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Full-Text Articles in Law
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Faculty Scholarship
One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …
Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian
Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian
Court Briefs
No abstract provided.
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Maryland Law Review
No abstract provided.
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Faculty Scholarship
The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes.
The strongest existing argument that state prisoners are constitutionally entitled to a federal habeas forum involves a theory of incorporation under the Fourteenth Amendment’s Due Process Clause. I provide a new and different account: specifically, that the Fourteenth Amendment’s Privileges and Immunities Clause (“PI Clause”) guarantees a habeas privilege as a feature of national citizenship, and that the corresponding habeas …
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Maryland Law Review
No abstract provided.
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
Journal of Health Care Law and Policy
No abstract provided.
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Maryland Law Review
No abstract provided.
Prison Disciplinary Hearings And Procedural Due Process - The Requirement Of A Full Administrative Hearing, Michael A. Millemann
Prison Disciplinary Hearings And Procedural Due Process - The Requirement Of A Full Administrative Hearing, Michael A. Millemann
Maryland Law Review
No abstract provided.