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University of Maryland Francis King Carey School of Law

Series

2017

Discipline
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Publication

Articles 1 - 28 of 28

Full-Text Articles in Law

Law & Health Care Newsletter, Fall 2017 Oct 2017

Law & Health Care Newsletter, Fall 2017

Law & Health Care Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2017 Oct 2017

Mid-Atlantic Ethics Committee Newsletter, Fall 2017

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


C-Drum News, Fall 2017 Oct 2017

C-Drum News, Fall 2017

The C-DRUM News

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 2017 Jul 2017

Mid-Atlantic Ethics Committee Newsletter, Summer 2017

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Remarks At The 2017 Hooding Ceremony, Calvin G. Butler Jr. May 2017

Remarks At The 2017 Hooding Ceremony, Calvin G. Butler Jr.

Commencement Speeches

No abstract provided.


Report On The 2016 Rent Court Adr Pilot For The District Court Of Maryland In Baltimore City, Center For Dispute Resolution At The University Of Maryland Baltimore May 2017

Report On The 2016 Rent Court Adr Pilot For The District Court Of Maryland In Baltimore City, Center For Dispute Resolution At The University Of Maryland Baltimore

C-DRUM Publications

No abstract provided.


When Antitrust Becomes Pro-Trust: The Digital Deformation Of U.S. Competition Policy, Frank A. Pasquale May 2017

When Antitrust Becomes Pro-Trust: The Digital Deformation Of U.S. Competition Policy, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Utah V. Strieff: The Gratuitous Expansion Of The Attenuation Doctrine, Courtney Watkins Apr 2017

Utah V. Strieff: The Gratuitous Expansion Of The Attenuation Doctrine, Courtney Watkins

Maryland Law Review Online

No abstract provided.


Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese Apr 2017

Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese

Maryland Law Review Online

No abstract provided.


Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison Apr 2017

Litz V. Maryland Department Of The Environment: Maryland’S Decision That Inaction Can Support An Inverse Condemnation Claim, Kerri Morrison

Maryland Law Review Online

No abstract provided.


Response To The Influence Of Exile: Three Stories, Bill Quigley Apr 2017

Response To The Influence Of Exile: Three Stories, Bill Quigley

Maryland Law Review Online

When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.

Professor Rankin’s article examines the very big picture …


Law And Health Care Newsletter, Spring 2017 Apr 2017

Law And Health Care Newsletter, Spring 2017

Law & Health Care Newsletter

No abstract provided.


Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli Jan 2017

Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Online Dispute Resolution: Stinky, Repugnant, Or Drab?, Robert J. Condlin Jan 2017

Online Dispute Resolution: Stinky, Repugnant, Or Drab?, Robert J. Condlin

Faculty Scholarship

No abstract provided.


The Importance Of The Business Judgment Rule, Bernard S. Sharfman Jan 2017

The Importance Of The Business Judgment Rule, Bernard S. Sharfman

Faculty Scholarship

No abstract provided.


Obergefell, Fisher, And The Inversion Of Tiers, Maxwell Stearns Jan 2017

Obergefell, Fisher, And The Inversion Of Tiers, Maxwell Stearns

Faculty Scholarship

In striking the ban on same-sex marriage in Obergefell v. Hodges, the Supreme Court avoided tiers of scrutiny, thus declining to apply rational basis in a non-deferential manner as it had in other cases involving sexual orientation. In oral argument in Fisher v. University of Texas, the Court signaled its growing discomfort with the Grutter v. Bollinger strict scrutiny doctrine, which affords a level of institutional deference in tension with narrow tailoring and least restrictive means. And although the Court claims to apply intermediate scrutiny in gender-based equal protection cases, the cases devolve de facto applications of strict …


What Difference Does Adr Make? Comparison Of Adr And Trial Outcomes In Small Claims Court, Lorig Charkoudian, Deborah Thompson Eisenberg, Jamie Walter Jan 2017

What Difference Does Adr Make? Comparison Of Adr And Trial Outcomes In Small Claims Court, Lorig Charkoudian, Deborah Thompson Eisenberg, Jamie Walter

Faculty Scholarship

This study compares the experience of small claims litigants who use alternative dispute resolution (“ADR”) to those who proceeded to trial without ADR. ADR had significant immediate and long-term benefits, including improved party attitudes toward and relationship with each other, greater sense of empowerment and voice, increases in parties taking responsibility for the dispute, and increases in party satisfaction with the judiciary. Cases that settled in ADR also were less likely to return to court for an enforcement action within the next year.


A Private Ordering Defense Of A Company's Right To Use Dual Class Share Structures In Ipos, Bernard S. Sharfman Jan 2017

A Private Ordering Defense Of A Company's Right To Use Dual Class Share Structures In Ipos, Bernard S. Sharfman

Faculty Scholarship

No abstract provided.


Technological Triggers To Tort Revolutions: Steam Locomotives, Autonomous Vehicles, And Accident Compensation, Donald G. Gifford Jan 2017

Technological Triggers To Tort Revolutions: Steam Locomotives, Autonomous Vehicles, And Accident Compensation, Donald G. Gifford

Faculty Scholarship

No abstract provided.


Should Domestic Violence Be Decriminalized?, Leigh S. Goodmark Jan 2017

Should Domestic Violence Be Decriminalized?, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale Jan 2017

Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The Automated Public Sphere, Frank A. Pasquale Jan 2017

The Automated Public Sphere, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The Scholarship Of Resonance In An Era Of Discord, Frank A. Pasquale Jan 2017

The Scholarship Of Resonance In An Era Of Discord, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale Jan 2017

The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin Jan 2017

From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin Jan 2017

Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin

Faculty Scholarship

No abstract provided.


United States V. The William And The Phenomena Of Jury Nullification In Early 19th Century America, Michael G. Lederman Jan 2017

United States V. The William And The Phenomena Of Jury Nullification In Early 19th Century America, Michael G. Lederman

Legal History Publications

In September 1808, Judge John Davis upheld the constitutionality of the Embargo Act of 1807 under the Constitution’s Article I, Section 8, Clause 3 Interstate Commerce power. Judge Davis’s original opinion curiously lacks any reference to Marbury v. Madison. Judge Davis defends judicial review and rejects the notion of jury nullification. While Judge Davis upheld the embargo’s constitutionality, a subsequent jury trial on the facts resulted in the return of The William to its rightful owners. This case reflects the attempts by early American judges to carve out the power of judicial review and maintain the appearance of an …


Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison Jan 2017

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …