Law Commons^™

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton

Faculty Scholarship

Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.

This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …

The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Faculty Scholarship

Prior to the erection in the 1970s of a comprehensive federal regulatory infrastructure to protect the environment, transboundary pollution disputes frequently were adjudicated by the U.S. Supreme Court, exercising its original jurisdiction over disputes between states. In a series of cases commencing at the dawn of the Twentieth Century, the Court served as a national arbiter of interstate pollution disputes. This paper reviews the history of the Supreme Court's use of these cases to develop a federal common law of interstate nuisance.

The paper argues that while federal common law initially performed a zoning function by encouraging polluters to relocate …

Marriage Markets, Martha M. Ertman

Faculty Scholarship

No abstract provided.

The Thin Line Between Love And Hate: Why Affinity-Based Securities And Investment Fraud Constitutes A Hate Crime, Lisa M. Fairfax

Faculty Scholarship

This article explores the parallels between the prototypical hate crime and affinity fraud—securities and investment fraud that targets identifiable religious, racial and ethnic groups—and asserts that those parallels justify treating affinity fraud as a hate crime.

Tobacco Regulation Review, V.2, No. 2, Sept. 2003

Tobacco Regulation Review

No abstract provided.

In Practice, V. 4, No. 1, Fall 2003

In Practice

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2003

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young

Faculty Scholarship

No abstract provided.

Book Review: A Virtue Less Cloistered: Courts, Speech And Constitutions, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.

Public Nuisance As A Mass Products Liability Tort, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Tobacco Regulation Review, V. 2, No. 1, April 2003

Tobacco Regulation Review

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 2003

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Achieving The Right Balance In Oversight Of Physician Opioid Prescribing For Pain: The Role Of State Medical Boards, Diane E. Hoffmann, Anita J. Tarzian

Faculty Scholarship

No abstract provided.

Anonymous Speech And Section 527 Of The Internal Revenue Code, Donald B. Tobin

Faculty Scholarship

No abstract provided.

Law & Health Care Newsletter, V. 10, No. 2, Spring 2003

Law & Health Care Newsletter

No abstract provided.

Tolls On The Information Superhighway: Entitlement Defaults For Clickstream Data, Lee B. Kovarsky

Faculty Scholarship

This paper addresses the collection of "clickstream data," and sets forth a theory about the legal rules that should govern it. At the outset, I propose a typology for categorizing privacy invasions. A given state of informational privacy may be represented by: the observed behavior, the collecting agent, and the searching agent. Using this typology, I identify the specific sources of concern about collection of clickstream data. Then, based on expected levels of utility and expected transaction costs of "flipping" to a different rule, I argue for a particular set of privacy defaults for data mining.

Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.

Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.

Medical Treatment Of Children With Hiv Illness And The Need For Supportive Intervention: The Challenges Of Medical Providers, Families And The State, Deborah J. Weimer

Faculty Scholarship

Human iummuno-deficiency virus (HIV) illness in children poses tremendous challenges to medical providers and families to work together to deliver optimal care. An alternative to filing "neglect" reports with the Department of Social Services is necessary to provide support and appropriate intervention to families and medical providers caring for HIV-positive children.

The creation of a neutral entity that could intervene and identify barriers to treatment and communication between the medical providers and the family would benefit all the parties involved. Knowledgeable mediators could help facilitate communication and identify appropriate support for the child and family.

Intervention would not be delayed …

What's Wrong With A Parenthood Market? A New And Improved Theory Of Commodification, Martha M. Ertman

Faculty Scholarship

No abstract provided.

What Makes Genetic Discrimination Exceptional?, Deborah Hellman

Faculty Scholarship

No abstract provided.

Domestic Violence And The Maryland Family Violence Option, Karen Czapanskiy

Faculty Scholarship

No abstract provided.

Navigating Uncharted Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

Piercing The Academic Veil: Disaffecting The Common Law Exception To Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University , Lawrence M. Sung

Faculty Scholarship

No abstract provided.

A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

A Private-Rights Standing Model To Promote Public-Regarding Behaviour By Government Owned Corporations, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Appellate Courts Inside And Out, Maxwell L. Stearns

Faculty Scholarship

Commentary on "Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeal" by Jonathan Matthew Cohen. Ann Arbor, University of Michigan Press, 2002.

Creating A Truth And Reconciliation Commission For Lynching, Sherrilyn A. Ifill

Faculty Scholarship

No abstract provided.

Is It Ever Too Late For Innocence? Finality, Efficiency, And Claims Of Innocence, George C. Thomas, Gordon G. Young, Keith Sharfman, Kate B. Briscoe

Faculty Scholarship

No abstract provided.