Past Print Articles
Maryland Law Review Print
Volume 79, Issue 2 (Spring 2020)
Articles
Dementia, Autonomy, and Supported Healthcare Decision Making
Disability law in six U.S. jurisdictions provides an alternative decision-making model, known as supported decisionmaking, which empowers persons with cognitive impairments to make their own decisions and could be usefully applied to dementia. In supported decisionmaking, an adult with a disability (the “principal”) voluntarily chooses people to assist them in decisionmaking (a “supporter”) and formalizes this arrangement in a written agreement. The supporter’s role is to help the principal gather relevant information, think through the decision, and convey the decision […]
Restraining Live Hand Control of Inheritance
Although the law grants the donee broad freedom to accept or reject inheritances, it restrains the donee’s ability to reject a gift under some scenarios, and it restrains their ability to accept a gift under others. To fill this analytical void, this Article will bring together the law’s restraints of acceptance and rejection and seek to develop a unifying theoretical framework that can guide policymakers in deciding when and how to restrain the donee’s discretion to accept or reject a gift […]
Regulating the Border
In this Article I will examine border adjudications within the structure of our administrative state. I will consider proper roles between and within agencies, as well as among the agencies and courts. Specifically, I will consider how the underlying aims of judicial review of agency decisionmaking should shape and guide credible fear processes. I will argue that revised agency practices and recalibrated judicial review can help ensure fair screenings […]
From Individual Control to Social Protection: New Paradigms for Privacy Law In The Age of Predictive Analytics
Leading scholars have recognized the need for such a shift and have proposed ways to achieve it. This Article will argue that, while they move the ball forward, these proposals do not provide an adequate solution. It will propose that the Federal Trade Commission (“FTC”) use its unfairness authority to draw substantive lines between data analytics practices that are socially appropriate and fair, and those that are inappropriate and unfair, and will examine how the FTC would make such determinations […]
Notes & Comments
Stokeling v. United States: Blurring The Line Of What Constitutes Physical Force Under The Elements Clause Of The Armed Career Criminal Act
As a result, the Court held that all state robbery statutes requiring a defendant to use force sufficient to overcome the victim’s resistance categorically qualify as “violent felon[ies]” under the ACCA’s elements clause—no matter how minimal that force is.6 The Court incorrectly decided the case, because the minimal amount of force that can satisfy Florida robbery does not fit the definition of “physical force” set forth by the Court in Johnson I […]