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Articles 1 - 30 of 31
Full-Text Articles in Law
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
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 …
Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian
Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian
Court Briefs
No abstract provided.
Singled Out, Michael Pappas
Singled Out, Michael Pappas
Maryland Law Review
David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?
Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.
However, courts and scholars have yet to critically examine the concept of singling-out, and …
Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Faculty Scholarship
No abstract provided.
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Maryland Law Review
No abstract provided.
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Maryland Law Review
No abstract provided.
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Faculty Scholarship
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers, Peter A. Holland
Junk Justice: A Statistical Analysis Of 4,400 Lawsuits Filed By Debt Buyers, Peter A. Holland
Faculty Scholarship
Debt buyers have flooded courts nationwide with collection lawsuits against consumers. This article reports the findings from the broadest in-depth study of debt buyer litigation outcomes yet undertaken. The study demonstrates that in debt buyer cases, (1) the vast majority of consumers lose the vast majority of cases by default the vast majority of the time; (2) consumers had no lawyer in ninety-eight percent of the cases; and (3) those who filed a notice that they intended to defend themselves without an attorney fared poorly, both in court and in out of court settlements.
This study challenges the notion that …
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Prisoners And Habeas Privileges Under The Fourteenth Amendment, Lee B. Kovarsky
Faculty Scholarship
The U.S. Reports contain no answer to a million-dollar question: are state prisoners constitutionally entitled to a federal habeas forum? The Supreme Court has consistently ducked the basic constitutional issue, and academic work on the question idles on familiar themes.
The strongest existing argument that state prisoners are constitutionally entitled to a federal habeas forum involves a theory of incorporation under the Fourteenth Amendment’s Due Process Clause. I provide a new and different account: specifically, that the Fourteenth Amendment’s Privileges and Immunities Clause (“PI Clause”) guarantees a habeas privilege as a feature of national citizenship, and that the corresponding habeas …
More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster
More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster
Faculty Scholarship
In striking down the use of victim impact evidence (VIE) during the penalty phase of a capital trial, the Supreme Court in Booth v. Maryland and South Carolina v. Gathers argued that such testimony would appeal to the emotions of jurors with the consequence that death sentences would not be based upon a reasoned consideration of the blameworthiness of the offender. After a change in personnel, the Court overturned both decisions in Payne v. Tennessee, decided just two years after Gathers. The majority in Payne were decidedly less concerned with the emotional appeal of VIE, arguing that it would only …
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Perry V. New Hampshire: Abandoning The Supreme Court's Fundamental Concern With Eyewitness Reliability, Shaun Gates
Maryland Law Review
No abstract provided.
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman
University of Maryland Law Journal of Race, Religion, Gender and Class
"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.
A Time For Change: Why The Msm Lifetime Deferral Policy Should Be Amended, Vianca Diaz
A Time For Change: Why The Msm Lifetime Deferral Policy Should Be Amended, Vianca Diaz
University of Maryland Law Journal of Race, Religion, Gender and Class
"A Time for Change: Why the MSM Lifetime Deferral Policy Should be Amended," discusses the need to amend the men who have sex with men (MSM) Lifetime Deferral to blood donations enforced by the Food and Drug Administration. This comment reviews the current policy within the current legal and cultural landscape and argues for the immediate need for reform.
Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland
Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland
Faculty Scholarship
Junk debt buyer lawsuits have overwhelmed the courts all across the United States. These lawsuits wreak havoc on consumers and their families. Often overlooked is the fact that judgments against consumers which are based on junk debt are part of a zero sum game, where every bogus judgment deprives a legitimate creditor of the chance to get paid from scarce resources. Thus, the legitimate creditor to whom money is owed is materially harmed by the junk debt buyer who extracts money based on an illegitimate claim, or who causes someone to declare bankruptcy. Providing representation to this otherwise unrepresented population …
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
The Constitutional Foundation For Federal Medical Liability Reform, Mark A. Behrens, Cary Silverman
Journal of Health Care Law and Policy
No abstract provided.
The One Hundred Billion Dollar Problem In Small Claims Court: Robo-Signing And Lack Of Proof In Debt Buyer Cases, Peter A. Holland
The One Hundred Billion Dollar Problem In Small Claims Court: Robo-Signing And Lack Of Proof In Debt Buyer Cases, Peter A. Holland
Faculty Scholarship
Recent years have seen the rise of a new industry which has clogged the dockets of small claims courts throughout the country. It is known as the "debt buyer" industry. Members of this $100 billion per year industry exist for no reason other than to purchase consumer debt which others have already deemed uncollectable, and then try to succeed in collecting where others have failed. Debt buyers pay pennies on the dollar for this charged off debt, and then seek to collect, through hundreds of thousands of lawsuits, the full face value of the debt. The emergence and vitality of …
Public Health Law As Administrative Law: Example Lessons, Edward P. Richards
Public Health Law As Administrative Law: Example Lessons, Edward P. Richards
Journal of Health Care Law and Policy
No abstract provided.
The State Due Process Justification For A Right To Counsel In Some Civil Cases, Michael A. Millemann
The State Due Process Justification For A Right To Counsel In Some Civil Cases, Michael A. Millemann
Faculty Scholarship
No abstract provided.
Rankings, Reductionism, And Responsibility, Frank Pasquale
Rankings, Reductionism, And Responsibility, Frank Pasquale
Faculty Scholarship
After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment on …
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson
Faculty Scholarship
Child services caseworkers adhere to the belief that, in the absence of prosecution, the only remedy for protecting a child harmed by a parent is to remove the child from her home. The effect of this often is to leave the alleged perpetrator in the household with the victim's siblings. Using sexual violence as an example, this Comment contends the evidence of potential risk for the remaining children is so overwhelming that, as a matter of policy, an adult who violates one child should be removed from the household. Parents who commit incest rarely stop with one child. Ignoring such …
Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia
Immigration: Mind Over Matter, Shoba Sivaprasad Wadhia
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent
Towards Balancing A New Immigration And Nationality Act: Enhanced Immigration Enforcement And Fair, Humane And Cost-Effective Treatment Of Aliens, Christopher Nugent
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Aids And Adolescents, Rhonda Gay Hartman
Aids And Adolescents, Rhonda Gay Hartman
Journal of Health Care Law and Policy
No abstract provided.
Bmw Of North America, Inc. V. Gore: Elevating Reasonableness In Punitive Damages To A Doctrine Of Substantive Due Process, Son B. Nguyen
Bmw Of North America, Inc. V. Gore: Elevating Reasonableness In Punitive Damages To A Doctrine Of Substantive Due Process, Son B. Nguyen
Maryland Law Review
No abstract provided.
The Due Process Rights Of Postjudgment Debtors And Child Support Obligors, Diana Gribbon Motz, Andrew H. Baida
The Due Process Rights Of Postjudgment Debtors And Child Support Obligors, Diana Gribbon Motz, Andrew H. Baida
Maryland Law Review
No abstract provided.
Balancing Almost Two Hundred Years Of Economic Policy Against Contemporary Due Process Standards - Mechanics' Liens In Maryland After Barry Properties, Kenneth B. Frank, George W. Mcmanus Jr.
Balancing Almost Two Hundred Years Of Economic Policy Against Contemporary Due Process Standards - Mechanics' Liens In Maryland After Barry Properties, Kenneth B. Frank, George W. Mcmanus Jr.
Maryland Law Review
No abstract provided.
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Toward A Probable Cause Standard In Sentencing: Nickens V. State
Maryland Law Review
No abstract provided.
Prison Disciplinary Hearings And Procedural Due Process - The Requirement Of A Full Administrative Hearing, Michael A. Millemann
Prison Disciplinary Hearings And Procedural Due Process - The Requirement Of A Full Administrative Hearing, Michael A. Millemann
Maryland Law Review
No abstract provided.
The Degree Of Nondisclosed Evidence Sufficiently Exculpatory To Constitute A Denial Of Due Process - State V. Giles
Maryland Law Review
No abstract provided.
Successive Criminal Trials In The State Courts As A Due Process Problem - Hoag V. New Jersey And Ciucci V. Illinois, Norman E. Burke
Successive Criminal Trials In The State Courts As A Due Process Problem - Hoag V. New Jersey And Ciucci V. Illinois, Norman E. Burke
Maryland Law Review
No abstract provided.