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Articles 1 - 30 of 227
Full-Text Articles in Law
The Use And Limits Of Longstanding Practice In Constitutional Law, Spencer G. Livingstone
The Use And Limits Of Longstanding Practice In Constitutional Law, Spencer G. Livingstone
Maryland Law Review
No abstract provided.
What Makes An American Constitutional Revolution, And Are We Having One?, Carol Nackenoff
What Makes An American Constitutional Revolution, And Are We Having One?, Carol Nackenoff
Maryland Law Review
No abstract provided.
"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021, Jill I. Goldenziel
"Revolution" At The Capitol: How Law Hindered The Response To The Events Of January 6, 2021, Jill I. Goldenziel
Maryland Law Review
No abstract provided.
Counter-Majoritarian Constitutional Hardball, Robinson Woodward-Burns
Counter-Majoritarian Constitutional Hardball, Robinson Woodward-Burns
Maryland Law Review
No abstract provided.
Constitutional Norm Entrepreneuring, Oren Tamir
Constitutional Norm Entrepreneuring, Oren Tamir
Maryland Law Review
No abstract provided.
Essentially Contested Constitutional Revolutions, Mark A. Graber
Essentially Contested Constitutional Revolutions, Mark A. Graber
Maryland Law Review
No abstract provided.
Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions, Richard Albert, Yaniv Roznai
Emergency Unamendability: Limitations On Constitutional Amendment In Extreme Conditions, Richard Albert, Yaniv Roznai
Maryland Law Review
No abstract provided.
Constitutional Revolution: A Path Towards Equitable Representation, Chris Chambers Goodman
Constitutional Revolution: A Path Towards Equitable Representation, Chris Chambers Goodman
Maryland Law Review
No abstract provided.
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll
Maryland Law Review
No abstract provided.
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Maryland Law Review
No abstract provided.
21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron
21st Century-Style Truth Decay: Deep Fakes And The Challenge For Privacy, Free Expression, And National Security, Robert Chesney, Danielle Keats Citron
Maryland Law Review
No abstract provided.
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
Maryland Law Review
No abstract provided.
Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa
Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa
Maryland Law Review
No abstract provided.
Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri
Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri
Maryland Law Review
From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their “right of publicity”—a state-law tort that prohibits the unauthorized use of a person’s name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. But …
Legislative Design And The Controllable Costs Of Special Legislation, Evan C. Zoldan
Legislative Design And The Controllable Costs Of Special Legislation, Evan C. Zoldan
Maryland Law Review
Legislation that singles out an identifiable individual for benefits or harms that do not apply to the rest of the population is called “special legislation.” In previous work, I have argued that special legislation is constitutionally suspect. In this Article, I explore the normative consequences of special legislation, assessing both the costs it imposes and the benefits that it can provide. Drawing on constitutional theory, public choice theory, and the history of special legislation, I argue that the enactment of special legislation is costly when it reflects the corruption of the legislative process and leads to low-quality legislation, unjustifiably unequal …
Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson
Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson
Maryland Law Review
No abstract provided.
Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia
Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia
Maryland Law Review
No abstract provided.
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris
Hernandez V. Mesa: Preserving The Zone Of Constitutional Uncertainty At The Border, Alexandra A. Botsaris
Maryland Law Review
No abstract provided.
Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington
Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington
Maryland Law Review
No abstract provided.
Constitutional Crisis And Constitutional Rot, Jack M. Balkin
Constitutional Crisis And Constitutional Rot, Jack M. Balkin
Maryland Law Review
No abstract provided.
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.
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.
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 …
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 …
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.
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.
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 …
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 …
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Privacy, Security, And The Connected Hairbrush, Travis Leblanc
Maryland Law Review
No abstract provided.