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Articles 61 - 90 of 172
Full-Text Articles in Law
Connecting Theory And Reality: Teaching Gideon And Indigent Defendants' Non-Right To Counsel At Bail, Douglas L. Colbert
Connecting Theory And Reality: Teaching Gideon And Indigent Defendants' Non-Right To Counsel At Bail, Douglas L. Colbert
Faculty Scholarship
In my article, I critique criminal procedure textbooks' and law professors' limited treatment of the constitutional right to counsel at the bail stage. While explaining that casebook authors usually praise the Supreme Court's landmark decisions in Gideon v. Wainwright and Argersinger v. Hamlin for guaranteeing trial counsel to indigent state defendants, I suggest that they shed minimal light on Gideon's irrelevance to most state defendants when they first appear before a judicial officer. Reviewing leading criminal procedure casebooks, I demonstrate that it is the rare text which informs law students that accused defendants should not expect to find a defense …
To Attain “The Just Rewards Of So Much Struggle”: Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek
To Attain “The Just Rewards Of So Much Struggle”: Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek
Faculty Scholarship
Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of “home” supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people’s neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds
Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds
Faculty Scholarship
This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.
The State Due Process Justification For A Right To Counsel In Some Civil Cases, Michael A. Millemann
The State Due Process Justification For A Right To Counsel In Some Civil Cases, Michael A. Millemann
Faculty Scholarship
No abstract provided.
Popular Constitutionalism, Judicial Supremacy, And The Complete Lincoln-Douglas Debates, Mark A. Graber
Popular Constitutionalism, Judicial Supremacy, And The Complete Lincoln-Douglas Debates, Mark A. Graber
Faculty Scholarship
No abstract provided.
Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber
Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber
Faculty Scholarship
No abstract provided.
A Technological Theory Of The Arms Race, Lee B. Kovarsky
A Technological Theory Of The Arms Race, Lee B. Kovarsky
Faculty Scholarship
Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …
Broad, Deep And Indirect: The Potential Influence Of Neuroscience In Law, Amanda C. Pustilnik
Broad, Deep And Indirect: The Potential Influence Of Neuroscience In Law, Amanda C. Pustilnik
Faculty Scholarship
No abstract provided.
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustilnik
Faculty Scholarship
Can constructs of social meaning lead to actual criminal confinement? Can the intangible value ascribed to the maintenance of certain social norms lead to radically inefficient choices about resource allocation? The disproportionate criminal confinement of people with severe mental illnesses relative to non-mentally ill individuals suggests that social meanings related to mental illness can create legal and physical walls around this disfavored group. Responding to the non-violent mentally ill principally through the criminal system imposes at least 6 billion dollars in costs annually on the public, above any offsetting public safety and deterrence benefits, and imposes terrible human costs on …
Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit
Physicians As Researchers: Difficulties With The "Similarity Position", David Wasserman, Deborah Hellman, Robert Wachbroit
Faculty Scholarship
No abstract provided.
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell O. Chibundu
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell O. Chibundu
Faculty Scholarship
No abstract provided.
