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Articles 11071 - 11100 of 546874
Full-Text Articles in Law
The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks
The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks
Maryland Law Review
No abstract provided.
The Democratic Imperative To Make Margins Matter, Daniel Wodak
The Democratic Imperative To Make Margins Matter, Daniel Wodak
Maryland Law Review
No abstract provided.
West Virginia V. Epa: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday
West Virginia V. Epa: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday
Maryland Law Review
No abstract provided.
Kennedy V. Bremerton School District: Throwing A Red Flag For The Public-Employee Speech Arena To Challenge The Court’S Hail Mary, Isabella Henry
Kennedy V. Bremerton School District: Throwing A Red Flag For The Public-Employee Speech Arena To Challenge The Court’S Hail Mary, Isabella Henry
Maryland Law Review
No abstract provided.
State V. Matthews: Maryland Fails To Measure Up To Its New Expert Testimony Standard, Thomas Kiley
State V. Matthews: Maryland Fails To Measure Up To Its New Expert Testimony Standard, Thomas Kiley
Maryland Law Review
No abstract provided.
Who Are The True Heirs Of Lincoln And Douglas?, Rogers M. Smith
Who Are The True Heirs Of Lincoln And Douglas?, Rogers M. Smith
Maryland Law Review
No abstract provided.
Frederick Douglass As Constitutionalist, Jack M. Balkin, Sanford Levinson
Frederick Douglass As Constitutionalist, Jack M. Balkin, Sanford Levinson
Maryland Law Review
No abstract provided.
Lincoln, Douglass, Fugitive Slave Law, And Constitutional Evil, Robinson Woodward-Burns
Lincoln, Douglass, Fugitive Slave Law, And Constitutional Evil, Robinson Woodward-Burns
Maryland Law Review
No abstract provided.
“Our Constitution . . . Should Be Read By Intelligent And Patriotic Men”: A Statistical Analysis Of Constitutional Rhetoric, William D. Blake
“Our Constitution . . . Should Be Read By Intelligent And Patriotic Men”: A Statistical Analysis Of Constitutional Rhetoric, William D. Blake
Maryland Law Review
No abstract provided.
A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller
A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller
Maryland Law Review
No abstract provided.
A Fiduciary Principle Of Policing, Stephen R. Galoob
A Fiduciary Principle Of Policing, Stephen R. Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Stop Threatening Nails With Wrenches: Why Military Contractor Misdeeds Abroad Should Be Handled Using The Uniform Code Of Military Justice Rather Than The Current Civilian First Strategy, Gwendolyn Savitz
Articles, Chapters in Books and Other Contributions to Scholarly Works
Many legal violations by military contractors are never addressed through the legal system. This is despite Congress having enacted two laws that attempt to hold contractors accountable for crimes committed abroad. The reason for this gap is that the military has adopted a civilian-first strategy where the primary choice of prosecution is delegated to the Department of Justice. This is a mistake. This article explains why the civilian-first strategy has been so unsuccessful and how the military can appropriately move to a military-first strategy. Doing so would provide the military better control over the Total Force, which is particularly important …
Reviewing Mixed Questions Of Fact And Law In Administrative Adjudications: Why Courts Should Move To “Substantially Established Facts”, Gwendolyn Savitz
Reviewing Mixed Questions Of Fact And Law In Administrative Adjudications: Why Courts Should Move To “Substantially Established Facts”, Gwendolyn Savitz
Articles, Chapters in Books and Other Contributions to Scholarly Works
Courts are inconsistent in how they review mixed questions of fact and law in administrative adjudications. Many courts simply and unquestioningly review the entire mixed issue using only substantial evidence review. This grants extreme and unquestioning deference to any legal interpretation used by the agency, far more than would be available to it under the increasingly besieged Chevron doctrine, despite the fact that the adjudications being reviewed in this manner generally would not even be entitled to Chevron deference if the legal component of the mixed question were analyzed separately. Courts should therefore analyze the different components of a mixed …
Introduction To Symposium On Policing And Political Philosophy, Stephen R. Galoob, Jake Monaghan
Introduction To Symposium On Policing And Political Philosophy, Stephen R. Galoob, Jake Monaghan
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Book Review: Comparative Election Law, Lori A. Ringhand
Book Review: Comparative Election Law, Lori A. Ringhand
Scholarly Works
Review of the book Comparative Election Law by James A Gardner, ed. (Cheltenham: Edward Elgar Publishing, 2022) 544 p.
Table Of Contents, Volume 61, Number 1, Winter 2023 [And Other Preliminary Pages]
Table Of Contents, Volume 61, Number 1, Winter 2023 [And Other Preliminary Pages]
Duquesne Law Review
No abstract provided.
The Death And Resurrection Of Establishment Doctrine, Gerard V. Bradley
The Death And Resurrection Of Establishment Doctrine, Gerard V. Bradley
Duquesne Law Review
Lead Article
The biggest news of the Supreme Court's 2021-22 term was the Court's "abandonment" of Lemon v. Kurtzman as the default test for Establishment Clause jurisprudence. For a full half-century, Lemon v. Kurtzman defined what our constitutional separation of church and state meant. But now the Court has definitively laid it to rest. The important question of church-state relations stands at a strategic fork in the road that the Court has not faced since 1962, and perhaps not since 1947. Justice Gorsuch complained that Lemon demonstrably failed as law. That it was a judicial tool that flopped by every …
Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman
Fair Notice, The Rule Of Law, And Reforming Qualified Immunity, Nathan S. Chapman
Scholarly Works
After many well-publicized cases of police wrongdoing, a growing number of courts, scholars, and politicians have demanded the abolition of qualified immunity. The doctrine requires courts to dismiss damages actions against officials for violating the plaintiff’s constitutional rights unless a reasonable officer would have known that the right was “clearly established.” Scholars argue that the doctrine impedes deterrence of rights violations and forecloses compensation and vindication for victims.
One line of attack has relied on empirical evidence to challenge what scholars take to be the main justification for qualified immunity, that it prevents the threat of constitutional liability from over-deterring …
Analysis Of Carson V. Makin, Wilson Huhn
Analysis Of Carson V. Makin, Wilson Huhn
Duquesne Law Review
Many school districts in the State of Maine lack high schools, so the children in those districts must attend another school selected by their parents.1 In 1873 the State of Maine enacted a tuition assistance program, called "town tuitioning," that offers a stipend to participating schools to partially defray the cost of educating children from districts that lack a high school.2 In 1981 the State of Maine enacted a law that categorically excludes "sectarian schools" from participating in the tuition assistance program.3 The Maine Department of Education defines a "sectarian school" as a school that is both …
Table Of Contents, Volume 61, Number 2, Summer 2023 [And Other Preliminary Pages]
Table Of Contents, Volume 61, Number 2, Summer 2023 [And Other Preliminary Pages]
Duquesne Law Review
No abstract provided.
"We Don't Know What We Want": The Tug Between Rights And Public Health Online, Jonathan Zittrain
"We Don't Know What We Want": The Tug Between Rights And Public Health Online, Jonathan Zittrain
Duquesne Law Review
Twitter and Facebook boast billions of subscribers, many of whom are real people. The companies are also roundly hated, particularly by tech experts-at least those who follow them for something other than their stock performance.1 Objections to platforms' behavior are commonly expressed as amazement that they could be so obviously and consistently wrong in failing to police awful content their users post. There is also amazement about unobjectionable posts and comments from users that they take down.2 That, in turn, has led to pressure for regulatory initiatives to push the companies into doing what they so clearly ought …
The Tug Between Private And Public Power Online, Evelyn Douek
The Tug Between Private And Public Power Online, Evelyn Douek
Duquesne Law Review
Professor Zittrain's article describes, in his characteristically vivid and engaging way, one of the most consequential tugs of war of the internet age: the battle over the rules for what can and cannot be said online. The legal centerpiece of Zittrain's story is the Skokie case from the late 1970s, which held that Nazis had a First Amendment right to march in a Chicago suburb with a large population of Holocaust survivors.1 Zittrain calls the case "a near-perfect encapsulation of mainstream late twentieth century characterization of the right to free speech in America."2 And he's right-there is perhaps …
Platform Governance's Legitimate Dilemmas, Alicia Solow-Niederman
Platform Governance's Legitimate Dilemmas, Alicia Solow-Niederman
Duquesne Law Review
How can we govern if "we don't know what we want?"1 In characteristically engaging and thought-provoking fashion, Jonathan Zittrain's Essay interrogates our ongoing struggle to answer this thorny question.2 As Professor Zittrain exposes, governing social media firms like Twitter and Facebook is no easy feat.3 Part of the challenge is defining the problem itself: it's hard to diagnose what, exactly, "is so 'obviously' wrong" with social media today.4 Naturally, without a consensus on what is wrong, it is difficult, if not impossible, to make it right.
