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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 5352

Full-Text Articles in Law

Mid-Atlantic Ethics Committee Newsletter, Spring 2021 Apr 2021

Mid-Atlantic Ethics Committee Newsletter, Spring 2021

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway Jan 2021

Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway

Student Articles and Papers

No abstract provided.


Benchmark Competition, Sue S. Guan Jan 2021

Benchmark Competition, Sue S. Guan

Maryland Law Review

No abstract provided.


Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner Jan 2021

Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner

Maryland Law Review

No abstract provided.


Times They Are A-Changin': When Tech Employees Revolt!, Anat Alon-Beck Jan 2021

Times They Are A-Changin': When Tech Employees Revolt!, Anat Alon-Beck

Maryland Law Review

No abstract provided.


A Conceptual Framework For Digital-Asset Securities: Tokens And Coins As Debt And Equity, Yuliya Guseva Jan 2021

A Conceptual Framework For Digital-Asset Securities: Tokens And Coins As Debt And Equity, Yuliya Guseva

Maryland Law Review

No abstract provided.


Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt Jan 2021

Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt

Faculty Scholarship

Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness

Abstract

While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that ...


Junk Science At Sentencing, Maneka Sinha Jan 2021

Junk Science At Sentencing, Maneka Sinha

Faculty Scholarship

Junk science used in criminal trials has contributed to hundreds of wrongful convictions. But the problem is much worse than that. Junk science does not only harm criminal defendants who go to trial, but also the overwhelming majority of defendants—over ninety-five percent—who plead guilty, skip trial, and proceed straight to sentencing.

Scientific, technical, and other specialized evidence (“STS evidence”) is used regularly, and with increasing frequency, at sentencing. Despite this, Federal Rule of Evidence 702 and its state equivalents—which help filter unreliable STS evidence at trials—do not apply at the critical sentencing stage. In fact, at ...


Getting Real: The Maryland Healthcare Ethics Committee Network’S Covid‑19 Working Group Debriefs Lessons Learned, Norton Elson, Howard Gwon, Diane Hoffmann, Adam M. Kelmenson, Ahmed Khan, Joanne F. Kraus, Casmir C. Onyegwara, Gail Povar, Fatima Sheikh, Anita J. Tarzian Jan 2021

Getting Real: The Maryland Healthcare Ethics Committee Network’S Covid‑19 Working Group Debriefs Lessons Learned, Norton Elson, Howard Gwon, Diane Hoffmann, Adam M. Kelmenson, Ahmed Khan, Joanne F. Kraus, Casmir C. Onyegwara, Gail Povar, Fatima Sheikh, Anita J. Tarzian

Faculty Scholarship

No abstract provided.


Adapting Federal Regulatory Approaches To Advances In Agricultural Biotechnology, Alan Sachs Jan 2021

Adapting Federal Regulatory Approaches To Advances In Agricultural Biotechnology, Alan Sachs

Maryland Law Review Online

No abstract provided.


A Letter From The Former President Of The Republic Of China, Ma Ying-Jeou Jan 2021

A Letter From The Former President Of The Republic Of China, Ma Ying-Jeou

Maryland Journal of International Law

No abstract provided.


The Populist Challenge And The Future Of The United Nations Security Council, Jeremy Farrall Jan 2021

The Populist Challenge And The Future Of The United Nations Security Council, Jeremy Farrall

Maryland Journal of International Law

No abstract provided.


Populism, International Courts, And Women’S Human Rights, Nienke Grossman Jan 2021

Populism, International Courts, And Women’S Human Rights, Nienke Grossman

Maryland Journal of International Law

No abstract provided.


Revelation Out Of Rupture: Building Human Rights From The Bottom Up, Daniel I. Morales Jan 2021

Revelation Out Of Rupture: Building Human Rights From The Bottom Up, Daniel I. Morales

Maryland Journal of International Law

No abstract provided.


The Populist Backlash To Gender Equality In International For A: Analyzing Resistance & Response At The United Nations, Shruti Rana Jan 2021

The Populist Backlash To Gender Equality In International For A: Analyzing Resistance & Response At The United Nations, Shruti Rana

Maryland Journal of International Law

No abstract provided.


Populism, Backlash And The Ongoing Use Of The World Trade Organization Dispute Settlement System: State Responses To The Appellate Body Crisis, Imogen Saunders Jan 2021

Populism, Backlash And The Ongoing Use Of The World Trade Organization Dispute Settlement System: State Responses To The Appellate Body Crisis, Imogen Saunders

Maryland Journal of International Law

No abstract provided.


