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2007

University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 202

Full-Text Articles in Law

Mid-Atlantic Ethics Committee Newsletter, Fall 2007 Oct 2007

Mid-Atlantic Ethics Committee Newsletter, Fall 2007

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds Oct 2007

Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds

Faculty Scholarship

The State of Maryland and the attorneys who practice in it have played a profound role in the history of the Constitution of the United States. That relationship should not surprise anyone: after all, Maryland was one of the original thirteen states, and its proximity to the nation’s capitol ensured that its lawyers would play an active role in the bar of the Supreme Court. Although the case names alone would make that history apparent – McCulloch v. Maryland, Brown v. Maryland, Federal Baseball – I am not aware of a serious scholarly effort to bring that history to the …


C-Drum News, V. 1, No. 1, Fall 2007 Oct 2007

C-Drum News, V. 1, No. 1, Fall 2007

The C-DRUM News

No abstract provided.


Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg Oct 2007

Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Faculty Scholarship

The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …


Law & Health Care Newsletter, V. 15, No. 1, Fall 2007 Sep 2007

Law & Health Care Newsletter, V. 15, No. 1, Fall 2007

Law & Health Care Newsletter

No abstract provided.


In Practice, V. 8, No. 1, Fall 2007 Sep 2007

In Practice, V. 8, No. 1, Fall 2007

In Practice

No abstract provided.


Tobacco Regulation Review, V. 6, No. 2, Sept. 2007 Sep 2007

Tobacco Regulation Review, V. 6, No. 2, Sept. 2007

Tobacco Regulation Review

No abstract provided.


The Failure Of Administrative Law To Provide Adequate Relief In Bid Challenge Litigation: A Note On Taiwan Yutong Consulting And Technology Co Ltd V Taiwan Area National Freeway Bureau And Far East Electronic Toll Collection Co, Daniel J. Mitterhoff Aug 2007

The Failure Of Administrative Law To Provide Adequate Relief In Bid Challenge Litigation: A Note On Taiwan Yutong Consulting And Technology Co Ltd V Taiwan Area National Freeway Bureau And Far East Electronic Toll Collection Co, Daniel J. Mitterhoff

Faculty Scholarship

No abstract provided.


Book Review: Comparative Law In A Global Context: The Legal Systems Of Asia And Africa, Maxwell O. Chibundu Aug 2007

Book Review: Comparative Law In A Global Context: The Legal Systems Of Asia And Africa, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.


New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana Jul 2007

New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana

International Collaborative on Social Europe

When thinking about the traditional boundaries of the welfare state, particularly of labour and employment policies, we tend to place them within the boundaries of the nation-state. However, with contemporary processes of European economic integration and devolution of competences to sub-national entities, our understanding of the spatial configuration of the welfare state has been challenged. These developments are also partially related to 'new governance' patterns in social policy. The authors explore the 'downward' movement of employment and labour market policies (LMP) in Germany, the United Kingdom, and Italy and explore cross-national differences regarding the characteristics and degree of decentralisation. The …


Newsletter, Summer 2007 Jul 2007

Newsletter, Summer 2007

Newsletter

No abstract provided.


You Ain't Seen Nothin' Yet: The Inevitable Post-Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger Jul 2007

You Ain't Seen Nothin' Yet: The Inevitable Post-Hamdan Conflict Between The Supreme Court And The Political Branches, Michael Greenberger

Faculty Scholarship

On September 21, 2006, my colleagues, Professors Singer, Quint, and Young, and I led a workshop for our faculty on the Supreme Court’s last, and most important case of the previous Term, Hamdan v. Rumsfeld. As was doubtless true of law scholars across the country (indeed, perhaps throughout the world), we expressed wonderment about the sweep of the decision. In Hamdan, a conservative Court, having just been joined by two conservative appointees named by a conservative President (known for attempting a dramatic expansion of his Article II war powers authority) and confirmed by a conservative Republican-controlled Senate (known for accommodating …


Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young Jul 2007

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young

Faculty Scholarship

This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.


Environmental Law At Maryland, No. 24, Summer-Fall 2007 Jul 2007

Environmental Law At Maryland, No. 24, Summer-Fall 2007

Environmental Law at Maryland

No abstract provided.


The Aches And Pains Of Transition To A Consumption Tax: Can We Get There From Here?, Daniel S. Goldberg Apr 2007

The Aches And Pains Of Transition To A Consumption Tax: Can We Get There From Here?, Daniel S. Goldberg

Faculty Scholarship

This article discusses probably the most significant obstacle to the adoption of a consumption tax: the negative effects on existing wealth that the transition from the income tax to most forms of a consumption tax would have. The Congressional Budget Office in its 1997 study posed the question, “How to Get There from Here.” The difficulty with transition and the changes in the tax law since the CBO study, however, prompt the more basic question: “Can we get there from here?” This article deals with this question by examining the effects of transition on existing wealth under a variety of …


Mid-Atlantic Ethics Committee Newsletter, Spring 2007 Apr 2007

Mid-Atlantic Ethics Committee Newsletter, Spring 2007

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Child Welfare Interventions For Drug-Dependent Pregnant Women: Limitations Of A Non-Public Health Response, Ellen M. Weber Apr 2007

Child Welfare Interventions For Drug-Dependent Pregnant Women: Limitations Of A Non-Public Health Response, Ellen M. Weber

Faculty Scholarship

National drug policy, medical practice and the child welfare system have not kept pace with scientific research that points to effective health interventions to address alcoholism and drug dependence among pregnant women. In its 2003 amendments to the Child Abuse Prevention and Treatment Act, Congress adopted a policy requiring physicians to report to child protective services all patients who give birth to an infant affected by illicit drug use. Drawing on epidemiological, medical and social science research, this Article critiques Congress’s decision to require health professionals to engage in a surveillance role instead of a therapeutic intervention. In seeking to …


Law & Health Care Newsletter, V. 14, No. 2, Spring 2007 Apr 2007

Law & Health Care Newsletter, V. 14, No. 2, Spring 2007

Law & Health Care Newsletter

No abstract provided.


