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Full-Text Articles in Law

Brief Of Amicus Curiae In Support Of Appellants, Quinton Richmond, Et Al., V. The District Court Of Maryland, Et Al., No. 08-54, Brenda Bratton Blom, Robert Rubinson, Phillip J. Closius Sep 2008

Brief Of Amicus Curiae In Support Of Appellants, Quinton Richmond, Et Al., V. The District Court Of Maryland, Et Al., No. 08-54, Brenda Bratton Blom, Robert Rubinson, Phillip J. Closius

Court Briefs

Amici curiae brief filed by 78 faculty members from the University of Maryland School of Law and the University of Baltimore School of Law, on behalf of Appellants Quinton Richmond, et al. Amicus members felt the need to comment on the application and implications of the statutory right to counsel under Maryland law for indigent criminal defendants. The issue before the Court of Appeals was whether the Court’s previous holding in McCarter v. State, 363 Md. 705 (2001), that the plain language of the Maryland Public Defender Act created a right to counsel during all stages of a criminal …


Standing At The Crossroads: The Roberts Court In Historical Perspective, Maxwell L. Stearns Jan 2008

Standing At The Crossroads: The Roberts Court In Historical Perspective, Maxwell L. Stearns

Faculty Scholarship

After eleven years, the longest period in Supreme Court history with no change in membership, the Roberts Court commenced in the year 2005 with two new justices. John Roberts replaced William Rehnquist as the seventeenth Chief Justice and Samuel Alito replaced Sandra Day O’Connor as Associate Justice. The conventional wisdom suggests that on the nine-justice Supreme Court, these two appointments have produced a single-increment move, ideologically, to the right. The two Chief Justices occupy roughly the same ideological position. In contrast, whereas O’Connor was generally viewed as occupying the Court’s centrist, or median, position, Alito has instead continued to embrace …


Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Lovell Banks Jan 2008

Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Lovell Banks

Faculty Scholarship

Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …


Mr. Justice Miller's Clause: The Privileges Or Immunities Of Citizens Of The United States Internationally, David S. Bogen Jan 2008

Mr. Justice Miller's Clause: The Privileges Or Immunities Of Citizens Of The United States Internationally, David S. Bogen

Faculty Scholarship

Justice Miller’s list in the Slaughter-House Cases of privileges or immunities of citizens of the United States includes a significant number of international ones. This article examines the international dimensions of the Fourteenth Amendment’s privileges or immunities clause. These include the ability to engage in international trade and commerce; the protection of person and property abroad; the rights secured to individual citizens by treaties of the United States; and the privileges and immunities available under customary international law to the extent that the federal government behaves consistently with such rights. In addition to describing the privileges or immunities, the article …


The Price Of Fame: Brown As Celebrity, Mark A. Graber Jan 2008

The Price Of Fame: Brown As Celebrity, Mark A. Graber

Faculty Scholarship

This essay examines the history of Brown I, Brown II, and Bolling in the Supreme Court of the United States. Enduring precedents, the analysis suggests, go through three stages. In the first stage, they fight for survival. This describes Brown during the first decade after that decision was handed down. No Supreme Court Justice asserted, “Brown should be overruled,” but many citations to Brown came in the context of political efforts to reverse or marginalize that decision. In the second stage, precedents fight for extension. This describes Brown in the later Warren and Burger years. Civil rights activists insisted …


The Countermajoritarian Difficulty: From Courts To Congress To Constitutional Order, Mark A. Graber Jan 2008

The Countermajoritarian Difficulty: From Courts To Congress To Constitutional Order, Mark A. Graber

Faculty Scholarship

This review documents how scholarly concern with democratic deficits in American constitutionalism has shifted from the courts to electoral institutions. Prominent political scientists are increasingly rejecting the countermajoritarian difficulty as the proper framework for studying and evaluating judicial power. Political scientists, who study Congress and the presidency, however, have recently emphasized countermajoritarian difficulties with electoral institutions. Realistic normative appraisals of American political institutions, this emerging literature on constitutional politics in the United States maintains, should begin by postulating a set of democratic and constitutional goods, determine the extent to which American institutions as a whole are delivering those goods, and …


Limits On Injunctive Relief Under The Ada: Rethinking The Standing Rule For Deaf Patients In The Medical Setting, Michael A. Schwartz Jan 2008

Limits On Injunctive Relief Under The Ada: Rethinking The Standing Rule For Deaf Patients In The Medical Setting, Michael A. Schwartz

Journal of Health Care Law and Policy

No abstract provided.


Privacy On Planet Google: Using The Theory Of "Contextual Integrity" To Clarify The Privacy Threats Of Google's Quest For The Perfect Search Engine, Michael Zimmer Jan 2008

Privacy On Planet Google: Using The Theory Of "Contextual Integrity" To Clarify The Privacy Threats Of Google's Quest For The Perfect Search Engine, Michael Zimmer

Journal of Business & Technology Law

No abstract provided.


Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown Jan 2008

Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown

Journal of Health Care Law and Policy

No abstract provided.


The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black Jan 2008

The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black

Maryland Law Review

No abstract provided.


Retail Industry Leaders Ass’N V. Fielder: Erisa Preemption Trumps The “Play Or Pay” Law, Leslie` A. Harrelson Jan 2008

Retail Industry Leaders Ass’N V. Fielder: Erisa Preemption Trumps The “Play Or Pay” Law, Leslie` A. Harrelson

Maryland Law Review

No abstract provided.


Preserving The Writ: The Military Commission Act’S Unconstitutional Attempt To Deprive Lawful Resident Aliens Of Their Habeas Corpus Rights, Katy R. Jackman Jan 2008

Preserving The Writ: The Military Commission Act’S Unconstitutional Attempt To Deprive Lawful Resident Aliens Of Their Habeas Corpus Rights, Katy R. Jackman

Maryland Law Review

No abstract provided.


A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello Jan 2008

A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess Jan 2008

Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy Jan 2008

10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell Jan 2008

Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny Jan 2008

Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.