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Full-Text Articles in Law

Turning Participation Into Power: A Water Justice Case Study, Jaime A. Lee Aug 2022

Turning Participation Into Power: A Water Justice Case Study, Jaime A. Lee

All Faculty Scholarship

This Article offers a revamped model of participatory governance—the Constituent Empowerment Model (CE Model)—which affirmatively shifts power to the voices of marginalized constituents so that they can influence governmental policy. The CE Model focuses on three concepts necessary to produce this shift in power to those who are traditionally unheard: operationalized (feasibly realized) participation; constituent primacy; and structural accountability. To illustrate how a CE system might be constructed, this Article examines a model recently adopted in the city of Baltimore, Maryland, that is designed to shift the balance of power between the water utility and its customers. Baltimore ...


Empire And Politics In Eastern And Western Civilizations, Mortimer N.S. Sellers Jun 2022

Empire And Politics In Eastern And Western Civilizations, Mortimer N.S. Sellers

All Faculty Scholarship

To speak of “empire” today is to evoke the history of China and of Rome, two great empires that vastly influenced the culture and development of half the globe. The whole world has been touched by their powerful examples, so that even someone writing, as I do, in a distant corner of North America, feels the history and influence of the Roman and Chinese empires every day. Nor are they unique. Something like “empire” has arisen wherever there was wealth and stability to support it. Rome and China had numerous rivals in the East and West who aspired to empire ...


How Algorithm-Assisted Decision Making Is Influencing Environmental Law And Climate Adaptation, Sonya Ziaja May 2022

How Algorithm-Assisted Decision Making Is Influencing Environmental Law And Climate Adaptation, Sonya Ziaja

All Faculty Scholarship

Algorithm-based decision tools in environmental law appear policy neutral
but embody bias and hidden values that affect equity and democracy. In effect,
algorithm-based tools are new fora for law and policymaking, distinct from
legislatures and courts. In turn, these tools influence the development and
implementation of environmental law and regulation. As a practical matter,
there is a pressing need to understand how these automated decision-making
tools interact with and influence law and policy. This Article begins this timely
and critical discussion.

After introducing the challenge of adapting water and energy systems to
climate change, this Article synthesizes prior multidisciplinary work ...


University Of Baltimore Law Review, Volume 51, Issue 2, Spring 2022 Apr 2022

University Of Baltimore Law Review, Volume 51, Issue 2, Spring 2022

University of Baltimore Law Review

No abstract provided.


The Case For Requiring Federal Law Enforcement Agents To Wear Identifying Insignias: Progress Made And Next Steps, Josh Gehret Apr 2022

The Case For Requiring Federal Law Enforcement Agents To Wear Identifying Insignias: Progress Made And Next Steps, Josh Gehret

University of Baltimore Law Review

No abstract provided.


Eviction Moratorium Litigation: What Courts Said, And What Courts Missed, Nino C. Monea Apr 2022

Eviction Moratorium Litigation: What Courts Said, And What Courts Missed, Nino C. Monea

University of Baltimore Law Review

No abstract provided.


A Tale Of Transformation: The Non-Delegation Doctrine And Judicial Deference, Ilaria Di Gioia Apr 2022

A Tale Of Transformation: The Non-Delegation Doctrine And Judicial Deference, Ilaria Di Gioia

University of Baltimore Law Review

No abstract provided.


Renting While Poor: How Rent Escrow Violates Tenants’ Due Process Rights, Celia Feldman Apr 2022

Renting While Poor: How Rent Escrow Violates Tenants’ Due Process Rights, Celia Feldman

University of Baltimore Law Review

No abstract provided.


