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University of Baltimore School of Law Legal Studies Research Paper Series

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1.

Law, Reason, and Emotion

IVR Studies in the Philosophy of Law and Social Philosophy, Forthcoming, University of Baltimore School of Law Legal Studies Research Paper Forthcoming
Number of pages: 27 Posted: 08 Mar 2019
Accepted Paper Series
University of Baltimore - School of Law

Multiple version iconThere are 3 versions of this paper

Downloads 37
2.

Delay, Deny, Wait Till They Die: Balancing Veterans’ Rights and Non-Adversarial Procedures in the VA Disability Benefits System

SMU Law Review, Forthcoming, University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 54 Posted: 26 Feb 2019
Working Paper Series
University of Baltimore - School of Law
Downloads 10
3.

The U.S. Needs Conglomerate Merger Legislation

Originally published: Take Care Blog, January 1, 2019, republished on CLS Blue Sky Blog
Number of pages: 5 Posted: 04 Jan 2019 Last Revised: 26 Jan 2019
Accepted Paper Series
University of Baltimore - School of Law
Downloads 21
4.

Restarting a Government of Laws in the United States of America

In A. Parise ed., Re‐ De‐ Co‐dification? New Insights on the Codification of Private Law,. Intersentia, Ius Commune Europaeum, University of Baltimore School of Law Legal Studies Research Paper Forthcoming,
Number of pages: 33 Posted: 26 Oct 2018 Last Revised: 22 Mar 2019
Accepted Paper Series
University of Baltimore - School of Law
Downloads 8
5.

Feminist Judgments & #MeToo

94 Notre Dame Law Review Online 51 (2018) , University of Baltimore School of Law Legal Studies Research Paper
Number of pages: 4 Posted: 22 Oct 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 74
6.

The Merger Incipiency Doctrine and the Importance of 'Redundant' Competitors

2018 Wisconsin Law Review 783 (2018), Univ. of Wisconsin Legal Studies Research Paper No. 1440
Number of pages: 63 Posted: 16 Oct 2018 Last Revised: 15 Jan 2019
Accepted Paper Series
University of Wisconsin Law School and University of Baltimore - School of Law
Downloads 120
7.

An Immodest Proposal for Birth Registration In Donor-Assisted Reproduction, In the Interest of Science and Human Rights

48 New Mexico Law Review 416, 2018, University of Baltimore School of Law Legal Studies Research Paper, No. 2018-14
Number of pages: 37 Posted: 05 Jun 2018 Last Revised: 16 Oct 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 11
8.

The Perpetual 'Invasion': Past as Prologue in Constitutional Immigration Law

23 Roger Williams University Law Review 369 (2018), University of Baltimore School of Law Legal Studies Research Paper No. 2018-10
Number of pages: 25 Posted: 14 May 2018 Last Revised: 16 Oct 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 60
9.

Realizing Dispute Resolution: Meeting the Challenges of Legal Realism Through Mediation

18 Nevada Law Journal 1, 2017, University of Baltimore School of Law Legal Studies Research Paper No. 2018-13
Number of pages: 33 Posted: 09 May 2018 Last Revised: 16 Oct 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 19
10.

Displacing Due Process

DePaul Law Review, Forthcoming, University of Baltimore School of Law Legal Studies Research Paper, No. 2018-11
Number of pages: 50 Posted: 30 Apr 2018 Last Revised: 16 Oct 2018
Accepted Paper Series
Pretrial Justice Clinic
Downloads 25
11.

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

ASCL Studies in Comparative Law (Cambridge University Press)
Number of pages: 22 Posted: 17 Apr 2018
Working Paper Series
University of Baltimore - School of Law
Downloads 52
12.

The Abolitionist Movement Comes of Age: From Capital Punishment as a Lawful Sanction to a Peremptory, International Law Norm Barring Executions

79 Montana Law Review 7 (2018), University of Baltimore School of Law Legal Studies Research Paper, No. 2018-07
Number of pages: 43 Posted: 09 Apr 2018 Last Revised: 16 Oct 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 59
13.

