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Articles 1 - 30 of 79
Full-Text Articles in Law
Mid-Atlantic Ethics Committee Newsletter, Fall 2007
Mid-Atlantic Ethics Committee Newsletter, Fall 2007
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
Faculty Scholarship
The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …
C-Drum News, V. 1, No. 1, Fall 2007
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Faculty Scholarship
The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …
Law & Health Care Newsletter, V. 15, No. 1, Fall 2007
Law & Health Care Newsletter, V. 15, No. 1, Fall 2007
Law & Health Care Newsletter
No abstract provided.
In Practice, V. 8, No. 1, Fall 2007
Tobacco Regulation Review, V. 6, No. 2, Sept. 2007
Tobacco Regulation Review, V. 6, No. 2, Sept. 2007
Tobacco Regulation Review
No abstract provided.
The Failure Of Administrative Law To Provide Adequate Relief In Bid Challenge Litigation: A Note On Taiwan Yutong Consulting And Technology Co Ltd V Taiwan Area National Freeway Bureau And Far East Electronic Toll Collection Co, Daniel J. Mitterhoff
Faculty Scholarship
No abstract provided.
Book Review: Comparative Law In A Global Context: The Legal Systems Of Asia And Africa, Maxwell O. Chibundu
Book Review: Comparative Law In A Global Context: The Legal Systems Of Asia And Africa, Maxwell O. Chibundu
Faculty Scholarship
No abstract provided.
New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana
New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana
International Collaborative on Social Europe
When thinking about the traditional boundaries of the welfare state, particularly of labour and employment policies, we tend to place them within the boundaries of the nation-state. However, with contemporary processes of European economic integration and devolution of competences to sub-national entities, our understanding of the spatial configuration of the welfare state has been challenged. These developments are also partially related to 'new governance' patterns in social policy. The authors explore the 'downward' movement of employment and labour market policies (LMP) in Germany, the United Kingdom, and Italy and explore cross-national differences regarding the characteristics and degree of decentralisation. The …
You Ain't Seen Nothin' Yet: The Inevitable Post-Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger
You Ain't Seen Nothin' Yet: The Inevitable Post-Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger
Faculty Scholarship
On September 21, 2006, my colleagues, Professors Singer, Quint, and Young, and I led a workshop for our faculty on the Supreme Court’s last, and most important case of the previous Term, Hamdan v. Rumsfeld. As was doubtless true of law scholars across the country (indeed, perhaps throughout the world), we expressed wonderment about the sweep of the decision. In Hamdan, a conservative Court, having just been joined by two conservative appointees named by a conservative President (known for attempting a dramatic expansion of his Article II war powers authority) and confirmed by a conservative Republican-controlled Senate (known for accommodating …
Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young
Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young
Faculty Scholarship
This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.
Environmental Law At Maryland, No. 24, Summer-Fall 2007
Environmental Law At Maryland, No. 24, Summer-Fall 2007
Environmental Law at Maryland
No abstract provided.
The Aches And Pains Of Transition To A Consumption Tax: Can We Get There From Here?, Daniel S. Goldberg
The Aches And Pains Of Transition To A Consumption Tax: Can We Get There From Here?, Daniel S. Goldberg
Faculty Scholarship
This article discusses probably the most significant obstacle to the adoption of a consumption tax: the negative effects on existing wealth that the transition from the income tax to most forms of a consumption tax would have. The Congressional Budget Office in its 1997 study posed the question, “How to Get There from Here.” The difficulty with transition and the changes in the tax law since the CBO study, however, prompt the more basic question: “Can we get there from here?” This article deals with this question by examining the effects of transition on existing wealth under a variety of …
Mid-Atlantic Ethics Committee Newsletter, Spring 2007
Mid-Atlantic Ethics Committee Newsletter, Spring 2007
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Child Welfare Interventions For Drug-Dependent Pregnant Women: Limitations Of A Non-Public Health Response, Ellen M. Weber
Child Welfare Interventions For Drug-Dependent Pregnant Women: Limitations Of A Non-Public Health Response, Ellen M. Weber
Faculty Scholarship
National drug policy, medical practice and the child welfare system have not kept pace with scientific research that points to effective health interventions to address alcoholism and drug dependence among pregnant women. In its 2003 amendments to the Child Abuse Prevention and Treatment Act, Congress adopted a policy requiring physicians to report to child protective services all patients who give birth to an infant affected by illicit drug use. Drawing on epidemiological, medical and social science research, this Article critiques Congress’s decision to require health professionals to engage in a surveillance role instead of a therapeutic intervention. In seeking to …
Law & Health Care Newsletter, V. 14, No. 2, Spring 2007
Law & Health Care Newsletter, V. 14, No. 2, Spring 2007
Law & Health Care Newsletter
No abstract provided.
Tobacco Regulation Review, V. 6, No. 1, April 2007
Tobacco Regulation Review, V. 6, No. 1, April 2007
Tobacco Regulation Review
No abstract provided.
The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth
The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth
Faculty Scholarship
In a recent article, I argued that diversified investors - the vast majority of investors - would prefer that securities fraud class actions under the 1934 Act and Rule 10b-5 be dismissed in the absence of insider trading or similar offenses during the fraud period. See Richard A. Booth, The End of the Securities Fraud Class Action as We Know It, 4 Berk. Bus. L. J. 1 (2007), http://ssrn.com/abstract=683197. In this article, I draw on the classic case, SEC v. Texas Gulf Sulfur Company, to show that the federal courts originally viewed securities fraud as inextricably connected to insider trading …
Tobacco Regulation Review, V. 5, No. 2, Feb. 2007
Tobacco Regulation Review, V. 5, No. 2, Feb. 2007
Tobacco Regulation Review
No abstract provided.
Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney
Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney
Immigration Clinic
No abstract provided.
Why The Supreme Court Lied About Plessy, David S. Bogen
Why The Supreme Court Lied About Plessy, David S. Bogen
Faculty Scholarship
This article examines the citation in Plessy of a dozen cases that the Court said held racial segregation statutes in transport to be constitutional. It argues that none of those twelve cases upheld a segregation statute, but were largely decisions upholding decisions by the carrier under the common law. Justice Brown knew that the cases did not uphold segregation statutes, but he went ahead and used them to bury opposition under the weight of precedent. He knew that he was unlikely to be challenged, and he believed that the common law and the Constitution involved the same principles. The conflation …
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds
Faculty Scholarship
In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.
Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman
Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman
Faculty Scholarship
Defining the limits of contract is an important project in contemporary contracts scholarship. Professor Ertman’s Afterword to the University of Arizona symposium on Mapping the Frontiers of Private Ordering situates the symposium papers within a larger positive and normative discourse. Suggesting that “private ordering” better describes the current reach of contractual thinking, she contends that, the symposium papers depart from conventional wisdom by examining the upside of private ordering for have-nots. While some of the contributions warn of dangers to employees and other systemically disadvantaged parties from full throttle contractualization, even the protections by the most skeptical scholar fall comfortably …
Hamdan As An Assertion Of Judicial Power, Jana B. Singer
Hamdan As An Assertion Of Judicial Power, Jana B. Singer
Faculty Scholarship
In Hamdan v Rumsfeld, the Supreme Court rebuffed the Bush administration’s initial attempt to use Military Commissions created by Executive Order to try detainees held at Guantanamo Bay. The Court ruled that the President, acting alone, lacked the authority to employ the Commissions because their structure and procedure violated both the Uniform Code of Military Justice and the Geneva Conventions. Most academic commentators have viewed the Hamdan decision as primarily about the limits of executive power. On this view, the central constitutional problem in Hamdan was that the Executive had acted unilaterally in an area where the Constitution required the …
Gender And Justice: Parity And The United States Supreme Court, Paula A. Monopoli
Gender And Justice: Parity And The United States Supreme Court, Paula A. Monopoli
Faculty Scholarship
There is a deep concern among many American women that only one woman remains on the United States Supreme Court. When Justice Sandra Day O’Connor was sworn in on September 25, 1981, most people never imagined that twenty-five years later there would still be only one woman on the Court. It appears that it will be many more years before there is a critical mass of women sitting on the high court. Given its central role, the Court should better represent the gender balance in American society. In a number of other countries, voluntary or involuntary parity provisions have been …
Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber
Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber
Faculty Scholarship
The Maryland Constitutional Law Schmooze, "An Eighteenth-Century Constitution in a Twenty-First-Century World" explores the interpretive and political challenges inherent in recourse to an ancient text for resolving political questions. Although no Essay cites Quentin Skinner, the debates between participants in the Schmooze and this Symposium mirror the debates between Skinner and his critics. Some participants insist that crucial aspects of an eighteenth-century text remain vibrant at present, that contemporary political life would be improved by more careful study of the Constitution. Others blame crucial pathologies of American politics on a combination of too careful study of and too uncritical veneration …
Tied Up In Knotts? Gps Technology And The Fourth Amendment, Renée Mcdonald Hutchins
Tied Up In Knotts? Gps Technology And The Fourth Amendment, Renée Mcdonald Hutchins
Faculty Scholarship
Judicial and scholarly assessment of emerging technology seems poised to drive the Fourth Amendment down one of three paths. The first would simply relegate the amendment to a footnote in history books by limiting its reach to harms that the framers specifically envisioned. A modified version of this first approach would dispense with expansive constitutional notions of privacy and replace them with legislative fixes. A third path offers the amendment continued vitality but requires the U.S. Supreme Court to overhaul its Fourth Amendment analysis. Fortunately, a fourth alternative is available to cabin emerging technologies within the existing doctrinal framework. Analysis …
What Is A Twentieth-Century Constitution?, Peter E. Quint
What Is A Twentieth-Century Constitution?, Peter E. Quint
Faculty Scholarship
At present, almost all of the constitutions in the world are twentieth-century constitutions; indeed, most of them were not adopted until the second half of the twentieth century. Accordingly, the eighteenth-century Constitution of the United States -- which includes the original constitution of 1787-89; the first ten amendments, adopted in 1791; and the Eleventh Amendment, adopted in 1798 -- antedates most other constitutions of the world by at least 150 years. Using the eighteenth-century Constitution of the United States as a form of base-line (a method that may be parochial, but one that I think also has a lot to …