Me, Myself And My Digital Double: Extending Sara Greene’S Stealing (Identity) From The Poor To The Challenges Of Identity Verification, Michele E. Gilman Mar 2022

Me, Myself And My Digital Double: Extending Sara Greene’S Stealing (Identity) From The Poor To The Challenges Of Identity Verification, Michele E. Gilman

All Faculty Scholarship

Identity is an essential part of the human condition. When one’s identity is stolen or when a state rejects a citizen’s identity, the consequences can be devastating to one’s notion of selfhood as well as undermine their economic security. In Stealing (Identity) from the Poor, Sara Greene explores the serious harms suffered by low-income people who are victimized by identity theft. She explains that our plutocratic regime of identity theft laws serves the interests of wealthier Americans at the expense of those experiencing poverty.

This Essay extends Greene’s analysis and framing to the harms of identity ...


Megacorporations Are Jacking Up Prices 'Because They Can,' Pushing Red-Hot Inflation To Historic Levels, Robert H. Lande Feb 2022

Megacorporations Are Jacking Up Prices 'Because They Can,' Pushing Red-Hot Inflation To Historic Levels, Robert H. Lande

All Faculty Scholarship

This article argues that corporations may be taking advantages of supply chain bottlenecks and shortages to collude and raise prices illegally. Although price fixing is illegal, the current levels of penalties are far too low. This gives firms an incentive to collude. Before the pandemic, when inflation was low, consumers and the antitrust enforcers would have been more likely to notice any sudden price increases and investigate whether they were caused by collusion. But using bottlenecks and shortages as cover, companies can take advantage of their years of consolidation and collude more easily with less chance of it being detected ...


Discharged And Discarded: The Collateral Consequences Of A Less-Than-Honorable Discharge, Hugh Barrett Mcclean Dec 2021

Discharged And Discarded: The Collateral Consequences Of A Less-Than-Honorable Discharge, Hugh Barrett Mcclean

All Faculty Scholarship

Between 2011 and 2015, 57,141 soldiers, sailors, and airmen were separated from service with less-than-honorable (LTH) discharges for mi­nor misconduct related to mental health problems. These discharges dis­proportionately affected servicemembers of color. These veterans and others like them face daunting reintegration challenges when they return to civilian society, as federal agencies and state governments deny them the benefits that usually facilitate a veteran’s smooth transition to civilian society. This Essay adds to the scholarly discourse on military discharges by comparing these veterans’ plight to that of persons arrested or convicted of criminal offenses, who also suffer ...


Asking The Menstruation Question To Achieve Menstrual Justice, Margaret E. Johnson Nov 2021

Asking The Menstruation Question To Achieve Menstrual Justice, Margaret E. Johnson

All Faculty Scholarship

Menstruation is a situs of discrimination, oppression, harassment, and microaggression. Employers fire workers for bleeding and experiencing period pain. Schools control menstruating students’ access to bathrooms, products, and menstrual education. Prisons control their residents’ free access to menstrual products. There are both “obvious and non-obvious relationships” between menstrual discrimination and discrimination on the basis of race, gender, class, gender identity, and disability. This Essay suggests we ask the “menstruation question” as part of our examination of all forms of intersectional oppressions and to achieve menstrual justice. For example, if we see something racist, we should ask “where is the menstrual ...


Designing Nonrecognition Rules Under The Internal Revenue Code, Fred B. Brown Nov 2021

Designing Nonrecognition Rules Under The Internal Revenue Code, Fred B. Brown

All Faculty Scholarship

Nonrecognition rules are a prominent feature of the income tax laws and are a source of considerable complexity and tax planning. Included among the nonrecognition rules contained in the Internal Revenue Code are provisions applying to like kind exchanges, corporate formations, corporate reorganizations, parent-subsidiary liquidations, and partnership formations and distributions. The policies that arguably support the nonrecognition rules include the familiar trio of tax policy concerns—efficiency, equity, and tax administration. None of these policies, however, provide a strong basis for most of the nonrecognition rules as currently formulated. The efficiency case generally lacks evidentiary support. The equity case is ...


Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper Nov 2021

Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper

All Faculty Scholarship

This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through ...


