Content Posted in 2021 | DigitalCommons@UM Carey Law | University of Maryland Francis King Carey School of Law Research

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Content Posted in 2021

A Conceptual Framework for Digital-Asset Securities: Tokens and Coins as Debt and Equity, Yuliya Guseva

Adapting Federal Regulatory Approaches To Advances In Agricultural Biotechnology, Alan Sachs

Advancing Equal Access To Justice By Challenging Gender Bias In The Legal Profession: Part 1, WLE Program

Advancing Equal Access to Justice by Challenging Gender Bias in the Legal Profession: Part 2, WLE Program

Advocacy Team Highlights

AI’s Risky Business: Embracing Ambiguity in Managing the Risks of AI, Ryan Budish

A Letter from the Former President of the Republic of China, Ma Ying-jeou

Allen v. Cooper: Raising the Flag of Sovereign Immunity in the Shifting Seas of Copyright, Will R. Gallagher

A Message from the Board of Visitors Leadership

An “Opportunity” To Invest In a “Rat-Infested” City: The Effects of President Trump’s Economic Development Plan in Baltimore, Michelle L. Sidle

A Quiet Place That Never Was (and Never Intended to Be . . . ), Andy Y. Sun

A Reputation to Uphold: Maryland Courts and the Continued Development of REIT Law, Spencer C. Ebach

Artificial Intelligence & Algorithmic Bias: The Issues With Technology Reflecting History & Humans, Maya C. Jackson

A Socio-Legal Framework for Improving the Accessibility of Research Articles for People With Disabilities, Brian Wentz, Jonathan Lazar, Paul T. Jaeger, and Ursula Gorham

A Torts Festschrift in Memory of Professor Oscar S. Gray, Donald G. Gifford

Benchmark Competition, Sue S. Guan

Between Accommodation and Favoritism: The Need for a Political Power Factor in Religious Exemption Adjudication, Karin Jønch-Clausen

Blue States, Red States: The United States?, Catherine Powell

Brain Machine Interfaces and Ethics: A Transition from Wearable to Implantable, Lydia Montalbano

Can Agencies Lie? A Realist’s Guide to Pretext Review, Jack Thorlin

Cannabis Considerations for Health Care Entities, Vanessa K. Burrows

Cannabis IP: How Federal Inconsistencies Have Stifled a Budding Industry, Celena Dyal

Casual Conversations

CGI Social Media Influencers: Are They Above the FTC’s Influence?, Kelly Callahan

Chaz Arnett, Chris Quirk

Chilean Constitution-Making, Comparative Constitutional Democracy

Clinic Highlights

Coercive Interventions in Pregnancy: Law and Ethics, Debra DeBruin and Mary Faith Marshall

Comparative and Global Environmental Law and Policy, Tsemin Yang, Anastasia Telesetsky, Lin Harmon-Walker, and Robert Percival

Comparative Constitutional Democracy Colloquium

Conceptualizing Tort Law: The Continuous (and Continuing) Struggle, Kenneth S. Abraham and G. Edward White

Constitutional Norm Entrepreneuring, Oren Tamir

Constitutional Orphan: Gender Equality and the Nineteenth Amendment, Paula A. Monopoli

Constitutional Structure, Institutional Relationships and Text: Revisiting Charles Black's White Lectures, Richard C. Boldt

COVID-19 & Food Insecurity: How the COVID-19 Pandemic has Exacerbated Food Insecurity and Will Disproportionally Affect Low Income and Minority Groups, George Rice

Criminalization and Normalization: Some Thoughts About Offenders with Serious Mental Illness, Richard C. Boldt

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

Deconfounding and Sandboxing Patent Litigation with a Specialized Patent Trial Court, Jeremy W. Bock

Delaware's Global Competitiveness, William J. Moon

Delaware's New Competition, William J. Moon

Delaware's Peril, Marcel Kahan

Disposable Lives: COVID-19, Vaccines, and the Uprising, Matiangai Sirleaf

Apple Inc. v. Pepper:The Future of Software-Based Retail—Incalculable Damages and Duplicitous Liability, Christopher Derian

Between a Loc and a Hard Place: A Socio-Historical, Legal, and Intersectional Analysis of Hair Discrimination and Title VII, Dena Elizabeth Robinson and Tyra Robinson

Black Lives Matter: A Conversation on Health and Criminal Justice Disparities, Franciska Coleman and Aval-Naree S. Green

Chevron Deference In Tax Administration: Can Businesses Confidently Rely On Guidance Promulgated By Treasury In The Wake Of The Tax Cuts And Jobs Act?, Gabrielle Murphy

Department Of Homeland Security v. Regents Of The University Of California: The Supreme Court’s Disinterest in Reliance Interests, Rachael E. Savage

