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University of Maryland Francis King Carey School of Law

2009

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Articles 181 - 210 of 226

Full-Text Articles in Law

Like A Hole In The Head, Lief H. Carter Jan 2009

Like A Hole In The Head, Lief H. Carter

Maryland Law Review

No abstract provided.


Culture, Religion, And Indigenous People, David Bogen, Leslie F. Goldstein Jan 2009

Culture, Religion, And Indigenous People, David Bogen, Leslie F. Goldstein

Maryland Law Review

No abstract provided.


Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark Jan 2009

Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Whistleblowing Attorneys And Ethical Infrastructures, Alex B. Long Jan 2009

Whistleblowing Attorneys And Ethical Infrastructures, Alex B. Long

Maryland Law Review

No abstract provided.


Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller Jan 2009

Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller

Maryland Law Review

No abstract provided.


Is There A Paradox In Amending A Sacred Text?, Beau Breslin Jan 2009

Is There A Paradox In Amending A Sacred Text?, Beau Breslin

Maryland Law Review

No abstract provided.


Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas Jan 2009

Asbestos Fraud Should Lead To Fairness: Why Congress Should Enact The Fairness In Asbestos Injury Resolution Act, Elise Gelinas

Maryland Law Review

No abstract provided.


Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr. Jan 2009

Biblical Interpretation, Constitutional Interpretation, And Ignoring Text, Henry L. Chambers Jr.

Maryland Law Review

No abstract provided.


Skull Valley Crossroads: Reconciling Native Sovereignty And The Federal Trust, Lincoln L. Davies Jan 2009

Skull Valley Crossroads: Reconciling Native Sovereignty And The Federal Trust, Lincoln L. Davies

Maryland Law Review

No abstract provided.


Last Best Chance For The Great Writ: Equitable Tolling And Federal Habeas Corpus, Anne R. Traum Jan 2009

Last Best Chance For The Great Writ: Equitable Tolling And Federal Habeas Corpus, Anne R. Traum

Maryland Law Review

No abstract provided.


Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz Jan 2009

Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, And Political Interference Cripple The 'Protector Agencies', Sidney A. Shapiro, Rena I. Steinzor, Matthew Shudtz

Faculty Scholarship

In the last several years, dramatic failures of the nation’s food safety system have sickened or killed tens of thousands of Americans, and caused billions of dollars of damages for producers and distributors of everything from fresh vegetables to granola bars and hamburger meat. In each case, the outbreak of food-borne illness triggered what can only be described as a frantic scramble by health officials to discover its source. Inevitably, the wrong lead is followed or a recall is too late or too narrow to prevent further illnesses, and the government has to defend itself against withering criticism. Americans expect …


The New Private Ordering Of Intellectual Property, Lawrence M. Sung Jan 2009

The New Private Ordering Of Intellectual Property, Lawrence M. Sung

Journal of Business & Technology Law

No abstract provided.


Medimmune V. Genentec, Kelly Casey Mullally, Gregory Castanias, Franklin E. Gibbs Jan 2009

Medimmune V. Genentec, Kelly Casey Mullally, Gregory Castanias, Franklin E. Gibbs

Journal of Business & Technology Law

No abstract provided.


Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau Jan 2009

Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau

Journal of Business & Technology Law

No abstract provided.


Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.: Views From The Academy, The Bar, And The Bench. Introduction Jan 2009

Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.: Views From The Academy, The Bar, And The Bench. Introduction

Journal of Business & Technology Law

No abstract provided.


In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung Jan 2009

In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung

Journal of Business & Technology Law

No abstract provided.


The Future Of Securities Litigation, Richard A. Booth Jan 2009

The Future Of Securities Litigation, Richard A. Booth

Journal of Business & Technology Law

No abstract provided.


The Diminishing Role Of The Private Attorney General In Antitrust And Securities Class Action Cases Aided By The Supreme Court, Carl W. Hittinger, Jarod M. Bona Jan 2009

The Diminishing Role Of The Private Attorney General In Antitrust And Securities Class Action Cases Aided By The Supreme Court, Carl W. Hittinger, Jarod M. Bona

Journal of Business & Technology Law

No abstract provided.


Storetrax.Com, Inc. V. Gurland: An Unnecessarily Broad Rule That Could Adversely Affect A Corporation's Shareholders, Julie M. Dietrick Jan 2009

Storetrax.Com, Inc. V. Gurland: An Unnecessarily Broad Rule That Could Adversely Affect A Corporation's Shareholders, Julie M. Dietrick

Journal of Business & Technology Law

No abstract provided.


Weber V. U.S. Sterling Securities, Inc.: Contracting The Liability Shield For Members Of Delaware Limited Liability Companies, Marios J. Monopolis Jan 2009

Weber V. U.S. Sterling Securities, Inc.: Contracting The Liability Shield For Members Of Delaware Limited Liability Companies, Marios J. Monopolis

Journal of Business & Technology Law

No abstract provided.


The Subprime Meltdown: Causes, Consequences, And Solutions Jan 2009

The Subprime Meltdown: Causes, Consequences, And Solutions

Journal of Business & Technology Law

No abstract provided.


The Legacy Of Deregulation And The Financial Crisis: Linkages Between Deregulation In Labor Markets, Housing Finance Markets, And The Broader Financial Markets, Damon Silvers, Heather Slavkin Jan 2009

The Legacy Of Deregulation And The Financial Crisis: Linkages Between Deregulation In Labor Markets, Housing Finance Markets, And The Broader Financial Markets, Damon Silvers, Heather Slavkin

Journal of Business & Technology Law

No abstract provided.


Reflections On State Regulation: A Lesson Of The Economic Turmoil Of 2007-2009 , Ralph S. Tyler, Karen Stakem Hornig Jan 2009

Reflections On State Regulation: A Lesson Of The Economic Turmoil Of 2007-2009 , Ralph S. Tyler, Karen Stakem Hornig

Journal of Business & Technology Law

No abstract provided.


Predatory Lending: What Will Stop It?, Hirsh Ament Jan 2009

Predatory Lending: What Will Stop It?, Hirsh Ament

Journal of Business & Technology Law

No abstract provided.


The Fourth Amendment's New Frontier: Judicial Reasoning Applying The Fourth Amendment To Electronic Communications, Amanda Yellon Jan 2009

The Fourth Amendment's New Frontier: Judicial Reasoning Applying The Fourth Amendment To Electronic Communications, Amanda Yellon

Journal of Business & Technology Law

No abstract provided.


Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman Jan 2009

Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman

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

No abstract provided.


Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson Jan 2009

Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson

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

No abstract provided.


Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power Jan 2009

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Faculty Scholarship

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …


Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Jan 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed …


The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival Jan 2009

The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival

Faculty Scholarship

With the global growth of public concern about environmental issues over the last several decades, environmental legal norms have become increasingly internationalized. This development has been reflected both in the surge of international environmental agreements as well as the growth and increased sophistication of national environmental legal systems around the world. The result is the emergence of a set of legal principles and norms regarding the environment, such that one can arguably describe it as a body of law. After exploring the diverse forces that are contributing to the emergence of what we call “global environmental law,” this Article considers …