Materializing President Biden’S “Clean Energy Revolution” Through Federal Land Acquisitions, Lisa Blitstein Oct 2021

Materializing President Biden’S “Clean Energy Revolution” Through Federal Land Acquisitions, Lisa Blitstein

University of Baltimore Law Review

No abstract provided.


Lifting The Veil By Covering It: European Prohibitions On The Practice Of Veiling Constitute The Forced Covering Of Muslim Women, C. Scott Maravilla Oct 2021

Lifting The Veil By Covering It: European Prohibitions On The Practice Of Veiling Constitute The Forced Covering Of Muslim Women, C. Scott Maravilla

University of Baltimore Law Review

No abstract provided.


University Of Baltimore Law Review, Volume 51, Issue 1, Fall 2021 Oct 2021

University Of Baltimore Law Review, Volume 51, Issue 1, Fall 2021

University of Baltimore Law Review

No abstract provided.


Unmasking The Nineteenth Amendment Centennial Through The Pandemic Lenses Of Liberty, Loss, Masculinity, And Leadership, Jamie R. Abrams Oct 2021

Unmasking The Nineteenth Amendment Centennial Through The Pandemic Lenses Of Liberty, Loss, Masculinity, And Leadership, Jamie R. Abrams

University of Baltimore Law Review

No abstract provided.


Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn Oct 2021

Bringing Judaism Downtown: A Smart Growth Policy For Orthodox Jews, Michael Lewyn

University of Baltimore Law Review

No abstract provided.


An Incentive For Truth In Influencer Advertising: Enhancing Reporting By Awarding Consumers For Information That Leads To A Successful Enforcement Action, Julianna Felkoski Oct 2021

An Incentive For Truth In Influencer Advertising: Enhancing Reporting By Awarding Consumers For Information That Leads To A Successful Enforcement Action, Julianna Felkoski

University of Baltimore Law Review

No abstract provided.


The Authoritative Text As Imperative To Comprehensibility Of Legislation, James Maxeiner Sep 2021

The Authoritative Text As Imperative To Comprehensibility Of Legislation, James Maxeiner

All Faculty Scholarship

The most understandable of texts is of little use as law if it is not clear that it is authoritative. This is the comparative lesson of this essay. American law is—Americans say—indeterminate. American law is indeterminate because American texts, clear as they may be in wording, often are not authoritative; other texts apply too and may be inconsistent. German law is rarely indeterminate in this sense.

This essay identifies in bullet-points some comparative aspects of clarity of American and German law. Why is American law indeterminate? Why is German law not? What, if anything, do these differences counsel ...


A More Just, Inclusive Future For Sports, Dionne L. Koller Aug 2021

A More Just, Inclusive Future For Sports, Dionne L. Koller

All Faculty Scholarship

This issue of the Journal of Legal Aspects of Sport (JLAS) was dedicated to women in sports law, with a specific emphasis on inclusiveness and new ideas. For decades, the central focus of the law and policy directed to women and sports was Title IX enforcement and securing opportunities for participation. As we approach Title IX’s 50th anniversary, it is clear that the law has greatly expanded participation opportunities for women and powerfully altered the norms around women and sports. Nevertheless, much work remains. Women and girls still do not enjoy the full measure of equality that Title IX ...


Climate And Transportation Policy Sequencing In California And Quebec, Sonya Ziaja, Mark Purdon, Julie Witcover, Colin Murphy, Mark Winfield, Genevieve Giuliano, Charles Séguin, Colleen Kaiser, Jacques Papy, Lewis Fulton Aug 2021

Climate And Transportation Policy Sequencing In California And Quebec, Sonya Ziaja, Mark Purdon, Julie Witcover, Colin Murphy, Mark Winfield, Genevieve Giuliano, Charles Séguin, Colleen Kaiser, Jacques Papy, Lewis Fulton

All Faculty Scholarship

We compare flexible low-carbon regulations in the transportation sector and their interaction and sequencing with greenhouse gas emissions trading systems in California and Quebec. As momentum builds for greater climate action, it is necessary to better understand how carbon markets and other low-carbon transportation policies influence one another. First, we demonstrate that emissions trading between California and Quebec has been asymmetric, with linking having little influence on carbon prices from California's perspective but leading to a considerable cost reduction from the point of view of Quebec. Second, we present evidence that Quebec has replicated many of California's low-carbon ...


