Law Commons^™

Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman

Faculty Scholarship

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2023

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Situating Dobbs, Paula A. Monopoli

Faculty Scholarship

The recent decision in Dobbs v. Jackson Women’s Health has been characterized as an outlier because its effect is to erase a previously recognized constitutional right. This paper situates Dobbs in a broader feminist constitutional history. It asks if this retrenchment is really such a unique turn in American jurisprudence when it comes to protections or “rights” that matter most to women’s lived experience. The paper argues that if one opens the aperture of constitutional history to embrace a more capacious view of rights, those afforded to women have often been eroded or erased by state legislatures, Congress, and courts. …

Feminist Legal History And Legal Pedagogy, Paula A. Monopoli

Faculty Scholarship

Women are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications …

Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …

Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt

Faculty Scholarship

There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …

Perspective: Women, Democracy, And The Pandemic, Paula Monopoli

Maryland Carey Law

No abstract provided.

Contract's Influence On Feminism And Vice Versa, Martha M. Ertman

Faculty Scholarship

Feminist legal theory has both embraced and rejected contract. While contract-based conceptual and doctrinal tools have improved women’s economic and social status, feminists also critique contract-based reforms for colluding with hierarchies of gender, race and class. This chapter charts influential work on both sides of the contract debate and identifies a third approach that sees contract as a mechanism for law to move away from a hierarchal regime by stopping at a contractual way station en route to a more equal system of public ordering. It concludes by identifying ways that feminist legal theorists have injected feminist insights into traditional …

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.

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

Journal of Health Care Law and Policy

No abstract provided.

Artificial Intelligence & Algorithmic Bias: The Issues With Technology Reflecting History & Humans, Maya C. Jackson

Journal of Business & Technology Law

No abstract provided.

“Trapped” In A Public Health Emergency: How Abortion Restrictions During The Covid-19 Pandemic Mirror Earlier Attacks On The Abortion Right And How Judicial Review Failed To Protect It, Nancy L. Dordal

Maryland Law Review

No abstract provided.

Ending The War Against Sex Work: Why It's Time To Decriminalize Prostitution, Linda S. Anderson

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

No abstract provided.

Less Talk, More Action: How Law Schools Can Counteract Racial Bias Of Lsat Scores In The Admissions Process, Latasha Hill

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

No abstract provided.

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

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

No abstract provided.

Program For Advancing Equal Access To Justice By Challenging Gender Bias In The Legal Profession: What’S Next?, Women's Bar Association Of Maryland, University Of Maryland Carey School Of Law’S Moser Ethics In Action Initiative, University Of Maryland Carey School Of Law’S Women Leadership And Equality Program

2020: Challenging Gender Bias in the Legal Profession

No abstract provided.

Women, Democracy, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

This paper explores the status of women’s participation in our democracy, in response to both the commemoration of the Nineteenth Amendment’s centennial and the deep misogyny aimed at women holding formal political power during the current pandemic. The paper explores the connection between constitutional design and the level of women's participation in democratic governance. It suggests that the robust participation of women in our democracy is not only morally right, but that such parity is central to both the legitimacy of the state and its continued existence. The paper begins by describing the state of women’s participation in formal and …

Education Is The Most Appropriate Response To The Phenomenon Of Voluntary Teen Sexting, The Erin Levitas Initative For Sexual Assault Prevention

C-DRUM Publications

No abstract provided.

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.

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

2020: Challenging Gender Bias in the Legal Profession

No abstract provided.

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.

Ectogenesis: Is There A Constitutional Right To Substrate-Independent Wombs?, Brit Janeway Benjamin

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

No abstract provided.

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Maryland Law Review

No abstract provided.

Abortion-Related Disclosures And How The Maryland General Assembly Can Institute A Novel And Innovative Pregnancy Disclosure, Mary L. Scott

Maryland Law Review Online

No abstract provided.

The First And The Only, Michele Wojciechowski

Maryland Carey Law

No abstract provided.

The Constitutional Development Of The Nineteenth Amendment In The Decade Following Ratification, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Equal Work, Stephanie Bornstein

Maryland Law Review

Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually …

Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

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 …