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University of Maryland Francis King Carey School of Law

2014

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Articles 31 - 60 of 174

Full-Text Articles in Law

Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee Apr 2014

Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee

Faculty Scholarship

Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008-2009 would not have occurred. This article offers the simplest fix proposed thus far, and it is contrarian. This Article accepts the central role of rating agencies in the regulation of bond investments, the realities of a duopoly, and the issuer-pay model of compensation. The status quo is the baseline. The role of regulation should be to create the conditions necessary to induce competition. This article proposes that a small, recurring portion of revenue earned by the largest rating agencies …


Law & Health Care Newsletter, V. 21, No. 2, Spring 2014 Apr 2014

Law & Health Care Newsletter, V. 21, No. 2, Spring 2014

Law & Health Care Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 2014 Apr 2014

Mid-Atlantic Ethics Committee Newsletter, Spring 2014

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System, Maryland Administrative Office Of The Courts, Center For Dispute Resolution At The University Of Maryland Apr 2014

Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System, Maryland Administrative Office Of The Courts, Center For Dispute Resolution At The University Of Maryland

C-DRUM Publications

No abstract provided.


Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg Apr 2014

Access To Justice: Ensuring Equal Pay With The Paycheck Fairness Act, Deborah Thompson Eisenberg

Congressional Testimony

No abstract provided.


Newsletter Spring 2014 Apr 2014

Newsletter Spring 2014

Newsletter

No abstract provided.


Business Law Bulletin, Spring 2014 Apr 2014

Business Law Bulletin, Spring 2014

Business Law Bulletin

No abstract provided.


Exploring Chapter 11 Reform: Corporate And Financial Institution Insolvencies; Treatment Of Derivatives -, Michelle M. Harner Mar 2014

Exploring Chapter 11 Reform: Corporate And Financial Institution Insolvencies; Treatment Of Derivatives -, Michelle M. Harner

Congressional Testimony

No abstract provided.


Painful Disparities, Painful Realities, Amanda C. Pustilnik Mar 2014

Painful Disparities, Painful Realities, Amanda C. Pustilnik

Faculty Scholarship

Legal doctrines and decisional norms treat chronic claims pain differently than other kinds of disability or damages claims because of bias and confusion about whether chronic pain is real. This is law’s painful disparity. Now, breakthrough neuroimaging can make pain visible, shedding light on these mysterious ills. Neuroimaging shows these conditions are, as sufferers have known all along, painfully real. This Article is about where law ought to change because of innovations in structural and functional imaging of the brain in pain. It describes cutting-edge scientific developments and the impact they should make on evidence law and disability law, and, …


The 2013 Irs Crisis: Where Do We Go From Here?, Donald B. Tobin Mar 2014

The 2013 Irs Crisis: Where Do We Go From Here?, Donald B. Tobin

Faculty Scholarship

This article argues that the IRS’s new proposed regulation on candidate-related political activities is a good first step. It creates a bright-line standard that is easy to apply and will reduce concerns that the IRS is manipulating the enforcement process for political gain. The regulation addresses serious concerns that some independent groups are circumventing disclosure laws in the code. These groups are improperly arguing that they qualify as social welfare organizations when in fact they are political organizations subject to disclosure under section 527. A better solution would be for Congress to pass broad-based campaign disclosure laws that would apply …


Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly Feb 2014

Shelby And The Sisyphean Struggle For Black Enfranchisement, Rick Valelly

Schmooze 'tickets'

No abstract provided.


Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen Feb 2014

Super Pac Contributions, Corruption, And The Proxy War Over Coordination, Richard L. Hasen

Schmooze 'tickets'

No abstract provided.


To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson Feb 2014

To End Government Shutdowns, End Partisan Gerrymandering, Sanford Levinson

Schmooze 'tickets'

No abstract provided.


Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen Feb 2014

Race Or Party?: How Courts Should Think About Republican Efforts To Make It Harder To Vote In North Carolina And Elsewhere, Richard L. Hasen

Schmooze 'tickets'

No abstract provided.


Hungary: An Election In Question, Kim Lane Scheppele Feb 2014

Hungary: An Election In Question, Kim Lane Scheppele

Schmooze 'tickets'

No abstract provided.