Buying The Way To A Better Gulf Fishery: Buybacks For Hurricane Relief And Fisheries Rationalization In The Gulf Of Mexico, Michael Pappas
Buying The Way To A Better Gulf Fishery: Buybacks For Hurricane Relief And Fisheries Rationalization In The Gulf Of Mexico, Michael Pappas
Faculty Scholarship
Fishing stocks in the Gulf of Mexico have been dwindling for years, and in the aftermath of Hurricanes Katrina and Rita, the fishing industry has found itself in even deeper waters. But whle the two hurricanes caused massive damage to fishing fleets and infrastructrure, they may have also created an opporutnity for reform in the way Gulf fisheries are managed. In this Article Mike Pappas evaluates the use of a buyback program as a posssible solution. After examining the problmes of the Gulf fisheries both before and after the hurricanes, he looks at other buyback programs that have been successful …
The Elasticity Of Contract, Martha M. Ertman
The Elasticity Of Contract, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Book Review: Legal Tenderness, Martha M. Ertman
Book Review: Legal Tenderness, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Rankings, Reductionism, And Responsibility, Frank Pasquale
Rankings, Reductionism, And Responsibility, Frank Pasquale
Faculty Scholarship
After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment on …
Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale
Toward An Ecology Of Intellectual Property: Lessons From Environmental Economics For Valuing Copyright's Commons, Frank Pasquale
Faculty Scholarship
The fair use defense in copyright law shields an intellectual commons of protected uses of copyrighted material from infringement actions. In determining whether a given use is fair, courts must assess the new use's potential effect on the market for the copyrighted work. Fair use jurisprudence too often fails to address the complementary, network, and long-range effects of new technologies on the market for copyrighted works. These effects parallel the indirect, direct, and option values of biodiversity recently recognized by environmental economists. Their sophisticated methods for valuing natural resources in tangible commons can inform legal efforts to address the intellectual …
Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez
Journal of Health Care Law and Policy
No abstract provided.
Closing The Health Care Disparities Gap: Turning Evidence Into Action, Carolyn M. Clancy
Closing The Health Care Disparities Gap: Turning Evidence Into Action, Carolyn M. Clancy
Journal of Health Care Law and Policy
No abstract provided.
Federal Regulation Of Hospital Resident Work Hours: Enforcement With Real Teeth , Clark J. Lee
Federal Regulation Of Hospital Resident Work Hours: Enforcement With Real Teeth , Clark J. Lee
Journal of Health Care Law and Policy
No abstract provided.
The Patient-Physician Relationship And Its Implications For Malpractice Litigation, Debra Roter
The Patient-Physician Relationship And Its Implications For Malpractice Litigation, Debra Roter
Journal of Health Care Law and Policy
No abstract provided.
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Reform Of Medical Liability And Patient Safety: Are Health Courts And Medicare The Keys To Effective Change?, Randall R. Bovbjerg
Journal of Health Care Law and Policy
No abstract provided.
Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger
Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Global Advancement Of Women: Barriers And Best Practices - Foreword, Paula A. Monopoli
The Global Advancement Of Women: Barriers And Best Practices - Foreword, Paula A. Monopoli
Women, Leadership & Equality
No abstract provided.
A New Prescription For America's Medical Liability System, Paul J. Barringer Iii
A New Prescription For America's Medical Liability System, Paul J. Barringer Iii
Journal of Health Care Law and Policy
No abstract provided.
An Advocate's Response To Professor Sage, Toby S. Edelman
An Advocate's Response To Professor Sage, Toby S. Edelman
Journal of Health Care Law and Policy
No abstract provided.
The Increasing Necessity Of The Tort System In Effective Drug Regulation In A Changing Regulatory Landscape, Anne Erikson Haffner
The Increasing Necessity Of The Tort System In Effective Drug Regulation In A Changing Regulatory Landscape, Anne Erikson Haffner
Journal of Health Care Law and Policy
No abstract provided.
Time For Plan B: Increasing Access To Emergency Contraception And Minimizing Conflicts Of Conscience, Erica S. Mellick
Time For Plan B: Increasing Access To Emergency Contraception And Minimizing Conflicts Of Conscience, Erica S. Mellick
Journal of Health Care Law and Policy
No abstract provided.
The Role Of Medicare In Medical Malpractice Reform, William M. Sage
The Role Of Medicare In Medical Malpractice Reform, William M. Sage
Journal of Health Care Law and Policy
No abstract provided.
Introduction, Elijah E. Cummings
Introduction, Elijah E. Cummings
Journal of Health Care Law and Policy
No abstract provided.
Medicaid At Forty: Revisiting Structure And Meaning In A Post-Deficit Reduction Act Era, Sara Rosenbaum
Medicaid At Forty: Revisiting Structure And Meaning In A Post-Deficit Reduction Act Era, Sara Rosenbaum
Journal of Health Care Law and Policy
No abstract provided.