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Adapting Principles to Circumstances: Maryland Shall Issue, Inc. v. Moore and the Post-Rahimi Gun Regulation Landscape
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The Boundaries of Care and Control: Stakeholder Struggles to Navigate the Challenges of Mandatory Sex Offender Treatment
Full text linkAbitron v. Hetronic: Scoping the Lanham Act’s Domestic “Use in Commerce” Requirement Broadly to Provide Meaningful Protections Against Foreign Trademark Infringement
Full text linkThe “Common Concern of Humankind”: Establishing Erga Omnes Obligations for Climate Change Responsibility in the ICJ’s Forthcoming Advisory Opinion
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The Nineteenth Amendment and Dobbs
Full text linkThere was a surge in legal scholarship around the Nineteenth Amendment to the United States Constitution—the Woman Suffrage Amendment—leading up to its centennial in August 2020. But this scholarly interest around the Nineteenth peaked two years before the U.S. Supreme Court’s historic decision in Dobbs v. Jackson Women’s Health Organization in June 2022. This paper revisits the Nineteenth Amendment in light of the Court’s decision in Dobbs. It argues that the Nineteenth should be understood as a ban on sex discrimination that extends beyond the right to vote. The Amendment expands the scope of women’s citizenship as a matter of federal constitutional law by prohibiting legislation which denies or abridges a woman’s right to self-govern. And it situates the power to enforce this prohibition in Congress—not state legislatures—as a matter of federalism.
The paper traces the historical understanding of voting as self-government, and self-government as the means by which a citizen operationalizes self-determination. Suffragists understood self-government to include self-ownership and voluntary motherhood. A feminist constitutionalism would incorporate the Nineteenth’s capacious, seventy-two-year history into a robust reading of the Amendment. Such a reading provides support to courts that choose to invalidate legislation denying or abridging not only political but also reproductive self-determination. Although such a reading is unlikely to be embraced by the current Supreme Court’s conservative majority, it should be introduced into judicial discourse for use by future courts in reasoning around women’s reproductive liberty
No Child Left Confined: Challenging the Digital Convict Lease
Full text linkThe following is a lightly edited transcript of comments provided at the Journal of Health Care Law & Policy’s Spring Symposium entitled “Uneasy Alignments: The Mental Health Turn in The American Legal System.” This event was hosted on March 16, 2023, by University of Maryland Francis King Carey School of Law in collaboration with the University of Maryland School of Social Work’s Daniel Thursz Social Justice Lecture Series. The Symposium examined how legal systems, like child welfare and juvenile law institutions, use coercion to force engagement or compliance with often unproven therapeutic interventions. The presentation took on the question of how the negative impacts of this turn manifest in the home. The lecture centers on the use of digital surveillance technologies, like electronic ankle monitors, by juvenile courts as presumed rehabilitative tools and alternatives to incarceration. It argues that not only is electronic monitoring ineffective as a therapeutic intervention toward adequate adolescent development, but also it leads to a marginalization that severs youth from the community ties necessary for growth. The lecture concludes that a critical race and technology approach is useful for understanding how this practice feeds an expanding data economy that exploits poor families of color under the premise of contributing to public health and public safety
