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University of Maryland Francis King Carey School of Law

2023

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Articles 1 - 30 of 55

Full-Text Articles in Law

Brief Of Amicus Curiae Tax Professors In Support Of Respondent In Moore V. United States, Donald B. Tobin, Ellen P. Aprill Oct 2023

Brief Of Amicus Curiae Tax Professors In Support Of Respondent In Moore V. United States, Donald B. Tobin, Ellen P. Aprill

Faculty Scholarship

Petitioners in Moore v. United States have argued to the Supreme Court that the word “incomes” in the Sixteenth Amendment authorizes only the taxation of “realized” income. Thus, they assert, a repatriation tax (referred to as MRT) in the Tax Cuts and Jobs Act is invalid because it taxes unrealized gains. While other briefs in the case explain that, as properly understood, the tax at issue taxes only realized gains, this brief counters the petitioners’ Sixteenth Amendment argument. It explains that economists, accountants, and lawyers in the early twentieth century all defined income in broad terms, embracing the definition of …


Mid-Atlantic Ethics Committee Newsletter, Fall 2023 Oct 2023

Mid-Atlantic Ethics Committee Newsletter, Fall 2023

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Center For Health & Homeland Security Newsletter, Spring 2023 Apr 2023

Center For Health & Homeland Security Newsletter, Spring 2023

Newsletter

No abstract provided.


The Unfinished Masterpiece: Compulsion And The Evolving Jurisprudence Over Free Speech, Jonathan Turley Jan 2023

The Unfinished Masterpiece: Compulsion And The Evolving Jurisprudence Over Free Speech, Jonathan Turley

Maryland Law Review

No abstract provided.


Guilty Minds, Michael Serota Jan 2023

Guilty Minds, Michael Serota

Maryland Law Review

No abstract provided.


“I Shall Not Forget Or Entirely Forsake Politics On The Bench”: Abraham Lincoln, Dred Scott, And The Political Culture Of The Judiciary In The 1850s, Rachel A. Shelden Jan 2023

“I Shall Not Forget Or Entirely Forsake Politics On The Bench”: Abraham Lincoln, Dred Scott, And The Political Culture Of The Judiciary In The 1850s, Rachel A. Shelden

Maryland Law Review

No abstract provided.


Douglass, Lincoln, And Douglas Before Dred Scott: A Few Thoughts On Freedom, Equality, And Affirmative Action, Henry L. Chambers, Jr. Jan 2023

Douglass, Lincoln, And Douglas Before Dred Scott: A Few Thoughts On Freedom, Equality, And Affirmative Action, Henry L. Chambers, Jr.

Maryland Law Review

No abstract provided.


Reimagining A U.S. Corporate Tax Increase As A Supplemental Subtraction Vat, Daniel S. Goldberg Jan 2023

Reimagining A U.S. Corporate Tax Increase As A Supplemental Subtraction Vat, Daniel S. Goldberg

Faculty Scholarship

The U.S. federal government raises tax revenue almost exclusively through income taxes, both corporate and individual, whereas its trading partners and competitors rely for their national revenue on both income taxes and “destination-based” value added taxes (VATs), which are not imposed on exports but are imposed on imports. As a result, U.S. corporations, which are subject to U.S. corporate income tax, may be at a serious trade disadvantage to competitor non-U.S. corporations with respect to both U.S. domestic sales and foreign sales, if the U.S. corporate income tax exceeds the foreign country’s income tax imposed on those competitors.

The Biden …


Precedent, Reliance, And Morality At The End Of Roe V. Wade, Max Stearns Jan 2023

Precedent, Reliance, And Morality At The End Of Roe V. Wade, Max Stearns

Maryland Law Review Online

No abstract provided.


Agendia, Inc. V. Becerra: Imposing A Dangerous Assumption Of Unworthiness To Local Coverage Determination, Yifan Wang Jan 2023

Agendia, Inc. V. Becerra: Imposing A Dangerous Assumption Of Unworthiness To Local Coverage Determination, Yifan Wang

Journal of Health Care Law and Policy

No abstract provided.


Against Silence: Why Doctors Are Obligated To Provide Abortion Information, Michelle Oberman Jan 2023

Against Silence: Why Doctors Are Obligated To Provide Abortion Information, Michelle Oberman

Journal of Health Care Law and Policy

No abstract provided.


Revamping Part 2: An Analysis Of Revisions To The Federal Substance Use Disorder Treatment Confidentiality Regulations, Michelle Rackish Jan 2023

Revamping Part 2: An Analysis Of Revisions To The Federal Substance Use Disorder Treatment Confidentiality Regulations, Michelle Rackish

Journal of Health Care Law and Policy

No abstract provided.


A Phoenix From The Ashes: Reproductive Justice In A World Without Roe, Kimberly Mutcherson Jan 2023

A Phoenix From The Ashes: Reproductive Justice In A World Without Roe, Kimberly Mutcherson

Journal of Health Care Law and Policy

No abstract provided.


