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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 270

Full-Text Articles in Social and Behavioral Sciences

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford Jan 2019

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford

Faculty Scholarship

No abstract provided.


Establishing Bilateral Trade Agreement Without Mutual Diplomatic Relations: The Case Of The Republic Of China On Taiwan, Yao-Yuan Yeh, Fang-Yu Chen Jan 2017

Establishing Bilateral Trade Agreement Without Mutual Diplomatic Relations: The Case Of The Republic Of China On Taiwan, Yao-Yuan Yeh, Fang-Yu Chen

Maryland Series in Contemporary Asian Studies

No abstract provided.


Singapore: A Story Unfolding, Thomas J. Bellows Jan 2017

Singapore: A Story Unfolding, Thomas J. Bellows

Maryland Series in Contemporary Asian Studies

No abstract provided.


Combating Asian Corruption: Enhancing The Effectiveness Of Anti-Corruption Agencies, Jon S.T. Quah Jan 2017

Combating Asian Corruption: Enhancing The Effectiveness Of Anti-Corruption Agencies, Jon S.T. Quah

Maryland Series in Contemporary Asian Studies

No abstract provided.


Evolutions In Copyright And Licensing Models: Snapshots From The U.S. And Mandarin Music Markets, Chien-Chih Lu Jan 2017

Evolutions In Copyright And Licensing Models: Snapshots From The U.S. And Mandarin Music Markets, Chien-Chih Lu

Maryland Series in Contemporary Asian Studies

No abstract provided.


Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison Jan 2017

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …


Taiwan And Southeast Asia: Opportunities And Constraints Of Continued Engagement, Bo-Jiun Jing Jan 2016

Taiwan And Southeast Asia: Opportunities And Constraints Of Continued Engagement, Bo-Jiun Jing

Maryland Series in Contemporary Asian Studies

Over the past three decades, Taiwan has seen continued and expanded engagement with Southeast Asia. In the late 1980s and the early 1990s, under LEE Teng-hui’s presidency, the Republic of China (hereafter, R.O.C. or Taiwan) started to pursue a set of “Go South” policy initiatives to deepen its ties with the member countries of the Association of Southeast Asian Nations (ASEAN), aimed at securing the island’s political and economic interests in the region.

This monograph attempts to analyze Taiwan-ASEAN relations from a variety of perspectives: political development, economic cooperation, and cultural engagement, as well as the related dynamics with mainland …


China's Epochal Case: A Tale Of Two Ships, James A.R. Nafziger Jan 2016

China's Epochal Case: A Tale Of Two Ships, James A.R. Nafziger

Maryland Series in Contemporary Asian Studies

No abstract provided.


Cyber Wrongs In Greater China, Greg Tzu Jan Yang Jan 2016

Cyber Wrongs In Greater China, Greg Tzu Jan Yang

Maryland Series in Contemporary Asian Studies

No abstract provided.


Sleep: A Human Rights Issue, Clark J. Lee Jan 2016

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …


Faced With Crisis: The Importance Of Establishing A Comprehensive Crisis Management Plan, David E. Matchen Jr., Jason Hawkins Nov 2015

Faced With Crisis: The Importance Of Establishing A Comprehensive Crisis Management Plan, David E. Matchen Jr., Jason Hawkins

Faculty Scholarship

No abstract provided.


The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale Jul 2015

The Spectrum Of Control: A Social Theory Of The Smart City, Jathan Sadowski, Frank A. Pasquale

Faculty Scholarship

There is a certain allure to the idea that cities allow a person to both feel at home and like a stranger in the same place. That one can know the streets and shops, avenues and alleys, while also going days without being recognized. But as elites fill cities with “smart” technologies—turning them into platforms for the “Internet of Things” (IoT): sensors and computation embedded within physical objects that then connect, communicate, and/or transmit information with or between each other through the Internet—there is little escape from a seamless web of surveillance and power. This paper will outline a social …


The Algorithmic Self, Frank A. Pasquale Apr 2015

The Algorithmic Self, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Localists And “Locusts” In Hong Kong: Creating A Yellow-Red Peril Discourse, Barry Sautman, Hairong Yan Jan 2015

Localists And “Locusts” In Hong Kong: Creating A Yellow-Red Peril Discourse, Barry Sautman, Hairong Yan

Maryland Series in Contemporary Asian Studies

Hong Kong’s “localists” depict mainlanders as locusts ruining the territory and bringing an end to a vaunted way of life.

