Law Commons^™

Developments In Maryland Law, 1986-87 Survey: Constitutional Law, Eric Easton, Lori A. Reinhold, Joseph B. Tétrault

All Faculty Scholarship

No abstract provided.

The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall

Faculty Publications

No abstract provided.

Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Constitution Between Friends, Neal Devins

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.

Is Disparity A Problem?, Michael Wells

Scholarly Works

Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II examines the Court's treatment of the parity issue and shows how the Court's ambiguity permits both sides of the debate to avoid revealing their true objectives. Part III demonstrates that some, but not all, of the allocation doctrine can be explained in terms of a conflict between the plaintiff's litigating interest and the state's interest in maintaining the integrity of the state judicial process. A significant body of cases, however, does not fall within this framework. In these cases the Court seems to prefer state …

The American Constitutional Tradition Of Shared And Separated Powers (Introduction), Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Privacy, Surrogacy, And The Baby M Case, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams

All Faculty Scholarship

No abstract provided.

U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.

The Ninth Amendment And The Unwritten Constitution: The Problems Of Constitutional Interpretation, Andrzej Rapaczynski

Faculty Scholarship

This article is about two things; one general, the other specific. The general point is about the nature of interpretation and of the constraints that the text places on interpretation. The specific is about the ninth amendment.

My general claim about interpretation is that no textual provision by itself seriously constrains how it is going to be interpreted. This, I argue, is true not just about the open-ended provisions like the ninth amendment, but quite generally, about all textual provisions. The fact that no text by itself constrains interpretation, however, does not mean that interpretation is unconstrained; only that constraints …