Situating Dobbs, Paula A. Monopoli Jan 2023

Situating Dobbs, Paula A. Monopoli

Faculty Scholarship

The recent decision in Dobbs v. Jackson Women’s Health has been characterized as an outlier because its effect is to erase a previously recognized constitutional right. This paper situates Dobbs in a broader feminist constitutional history. It asks if this retrenchment is really such a unique turn in American jurisprudence when it comes to protections or “rights” that matter most to women’s lived experience. The paper argues that if one opens the aperture of constitutional history to embrace a more capacious view of rights, those afforded to women have often been eroded or erased by state legislatures, Congress, and courts. …


Environmental Evidence, Seema Kakade Jan 2023

Environmental Evidence, Seema Kakade

Faculty Scholarship

The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including, criminal policing, housing, and health care. After all, the people with on the ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as non-experts with little valuable knowledge. This Article explores the lived experience with …


Federalism And The Right To Travel: Medical Aid In Dying And Abortion, Leslie Francis, John Francis Jan 2023

Federalism And The Right To Travel: Medical Aid In Dying And Abortion, Leslie Francis, John Francis

Journal of Health Care Law and Policy

No abstract provided.


Preventing Eviction And Housing Loss: Taking Advantage Of A One Health Approach And The Human-Companion Animal Bond, Andrea Uhlig, William Bellamy, Megan Amos, Donna Bernstein, Jennifer Brause, Erin Morin, Anne Corrigan, Frank Curriero, Paul Locke Jan 2023

Preventing Eviction And Housing Loss: Taking Advantage Of A One Health Approach And The Human-Companion Animal Bond, Andrea Uhlig, William Bellamy, Megan Amos, Donna Bernstein, Jennifer Brause, Erin Morin, Anne Corrigan, Frank Curriero, Paul Locke

Journal of Health Care Law and Policy

No abstract provided.


If A Social Media Platform Was An Intersection, Should Contract Law Or Free Speech Have The Right-Of-Way With Respect To User Content?, Jason R. Hildebrand Jan 2023

If A Social Media Platform Was An Intersection, Should Contract Law Or Free Speech Have The Right-Of-Way With Respect To User Content?, Jason R. Hildebrand

Journal of Business & Technology Law

No abstract provided.


High Time For Change: How Federal Cannabis Prohibition Dooms The Legal Cannabis Industry, Abraham Kruger Jan 2023

High Time For Change: How Federal Cannabis Prohibition Dooms The Legal Cannabis Industry, Abraham Kruger

Journal of Business & Technology Law

No abstract provided.


Table Of Contents Jan 2023

Table Of Contents

Journal of Health Care Law and Policy

No abstract provided.


Dobbs, Abortion Laws, And In Vitro Fertilization, Kerry Lynn Macintosh Jan 2023

Dobbs, Abortion Laws, And In Vitro Fertilization, Kerry Lynn Macintosh

Journal of Health Care Law and Policy

No abstract provided.


The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks Jan 2023

The New Normal: Regulatory Dysfunction As Policymaking, Ming Hsu Chen, Daimeon Shanks

Maryland Law Review

No abstract provided.


The Democratic Imperative To Make Margins Matter, Daniel Wodak Jan 2023

The Democratic Imperative To Make Margins Matter, Daniel Wodak

Maryland Law Review

No abstract provided.


West Virginia V. Epa: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday Jan 2023

West Virginia V. Epa: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday

Maryland Law Review

No abstract provided.


Table Of Contents Jan 2023

Table Of Contents

Maryland Law Review

No abstract provided.


Kennedy V. Bremerton School District: Throwing A Red Flag For The Public-Employee Speech Arena To Challenge The Court’S Hail Mary, Isabella Henry Jan 2023

Kennedy V. Bremerton School District: Throwing A Red Flag For The Public-Employee Speech Arena To Challenge The Court’S Hail Mary, Isabella Henry

Maryland Law Review

No abstract provided.


State V. Matthews: Maryland Fails To Measure Up To Its New Expert Testimony Standard, Thomas Kiley Jan 2023

State V. Matthews: Maryland Fails To Measure Up To Its New Expert Testimony Standard, Thomas Kiley

Maryland Law Review

No abstract provided.


Who Are The True Heirs Of Lincoln And Douglas?, Rogers M. Smith Jan 2023

Who Are The True Heirs Of Lincoln And Douglas?, Rogers M. Smith

Maryland Law Review

No abstract provided.


Frederick Douglass As Constitutionalist, Jack M. Balkin, Sanford Levinson Jan 2023

Frederick Douglass As Constitutionalist, Jack M. Balkin, Sanford Levinson

Maryland Law Review

No abstract provided.


Lincoln, Douglass, Fugitive Slave Law, And Constitutional Evil, Robinson Woodward-Burns Jan 2023

Lincoln, Douglass, Fugitive Slave Law, And Constitutional Evil, Robinson Woodward-Burns

Maryland Law Review

No abstract provided.