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Articles 1 - 7 of 7
Full-Text Articles in Law
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
Faculty Scholarship
Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.
This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …
The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival
The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival
Faculty Scholarship
Prior to the erection in the 1970s of a comprehensive federal regulatory infrastructure to protect the environment, transboundary pollution disputes frequently were adjudicated by the U.S. Supreme Court, exercising its original jurisdiction over disputes between states. In a series of cases commencing at the dawn of the Twentieth Century, the Court served as a national arbiter of interstate pollution disputes. This paper reviews the history of the Supreme Court's use of these cases to develop a federal common law of interstate nuisance.
The paper argues that while federal common law initially performed a zoning function by encouraging polluters to relocate …
Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young
Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young
Faculty Scholarship
No abstract provided.
Obeisance To The Separation Of Powers And Protection Of Individuals' Rights And Liberties: The Honorable John C. Eldridge's Approach To Constitutional Analysis In The Court Of Appeals Of Maryland, 1974-2003, Lynne A. Battaglia
Maryland Law Review
No abstract provided.
Tolerance As Understanding, Jay Schiffman
Tolerance As Understanding, Jay Schiffman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Narrowing The Nation's Power: The Supreme Court Sides With The States, By John T. Noonan, Jr., Matthew Fogelson
Narrowing The Nation's Power: The Supreme Court Sides With The States, By John T. Noonan, Jr., Matthew Fogelson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Why The Reparations Movement Should Fail, Gregory Kane
Why The Reparations Movement Should Fail, Gregory Kane
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.