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Articles 1 - 30 of 1925
Full-Text Articles in Law
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Anonymous Companies, William J. Moon
Anonymous Companies, William J. Moon
Faculty Scholarship
Hardly a day goes by without hearing about nefarious activities facilitated by anonymous “shell” companies. Often described as menaces to the financial system, the creation of business entities with no real operations in sun-drenched offshore jurisdictions offering “zero percent” tax rates remains in vogue among business titans, pop stars, multimillionaires, and royals. The trending headlines and academic accounts, however, have paid insufficient attention to the legal uses of anonymous companies that are both ubiquitous and almost infinite in their variations.
This Article identifies privacy as a functional feature of modern business entities by documenting the hidden virtues of anonymous companies—business …
Feminist Legal History And Legal Pedagogy, Paula A. Monopoli
Feminist Legal History And Legal Pedagogy, Paula A. Monopoli
Faculty Scholarship
Women are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications …
Environmental Enforceability, Seema Kakade
Environmental Enforceability, Seema Kakade
Faculty Scholarship
There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so, it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Faculty Scholarship
One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Mental Health Care And Intimate Partner Violence: Unasked Questions, Delaney E. Anderson, Richard C. Boldt
Faculty Scholarship
There is significant overlap between the group of people who experience trauma, including domestic or intimate partner violence, and those who are hospitalized for severe mental illness. In recent years there has been a growing awareness in the mental health treatment community of the prevalence of trauma among individuals with behavioral health problems. Despite the strong evidence of elevated rates of exposure to domestic or intimate partner violence among individuals experiencing mental illness (including depression, anxiety, and posttraumatic stress disorder), mental health professionals often do not effectively address this co-occurring factor in assessing and treating their clients or patients. The …
What Deference Does It Make? Reviewing Agency Statutory Interpretation In Maryland, Carly L. Hviding
What Deference Does It Make? Reviewing Agency Statutory Interpretation In Maryland, Carly L. Hviding
Maryland Law Review Online
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 2021
Mid-Atlantic Ethics Committee Newsletter, Fall 2021
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Spring 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
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway
Student Articles and Papers
No abstract provided.
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
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
Adapting Federal Regulatory Approaches To Advances In Agricultural Biotechnology, Alan Sachs
Maryland Law Review Online
No abstract provided.
Revitalizing Greenhouse Gas Permitting Inside A Biden Epa, Matt Haber, Seema Kakade
Revitalizing Greenhouse Gas Permitting Inside A Biden Epa, Matt Haber, Seema Kakade
Faculty Scholarship
No abstract provided.
Disposable Lives: Covid-19, Vaccines, And The Uprising, Matiangai Sirleaf
Disposable Lives: Covid-19, Vaccines, And The Uprising, Matiangai Sirleaf
Faculty Scholarship
Two French doctors appeared on television and publicly discussed potentially utilizing African subjects in experimental trials for a tuberculosis vaccine as an antidote to the novel coronavirus (COVID-19). Tedros Adhanom Ghebreyesus, the Director-General of the World Health Organization (WHO), denounced these kinds of racist remarks as a “hangover from ‘colonial mentality’” and maintained that “Africa can’t and won’t be a testing ground for any vaccine.” The fallout on social media was similarly swift, with Samuel Eto’o, a Cameroonian football legend, referring to the doctors as “[d]es assasins” and several others questioning the motives behind testing a vaccine on the African …
Department Of Homeland Security V. Regents Of The University Of California: The Supreme Court’S Disinterest In Reliance Interests, Rachael E. Savage
Department Of Homeland Security V. Regents Of The University Of California: The Supreme Court’S Disinterest In Reliance Interests, Rachael E. Savage
Maryland Law Review Online
No abstract provided.
Delaware's Global Competitiveness, William J. Moon
Delaware's Global Competitiveness, William J. Moon
Faculty Scholarship
For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.
This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …
Environmental Enforceability, Seema Kakade
Environmental Enforceability, Seema Kakade
Faculty Scholarship
There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump Administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …
Contract's Influence On Feminism And Vice Versa, Martha M. Ertman
Contract's Influence On Feminism And Vice Versa, Martha M. Ertman
Faculty Scholarship
Feminist legal theory has both embraced and rejected contract. While contract-based conceptual and doctrinal tools have improved women’s economic and social status, feminists also critique contract-based reforms for colluding with hierarchies of gender, race and class. This chapter charts influential work on both sides of the contract debate and identifies a third approach that sees contract as a mechanism for law to move away from a hierarchal regime by stopping at a contractual way station en route to a more equal system of public ordering. It concludes by identifying ways that feminist legal theorists have injected feminist insights into traditional …
Junk Science At Sentencing, Maneka Sinha
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 sentencing, no meaningful admissibility …
Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black's White Lectures, Richard C. Boldt
Constitutional Structure, Institutional Relationships And Text: Revisiting Charles Black's White Lectures, Richard C. Boldt
Faculty Scholarship
Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the central government relative to those retained by the states. The competing approaches, one reliant on a formalist enumeration of permissible powers, the other operating functionally on the basis of a broad dynamic concept of state incompetence and national interest, often are presented as mutually inconsistent narratives. In fact, these two approaches …
Modeling Narrowest Grounds, Maxwell Stearns
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 …
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Little Sisters Of The Poor V. Pennsylvania: The Not So Little Effect Of Interfering With The Aca's Contraceptive Mandate, Sabrina Rubis
Women, Leadership & Equality
No abstract provided.
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt
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 are …
In Re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litigation: Opening The Door For Student-Athletes To Receive Adequate Compensation For Their Services To The Ncaa While Still Remaining With An Amateur Status, Elizabeth Cardinale
Proxy
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 2020
Mid-Atlantic Ethics Committee Newsletter, Fall 2020
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith
C-DRUM Publications
Baltimore City Public Schools (City Schools) and other school districts across the United States are implementing restorative practices (RP) to improve school climate by building meaningful relationships in school communities, reframing school discipline, and supporting student safety, well-being, and success. This transformational approach centers student voice and agency, and enhances students’ engagement and participation in their own learning. The Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law and Open Society Institute – Baltimore (OSI) collaborated to create The Restorative Practices in Baltimore City Public Schools: Research Updates and Implementation Guide. The purpose of …
Juvenile In Justice: A Look At Maryland's Practice Of Incarcerating Children Without A Jury Trial, Kelsey Robinson
Juvenile In Justice: A Look At Maryland's Practice Of Incarcerating Children Without A Jury Trial, Kelsey Robinson
Maryland Law Review Online
No abstract provided.