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Full-Text Articles in Law

Tributes To Professor Alice Brumbaugh, Alan D. Hornstein, Abraham Dash, Frederic N. Smalkin, Lynne A. Battaglia, Karen H. Rothenberg, David S. Bogen Aug 2011

Tributes To Professor Alice Brumbaugh, Alan D. Hornstein, Abraham Dash, Frederic N. Smalkin, Lynne A. Battaglia, Karen H. Rothenberg, David S. Bogen

David S. Bogen

Tributes to Professor Alice Brumbaugh upon her retirement from the University of Maryland School of Law.


From Racial Discrimination To Separate But Equal: The Common Law Impact Of The Thirteenth Amendment, David S. Bogen Aug 2011

From Racial Discrimination To Separate But Equal: The Common Law Impact Of The Thirteenth Amendment, David S. Bogen

David S. Bogen

Many forces produced the shift in the United States from the acceptance of slavery and racial inequality to the doctrine of separate but equal. The 13th Amendment abolished slavery and authorized legislation to enforce that abolition, but these well-known direct effects are only part of the story. This paper examines the Amendment’s indirect impact on racial discrimination – furthering a standard of equality in public relationships without threatening the existing racial separation. The Amendment is evidence of a change in values that justified overturning prior decisions, and abolition created a new context for legislation and common law decisions. It reinforced …


Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen Apr 2009

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

David S. Bogen

No abstract provided.


The First Integration Of The University Of Maryland School Of Law, David S. Bogen Apr 2009

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

David S. Bogen

No abstract provided.


The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen Feb 2009

The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen

David S. Bogen

No abstract provided.


Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen Feb 2009

Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen

David S. Bogen

When Rosa Parks refused to move to a seat in the back of the bus in Montgomery, it sparked the boycott and was a critical event in the Civil Rights movement. But Mrs. Parks was the culmination of a long tradition of resistance to segregation. Many teachers, ministers, businessmen and ordinary citizens refused to accept second class treatment on the railways and waterways of Maryland between the end of the Civil War and the beginning of World War I, and took their protest to the courts. Facing hostile state courts after the Civil War, African-American plaintiffs needed to access the …