Populism’S Global Impact On Immigrants And Refugees: The Perspective Of Eritrean Refugees In Europe And In Israel, James Yap, Hilina Fessahaie, Enbal Singer Jan 2021

Populism’S Global Impact On Immigrants And Refugees: The Perspective Of Eritrean Refugees In Europe And In Israel, James Yap, Hilina Fessahaie, Enbal Singer

Maryland Journal of International Law

No abstract provided.


Cannabis Considerations For Health Care Entities, Vanessa K. Burrows Jan 2021

Cannabis Considerations For Health Care Entities, Vanessa K. Burrows

Journal of Health Care Law and Policy

No abstract provided.


The East Asian Legal Studies Program: A Legacy Will Never Be Forgotten, Chun-I Chen Jan 2021

The East Asian Legal Studies Program: A Legacy Will Never Be Forgotten, Chun-I Chen

Maryland Journal of International Law

No abstract provided.


Reminiscing Over The Years For The 35th Publication Of The Maryland Journal Of International Law, David I. Salem Jan 2021

Reminiscing Over The Years For The 35th Publication Of The Maryland Journal Of International Law, David I. Salem

Maryland Journal of International Law

No abstract provided.


A Quiet Place That Never Was (And Never Intended To Be . . . ), Andy Y. Sun Jan 2021

A Quiet Place That Never Was (And Never Intended To Be . . . ), Andy Y. Sun

Maryland Journal of International Law

No abstract provided.


The Multilateral Human Rights System: Systemic Challenge Or Healthy Contestation?, Jolyon Ford Jan 2021

The Multilateral Human Rights System: Systemic Challenge Or Healthy Contestation?, Jolyon Ford

Maryland Journal of International Law

No abstract provided.


Blue States, Red States: The United States?, Catherine Powell Jan 2021

Blue States, Red States: The United States?, Catherine Powell

Maryland Journal of International Law

No abstract provided.


Jam V. International Finance Corporation:The End Of Absolute International Organizational Sovereign Immunity And The Argument For A Functional Immunity Regime, Bryce Hollander Jan 2021

Jam V. International Finance Corporation:The End Of Absolute International Organizational Sovereign Immunity And The Argument For A Functional Immunity Regime, Bryce Hollander

Maryland Journal of International Law

No abstract provided.


The Internationalized Contract And The Populist Backlash To The Fine Print, Erick Marquina Jan 2021

The Internationalized Contract And The Populist Backlash To The Fine Print, Erick Marquina

Maryland Journal of International Law

No abstract provided.


Gamble V. United States: The Dual Sovereignty Doctrine Under The National V. International Context – What Is Sovereign To One Is Not Sovereign To The Other, Veronica Mina Jan 2021

Gamble V. United States: The Dual Sovereignty Doctrine Under The National V. International Context – What Is Sovereign To One Is Not Sovereign To The Other, Veronica Mina

Maryland Journal of International Law

No abstract provided.


Modeling Narrowest Grounds, Maxwell Stearns Jan 2021

Modeling Narrowest Grounds, Maxwell Stearns

Faculty Scholarship

The Supreme Court’s doctrinal statements governing nonmajority opinions demonstrate inconsistencies and confusion belied by the Justices’ behaviors modeling the narrowest grounds doctrine. And yet, lower courts are bound by stated doctrine, beginning with Marks v. United States, not rules of construction inferred from judicial conduct. This Article simplifies the narrowest grounds rule, reconciling doctrinal formulations with observed behaviors, avoiding the implicit command: “Watch what we do, not what we say.”

The two most recent cases considering Marks, Ramos v. Louisiana and Hughes v. United States, obfuscate three central features: (1) when the doctrine does or does not apply; (2 ...


State Competition For Corporate Headquarters And Corporate Law: An Empirical Anaylsis, Jens Dammann Jan 2021

State Competition For Corporate Headquarters And Corporate Law: An Empirical Anaylsis, Jens Dammann

Maryland Law Review

No abstract provided.


Deciphering Property Insurers’ Indemnification Obligations After Disasters, Pandemics And Business Interruption Losses: An Analysis Of State Supreme Courts And Federal Circuits’ Declaratory Judgments, Willy E. Rice Jan 2021

Deciphering Property Insurers’ Indemnification Obligations After Disasters, Pandemics And Business Interruption Losses: An Analysis Of State Supreme Courts And Federal Circuits’ Declaratory Judgments, Willy E. Rice

Journal of Business & Technology Law

No abstract provided.


Who Owns The Blockchain? How Copyright Law Allows Rights Holders To Control Blockchains, Sebastian Pech Jan 2021

Who Owns The Blockchain? How Copyright Law Allows Rights Holders To Control Blockchains, Sebastian Pech

Journal of Business & Technology Law

No abstract provided.