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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 5125

Full-Text Articles in Law

Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney Jul 2018

Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney

Faculty Scholarship

No abstract provided.


Law & Health Care Newsletter Jul 2018

Law & Health Care Newsletter

Law & Health Care Newsletter

No abstract provided.


Table Of Contents Jun 2018

Table Of Contents

Maryland Law Review

No abstract provided.


Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman Jun 2018

Jackson V. Dackman Co.: The Legislative Modification Of Common Law Tort Remedies Under Article 19 Of The Maryland Declaration Of Rights, Dan Friedman

Maryland Law Review

No abstract provided.


The Final Countdown: California Public Employees’ Retirement System V. Anz Securities And The Sweeping Ban On Tolling Statutes Of Repose In Class Actions, Emily Kelsay Jun 2018

The Final Countdown: California Public Employees’ Retirement System V. Anz Securities And The Sweeping Ban On Tolling Statutes Of Repose In Class Actions, Emily Kelsay

Maryland Law Review

No abstract provided.


“Dishonesty” In Fact: The Future Uncertainty Of Maryland’S Statutory Interpretation Of Good Faith & Encouraging Lax Lender Liability, Kara N. Achilihu Jun 2018

“Dishonesty” In Fact: The Future Uncertainty Of Maryland’S Statutory Interpretation Of Good Faith & Encouraging Lax Lender Liability, Kara N. Achilihu

Maryland Law Review

No abstract provided.


Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law, Rebecca Lineberry Jun 2018

Combatting Wage Theft: Establishing Employees As Secured Creditors Under The Maryland Unpaid Wage Lien Law, Rebecca Lineberry

Maryland Law Review

No abstract provided.


Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly Jun 2018

Take-Home Toxin: Following Kesner’S Lead And Creating A Consistent Framework For Determining Duty Toward Victims Of Secondary Asbestos Exposure, Brendan Kelly

Maryland Law Review

No abstract provided.


Parallel Enforcement And Agency Interdependence, Anthony O'Rourke Jun 2018

Parallel Enforcement And Agency Interdependence, Anthony O'Rourke

Maryland Law Review

Parallel civil and criminal enforcement dominates public enforcement of everything from securities regulation to immigration control. The scholarship, however, lacks any structural analysis of how parallel enforcement differs from other types of inter-agency coordination. Drawing on original interviews with prosecutors, regulators, and white-collar defense attorneys, this Article is the first to provide a realistic presentation of how parallel enforcement works in practice. It builds on this descriptive account to offer an explanatory theory of the pressures and incentives that shape parallel enforcement. The Article shows that, in parallel proceedings, criminal prosecutors lack the gatekeeping monopoly that traditionally defines their relationships ...


End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright Jun 2018

End Of Life And Autonomy: The Case For Relational Nudges In End-Of-Life Decision-Making Law And Policy, Megan S. Wright

Maryland Law Review

Autonomy is a central principle in many areas of health law. In the case of end-of-life decision-making law and policy, however, the principle of autonomy requires revision. On the whole, law conceptualizes autonomy at the end of life as an individual making private, personal decisions based solely on their interests and values, and independent of others. But ordinary people understand autonomous decisionmaking at the end of life differently, in a way that acknowledges the importance of their interpersonal relationships. Social science research has documented that strengthening relationships with others, sharing responsibility in the decision-making process with healthcare providers, and taking ...


Table Of Contents May 2018

Table Of Contents

Maryland Law Review

No abstract provided.


In Memoriam: Clinton Bamberger May 2018

In Memoriam: Clinton Bamberger

Maryland Law Review

No abstract provided.


Equal Work, Stephanie Bornstein May 2018

Equal Work, Stephanie Bornstein

Maryland Law Review

Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually ...


Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris May 2018

Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris

Maryland Law Review

No abstract provided.


In Memoriam: The Honorable Howard S. Chasanow May 2018

In Memoriam: The Honorable Howard S. Chasanow

Maryland Law Review

No abstract provided.


Positive Legal Education: Flourishing Law Students And Thriving Law Schools, Debra S. Austin May 2018

Positive Legal Education: Flourishing Law Students And Thriving Law Schools, Debra S. Austin

Maryland Law Review

No abstract provided.


