Content Posted in 2023
Accessing Justice: A Call for Reparations for the Survivors of Medical Abuse at the Irwin County Detention Center, Amelia Wilson
A Free Pass on Racism: Immigration and the Equal Protection Doctrine, Kara Hartzler
Against Silence: Why Doctors are Obligated to Provide Abortion Information, Michelle Oberman
A Material Question: Does Title VII Apply to Minor Employment Actions?, Robert A. Kearney
A Meditation on the Thirteenth Amendment and Constitutional Redemption, Darrell A.H. Miller
A Note from the Editor, Hannah M. Aponte
A Phoenix from the Ashes: Reproductive Justice in a World Without Roe, Kimberly Mutcherson
Article III Standing: Getting Over “Mount Everest” in Modern Data Breach Litigation, Ahmed Eissa
Asimov for Lawmakers, Jerome De Cooman and Nicolas Petit
“A Very Great Penalty”: Mexican Immigration, Race, and 8 U.S.C § 1326, Benjamin Gonzalez O'Brien
Brief of Amicus Curiae Tax Professors in Support of Respondent in Moore v. United States, Donald B. Tobin and Ellen P. Aprill
Center for Health & Homeland Security Newsletter, Spring 2023
Considering Vulnerability of Abuse as a Facet of Identity: A Call for Reform in Child Custody Proceedings, Samantha Fitzgerald
Curbing Reversals of Non-Textual Constitutional Rights, James G. Hodge, Jr.; Jennifer L. Piatt; Erica N. White; Madisyn Puchebner; and Summer Ghaith
Cybersecurity and Data Breach Harms: Theory and Reality, David W. Opderbeck
Cyberwarfare & Cyber Insurance: Exploring When a Cyberattack Can Negate a Cyber Insurance Claim, Joseph Michael Rovetto Jr.
Death Drop: The Roberts Court, Legitimacy, and the Future of Democracy in the United States, Julie Novkov
Deconstructing Race in Immigration Law’s Origin Stories, Karla McKanders
Differences in Perceptions of Individual and Government-Level COVID-19 Prevention Measures Based on Vaccine Willingness, Leila Barraza, Erika Austhof, Sana M. Khan, Connor P. Kelley, Alexandra Shilen, Kacey Ernst, Kristen Pogreba-Brown, Felina M. Cordova-Marks, Elizabeth Jacobs, and Elizabeth Hall-Lipsy
Disclosure Procedure, Andrew K. Jennings
Distinguishing Juvenile Law and Juvenile Education: Undoing the School-to-Prison Pipeline Approved in In Re S.F., Anna Manogue
Dobbs, Abortion Laws, and In Vitro Fertilization, Kerry Lynn Macintosh
Don’t Let the Digital Tail Wag the Transformation Dog: A Digital Transformation Roadmap for Corporate Counsel, Michele DeStefano, Bjarne P. Tellmann, and Daniel Wu
Douglass, Lincoln, and Douglas Before Dred Scott: A Few Thoughts on Freedom, Equality, and Affirmative Action, Henry L. Chambers, Jr.
Dying in Isolation: Public Health Implications of Transportation and Burial of Human Remains During a Pandemic: A Fifty State Survey, Christopher Ogolla
Agendia, Inc. v. Becerra: Imposing a Dangerous Assumption of Unworthiness to Local Coverage Determination, Yifan Wang
Embedding Open Banking in Banking Law: Responsibilities, Performance, Risk and Trust, Scott Farrell
Carpenter v. United States:A Systematic Shift in the Fourth Amendment Jurisprudence in the Digital Age, Shelby McCloskey
CIC Services, LLC v. Internal Revenue Service: An Unlikely Win for Low-income Taxpayers, Fasika Z. Delessa
Kennedy v. Bremerton School District: Throwing a Red Flag for the Public-Employee Speech Arena to Challenge the Court’s Hail Mary, Isabella Henry
State v. Matthews: Maryland Fails to Measure Up to its New Expert Testimony Standard, Thomas Kiley
Environmental Evidence, Seema Kakade
Federalism and the Right to Travel: Medical Aid in Dying and Abortion, Leslie Francis and John Francis
“Flawed from the Inception”: 167 Years of Maltreatment at the Charles H. Hickey Jr. School, Caroline R. Alder
Foreword: The Lincoln-Douglas(s) Debates and the Problem of Constitutional Evil, Mark A. Graber
Fourth Amendment Constraints on Automated Surveillance Technology in the Public to Safeguard the Right of an Individual to be “Secure in Their Person”, Srivats Shankar
Frederick Douglass as Constitutionalist, Jack M. Balkin and Sanford Levinson
From Apology to Action: A Comment on Transitional Justice in the United States and Canada, Victoria Roman
Gamble-to-Win: Regulating Video Game Loot Boxes Under the FTC’s Unfair and Deceptive Practices Doctrines, Cole Shardelow
Google LLC v. Oracle America Inc.: The Court’s New Definition of “Transformative” Expands the Fair Use Defense, Jacquelyn Marie Creitz
Guilty Minds, Michael Serota
How History Informs FDA Tobacco Regulation: Retrospective Application of a Public Health Assessment Framework to “Low Tar” Cigarettes, Micah L. Berman, Mahmood A. Alalwan, David T. Levy, Jonathan M. Samet, and Peter G. Shields
If a Social Media Platform Was an Intersection, Should Contract Law or Free Speech Have the Right-of-Way With Respect To User Content?, Jason R. Hildebrand
Instagram & the FTC: The Growth of Influencer Marketing & the Government’s Ungainly Pursuit, Rebecca Driver
