Law Commons^™

Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black's White Lectures, Richard C. Boldt

Faculty Scholarship

Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the central government relative to those retained by the states. The competing approaches, one reliant on a formalist enumeration of permissible powers, the other operating functionally on the basis of a broad dynamic concept of state incompetence and national interest, often are presented as mutually inconsistent narratives. In fact, these two approaches …

Delaware's Global Competitiveness, William J. Moon

Faculty Scholarship

For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.

This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …

Modeling Narrowest Grounds, Maxwell Stearns

Faculty Scholarship

The Supreme Court’s doctrinal statements governing nonmajority opinions demonstrate inconsistencies and confusion belied by the Justices’ behaviors modeling the narrowest grounds doctrine. And yet, lower courts are bound by stated doctrine, beginning with Marks v. United States, not rules of construction inferred from judicial conduct. This Article simplifies the narrowest grounds rule, reconciling doctrinal formulations with observed behaviors, avoiding the implicit command: “Watch what we do, not what we say.”

The two most recent cases considering Marks, Ramos v. Louisiana and Hughes v. United States, obfuscate three central features: (1) when the doctrine does or does not …

Environmental Enforceability, Seema Kakade

Faculty Scholarship

There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump Administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …

Disposable Lives: Covid-19, Vaccines, And The Uprising, Matiangai Sirleaf

Faculty Scholarship

Two French doctors appeared on television and publicly discussed potentially utilizing African subjects in experimental trials for a tuberculosis vaccine as an antidote to the novel coronavirus (COVID-19). Tedros Adhanom Ghebreyesus, the Director-General of the World Health Organization (WHO), denounced these kinds of racist remarks as a “hangover from ‘colonial mentality’” and maintained that “Africa can’t and won’t be a testing ground for any vaccine.” The fallout on social media was similarly swift, with Samuel Eto’o, a Cameroonian football legend, referring to the doctors as “[d]es assasins” and several others questioning the motives behind testing a vaccine on the African …

Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis

Women, Leadership & Equality

No abstract provided.

Proximate Cause Untangled, Mark A. Geistfeld

Maryland Law Review

No abstract provided.

The Tobacco Control Act’S Pmta And Mrtp Provisions Mean To Protect The Usa From Any New Tobacco Products That Will Not Reduce Health Harms—But Fda Isn’T Cooperating, Eric N. Lindblom

Journal of Health Care Law and Policy

No abstract provided.

Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall

Journal of Health Care Law and Policy

No abstract provided.

What Your Compliance Office Is - And Is Not, Barry S. Herrin

Journal of Health Care Law and Policy

No abstract provided.

Under Attack: Transgender Health In 2020, Paula M. Neira, An Na Lee

Journal of Health Care Law and Policy

No abstract provided.

Accessing Health Care As A Foster Child, Clare O'Donnell

Journal of Health Care Law and Policy

No abstract provided.

The National School Lunch Program: Lunch Is For Kids Not Political Propaganda, Caroline Scanlon Beleson

Journal of Health Care Law and Policy

No abstract provided.

Deciphering Property Insurers’ Indemnification Obligations After Disasters, Pandemics And Business Interruption Losses: An Analysis Of State Supreme Courts And Federal Circuits’ Declaratory Judgments, Willy E. Rice

Journal of Business & Technology Law

No abstract provided.

Who Owns The Blockchain? How Copyright Law Allows Rights Holders To Control Blockchains, Sebastian Pech

Journal of Business & Technology Law

No abstract provided.

Regulating Libra: Will Legal And Regulatory Uncertainty Prevent The Launch Of Facebook’S Cryptocurrency Project?, Amanda Simmons

Journal of Business & Technology Law

No abstract provided.

An “Opportunity” To Invest In A “Rat-Infested” City: The Effects Of President Trump’S Economic Development Plan In Baltimore, Michelle L. Sidle

Journal of Business & Technology Law

No abstract provided.

Cannabis Ip: How Federal Inconsistencies Have Stifled A Budding Industry, Celena Dyal

Journal of Business & Technology Law

No abstract provided.

Regulating The Cyberpunk Reality: Private Body Modification And The Dangers Of ‘Body Hacking’, Zachary Paul Birnbaum

Journal of Business & Technology Law

No abstract provided.

A Socio-Legal Framework For Improving The Accessibility Of Research Articles For People With Disabilities, Brian Wentz, Jonathan Lazar, Paul T. Jaeger, Ursula Gorham

Journal of Business & Technology Law

No abstract provided.

Apple Inc. V. Pepper:The Future Of Software-Based Retail—Incalculable Damages And Duplicitous Liability, Christopher Derian

Journal of Business & Technology Law

No abstract provided.

Chevron Deference In Tax Administration: Can Businesses Confidently Rely On Guidance Promulgated By Treasury In The Wake Of The Tax Cuts And Jobs Act?, Gabrielle Murphy

Journal of Business & Technology Law

No abstract provided.

Artificial Intelligence & Algorithmic Bias: The Issues With Technology Reflecting History & Humans, Maya C. Jackson

Journal of Business & Technology Law

No abstract provided.

Cgi Social Media Influencers: Are They Above The Ftc’S Influence?, Kelly Callahan

Journal of Business & Technology Law

No abstract provided.

'Playola' And Fraud On Digital Music Platforms: Why Legislative Action Is Required To Save The Music Streaming Market, Christine Smith Burton

Journal of Business & Technology Law

No abstract provided.

Ai’S Risky Business: Embracing Ambiguity In Managing The Risks Of Ai, Ryan Budish

Journal of Business & Technology Law

No abstract provided.

Approaching The Tipping Point For "Public-Private Offerings" : The Current Trajectory Of Rule 506(C), Allen C. Page

Journal of Business & Technology Law

No abstract provided.

Facebook's "Like" Button Plugin And User Tracking: Stretching Outdated And Ambiguous Laws To Protect User Privacy, David Brokaw

Journal of Business & Technology Law

No abstract provided.

An Investigation Of When The Antitrust Agencies Are Likely To Challenge A Pay-For-Delay Settlement Under Actavis, Thomas Y. Lu

Journal of Business & Technology Law

No abstract provided.

The Effect Of Proprietary And Attribution Claims On Data Sharing During Infectious Disease Emergencies, Sam Halabi, Michelle Rourke, Rebecca Katz

Journal of Health Care Law and Policy

No abstract provided.