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Articles 91 - 120 of 235
Full-Text Articles in Law
Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten
Penalty And Proportionality In Deportation For Crimes, Maureen A. Sweeney, Hillary Scholten
Faculty Scholarship
No abstract provided.
Legal Impediments To The Diffusion Of Telemedicine, Diane E. Hoffmann, Virginia Rowthorn
Legal Impediments To The Diffusion Of Telemedicine, Diane E. Hoffmann, Virginia Rowthorn
Faculty Scholarship
No abstract provided.
Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana
Citizenship Under Fire: The Forging Of The New Americans, Shruti Rana
Faculty Scholarship
This essay reviews and critiques two new books on the debate over immigration and citizenship, Anna O. Law, The Immigration Battle in American Courts, and Ediberto Roman, Citizenship and Its Exclusions: A Classical, Constitutional, and Critical Race Critique. Law’s book takes a procedural approach to unraveling the complex immigration cases emanating from the U.S. courts of appeals and the U.S. Supreme Court. This essay challenges some of Law’s conclusions and suggests methodological alterations that may strengthen her key arguments. Roman’s book is distinct from Law’s in that it takes on a much broader historical and procedurialist view of the …
Habeas Verité, Lee B. Kovarsky
Habeas Verité, Lee B. Kovarsky
Faculty Scholarship
Three recent books from varied academic disciplines demonstrate that habeas is as much about power as it is about liberty - the power of some judges over other magistrates, the power of the judiciary over coordinagte governing institutions, and the power of dominant political coalitions ovefr the opposition.
The New Rules For Law Schools, Barbara S. Gontrum
The New Rules For Law Schools, Barbara S. Gontrum
Faculty Scholarship
No abstract provided.
Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale
Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale
Faculty Scholarship
No abstract provided.
Dominant Search Engines: An Essential Cultural & Political Facility, Frank Pasquale
Dominant Search Engines: An Essential Cultural & Political Facility, Frank Pasquale
Faculty Scholarship
When American lawyers talk about "essential facilities," they are usually referring to antitrust doctrine that has required certain platforms to provide access on fair and nondiscriminatory terms to all comers. Some have recently characterized Google as an essential facility. Antitrust law may shape the search engine industry in positive ways. However, scholars and activists must move beyond the crabbed vocabulary of competition policy to develop a richer normative critique of search engine dominance.
In this chapter, I sketch a new concept of "essential cultural and political facility," which can help policymakers recognize and address situations where a bottleneck has become …
Restoring Transparency To Automated Authority, Frank Pasquale
Restoring Transparency To Automated Authority, Frank Pasquale
Faculty Scholarship
Leading finance, health care, and internet firms shroud key operations in secrecy. Our markets, research, and life online are increasingly mediated by institutions that suffer serious transparency deficits. When a private entity grows important enough, it should be subject to transparency requirements that reflect its centrality. The increasing intertwining of governmental, business, and academic entities should provide some leverage for public-spirited appropriators and policymakers to insist on more general openness.
However well an "invisible hand" coordinates economic activity generally, markets depend on reliable information about the practices of core firms that finance, rank, and rate entities in the rest of …
William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale
William H. Sorrell, Attorney General Of Vermont, Et Al. V. Ims Health Inc., Et Al. - Amicus Brief In Support Of Petitioners, Kevin Outterson, David Orentlicher, Christopher T. Robertson, Frank A. Pasquale
Faculty Scholarship
On April 26, 2011, the US Supreme Court will hear oral arguments in the Vermont data mining case, Sorrell v. IMS Health Inc. Respondents claim this is the most important commercial speech case in a decade. Petitioner (the State of Vermont) argues this is the most important medical privacy case since Whalen v. Roe.
The is an amicus brief supporting Vermont, written by law professors and submitted on behalf of the New England Journal of Medicine
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Faculty Scholarship
No abstract provided.
The Elephantine Google Books Settlement, James Grimmelmann
The Elephantine Google Books Settlement, James Grimmelmann
Faculty Scholarship
The genius—some would say the evil genius—of the proposed Google Books settlement is the way it fuses legal categories. The settlement raises important class action, copyright, and antitrust issues, among others. But just as an elephant is not merely a trunk plus legs plus a tail, the settlement is more than the sum of the individual issues it raises. These “issues” are, really just different ways of describing a single, overriding issue of law and policy—a new way to concentrate an intellectual property industry.
In this essay, I will argue for the critical importance of seeing the settlement all at …
First-Class Objects, James Grimmelmann
First-Class Objects, James Grimmelmann
Faculty Scholarship
What is the difference between "James Grimmelmann" and "@grimmelm" and why should we care? Some computer systems, like Facebook and credit reporting agencies, are inherently "about" people. Others are not. This essay argues that the key technical difference is whether they use unique identifiers to refer to people in their databases. From this single distinction, a host of social and humanistic consequences follow. The essay taxonomizes them and teases out some of their implications for privacy law.