Shawe V. Elting: The Imperfect Sale Of Transperfect Global, Inc., Sarah M. Samaha May 2018

Shawe V. Elting: The Imperfect Sale Of Transperfect Global, Inc., Sarah M. Samaha

Maryland Law Review

No abstract provided.


Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson May 2018

Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson

Maryland Law Review

No abstract provided.


Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia May 2018

Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia

Maryland Law Review

No abstract provided.


Judicial Candidates’ Right To Lie, Nat Stern May 2018

Judicial Candidates’ Right To Lie, Nat Stern

Maryland Law Review

, the Supreme Court struck down a law forbidding certain judicial campaign speech. A decade later, the Court in United States v. Alvarez ruled that factually false statements do not constitute categorically unprotected expression under the First Amendment. Together, these two holdings, along with the Court’s wider protection of political expression and disapproval of content-based restrictions, cast serious doubt on states’ ability to ban false and misleading speech by judicial candidates. Commonly known as the misrepresent clause, this prohibition has intuitive appeal in light of judges’ responsibilities and still exists in many states. Given the provision’s vulnerability to challenge ...


Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir May 2018

Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir

Endnotes

No abstract provided.


“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins May 2018

“And/Or” And The Proper Use Of Legal Language, Ira P. Robbins

Maryland Law Review

The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts—including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting. Ardent attacks on the term included charges that it was vague, if not meaningless, with some authorities declaring it to be a “Janus-faced verbal monstrosity,” an “inexcusable barbarism,” a “mongrel expression,” an “abominable invention,” a “crutch of sloppy thinkers,” and “senseless jargon.” Still today, critics maintain that the construct and/or is inherently ambiguous ...


Digital Expungement, Eldar Haber May 2018

Digital Expungement, Eldar Haber

Maryland Law Review

No abstract provided.


Towards The Second Founding Of Federal Sentencing, Dawinder S. Sidhu May 2018

Towards The Second Founding Of Federal Sentencing, Dawinder S. Sidhu

Maryland Law Review

In 1987, the Nation’s first attempt to standardize federal sentencing came in the form of the United States Sentencing Guidelines. Following United States v. Booker, however, the Guidelines project began bending, and today it is now all but broken, besieged by complexity, undue severity, and the very disparities that it was designed to limit. This Article responds to this crisis by establishing the blueprint for an alternative federal sentencing model. Under this proposal, sentencing determinations would be based on statutory grades and unweighted aggravating and mitigating factors. This approach brings coherence to the purposes of punishment and, by deemphasizing ...


Prisoners Of Fate: The Challenges Of Creating Change For Children Of Incarcerated Parents, Amy B. Cyphert May 2018

Prisoners Of Fate: The Challenges Of Creating Change For Children Of Incarcerated Parents, Amy B. Cyphert

Maryland Law Review

Children of incarcerated parents, the invisible victims of mass incarceration, suffer tremendous physical, psychological, educational, and financial burdens—detrimental consequences that can continue even long after a parent has been released. Although these children are blameless, policy makers, judges, and prison officials in charge of visitation policies have largely overlooked them. The United States Sentencing Commission Guidelines Manual explicitly instructs judges to ignore children when fashioning their parents’ sentences, and judges have largely hewed to this policy, even in the wake of the 2005 United States v. Booker decision that made those Guidelines merely advisory, not mandatory. Although some scholars ...


The Privacy Of The Public Schools, Emily Suski May 2018

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making ...


Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington May 2018

Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington

Maryland Law Review

No abstract provided.


Kokesh V. Sec: The Supreme Court Redefines An Effective Securities Enforcement Tool, Conor Daly May 2018

Kokesh V. Sec: The Supreme Court Redefines An Effective Securities Enforcement Tool, Conor Daly

Endnotes

No abstract provided.


Table Of Contents May 2018

Table Of Contents

Maryland Law Review

No abstract provided.


Business Law Bulletin, Spring 2018 Apr 2018

Business Law Bulletin, Spring 2018

Business Law Bulletin

No abstract provided.