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Articles 1 - 28 of 28
Full-Text Articles in Law
Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein
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
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 …
Debunking The Myths Surrounding Student Scholarly Writing, Kristina V. Foehrkolb, Marc A. Desimone Jr.
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 …
The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy
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
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck
Maryland Law Review
No abstract provided.
The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
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
In Memoriam: Katherine Vaughns, Taunya Lovell Banks, The Honorable Judith Ford, Emma Coleman Jordan, Karen H. Rothenberg
Maryland Law Review
No abstract provided.
Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo
Masculinity & Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy Chi Cantalupo
Maryland Law Review
No abstract provided.
Deference, Chenery, And Foia, Margaret B. Kwoka
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
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
Kaley V. United States: Sanctifying Grand Jury Determinations And Marginalizing The Right To Counsel Of Choice, Laura Merkey
Maryland Law Review
No abstract provided.
Maryland V. King: Sacrificing The Fourth Amendment To Build Up The Dna Database, Stephanie B. Noronha
Maryland V. King: Sacrificing The Fourth Amendment To Build Up The Dna Database, Stephanie B. Noronha
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
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.
Redesigning The Science Court, Justin Sevier
Redesigning The Science Court, Justin Sevier
Maryland Law Review
No abstract provided.
Jerry Deise, The Honorable Paul W. Grimm, Alan D. Hornstein, Michael Pinard, Stuart M. Salsbury
Jerry Deise, The Honorable Paul W. Grimm, Alan D. Hornstein, Michael Pinard, Stuart M. Salsbury
Maryland Law Review
No abstract provided.
Remedies Unified In Nine Verses, Caprice L. Roberts
Remedies Unified In Nine Verses, Caprice L. Roberts
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
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
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
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Maryland Law Review
No abstract provided.
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
Maryland Law Review
No abstract provided.
In Memoriam: Abraham Dash, Donald G. Gifford, Karen H. Rothenberg, Jana B. Singer
In Memoriam: Abraham Dash, Donald G. Gifford, Karen H. Rothenberg, Jana B. Singer
Maryland Law Review
No abstract provided.
Bailey V. United States: Drawing An Exception In The Context Of Off-Premises Detentions Incident To Search Warrants, Christopher Chaulk
Bailey V. United States: Drawing An Exception In The Context Of Off-Premises Detentions Incident To Search Warrants, Christopher Chaulk
Maryland Law Review
No abstract provided.
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
Maryland Law Review
No abstract provided.
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Maryland Law Review
No abstract provided.
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal
Preserving Preservation: Long Green Valley Association, Conservation Easements, And Charitable Trust Doctrine, Alyssa J. Domzal
Maryland Law Review
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Maryland Law Review
No abstract provided.