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Articles 1 - 26 of 26
Full-Text Articles in Law
Final Report And Collaborative Action Plan, Maryland Commission On The School-To-Prison Pipeline And Restorative Practices
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).
Law & Health Care Newsletter, Fall 2018
Law & Health Care Newsletter, Fall 2018
Law & Health Care Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 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
What's The Big Hurry? The Urgency Of Data Breach Notification, Ellen Cornelius
Homeland Security Publications
No abstract provided.
The Security Court, Matt Steilen
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 by law and …
Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith
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 jury …
Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney
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
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
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
Kokesh V. Sec: The Supreme Court Redefines An Effective Securities Enforcement Tool, Conor Daly
Maryland Law Review Online
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Spring 2018
Mid-Atlantic Ethics Committee Newsletter, Spring 2018
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Business Law Bulletin, Spring 2018
Covariant Risk And Nutrient Credit Training, Brian Sawers
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
Digging Into Democracy: Reflections On Ced And Social Change Lawyering After #Ows, Barbara Bezdek
Maryland Law Review Online
No abstract provided.
Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli
Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Structured Settlement Sales And Lead-Poisoned Sellers: Just Say No, Karen Czapanskiy
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
Maryland's New Remedy For Wage Theft, Martha M. Ertman, Doris N. Weil
Faculty Scholarship
No abstract provided.
Sexual Privacy, Danielle Keats Citron
Sexual Privacy, Danielle Keats Citron
Faculty Scholarship
Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …
Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell
Prediction, Persuasion, And The Jurisprudence Of Behaviorism, Frank A. Pasquale, Glyn Cashwell
Faculty Scholarship
No abstract provided.
Disclaiming Property, Michael Pappas
Disclaiming Property, Michael Pappas
Faculty Scholarship
Can Congress pick and choose when it must follow the Constitution? One would expect not, and yet the Supreme Court has allowed it to do so. In multiple statutory programs, Congress has disclaimed constitutional property protections for valuable interests that otherwise serve as property. The result is billions of dollars’ worth of “disclaimed property” that can be bought, sold, mortgaged, or leased, but that can also be revoked at any moment without due process or just compensation.
Disclaimed property already represents a great source of value, and property disclaimers are at the core of major recent policies ranging from natural …
A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale
A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks
Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks
Faculty Scholarship
One byproduct of increased interracial marriages post Loving is a growing number of multiracial children. This cohort of multiracials tends to overshadow older and larger generations of multiracial people whose genealogical mixture is more distant. Some interracial couples, their multiracial children and others support a multiracial category on the U.S. Census. Proponents argued that multiracial individuals experience a unique type of discrimination that warrants treating them as a separate racial category. This article concedes that multiracial individuals should enjoy the freedom to self-identify as they wish, and like others, be protected by anti-discrimination law. It concludes, however, that current arguments …
Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival
Polar Opposites: Assessing The State Of Enviromental Law In The World's Polar Regions, Mark P. Nevitt, Robert Percival
Faculty Scholarship
No abstract provided.
New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale
New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Tax Havens As Producers Of Corporate Law, William J. Moon
Tax Havens As Producers Of Corporate Law, William J. Moon
Faculty Scholarship
This Review Essay situates Christopher Bruner’s new book, Re-imagining Offshore Finance, within the literature examining the regulation of cross-border finance and highlights its import for thinking about the complicated (and contested) relationship between territorially-configured domestic laws and the increasingly liberal movement of capital. Part I sets out the book’s central thesis. In addition to highlighting Bruner’s novel framework identifying the factors that propel certain small jurisdictions into becoming magnets for cross-border finance, I outline the limits of the framework in accounting for the stability in the overall demand for the commercialization of sovereignty, only one of which is facilitating …