Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (9)
- International Law (5)
- Constitutional Law (4)
- Human Rights Law (4)
- International Humanitarian Law (4)
-
- Juvenile Law (4)
- Legal Education (4)
- Family Law (3)
- Law Enforcement and Corrections (3)
- Military, War, and Peace (3)
- President/Executive Department (3)
- Social Welfare Law (3)
- Antitrust and Trade Regulation (2)
- Comparative and Foreign Law (2)
- Courts (2)
- Criminal Law (2)
- Evidence (2)
- First Amendment (2)
- Intellectual Property Law (2)
- Labor and Employment Law (2)
- Legal Writing and Research (2)
- National Security Law (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
- Civil Procedure (1)
- Computer Law (1)
- Consumer Protection Law (1)
- Disability Law (1)
- Education Law (1)
- Keyword
-
- Legal methods (3)
- Supreme Court (3)
- Birth certificates (2)
- Charitable choice (2)
- Children (2)
-
- Civil liberties (2)
- Civil procedure (2)
- Comparative law (2)
- Congress (2)
- Constitution (2)
- Courts (2)
- Evidence (2)
- Family law (2)
- Free speech (2)
- Human trafficking (2)
- Legal education (2)
- Maryland law (2)
- Media (2)
- Parents (2)
- Political correctness (2)
- President (2)
- Racism (2)
- Slavery (2)
- United States (2)
- Welfare (2)
- World War II (2)
- "nation-buildling" (1)
- Abu-Ghraib (1)
- Abuse (1)
- Academics for the Second Amendment (1)
Articles 1 - 30 of 45
Full-Text Articles in Law
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
All Faculty Scholarship
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
All Faculty Scholarship
From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
All Faculty Scholarship
Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.
Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain
Fact, Fiction And Proof In The 21st Century: Evidence And Credibility For Fact Finding By Administrative Law Judges, Lynn Mclain
All Faculty Scholarship
Handout from a panel at the NAALJ Annual Conference covering credibility.
Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain
Hearsay Law: Recent Developments In Maryland And In The Supreme Court, Lynn Mclain
All Faculty Scholarship
Handout from an Anne Arundel County Bar Association CLE class concerning then-recent developments in Maryland hearsay rules.
Litigating Presidential Signing Statements, Michele E. Gilman
Litigating Presidential Signing Statements, Michele E. Gilman
All Faculty Scholarship
In response to President George W. Bush's aggressive use of presidential signing statements, several members of Congress as well as a prominent Taskforce of the American Bar Association have proposed legislation to provide for judicial review of signing statements. These critics assert that the President must veto legislation with which he disagrees, rather than use signing statements to refuse to enforce statutes that he signs into law. This article explores whether Congress can litigate presidential signing statements, concluding that they are not justiciable even if Congress enacts a law granting itself standing to raise such a challenge. Congress might be …
The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer
The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer
All Faculty Scholarship
Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral …
Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande
Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande
All Faculty Scholarship
This short piece explains how the first unit discounts or rebates allegedly given by Intel on their X86 chips could harm competition, innovation, and PC purchasers in this crucial $33 billion/year market. For these reasons, their discounts or rebates could violate European Competition law and U.S. Antitrust law.
Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
All Faculty Scholarship
This paper addresses the importance of comparative legal methods for study of comparative procedure.
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
All Faculty Scholarship
No abstract provided.
Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard
Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard
All Faculty Scholarship
This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code § 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.
Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer
Congress's Transformative Republican Revolution In 2001-2006 And The Future Of One-Party Rule, Charles Tiefer
All Faculty Scholarship
In 2001 - 2006, Republican leadership in the legislature circumvented procedural norms to implement an ideological agenda that precluded the minority party from making alternative proposals and voicing criticisms. With the Republican majority in the Senate falling to 50-50 in 2000, President Bush's assumption of office, despite having lost the popular vote, set the tone for what would become an era of illegitimate procedural reform cloaked in secrecy and deniability. Through closed-door conferences and closed-rules, Republican leadership in the House and Senate turned the clock back on civil liberties, passed unfavorable and convoluted tax cuts, and used transformed health care …
At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard
At His Discretion (N.): "To Be Disposed Of As He Thinks Fit; At His Disposal, At His Mercy; Unconditionally", J. Amy Dillard
All Faculty Scholarship
Review of ANGELA J. DAVIS, ARBITRARY JUSTICE (Oxford University Press, Inc. 2007) 264 pp.
