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Articles 1 - 30 of 110

Full-Text Articles in Legal History

Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson May 2018

Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson

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.


Legal Epistemologies, Howard Schweber Dec 2015

Legal Epistemologies, Howard Schweber

Maryland Law Review

No abstract provided.


The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler May 2015

The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler

Maryland Law Review

No abstract provided.


Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein Nov 2014

Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein

Maryland Law Review

During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These ...


Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling Jan 2013

Fundamental Unfairness: In Re Gault And The Road Not Taken, Robin Walker Sterling

Maryland Law Review

No abstract provided.


Retribution And Reform, Chad Flanders Jan 2010

Retribution And Reform, Chad Flanders

Maryland Law Review

No abstract provided.


Can Retributivism Be Progressive?: A Reply To Professor Gray And Jonathan Huber, Chad Flanders Jan 2010

Can Retributivism Be Progressive?: A Reply To Professor Gray And Jonathan Huber, Chad Flanders

Maryland Law Review

No abstract provided.


Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber Jan 2010

Retributivism For Progressives: A Response To Professor Flanders, David Gray, Jonathan Huber

Maryland Law Review

No abstract provided.


Do Judges Cherry Pick Precedents To Justify Extra- Legal Decisions?: A Statistical Examination, Anthony Niblett Jan 2010

Do Judges Cherry Pick Precedents To Justify Extra- Legal Decisions?: A Statistical Examination, Anthony Niblett

Maryland Law Review

No abstract provided.


The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, Jason J. Czarnezki, William K. Ford Jan 2006

The Phantom Philosophy? An Empirical Investigation Of Legal Interpretation, Jason J. Czarnezki, William K. Ford

Maryland Law Review

No abstract provided.


Injustice And The Normative Nature Of Meaning, C. Edwin Baker Jan 2001

Injustice And The Normative Nature Of Meaning, C. Edwin Baker

Maryland Law Review

No abstract provided.


The Moral Significance Of How Things Seem, Marcia Baron Jan 2001

The Moral Significance Of How Things Seem, Marcia Baron

Maryland Law Review

No abstract provided.


Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman Jan 2001

Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman

Maryland Law Review

No abstract provided.


Measured Endorsement, Shari Seidman Diamond, Andrew Koppelman Jan 2001

Measured Endorsement, Shari Seidman Diamond, Andrew Koppelman

Maryland Law Review

No abstract provided.


Expression And Appearance: A Comment On Hellman, Matthew D. Adler Jan 2001

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Maryland Law Review

No abstract provided.


Expressivist Jurisprudence And The Depletion Of Meaning, Steven D. Smith Jan 2001

Expressivist Jurisprudence And The Depletion Of Meaning, Steven D. Smith

Maryland Law Review

No abstract provided.


Group Minds And Expressive Harm, Simon Blackburn Jan 2001

Group Minds And Expressive Harm, Simon Blackburn

Maryland Law Review

No abstract provided.


The Power Of Expressive Theories Of Law, Alan Strudler Jan 2001

The Power Of Expressive Theories Of Law, Alan Strudler

Maryland Law Review

No abstract provided.


On The Moral Foundations Of Legal Expressivism , Andrew Koppelman Jan 2001

On The Moral Foundations Of Legal Expressivism , Andrew Koppelman

Maryland Law Review

No abstract provided.


Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On Measured Endorsement, Jamin B. Raskin Jan 2001

Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On Measured Endorsement, Jamin B. Raskin

Maryland Law Review

No abstract provided.


Symposium - The Expressive Dimension Of Governmental Action: Philosophical And Legal Perspectives: Introduction, Deborah Hellman Jan 2001

Symposium - The Expressive Dimension Of Governmental Action: Philosophical And Legal Perspectives: Introduction, Deborah Hellman

Maryland Law Review

No abstract provided.


In Defense Of Appearances: A Reply To Marcia Baron's The Moral Significance Of How Things Seem, Sarah Buss Jan 2001

In Defense Of Appearances: A Reply To Marcia Baron's The Moral Significance Of How Things Seem, Sarah Buss

Maryland Law Review

No abstract provided.


The Legal And Political Implications Of Moral Pluralism, William A. Galston Jan 1998

The Legal And Political Implications Of Moral Pluralism, William A. Galston

Maryland Law Review

No abstract provided.


Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg Jan 1997

Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg

Maryland Law Review

No abstract provided.


On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith Jan 1997

On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith

Maryland Law Review

No abstract provided.


The Virulence Of The National Appetite For Bogus Revelation, Kermit L. Hall Jan 1997

The Virulence Of The National Appetite For Bogus Revelation, Kermit L. Hall

Maryland Law Review

No abstract provided.


Discretion Must Be Controlled, Judicial Authority Circumscribed, Federalism Preserved, Plain Meaning Enforced, And Everything Must Be Simplified: Recent Supreme Court Contributions To Federal Civil Practice, Daniel J. Capra Jan 1991

Discretion Must Be Controlled, Judicial Authority Circumscribed, Federalism Preserved, Plain Meaning Enforced, And Everything Must Be Simplified: Recent Supreme Court Contributions To Federal Civil Practice, Daniel J. Capra

Maryland Law Review

No abstract provided.


Survey - Developments In Maryland Law, 1989-90 Jan 1991

Survey - Developments In Maryland Law, 1989-90

Maryland Law Review

No abstract provided.


Fiftieth Volume Tributes: Is There Cause For Jubilee?, Bernard S. Meyer Jan 1991

Fiftieth Volume Tributes: Is There Cause For Jubilee?, Bernard S. Meyer

Maryland Law Review

No abstract provided.