Maryland Law Review Online, formerly known as Endnotes, is the Maryland Law Review’s online companion. Established in 2008, it is intended to quickly disseminate a variety of content, including commentary on important court decisions, contemporary legal and policy issues, and legislative developments. Maryland Law Review Online expands the scope of the journal’s print publication and features response articles, book reviews, practical insights, student pieces, essays, and unique and accessible law review articles.
Maryland Law Review Online publishes pieces on a rolling basis and undergoes an expedited publication schedule. All pieces are edited by the Maryland Law Review staff. Maryland Law Review Online publishes articles that are 10,000 words or less (including footnotes), but longer pieces may be considered in appropriate cases.
Maryland Law Review Online invites professors, judges, legislators, alumni, and practitioners to submit pieces for Online publication. It is currently accepting articles for publication alongside Volume 81. To submit a piece for consideration, please send it via Scholastica or email to mdlr01@law.umaryland.edu.
Maryland Law Review Online pieces should be cited as follows: Author, Title, [Volume] MD. L. REV. ONLINE [Page] (Year), [PDF URL].
Articles from Volume 84
The Taxing Question of Income: Historical Insights on the Meaning of “Income” May Preserve the Income Tax, Donald B. Tobin and Ellen P. Aprill
Articles from Volume 83
A Material Question: Does Title VII Apply to Minor Employment Actions?, Robert A. Kearney
The Special Laws Prohibition, Maryland’s Charter Counties, and the “Avoidance of Unthinkable Outcomes, Dan Friedman
“Flawed from the Inception”: 167 Years of Maltreatment at the Charles H. Hickey Jr. School, Caroline R. Alder
Rising Tides, Rising Solutions: A Maryland Program Proposal to Navigate the Flood Insurance Frontier, Renae Hee Eun Lee
Groff v. DeJoy: A Wrong Step in the Right Direction, Fiona Carmichael
Articles/Comments from Volume 82
Scorpions in a Corked Bottle: The Dubious Redistricting Jurisprudence of the United States Supreme Court, Steven B. Lichtman
Szeliga v. Lamone: An End to Gerrymandering in Maryland—Or Perhaps Just a Pause, Stephen M. Shapiro
Implicitly Inconsistent: The Persistent and Fatal Lack of Second Amendment Rights for Black Americans in Self-Defense Claims and the Importance of Telling the Counter-Story, Margaret H.C. Tippett
Reasoned Judgment, Richard C. Boldt
Precedent, Reliance, and Morality at the End of Roe v. Wade, Max Stearns
Justice Robert Jackson's Catechisms, Mark A. Graber
Mandating Climate-Related Risks and GHG Emissions: Does The Securities and Exchange Commission Have The Power?, Joseph Dowdell
Johnny and the Juice: How Sensationalizing Trials Dilutes Methods Of Jury Insulation, Maya Vazquez
Three Strikes, You’re Out: Examining The Baseball Trilogy and the Path to Removing Its Antitrust Exemption, Megan Young
Articles from Volume 81
The Specter of Malpractice: When Law Firm General Counsel and Risk Management Professionals are Confronted with Potential Malpractice Claims and Ethics Violations, Joseph R. Tiano Jr., Nancy B. Rapoport, and William J. Siroky
What Deference Does it Make? Reviewing Agency Statutory Interpretation in Maryland, Carly L. Hviding
Failing to "Follow" the Sixth Amendment Threat Posed by Juror Social Media Access, Aja Pollack
"Can You Hear Me Now?": The Implications of Virtual Proceedings on Criminal Defendants' Constitutional Rights, Madison C. DeRegis
Montague v. State: From Bars to Bars––A Riff for Narrow Interpretation of Hip-Hop Lyrics in Criminal Prosecutions, Michael A. Gregory
Toxic: A Feminist Legal Theory Approach to Guardianship, Margaret Bushko
Articles from Volume 80
Resolving Tensions Between Disability Rights Law and COVID-19 Mask Policies, Elizabeth Pendo, Robert Gatter, and Seema Mohapatra
Thirty Years Later: Recalling the Gender Bias Report and Asking What's Next in the Legal Profession, Pamela J. White
Adapting Federal Regulatory Approaches To Advances In Agricultural Biotechnology, Alan Sachs
The Age Of Innovation In Food: Is Our Regulatory System Ready?, Deepti A. Kulkarni
Kansas v. Glover: Granting Law Enforcement Further Discretion to Conduct Investigatory Stops, Nicole Fullem
