Law Commons^™

Drum Majors For Justice, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

Many lawyers worked with the legendary Thurgood Marshall to overturn the Supreme Court's infamous separate but equal doctrine, which had permitted racial segregation in schools and public accommodations. But while most Marylanders are aware of Marshall's contribution, few recognize the name of his colleague, William I. Gosnell.

At that time, Gosnell was one of only 32 black lawyers in the state of Maryland. In fact, due to the state's racial segregation policy, both he and Marshall had received scholarships to attend out- of-state law schools. They were denied entry to the University of Maryland because of their skin color. While …

No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins

Faculty Publications

Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and …

In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher

Faculty Scholarship

This Essay argues that the principle of equality under law is best grounded in a holistic view of human dignity. Rejecting modem attempts to justify equality by reducing humanity to a particular actual characteristic, it articulates a religious imperative to treat people equally by drawing on biblical as well as modern philosophical sources. The principle "all men are created equal," as celebrated in the Declaration of Independence and Gettysburg Address, draws on this holistic understanding of humanity. This admittedly romantic approach to equality generates a critique of contemporary Supreme Court doctrine, including the prevailing approaches to strict scrutiny, affirmative action, …