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Full-Text Articles in Law

Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga Jan 2020

Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga

Maryland Law Review

No abstract provided.


Overbey V. Mayor Of Baltimore: The Cost Of Silence And The Impact Of Restricting Speech In Police Brutality Settlements, Delaney E. Anderson Jan 2020

Overbey V. Mayor Of Baltimore: The Cost Of Silence And The Impact Of Restricting Speech In Police Brutality Settlements, Delaney E. Anderson

Maryland Law Review

No abstract provided.


Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll Jan 2020

Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll

Maryland Law Review

No abstract provided.


Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman Aug 2019

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Maryland Law Review

No abstract provided.


The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog Aug 2019

The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog

Maryland Law Review

No abstract provided.


Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri Aug 2019

Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri

Maryland Law Review

From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their “right of publicity”—a state-law tort that prohibits the unauthorized use of a person’s name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. But …


A Jewish And (Declining) Democratic State? Constitutional Retrogression In Israel, Nadiv Mordechay, Yaniv Roznai Nov 2017

A Jewish And (Declining) Democratic State? Constitutional Retrogression In Israel, Nadiv Mordechay, Yaniv Roznai

Maryland Law Review

This Article describes and analyzes an increasing trend of contemporary democratic hybridization and constitutional retrogression in Israel. We seek to reconstruct the Israeli case as a state of affairs where a strong leadership, coupled with rising political elites, are leading to a wide-ranging political risk to the constitutional liberal-democracy, to an erosion of its democratic institutions, and to an incremental democratic backslide.

This Article contributes to the evolving recent literature in comparative constitutional law on the constitutional implications of democratic retrogression by characterizing the Israeli case as one that might be categorized as constitutional retrogression. This, as we argue, carries …


Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best May 2016

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.


The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety Jan 2016

The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety

Journal of Business & Technology Law

No abstract provided.


Campus Safety V. Freedom Of Speech: An Evaluation Of University Responses To Problematic Speech On Anonymous Social Media, Susan Dumont Jan 2016

Campus Safety V. Freedom Of Speech: An Evaluation Of University Responses To Problematic Speech On Anonymous Social Media, Susan Dumont

Journal of Business & Technology Law

No abstract provided.


Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr Dec 2015

Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr

Maryland Law Review

No abstract provided.


Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr. Dec 2015

Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.

Maryland Law Review

No abstract provided.


The Lingering Bigotry Of State Constitution Religious Tests, Allan W. Vestal Jan 2015

The Lingering Bigotry Of State Constitution Religious Tests, Allan W. Vestal

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

No abstract provided.


Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen Jan 2014

Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen

Journal of Business & Technology Law

No abstract provided.


Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide Jan 2014

Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide

Journal of Business & Technology Law

No abstract provided.


Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby Jan 2014

Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby

Journal of Business & Technology Law

No abstract provided.


Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski Jan 2014

Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski

Maryland Law Review

No abstract provided.


Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher Jan 2013

Brown V. Entertainment Merchants Association: "Modern Warfare" On First Amendment Protection Of Violent Video Games, Jessica Fisher

Journal of Business & Technology Law

No abstract provided.


Lefemine V. Wideman: Entrenching Judicial Confusion And Beckoning A More Streamlined Analysis Of First Amendment Violations In The Anti-Abortion Protest Context, Blake Lauren Walsh Jan 2013

Lefemine V. Wideman: Entrenching Judicial Confusion And Beckoning A More Streamlined Analysis Of First Amendment Violations In The Anti-Abortion Protest Context, Blake Lauren Walsh

Maryland Law Review

No abstract provided.


Educational Media Company At Virginia Tech, Inc. V. Swecker: First Amendment Lite Waters Down Commercial Speech Protection, Justin A. Redd Jan 2012

Educational Media Company At Virginia Tech, Inc. V. Swecker: First Amendment Lite Waters Down Commercial Speech Protection, Justin A. Redd

Journal of Business & Technology Law

No abstract provided.


Building Picket Fences: Maryland’S Funeral Picketing Law After Snyder V. Phelps, Michael Bakhama Jan 2012

Building Picket Fences: Maryland’S Funeral Picketing Law After Snyder V. Phelps, Michael Bakhama

Maryland Law Review

No abstract provided.


Foia And The First Amendment: Representative Democracy And The People's Elusive "Right To Know", Barry Sullivan Jan 2012

Foia And The First Amendment: Representative Democracy And The People's Elusive "Right To Know", Barry Sullivan

Maryland Law Review

No abstract provided.


The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff Jan 2009

The Dueling First Amendments: Government As Funder, As Speaker, And The Establishment Clause, Carol Nackenoff

Maryland Law Review

No abstract provided.


Symposium - The Maryland Constitutional Law Schmooze - Foreword: Our Paradoxical Religion Clauses, Mark A. Graber Jan 2009

Symposium - The Maryland Constitutional Law Schmooze - Foreword: Our Paradoxical Religion Clauses, Mark A. Graber

Maryland Law Review

No abstract provided.


Is There A Paradox In Amending A Sacred Text?, Beau Breslin Jan 2009

Is There A Paradox In Amending A Sacred Text?, Beau Breslin

Maryland Law Review

No abstract provided.


Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine Jan 2009

Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine

Maryland Law Review

No abstract provided.


Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr. Jan 2009

Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr.

Maryland Law Review

No abstract provided.


The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton Jan 2009

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

Maryland Law Review

No abstract provided.


Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks Jan 2009

Atmospheric Harms In Constitutional Law, Frederick Mark Gedicks

Maryland Law Review

No abstract provided.


Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David Gray Jan 2009

Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David Gray

Maryland Law Review

No abstract provided.