Criminal Doctrines of Faith

University of Baltimore School of Law Legal Studies Research Paper, No. 2018-08
Number of pages: 49 Posted: 19 Feb 2018 Last Revised: 16 Oct 2018
Working Paper Series
University of Baltimore - School of Law
Downloads 82
14.

Indigency, Secrecy, and Questions of Quality: Minimizing the Risk of 'Bad' Mediation for Low-Income Litigants

Marquette Law Review, Vol. 100, No. 1353, 2017, University of Baltimore School of Law Legal Studies Research Paper 2018-05
Number of pages: 35 Posted: 25 Sep 2017 Last Revised: 12 Jan 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 20
15.

Legitimacy, Authority, and the Right to Affordable Bail

26 WM. & MARY BILL RTS. J. 589 (2018), University of Baltimore School of Law Legal Studies Research Paper No. 2018-06
Number of pages: 40 Posted: 08 Sep 2017 Last Revised: 08 May 2018
Accepted Paper Series
University of Baltimore - School of Law and Maryland Court of Special Appeals
Downloads 254
16.

Cities, Inclusion and Exactions

102 Iowa Law Review 2145 (2017), University of Baltimore School of Law Legal Studies Research Paper No. 2018-01, Mississippi College School of Law Research Paper No. 2017-06
Number of pages: 43 Posted: 15 Aug 2017 Last Revised: 17 Sep 2018
Accepted Paper Series
University of Baltimore - School of Law and Mississippi College - School of Law
Downloads 86
17.

The New Commercial Law and Public Information Policy: The Libraries and UCITA

Practising Law Institute, Understanding Electronic Contracting (2001) and reprinted in 2 Internet Law & Business 783 (2001).
Number of pages: 18 Posted: 10 Aug 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 8
18.

Innovating Criminal Justice

Northwestern University Law Review, Forthcoming, University of Baltimore School of Law Legal Studies Research Paper No. 2018-12
Number of pages: 78 Posted: 03 Aug 2017 Last Revised: 16 Oct 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 168
19.

Science as Speech

Iowa Law Review, Vol. 102 (Forthcoming), University of Baltimore School of Law Legal Studies Research Paper No. 2018-04
Number of pages: 52 Posted: 03 Aug 2017 Last Revised: 12 Jan 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 102
20.

Left Behind: How the Absence of a Federal Vacatur Law Disadvantages Survivors of Human Trafficking

16 U. Md. L.J. Race, Religion, Gender & Class 239 (2017). , University of Baltimore School of Law Legal Studies Research Paper No. 2018-01
Number of pages: 20 Posted: 13 Jul 2017 Last Revised: 11 Jan 2018
Accepted Paper Series
University of Baltimore - School of Law and The Law Offices of Jobeth R. Bowers
Downloads 24
21.

The Presumptions of Classical Liberal Constitutionalism

Iowa Law Review, Vol. 102, 2017, University of Baltimore School of Law Legal Studies Research Paper No. 2018-03
Number of pages: 33 Posted: 16 Jun 2017 Last Revised: 12 Jan 2018
Accepted Paper Series
University of Baltimore - School of Law
Downloads 73
22.

Editorial Notes: April 2017

55 Family Court Review 173 (April 2017)
Number of pages: 2 Posted: 24 May 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 5
23.

Restoring the Legitimacy of Private Antitrust Enforcement

A Report to the 45th President (American Antitrust Institute, 2017 Forthcoming). , University of Baltimore School of Law Legal Studies Research Paper No. 2018-02
Number of pages: 31 Posted: 04 May 2017 Last Revised: 12 Jan 2018
Accepted Paper Series
University of San Francisco - School of Law and University of Baltimore - School of Law
Downloads 149
24.

Legal Recognition of De Facto Parents: Victory for Same-Sex Parents or Threat to Parental Autonomy

Number of pages: 7 Posted: 03 May 2017 Last Revised: 04 May 2017
Working Paper Series
University of Baltimore - School of Law
Downloads 21
25.