“I Shall Not Forget or Entirely Forsake Politics on the Bench”: Abraham Lincoln, Dred Scott, and the Political Culture of the Judiciary in the 1850s, Rachel A. Shelden
It’s Not OK, Boomer: Preventing Financial Power-of-Attorney Abuse of Elders, Genevieve Mann
Johnny and the Juice: How Sensationalizing Trials Dilutes Methods Of Jury Insulation, Maya Vazquez
Justice Robert Jackson's Catechisms, Mark A. Graber
Lincoln, Douglass, Fugitive Slave Law, and Constitutional Evil, Robinson Woodward-Burns
Looking at the Text, History, and Tradition of the Second Amendment– “Steeped in Anti-Blackness”, Camila Blaha
Mandating Climate-Related Risks and GHG Emissions: Does The Securities and Exchange Commission Have The Power?, Joseph Dowdell
Mid-Atlantic Ethics Committee Newsletter, Fall 2023
Moneyline: Maryland’s Implementation of Sports Betting in The Wake of Murphy v. NCAA, Scott Mitchell
Obstacles to Successful Introduction of a U.S. Central Bank Digital Currency, Nicholas P. Mack
Original Intent, Racial Equality, and the Conundrums of “Colorblindness”, Jeffrey D. Hoagland and Vinay Harpalani
Originalism v. Dynamic Constitutionalism: Implications of Religious Beliefs on Constitutional Interpretation, Rev. TJ Denley
“Our Constitution . . . Should Be Read by Intelligent and Patriotic Men”: A Statistical Analysis of Constitutional Rhetoric, William D. Blake
Parliamentary America: The Least Radical Means of Radically Repairing Our Broken Democracy, Maxwell Stearns
Precedent, Reliance, and Morality at the End of Roe v. Wade, Max Stearns
Prescribing Exploitation, Charlotte A. Tschider
Preventing Eviction and Housing Loss: Taking Advantage of a One Health Approach and the Human-Companion Animal Bond, Andrea Uhlig, William Bellamy, Megan Amos, Donna Bernstein, Jennifer Brause, Erin Morin, Anne Corrigan, Frank Curriero, and Paul Locke
Prioritizing the Taliban at the ICC: Is the Court Able to Curb Political Prosecutions?, Kate Leisner
Prosecutorial Discretion and Immigration Arrest: How Criminal Arrests Set Immigration Enforcement Priorities, Eisha Jain
Public Land Management’s Future Place: Envisioning a Paradigm Shift, Sam Kalen
Punish Treason, Reward Loyalty, Mark A. Graber
Race and National Security, Matiangai Sirleaf
Rear Window: The Future of Hollywood Contracting in the Streaming Age, Miller Friedman
Reasoned Judgment, Richard C. Boldt
Reflections on Stare Decisis, Judge Joseph A. Greenaway, Jr.
Reimagining a U.S. Corporate Tax Increase as a Supplemental Subtraction VAT, Daniel S. Goldberg
Remnants of Caste: Black Farmers, White Farmers, Congress, and the USDA, Kathryn Fitzgerald
Rethinking Gun Violence Prevention: Post-Bruen Policing and the Decriminalization of Minority Gun Ownership, William Jacobs-Perez
Revamping Part 2: An Analysis of Revisions to the Federal Substance Use Disorder Treatment Confidentiality Regulations, Michelle Rackish
Situating Dobbs, Paula A. Monopoli
Stranded Within Sight of Land: Maritime Labor Rights and Seafarer Abandonment in the Time of COVID-19, J. Sam Chase
The Democratic Imperative to Make Margins Matter, Daniel Wodak
The Jackie Robinsons of the Federal Judiciary: Examining the Appointment of the First Black Federal Judges, Willie J. Epps, Jr.
The Larry Nassar Hearings: Victim Impact Statements, Child Sexual Abuse, and the Role of Catharsis in Criminal Law, Rosemary Ardman
The New Normal: Regulatory Dysfunction as Policymaking, Ming Hsu Chen and Daimeon Shanks
The Other View of The Cathedral, Yotam Kaplan
There’s an “App”le for That: The Dangers of a Potentially Monopolized Marketplace for Consumers and App Developers, Julia Levine
The Risks of Undefined Jurisdictions in a Digital World: The Extraterritorial Potential of Md. Ct. & Jd. Proc. Ann. § 10-402 through the Civil Cause of Action under § 10-410, Alexander P. Ramos
The Special Laws Prohibition, Maryland’s Charter Counties, and the “Avoidance of Unthinkable Outcomes, Dan Friedman
The Sword and the Scroll: Judicial Enforcement of Religious Contracts, Eli Baruch
The Trap Chronicles Vol. 2: A Call to Reconsider “Risk” in Federal Supervised Release, Lahny Silva
The Unfinished Masterpiece: Compulsion and the Evolving Jurisprudence Over Free Speech, Jonathan Turley
The Use and Limits of Longstanding Practice in Constitutional Law, Spencer G. Livingstone
Three Strikes, You’re Out: Examining The Baseball Trilogy and the Path to Removing Its Antitrust Exemption, Megan Young
War Crime Clemency: The President’s Self- (Defeating) Pardon, Dan Maurer
West Virginia v. EPA: Majorly Questioning Administrative Agency Action & Authority, Halina R. Bereday
What to the Nation Is the American Soldier? Shifting Conceptions of Service, Rights, and Belonging in the Civil War, Julie Novkov
Who Are the True Heirs of Lincoln and Douglas?, Rogers M. Smith