Law and Race Commons^™

From Fugitives To Ferguson: Repairing Historical And Structural Defects In Legally Sanctioned Use Of Deadly Force, José F. Anderson

All Faculty Scholarship

The lawful use of lethal force to subdue suspected wrongdoers has a long tradition in our nation. There is certainly nothing wrong with securing, incapacitating, or even killing violent persons who pose a serious threat to the lives of innocent individuals. One of the important roles of government is to protect people from harm and keep the peace. Recent events in Ferguson, Missouri, have highlighted the tension between the officers on the beat and citizens on the street. These tensions are not likely to subside unless there are major structural changes in the way the police do their job and …

Returning Citizens: How Shifting Law And Policy In Maryland Will Help Citizens Who Return From Incarceration, Khyla D. Craine, Esq., Glenn E. Martin

University of Baltimore Law Forum

In America, the concept of “time served” is a misnomer, as the shackles of a lifetime of collateral consequences make a criminal record a scathing obstacle for over 100 million Americans. Each year, more than 650,000 people are expected to reintegrate into our communities, often with substance abuse and mental health issues, minimal education, no job to sustain a life, and no stable home awaiting them.

While these numbers are staggering on their own, they do not reflect the even larger number of people who cycle through the court system and jails. For example, some take pleas for a lesser …

Community Development Vs. Economic Development: Residential Segregation, Tax Credits, And The Lack Of Economic Development In Baltimore's Black Neighborhoods, Jennifer Nwachukwu

University of Baltimore Journal of Land and Development

In 1967, the National Advisory Commission on Civil Disorders penned one of the most famous statements about race in America: “Our nation is moving toward two societies, one black, one white— separate and unequal.”2 For the city of Baltimore, MD, that statement rings true even in 2013. Outsiders think of Baltimore through the lens of HBO’s The Wire. Those who are from Baltimore or live in the city likely would say that driving through Baltimore is like driving through two different cities—nice areas with shops, restaurants, and beautiful architecture; and “not so nice” areas with blocks of dilapidated buildings and …

Overcoming Land Use Localism: How Hud's New Fair Housing Regulation Can Push States To Eradicate Exclusionary Zoning, Thomas Silverstein

University of Baltimore Journal of Land and Development

Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD’s publication of a final AFFH rule on July 16, 2015 was the culmination of that process, 2 but the rule did not resolve all outstanding questions. In particular, the one point that has been reiterated by a range of groups with often competing interests is that no one is entirely clear how the framework that HUD has developed will work for states.3 To …

"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson

All Faculty Scholarship

This article is an attempt to start a conversation about where we find ourselves in the plight to help our most challenged public schools. It is not intended to be a comprehensive solution to the problem, but rather a hard look at how, after decades of many efforts, we are further away from the equal education contemplated by the United States Supreme Court's historic decision in Brown v. Board of Education. This article does not desire to simply cast blame for the failures of our children, but to send a reminder that, as Frederick Douglass would say, we can hardly …