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Articles 211 - 240 of 560
Full-Text Articles in Constitutional Law
Contract, Race, And Freedom Of Labor In The Constitutional Law Of "Involuntary Servitude", James G. Pope
Contract, Race, And Freedom Of Labor In The Constitutional Law Of "Involuntary Servitude", James G. Pope
Schmooze 'tickets'
The Supreme Court has yet to adopt and apply a standard for assessing labor rights claims under the involuntary servitude clause. This article suggests that one may be found in the leading decision of Pollock v. Williams (1944), which contains the Court’s most thorough discussion of the interpretive issues. Under Pollock, a claimed right should be protected if it is necessary to provide workers with the “power below” and employers the “incentive above” to prevent “a harsh overlordship or unwholesome conditions of work.” Although this is not the only conceivable standard, it does fit well with the text, history, and …
The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski
The Enduring Legacy Of The Thirteenth Amendment, Robert J. Kaczorowski
Schmooze 'tickets'
No abstract provided.
James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow
James Ashley And The Thirteenth Amendment, Rebecca E. Zietlow
Schmooze 'tickets'
No abstract provided.
A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde
A Grievance Based Interpretation Of The Thirteenth Amendment, Lea Vandervelde
Schmooze 'tickets'
No abstract provided.
The Reconstruction Power, Jack M. Balkin
Slavery And The Phenomenology Of Torture, Sanford Levinson
Slavery And The Phenomenology Of Torture, Sanford Levinson
Schmooze 'tickets'
No abstract provided.
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Constitutional Politics, Constitutional Law, And The Thirteenth Amendment, Michael Les Benedict
Schmooze 'tickets'
No abstract provided.
Money Talks But It Isn't Speech, Deborah Hellman
Money Talks But It Isn't Speech, Deborah Hellman
Faculty Scholarship
This Article challenges the central premise of our campaign finance law, namely that restrictions on giving and spending money constitute restrictions on speech and thus can only be justified by compelling governmental interests. This claim has become so embedded in constitutional doctrine that in the most recent Supreme Court case in this area, Citizens United v. FEC, the majority asserts it without discussion or argument. This claim is often defended on the grounds that money is important or necessary for speech. While money surely facilitates speech, money also facilitates the exercise of many other constitutional rights. By looking at these …
Money And Rights, Deborah Hellman
Money And Rights, Deborah Hellman
Faculty Scholarship
This chapter looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.
Who's In Charge? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival
Who's In Charge? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival
Faculty Scholarship
No abstract provided.
From Racial Discrimination To Separate But Equal: The Common Law Impact Of The Thirteenth Amendment, David S. Bogen
From Racial Discrimination To Separate But Equal: The Common Law Impact Of The Thirteenth Amendment, David S. Bogen
Faculty Scholarship
Many forces produced the shift in the United States from the acceptance of slavery and racial inequality to the doctrine of separate but equal. The 13th Amendment abolished slavery and authorized legislation to enforce that abolition, but these well-known direct effects are only part of the story. This paper examines the Amendment’s indirect impact on racial discrimination – furthering a standard of equality in public relationships without threatening the existing racial separation. The Amendment is evidence of a change in values that justified overturning prior decisions, and abolition created a new context for legislation and common law decisions. It reinforced …
Prosecution Without Representation, Douglas L. Colbert
Prosecution Without Representation, Douglas L. Colbert
Faculty Scholarship
Nearly 50 years after the Supreme Court's landmark ruling in Gideon v. Wainwright established indigent defendants' constitutional right to counsel, poor people throughout the country still remain without a lawyer when first appearing before a judicial officer who determines pretrial liberty or bail. Absent counsel, low-income defendants unable to afford bail remain in jail for periods ranging from 3-70 days until assigned counsel appears in-court. Examining Walter Rothgery's wrongful prosecution, the article includes a national survey that informs readers about the limited right to counsel at the initial appearance and the extent of delay in each of the 50 states. …
Money And Rights, Deborah Hellman
Money And Rights, Deborah Hellman
Faculty Scholarship
This article looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber
Faculty Scholarship
The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dalogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …
Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Faculty Scholarship
The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law …
Habeas Verité, Lee B. Kovarsky
Habeas Verité, Lee B. Kovarsky
Faculty Scholarship
Three recent books from varied academic disciplines demonstrate that habeas is as much about power as it is about liberty - the power of some judges over other magistrates, the power of the judiciary over coordinagte governing institutions, and the power of dominant political coalitions ovefr the opposition.
"Displaced By A Force To Which They Yielded And Could Not Resist": A Historical And Legal Analysis Of Mayor And City Counsel Of Baltimore V. Charles Howard Et. Al, Matthew Kent
Legal History Publications
The experience of the Baltimore Police Commissioners is instructive in understanding the state of affairs in Baltimore during the Civil War era. The removal of the commissioners by the Union Army and the subsequent civil trial, The Mayor and City Council of Baltimore v. Charles Howard, provides a window through which one may examine the historical, legal and political circumstances of the time. The legal status of the commissioners also sheds light on modern legal doctrine related to the detention of American citizens as “enemy combatants” without the benefit of certain constitutional guarantees. By analyzing the Howard case with a …
Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff
Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Arizona V. Gant: Missing An Opportunity To Banish Bright Lines From The Court’S Vehicular Search Incident To Arrest Jurisprudence, Jack Blum
Maryland Law Review
No abstract provided.
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
The Thirteenth Amendment, Interest Convergence, And The Badges And Incidents Of Slavery, William M. Carter Jr.
Maryland Law Review
No abstract provided.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope
Maryland Law Review
No abstract provided.
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov
Maryland Law Review
No abstract provided.
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow
Maryland Law Review
No abstract provided.
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn
Maryland Law Review
No abstract provided.
Full-Body Scanners: Tsa's New "Optional" System For Airport Searches, Stuart A. Hindman
Full-Body Scanners: Tsa's New "Optional" System For Airport Searches, Stuart A. Hindman
Student Articles and Papers
While the world of commercial air transportation has seen major improvements in many technologies over the last decade, nothing has caused a stir quite like the implementation of full-body scanners (FBS) as a one of the first lines of defense in aviation security at U.S. airports. FBS and “enhanced” pat-downs have been the source of much debate and scrutiny among passengers, flight crews, privacy rights groups, and federal authorities in charge of airport screening. The paper begins with a general overview of the law as it pertains to airport searches and privacy rights. In Part II, the technology behind the …
Original Habeas Redux, Lee B. Kovarsky
Original Habeas Redux, Lee B. Kovarsky
Faculty Scholarship
This article explores what is perhaps the Supreme Court’s most exotic appellate power— its authority to issue (inaptly-named) “original” writs of habeas corpus. Although I have been working on Original Habeas Redux for some time, the Troy Davis case has recently thrust this topic into the national spotlight. In Davis (2009), the Supreme Court exercised, for the first time in over forty years, its power to transfer an original habeas petition to a district court for merits adjudication. Having collected and tabulated two decades of new data, I argue that Davis is not a blip in an otherwise constant state …
Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity, Bryce Donohue
Independent Newspapers, Inc. V. Brodie: Maryland's Precarious Balance Between Internet Defamation And The Right To Eanonymity, Bryce Donohue
Journal of Business & Technology Law
No abstract provided.