In this article, we first discuss anti-mainlander prejudice in Hong Kong and its resemblance to earlier biases by Shanghai people against Chinese from neighboring provinces. We then empirically test claims localists make about the mainlander presence in Hong Kong and show that mainland visitors and migrants are not working the harms attributed to them. There follows a review of “insect language” as integral to racial vilification in several settings, with Hong Kong’s anti-locust movement a recent example. We go on …


Hunting The Corrupt “Tigers” And “Flies” In China: An Evaluation Of Xi Jinping’S Anti-Corruption Campaign (November 2012 To March 2015), Jon S.T. Quah Jan 2015

Hunting The Corrupt “Tigers” And “Flies” In China: An Evaluation Of Xi Jinping’S Anti-Corruption Campaign (November 2012 To March 2015), Jon S.T. Quah

Maryland Series in Contemporary Asian Studies

After becoming the General Secretary of the CCP and Chairman of the Central Military Commission (CMC) at the 18th Party Congress in November 2012, Xi launched an anti-corruption campaign to eliminate the “tigers and flies” who had become rich through bribery and patronage.

According to Transparency International’s Corruption Perceptions Index (CPI) of 2012, China was ranked 80th among 176 countries with a score of 39/100. China’s performance did not improve significantly in 2013 and dropped significantly from 80th to 100th position in 2014 with a decrease in its score from 40 to 36.

Is China’s significant decline in its CPI …


Peaceful Settlement Of Disputes In The South China Sea Through Fisheries Resources Cooperation And Management, Kuan-Hsiung Wang Jan 2015

Peaceful Settlement Of Disputes In The South China Sea Through Fisheries Resources Cooperation And Management, Kuan-Hsiung Wang

Maryland Series in Contemporary Asian Studies

The South China Sea dispute is complicated in terms of its nature, the sovereignty issues of the islands, delimitation issues, resources utilization as well as other matters concerning security (both traditional and non-traditional). In order to solve the dispute, cooperation is one of the main considerations. However, the practice has not been realized.

In order to solve the dispute and promote cooperation in the South China Sea region, the author suggests that conserving and managing fishery resources could be established as a starting point. There are a great number of management means, institutions, and international instruments (such as conventions, treaties …


Not Just Domestic Violence: The Role Of The Workplace In Mitigating Abusers, Katherine Soledad Martinez Jan 2015

Not Just Domestic Violence: The Role Of The Workplace In Mitigating Abusers, Katherine Soledad Martinez

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

No abstract provided.


Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor Jun 2014

Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor

Book Gallery

We set out to compile a list of rules and policies that could be implemented by state and local governments to provide better protections for U.S. workers. This manual includes more than two dozen such ideas, organized into thematic chapters:

Chapter 1: Empowering Workers, with proposals designed to strengthen workers' individual and collective power to demand changes in their workplaces;
Chapter 2: Making Sure Crime Doesn't Pay, with ideas for strong enforcement of workplace health and safety rules that will punish bad actors and deter similar behavior;
Chapter 3: Strengthening Institutions, with recommendations intended to bolster government agencies' efforts to …


Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr. Jan 2014

Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.

Journal of Business & Technology Law

No abstract provided.


