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Articles 1 - 30 of 96
Full-Text Articles in Law
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Women, Leadership & Equality
No abstract provided.
Dialectics Of The Right To Freedom Of Religion Or Belief, Peter G. Danchin
Dialectics Of The Right To Freedom Of Religion Or Belief, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga
Drawing The Line: A First Amendment Framework For Partisan Gerrymandering In The Wake Of Rucho V. Common Cause, Kyle Keraga
Maryland Law Review
No abstract provided.
Overbey V. Mayor Of Baltimore: The Cost Of Silence And The Impact Of Restricting Speech In Police Brutality Settlements, Delaney E. Anderson
Overbey V. Mayor Of Baltimore: The Cost Of Silence And The Impact Of Restricting Speech In Police Brutality Settlements, Delaney E. Anderson
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.
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
The Upside Of Deep Fakes, Jessica Silbey, Woodrow Hartzog
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 …
Sexual Privacy, Danielle Keats Citron
Sexual Privacy, Danielle Keats Citron
Faculty Scholarship
Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …
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 …
Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese
Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese
Maryland Law Review Online
No abstract provided.
Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin
Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Maryland Law Review
No abstract provided.
Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin
Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
Faculty Scholarship
No abstract provided.
Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale
Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety
The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety
Journal of Business & Technology Law
No abstract provided.
Campus Safety V. Freedom Of Speech: An Evaluation Of University Responses To Problematic Speech On Anonymous Social Media, Susan Dumont
Campus Safety V. Freedom Of Speech: An Evaluation Of University Responses To Problematic Speech On Anonymous Social Media, Susan Dumont
Journal of Business & Technology Law
No abstract provided.
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
Maryland Law Review
No abstract provided.
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr
Maryland Law Review
No abstract provided.
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
Maryland Law Review Online
No abstract provided.
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks
Faculty Scholarship
No abstract provided.
HarperOoning, GRoeIng And BrownIng The First Amendment, Mark A. Graber
HarperOoning, GRoeIng And BrownIng The First Amendment, Mark A. Graber
Faculty Scholarship
No abstract provided.
The Lingering Bigotry Of State Constitution Religious Tests, Allan W. Vestal
The Lingering Bigotry Of State Constitution Religious Tests, Allan W. Vestal
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks
Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks
Faculty Scholarship
Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.
Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood
Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood
Faculty Scholarship
No abstract provided.
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith
Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith
Women, Leadership & Equality
The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician’s First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen
Journal of Business & Technology Law
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.