Ectogenesis: Is There a Constitutional Right to Substrate-Independent Wombs?, Brit Janeway Benjamin

From Removal to Incarceration: How the Modern Child Welfare System and Its Unintended Consequences Catalyzed the Foster Care-to-Prison Pipeline, Sydney L. Goetz

Gamble v. United States: The Dual Sovereignty Doctrine Under the National v. International Context – What is Sovereign to One is Not Sovereign to the Other, Veronica Mina

Jam v. International Finance Corporation:The End of Absolute International Organizational Sovereign Immunity and the Argument for a Functional Immunity Regime, Bryce Hollander

Kansas v. Garcia: Restoring Historic State Police Powers in Traditional Areas of Criminal Law Enforcement, Chantae N. Simms

Race, Reconstruction, and the RICO Act: Using the Racketeer Influenced and Corrupt Organizations (RICO) Act in Prosecutions Against White Supremacist Organizations in America, Cherie L. Deogracias

Repairing the Jurisdictional "Patchwork" Enabling Sexual Assault on Indian Reservations, Reema Sood

Republican National Committee v. Democratic National Committee: Reinterpreting the Court’s Role in Election Law Challenges, Carly L. Brody

Ending the War Against Sex Work: Why It's Time to Decriminalize Prostitution, Linda S. Anderson

Environmental Enforceability, Seema Kakade

Environmental Regulation: Law, Science and Policy (9th ed.), Robert Percival, Christopher H. Schroeder, Alan S. Miller, and James P. Leape

Event Highlights

Faculty Photo 2017-2018, Larry S. Gibson

Faculty Photo 2021-2022, Larry S. Gibson

Faculty Publications and Presentations

Force Majeure and the Coronavirus: Exposing the “Foreseeable” Clash Between Force Majeure’s Common Law and Contractual Significance, Robyn S. Lessans

Getting Real: The Maryland Healthcare Ethics Committee Network’s COVID‑19 Working Group Debriefs Lessons Learned, Norton Elson, Howard Gwon, Diane Hoffmann, Adam M. Kelmenson, Ahmed Khan, Joanne F. Kraus, Casmir C. Onyegwara, Gail Povar, Fatima Sheikh, and Anita J. Tarzian

Harmonizing Wrongs and Compensation, Christopher J. Robinette

Honoring the Class of 2020

Hughes v. Hu: Territorial Adjustments in Determining Caremark Liability for Foreign-based Delaware Incorporated Companies, Ian J. Murray

In Memoriam: Oscar S. Gray

In Memoriam: Thomas D'Alesandro III '52

In Re: National Collegiate Athletic Association Athletic Grant-In-Aid Cap Antitrust Litigation: Opening the Door For Student-Athletes To Receive Adequate Compensation For Their Services To The NCAA While Still Remaining With An Amateur Status, Elizabeth Cardinale

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

Inspiring the Future: The Hon. Elijah Cummings Leaves a Legacy of Leadership, Wanda Haskel

Intersections in International Cultural Heritage Law, Anne-Marie Carstens and Elizabeth Varner

Junk Science at Sentencing, Maneka Sinha

Kansas v. Glover: Granting Law Enforcement Further Discretion to Conduct Investigatory Stops, Nicole Fullem

Leveraging Corporate Law: A Broader Account of Delaware’s Competition, Christopher M. Bruner

Locked Up in the Eye of the Storm: A Case for Heightened Legal Protections for Incarcerated People During Hurricanes, Maya Habash

Lurking in the Shadows of Judicial Process: Special Masters in the Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens

Maryland Carey Law School Club

Matiangai Sirleaf, Chris Quirk

Measuring Environmental Justice: Analysis of Progress Under Presidents Bush, Obama, and Trump, Mollie Soloway

Medical-Legal Partnership Clinic: Three Decades of Service

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

Mid-Atlantic Ethics Committee Newsletter, Fall 2021

Mid-Atlantic Ethics Committee Newsletter, Spring 2021

Mitchell v. Wisconsin: Warrantless Blood Tests on Unconscious DWI Suspects are “Almost Always” Consistent with the Fourth Amendment, Pinchas Balsam

Modeling Narrowest Grounds, Maxwell Stearns

Multilateralism, Pushback, and Adjustment: From the UN Charter to COVID-19, Michael Kirby

Not Without Consent: Protecting Consent Rights Against Deliberate Breach, Karen A. Chesley

Overcoming Adversity as a Community, Donald Tobin

Perspective: Impracticability and Frustration in a Time of COVID-19, Michael Van Alstine

Perspective: Privacy and the Pandemic, Natalie Ram

'Playola' and Fraud on Digital Music Platforms: Why Legislative Action is Required to Save the Music Streaming Market, Christine Smith Burton

