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2015

University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 143

Full-Text Articles in Law

Table Of Contents Dec 2015

Table Of Contents

Maryland Law Review

No abstract provided.


Foreword: Private And Public Revisited Once Again, Mark A. Graber Dec 2015

Foreword: Private And Public Revisited Once Again, Mark A. Graber

Maryland Law Review

No abstract provided.


Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn Dec 2015

Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn

Maryland Law Review

No abstract provided.


The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn Dec 2015

The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn

Maryland Law Review

No abstract provided.


Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff Dec 2015

Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff

Maryland Law Review

No abstract provided.


A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown Dec 2015

A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown

Maryland Law Review

No abstract provided.


Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr Dec 2015

Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr

Maryland Law Review

No abstract provided.


The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim Dec 2015

The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim

Maryland Law Review

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …


In Praise Of Bill Reynolds And Paul Blair, William M. Richman Dec 2015

In Praise Of Bill Reynolds And Paul Blair, William M. Richman

Maryland Law Review

No abstract provided.


“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu Dec 2015

“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Maryland Law Review

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …


Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr. Dec 2015

Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.

Maryland Law Review

No abstract provided.


Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano Dec 2015

Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano

Maryland Law Review

New technologies inevitably raise novel legal questions. This is particularly true of technologies, such as neuro lie detection, that offer new ways to investigate crime. Recently, a number of scholars have asked whether neuro lie detection testing is constitutional. So far, the debate has focused on the Fifth Amendment—specifically whether evidence gathered through neuro lie detection is constitutionally admissible because it is “physical” in nature or inadmissible because it is “testimonial” in nature. Under current Supreme Court doctrine, this Fifth Amendment debate is intractable. However, the more fundamental question of whether the government can compel individuals to undergo a neuro …


Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu Dec 2015

Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu

Maryland Law Review

No abstract provided.


Legal Epistemologies, Howard Schweber Dec 2015

Legal Epistemologies, Howard Schweber

Maryland Law Review

No abstract provided.


Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer Dec 2015

Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer

Maryland Law Review

No abstract provided.


Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton Dec 2015

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton

Maryland Law Review

No abstract provided.


Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington Dec 2015

Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington

Maryland Law Review

No abstract provided.


The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius Oct 2015

The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius

Homeland Security Publications

No abstract provided.


Newsletter Fall 2015 Oct 2015

Newsletter Fall 2015

Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2015 Oct 2015

Mid-Atlantic Ethics Committee Newsletter, Fall 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015 Oct 2015

Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015

Law & Health Care Newsletter

No abstract provided.


C-Drum News, Fall 2015 Oct 2015

C-Drum News, Fall 2015

The C-DRUM News

No abstract provided.


Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker Oct 2015

Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker

Homeland Security Publications

No abstract provided.


Business Law Bulletin, Fall 2015 Oct 2015

Business Law Bulletin, Fall 2015

Business Law Bulletin

No abstract provided.


Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein Sep 2015

Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein

Faculty Scholarship

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 2015 Jul 2015

Mid-Atlantic Ethics Committee Newsletter, Summer 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale Jul 2015

The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale

Faculty Scholarship

There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …


Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes Jun 2015

Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes

Maryland Law Review

No abstract provided.


Gore Enterprise Holdings, Inc. V. Comptroller Of The Treasury: A Missed Opportunity To Remedy Maryland’S Disconnected Taxation Policy And Inimical Corporate Atmosphere, Skylar Ludwick Jun 2015

Gore Enterprise Holdings, Inc. V. Comptroller Of The Treasury: A Missed Opportunity To Remedy Maryland’S Disconnected Taxation Policy And Inimical Corporate Atmosphere, Skylar Ludwick

Maryland Law Review

No abstract provided.


Unfair And Deceptive Robots, Woodrow Hartzog Jun 2015

Unfair And Deceptive Robots, Woodrow Hartzog

Maryland Law Review

No abstract provided.