Three Theories Of Copyright In Ratings, James Grimmelmann
Three Theories Of Copyright In Ratings, James Grimmelmann
Faculty Scholarship
Are ratings copyrightable? The answer depends on what ratings are. As a history of copyright in ratings shows, some courts treat them as unoriginal facts, some treat them as creative opinions, and some treat them as troubling self-fulfilling prophecies. The push and pull among these three theories explains why ratings are such a difficult boundary case for copyright, both doctrinally and theoretically. The fact-opinion tension creates a perverse incentive for raters: the less useful a rating, the more copyrightable it looks. Self-fulfilling ratings are the most troubling of all: copyright’s usual balance between incentives and access becomes indeterminate when ratings …
Campaign Disclosure And Tax-Exempt Entities: A Quick Repair To The Regulatory Plumbing, Donald B. Tobin
Campaign Disclosure And Tax-Exempt Entities: A Quick Repair To The Regulatory Plumbing, Donald B. Tobin
Faculty Scholarship
This article argues that there are some quick regulatory fixes the Treasury can implement to ensure that tax-exempt organizations are operating within the rules and that aggressive tax planning is not being used as a way to obfuscate rules for political organizations requiring disclosure. The article recommends that Treasury promulgate new regulations to require disclosure by tax-exempt entities of expenditures and contributions in excess of $25,000. The article also proposes that Treasury institute procedures to require tax-exempt organizations to file for exempt status, and to provide procedures for ensuring that these organizations meet the requirements in the statute and are …
Vogue Juridique & The Theory Choice Problem In The Debate Over Copyright Protection For Fashion Designs, Michael G. Bennett, Nick Buell, Jason Cetel, C. C. Perry
Vogue Juridique & The Theory Choice Problem In The Debate Over Copyright Protection For Fashion Designs, Michael G. Bennett, Nick Buell, Jason Cetel, C. C. Perry
Maryland Law Review Online
No abstract provided.
Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach
Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach
Journal of Health Care Law and Policy
No abstract provided.
Lessons From U.S. Trade With China: How To Use The World Trade Organization To Promote Public Health In Trade Relations With India, Lindsey Mccurdy
Lessons From U.S. Trade With China: How To Use The World Trade Organization To Promote Public Health In Trade Relations With India, Lindsey Mccurdy
Journal of Health Care Law and Policy
No abstract provided.
Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era, J. Brad Reich, Dawn Swink
Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era, J. Brad Reich, Dawn Swink
Journal of Health Care Law and Policy
No abstract provided.
Law & Health Care Newsletter, V. 18, No. 2, Spring 2011
Law & Health Care Newsletter, V. 18, No. 2, Spring 2011
Law & Health Care Newsletter
No abstract provided.
Law & Health Care Newsletter, V. 19, No. 1, Fall 2011
Law & Health Care Newsletter, V. 19, No. 1, Fall 2011
Law & Health Care Newsletter
No abstract provided.
In Pursuit Of Gradual Stabilization And Peace Dividends: Cross-Taiwan Strait Relations And Their Influence On The Asia Pacific, Kwei-Bo Huang
In Pursuit Of Gradual Stabilization And Peace Dividends: Cross-Taiwan Strait Relations And Their Influence On The Asia Pacific, Kwei-Bo Huang
Maryland Series in Contemporary Asian Studies
No abstract provided.
Legal Aid And The Rule Of Law In The People's Republic Of China, Mark Jia
Legal Aid And The Rule Of Law In The People's Republic Of China, Mark Jia
Maryland Series in Contemporary Asian Studies
The main purpose of this study is to evaluate the present state of legal aid in China.
Institutional Design And Development In The Roc (Taiwan): A Critical Review Of The Thoughts Of Sun Yat-Sen And The Global Development Of The Ombudsman System, Yeong-Kuang Ger
Maryland Series in Contemporary Asian Studies
No abstract provided.
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin
Student Articles and Papers
On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s landscape, as …
Legal Impediments To The Diffusion Of Telemedicine, Diane Hoffmann, Virginia Rowthorn
Legal Impediments To The Diffusion Of Telemedicine, Diane Hoffmann, Virginia Rowthorn
Journal of Health Care Law and Policy
No abstract provided.
Improving Cancer Outcomes Through Strong Networks And Regulatory Frameworks: Lessons From The United States And The European Union, Louise G. Trubek, Thomas R. Oliver, Chih-Ming Liang, Matt Mokrohisky
Improving Cancer Outcomes Through Strong Networks And Regulatory Frameworks: Lessons From The United States And The European Union, Louise G. Trubek, Thomas R. Oliver, Chih-Ming Liang, Matt Mokrohisky
Journal of Health Care Law and Policy
No abstract provided.
It's In Our Blood: A Critique Of The Fda's Reluctance To Regulate The Use Of Bisphenol A In The Food Supply, Ryan J. Carra
It's In Our Blood: A Critique Of The Fda's Reluctance To Regulate The Use Of Bisphenol A In The Food Supply, Ryan J. Carra
Journal of Health Care Law and Policy
No abstract provided.
Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally, Daniel J. Gilman
Physician Licensure And Telemedicine: Some Competitive Issues Raised By The Prospect Of Practising Globally While Regulating Locally, Daniel J. Gilman
Journal of Health Care Law and Policy
No abstract provided.
Hardt V. Reliance Standard Life Insurance Company: Attorney's Fee Awards Under Erisa And The "Some Degree Of Success" Standard, Matthew D. Gimovsky
Hardt V. Reliance Standard Life Insurance Company: Attorney's Fee Awards Under Erisa And The "Some Degree Of Success" Standard, Matthew D. Gimovsky
Journal of Health Care Law and Policy
No abstract provided.
Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan
Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan
Journal of Health Care Law and Policy
No abstract provided.