Whose Ledger Is Really Red? Confidential Arbitration Killed The Black Widow, Daniel Charles Smolsky
Whose Ledger Is Really Red? Confidential Arbitration Killed The Black Widow, Daniel Charles Smolsky
Duquesne Law Review
After filing a complaint against the Walt Disney Company in July 2021, Scarlett Johansson ensured that she would follow through with litigation to protect other Hollywood talent. Despite that assurance, Johansson settled her suit with Disney only sixty-three days after filing her complaint. This Article explores what Johansson's shockingly swift settlement reveals about not only the entertainment industry, but the majority of modern employment disputes. Did Disney abuse its power and intentionally sacrifice box-office profits at Johansson's expense, or did Johansson leverage her public influence to compel an unwarranted settlement? Whose ledger is really red and perhaps more importantly why …
The Pricelessness Of Life Vs. Profiting From Illness: A Call For Change To The Pricing Model For Lifesaving Drugs In The United States, Aubri L. Swank
The Pricelessness Of Life Vs. Profiting From Illness: A Call For Change To The Pricing Model For Lifesaving Drugs In The United States, Aubri L. Swank
Duquesne Law Review
Pharmaceutical drug prices in the United States are at the highest costs yet seen, and it looks like these prices are still continuing to climb. While people in the United States are struggling to pay for necessary medications, the prices of those same medications are drastically lower in other countries.
This Article directly analyzes the issue of pharmaceutical pricing in the United States through two specific lifesaving drugs, insulin and epinephrine. Both drugs are prescriptions required to keep some people alive, and both are related to manufacturing companies with questionable, overwhelming control of the markets. While there has been recent …
Covid-19 And Broadband Internet: Historic Government Funding In The Wake Of A Global Pandemic Poised To Bridge The Digital Divide, Kaitlin M. Kroll
Covid-19 And Broadband Internet: Historic Government Funding In The Wake Of A Global Pandemic Poised To Bridge The Digital Divide, Kaitlin M. Kroll
Duquesne Law Review
The COVID-19 pandemic impacted how Americans live, work, and learn. As the country returns to normalcy, reliable, fast internet connection is critical for Americans it is no longer a luxury, it is a necessity. While many Americans do not think twice about having internet connectivity, there are still many Americans who are unable to access or afford the internet, especially in rural communities and low-income households. In the wake of the pandemic, Congress allocated historic amounts of funding for broadband initiatives. The most substantial of which are the broadband allocations under the Infrastructure Investment and Jobs Act ("IIJA'). While the …
Running A Red Light: How Pennsylvania Rushed To Its Destination And Failed To Define "Exigent Circumstances" In Commonwealth V. Alexander, Josephine L. Mlakar
Running A Red Light: How Pennsylvania Rushed To Its Destination And Failed To Define "Exigent Circumstances" In Commonwealth V. Alexander, Josephine L. Mlakar
Duquesne Law Review
The United States Supreme Court and the Pennsylvania Supreme Court both recognize an "automobile exception" to the warrant requirement pursuant to their respective constitutions. In 2014, the Pennsylvania Supreme Court adopted the federal automobile exception. Under the federal automobile exception, police can search a vehicle without a warrant where probable cause exists. In 2020, the Pennsylvania Supreme Court overruled its 2014 decision, and announced its official departure from federal standard. Now, police can search a vehicle without a warrant only upon a showing of both probable cause and exigent circumstances.
Adding an exigency component to the warrantless search requirement is …
Increasing Representation: Expanding Intersectional Claims In Employment Discrimination, Anna Maria Sicenica
Increasing Representation: Expanding Intersectional Claims In Employment Discrimination, Anna Maria Sicenica
Duquesne Law Review
The trend of globalization has only continued to bring workers from different races, religions, and countries to the United States. Moreover, in a country where women continue to become a larger part of the workforce every year, and as the age of retirement continues to grow, there will inevitably be more women who will face discrimination on multiple grounds: specifically, for their age and sex. Thus, it is no wonder that "intersectional claimants," or claimants that belong to least two or more protected classes under the law, now make up the majority of the workforce.
However, despite the fact that …
Increasing Compliance With International Pandemic Law: International Relations And New Global Health Agreements, Matthew M. Kavanagh, Clare Wenham, Elize Massard Da Fonseca, Laurence R. Helfer, Elvin Nyukuri, Allan Maleche, Sam F. Halabi, Adi Radhakrishnan, Attiya Waris
Increasing Compliance With International Pandemic Law: International Relations And New Global Health Agreements, Matthew M. Kavanagh, Clare Wenham, Elize Massard Da Fonseca, Laurence R. Helfer, Elvin Nyukuri, Allan Maleche, Sam F. Halabi, Adi Radhakrishnan, Attiya Waris
Faculty Scholarship
No abstract provided.