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2009

University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 234

Full-Text Articles in Law

Copyright For A Social Species, Robert E. Suggs Dec 2009

Copyright For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects ...


Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum Nov 2009

Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum

International & Comparative Law Colloquium Papers

Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality ...


The Leading Edge, V. 1, Issue 1, Fall 2009 Oct 2009

The Leading Edge, V. 1, Issue 1, Fall 2009

The Leading Edge: the Newsletter of the University of Maryland School of Law's Leadership, Ethics and Democracy Initiative

No abstract provided.


In Practice, V. 10, No. 1, Fall 2009 Oct 2009

In Practice, V. 10, No. 1, Fall 2009

In Practice

No abstract provided.


Environmental Law At Maryland, No. 28, Fall 2009 Oct 2009

Environmental Law At Maryland, No. 28, Fall 2009

Environmental Law at Maryland

No abstract provided.


C-Drum News, V. 3, No. 1, Fall 2009 Oct 2009

C-Drum News, V. 3, No. 1, Fall 2009

The C-DRUM News

No abstract provided.


Law & Health Care Newsletter, V. 17, No. 1, Fall 2009 Oct 2009

Law & Health Care Newsletter, V. 17, No. 1, Fall 2009

Law & Health Care Newsletter

No abstract provided.


Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland Oct 2009

Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland

Faculty Scholarship

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Fall 2009 Oct 2009

Mid-Atlantic Ethics Committee Newsletter, Fall 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger Sep 2009

Strengthening Security And Oversight At Biological Research Laboratories, Michael Greenberger

Congressional Testimony

With the advent of the Anthrax attacks in the fall of 2001, this Nation has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than the potential bioterrorist acts themselves. Indeed ...


Book Review: The Iraq War And International Law, Maxwell O. Chibundu Jul 2009

Book Review: The Iraq War And International Law, Maxwell O. Chibundu

Faculty Scholarship

A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.


Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor Apr 2009

Testimony Before The U.S. House Of Representatives, Committee On Science And Technology, Subcommittee On Investigations And Oversight. 111th Congress, 1st Session (2009)., Rena I. Steinzor

Congressional Testimony

No abstract provided.


The Google Book Search Settlement: Ends, Means, And The Future Of Books, James Grimmelmann Apr 2009

The Google Book Search Settlement: Ends, Means, And The Future Of Books, James Grimmelmann

Faculty Scholarship

For the past four years, Google has been systematically making digital copies of books in the collections of many major university libraries. It made the digital copies searchable through its web site--you couldn't read the books, but you could at least find out where the phrase you're looking for appears within them. This outraged copyright owners, who filed a class action lawsuit to make Google stop. Then, last fall, the parties to this large class action announced an even larger settlement: one that would give Google a license not only to scan books, but also to sell them ...


Newsletter, Spring/Summer 2009 Apr 2009

Newsletter, Spring/Summer 2009

Newsletter

No abstract provided.


In Practice, V. 9, No. 2, Spring 2009 Apr 2009

In Practice, V. 9, No. 2, Spring 2009

In Practice

No abstract provided.


Environmental Law At Maryland, No. 27, Spring 2009 Apr 2009

Environmental Law At Maryland, No. 27, Spring 2009

Environmental Law at Maryland

No abstract provided.


C-Drum News, V. 2, No. 2, Spring 2009 Apr 2009

C-Drum News, V. 2, No. 2, Spring 2009

The C-DRUM News

No abstract provided.


How To Fix The Google Book Search Settlement, James Grimmelmann Apr 2009

How To Fix The Google Book Search Settlement, James Grimmelmann

Faculty Scholarship

The proposed settlement in the Google Book Search case should be approved with strings attached. The project will be immensely good for society, and the proposed deal is a fair one for Google, for authors, and for publishers. The public interest demands, however, that the settlement be modified first. It creates two new entities—the Books Rights Registry Leviathan and the Google Book Search Behemoth—with dangerously concentrated power over the publishing industry. Left unchecked, they could trample on consumers in any number of ways. We the public have a right to demand that those entities be subject to healthy ...


Mid-Atlantic Ethics Committee Newsletter, Spring 2009 Apr 2009

Mid-Atlantic Ethics Committee Newsletter, Spring 2009

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


An Introduction To Social Choice, Maxwell L. Stearns Mar 2009

An Introduction To Social Choice, Maxwell L. Stearns

Faculty Scholarship

Social choice studies the differing implications of the concept of rationality (or transitivity) for individuals versus groups under specified conditions and the significance of these differences in various institutional decision making contexts. This introductory chapter on social choice for the Elgar Handbook on Public Choice (Elgar Publishing Company, Dan Farber and Anne O’Connell, editors), introduces the basic framework of social choice, considers the implications of social choice for various legal and policy contexts, and provides a framework for evaluating a range of normative proposals grounded in social choice for reforming lawmaking institutions. After a brief introduction, part II introduces ...


Brief Of Amici Curiae In Support Of Respondent, Robert Calvin Brown, Iii V. State Of Maryland, No. 08-118, Brenda Bratton Blom Mar 2009

Brief Of Amici Curiae In Support Of Respondent, Robert Calvin Brown, Iii V. State Of Maryland, No. 08-118, Brenda Bratton Blom

Court Briefs

Amici brief filed by the University of Maryland School of Law’s Clinical Program and members of the Baltimore legal community including legal educators, lawyers, student attorneys, service providers, government administrators, community based organizations, and nationally recognized individuals from community justice initiatives and organizations on Respondent’s behalf. The individuals and organizations represented in the brief have all collaborated together to build and support what are colloquially known as “problem solving dockets”: courts that are specialized, alternative sentencing dockets that offer diversionary programs to qualified offenders. The dockets are run out of Maryland’s district and circuit courts, but not ...


Religion, Constitutionalism, And Ethos, Neil Siegel Feb 2009

Religion, Constitutionalism, And Ethos, Neil Siegel

Schmooze 'tickets'

No abstract provided.


The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff Feb 2009

The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff

Schmooze 'tickets'

No abstract provided.


If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn Feb 2009

If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn

Schmooze 'tickets'

No abstract provided.


The Curious Case Of School Prayer: Political Entrepreneurship And The Relative (Im)Permeability Of Legal Institutions, Bradley D. Hays Feb 2009

The Curious Case Of School Prayer: Political Entrepreneurship And The Relative (Im)Permeability Of Legal Institutions, Bradley D. Hays

Schmooze 'tickets'

No abstract provided.


The Rule Against Scandal, Marci A. Hamilton Feb 2009

The Rule Against Scandal, Marci A. Hamilton

Schmooze 'tickets'

No abstract provided.


A Reflection On Native Americans And The Religion Clauses, Leslie F. Goldstein Feb 2009

A Reflection On Native Americans And The Religion Clauses, Leslie F. Goldstein

Schmooze 'tickets'

No abstract provided.


Is There A Paradox In Amending A Sacred Text?, Beau Breslin Feb 2009

Is There A Paradox In Amending A Sacred Text?, Beau Breslin

Schmooze 'tickets'

No abstract provided.


Like A Hole In The Head, Lief H. Carter Feb 2009

Like A Hole In The Head, Lief H. Carter

Schmooze 'tickets'

No abstract provided.


Sexuality, Religion, And The Right Of Conscience, Emily R. Gill Feb 2009

Sexuality, Religion, And The Right Of Conscience, Emily R. Gill

Schmooze 'tickets'

No abstract provided.