Law Commons^™

Newsletter, Fall 2022

Newsletter

No abstract provided.

Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius

Homeland Security Publications

No abstract provided.

Feminist Legal History And Legal Pedagogy, Paula A. Monopoli

Faculty Scholarship

Women are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications …

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 …

Black Mothers Matter: The Social, Political And Legal Determinants Of Black Maternal Health Across The Lifespan, Elizabeth Tobin Tyler

Journal of Health Care Law and Policy

No abstract provided.

Patient Protection And Registered Nurse Retention: Model Legislation Addressing Inadequate Registered Nurse Staffing In Hospitals, Abbey Pirie Anderson

Journal of Health Care Law and Policy

No abstract provided.

On The Cusp Of The Next Malpractice Insurance Crisis, Philip G. Peters Jr.,

Journal of Health Care Law and Policy

No abstract provided.

Navigating Legalities In Crisis Standards Of Care, James G. Hodge Jr., Jennifer L. Piatt, Rebecca Freed

Journal of Health Care Law and Policy

No abstract provided.

Social Truths In The Workplace: How Adversarialism Undermines Discrimination Litigation, Catherine Ross Dunham

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

No abstract provided.

Cic Services, Llc V. Internal Revenue Service: An Unlikely Win For Low-Income Taxpayers, Fasika Z. Delessa

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

No abstract provided.

Environmental Enforceability, Seema Kakade

Faculty Scholarship

There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so, it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …

Anonymous Companies, William J. Moon

Faculty Scholarship

Hardly a day goes by without hearing about nefarious activities facilitated by anonymous “shell” companies. Often described as menaces to the financial system, the creation of business entities with no real operations in sun-drenched offshore jurisdictions offering “zero percent” tax rates remains in vogue among business titans, pop stars, multimillionaires, and royals. The trending headlines and academic accounts, however, have paid insufficient attention to the legal uses of anonymous companies that are both ubiquitous and almost infinite in their variations.

This Article identifies privacy as a functional feature of modern business entities by documenting the hidden virtues of anonymous companies—business …

Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt

Faculty Scholarship

There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …

When Not To Ask: A Defense Of Choice-Masking Nudges In Medical Research, Susanna Mcgrew, Sarah Raskoff, Benjamin E. Berkman

Journal of Health Care Law and Policy

No abstract provided.

Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.

Resistance And Resilience: Antibiotic Tracking To Thwart Antimicrobial Resistance, Jordan M. Fisher

Journal of Health Care Law and Policy

No abstract provided.

The Regulation Of Lab-Grown Meat Under Existing Jurisdictional Authority, Kate Sollee

Journal of Health Care Law and Policy

No abstract provided.

Atkins V. Parker: Maximizing Treatments In A "Cruel World" Of Limited Resources Or Minimizing Constitutional Rights, Emily Mcgowan

Journal of Health Care Law and Policy

No abstract provided.

Embedding Open Banking In Banking Law: Responsibilities, Performance, Risk And Trust, Scott Farrell

Journal of Business & Technology Law

No abstract provided.

Newsletter, Winter 2022

Newsletter

No abstract provided.

Don’T Let The Digital Tail Wag The Transformation Dog: A Digital Transformation Roadmap For Corporate Counsel, Michele Destefano, Bjarne P. Tellmann, Daniel Wu

Journal of Business & Technology Law

No abstract provided.

Rear Window: The Future Of Hollywood Contracting In The Streaming Age, Miller Friedman

Journal of Business & Technology Law

No abstract provided.

Obstacles To Successful Introduction Of A U.S. Central Bank Digital Currency, Nicholas P. Mack

Journal of Business & Technology Law

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

Pretrial Disparity And The Consequences Of Money Bail, Miguel F.P. De Figueiredo, Dane Thorley

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

How Public Pension Plans Have Shaped Private Equity, William W. Clayton

Maryland Law Review

No abstract provided.

Using Contract Law To Resolve Frozen Pre-Embryo Disputes, Allyson Wade

Maryland Law Review

No abstract provided.

Contact Tracing Cell Phone Apps And Wearable Devices: The Fourth Amendment Issues Confronting Public Employers, Marc Chase Mcallister

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.