Law Commons^™

Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.

Maryland Law Review

No abstract provided.

Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm

Maryland Law Review

No abstract provided.

Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson

Maryland Law Review

During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …

Negotiations In The Aftermath Of Koontz, Daniel P. Selmi

Maryland Law Review

No abstract provided.

Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Muscle Memory And The Local Concentration Of Capital Punishment, Lee B. Kovarsky

Faculty Scholarship

No abstract provided.

The Bellona Company's Case, Casey Conrad

Legal History Publications

The Bellona Gunpowder Company of Maryland was one of Maryland’s most prominent gunpowder manufactories during the early nineteenth century. Founded in 1801, the gunpowder company become the second leading gunpowder producer for the American government, and supplied almost one-fifth of American domestic gunpowder. In 1828, the Baltimore and Susquehanna Railroad Company was incorporated by the State of Maryland to construct a railroad that would connect the City of Baltimore to the Susquehanna River. The legislature authorized the railroad company to initiate condemnation proceedings against private property owners, if it was unable to negotiate for the sale of such land. In …

Foreword: Private And Public Revisited Once Again, Mark A. Graber

Maryland Law Review

No abstract provided.

Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff

Maryland Law Review

No abstract provided.

Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano

Maryland Law Review

New technologies inevitably raise novel legal questions. This is particularly true of technologies, such as neuro lie detection, that offer new ways to investigate crime. Recently, a number of scholars have asked whether neuro lie detection testing is constitutional. So far, the debate has focused on the Fifth Amendment—specifically whether evidence gathered through neuro lie detection is constitutionally admissible because it is “physical” in nature or inadmissible because it is “testimonial” in nature. Under current Supreme Court doctrine, this Fifth Amendment debate is intractable. However, the more fundamental question of whether the government can compel individuals to undergo a neuro …

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton

Maryland Law Review

No abstract provided.

Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington

Maryland Law Review

No abstract provided.

Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr

Maryland Law Review

No abstract provided.

The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim

Maryland Law Review

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …

A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown

Maryland Law Review

No abstract provided.

American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary

Maryland Law Review Online

No abstract provided.

Mccutcheon V. Fec: Sacrificing Campaign Finance Regulation In The Name Of Free Speech, Haley S. Peterson

Maryland Law Review Online

No abstract provided.

Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks

Faculty Scholarship

No abstract provided.

Spokeo V. Robins And The Constitutional Foundations Of Statutory Standing, Maxwell Stearns

Faculty Scholarship

In Spokeo v. Robins, the Supreme Court granted certiorari to address the following question: Does Congress have the power to confer standing upon an individual claiming that a privately owned website violated its federal statutory obligation to take specified steps designed to promote accuracy in aggregating and reporting his personal and financial data even if the resulting false disclosures did not produce concrete harm? This somewhat arcane standing issue involves congressional power to broaden the scope of the first of three constitutional standing requirements: injury in fact, causation, and redressability. Although the case does not directly address the prudential …

HarperOoning, GRoeIng And BrownIng The First Amendment, Mark A. Graber

Faculty Scholarship

No abstract provided.

Case Study: Webster V. Susquehanna Pole Line Company Of Harford County (1910), Alyssa E. Leonhardt

Legal History Publications

At the turn of the 20th century, the State of Maryland witnessed an increase in the demand for hydroelectricity. Several public utility companies raced to construct a hydroelectric facility on the Susquehanna River, by which they could distribute electricity to Baltimore, Harrisburg, Philadelphia, and Wilmington. This case study examines the use of eminent domain by one such company, the Susquehanna Pole Line Company of Harford County, for the purpose of erecting a continuous transmission line, originating at McCall’s Ferry Dam, the first hydroelectric facility built on the Susquehanna River. This project was subsequently challenged by Harford County residents, whose property …

The Constitutional Dimensions Of Sports Franchise Takings: Lessons Learned From The Baltimore Colts, Travis Bullock

Legal History Publications

This paper chronicles the history of the Baltimore Colts up to and during that franchises’ relocation from Baltimore City to Indianapolis. Although Baltimore City attempted to prevent the relocation by taking the franchise through eminent domain, the Colts were no longer subject to Maryland’s, and therefore the city’s, jurisdiction. By moving, the Colts exposed an important limitation on State eminent domain authority; that condemned property must be located within a state’s territory in order to be subject to eminent domain. Further, the commerce clause would likely have prevented the city from condemning the Colts.

Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein

Maryland Law Review

During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These …

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.

The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …

Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly

Schmooze 'tickets'

No abstract provided.

Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen

Schmooze 'tickets'

No abstract provided.

To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson

Schmooze 'tickets'

No abstract provided.

Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen

Schmooze 'tickets'

No abstract provided.

Hungary: An Election In Question, Kim Lane Scheppele

Schmooze 'tickets'

No abstract provided.

The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith

Schmooze 'tickets'

No abstract provided.