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Full-Text Articles in Law

Social Justice As A Necessary Guide To Public Health Disaster Response, Stephen S. Hanson Jan 2021

Social Justice As A Necessary Guide To Public Health Disaster Response, Stephen S. Hanson

Journal of Health Care Law and Policy

No abstract provided.


Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall Jan 2021

Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall

Journal of Health Care Law and Policy

No abstract provided.


The Individual Right Against Binary Identify, Colin Pochie Jun 2020

The Individual Right Against Binary Identify, Colin Pochie

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy Jun 2020

Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin Jan 2020

The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Race, Surveillance, Resistance, Chaz Arnett Jan 2020

Race, Surveillance, Resistance, Chaz Arnett

Faculty Scholarship

The increasing capability of surveillance technology in the hands of law enforcement is radically changing the power, size, and depth of the surveillance state. More daily activities are being captured and scrutinized, larger quantities of personal and biometric data are being extracted and analyzed, in what is becoming a deeply intensified and pervasive surveillance society. This reality is particularly troubling for Black communities, as they shoulder a disproportionate share of the burden and harm associated with these powerful surveillance measures, at a time when traditional mechanisms for accountability have grown weaker. These harms include the maintenance of legacies of state …


Thirty Years Later: Recalling The Gender Bias Report And Asking What's Next In The Legal Profession, Pamela J. White Jan 2020

Thirty Years Later: Recalling The Gender Bias Report And Asking What's Next In The Legal Profession, Pamela J. White

Maryland Law Review Online

No abstract provided.


Regulating The Border, Eunice Lee Jan 2020

Regulating The Border, Eunice Lee

Maryland Law Review

No abstract provided.


Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein Jan 2020

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman Jan 2020

Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero Jan 2020

Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney Jul 2018

Enforcing/Protection: The Danger Of Chevron In Refugee Act Cases, Maureen A. Sweeney

Faculty Scholarship

United States immigration courts that decide asylum cases are situated within the Justice Department – a law enforcement agency deeply invested in enforcing border control – and are subordinate to the Attorney General, the nation’s politically appointed chief law enforcement officer. This institutional subjugation of immigration judges and the Board of Immigration Appeals challenges the system’s integrity and leaves people seeking protection promised by international treaty to the whims of an enforcement agency. Courts exacerbate the problem when they give Chevron deference to those Justice Department decisions rather than reviewing them rigorously. Given the prosecutorial nature of the Justice Department, …


United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward Jul 2017

United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward

Maryland Law Review

No abstract provided.


Response To The Influence Of Exile: Three Stories, Bill Quigley Apr 2017

Response To The Influence Of Exile: Three Stories, Bill Quigley

Maryland Law Review Online

When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.

Professor Rankin’s article examines the very big picture …


Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin Jan 2017

Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin

Faculty Scholarship

No abstract provided.


The Influence Of Exile, Sara K. Rankin Nov 2016

The Influence Of Exile, Sara K. Rankin

Maryland Law Review

Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …


Sleep: A Human Rights Issue, Clark J. Lee Jan 2016

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …


Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu Dec 2015

Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu

Maryland Law Review

No abstract provided.


“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler Jun 2015

“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler

Maryland Law Review

No abstract provided.


Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman Jan 2014

Unexpected Links Between Baby Markets And Intergenerational Justice, Martha M. Ertman

Faculty Scholarship

Intergenerational justice does not require increased government regulation of reproductive technologies in the United States. Arguments tarring reproductive technologies as unnatural or immoral fail to withstand close scrutiny, and moreover ignore competing moral concerns like the liberty and equality of people to form families in different ways, as well as the interests of children born via assisted reproduction in having their families recognized just as coitally conceived children’s families are recognized. Embryo markets, in contrast, might present different challenges, requiring a separate analysis of their potential impact on intergenerational justice.


International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller Jan 2014

International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller

Maryland Law Review

No abstract provided.


The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin Jan 2013

The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin

Faculty Scholarship

This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …


American Dreams, Trafficking Nightmares, Mariana C. Minaya Jan 2013

American Dreams, Trafficking Nightmares, Mariana C. Minaya

Student Articles and Papers

Under the H-2 visa scheme, American employers rely on labor recruiters to venture abroad, find prospective employees, and commit them to an employment contract for seasonal or temporary work on American farms, construction sites, hotel staffs, and other businesses. Rogue recruiters, operating in foreign countries far from the view of their American employers or law enforcement, are in effect free to employ a variety of unscrupulous means for enticing and obtaining prospective recruits. They may lie about the nature of the work that awaits the recruits in the United States, charge them illegal fees that leave them in crushing debt, …


Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival Jan 2013

Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival

Faculty Scholarship

Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …


Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz Jan 2013

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.


Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Jan 2013

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …


Extraterritoriality And Human Rights After Kiobel, Beth Stephens Jan 2013

Extraterritoriality And Human Rights After Kiobel, Beth Stephens

Maryland Journal of International Law

No abstract provided.


Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt Jan 2013

Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt

Maryland Journal of International Law

No abstract provided.


Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker Jan 2013

Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker

Maryland Journal of International Law

No abstract provided.


The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel Jan 2013

The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel

Maryland Journal of International Law

No abstract provided.