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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 1858

Full-Text Articles in Law

Abortion-Related Disclosures And How The Maryland General Assembly Can Institute A Novel And Innovative Pregnancy Disclosure, Mary L. Scott Jul 2019

Abortion-Related Disclosures And How The Maryland General Assembly Can Institute A Novel And Innovative Pregnancy Disclosure, Mary L. Scott

Maryland Law Review Online

No abstract provided.


Automated License Plate Readers: The Difficult Balance Of Solving Crime And Protecting Individual Privacy, Lauren Fash Jun 2019

Automated License Plate Readers: The Difficult Balance Of Solving Crime And Protecting Individual Privacy, Lauren Fash

Maryland Law Review Online

No abstract provided.


Maryland Makes New Evidence Postconviction Review Provisions Available To Defendants With Plea Deals, Felicia Langel Jun 2019

Maryland Makes New Evidence Postconviction Review Provisions Available To Defendants With Plea Deals, Felicia Langel

Maryland Law Review Online

No abstract provided.


What A Long Strange Trip It’S Been For The 3.8% Net Investment Income Tax, Ausher M.B. Kofsky, Bryan P. Schmutz May 2019

What A Long Strange Trip It’S Been For The 3.8% Net Investment Income Tax, Ausher M.B. Kofsky, Bryan P. Schmutz

Maryland Law Review Online

No abstract provided.


Business Law Bulletin, Spring 2019 Apr 2019

Business Law Bulletin, Spring 2019

Business Law Bulletin

No abstract provided.


Law & Health Care Newsletter, Spring 2019 Apr 2019

Law & Health Care Newsletter, Spring 2019

Law & Health Care Newsletter

No abstract provided.


Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale Jan 2019

Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale

Faculty Scholarship

Though artificial intelligence (AI) in healthcare and education now accomplishes diverse tasks, there are two features that tend to unite the information processing behind efforts to substitute it for professionals in these fields: reductionism and functionalism. True believers in substitutive automation tend to model work in human services by reducing the professional role to a set of behaviors initiated by some stimulus, which are intended to accomplish some predetermined goal, or maximize some measure of well-being. However, true professional judgment hinges on a way of knowing the world that is at odds with the epistemology of substitutive automation. Instead of ...


Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford Jan 2019

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford

Faculty Scholarship

No abstract provided.


Regulating Offshore Finance, William J. Moon Jan 2019

Regulating Offshore Finance, William J. Moon

Faculty Scholarship

From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.

While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the ...


Final Report And Collaborative Action Plan, Maryland Commission On The School-To-Prison Pipeline And Restorative Practices Dec 2018

Final Report And Collaborative Action Plan, Maryland Commission On The School-To-Prison Pipeline And Restorative Practices

C-DRUM Publications

Report to the Maryland Governor and General Assembly Pursuant to House Bill 1287 (2017).


C-Drum News, Fall 2018 Oct 2018

C-Drum News, Fall 2018

The C-DRUM News

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2018 Oct 2018

Mid-Atlantic Ethics Committee Newsletter, Fall 2018

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


What's The Big Hurry? The Urgency Of Data Breach Notification, Ellen Cornelius Oct 2018

What's The Big Hurry? The Urgency Of Data Breach Notification, Ellen Cornelius

Homeland Security Publications

No abstract provided.


Law & Health Care Newsletter, Fall 2018 Oct 2018

Law & Health Care Newsletter, Fall 2018

Law & Health Care Newsletter

No abstract provided.


The Security Court, Matt Steilen Sep 2018

The Security Court, Matt Steilen

Maryland Law Review Online

The Supreme Court is concerned not only with the limits of our government’s power to protect us, but also with how it protects us. Government can protect us by passing laws that grant powers to its agencies or by conferring discretion on the officers in those agencies. Security by law is preferable to the extent that it promotes rule of law values—certainty, predictability, uniformity, and so on—but, security by discretion is preferable to the extent that it gives government the room it needs to meet threats in whatever form they present themselves. Drawing a line between security ...


Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith Sep 2018

Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith

Faculty Scholarship

From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the ...


Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney Jul 2018

Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney

Faculty Scholarship

United States immigration courts that decide asylum cases are situated within the Justice Department – a law enforcement agency deeply invested in enforcing border control – and are subordinate to the Attorney General, the nation’s politically appointed chief law enforcement officer. This institutional subjugation of immigration judges and the Board of Immigration Appeals challenges the system’s integrity and leaves people seeking protection promised by international treaty to the whims of an enforcement agency. Courts exacerbate the problem when they give Chevron deference to those Justice Department decisions rather than reviewing them rigorously. Given the prosecutorial nature of the Justice Department ...


Law & Health Care Newsletter, Summer 2018 Jul 2018

Law & Health Care Newsletter, Summer 2018

Law & Health Care Newsletter

No abstract provided.


Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir May 2018

Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir

Maryland Law Review Online

No abstract provided.


Kokesh V. Sec: The Supreme Court Redefines An Effective Securities Enforcement Tool, Conor Daly May 2018

Kokesh V. Sec: The Supreme Court Redefines An Effective Securities Enforcement Tool, Conor Daly

Maryland Law Review Online

No abstract provided.


Business Law Bulletin, Spring 2018 Apr 2018

Business Law Bulletin, Spring 2018

Business Law Bulletin

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2018 Apr 2018

Mid-Atlantic Ethics Committee Newsletter, Spring 2018

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Covariant Risk And Nutrient Credit Training, Brian Sawers Feb 2018

Covariant Risk And Nutrient Credit Training, Brian Sawers

Maryland Law Review Online

Every summer, a dead zone is created in the Chesapeake Bay. The dead zone is created by too much of a good thing: nutrients, especially nitrogen and phosphorus. The largest source of excess nutrients in the Chesapeake is agriculture; manure and artificial fertilizers are washed into streams that eventually reach the bay. In the bay, nitrogen and phosphorus create an algae bloom, which consumes all the dissolved oxygen. Some fish escape, but other creatures expire in this dead sea within the Chesapeake Bay.

To reduce the excess nutrients reaching the bay, several states are experimenting with nutrient credit trading. A ...


Digging Into Democracy: Reflections On Ced And Social Change Lawyering After #Ows, Barbara Bezdek Feb 2018

Digging Into Democracy: Reflections On Ced And Social Change Lawyering After #Ows, Barbara Bezdek

Maryland Law Review Online

No abstract provided.


Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy Jan 2018

Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Maryland's New Remedy For Wage Theft, Martha M. Ertman, Doris N. Weil Jan 2018

Maryland's New Remedy For Wage Theft, Martha M. Ertman, Doris N. Weil

Faculty Scholarship

No abstract provided.


New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale Jan 2018

New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell Jan 2018

Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell

Faculty Scholarship

No abstract provided.


A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale Jan 2018

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival Jan 2018

Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival

Faculty Scholarship

No abstract provided.