Law and Society Commons^™

The Automated Fourth Amendment, Maneka Sinha

Faculty Scholarship

Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …

When Originalism Failed: Lessons From Tort Law, Donald G. Gifford, Richard C. Boldt, Christopher J. Robinette

Faculty Scholarship

Two recent Supreme Court decisions upended American life. Opinions released on consecutive days in June 2022 overturned the right of reproductive choice nationwide and invalidated a statute regulating the carrying of concealed weapons in New York. The opinions were united by a common methodology. Pursuant to what one scholar terms “thick” originalism, history, as told by the majority, dictated the resolution of constitutional disputes.

This Article explores the use of thick originalism in several celebrated torts cases that raised constitutional issues. These cases illustrate two significant kinds of problems associated with a rigid historical approach to constitutional interpretation. The first …

Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman

Faculty Scholarship

No abstract provided.

Dystopian Dreams, Utopian Nightmares: Ai And The Permanence Of Racism, Chaz Arnett

Faculty Scholarship

This Essay draws connections between Octavia Butler’s Parable series (Parable of the Sower and Parable of the Talents), HBO’s Westworld, and Derrick Bell’s Faces at the Bottom of the Well: The Permanence of Racism to highlight how the reconfiguration and transmutation of race through technological change is facilitated by corresponding shifts in legal doctrine, theory, policy, and practice. It takes the overlapping threads from these three sources, which struggle with the idea of change within larger systems of unavoidable, repetitive destruction, and ties them to the law’s role in helping to shield race through the storms of change …

Federalism And The Right To Travel: Medical Aid In Dying And Abortion, Leslie Francis, John Francis

Journal of Health Care Law and Policy

No abstract provided.

Precedent, Reliance, And Morality At The End Of Roe V. Wade, Max Stearns

Maryland Law Review Online

No abstract provided.

Internet-Era Human Trafficking And The Need For A Better International Legal Instrument, Wesley Schrock

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

No abstract provided.

Black Mothers Matter: The Social, Political And Legal Determinants Of Black Maternal Health Across The Lifespan, Elizabeth Tobin Tyler

Journal of Health Care Law and Policy

No abstract provided.

Defining And Demystifying Automated Decision Systems, Rashida Richardson

Maryland Law Review

No abstract provided.

Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt

Faculty Scholarship

Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness

Abstract

While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that are …

Contract's Influence On Feminism And Vice Versa, Martha M. Ertman

Faculty Scholarship

Feminist legal theory has both embraced and rejected contract. While contract-based conceptual and doctrinal tools have improved women’s economic and social status, feminists also critique contract-based reforms for colluding with hierarchies of gender, race and class. This chapter charts influential work on both sides of the contract debate and identifies a third approach that sees contract as a mechanism for law to move away from a hierarchal regime by stopping at a contractual way station en route to a more equal system of public ordering. It concludes by identifying ways that feminist legal theorists have injected feminist insights into traditional …

Between Accommodation And Favoritism: The Need For A Political Power Factor In Religious Exemption Adjudication, Karin Jønch-Clausen

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

No abstract provided.

Locked Up In The Eye Of The Storm: A Case For Heightened Legal Protections For Incarcerated People During Hurricanes, Maya Habash

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

No abstract provided.

Inside-Out: Bringing Law Students Face-To-Face With Injustice, Romie Griesmer

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

No abstract provided.

Covid-19 & Food Insecurity: How The Covid-19 Pandemic Has Exacerbated Food Insecurity And Will Disproportionally Affect Low Income And Minority Groups, George Rice

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

No abstract provided.

Releasing Older Prisoners Convicted Of Violent Crimes: The Unger Story, Michael Millemann, Jennifer Elisa Chapman, Samuel P. Feder

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

No abstract provided.

Deciphering Property Insurers’ Indemnification Obligations After Disasters, Pandemics And Business Interruption Losses: An Analysis Of State Supreme Courts And Federal Circuits’ Declaratory Judgments, Willy E. Rice

Journal of Business & Technology Law

No abstract provided.

Cgi Social Media Influencers: Are They Above The Ftc’S Influence?, Kelly Callahan

Journal of Business & Technology Law

No abstract provided.

Mental Healthcare For Immigrants And First-Generation Families: Erasing The Stigma And Creating Solutions, Claudia Fendian

Journal of Health Care Law and Policy

No abstract provided.

Equality And Sufficiency In Health Care Reform, Gabriel Scheffler

Maryland Law Review

No abstract provided.

Public Health Challenges Of Delivering Covid-19 Vaccines, Anthony D. So

Maryland Journal of International Law

No abstract provided.

Coercive Interventions In Pregnancy: Law And Ethics, Debra Debruin, Mary Faith Marshall

Journal of Health Care Law and Policy

No abstract provided.

The Tobacco Control Act’S Pmta And Mrtp Provisions Mean To Protect The Usa From Any New Tobacco Products That Will Not Reduce Health Harms—But Fda Isn’T Cooperating, Eric N. Lindblom

Journal of Health Care Law and Policy

No abstract provided.

Social Justice As A Necessary Guide To Public Health Disaster Response, Stephen S. Hanson

Journal of Health Care Law and Policy

No abstract provided.

Trust In The Balance: Prescription Drug Risks, Patient Perspectives, And Legal (Re) Considerations, Joshua E. Perry, Dena Cox, Anthony Cox, Dale B. Thompson

Journal of Health Care Law and Policy

No abstract provided.

Vaccination, Disabled Children, And Parental Income, Karen Syma Czapanskiy

Journal of Health Care Law and Policy

No abstract provided.

Cannabis Considerations For Health Care Entities, Vanessa K. Burrows

Journal of Health Care Law and Policy

No abstract provided.

Under Attack: Transgender Health In 2020, Paula M. Neira, An Na Lee

Journal of Health Care Law and Policy

No abstract provided.

“Trapped” In A Public Health Emergency: How Abortion Restrictions During The Covid-19 Pandemic Mirror Earlier Attacks On The Abortion Right And How Judicial Review Failed To Protect It, Nancy L. Dordal

Maryland Law Review

No abstract provided.

Properties Of Intimacy, Emily J. Stolzenberg

Maryland Law Review

No abstract provided.