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Articles 1 - 30 of 65
Full-Text Articles in Law
The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius
The Continuing Battle Over Privacy Vs. Security, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 2015
Mid-Atlantic Ethics Committee Newsletter, Fall 2015
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015
Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015
Law & Health Care Newsletter
No abstract provided.
Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker
Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker
Homeland Security Publications
No abstract provided.
Business Law Bulletin, Fall 2015
Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein
Environmental Justice In Maryland, Environmental Law Clinic, Jane F. Barrett, Matthew Peters, Hilary Jacobs, Jason Rubinstein
Faculty Scholarship
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Summer 2015
Mid-Atlantic Ethics Committee Newsletter, Summer 2015
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale
The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale
Faculty Scholarship
There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
Maryland Law Review Online
No abstract provided.
Requiem For A Remedy: The Law And Economics Of Mutual Pharmaceutical V. Bartlett’S Over-Preemption, Robert C. Baker Iii
Requiem For A Remedy: The Law And Economics Of Mutual Pharmaceutical V. Bartlett’S Over-Preemption, Robert C. Baker Iii
Maryland Law Review Online
No abstract provided.
Mccutcheon V. Fec: Sacrificing Campaign Finance Regulation In The Name Of Free Speech, Haley S. Peterson
Mccutcheon V. Fec: Sacrificing Campaign Finance Regulation In The Name Of Free Speech, Haley S. Peterson
Maryland Law Review Online
No abstract provided.
Burris V. State: Suggestions For The Continued Development Of The Rule For Admitting The Testimony Of Gang Experts, Michael Jacko
Burris V. State: Suggestions For The Continued Development Of The Rule For Admitting The Testimony Of Gang Experts, Michael Jacko
Maryland Law Review Online
No abstract provided.
The Algorithmic Self, Frank A. Pasquale
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray
Maryland Law Review Online
No abstract provided.
Law & Healthcare Newsletter, V. 22, No. 2, Spring 2015
Law & Healthcare Newsletter, V. 22, No. 2, Spring 2015
Law & Health Care Newsletter
No abstract provided.
A Functional Approach To Copyright Policy, Robert E. Suggs
A Functional Approach To Copyright Policy, Robert E. Suggs
Faculty Scholarship
This essay results from a half-century spent observing the development and stagnation of a once vital music form, jazz. Curiosity spurred its evolution when a successor to John Coltrane failed to emerge within a few years of his early death. Over the ensuing decades, I became concerned that advancing technology and the 1976 Copyright Act had fundamentally undermined our cultural ecology.
Unnoticed over the past century, technology has changed our experience of expressive culture, (the stories, images, and melodies that copyright most strongly protects), from live performance in social settings to solitary consumption of recorded media. Neurologically and physiologically this …
A Race To Digitization?: Kirtsaeng V. John Wiley & Sons Impact On The Digital Publication Market, Amelia Parsons
A Race To Digitization?: Kirtsaeng V. John Wiley & Sons Impact On The Digital Publication Market, Amelia Parsons
Proxy
No abstract provided.
Anarchy, Status Updates, And Utopia, James Grimmelmann
Anarchy, Status Updates, And Utopia, James Grimmelmann
Faculty Scholarship
Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.
Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come together …
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark
Faculty Scholarship
What constitutes justice in cases involving intimate partner abuse has historically been determined not by the person subjected to abuse, but rather an actor within the legal system—a police officer, a prosecutor, an advocate, or a judge—and those individuals most often define justice in terms of what the legal system has to offer. People subjected to abuse may conceive of justice quite differently, however, in ways that the legal system is not well suited to address. For people subjected to abuse who are interested in punishment, whose goals are congruent with the legal system’s goals of safety and accountability (as …
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh S. Goodmark
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh S. Goodmark
Faculty Scholarship
Domestic violence clinics have been a staple of law school clinical programs since the 1980s. The University of Maryland Francis King Carey School of Law recently created the nation’s first Gender Violence Clinic, however. This article describes the motivation for taking a broader approach to gender based violence, the types of cases handled by the clinic, the challenges posed by the clinic structure, and the pedagogical goals for the clinic.
Legal Education In Transition: Trends And Their Implications, Michael A. Millemann, Sheldon Krantz
Legal Education In Transition: Trends And Their Implications, Michael A. Millemann, Sheldon Krantz
Faculty Scholarship
This is a pivotal moment in legal education. Revisions in American Bar Association accreditation standards, approved in August 2014, impose new requirements, including practice-based requirements, on law schools. Other external regulators and critics are pushing for significant changes too. For example, the California bar licensing body is proposing to add a practice-based, experiential requirement to its licensing requirements, and the New York Court of Appeals, New York’s highest court, is giving third-year, second semester students the opportunity to practice full-time in indigent legal services programs and projects. Unbeknown to many, there have been significant recent changes in legal education that …
Spying Inc., Danielle Keats Citron
Spying Inc., Danielle Keats Citron
Faculty Scholarship
The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app provides continuous access to the person’s calls, texts, snap chats, photos, calendar updates, and movements. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.
Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious interception of electronic communications. But those laws are rarely, if ever, …
The “Voluntary” Inpatient Treatment Of Adults Under Guardianship, Richard C. Boldt
The “Voluntary” Inpatient Treatment Of Adults Under Guardianship, Richard C. Boldt
Faculty Scholarship
A number of states have adopted a preference for voluntary hospitalization over involuntary civil commitment for adults with severe mental illness who require inpatient treatment. Frequently, however, the very disabilities that call for inpatient treatment also disrupt an individual patient’s capacity to participate fully in the decision-making process by which hospital admission is elected. When impaired patients have a court-appointed guardian, difficult questions can arise as to the power of the guardian to consent to the ward’s admission for inpatient psychiatric treatment. In some states, the guardian may not consent to the ward’s admission. In others, the guardian’s authority to …
Are We There Yet? Aligning The Expectations And Realities Of Gaining Competency In Legal Writing, Sherri Lee Keene
Are We There Yet? Aligning The Expectations And Realities Of Gaining Competency In Legal Writing, Sherri Lee Keene
Faculty Scholarship
No abstract provided.
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh S. Goodmark
Hands Up At Home: Militarized Masculinity And Police Officers Who Commit Intimate Partner Abuse, Leigh S. Goodmark
Faculty Scholarship
The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well documented. Most of that literature, however, captures the violence that police do in their public capacity, as officers of the state. This article examines the violence and abuse perpetrated by police in their private lives, against their intimate partners, although the public and private overlap significantly to the extent that the power and training provided to …
The Virtues Of Moderation, James Grimmelmann
The Virtues Of Moderation, James Grimmelmann
Faculty Scholarship
TL;DR—On a Friday in 2005, the Los Angeles Times launched an experiment: a “wikitorial” on the Iraq War that any of the paper’s readers could edit. By Sunday, the experiment had ended in abject failure: vandals overran it with crude profanity and graphic pornography. The wikitorial took its inspiration and its technology from Wikipedia, but missed something essential about how the “the free encyclopedia that anyone can edit” staves off abuse while maintaining its core commitment to open participation.
The difference is moderation: the governance mechanisms that structure participation in a community to facilitate cooperation and prevent abuse. Town meetings …
Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene
Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene
Faculty Scholarship
No abstract provided.