Student Demands: How Should Law Schools And Their Deans Respond?, Ronald Weich Jul 2021

Student Demands: How Should Law Schools And Their Deans Respond?, Ronald Weich

All Faculty Scholarship

Law students are sometimes caricatured as money-hungry careerists, merely punching their ticket to an outsized law firm salary. Those of us in legal education know that stereotype is entirely invalid. In fact, most students come to law school because they want to make the world a better place.

The death of George Floyd in police custody on a Minneapolis street corner in May 2020 shocked the conscience of the nation. Unsurprisingly, many law students were moved to action and inspired to put their nascent legal skills to work in support of racial justice. Much of their advocacy focused on campaigns ...


Republicanism: Philosophical Aspects | Republicanismo: Aspectos Filosóficos, Mortimer N.S. Sellers Jul 2021

Republicanism: Philosophical Aspects | Republicanismo: Aspectos Filosóficos, Mortimer N.S. Sellers

All Faculty Scholarship

Republicanism is the doctrine that public power should always serve the common good of all those subject to its rule. This raises the question how to do so most effectively, either through particular policies or through constitutional structure (“the republican form of government”). The republican philosophical tradition began with Plato and Aristotle, flowered in the writings of Marcus Tullius Cicero, and reappeared with the revival of learning in such authors as Machiavelli, James Harrington, John Adams, and Immanuel Kant. More recently Philip Pettit, Jürgen Habermas, and others have returned to the republican conception of liberty as nondomination, and how to ...


My Family Belongs To Me: A Child’S Constitutional Right To Family Integrity, Shanta Trivedi Jul 2021

My Family Belongs To Me: A Child’S Constitutional Right To Family Integrity, Shanta Trivedi

All Faculty Scholarship

Every day in the United States, the government separates children from their parents based on their parents’ immigration status, incarceration, or involvement in the child welfare system—and the children have no say in the matter. The majority of these families are racial minorities and economically underprivileged.

Under current law, children’s ability to assert a constitutional right to keep their families free from government intrusion is not always apparent. This is in part because a single piece of Supreme Court dicta has muddied an otherwise clear family integrity doctrine, and many federal circuits are silent on the issue. Further ...


The Rule Of Law: A Necessary Pillar Of Free And Democratic Societies For Protecting Human Rights, John Bessler Jun 2021

The Rule Of Law: A Necessary Pillar Of Free And Democratic Societies For Protecting Human Rights, John Bessler

All Faculty Scholarship

This essay traces the history and development of the concept of the Rule of Law from ancient times through the present. It describes the elements of the Rule of Law and its importance to the protection of human rights in a variety of contexts, including under domestic and international law. From ancient Greece and Rome to the Enlightenment, and from the American and French Revolutions to modern times, the Rule of Law has played a key role in societies around the world. The essay discusses definitions of the Rule of Law, its origins, and its development over time, including in ...


Recent Developments: American Radiology Services, Llc V. Reiss, Alexa Mellis May 2021

Recent Developments: American Radiology Services, Llc V. Reiss, Alexa Mellis

University of Baltimore Law Forum

No abstract provided.


University Of Baltimore Law Forum, Volume 51, Issue 2 (Spring 2021) May 2021

University Of Baltimore Law Forum, Volume 51, Issue 2 (Spring 2021)

University of Baltimore Law Forum

No abstract provided.


Maryland’S Environmental And Legal Trend Away From A Plastic Packaging Consumer Culture To A More Sustainable Solution, Michael Hart May 2021

Maryland’S Environmental And Legal Trend Away From A Plastic Packaging Consumer Culture To A More Sustainable Solution, Michael Hart

University of Baltimore Law Forum

No abstract provided.