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2009

University of Maryland Francis King Carey School of Law

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Articles 211 - 226 of 226

Full-Text Articles in Law

Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg Jan 2009

Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg

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

No abstract provided.


Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss Jan 2009

Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss

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

No abstract provided.


The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren Jan 2009

The Role Of Courts Vis-À-Vis Legislatures In The Same-Sex Marriage Context: Sexual Orientation As A Suspect Classification, Ingrid M. Lofgren

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

No abstract provided.


Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz Jan 2009

Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz

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

No abstract provided.


Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz Jan 2009

Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz

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

No abstract provided.


Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes Jan 2009

Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes

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

No abstract provided.


The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert Jan 2009

The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert

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

No abstract provided.


Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr. Jan 2009

Boumediene V. Bush: Justice Scalia’S Fear Of An Unfamiliar Race And Religion, Scott S. Allen Jr.

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

No abstract provided.


Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook Jan 2009

Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook

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

No abstract provided.


Matter Of A-T-: Opening The Door For Gender As A Particular Social Group In Asylum Applications, Kelleen O'Fallon Jan 2009

Matter Of A-T-: Opening The Door For Gender As A Particular Social Group In Asylum Applications, Kelleen O'Fallon

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

No abstract provided.


Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power Jan 2009

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Faculty Scholarship

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …


Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Jan 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

In this survey, we review electronic contracting cases decided between June 15, 2008 and June 15, 2009. During that period we found that there was not much action on the formation by click-wrap and browse-wrap front. We have previously observed that the law of electronic contracts has matured, and the fact that there have not been any decisions on whether click-wrap and browse-wrap are effective ways of forming contracts reflects that observation. This year brought us three modification cases, two cases in which a party alleged that it was not bound to the offered terms because an unauthorized party agreed …


The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival Jan 2009

The Emergence Of Global Environmental Law, Tseming Yang, Robert V. Percival

Faculty Scholarship

With the global growth of public concern about environmental issues over the last several decades, environmental legal norms have become increasingly internationalized. This development has been reflected both in the surge of international environmental agreements as well as the growth and increased sophistication of national environmental legal systems around the world. The result is the emergence of a set of legal principles and norms regarding the environment, such that one can arguably describe it as a body of law. After exploring the diverse forces that are contributing to the emergence of what we call “global environmental law,” this Article considers …


A Return To Common Sense: Protecting Health, Safety, And The Environment Through 'Pragmatic Regulatory Impact Analysis', Rena I. Steinzor, Amy Sinden, Sidney A. Shapiro, James Goodwin Jan 2009

A Return To Common Sense: Protecting Health, Safety, And The Environment Through 'Pragmatic Regulatory Impact Analysis', Rena I. Steinzor, Amy Sinden, Sidney A. Shapiro, James Goodwin

Faculty Scholarship

Health and safety regulations have a more powerful impact on the quality of life in America than any other affirmative decision the government makes, except perhaps decisions to go to war or pull in the social safety net. To a great extent, the purity of the food we eat and all the medicines we take, the quality of the air we breathe and the water we drink, the safety of industrial workplaces, and the preservation of the myriad natural systems that support life as we know it are dependent on how effectively government polices the side effects of manufacturing. Yet …


The Hidden Human And Environmental Costs Of Regulatory Delay, Catherine O'Neill, Amy Sinden, Rena I. Steinzor, James Goodwin, Ling-Yee Huang Jan 2009

The Hidden Human And Environmental Costs Of Regulatory Delay, Catherine O'Neill, Amy Sinden, Rena I. Steinzor, James Goodwin, Ling-Yee Huang

Faculty Scholarship

Each year dozens of workers are killed, thousands of children harmed, and millions of dollars wasted because of unjustifiable delays in federal regulatory action. Such delays in regulatory action have become commonplace, part of the wallpaper of Washington’s regulatory process for the protector agencies—the Consumer Product Safety Commission (CPSC), EPA, the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA), and OSHA. Despite its significance, the problem of regulatory delay and the costs it generates has been virtually ignored in the debate over the general wisdom of the U.S. regulatory system over the last 30-plus years. Opponents …


Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine Jan 2009

Miranda, Dickerson, And Jewish Legal Theory: The Constitutional Rule In A Comparative Analytical Framework, Samuel J. Levine

Maryland Law Review

No abstract provided.