Hearsay and the Confrontation Clause (2017)

Number of pages: 44 Posted: 24 Apr 2017
Working Paper Series
University of Baltimore - School of Law
Downloads 29
26.

Medicaid Maximization and Diversion: Illusory State Practices that Convert Federal Aid into General State Revenue

Seattle University Law Review, Vol. 39, No.4, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2017-14
Number of pages: 39 Posted: 06 Apr 2017 Last Revised: 22 Apr 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 58
27.

Reproducing Gender and Race Inequality in the Blawgosphere

University of Baltimore School of Law Legal Studies Research Paper 2017-17, Seton Hall Public Law Research Paper
Number of pages: 25 Posted: 06 Apr 2017 Last Revised: 16 Sep 2017
Accepted Paper Series
University of Baltimore - School of Law and Seton Hall University - School of Law
Downloads 52
28.

Solomonic Judgments and the International Court of Justice

Legitimacy and International Courts (Cambridge University Press, Forthcoming), University of Baltimore School of Law Legal Studies Research Paper No. 2017-13
Number of pages: 16 Posted: 27 Feb 2017
Working Paper Series
University of Baltimore - School of Law
Downloads 113
29.

Editorial Notes: January 2017

55 Family Court Review 5 (2017)
Number of pages: 3 Posted: 24 Jan 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 9
30.

Another Look at the Need for Family Law Education Reform: One Law School's Innovations

55 Family Court Review 59 (2017), University of Baltimore School of Law Legal Studies Research Paper No. 2017-10
Number of pages: 12 Posted: 24 Jan 2017 Last Revised: 22 Apr 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 75
31.

The Inequality of America's Death Penalty: A Crossroads for Capital Punishment at the Intersection of the Eighth and Fourteenth Amendments

73 Washington and Lee Law Review Online 487 (2016), University of Baltimore School of Law Legal Studies Research Paper, No. 2017-11
Number of pages: 86 Posted: 19 Jan 2017 Last Revised: 22 Apr 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 50
32.

The Italian Enlightenment and the American Revolution: Cesare Beccaria's Forgotten Influence on American Law

Hamline Journal of Public Law and Policy, Vol. 37, No. 1, 2017, University of Baltimore School of Law Legal Studies Research Paper, No. 2017-12
Number of pages: 185 Posted: 19 Jan 2017 Last Revised: 22 Apr 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 164
33.

Defining Lawmaking Power

51 Wake Forest Law Review 881 (2016), University of Baltimore School of Law Legal Studies Research Paper 2017-18
Number of pages: 36 Posted: 15 Dec 2016 Last Revised: 22 Apr 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 72
34.

Building Community, Still Thirsty for Justice: Supporting Community Development Efforts in Baltimore

Journal of Affordable Housing, Vol. 25, No. 1, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2017-02
Number of pages: 7 Posted: 01 Dec 2016 Last Revised: 21 Feb 2017
Accepted Paper Series
University of Baltimore - The Community Development Clinic and University of Baltimore - School of Law
Downloads 33
35.

The Diversity Rationale for Affirmative Action in Military Contracting

Catholic University Law Review, Forthcoming, University of Baltimore School of Law Legal Studies Research Paper No. 2017-16
Number of pages: 51 Posted: 01 Dec 2016 Last Revised: 22 Apr 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 19
36.

Common Law Is Not an Option

Chapter 2 of James R. Maxeiner, Failures of American Lawmaking in Historical and Comparative Perspectives, Cambridge University Press, Fall 2017 Forthcoming, University of Baltimore School of Law Legal Studies Research Paper No. 2017-03
Number of pages: 20 Posted: 08 Nov 2016 Last Revised: 21 Feb 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 167
37.

Causation in Whistleblowing Claims

University of Richmond Law Review, Vol. 50, Pp. 1193-1232, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2017-05
Number of pages: 41 Posted: 26 Oct 2016 Last Revised: 21 Feb 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 61
38.

The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust

Capital University Law Review, Forthcoming, University of Baltimore School of Law Legal Studies Research Paper No. 2017-08
Number of pages: 29 Posted: 24 Oct 2016 Last Revised: 21 Feb 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 190
39.