A Reputation to Uphold: Maryland Courts and the Continued Development of REIT Law, Spencer C. Ebach
Department Of Homeland Security v. Regents Of The University Of California: The Supreme Court’s Disinterest in Reliance Interests, Rachael E. Savage
Articles from Volume 79
The Burden on Society from Eleventh-Hour "Citizen Petitions" Filed to Slow Generic Drugs, Feldman Robin
Juvenile in Justice: A Look at Maryland's Practice of Incarcerating Children Without a Jury Trial, Kelsey Robinson
Was Brown v. Board of Education Correctly Decided?, Ronald Turner
The Unsoundness of Silence: Silent Concurrences and Their Use in Maryland, Shane M.K. Doyle
Rosales V. State: Time for a Change, Witness Impeachment by Use of a Prior Conviction Under Maryland Law, John Karpinski
Supportive Yet Skeptic: Kisor V. Wilkie Casts Further Doubt on Difference Doctrine's Longevity, Michael Sammartino
Articles from Volume 78
The Security Court, Matt Steilen
What a Long Strange Trip It’s Been for the 3.8% Net Investment Income Tax, Ausher M.B. Kofsky and Bryan P. Schmutz
Maryland Makes New Evidence Postconviction Review Provisions Available to Defendants with Plea Deals, Felicia Langel
Automated License Plate Readers: The Difficult Balance of Solving Crime and Protecting Individual Privacy, Lauren Fash
Abortion-Related Disclosures and How the Maryland General Assembly Can Institute a Novel and Innovative Pregnancy Disclosure, Mary L. Scott
Articles from Volume 77
Digging into Democracy: Reflections on CED and Social Change Lawyering After #OWS, Barbara Bezdek
Covariant Risk and Nutrient Credit Training, Brian Sawers
Kokesh v. Sec: The Supreme Court Redefines an Effective Securities Enforcement Tool, Conor Daly
Murr-ky Waters: How Murr v. Wisconsin Creates Uncertainty in Attempting to Answer the “Denominator Question”, Charles M. Kassir
Articles from Volume 76
Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, and David J. Maher
The Armstrong Evolution, Michael Pappas
Response to The Influence of Exile: Three Stories, Bill Quigley
Litz v. Maryland Department of the Environment: Maryland’s Decision That Inaction Can Support an Inverse Condemnation Claim, Kerri Morrison
Heffernan v. City of Paterson: Watering Down the First Amendment Retaliation Doctrine to Create a Perception of Protection for Public Employees, Peter J. Artese
Utah v. Strieff: The Gratuitous Expansion of the Attenuation Doctrine, Courtney Watkins
Articles from Volume 75
Reflections on “Innovations in Family Dispute Resolution”, Deborah Thompson Eisenberg
Moving Family Dispute Resolution from the Court System to the Community, Jane C. Murphy and Jana B. Singer
An Uberdilemma: Employees and Independent Contractors in the Sharing Economy, Grant E. Brown
North Carolina State Board of Dental Examiners v. FTC: When Will Enough Active State Supervision Be Enough?, Alexandra W. Jabs
Commil USA, LLC v. Cisco Systems: Joining Policy and Prose to Foster a Good Faith Analysis, Theresa E. Durante
Ocasio v. United States: Why the Hobbs Act Punishes Co-conspirator Extortion, Joshua T. Carback
Articles from Volume 74
Maryland’s Contractual Conception of Insurance: The Improvident Grant of Certiorari in PICD v. State Farm, Steven M. Klepper
"The Hindrance of a Law Degree": Justice Kagan on Law and Experience, Laura Krugman Ray
McCutcheon v. FEC: Sacrificing Campaign Finance Regulation in the Name of Free Speech, Haley S. Peterson
Burris v. State: Suggestions for the Continued Development of the Rule for Admitting the Testimony of Gang Experts, Michael Jacko
Requiem for a Remedy: The Law and Economics of Mutual Pharmaceutical v. Bartlett’s Over-Preemption, Robert C. Baker III
American Civil Liberties Union of North Carolina v. Tata: Manipulation of the Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary
Articles from Volume 73
The Death of the Common Law: Judicial Abdication and Contributory Negligence in Maryland, Donald G. Gifford
The Tobacco Diaries: Lessons Learned and Applied to Regulation of Dietary Supplements, Joanna K. Sax
Waldburger v. CTS Corporation: Ensuring the Plaintiff’s Day in Court as a Matter of Principle, Jess Kyle
Woollard v. Gallagher: Normalizing the Fourth Circuit’s Approach to Second Amendment Challenges, William Young Jr.
When the River Dries up, the Compact Need Not Wither Away: Amending Interstate Water Compacts to Ensure Long-Term Viability, Hilary T. Jacobs
University of Texas Southwestern Medical Center v. Nassar: Undermining the National Policy Against Discrimination, Matthew A. Krimski
Articles from Volume 72
Casting Shadows: Fisher v. University of Texas at Austin and the Misplaced Fear of "Too Much" Diversity, Susannah W. Pollvogt
The Practical Implications of Recusal of Supreme Court Justices: A Response to Professor Swisher, Steven M. Klepper
Responding to the Ambiguity of Miller v. Alabama: The Time Has Come for States to Legislate for a Juvenile Restorative Justice Sentencing Regime, Courtney Amelung
Florence v. Board of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees of Their Constitutional Rights, Nina Gleiberman
Mulligan v. Corbett: The Court’s Power to Decide When Your Child Is Not Yours to Keep, Lisa M. Piccinini
Articles from Volume 71
Not Everyone Works for Biglaw: a Response to Neil J. Dilloff, Lawrence Friedman and Louis Schulze
Connick v. Thompson: Unclear Motives Behind a Misguided Result, Claude Nicolas
Griffin v. State: Setting the Bar Too High for Authenticating Social Media Evidence, Brendan W. Hogan
Personal Jurisdiction and Joinder in Mass Copyright Troll Litigation, Jason R. LaFond
Reimagining International Water Law, Tim Stephens
The New Legal Writing: the Importance of Teaching Law Students How to Use e-mail Professionally, Kendra Huard Fershee
Articles from Volume 70
Citizens United v. FEC: Departure from Precedent Opens the Gate to "Phantom" Political Speakers, Esther Houseman
Schultz v. Bank of America: a Fly in the Financial Buttermilk - Clarifying the Common Knowledge Exception to Improve Litigation Efficiency and Bank Safety, Lauren M. Elfner
Vogue Juridique & the Theory Choice Problem in the Debate over Copyright Protection for Fashion Designs, Michael G. Bennett, Nick Buell, Jason Cetel, and C. C. Perry
Articles from Volume 69
Church v. State: Resolving One Problem but Raising Another - Addressing the Use of the Surveillance Location Privilege and the Limited Remand, David J. Martin
Richmond Medical Center for Women v. Herring: Prohibiting Partial Birth Abortion but Keeping Constitutional Rights Intact, Kathleen Morris
United States ex rel. DRC, Inc. v. Custer Battles, LLC: a Brutal Battle Foreshadowing the Future of False Claims Act Litigation, Kathleen H. Harne
Articles from Volume 68
The Handicapping Effect of Judicial Opinions in Reproductive Tort Cases: Correcting the Legal Perception of Persons with Disabilities, Kerry T. Cooperman
Storetrax.com, Inc. v. Gurland: Keep Trax of your Board of Directors, James R. Hart III
Davis v. FEC: Closing the Road to Washington for Joe the Plumber, Sameer Vadera
Khalifa v. Shannon: How Much Interference is Too Much when it comes to a Tort for Interfering with the Parent-Child Relationship?, Beth Rosenberg
Dickey v. State: Jury Instruction on Drug Use and its Concomitant Effect on Eyewitness Credibility, Rachel M. Witriol
Victor Stanley, Inc. v. Creative Pipe, Inc.: How to Utilize Rule 502 to Prevent Inadvertent Disclosure and Reduce Discovery Costs in an Age of Electronically Stored Information, Michael J. Christin
FCC v. Fox Television Stations, Inc.: Dirty Words and Messy Logic - the Supreme Court's Failure to Fix Broadcast Media Regulation, Edward J. Reilly
Theories of Discrimination & Gay Marriage, Adam Farra
Articles
Kamala Harris’s Ironic D/Democratic Coronation and Genuine Electoral Reform, Maxwell L. Stearns