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Articles 1 - 30 of 55
Full-Text Articles in Law
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 …
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 …
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.
Redesigning The Science Court, Justin Sevier
Redesigning The Science Court, Justin Sevier
Maryland Law Review
No abstract provided.
Locality V. Online Travel Company: Does The Bell Finally Toll For Quill Corp. V. North Dakota, Jaan Rannik
Locality V. Online Travel Company: Does The Bell Finally Toll For Quill Corp. V. North Dakota, Jaan Rannik
Journal of Business & Technology Law
No abstract provided.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford
Mind The Gap: Basic Health Along The Aca’S Coverage Continuum, Sallie Thieme Sanford
Journal of Health Care Law and Policy
No abstract provided.
Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer
Aligning Incentives In Accountable Care Organizations: The Role Of Medical Malpractice Reform, Laura D. Hermer
Journal of Health Care Law and Policy
No abstract provided.
The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee
The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee
Maryland Series in Contemporary Asian Studies
No abstract provided.
Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark
Getting People To Make The Right Choice Under The Aca: The Most Important “Sales Pitch” Of Obama’S Presidency, Brietta R. Clark
Journal of Health Care Law and Policy
No abstract provided.
The Medicaid Gamble, Ann Marie Marciarille
The Medicaid Gamble, Ann Marie Marciarille
Journal of Health Care Law and Policy
No abstract provided.
Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart
Two Years Later And Counting: The Implications Of The Supreme Court’S Taxing Power Decision On The Goals Of The Affordable Care Act, Alberto R. Gonzales, Donald B. Stuart
Journal of Health Care Law and Policy
No abstract provided.
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Journal of Business & Technology Law
No abstract provided.
Unions And Democracy: When Do Nonmembers Have Voting Rights?, Melanie Stallings Williams, Dennis A. Halcoussis
Unions And Democracy: When Do Nonmembers Have Voting Rights?, Melanie Stallings Williams, Dennis A. Halcoussis
Journal of Business & Technology Law
No abstract provided.
Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan
Journal of Business & Technology Law
No abstract provided.
Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric
Journal of Business & Technology Law
No abstract provided.
Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon
Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon
Journal of Business & Technology Law
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
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.
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
Journal of Business & Technology Law
No abstract provided.
The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland
The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland
Journal of Business & Technology Law
No abstract provided.
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte
Journal of Business & Technology Law
No abstract provided.
Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle
Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle
Journal of Business & Technology Law
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
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
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.
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Journal of Business & Technology Law
No abstract provided.
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
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.
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.