Law Commons^™

Table Of Contents

Maryland Law Review

No abstract provided.

A Proud Maryland Law Review Alumnus Looks Back, Richard D. Bennett

Maryland Law Review

No abstract provided.

The Influence Of Exile, Sara K. Rankin

Maryland Law Review

Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …

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 …

The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec

Maryland Law Review

Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.

Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …

A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch

Maryland Law Review

No abstract provided.

Nonmarriage, June Carbone, Naomi Cahn

Maryland Law Review

Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …

A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds

Maryland Law Review

No abstract provided.

Celebrating Seventy-Five Years Of Maryland Law Review: A Tribute In Photographs

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck

Maryland Law Review

Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.

The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …

Beyond Neutrality: How Zero Rating Can (Sometimes) Advance User Choice, Innovation, And Democratic Participation, Bj Ard

Maryland Law Review

Over four billion people across the globe cannot afford Internet access. Their economic disadvantages are compounded by their inability to utilize the communicative, educational, and commercial tools that most Internet users take for granted. Enter zero rating. Mobile Internet providers in the developing world now waive the data charges for services like Facebook, Wikipedia, or local job-search sites. Despite zero rating’s apparent benefits, many advocates seek to ban the practice as a violation of net neutrality.

This Article argues that zero rating is defensible by net neutrality’s own normative lights. Network neutrality is not about neutrality for its own sake, …

Re-Shaming The Debate: Social Norms, Shame, And Regulation In An Internet Age, Kate Klonick

Maryland Law Review

Advances in technological communication have dramatically changed the ways in which social norm enforcement is used to constrain behavior. Nowhere is this more powerfully demonstrated than through current events around online shaming and cyber harassment. Low cost, anonymous, instant, and ubiquitous access to the Internet has removed most—if not all—of the natural checks on shaming. The result is norm enforcement that is indeterminate, uncalibrated, and often tips into behavior punishable in its own right—thus generating a debate over whether the state should intervene to curb online shaming and cyber harassment.

A few years before this change in technology, a group …

Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best

Maryland Law Review

No abstract provided.

Glatt V. Fox Searchlight Pictures, Inc.: Moving Towards A More Flexible Approach To The Classification Of Unpaid Interns Under The Fair Labor Standards Act, Michael Pardoe

Maryland Law Review

No abstract provided.

American Hospital Association V. Burwell: Correctly Choosing But Erroneously Applying Judicial Discretion In Mandamus Relief Concerning Agency Noncompliance, Michael L. Labattaglia

Maryland Law Review

No abstract provided.

Comptroller Of The Treasury V. Wynne: Bridging The Gap Between Strands Of Jurisprudence On State Income Taxation, Daniel Bosworth

Maryland Law Review

No abstract provided.

Seventy-Fifth Anniversary Tribute: The Maryland Law Review At Seventy-Five, William L. Reynolds

Maryland Law Review

No abstract provided.

Table Of Contents

Maryland Law Review

No abstract provided.

Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm

Maryland Law Review

No abstract provided.

Negotiations In The Aftermath Of Koontz, Daniel P. Selmi

Maryland Law Review

No abstract provided.

A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger

Maryland Law Review

No abstract provided.

Climate Exactions, J. Peter Byrne, Kathryn A. Zyla

Maryland Law Review

No abstract provided.

Natural Baselines For Wildfire Takings Claims, Justin Pidot

Maryland Law Review

No abstract provided.

Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson

Maryland Law Review

During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …

The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler

Maryland Law Review

In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …

The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman

Maryland Law Review

No abstract provided.

Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.

Maryland Law Review

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Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu

Maryland Law Review

No abstract provided.

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil L. Sobol

Maryland Law Review

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons.

Criminal justice debt is the primary source for this imprisonment. Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …