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Full-Text Articles in Law
A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson
Faculty Scholarship
The U.S. Supreme Court in Citizens United v Federal Elections Commission declared unconstitutional under the First Amendment right to freedom of speech federal statutory limitations on corporate political expenditures. Before Citizens United, Maryland was already among the 26 states that permitted corporations to make direct political contributions and to make independent political expenditures. Consequently, Citizens United did not change Maryland election law and practice. The Maryland General Assembly has steadfastly resisted efforts to change the Maryland approach. Over the past several years, the General Assembly has repeatedly rejected bills that would have banned political contributions by business entities. Many in …
Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings
Can An Ethical Person Be An Ethical Prosecutor? A Social Cognitive Approach To Systemic Reform, Lawton P. Cummings
Faculty Scholarship
This Article argues that certain key structural factors within the prosecutorial system in the United States lead to prosecutorial misconduct by systematically encouraging 'moral disengagement' in prosecutors. 'Moral disengagement' refers to the social cognition theory developed by Albert Bandura and others, which identifies the mechanisms that operate to disengage an individual’s moral self-sanctions that would otherwise inhibit the individual from engaging in injurious conduct. Empirical studies have shown that a person’s level of moral disengagement, as a dispositional trait, is an accurate predictor of the person’s level of aggression and anti-social behavior, and that an individual’s level of moral disengagement …
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard
Faculty Scholarship
This essay addresses the continued and dramatic increase in the numbers of individuals released from correctional institutions and returning to communities across the United States. It provides a brief history of the collateral consequences of criminal convictions, and the ways in which these consequences impede productive reentry. It then highlights national and state efforts to address to persistent reentry obstacles and to better understand the range and scope of collateral consequences. It concludes by offering suggestions for reform.
A Tale Told By A President, Mark A. Graber
A Tale Told By A President, Mark A. Graber
Faculty Scholarship
Part I of this essay makes the case for symbolic politics. Presidents often have political reasons for subjecting courts to mere words. Part II makes the case for constitutional hardball.