The Press As An Interest Group: Mainstream Media In The United States Supreme Court, Eric Easton
The Press As An Interest Group: Mainstream Media In The United States Supreme Court, Eric Easton
All Faculty Scholarship
There can be little doubt that the institutional press is an interest group to be reckoned with in the Supreme Court, its aversion to such a designation notwithstanding. Over the past century, and especially since 1964, the press has secured for itself the greatest legal protection available anywhere in the world. While some of that protection has come from Congress, by far the greatest share has come from the Supreme Court's expansive interpretation of the First Amendment's Press Clause. Although the role of the press in American politics has been studied extensively for nearly two centuries, the role of the …
Rethinking School Lunch, J. Amy Dillard
The Confrontation Clause After Crawford V. Washington Montgomery County State's Attorney's Office, Lynn Mclain
The Confrontation Clause After Crawford V. Washington Montgomery County State's Attorney's Office, Lynn Mclain
All Faculty Scholarship
No abstract provided.
Some Learning Opportunities From The Imus Affair, Kenneth Lasson
Some Learning Opportunities From The Imus Affair, Kenneth Lasson
All Faculty Scholarship
The author discusses the broader issues of free speech under the surface of the Don Imus affair, where that commentator made a gratuitous slur about the Rutgers women's basketball team. He balances this gaff against the good deeds of the same personality, comparing this with similar provocative remarks made by other well-known public figures. The media is cited for an overreaction to the Imus incident, and all these components are discussed in light of what free speech means.
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes
Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes
All Faculty Scholarship
At the November 2006 symposium presented by the University of Maryland Law Journal of Race, Religion, Gender and Class, the panelists discussed various issues regarding human trafficking. One entity at the forefront of the fight against human trafficking is CASA of Maryland. This article contains remarks originally made by the author that focused the topic of human trafficking on one particular group of workers: domestic workers. That particular group provides an interesting study because of the many race and gender issues that are wrapped up in the treatment of domestic workers under the law.
Fighting Poverty With Faith: Reflections On Ten Years Of Charitable Choice, Michele E. Gilman
Fighting Poverty With Faith: Reflections On Ten Years Of Charitable Choice, Michele E. Gilman
All Faculty Scholarship
Since 1996, the federal government has undertaken major initiatives to fund religious organizations to deliver social services. These programs, called charitable choice, continue to expand and now account for over $2 billion in social welfare spending. However, charitable choice blurs the lines between church and state and is thus highly controversial. This article reflects on ten years of experience with charitable choice and assesses the impact and effectiveness of these programs. There is little empirical evidence that faith-based social services are superior to secular programs. Moreover, religious grantees, and congregations in particular, are often unable to manage large federal grants …
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele E. Gilman
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele E. Gilman
All Faculty Scholarship
This article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including the 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as do the President's executive orders. The core question the article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …
Passover And Jonathan Pollard, Kenneth Lasson
Passover And Jonathan Pollard, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner
Legal Certainty And Legal Methods: A European Alternative To American Legal Indeterminacy?, James Maxeiner
All Faculty Scholarship
Americans are resigned to a high level of legal indeterminacy. This Article shows that Europeans do not accept legal indeterminacy and instead have made legal certainty a general principle of their law. This Article uses the example of the German legal system to show how German legal methods strive to realize this general European principle. It suggests that these methods are opportunities for Americans to develop their own system to reduce legal indeterminacy and to increase legal certainty.