The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith Feb 2014

The Last Stand: Restricting Voting Rights & Sustaining White Power In Modern America, Desmond S. King, Rogers M. Smith

Schmooze 'tickets'

No abstract provided.


What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights, Carol Nackenoff Feb 2014

What Became Of Fundamental Rights?: Of Voter Ids And Voting Rights, Carol Nackenoff

Schmooze 'tickets'

No abstract provided.


The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson Feb 2014

The Popular Sovereignty Foundations Of The Right To Vote, Franita Tolson

Schmooze 'tickets'

In recent years, courts and commentators have focused on the federalism-based limits on the power of the federal government, with significantly less attention given to similar constraints on state power. It is not surprising, therefore, that both camps have overlooked that the Ninth and Tenth Amendments, with their reservation of both rights and power “to the people” contain a popular sovereignty principle that affects the constitutionality of various state election law regulations. This goal of this Article is to reaffirm that the people are, in essence, part of the federalism equation, and not simply as protectors of state power, but …


Are Elections Necessary?, Sanford Levinson Feb 2014

Are Elections Necessary?, Sanford Levinson

Schmooze 'tickets'

No abstract provided.


The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout Feb 2014

The Roberts-Kennedy Court And Post-Political Democracy, Zephyr Teachout

Schmooze 'tickets'

This Essay explores the ideological underpinnings of the modern Supreme Court’s election law decisions, arguing that the Court does not have a strong commitment to federalism or to unfettered debate or to the mistrustful citizen. Instead, the opinions reveal a complacency about corruption and a narrow view of the role of citizens. The Essay is part of a volume on neoliberalism for Law and Contemporary Problems.


Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii Feb 2014

Transparent Adjudication: Promoting Democratic Dialogue On Judicial Conceptions Of Politics, Bertrall L. Ross Ii

Schmooze 'tickets'

No abstract provided.


The Idea Of Democracy In The Early Republic, Keith Whittington Feb 2014

The Idea Of Democracy In The Early Republic, Keith Whittington

Schmooze 'tickets'

No abstract provided.


"Lotteries As An Alternative Selection Method For Representatives", Hélène Landemore Feb 2014

"Lotteries As An Alternative Selection Method For Representatives", Hélène Landemore

Schmooze 'tickets'

No abstract provided.


Why Campaign Finance Matters, Prithviraj Datta Feb 2014

Why Campaign Finance Matters, Prithviraj Datta

Schmooze 'tickets'

Due to the combination of a host of factors – among them being the Supreme Court decision in the case of Citizens United v FEC, the not-entirely-unrelated explosion of Super PACs as a political force in electoral politics, and the tremendous increase in the amounts that candidates and parties have been spending in their campaign efforts – the issue of campaign finance has, once again, rise to prominence in scholarly and public debate. Unsurprisingly, given the highly polarized and divisive political environment in which we live, the debate over campaign finance is characterized by a sharp cleavage of opinion …


Compulsory Voting, Howard Schweber Feb 2014

Compulsory Voting, Howard Schweber

Schmooze 'tickets'

No abstract provided.


Abolish Districts, Corinna Barrett Lain Feb 2014

Abolish Districts, Corinna Barrett Lain

Schmooze 'tickets'

No abstract provided.


Citizens Derided: Corporate Politics And Religion In The Roberts Court, Jamin Raskin Feb 2014

Citizens Derided: Corporate Politics And Religion In The Roberts Court, Jamin Raskin

Schmooze 'tickets'

No abstract provided.


Powers And Rights In Shelby County V. Holder, Corey Brettschneider Feb 2014

Powers And Rights In Shelby County V. Holder, Corey Brettschneider

Schmooze 'tickets'

No abstract provided.


Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers Feb 2014

Shelby County V. Holder And Preclearance As Legislative Injunction, Henry L. Chambers

Schmooze 'tickets'

No abstract provided.


The Problem Of Voter Fraud, Michael D. Gilbert Feb 2014

The Problem Of Voter Fraud, Michael D. Gilbert

Schmooze 'tickets'

No abstract provided.