Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (6)
- Law and Society (6)
- Land Use Law (5)
- Internet Law (4)
- Law and Economics (3)
-
- Legal Education (3)
- Property Law and Real Estate (3)
- Agriculture Law (2)
- Banking and Finance Law (2)
- Business Organizations Law (2)
- Consumer Protection Law (2)
- Criminal Law (2)
- International Law (2)
- Judges (2)
- Law and Gender (2)
- Legal Profession (2)
- Natural Resources Law (2)
- Bankruptcy Law (1)
- Civil Law (1)
- Environmental Law (1)
- Family Law (1)
- First Amendment (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- International Trade Law (1)
- Labor and Employment Law (1)
- Legal Writing and Research (1)
- Tax Law (1)
- Keyword
-
- Fifth Amendment (4)
- Maryland Law Review (2)
- Seventy-fifth anniversary (2)
- Takings Clause (2)
- Takings clause (2)
-
- Affirmative defenses (1)
- Agriculture (1)
- Arbitration waivers (1)
- Baltimore (1)
- Birth records (1)
- Business law (1)
- Child custody (1)
- Citizenship (1)
- Class actions (1)
- Climate change (1)
- Climate exactions (1)
- College campus sexual assault (1)
- Connectivity (1)
- Credit card security (1)
- Cross-retaliation (1)
- Cyber harassment (1)
- Data networks security (1)
- Debtors' prisons (1)
- Development (1)
- Due process (1)
- Economic crisis (1)
- Eminent domain (1)
- Fair labor practices (1)
- Federal bailout (1)
- Fifth Amendment takings (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch
A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch
Maryland Law Review
No abstract provided.
Nonmarriage, June Carbone, Naomi Cahn
Nonmarriage, June Carbone, Naomi Cahn
Maryland Law Review
Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …
The Influence Of Exile, Sara K. Rankin
The Influence Of Exile, Sara K. Rankin
Maryland Law Review
Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Maryland Law Review
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …
Singled Out, Michael Pappas
Singled Out, Michael Pappas
Maryland Law Review
David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?
Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.
However, courts and scholars have yet to critically examine the concept of singling-out, and …
A Proud Maryland Law Review Alumnus Looks Back, Richard D. Bennett
A Proud Maryland Law Review Alumnus Looks Back, Richard D. Bennett
Maryland Law Review
No abstract provided.
A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds
A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds
Maryland Law Review
No abstract provided.
Celebrating Seventy-Five Years Of Maryland Law Review: A Tribute In Photographs
Celebrating Seventy-Five Years Of Maryland Law Review: A Tribute In Photographs
Maryland Law Review
No abstract provided.
Seventy-Fifth Anniversary Tribute: The Maryland Law Review At Seventy-Five, William L. Reynolds
Seventy-Fifth Anniversary Tribute: The Maryland Law Review At Seventy-Five, William L. Reynolds
Maryland Law Review
No abstract provided.
Comptroller Of The Treasury V. Wynne: Bridging The Gap Between Strands Of Jurisprudence On State Income Taxation, Daniel Bosworth
Comptroller Of The Treasury V. Wynne: Bridging The Gap Between Strands Of Jurisprudence On State Income Taxation, Daniel Bosworth
Maryland Law Review
No abstract provided.
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Maryland Law Review
No abstract provided.
American Hospital Association V. Burwell: Correctly Choosing But Erroneously Applying Judicial Discretion In Mandamus Relief Concerning Agency Noncompliance, Michael L. Labattaglia
American Hospital Association V. Burwell: Correctly Choosing But Erroneously Applying Judicial Discretion In Mandamus Relief Concerning Agency Noncompliance, Michael L. Labattaglia
Maryland Law Review
No abstract provided.
Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck
Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck
Maryland Law Review
Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.
The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …
Glatt V. Fox Searchlight Pictures, Inc.: Moving Towards A More Flexible Approach To The Classification Of Unpaid Interns Under The Fair Labor Standards Act, Michael Pardoe
Maryland Law Review
No abstract provided.
Re-Shaming The Debate: Social Norms, Shame, And Regulation In An Internet Age, Kate Klonick
Re-Shaming The Debate: Social Norms, Shame, And Regulation In An Internet Age, Kate Klonick
Maryland Law Review
Advances in technological communication have dramatically changed the ways in which social norm enforcement is used to constrain behavior. Nowhere is this more powerfully demonstrated than through current events around online shaming and cyber harassment. Low cost, anonymous, instant, and ubiquitous access to the Internet has removed most—if not all—of the natural checks on shaming. The result is norm enforcement that is indeterminate, uncalibrated, and often tips into behavior punishable in its own right—thus generating a debate over whether the state should intervene to curb online shaming and cyber harassment.
A few years before this change in technology, a group …
Beyond Neutrality: How Zero Rating Can (Sometimes) Advance User Choice, Innovation, And Democratic Participation, Bj Ard
Maryland Law Review
Over four billion people across the globe cannot afford Internet access. Their economic disadvantages are compounded by their inability to utilize the communicative, educational, and commercial tools that most Internet users take for granted. Enter zero rating. Mobile Internet providers in the developing world now waive the data charges for services like Facebook, Wikipedia, or local job-search sites. Despite zero rating’s apparent benefits, many advocates seek to ban the practice as a violation of net neutrality.
This Article argues that zero rating is defensible by net neutrality’s own normative lights. Network neutrality is not about neutrality for its own sake, …
Climate Exactions, J. Peter Byrne, Kathryn A. Zyla
Climate Exactions, J. Peter Byrne, Kathryn A. Zyla
Maryland Law Review
No abstract provided.
The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler
The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler
Maryland Law Review
In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Maryland Law Review
No abstract provided.
A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger
A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger
Maryland Law Review
No abstract provided.
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Maryland Law Review
No abstract provided.
Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu
Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu
Maryland Law Review
No abstract provided.
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Maryland Law Review
No abstract provided.
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Maryland Law Review
During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Maryland Law Review
No abstract provided.
The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman
The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman
Maryland Law Review
No abstract provided.
The Social Enterprise Law Market, J. Haskell Murray
The Social Enterprise Law Market, J. Haskell Murray
Maryland Law Review
During the last seven years, over thirty states have passed at least one social enterprise statute. These social enterprise statutes allow the formation of a plethora of new entity types, including low-profit limited liability companies, benefit corporations, benefit limited liability companies, public benefit corporations, and social purpose corporations. Social enterprises have attracted increasing academic attention, but virtually nothing has been written on if and how states are competing for these entities. This Article attempts to fill that void, while also providing a history of the social enterprise forms, a comparative analysis, and recommendations for states that wish to engage in …