What's Left Standing? Feca Citizen Suits And The Battle For Judicial Review, Kimberly L. Wehle
What's Left Standing? Feca Citizen Suits And The Battle For Judicial Review, Kimberly L. Wehle
All Faculty Scholarship
This Article discusses standing to sue the FEC with two principal objectives. First, it attempts to frame the doctrinal inconsistencies between Lujan and Akins that have given rise to ongoing FECA standing litigation and concludes that the Supreme Court should acknowledge its repudiation of Lujan in cases seeking election-related information. Second, it explores the question whether courts may be statutorily required to consider citizen challenges to FEC enforcement actions as a matter of justiciability theory in the first instance, and concludes that courts should turn to the oft-overlooked Akins decision in lieu of Lujan in reviewing suits brought under citizen-suit …
Recognition Long Overdue, F. Michael Higginbotham
Recognition Long Overdue, F. Michael Higginbotham
All Faculty Scholarship
In 2007, the Tuskegee Airmen, black pilots during World War II, were awarded the Congressional Gold Medal. While individuals have been recognized for such service, this was the first time a group had been honored. This article argues that the recognition, while late, was appropriate.
After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
All Faculty Scholarship
In 1857, the Supreme Court rendered a decision in Dred Scott v. Sandford, declaring that it had no jurisdiction to hear Dred Scott's claim to freedom because he was black and, therefore, not a citizen of the United States. This article argues that not only was the decision morally reprehensible, it was also based on an erroneous interpretation of the Constitution.
Evidence Issues In Employment Cases Ali-Aba And Georgetown Cle, Lynn Mclain
Evidence Issues In Employment Cases Ali-Aba And Georgetown Cle, Lynn Mclain
All Faculty Scholarship
No abstract provided.
A Comprehensive Approach To Truancy For Baltimore City: A Roundtable Discussion, Barbara A. Babb, Gloria Danziger
A Comprehensive Approach To Truancy For Baltimore City: A Roundtable Discussion, Barbara A. Babb, Gloria Danziger
All Faculty Scholarship
The University of Baltimore School of Law Center for Families, Children and the Courts (CFCC), one of three centers of excellence within the School of Law, is a national leader in promoting family justice system reform. CFCC’s mission is to create, foster and support local, state, and national movements to integrate communities, families, and the justice system in order to improve the lives of families and the health of the community. CFCC’s Truancy Court Program (TCP), created in 2004, exemplifies these goals through the operation of a court-school-CFCC partnership that leverages the stature, authority, and expertise of each of these …
Child Support Harming Children: Subordinating The Best Interests Of Children To The Fiscal Interests Of The State, Daniel L. Hatcher
Child Support Harming Children: Subordinating The Best Interests Of Children To The Fiscal Interests Of The State, Daniel L. Hatcher
All Faculty Scholarship
This Article examines the government policy of seeking reimbursement of welfare costs through child support enforcement. Under our welfare program, Temporary Aid to Needy Families (TANF), custodial parents applying for benefits are required to establish child support obligations against the absent parents and to assign the resulting child support payments to the government. As a result, half of the $105 billion in national child support debt is owed to the government rather than to children. The government's fiscal interests are in direct conflict with the best interests of the children - the controlling legal standard in child support matters. The …
Doktrina Precedenta U Sjedinjenim AmeričKim DržAvama (The Doctrine Of Precedent In The United States Of America), Mortimer N.S. Sellers
Doktrina Precedenta U Sjedinjenim AmeričKim DržAvama (The Doctrine Of Precedent In The United States Of America), Mortimer N.S. Sellers
All Faculty Scholarship
No abstract provided.
Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson
Avoiding Harm Otherwise: Reframing Women Employees' Responses To The Harms Of Sexual Harassment, Margaret E. Johnson
All Faculty Scholarship
This article concerns the concepts of employee harm and harm avoidance within the liability framework for hostile work environment sexual harassment by a supervisor. Whether an employer is liable for supervisor sexual harassment depends in part on whether or not the employee avoids her harm or mitigates her damages resulting from the sexual harassment. Despite the law's interest in employee's harm avoidance, courts have failed to fully explore the vast array of harms resulting from sexual harassment and the variety of ways in which an employee avoids these multiple harms. This article reframes the legal discussion of an employee's actions …