Point of View, Adryan Richardson

Populism, Backlash and the Ongoing Use of the World Trade Organization Dispute Settlement System: State Responses to the Appellate Body Crisis, Imogen Saunders

Populism, International Courts, and Women’s Human Rights, Nienke Grossman

Populism’s Global Impact on Immigrants and Refugees: The Perspective of Eritrean Refugees in Europe and in Israel, James Yap, Hilina Fessahaie, and Enbal Singer

Program for Advancing Equal Access to Justice by Challenging Gender Bias in the Legal Profession: What’s Next?, Women's Bar Association of Maryland, University of Maryland Carey School of Law’s Moser Ethics in Action Initiative, and University of Maryland Carey School of Law’s Women Leadership and Equality Program

Properties of Intimacy, Emily J. Stolzenberg

Proximate Cause Untangled, Mark A. Geistfeld

Race, Surveillance, Resistance, Chaz Arnett

Regulating Libra: Will Legal and Regulatory Uncertainty Prevent the Launch of Facebook’s Cryptocurrency Project?, Amanda Simmons

Regulating the Cyberpunk Reality: Private Body Modification and the Dangers of ‘Body Hacking’, Zachary Paul Birnbaum

Remedial Payments in Agency Enforcement, Seema Kakade

Reminiscing Over the Years for the 35th Publication of the Maryland Journal of International Law, David I. Salem

Rescuing Avoidable Consequences from the Clutches of Remedies and Placing it in Apportionment of Liability, Where it Belongs, Michael D. Green and James Sprague

Rethinking Legislative Advocacy, Kristen Matoy Carlson

Revelation out of Rupture: Building Human Rights from the Bottom Up, Daniel I. Morales

Revitalizing Greenhouse Gas Permitting Inside a Biden EPA, Matt Haber and Seema Kakade

Social Justice as a Necessary Guide to Public Health Disaster Response, Stephen S. Hanson

State Competition for Corporate Headquarters and Corporate Law: An Empirical Anaylsis, Jens Dammann

Stepping Up in a Public Health Crisis

Supported Decision-Making in the United States and Abroad, Emily A. Largent and Andrew Peterson

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Taking Liberty Decisions Away from “Imitation” Judges, Mary Holper

The Age Of Innovation In Food: Is Our Regulatory System Ready?, Deepti A. Kulkarni

The East Asian Legal Studies Program: A Legacy Will Never Be Forgotten, Chun-I Chen

The Effect of Proprietary and Attribution Claims on Data Sharing During Infectious Disease Emergencies, Sam Halabi, Michelle Rourke, and Rebecca Katz

The Emerging Shape of Global Justice: Retrogression or Course Correction?, Diane Orentlicher

The Guide to Belonging in Law School, Russell A. McClain

The Internationalized Contract and the Populist Backlash to the Fine Print, Erick Marquina

The Intersection of Race and Algorithmic Tools in the Criminal Legal System, Vincent M. Southerland

The Means and Ends of Wellness Programs, Laura D. Hermer

The Multilateral Human Rights System: Systemic Challenge or Healthy Contestation?, Jolyon Ford

The Natural Gas Paradox: Shutting Down a System Designed to Operate Forever, Heather Payne

The Populist Backlash to Gender Equality in International For a: Analyzing Resistance & Response at the United Nations, Shruti Rana

The Populist Challenge and the Future of the United Nations Security Council, Jeremy Farrall

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

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

The Trap Chronicles, Vol. 1, How U.S. Housing Policy Impairs Criminal Justice Reform, Lahny Silva

Thirty Years Later: Recalling the Gender Bias Report and Asking "What's Next" in the Legal Profession, Pamela J. White

Times They Are A-Changin': When Tech Employees Revolt!, Anat Alon-Beck

Too Quick on the Trigger: How the Fourth Circuit's Review of Regulatory Takings in Maryland Shall Issue, Inc. v. Hogan Failed to Consider the Complexities of Takings Jurisprudence, Marie A. Bauer

“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

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

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

Unstoppable: Torain, Chris Quirk

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

What Deference Does it Make? Reviewing Agency Statutory Interpretation in Maryland, Carly L. Hviding

What Your Compliance Office Is - And Is Not, Barry S. Herrin

"When They See Us" The Great White Awakening to Black Humanity, Gregory S. Parks

Who Owns the Blockchain? How Copyright Law Allows Rights Holders to Control Blockchains, Sebastian Pech

Yes, I Want Help, I Just Do Not Want You! Understanding Policy Development Regarding Patient Demands For Alternative Care Providers, Karen Smith

“Zooming In”: Government Surveillance and the Role of Courts in Shaping Qualified Immunity Doctrine, Madeline G. Ziegler