Law Commons^™

Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones

Faculty Scholarship

This Article presents an empirical analysis of how race, income inequality, the regional history of the South, and state politics affect the development of tort law. Beginning in the mid-1960s, most state appellate courts rejected doctrines such as contributory negligence that traditionally prevented plaintiffs’ cases from reaching the jury. We examine why some, mostly Southern states did not join this trend.

To enable cross-state comparisons, we design an innovative Jury Access Denial Index (JADI) that quantifies the extent to which each state’s tort doctrines enable judges to dismiss cases before they reach the jury. We then conduct a multivariate analysis …

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 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 …

Has The Roberts Court Plurality's Colorblind Rhetoric Finally Broken Brown's Promise?, Phoebe A. Haddon

Faculty Scholarship

This Essay examines the continuing significance of the Keyes decision to the judicial vision of equality and racial isolation in public education. By comparing efforts to promote educational equality from the Keyes era through today, this Essay asserts that the judiciary has wrongly embraced a colorblind interpretation of the Equal Protection Clause. In so doing, courts have impeded the progress of children in Denver and around the country, ignored highly instructive social science studies on the benefits of desegregation, and broken the constitutional promise of equal citizenship. For future policy makers and lawyers to address these persistent problems, legal educators …

The Role Of Race In End-Of-Life Care, Barbara A. Noah

Journal of Health Care Law and Policy

No abstract provided.

Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue

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

No abstract provided.

Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann

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

No abstract provided.

Funding Race As Biology: The Relevance Of "Race" In Medical Research, Taunya L. Banks

Faculty Scholarship

Most scientists agree that race and ethnicity (ethno-race) classifications are the result of social and political conditions, as opposed to biological differences. But there is disagreement about the scientific validity of these categories. A number of scientists use ethno-race as a surrogate for various socioeconomic and environmental factors. Using race as a biological category can reflect and reinforce racial stratification as well as racist notions of inherent human difference. Questions surrounding the appropriateness of ethno-race classifications in medical research have been heightened by two decades of federal legislation that contains initiatives on minority health.

This article proceeds from the assumption …

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.

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Faculty Scholarship

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce a …

Collateral Consequences Of Criminal Convictions: Confronting Issues Of Race And Dignity, Michael Pinard

Faculty Scholarship

This article explores the racial dimensions of the various collateral consequences that attach to criminal convictions in the United States. The consequences include ineligibility for public and government-assisted housing, public benefits and various forms of employment, as well as civic exclusions such as ineligibility for jury service and felon disenfranchisement. To test its hypothesis that these penalties, both historically and contemporarily, are rooted in race, the article looks to England and Wales, Canada and South Africa. These countries have criminal justice systems similar to the United States’, have been influenced significantly by United States’ criminal justice practices in recent years, …

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

Faculty Scholarship

No abstract provided.

A Conversation About Problem-Solving Courts: Take 2, Jane M. Spinak

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

No abstract provided.

Taking A Stand In A Not-So-Perfect World: What’S A Critical Supporter Of Problem-Solving Courts To Do?, Corey Shdaimah

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

No abstract provided.

Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore

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

No abstract provided.

The Effects Of Net-Widening On Minority And Indigent Drug Offenders: A Critique Of Drug Courts, Joel Gross

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

No abstract provided.

The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer

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

No abstract provided.

To Kill A Mockingbird Perspectives, Sherrilyn A. Ifill

Faculty Scholarship

"To Kill a Mockingbird" is one of the most influential and widely acclaimed legal novels in American history. It tells the story of a small-town white lawyer who is appointed to defend a black man accused of raping a white woman in 1930s Alabama. The lawyer, Atticus Finch, is one of the great legal heroes of American fiction. The story, told from the perspective of Atticus' daughter Scout, explores race, class, gender, family and law. Most of all it is a both critical and loving account of the white South. This article is a personal story about the influence of …

Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks

Faculty Scholarship

Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry—English; her …

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.

Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, Lavonda N. Reed-Huff

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

No abstract provided.

“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson

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

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.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers' Rights, Elizabeth Keyes

Women, Leadership & Equality

No abstract provided.

Thompson V. Hud: Groundbreaking Housing Desegregation Litigation, And The Significant Task Ahead Of Achieving An Effective Desegregation Remedy Without Engendering New Social Harms, Gina Kline

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

No abstract provided.

"We Can't Tell Them Apart": When And How The Court Should Educate Jurors On The Potential Inaccuracies Of Cross-Racial Identifications, Aaron H. Chiu

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

No abstract provided.

Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez

Faculty Scholarship

No abstract provided.

Enhancing Access To Health Care And Eliminating Racial And Ethnic Disparities In Health Status: A Compelling Case For Health Professions Schools To Implement Race-Conscious Admissions Policies, Thomas E. Perez

Journal of Health Care Law and Policy

No abstract provided.

Closing The Health Care Disparities Gap: Turning Evidence Into Action, Carolyn M. Clancy

Journal of Health Care Law and Policy

No abstract provided.

Introduction, Elijah E. Cummings

Journal of Health Care Law and Policy

No abstract provided.