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Articles 1 - 30 of 78
Full-Text Articles in Law
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.
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
Maryland Law Review
No abstract provided.
The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn
Maryland Law Review
No abstract provided.
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff
Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff
Maryland Law Review
No abstract provided.
In Praise Of Bill Reynolds And Paul Blair, William M. Richman
In Praise Of Bill Reynolds And Paul Blair, William M. Richman
Maryland Law Review
No abstract provided.
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
Maryland Law Review
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano
Neuro Lie Detection And Mental Privacy, Madison Kilbride, Jason Iuliano
Maryland Law Review
New technologies inevitably raise novel legal questions. This is particularly true of technologies, such as neuro lie detection, that offer new ways to investigate crime. Recently, a number of scholars have asked whether neuro lie detection testing is constitutional. So far, the debate has focused on the Fifth Amendment—specifically whether evidence gathered through neuro lie detection is constitutionally admissible because it is “physical” in nature or inadmissible because it is “testimonial” in nature. Under current Supreme Court doctrine, this Fifth Amendment debate is intractable. However, the more fundamental question of whether the government can compel individuals to undergo a neuro …
Legal Epistemologies, Howard Schweber
Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton
Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton
Maryland Law Review
No abstract provided.
Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington
Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington
Maryland Law Review
No abstract provided.
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
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.
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr
Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr
Maryland Law Review
No abstract provided.
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
Maryland Law Review
The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
Maryland Law Review
No abstract provided.
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer
Maryland Law Review
No abstract provided.
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Maryland Law Review
No abstract provided.
Gore Enterprise Holdings, Inc. V. Comptroller Of The Treasury: A Missed Opportunity To Remedy Maryland’S Disconnected Taxation Policy And Inimical Corporate Atmosphere, Skylar Ludwick
Maryland Law Review
No abstract provided.
“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler
“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler
Maryland Law Review
No abstract provided.
Unfair And Deceptive Robots, Woodrow Hartzog
Unfair And Deceptive Robots, Woodrow Hartzog
Maryland Law Review
No abstract provided.
The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough
The Fda, Congress, And Mobile Health Apps: Lessons From Dshea And The Regulation Of Dietary Supplements, Natalie R. Bilbrough
Maryland Law Review
No abstract provided.
Disruption And Deference, Olivier Sylvain
Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said
Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said
Maryland Law Review
No abstract provided.
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer
When An Ex Can Take It All: The Effect—And Non-Effect—Of Revocation On A Will Post-Divorce, Molly Brimmer
Maryland Law Review
No abstract provided.
Enabling Patentless Innovation, Clark D. Asay
Enabling Patentless Innovation, Clark D. Asay
Maryland Law Review
No abstract provided.
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi
Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi
Maryland Law Review
No abstract provided.
Blackburn Limited Partnership V. Paul: The Birth Of Maryland’S Statute Or Ordinance Rule And Its Ill-Defined “Targeted Class” Requirement, Monica Basche
Maryland Law Review
No abstract provided.
Tribute To Brenda Blom, Rena Steinzor, Michael Millemann
Tribute To Brenda Blom, Rena Steinzor, Michael Millemann
Maryland Law Review
No abstract provided.