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Full-Text Articles in Law

The Unfinished Journey - Education, Equality And Martin Luther King, Jr., Revisited, Taunya Lovell Banks Jan 2013

The Unfinished Journey - Education, Equality And Martin Luther King, Jr., Revisited, Taunya Lovell Banks

Faculty Scholarship

An educated society is important to the survival of a democracy, a sentiment echoed by the Supreme Court in Brown v. Board of Education. Today most commentators concede that the implementation of Brown was a failure and that over the years there has been retrenchment. Although America’s schools are no longer racially segregated by law, a substantial percentage of school children are consigned to racially isolated schools. While commentators continue to argue for racially integrated schools, this article argues that racial integration alone is insufficient--schools must receive adequate financial resources and be even more diverse socio-economically to adequately prepare America’s …


Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks Jan 2010

Book Review: What Comes Naturally: Miscegenation Law And The Making Of Race In America, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Equality And Sorority During The Decade After Brown, Taunya Lovell Banks Jan 2009

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

Faculty Scholarship

No abstract provided.


Why The Supreme Court Lied About Plessy, David S. Bogen Jan 2007

Why The Supreme Court Lied About Plessy, David S. Bogen

Faculty Scholarship

This article examines the citation in Plessy of a dozen cases that the Court said held racial segregation statutes in transport to be constitutional. It argues that none of those twelve cases upheld a segregation statute, but were largely decisions upholding decisions by the carrier under the common law. Justice Brown knew that the cases did not uphold segregation statutes, but he went ahead and used them to bury opposition under the weight of precedent. He knew that he was unlikely to be challenged, and he believed that the common law and the Constitution involved the same principles. The conflation …


Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen Jan 2004

Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen

Faculty Scholarship

When Rosa Parks refused to move to a seat in the back of the bus in Montgomery, it sparked the boycott and was a critical event in the Civil Rights movement. But Mrs. Parks was the culmination of a long tradition of resistance to segregation. Many teachers, ministers, businessmen and ordinary citizens refused to accept second class treatment on the railways and waterways of Maryland between the end of the Civil War and the beginning of World War I, and took their protest to the courts. Facing hostile state courts after the Civil War, African-American plaintiffs needed to access the …


The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power Oct 1996

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Faculty Scholarship

No abstract provided.


The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen Jan 1985

The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen

Faculty Scholarship

October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.


Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power May 1983

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Faculty Scholarship

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.


The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon Jan 1974

The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon

Faculty Scholarship

No abstract provided.


Evans V. Abney: Reverting To Segregation, David S. Bogen Jan 1970

Evans V. Abney: Reverting To Segregation, David S. Bogen

Faculty Scholarship

No abstract provided.