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Full-Text Articles in Law
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.
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power
Book Gallery
This is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.
The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Book Gallery
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Neurotechnologies At The Intersection Of Criminal Procedure And Constitutional Law, Amanda C. Pustilnik
Faculty Scholarship
The rapid development of neurotechnologies poses novel constitutional issues for criminal law and criminal procedure. These technologies can identify directly from brain waves whether a person is familiar with a stimulus like a face or a weapon, can model blood flow in the brain to indicate whether a person is lying, and can even interfere with brain processes themselves via high-powered magnets to cause a person to be less likely to lie to an investigator. These technologies implicate the constitutional privilege against compelled, self-incriminating speech under the Fifth Amendment and the right to be free of unreasonable search and seizure …
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
Maryland Law Review
No abstract provided.
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Maryland Law Review
No abstract provided.
Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic
Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic
Maryland Law Review
No abstract provided.
Implications Of The President’S Appointment Power, Peter E. Quint
Implications Of The President’S Appointment Power, Peter E. Quint
Maryland Law Review
No abstract provided.
Passive-Aggressive Executive Power, Corinna Barrett Lain
Passive-Aggressive Executive Power, Corinna Barrett Lain
Maryland Law Review
No abstract provided.
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Foreign Precedents And The Global Canon: A Preliminary Exploration, Noga Morag-Levine, Barbara Bean
Schmooze 'tickets'
No abstract provided.
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Indentifying The Canon From The Anticanon, Haider Ala Hamoudi
Schmooze 'tickets'
No abstract provided.
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
Faculty Scholarship
In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally mandated model of bounded adjudication governing mass torts, using decisions that facially rest on disparate constitutional provisions. This model constitutionally restricts common law courts from adjudicating the rights, liabilities, and interests of persons who are neither present before the court nor capable of being defined with a reasonable degree of specificity. I find evidence for this model in the Court’s separate decisions rejecting tort-based climate change claims, global settlements of massive asbestos litigation, and punitive damages awards justified as extra-compensatory damages. These new forms of …
The Constitutional Inevitability Of Same-Sex Marriage, Laurence H. Tribe
The Constitutional Inevitability Of Same-Sex Marriage, Laurence H. Tribe
Maryland Law Review
No abstract provided.
"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent
Legal History Publications
The experience of the Baltimore Police Commissioners is instructive in understanding the state of affairs in Baltimore during the Civil War era. The removal of the commissioners by the Union Army and the subsequent civil trial, The Mayor and City Council of Baltimore v. Charles Howard, provides a window through which one may examine the historical, legal and political circumstances of the time. The legal status of the commissioners also sheds light on modern legal doctrine related to the detention of American citizens as “enemy combatants” without the benefit of certain constitutional guarantees. By analyzing the Howard case with a …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks
Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks
Faculty Scholarship
Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge.
Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its place. The …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Maryland Law Review
No abstract provided.
Geographic Representation And The U.S. Congress, Frances E. Lee
Geographic Representation And The U.S. Congress, Frances E. Lee
Maryland Law Review
No abstract provided.
Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber
Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber
Faculty Scholarship
“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …
Demystifying Social Welfare: Foundations For Constitutional Design, Joe Oppenheimer, Norman Frohlich
Demystifying Social Welfare: Foundations For Constitutional Design, Joe Oppenheimer, Norman Frohlich
Maryland Law Review
No abstract provided.
Slavery And The Marshall Court: Preventing “Oppressions Of The Minor Party”?, Leslie Friedman Goldstein
Slavery And The Marshall Court: Preventing “Oppressions Of The Minor Party”?, Leslie Friedman Goldstein
Maryland Law Review
No abstract provided.
A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
A Place For Interposition? What John Taylor Of Caroline And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
Maryland Law Review
No abstract provided.
From “Just” To “Just Decent”? Constitutional Transformations And The Reordering Of The Twenty-First-Century Public Sphere, Cindy Skach
Maryland Law Review
No abstract provided.
The Balkanization Of Originalism, James E. Fleming
The Balkanization Of Originalism, James E. Fleming
Maryland Law Review
No abstract provided.
What Is A Twentieth-Century Constitution?, Peter E. Quint
What Is A Twentieth-Century Constitution?, Peter E. Quint
Maryland Law Review
No abstract provided.
The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell
The Original Meaning Of Original Understanding: A Neo-Blackstonian Critique, Saul Cornell
Maryland Law Review
No abstract provided.
Originalism, The Living Constitution, And Supreme Court Decision Making In The Twenty-First Century: Explaining Lawrence V. Texas, Ronald Kahn
Maryland Law Review
No abstract provided.
The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward
The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward
Maryland Law Review
No abstract provided.
Constitutional Reforms To Enhance Democratic Participation And Deliberation: Not All Clearly Trigger The Article V Amendment Process, Carol Nackenoff
Constitutional Reforms To Enhance Democratic Participation And Deliberation: Not All Clearly Trigger The Article V Amendment Process, Carol Nackenoff
Maryland Law Review
No abstract provided.