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Articles 301 - 330 of 560
Full-Text Articles in Constitutional Law
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
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.
A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello
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.
Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny
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.
Limits On Injunctive Relief Under The Ada: Rethinking The Standing Rule For Deaf Patients In The Medical Setting, Michael A. Schwartz
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.
Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown
Double Helix, Double Standards: Private Matters And Public People, Teneille R. Brown
Journal of Health Care Law and Policy
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
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.
Retail Industry Leaders Ass’N V. Fielder: Erisa Preemption Trumps The “Play Or Pay” Law, Leslie` A. Harrelson
Retail Industry Leaders Ass’N V. Fielder: Erisa Preemption Trumps The “Play Or Pay” Law, Leslie` A. Harrelson
Maryland Law Review
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
Journal of Business & Technology Law
No abstract provided.
The Price Of Fame: Brown As Celebrity, Mark A. Graber
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 …
Gonzales V. Carhart: No Limits To What Congress May Now “Find”, M. Katherine Burgess
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.
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.
Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds
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 …
Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young
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.
Hamdan As An Assertion Of Judicial Power, Jana B. Singer
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
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
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 …
Tied Up In Knotts? Gps Technology And The Fourth Amendment, Renée Mcdonald Hutchins
Tied Up In Knotts? Gps Technology And The Fourth Amendment, Renée Mcdonald Hutchins
Faculty Scholarship
Judicial and scholarly assessment of emerging technology seems poised to drive the Fourth Amendment down one of three paths. The first would simply relegate the amendment to a footnote in history books by limiting its reach to harms that the framers specifically envisioned. A modified version of this first approach would dispense with expansive constitutional notions of privacy and replace them with legislative fixes. A third path offers the amendment continued vitality but requires the U.S. Supreme Court to overhaul its Fourth Amendment analysis. Fortunately, a fourth alternative is available to cabin emerging technologies within the existing doctrinal framework. Analysis …
What Is A Twentieth-Century Constitution?, Peter E. Quint
What Is A Twentieth-Century Constitution?, Peter E. Quint
Faculty Scholarship
At present, almost all of the constitutions in the world are twentieth-century constitutions; indeed, most of them were not adopted until the second half of the twentieth century. Accordingly, the eighteenth-century Constitution of the United States -- which includes the original constitution of 1787-89; the first ten amendments, adopted in 1791; and the Eleventh Amendment, adopted in 1798 -- antedates most other constitutions of the world by at least 150 years. Using the eighteenth-century Constitution of the United States as a form of base-line (a method that may be parochial, but one that I think also has a lot to …
"No Better Than They Deserve:" Dred Scott And Constitutional Democracy, Mark A. Graber
"No Better Than They Deserve:" Dred Scott And Constitutional Democracy, Mark A. Graber
Faculty Scholarship
No abstract provided.
Why Justice Scalia Should Be A Constitutional Comparativist ... Sometimes, David C. Gray
Why Justice Scalia Should Be A Constitutional Comparativist ... Sometimes, David C. Gray
Faculty Scholarship
The burgeoning literature on transjudicialism and constitutional comparativism generally reaffirms the familiar lines of contest between textualists and those more inclined to read the Constitution as a living document. As a consequence, it tends to be politicized, if not polemic. This article begins to shift the debate toward a more rigorous focus on first principles. In particular, it argues that full faith to the basic commitments of originalism, as advanced in Justice Scalia's writings, opinions, and speeches, requires domestic courts to consult contemporary foreign sources when interpreting universalist language found in the Constitution. While the article does not propose a …
Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber
Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber
Faculty Scholarship
“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …
False Modesty: Felix Frankfurter And The Tradition Of Judicial Restraint, Mark A. Graber
False Modesty: Felix Frankfurter And The Tradition Of Judicial Restraint, Mark A. Graber
Faculty Scholarship
Professor Jeffrey Rosen is the leading champion of judicial modesty among legal academics and public philosophers. Throughout his career, Professor Rosen has vigorously condemned justices “when they have tried to impose intensely contested visions of the Constitution on a divided nation.” This commentary on his Foulston lecture at Washburn Law School suggests that proponents of judicial restraint must avoid traps of false modesty which ensnared Justice Felix Frankfurter. The constitutional politics responsible for Poe v. Ullman and Barnette v. West Virginia State Board of Education challenge the too simple understanding of judicial unilateralism that Frankfurter advanced in his opinions in …
Aedpa's Wrecks: Comity, Finality, And Federalism, Lee B. Kovarsky
Aedpa's Wrecks: Comity, Finality, And Federalism, Lee B. Kovarsky
Faculty Scholarship
Over the last decade, federal courts have internalized the idea that interpretations of the Antiterrorism and Effective Death Penalty Act (AEDPA) should disfavor habeas relief. This Article explores the strange legislative history surrounding AEDPA's passage and the resulting problems in using 'comity, finality, and federalism' to express this interpretive mood. It demonstrates that such a simplistic reading of habeas reform is deeply misguided. Through the use of public choice and related models, the Article explores the roots of this interpretive problem. It ultimately rejects any attempt to characterize AEDPA by reference to legislative purpose.
Eminent Domain: A Legal And Economic Critique, Nadia E. Nedzel, Walter Block
Eminent Domain: A Legal And Economic Critique, Nadia E. Nedzel, Walter Block
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Youngstown, Hamdan, And “Inherent” Emergency Presidential Policymaking Powers, Gordon G. Young
Youngstown, Hamdan, And “Inherent” Emergency Presidential Policymaking Powers, Gordon G. Young
Maryland Law Review
No abstract provided.
Silences And Peculiarities Of The Hamdan Opinions, Peter E. Quint
Silences And Peculiarities Of The Hamdan Opinions, Peter E. Quint
Maryland Law Review
No abstract provided.
The Balkanization Of Originalism, James E. Fleming
The Balkanization Of Originalism, James E. Fleming
Maryland Law Review
No abstract provided.
R.J. Reynolds Tobacco Co. V. Shewry: Has The Tobacco Industry Met Its Match?, Lauren Rachel Bregman
R.J. Reynolds Tobacco Co. V. Shewry: Has The Tobacco Industry Met Its Match?, Lauren Rachel Bregman
Journal of Health Care Law and Policy
No abstract provided.
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Maryland Law Review
No abstract provided.
Symposium - The Maryland Constitutional Law Schmooze Foreword: Making Sense Of An Eighteenth-Century Constitution In A Twenty-First-Century World, Mark A. Graber
Maryland Law Review
No abstract provided.