Constitutional Law Commons^™

Fish, Dams, And James Madison: Eighteenth-Century Species Protection And The Original Understanding Of The Takings Clause, John F. Hart

Maryland Law Review

No abstract provided.

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton

Faculty Scholarship

Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.

This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …

The Frictions Of Federalism: The Rise And Fall Of The Federal Common Law Of Interstate Nuisance, Robert V. Percival

Faculty Scholarship

Prior to the erection in the 1970s of a comprehensive federal regulatory infrastructure to protect the environment, transboundary pollution disputes frequently were adjudicated by the U.S. Supreme Court, exercising its original jurisdiction over disputes between states. In a series of cases commencing at the dawn of the Twentieth Century, the Court served as a national arbiter of interstate pollution disputes. This paper reviews the history of the Supreme Court's use of these cases to develop a federal common law of interstate nuisance.

The paper argues that while federal common law initially performed a zoning function by encouraging polluters to relocate …

Federal Maritime Commission V. South Carolina State Ports Authority: Small Iceberg Or Just The Tip?, Gordon G. Young

Faculty Scholarship

No abstract provided.

Tolerance As Understanding, Jay Schiffman

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

No abstract provided.

Narrowing The Nation's Power: The Supreme Court Sides With The States, By John T. Noonan, Jr., Matthew Fogelson

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

No abstract provided.

Why The Reparations Movement Should Fail, Gregory Kane

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

No abstract provided.

Obeisance To The Separation Of Powers And Protection Of Individuals' Rights And Liberties: The Honorable John C. Eldridge's Approach To Constitutional Analysis In The Court Of Appeals Of Maryland, 1974-2003, Lynne A. Battaglia

Maryland Law Review

No abstract provided.

Campaign Finance Disclosure And Section 527 Of The Code: A Look At The District Court's Opinion In National Federation Of Republican Assemblies, Donald B. Tobin

Faculty Scholarship

This report examines the decision of the U.S. District Court for the Southern District of Alabama in National Federation of Republican Assemblies v. United States, which dealt with section 527 political organizations.

The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young

Faculty Scholarship

No abstract provided.

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin R. Scordato, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Antebellum Perspectives On Free Speech, Mark A. Graber

Faculty Scholarship

Book review of Free Speech: "The People's Darling Privilege": Struggles for Freedom of Expression in American History by Michael Kent Curtis (Duke University Press, 2000).

Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens

Faculty Scholarship

No abstract provided.

One Man's Trash Is Another Man's Treasure, Bioprospecting: Protecting The Rights And Interests Of Human Donors Of Genetic Material, Anne Nichols Hill

Journal of Health Care Law and Policy

No abstract provided.

The Significance Of Border Crossings: Lopez, Morrison And The Fate Of Congressional Power To Regulate Goods, And Transactions Connected With Them, Based On Prior Passage Through Interstate Commerce, Gordon G. Young

Maryland Law Review

No abstract provided.

Foreword: The Legal History Of The Great Sit-In Case Of Bell V. Maryland, William L. Reynolds

Faculty Scholarship

Reviews the environment and history of the 1960 Baltimore sit-in case that eventually made its way to the United States Supreme Court.

Beyond Counting Votes: The Political Economy Of Bush V. Gore, Michael Abramowicz, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Faculty Scholarship

No abstract provided.

Social Democracy And Constitutional Theory: An Institutional Perspective, Mark A. Graber

Faculty Scholarship

No abstract provided.

Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa

Journal of Health Care Law and Policy

No abstract provided.

Board Of Trustees Of The University Of Alabama V. Garrett: A Flawed Standard Yields A Predictable Result, Mark A. Johnson

Maryland Law Review

No abstract provided.

Valentine V. On Target, Inc.: It Is Time To Hold Gun Dealers Accountable For The Negligent Storage Of Firearms, Michael T. Pedone

Maryland Law Review

No abstract provided.

Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young

Faculty Scholarship

No abstract provided.

The Case For Including Marks V. United States In The Canon Of Constitutional Law, Maxwell L. Stearns

Faculty Scholarship

In this essay, I would like to suggest adding a single case, with appropriate commentary, to the canon of constitutional law, as presented in introductory casebooks. Specifically, I suggest including Marks v. United States, as a principal case, or in the form of a detailed summary, immediately before or after the first major plurality decision. I should note that the case is rather short – nine pages in the U.S. Reports – and that it nominally involves obscenity doctrine. I would suggest, counterintuitively perhaps, that the case is more fruitfully presented toward the beginning of an introductory course in constitutional …

Naked Land Transfers And American Constitutional Development, Mark A. Graber

Faculty Scholarship

The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in …

Municipalities' Suits Against Gun Manufacturers - Legal Folly, Lawrence S. Greenwald, Cynthia A. Shay

Journal of Health Care Law and Policy

No abstract provided.

Forgotten Federalism: The Takings Clause And Local Land Use Decisions, Melvyn R. Durchslag

Maryland Law Review

No abstract provided.

National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther

Maryland Law Review

No abstract provided.

Enforcement Of Federal Private Rights Against States After Alden V. Maine: The Importance Of Hutto V. Finney And Compensation Via Civil Contempt Proceedings, Gordon G. Young

Maryland Law Review

No abstract provided.

The Remand That Made The Court Expand, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.