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Articles 1 - 30 of 84
Full-Text Articles in Law
Against Criminal Law Localism, Brenner M. Fissell
Against Criminal Law Localism, Brenner M. Fissell
Maryland Law Review
No abstract provided.
Clamping Down On Faulty Forensics, Maneka Sinha
Clamping Down On Faulty Forensics, Maneka Sinha
Maryland Carey Law
No abstract provided.
Prosecutorial Discretion And Immigration Arrest: How Criminal Arrests Set Immigration Enforcement Priorities, Eisha Jain
Prosecutorial Discretion And Immigration Arrest: How Criminal Arrests Set Immigration Enforcement Priorities, Eisha Jain
Maryland Journal of International Law
No abstract provided.
Releasing Older Prisoners Convicted Of Violent Crimes: The Unger Story, Michael Millemann, Jennifer Elisa Chapman, Samuel P. Feder
Releasing Older Prisoners Convicted Of Violent Crimes: The Unger Story, Michael Millemann, Jennifer Elisa Chapman, Samuel P. Feder
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
State V. Thomas: An Improper Extension Of Involuntary Manslaughter To Combat The Opioid Epidemic, Daniel P. Mooney
State V. Thomas: An Improper Extension Of Involuntary Manslaughter To Combat The Opioid Epidemic, Daniel P. Mooney
Maryland Law Review
No abstract provided.
Punishing Victim As Perpetrator: In Re: S.K. And The Chilling Effect Of Labeling Teen Sexting As Child Pornography, Emma Kaufman
Punishing Victim As Perpetrator: In Re: S.K. And The Chilling Effect Of Labeling Teen Sexting As Child Pornography, Emma Kaufman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright
Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright
Maryland Law Review
No abstract provided.
Digital Expungement, Eldar Haber
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Maryland Law Review
No abstract provided.
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Maryland Law Review
No abstract provided.
Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst
Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst
Maryland Law Review
No abstract provided.
Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe
Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe
Maryland Law Review
No abstract provided.
The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer
The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer
Maryland Law Review
No abstract provided.
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil L. Sobol
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil L. Sobol
Maryland Law Review
Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons.
Criminal justice debt is the primary source for this imprisonment. Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …
Equality, Process, And Campus Sexual Assault, Julie Novkov
Equality, Process, And Campus Sexual Assault, Julie Novkov
Maryland Law Review
No abstract provided.
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Maryland Law Review
No abstract provided.
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Maryland Law Review
No abstract provided.
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
Maryland Law Review
No abstract provided.
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Maryland Law Review
No abstract provided.
A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal
A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal
University of Maryland Law Journal of Race, Religion, Gender and Class
"A Lawyer for John Doe," explores the growing disparity between the legal services available to the upper class and the poor in the state of Maryland. The article offers four models or solutions that creatively show different ways in which middle class citizens can obtain adequate and substantive legal representation for issues that specifically concern them.
Teaching The Carceral Crisis: An Ethical And Pedagogical Imperative, Taja-Nia Y. Henderson
Teaching The Carceral Crisis: An Ethical And Pedagogical Imperative, Taja-Nia Y. Henderson
University of Maryland Law Journal of Race, Religion, Gender and Class
"Teaching the Carceral Crisis: An Ethical and Pedagogical Imperative," demonstrates that although mass incarceration and mass conviction has increased in the United States, law school curricula has continued to lack any substantive discussion on these issues. The article highlights the need for law schools to improve their current curricula in order to prevent further stigmatization of criminal offenders and the continued increase of incarceration rates.
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan
Maryland Law Review
No abstract provided.
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Arizona V. Gant: Missing An Opportunity To Banish Bright Lines From The Court’S Vehicular Search Incident To Arrest Jurisprudence, Jack Blum
Maryland Law Review
No abstract provided.
Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Limiting Death: Maryland’S New Death Penalty Law, Michael Millemann
Limiting Death: Maryland’S New Death Penalty Law, Michael Millemann
Maryland Law Review
In this Article, I describe and analyze the State of Maryland's 2009 death penalty law. This law adds three new death-eligibility criteria to the pre-existing law. These new evidentiary criteria supplement the pre-existing substantive death-eligibility criteria. As a result, Maryland now has one of the most restrictive death penalties in the country.
Does An Individual Government Official Qualify For Immunity Under The Foreign Sovereign Immunities Act?: A Human Rights-Based Approach To Resolving A Problematic Circuit Split, Heather L. Williams
Does An Individual Government Official Qualify For Immunity Under The Foreign Sovereign Immunities Act?: A Human Rights-Based Approach To Resolving A Problematic Circuit Split, Heather L. Williams
Maryland Law Review
No abstract provided.
United States V. Malloy: Unreasonably Denying Criminal Defendants A Reasonable Mistake Of Age Defense In The Fourth Circuit, Anne E. Di Salvo
United States V. Malloy: Unreasonably Denying Criminal Defendants A Reasonable Mistake Of Age Defense In The Fourth Circuit, Anne E. Di Salvo
Maryland Law Review
No abstract provided.
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
State V. Baby: One Step Forward For Maryland— Protecting A Woman’S Right To Withdraw Consent, But Sending A Conflicting Message To Appellate Courts Reviewing Multiple-Conviction Cases, Michelle D. Albert
Maryland Law Review
No abstract provided.