Hearsay and the Confrontation Clause

University of Baltimore School of Law Legal Studies Research Paper No. 2017-04
Number of pages: 41 Posted: 17 Oct 2016 Last Revised: 21 Feb 2017
Working Paper Series
University of Baltimore - School of Law
Downloads 36
40.

From Fugitives to Ferguson: Repairing Historical and Structural Defects in Legally Sanctioned Use of Deadly Force

Washington University Journal of Law and Policy, Vol. 49, 2015, University of Baltimore School of Law Legal Studies Research Paper No. 2017-01
Number of pages: 25 Posted: 07 Oct 2016 Last Revised: 21 Feb 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 29
41.

Exploring Federal Diversity Jurisdiction

University of Baltimore School of Law Legal Studies Research Paper No. 2017-09
Number of pages: 12 Posted: 19 Sep 2016 Last Revised: 21 Feb 2017
Working Paper Series
University of Baltimore - School of Law
Downloads 32
42.

Of Grids and Gatekeepers: The Socioeconomics of Mediation

Cardozo Journal of Conflict Resolution, Vol. 17, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2017-06
Number of pages: 37 Posted: 16 Sep 2016 Last Revised: 21 Feb 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 14
43.

Interpretation: Article I, Section 5

Number of pages: 7 Posted: 16 Sep 2016 Last Revised: 22 Sep 2016
Working Paper Series
University of Baltimore - School of Law and Capitol Counsel LLC
Downloads 23
44.

Poverty, Dignity, and Public Housing

Columbia Human Rights Law Review, Vol. 47, No. 2, 2015, University of Baltimore School of Law Legal Studies Research Paper No. 2017-15
Number of pages: 62 Posted: 29 Aug 2016 Last Revised: 22 Apr 2017
Accepted Paper Series
University of Baltimore - School of Law
Downloads 101
45.

New Wine in Old Wineskins: Metaphor and Legal Research

Notre Dame L. Rev Online, Vol. 92, p. 1, 2016 , University of Baltimore School of Law Legal Studies Research Paper No. 2017-07
Number of pages: 22 Posted: 13 Aug 2016 Last Revised: 21 Feb 2017
Accepted Paper Series
University of Baltimore - School of Law and University of Baltimore - School of Law
Downloads 297
46.

Moving Family Dispute Resolution from the Court System to the Community

Maryland Law Review Endnotes Vol. 75, p. 9, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2016-15
Number of pages: 7 Posted: 07 Jul 2016 Last Revised: 30 Aug 2016
Accepted Paper Series
University of Baltimore - School of Law and University of Maryland Francis King Carey School of Law
Downloads 42
47.

Maryland's Family Divisions are a Model for Change

Trends in State Courts: Special Focus on Family Law and Court Communications, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2016-08
Number of pages: 8 Posted: 22 Jun 2016 Last Revised: 30 Aug 2016
Accepted Paper Series
University of Baltimore - School of Law, University of Baltimore - School of Law and University of Baltimore - School of Law
Downloads 35
48.

Whither Reasonable Suspicion: The Supreme Court's Functional Abandonment of the Reasonableness Requirement for Fourth Amendment Seizures

American Criminal Law Review, Vol. 53, pp. 349-76, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2016-10
Number of pages: 29 Posted: 16 Jun 2016 Last Revised: 30 Aug 2016
Accepted Paper Series
University of Baltimore - School of Law
Downloads 69
49.

Toward a Reality-Based Estate Tax

Boston College Law Review, Vol. 57, No. 3, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2016-09
Number of pages: 25 Posted: 22 May 2016 Last Revised: 30 Aug 2016
Accepted Paper Series
University of Baltimore - School of Law
Downloads 151
50.

Putting Public Law into 'Private' Sport

Pepperdine Law Review, Vol. 43, p. 681, 2016, University of Baltimore School of Law Legal Studies Research Paper No. 2016-11
Number of pages: 62 Posted: 02 May 2016 Last Revised: 30 Aug 2016
Accepted Paper Series
University of Baltimore - School of Law
Downloads 74