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University of Maryland Francis King Carey School of Law

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Articles 361 - 390 of 560

Full-Text Articles in Constitutional Law

Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer Jan 2006

Juristocracy In The Trenches: Problem-Solving Judges And Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard Boldt, Jana Singer

Maryland Law Review

No abstract provided.


Judicial Power And Mobilizable History, Richard A. Primus Jan 2006

Judicial Power And Mobilizable History, Richard A. Primus

Maryland Law Review

No abstract provided.


Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff Jan 2006

Is There A Political Tilt To "Juristocracy"?, Carol Nackenoff

Maryland Law Review

No abstract provided.


The Maryland/Georgetown Constitutional Law Schmooze - Foreword: From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber Jan 2006

The Maryland/Georgetown Constitutional Law Schmooze - Foreword: From The Countermajoritarian Difficulty To Juristocracy And The Political Construction Of Judicial Power, Mark A. Graber

Maryland Law Review

No abstract provided.


Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink Jan 2006

Beyond Manicheanism: Assessing The New Constitutionalism, Lisa Hilbink

Maryland Law Review

No abstract provided.


Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine Jan 2006

Judges, Legislators, And Europe's Law: Common-Law Constitutionalism And Foreign Precedents, Noga Morag-Levine

Maryland Law Review

No abstract provided.


Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein Jan 2006

Sequencing The Dna Of Comparative Constitutionalism: A Thought Experiment, Gordon Silverstein

Maryland Law Review

No abstract provided.


Juristocracy In The American States?, Robert F. Williams Jan 2006

Juristocracy In The American States?, Robert F. Williams

Maryland Law Review

No abstract provided.


Smoke, Not Fire, Neal Devins Jan 2006

Smoke, Not Fire, Neal Devins

Maryland Law Review

No abstract provided.


Freedom Of Dress: State And Private Regulation Of Clothing, Hairstyle, Jewelry, Makeup, Tattoos, And Piercing, Gowri Ramachandran Jan 2006

Freedom Of Dress: State And Private Regulation Of Clothing, Hairstyle, Jewelry, Makeup, Tattoos, And Piercing, Gowri Ramachandran

Maryland Law Review

No abstract provided.


The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns Jan 2006

The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns

Faculty Scholarship

The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine implicates concerns for federalism and separation of powers, both of which are rooted in the earliest part of our constitutional history, the new Court presents an ideal opportunity to critically assess existing doctrines and to develop new analytical paradigms. The Rehnquist Court succeeded for the first time in sixty years in imposing substantive limits on the scope of this important source of Congressional power. That Court proved far less successful, however, in developing a coherent normative theory that reconciles the …


Delegation To Courts And Legitimacy, Karol Soltan Jan 2006

Delegation To Courts And Legitimacy, Karol Soltan

Maryland Law Review

No abstract provided.


Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux Jan 2006

Assessing Juristocracy: Are Judges Rulers Or Agents?, George I. Lovell, Scott E. Lemieux

Maryland Law Review

No abstract provided.


"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint Jan 2006

"The Most Extraordinarily Powerful Court Of Law The World Has Ever Known"? Judicial Review In The United States And Germany, Peter E. Quint

Maryland Law Review

No abstract provided.


The Justices And The Generals: A Critical Examination Of The U.S. Supreme Court's Tradition Of Deference To The Military, 1918-2004, Steven B. Lichtman Jan 2006

The Justices And The Generals: A Critical Examination Of The U.S. Supreme Court's Tradition Of Deference To The Military, 1918-2004, Steven B. Lichtman

Maryland Law Review

No abstract provided.


Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton Oct 2005

Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton

Faculty Scholarship

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning whether …


Settling The West: The Annexation Of Texas, The Louisiana Purchase, And Bush V. Gore, Mark A. Graber Jan 2005

Settling The West: The Annexation Of Texas, The Louisiana Purchase, And Bush V. Gore, Mark A. Graber

Faculty Scholarship

No abstract provided.


Toward Flawlessness, Peter E. Quint Jan 2005

Toward Flawlessness, Peter E. Quint

Faculty Scholarship

No abstract provided.


Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza Jan 2005

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Maryland Law Review

No abstract provided.


Preferring White Lives: The Racial Administration Of The Death Penalty In Maryland, Michael Millemann, Gary W. Christopher Jan 2005

Preferring White Lives: The Racial Administration Of The Death Penalty In Maryland, Michael Millemann, Gary W. Christopher

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

No abstract provided.


Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright Jan 2005

Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright

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

No abstract provided.


Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca Jan 2005

Crawford V. Washington: The Admissibility Of Statements To Physicians And The Use Of Closed-Circuit Television In Cases Of Child Sexual Abuse, Jon Simon Stefanuca

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

No abstract provided.


Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe Jan 2005

Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe

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

No abstract provided.


The Jacksonian Makings Of The Taney Court, Mark A. Graber Jan 2005

The Jacksonian Makings Of The Taney Court, Mark A. Graber

Faculty Scholarship

Many twentieth century commentators regard the willingness of Taney Court majorities to declare laws unconstitutional as proof that the justices on that tribunal adjured Jacksonian partisanship upon taking the bench. Old Republicans during the 1820s fulminated against judicial review of state legislation and sought to repeal Section 25 of the Judiciary Act of 1787, but they were apparently frustrated by a Taney Court which continued imposing contract clause and dormant commerce clause limits on state power. This paper demonstrates that Jacksonians in office supported judicial power. Jacksonian animus was more directed at McCulloch v. Maryland than either Marbury v. Madison …


The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen Jan 2005

The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen

Faculty Scholarship

This paper argues that the market participant exception to the dormant commerce clause reflects the same concerns that led to the clear statement doctrine for application of general legislation to the operations of state governments. The genius of the Constitution was to make federal law directly applicable to individuals instead of through state governments – this made enforcement easier and avoided confrontation between the state and nation. Confrontation in which the federal authorities order the state to act in a particular way should be a result of consideration of the need to do so. But the dormant commerce clause by …


Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger Nov 2004

Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger

Faculty Scholarship

The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …


Regulate, Don't Eliminate, 527s, Donald B. Tobin Oct 2004

Regulate, Don't Eliminate, 527s, Donald B. Tobin

Faculty Scholarship

No abstract provided.


Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton May 2004

Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton

Faculty Scholarship

Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers’ views are not mistakenly attributed to the government. Consider, for example, Virginia’s efforts to ban the Sons of Confederate Veterans’ display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of “hate” or “heritage,” Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier “VIRGINIA.” The Fourth Circuit was unpersuaded, holding that the …


The Sway Of The Swing Vote: Justice Sandra Day O'Connor And Her Influence On Issues Of Race, Religion, Gender And Class: Foreword, Paula A. Monopoli Jan 2004

The Sway Of The Swing Vote: Justice Sandra Day O'Connor And Her Influence On Issues Of Race, Religion, Gender And Class: Foreword, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Slaughter-House Five: Views Of The Case, David S. Bogen Jan 2004

Slaughter-House Five: Views Of The Case, David S. Bogen

Faculty Scholarship

No abstract provided.