Digital Commons Network^™

The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner

Maryland Law Review

No abstract provided.

Equality Standards For Health Insurance Coverage: Will The Mental Health Parity And Addiction Equity Act End The Discrimination?, Ellen M. Weber

Faculty Scholarship

Congress enacted the Mental Health Parity and Addiction Equity Act in 2008 to end discriminatory health insurance coverage for persons with mental health and substance use disorders in large employer health plans. Adopting a comprehensive regulatory approach akin to other civil rights laws, the Parity Act requires “equity” in all plan features, including cost-sharing, durational limits and, most critically, the plan management practices that are used to deny many families medically necessary behavioral health care. Beginning in 2014, all health plans regulated by the Affordable Care Act must also comply with parity standards, effectively ending the second-class insurance status of …

"Going To Pieces" Over Lgbt Health Disparities: How An Amended Affordable Care Act Could Cure The Discrimination That Ails The Lgbt Community, Travis F. Chance

Journal of Health Care Law and Policy

No abstract provided.

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman

University of Maryland Law Journal of Race, Religion, Gender and Class

"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.

Chamber Of Commerce Of U.S. V. Whiting: The Possibility Of Anti-Discriminatory Immigration Reform In An Era Of Resurgent Federalism, Keelan Diana

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Reaching Batson's Challenge Twenty-Five Years Later: Eliminating The Peremptory Challenge And Loosening The Challenge For Cause Standard, Matt Haven

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg

Faculty Scholarship

This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level jobs. …

Cyber Civil Rights: Looking Forward, Danielle Keats Citron

Faculty Scholarship

The Cyber Civil Rights conference raised many important questions about the practical and normative value of seeing online harassment as a discrimination problem. In these remarks, I highlight and address two important issues that must be tackled before moving forward with a cyber civil rights agenda. The first concerns the practical—whether we, in fact, have useful antidiscrimination tools at the state and federal level and, if not, how we might conceive of new ones. The second involves the normative—whether we should invoke technological solutions, such as traceability anonymity, as part of a cyber civil rights agenda given their potential risks.

The Air Carrier Access Act: It Is Time For An Overhaul, Stuart A. Hindman

Student Articles and Papers

The Air Carrier Access Act (ACAA) is one of a number of federal laws that are designed to ensure the fair treatment of disabled individuals. However, the ACAA specifically applies only to those who take to the “friendly skies” and embark on one of the nation’s most sophisticated means of moving people, flight. The ACAA was enacted to overturn the U.S. Supreme Court’s decision in Paralyzed Veterans v. DOT, which held that the protections of Section 504 of the Rehabilitation Act did not apply to airlines.

It is the thesis of this article that, while the ACAA is a well-intended …

How Supplemental Environmental Projects Can And Should Be Used To Advance Environmental Justice, Douglas Rubin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Bridging The Title Vii Gap: Protecting All Workers From “Work Authorization” Discrimination, Rachel K. Alexander

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Equality And Sorority During The Decade After Brown, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black

Maryland Law Review

No abstract provided.

Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Unbearable Lightness Of Batson: Mixed Motives And Discrimination In Jury Selection, Russell D. Covey

Maryland Law Review

No abstract provided.

The Genetic Information Nondiscrimination Act Of 2008: History, Successes, And Future Considerations, Christine Formas Norris

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Misogyny, Androgyny And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith Render

Faculty Scholarship

Understanding sexual harassment as a form of discrimination “because of sex” has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex. This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law. The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender “equality”: one that is separated from a binary model of men and women, but that nonetheless continues to disadvantage women as compared to men. The paper refers to this idea as the androcentric-assimilation …

Addressing The Aggravated Meeting Points Of Race And Religion, David Keane

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

New Urbanism: Urban Development And Ethnic Integration In Europe And The United States, James A. Kushner

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb

Women, Leadership & Equality

No abstract provided.

The Debate Over The Denial Of Marriage Rights And Benefits To Same-Sex Couples And Their Children, Liz Seaton

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Master's Tools: Deconstructing The Socratic Method And Its Disparate Impact On Women Through The Prism Of The Equal Protection Doctrine, Tanisha Makeba Bailey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?, Cheryl Y. Haskins

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Breaking Out: Vmi And The Coming Of Women By Laura Fairchild Brodie, Melissa Nimit

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.