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Articles 1 - 30 of 47
Full-Text Articles in Law
Constitutional Crisis And Constitutional Rot, Jack M. Balkin
Constitutional Crisis And Constitutional Rot, Jack M. Balkin
Maryland Law Review
No abstract provided.
The Fragility Of Constitutional Democracy, Yasmin Dawood
The Fragility Of Constitutional Democracy, Yasmin Dawood
Maryland Law Review
Is the survival of constitutional democracy in America at serious risk? Given the actions of the Trump administration, and given the decline of democracy and concomitant rise of authoritarianism the world over, there is genuine cause for alarm. In light of these fears, it is worth remembering that the authors of The Federalist Papers were notably pessimistic about the survival chances of republican government. To what extent have their constitutional design innovations contributed to present woes, and conversely, to what extent will the Constitution ensure the survival of democracy? This Essay argues that while the design of the Constitution is …
Alternatives To Liberal Constitutional Democracy, David S. Law
Alternatives To Liberal Constitutional Democracy, David S. Law
Maryland Law Review
The global appeal of liberal constitutional democracy—defined as a competitive multiparty system combined with governance within constitutional limits—cannot be taken for granted due to the existence of competing forms of government that appear successful along a number of practical dimensions and consequently enjoy high levels of public acceptance. Proponents of liberal constitutional democracy must be prepared to proactively explain and defend its capacity to satisfy first-order political needs. A system of government is unlikely to command popular acceptance unless it can plausibly claim to address the problems of oppression, tribalism, and physical and economic security.
Along these dimensions, the advantages …
A Jewish And (Declining) Democratic State? Constitutional Retrogression In Israel, Nadiv Mordechay, Yaniv Roznai
A Jewish And (Declining) Democratic State? Constitutional Retrogression In Israel, Nadiv Mordechay, Yaniv Roznai
Maryland Law Review
This Article describes and analyzes an increasing trend of contemporary democratic hybridization and constitutional retrogression in Israel. We seek to reconstruct the Israeli case as a state of affairs where a strong leadership, coupled with rising political elites, are leading to a wide-ranging political risk to the constitutional liberal-democracy, to an erosion of its democratic institutions, and to an incremental democratic backslide.
This Article contributes to the evolving recent literature in comparative constitutional law on the constitutional implications of democratic retrogression by characterizing the Israeli case as one that might be categorized as constitutional retrogression. This, as we argue, carries …
Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff
Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff
Maryland Law Review
No abstract provided.
Threats To Democratic Stability: Comparing The Elections Of 2016 And 1860, Stuart Chinn
Threats To Democratic Stability: Comparing The Elections Of 2016 And 1860, Stuart Chinn
Maryland Law Review
No abstract provided.
Reflections On The Aftermath Of Election 2016, Maxwell L. Stearns
Reflections On The Aftermath Of Election 2016, Maxwell L. Stearns
Maryland Law Review
No abstract provided.
An Unacknowledged Constitutional Crisis: United States V. Shipp Ii (1909), Leslie F. Goldstein
An Unacknowledged Constitutional Crisis: United States V. Shipp Ii (1909), Leslie F. Goldstein
Maryland Law Review
No abstract provided.
Resurrecting Labor, Rick Bales
Resurrecting Labor, Rick Bales
Maryland Law Review
Participation in American labor unions has changed radically, albeit incrementally, over the last fifty years. Private-sector union density has declined five-fold, whereas public-sector density has increased almost as significantly. Today, unions rarely strike, and in much of the country, they are politically impotent. As traditional manufacturing declines and is replaced by on-demand work, unions risk becoming a historical footnote.
This Article ties the decline in union density and power to macroeconomic trends that are highly troubling in an advanced democracy, such as rising income inequality and the failure of wage growth to keep pace with gross domestic product (“GDP”) growth. …
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Maryland Law Review
For most of patent law’s 200-plus year history, patent holders could sue only in the district inhabited by the defendant. In 1990, the United States Court of Appeals for the Federal Circuit decided that the scope of permissible venue extended to all districts with personal jurisdiction over the defendant. In recent years, patentees have flocked to certain districts, fueling the widespread perception that patentees, particularly those that do not practice their patents, called non-practicing entities (“NPEs”), are abusing forum. Responsive to these concerns, Congress and the courts have moved to reinstate a more restrictive rule, culminating in the Supreme Court’s …
The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber
The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber
Maryland Law Review
No abstract provided.