Tobacco Regulation Review, V. 6, No. 1, April 2007 Apr 2007

Tobacco Regulation Review, V. 6, No. 1, April 2007

Tobacco Regulation Review

No abstract provided.


The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth Mar 2007

The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth

Faculty Scholarship

In a recent article, I argued that diversified investors - the vast majority of investors - would prefer that securities fraud class actions under the 1934 Act and Rule 10b-5 be dismissed in the absence of insider trading or similar offenses during the fraud period. See Richard A. Booth, The End of the Securities Fraud Class Action as We Know It, 4 Berk. Bus. L. J. 1 (2007), http://ssrn.com/abstract=683197. In this article, I draw on the classic case, SEC v. Texas Gulf Sulfur Company, to show that the federal courts originally viewed securities fraud as inextricably connected to insider trading …


Tobacco Regulation Review, V. 5, No. 2, Feb. 2007 Feb 2007

Tobacco Regulation Review, V. 5, No. 2, Feb. 2007

Tobacco Regulation Review

No abstract provided.


Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney Jan 2007

Issues Relating To Expungement For Non-Us Citizens, Maureen A. Sweeney

Immigration Clinic

No abstract provided.


Statistics And The Military Deference Doctrine: A Response To Professor Lichtman, John F. O’Connor Jan 2007

Statistics And The Military Deference Doctrine: A Response To Professor Lichtman, John F. O’Connor

Maryland Law Review

No abstract provided.


Geographic Representation And The U.S. Congress, Frances E. Lee Jan 2007

Geographic Representation And The U.S. Congress, Frances E. Lee

Maryland Law Review

No abstract provided.


Why The Supreme Court Lied About Plessy, David S. Bogen Jan 2007

Why The Supreme Court Lied About Plessy, David S. Bogen

Faculty Scholarship

This article examines the citation in Plessy of a dozen cases that the Court said held racial segregation statutes in transport to be constitutional. It argues that none of those twelve cases upheld a segregation statute, but were largely decisions upholding decisions by the carrier under the common law. Justice Brown knew that the cases did not uphold segregation statutes, but he went ahead and used them to bury opposition under the weight of precedent. He knew that he was unlikely to be challenged, and he believed that the common law and the Constitution involved the same principles. The conflation …


Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds Jan 2007

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.


Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman Jan 2007

Mapping The New Frontiers Of Private Ordering: Afterword, Martha M. Ertman

Faculty Scholarship

Defining the limits of contract is an important project in contemporary contracts scholarship. Professor Ertman’s Afterword to the University of Arizona symposium on Mapping the Frontiers of Private Ordering situates the symposium papers within a larger positive and normative discourse. Suggesting that “private ordering” better describes the current reach of contractual thinking, she contends that, the symposium papers depart from conventional wisdom by examining the upside of private ordering for have-nots. While some of the contributions warn of dangers to employees and other systemically disadvantaged parties from full throttle contractualization, even the protections by the most skeptical scholar fall comfortably …


Hamdan As An Assertion Of Judicial Power, Jana B. Singer Jan 2007

Hamdan As An Assertion Of Judicial Power, Jana B. Singer

Faculty Scholarship

In Hamdan v Rumsfeld, the Supreme Court rebuffed the Bush administration’s initial attempt to use Military Commissions created by Executive Order to try detainees held at Guantanamo Bay. The Court ruled that the President, acting alone, lacked the authority to employ the Commissions because their structure and procedure violated both the Uniform Code of Military Justice and the Geneva Conventions. Most academic commentators have viewed the Hamdan decision as primarily about the limits of executive power. On this view, the central constitutional problem in Hamdan was that the Executive had acted unilaterally in an area where the Constitution required the …


Gender And Justice: Parity And The United States Supreme Court, Paula A. Monopoli Jan 2007

Gender And Justice: Parity And The United States Supreme Court, Paula A. Monopoli

Faculty Scholarship

There is a deep concern among many American women that only one woman remains on the United States Supreme Court. When Justice Sandra Day O’Connor was sworn in on September 25, 1981, most people never imagined that twenty-five years later there would still be only one woman on the Court. It appears that it will be many more years before there is a critical mass of women sitting on the high court. Given its central role, the Court should better represent the gender balance in American society. In a number of other countries, voluntary or involuntary parity provisions have been …


Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber Jan 2007

Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber

Faculty Scholarship

The Maryland Constitutional Law Schmooze, "An Eighteenth-Century Constitution in a Twenty-First-Century World" explores the interpretive and political challenges inherent in recourse to an ancient text for resolving political questions. Although no Essay cites Quentin Skinner, the debates between participants in the Schmooze and this Symposium mirror the debates between Skinner and his critics. Some participants insist that crucial aspects of an eighteenth-century text remain vibrant at present, that contemporary political life would be improved by more careful study of the Constitution. Others blame crucial pathologies of American politics on a combination of too careful study of and too uncritical veneration …