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University of Maryland Francis King Carey School of Law

Journal

2014

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Articles 1 - 30 of 55

Full-Text Articles in Law

Debunking The Myths Surrounding Student Scholarly Writing, Kristina V. Foehrkolb, Marc A. Desimone Jr. Nov 2014

Debunking The Myths Surrounding Student Scholarly Writing, Kristina V. Foehrkolb, Marc A. Desimone Jr.

Maryland Law Review

There is a tendency to view scholarly writing by law students as an exercise that has little utility in preparing them for the actual practice of law. This assumption is unfounded; to the contrary, scholarly writing in law school gives students a unique learning opportunity that is surprisingly close to how students will learn and write when they enter practice. While few law schools take advantage of this valuable learning tool, law school journals have long served as a vehicle and an outlet for student scholarship. Relying on the practices of some of the country’s top journals and using our …


Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein Nov 2014

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 …


Immigration Surveillance, Anil Kalhan Nov 2014

Immigration Surveillance, Anil Kalhan

Maryland Law Review

In recent years, immigration enforcement levels have soared, yielding a widely noted increase in the number of noncitizens removed from the United States. Less visible, however, has been an attendant sea change in the underlying nature of immigration governance itself, hastened by new surveillance and dataveillance technologies. Like many other areas of contemporary governance, immigration control has rapidly become an information-centered and technology-driven enterprise. At virtually every stage of the process of migrating or traveling to, from, and within the United States, both noncitizens and U.S. citizens are now subject to collection and analysis of extensive quantities of personal information …


The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy Nov 2014

The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy

Maryland Law Review

Adult children living with their parents represent an increasingly common social phenomenon in the United States that challenges the boundaries of both the family and formal property rights. What is the legal status of adult children living with their parents? Do parents have any additional duties when they rescind permission for their child to live with them? Property and family scholars have not addressed this important issue. This Article fills the void. Instead of treating people who live together as strangers, owing no legal obligations to one another, I argue that under certain conditions living with others creates a property …


Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck Jan 2014

Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck

Maryland Law Review

No abstract provided.


Redesigning The Science Court, Justin Sevier Jan 2014

Redesigning The Science Court, Justin Sevier

Maryland Law Review

No abstract provided.


Locality V. Online Travel Company: Does The Bell Finally Toll For Quill Corp. V. North Dakota, Jaan Rannik Jan 2014

Locality V. Online Travel Company: Does The Bell Finally Toll For Quill Corp. V. North Dakota, Jaan Rannik

Journal of Business & Technology Law

No abstract provided.


Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford Jan 2014

Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford

Journal of Health Care Law and Policy

No abstract provided.


Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer Jan 2014

Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer

Journal of Health Care Law and Policy

No abstract provided.


The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee Jan 2014

The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee

Maryland Series in Contemporary Asian Studies

No abstract provided.


Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark Jan 2014

Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark

Journal of Health Care Law and Policy

No abstract provided.


The Medicaid Gamble, Ann Marie Marciarille Jan 2014

The Medicaid Gamble, Ann Marie Marciarille

Journal of Health Care Law and Policy

No abstract provided.


Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart Jan 2014

Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart

Journal of Health Care Law and Policy

No abstract provided.


Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon Jan 2014

Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon

Journal of Business & Technology Law

No abstract provided.


Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo Jan 2014

Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo

Maryland Law Review

No abstract provided.


Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal Jan 2014

Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal

Maryland Law Review

No abstract provided.


Deference, Chenery, And Foia, Margaret B. Kwoka Jan 2014

Deference, Chenery, And Foia, Margaret B. Kwoka

Maryland Law Review

No abstract provided.


Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski Jan 2014

Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski

Maryland Law Review

No abstract provided.


Kaley V. United States: Sanctifying Grand Jury Determinations And Marginalizing The Right To Counsel Of Choice, Laura Merkey Jan 2014

Kaley V. United States: Sanctifying Grand Jury Determinations And Marginalizing The Right To Counsel Of Choice, Laura Merkey

Maryland Law Review

No abstract provided.


Jerry Deise, The Honorable Paul W. Grimm, Alan D. Hornstein, Michael Pinard, Stuart M. Salsbury Jan 2014

Jerry Deise, The Honorable Paul W. Grimm, Alan D. Hornstein, Michael Pinard, Stuart M. Salsbury

Maryland Law Review

No abstract provided.


Now Children Learn Better: Revising Nclb To Promote Teacher Effectiveness In Student Development, Chris Chambers Goodman Jan 2014

Now Children Learn Better: Revising Nclb To Promote Teacher Effectiveness In Student Development, Chris Chambers Goodman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski Jan 2014

Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski

Maryland Law Review

No abstract provided.


Maryland V. King: Sacrificing The Fourth Amendment To Build Up The Dna Database, Stephanie B. Noronha Jan 2014

Maryland V. King: Sacrificing The Fourth Amendment To Build Up The Dna Database, Stephanie B. Noronha

Maryland Law Review

No abstract provided.


The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner Jan 2014

The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner

Maryland Law Review

No abstract provided.


In Memoriam: Katherine Vaughns, Taunya Lovell Banks, The Honorable Judith Ford, Emma Coleman Jordan, Karen H. Rothenberg Jan 2014

In Memoriam: Katherine Vaughns, Taunya Lovell Banks, The Honorable Judith Ford, Emma Coleman Jordan, Karen H. Rothenberg

Maryland Law Review

No abstract provided.


Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette Jan 2014

Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette

Maryland Law Review

No abstract provided.


Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart Jan 2014

Clapper V. Amnesty International Usa: Allowing The Fisa Amendments Act Of 2008 To Turn "Incidentally" Into "Certainly", Liz Clark Rinehart

Maryland Law Review

No abstract provided.


Tributes To Professor Susan Leviton Jan 2014

Tributes To Professor Susan Leviton

Maryland Law Review

No abstract provided.


Problem-Solving Courts And Pragmatism, Richard C. Boldt Jan 2014

Problem-Solving Courts And Pragmatism, Richard C. Boldt

Maryland Law Review

No abstract provided.


Bad Medicine: Ftc V. Actavis, Inc. And The Missed Opportunity To Resolve The Pay-For-Delay Problem, Susan Schipper Jan 2014

Bad Medicine: Ftc V. Actavis, Inc. And The Missed Opportunity To Resolve The Pay-For-Delay Problem, Susan Schipper

Maryland Law Review

No abstract provided.