Seeking Common Ground While Keeping Differences: “Using The Case Of Cross-Strait Relations As A Case”, Charles Chong-Han Wu Jan 2014

Seeking Common Ground While Keeping Differences: “Using The Case Of Cross-Strait Relations As A Case”, Charles Chong-Han Wu

Maryland Series in Contemporary Asian Studies

For the past decade, the “joint democracy produces peace” theory has received substantial attention. Evidence has confirmed that democracies rarely, if ever, engage in large-scale conflicts with each other. However, there is a lack of specific information regarding the mixed dyads (democracies and non-democracies), especially when we attempt to study their peace scenarios. Hence, some other international relations scholars proclaim that even though the political structures may be different between democracies and non-democracies, sharing similar interests provide certain strong incentives for states to behave peacefully. Regime types may be influential, but under the mixed dyads scenario, states’ vital interests have …


Indonesia Beyond Reformasi: Necessity And The “De-Centering” Of Democracy, Leonard C. Sebastian, Jonathan Chen, Adhi Priamarizki Jan 2014

Indonesia Beyond Reformasi: Necessity And The “De-Centering” Of Democracy, Leonard C. Sebastian, Jonathan Chen, Adhi Priamarizki

Maryland Series in Contemporary Asian Studies

We argue that Indonesia’s path to democracy was borne out of necessity brought about by a state of extreme precariousness and then molded by its lack thereof. Its lack thereof precisely reflected the internal power struggle and elite competition between remnant groups of the New Order vying under a different set of circumstances. Notwithstanding the given peculiarities of Indonesia’s transition, the current state of democracy in Indonesia is clearly one that is also shaped by the patrimonial character of the New Order. While imminent necessity acts as a temporary stop to ensure that these predatory tendencies of Indonesia’s political system …


Taiwan’S 2014 Nine-In-One Election: Gauging Politics, The Parties, And Future Leaders, John F. Copper Jan 2014

Taiwan’S 2014 Nine-In-One Election: Gauging Politics, The Parties, And Future Leaders, John F. Copper

Maryland Series in Contemporary Asian Studies

On Saturday November 29, 2014 voters in Taiwan (officially known as the Republic of China) went to the polls to cast ballots for mayors and city council members of the metropolitan cities, mayors and councilors of the counties and provincial cities, town- ship chiefs and councilors, aboriginal district chiefs and councilors, and borough and village chiefs. Sometimes called Taiwan’s “midterms”, these combined elections are held at four-year intervals, scheduled in between its national presidential/vice presidential and legislative elections. The midterms are now considered nearly as important as the latter elections, one of the reasons being as of 2014 all local …


In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro Jan 2014

In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro

Student Articles and Papers

Starting in August 2011, America has undergone a series of fiscal and political crises surrounding the threat of defaulting on the national debt and the need to raise the debt ceiling. These crises have caused tremendous stress and irreparable harm to our financial markets and political system, causing a downgrade in United States debt for the first time in history, forcing drastic budget cuts, and contributing to a sixteen-day government shutdown this past October. What is most unfortunate, however, is that all of this was preventable for the simple reason that, as a matter of constitutional law, defaulting on the …


Later School Start Times In Adolescence: Time For A Change, Paul Kelley, Clark Lee Jan 2014

Later School Start Times In Adolescence: Time For A Change, Paul Kelley, Clark Lee

Homeland Security Publications

This briefing paper summarizes the latest research on the subject of chronic sleep deprivation on education and health in adolescents, explores policy options to address this education and public health issue, and sets forth the recommendation that education start times be adjusted appropriately for U.S adolescents.


Unions And Democracy: When Do Nonmembers Have Voting Rights?, Melanie Stallings Williams, Dennis A. Halcoussis Jan 2014

Unions And Democracy: When Do Nonmembers Have Voting Rights?, Melanie Stallings Williams, Dennis A. Halcoussis

Journal of Business & Technology Law

No abstract provided.


Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan Jan 2014

Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan

Journal of Business & Technology Law

No abstract provided.


Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric Jan 2014

Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric

Journal of Business & Technology Law

No abstract provided.


Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon Jan 2014

Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon

Journal of Business & Technology Law

No abstract provided.


Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen Jan 2014

Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen

Journal of Business & Technology Law

No abstract provided.


Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte Jan 2014

Fouling The First Amendment: Why Colleges Can't, And Shouldn't, Control Student Athletes' Speech On Social Media, Frank D. Lomonte

Journal of Business & Technology Law

No abstract provided.