Trump, Trust, And The Future Of The Constitutional Order, Stephen M. Griffin
Trump, Trust, And The Future Of The Constitutional Order, Stephen M. Griffin
Maryland Law Review
Sometimes constitutions fail. The unprecedented election of Donald Trump, a populist insurgent who lacks the prior political experience or military service of all presidents before him, is such a sharp break in American historical experience that it raises questions as to whether something is deeply amiss with the constitutional order.
Constitutional failure is not uncommon. A path-breaking global study of national constitutions shows that on average, they last only nineteen years. The U.S. Constitution is an uncommon outlier and, as such, is accounted by many a long-running success story. But could a bell be tolling for American constitutionalism?
In this …
How A Court Becomes Supreme: Defending The Constitution From Unconstitutional Amendments, Richard Albert
How A Court Becomes Supreme: Defending The Constitution From Unconstitutional Amendments, Richard Albert
Maryland Law Review
High courts around the world have increasingly invalidated constitutional amendments in defense of their view of democracy, answering in the affirmative what was once a paradoxical question with no obvious answer: can a constitutional amendment be unconstitutional? In the United States, however, the Supreme Court has yet to articulate a theory or doctrine of unconstitutional constitutional amendment. Faced with a constitutional amendment that would challenge the liberal democratic values of American constitutionalism—for instance an amendment restricting political speech or establishing a national religion—the Court would be left without a strategy or vocabulary to protect the foundations of constitutional democracy. In …
$=€=Bitcoin?, Hilary J. Allen
$=€=Bitcoin?, Hilary J. Allen
Maryland Law Review
Bitcoin (and other virtual currencies) have the potential to revolutionize the way that payments are processed, but only if they become ubiquitous. This Article argues that if virtual currencies are used at that scale, it would pose threats to the stability of the financial system—threats that have been largely unexplored to date. Such threats will arise because the ability of a virtual currency to function as money is very fragile—Bitcoin can remain money only for so long as people have confidence that bitcoins will be readily accepted by others as a means of payment. Unlike the U.S. dollar, which is …
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Maryland Law Review
No abstract provided.
Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm
Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm
Maryland Law Review
No abstract provided.
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward
Maryland Law Review
No abstract provided.
G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson
G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson
Maryland Law Review
No abstract provided.
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Maryland Law Review
No abstract provided.
Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan
Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan
Maryland Law Review
No abstract provided.
In Defense Of The Long Privacy Statement, Mike Hintze
In Defense Of The Long Privacy Statement, Mike Hintze
Maryland Law Review
No abstract provided.
Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine
Leaving “Other Than Honorable” Soldiers Behind: How The Departments Of Defense And Veterans Affairs Inadvertently Created A Health And Social Crisis, Daniel Scapardine
Maryland Law Review
No abstract provided.
Husky International Electronics, Inc. V. Ritz: Rethinking Actual Fraud, Badges Of Fraud, And Pleading Standards In Federal Bankruptcy Litigation, Meagan George
Maryland Law Review
No abstract provided.
A Case Against Collaboration, Rachel Rebouché
A Case Against Collaboration, Rachel Rebouché
Maryland Law Review
In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together—almost entirely outside of the court system—to reach a settlement ending the marriage. A team of experts, including mental health professionals, financial neutrals, and parenting coordinators, helps the parties resolve conflicts and settle property, support, and custody disputes. For divorcing couples, the collaborative process promises emotional healing and avoidance of contentious litigation. Advocates for collaborative divorce describe the transformational effects of the process in an evangelical tone.
But collaborative …
The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog
The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog
Maryland Law Review
No abstract provided.
Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss
Tribal Jurisdiction—A Historical Bargain, Matthew L.M. Fletcher, Leah Jurss
Maryland Law Review
No abstract provided.
Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel
Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel
Maryland Law Review
No abstract provided.