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Fourteenth Amendment Commons

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Full-Text Articles in Fourteenth Amendment

Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia May 2018

Bristol-Myers Squibb Co. V. Superior Court: Reproaching The Sliding Scale Approach For The Fixable Fault Of Sliding Too Far, John V. Feliccia

Maryland Law Review

No abstract provided.


The Privacy Of The Public Schools, Emily Suski May 2018

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …


Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks Jan 2018

Multiracial Malaise: Multiracial As A Legal Racial Category, Taunya L. Banks

Faculty Scholarship

One byproduct of increased interracial marriages post Loving is a growing number of multiracial children. This cohort of multiracials tends to overshadow older and larger generations of multiracial people whose genealogical mixture is more distant. Some interracial couples, their multiracial children and others support a multiracial category on the U.S. Census. Proponents argued that multiracial individuals experience a unique type of discrimination that warrants treating them as a separate racial category. This article concedes that multiracial individuals should enjoy the freedom to self-identify as they wish, and like others, be protected by anti-discrimination law. It concludes, however, that current arguments …