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Full-Text Articles in Law

Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein Nov 2014

Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein

Maryland Law Review

During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These …


The Mysteriously Reappearing Cause Of Action: The Court’S Expanded Concept Of Intentional Gender And Race Discrimination In Federally Funded Programs, Derek W. Black Jan 2008

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.


Identities And Roles: Race, Recognition, And Professional Responsibility, David B. Wilkins Jan 1998

Identities And Roles: Race, Recognition, And Professional Responsibility, David B. Wilkins

Maryland Law Review

No abstract provided.


"Multiracial" Discourse: Racial Classifications In An Era Of Color-Blind Jurisprudence, Tanya Katerí Hernández Jan 1998

"Multiracial" Discourse: Racial Classifications In An Era Of Color-Blind Jurisprudence, Tanya Katerí Hernández

Maryland Law Review

No abstract provided.


Risky Business: Age And Race Discrimination In Capital Redeployment Decisions, Marley S. Weiss Jan 1989

Risky Business: Age And Race Discrimination In Capital Redeployment Decisions, Marley S. Weiss

Maryland Law Review

No abstract provided.


Racial Discrimination In The Private Housing Sector: Five Years After Jan 1973

Racial Discrimination In The Private Housing Sector: Five Years After

Maryland Law Review

No abstract provided.