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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 42

Full-Text Articles in Law and Race

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman Aug 2019

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

Maryland Law Review

No abstract provided.


Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford Jan 2019

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford

Faculty Scholarship

No abstract provided.


Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith Sep 2018

Digging Them Out Alive, Michael Millemann, Rebecca Bowman Rivas, Elizabeth Smith

Faculty Scholarship

From 2013-2018, we taught a collection of interrelated law and social work clinical courses, which we call “the Unger clinic.” This clinic was part of a major, multi-year criminal justice project, led by the Maryland Office of the Public Defender. The clinic and project responded to a need created by a 2012 Maryland Court of Appeals decision, Unger v. State. It, as later clarified, required that all Maryland prisoners who were convicted by juries before 1981—237 older, long-incarcerated prisoners—be given new trials. This was because prior to 1981 Maryland judges in criminal trials were required to instruct the ...


Equal Work, Stephanie Bornstein May 2018

Equal Work, Stephanie Bornstein

Maryland Law Review

Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually ...


Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington May 2018

Pena-Rodriguez V. Colorado: Elevating A Constitutional Exception Above The Tanner Framework, Caroline Covington

Maryland Law Review

No abstract provided.


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 ...


An Unacknowledged Constitutional Crisis: United States V. Shipp Ii (1909), Leslie F. Goldstein Nov 2017

An Unacknowledged Constitutional Crisis: United States V. Shipp Ii (1909), Leslie F. Goldstein

Maryland Law Review

No abstract provided.


Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel Jun 2017

Neurorhetoric, Race, And The Law: Toxic Neural Pathways And Healing Alternatives, Lucy Jewel

Maryland Law Review

No abstract provided.


Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe Jun 2017

Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe

Maryland Law Review

No abstract provided.


Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander Jun 2017

Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander

Maryland Law Review

No abstract provided.


The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer Jun 2017

The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer

Maryland Law Review

No abstract provided.


Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene Jun 2017

Stories That Swim Upstream: Uncovering The Influence Of Stereotypes And Stock Stories In Fourth Amendment Reasonable Suspicion Analysis, Sherri Lee Keene

Maryland Law Review

No abstract provided.


Eugenics, Jim Crow, And Baltimore's Best, Garrett Power Nov 2016

Eugenics, Jim Crow, And Baltimore's Best, Garrett Power

Faculty Scholarship

No abstract provided.


Keeping Cases From Black Juries: An Empirical Analysis Of How Race, Income Inequality, And Regional History Affect Tort Law, Donald G. Gifford, Brian Jones Jan 2016

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 ...


Helping Our Students Reach Their Full Potential: The Insidious Consequences Of Stereotype Threat, Russell A. Mcclain Jan 2016

Helping Our Students Reach Their Full Potential: The Insidious Consequences Of Stereotype Threat, Russell A. Mcclain

Faculty Scholarship

No abstract provided.


Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard Jan 2015

Poor, Black And "Wanted": Criminal Justice In Ferguson And Baltimore, Michael Pinard

Faculty Scholarship

No abstract provided.


Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks Jan 2015

Post-Katrina Suppression Of Black Working-Class Political Expression, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Race, Place And Historic Moment – Black And Japanese American World War Ii Veterans: The G.I. Bill Of Rights And The Model Minority Myth, Taunya L. Banks Jan 2015

Race, Place And Historic Moment – Black And Japanese American World War Ii Veterans: The G.I. Bill Of Rights And The Model Minority Myth, Taunya L. Banks

Faculty Scholarship

No abstract provided.


Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene Jan 2015

Victim Or Thug? Examining The Relevance Of Stories In Cases Involving Shootings Of Unarmed Black Males, Sherri Keene

Faculty Scholarship

No abstract provided.


Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks Jan 2008

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 ...


To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks Jan 2006

To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks Jan 2006

Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks

Faculty Scholarship

Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The ...


Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton Oct 2005

Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton

Faculty Scholarship

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning ...


Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks Jan 2003

Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


Two "Colored" Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews Jan 2003

Two "Colored" Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews

Faculty Scholarship

This is a critique by two non-white law professors in the form of a conversation about the relevance of feminist law journals on their lives and scholarship. We conclude that the impression that feminist scholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as ...


Colorism: A Darker Shade Of Pale, Taunya Lovell Banks Jan 2000

Colorism: A Darker Shade Of Pale, Taunya Lovell Banks

Faculty Scholarship

In this article, Professor Banks argues that colorism, skin tone discrimination against dark-skinned but not light-skinned blacks, constitutes a form of race-based discrimination. Skin tone discrimination coexists with more traditional forms of race discrimination that impact all blacks without regard to skin tone and phenotype, yet courts seem unwilling to recognize this point. Professor Banks uses employment discrimination cases to illustrate some courts' willingness to acknowledge subtler forms of race-based discrimination, like skin tone discrimination, for white ethnic and Latina/o plaintiffs, but not for black plaintiffs. The inability of courts to fashion coherent approaches to colorism claims involving black ...


Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks Jan 1999

Toward A Global Critical Feminist Vision: Domestic Work And The Nanny Tax Debate, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks Jan 1998

Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks

Faculty Scholarship

Asians often take a middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls "simultaneous racism," where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicating a pattern of how the dominant power uses law to enforce insularity among and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraints does not excuse the behavior of White appeasement or group insularity among both Asians ...


Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg Jan 1997

Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg

Maryland Law Review

No abstract provided.


The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen Jan 1991

The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen

Faculty Scholarship

No abstract provided.