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Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby May 2017

Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby

University of Baltimore Law Review

Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively equal. Further, individuals with lower economic means were dually susceptible to conviction as a result of less vigorous legal representation.

Now, laws have legalized marijuana for medicinal purposes in twenty-six states, along with a small portion of states (seven) legalizing marijuana for recreational use. Yet retroactive ameliorative relief is not widely available to those who were convicted under circumstances that are now legal, and ...


The Persistence Of The Confederate Narrative, Peggy Cooper Davis, Anderson Francois, Colin Starger Jan 2017

The Persistence Of The Confederate Narrative, Peggy Cooper Davis, Anderson Francois, Colin Starger

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Ever since the United States was reconstituted after the Civil War, a Confederate narrative of states’ rights has undermined the Reconstruction Amendments’ design for the protection of civil rights. The Confederate narrative’s diminishment of civil rights has been regularly challenged, but it stubbornly persists. Today the narrative survives in imprecise and unquestioning odes to state sovereignty. We analyze the relationship, over time, between assertions of civil rights and calls for the protection of local autonomy and control. This analysis reveals a troubling sequence: the Confederate narrative was shamefully intertwined with the defense of American chattel slavery. It survived profound ...


Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar Jan 2016

Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar

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Fisher is currently the Scholar in Residence at the Constitution Project, and is well known for his many years as Senior Specialist on Separation of Powers at the Congressional Research Service and as Specialist in Constitutional Law at the Law Library of Congress. He has extensive experience testifying before Congress on topics that include Congress and the constitution, war powers, executive power and privilege, and several aspects of the federal budget and its processes. He has written numerous books on these topics, including (to name only a few) The President and Congress: Power and Policy (1972); Defending Congress and the ...


Blind Justice: The Need To Introduce Diverse Perspectives Into Our Legal System, Edward H. Richardson Jan 2016

Blind Justice: The Need To Introduce Diverse Perspectives Into Our Legal System, Edward H. Richardson

University of Baltimore Law Review

Peggy Young was finally pregnant. This was the third time that she attempted in vitro fertilization. The first time, in 2005, the procedure was successful, but Young suffered a miscarriage. The second attempt at in vitro fertilization, in February 2006, failed. The third round, in July of 2006, was a success. Each time that Young underwent an in vitro fertilization attempt, she requested, and received, a leave of absence from her job at United Parcel Service (UPS).

But what should have been a joyous occasion-a pregnancy resulting in the birth of Young's daughter Triniti- turned into a battle with ...


The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller Apr 2015

The Obese And The Elite: Using Law To Reclaim School Sports, Dionne L. Koller

All Faculty Scholarship

Sports in schools are a uniquely American phenomenon. Athletic programs flourish in high schools, colleges, and universities with traditionally very little interference by legislatures or courts. The most notable, if not limited, exception to this deference is Title IX of the Civil Rights Act of 1964 (Title IX), which prohibits educational institutions receiving federal financial assistance from discriminating on the basis of gender. As applied to athletic programs, Title IX is often cited as a public policy success. The law has led to the creation of meaningful sports participation opportunities for women and girls and shaped new norms for sports ...


Poverty, Dignity, And Public Housing, Jaime Alison Lee Jan 2015

Poverty, Dignity, And Public Housing, Jaime Alison Lee

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Antipoverty efforts are persistently subverted by broad societal contempt for poor people. The belief that poor people are morally and behaviorally inferior, and that their personal failings are the cause of their own poverty, is a staple of American opinion polls and political rhetoric. This presumption is so widespread that it even permeates antipoverty programs, which treat poor people with disdain even as they offer aid and assistance.

Income discrimination creates not just social stigma, but legal inequalities. The Supreme Court recognized some forty years ago that welfare law promoted wealth-based Constitutional inequalities, and responded by invoking the doctrines of ...


Keynote Speech: A Letter From The Original Cause Lawyer, F. Michael Higginbotham Jul 2014

Keynote Speech: A Letter From The Original Cause Lawyer, F. Michael Higginbotham

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This symposium speech is a short piece which talks about why there is a need for law students to become cause lawyers, the symposium being: cause lawyers and cause lawyering in the sixty years after Brown v. Board of Education. The writer creates an allegorical scene where he's snowed in in his home during a snowstorm, lightning strikes his computer, and the computer comes to life in the form a message being typed, and "channeled" to him by Thurgood Marshall. The former Justice of the Supreme Court proceeds to state the many reasons why there is still a need ...


Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes Apr 2014

Race And Immigration, Then And Now: How The Shift To "Worthiness" Undermines The 1965 Immigration Law's Civil Rights Goals, Elizabeth Keyes

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This essay looks at how far immigration reform has come from the explicit civil rights character of the 1965 immigration law that reshaped America. The optimism surrounding that law’s dismantling of national-origins barriers to immigration proved to be overstated in the intervening decades, as the factors determining an immigrant’s “worth and qualifications” too often became proxies for race. After briefly looking at work done by critical race theorists tracing some of ways race and immigration have long intersected in immigration legal history, the article closely examines modern-day immigration reform proposals, particularly the Senate bill that remains the most ...


Academic Extremism Threatens Democratic Values (Commentary), Kenneth Lasson Jan 2014

Academic Extremism Threatens Democratic Values (Commentary), Kenneth Lasson

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Veritas vos liberabit, chanted the scholastics of yesteryear — "the truth will set you free." It's hard to see how that mantra could be echoed by latter-day counterparts in the academy. Consider the recent resolution by the American Studies Association that advocated an academic boycott of Israel. Its argument — that Israeli universities are complicit in state policies violating Palestinians' human rights — belies the truth: Israel has long been the most diverse, inclusive and tolerant of any Middle Eastern country.


Resolving The Original Sin Of Bolling V. Sharpe, Gregory Dolin Jan 2014

Resolving The Original Sin Of Bolling V. Sharpe, Gregory Dolin

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On May 17, 1954 the Supreme Court handed down two decisions that for the first time categorically held that racial segregation in public schools was per se unlawful – Brown v. Board of Education and Bolling v. Sharpe. Ostensibly, both cases dealt with a same question; however, in Brown the entity accused of discrimination was a creature of the State of Kansas, while in Bolling the discrimination was practiced by the federal government. The problem that the Supreme Court faced was the language of the Fourteenth Amendment, which, by its own terms, guaranteed “equal protection of the laws” only vis-à-vis states ...


Post-Racial Lending?, Cassandra Jones Havard Jan 2014

Post-Racial Lending?, Cassandra Jones Havard

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Should lenders have absolute discretion when setting mortgage loan prices regardless of the borrower's creditworthiness? How should a regulatory framework evaluate lending decisions for racial bias to determine if demographic or other variables are used as proxies for race? Congress enacted the Home Mortgage Disclosure Act in order to acquire data on mortgage lending patterns and to discourage geographical disinvestment. Basic HMDA data indicates that mortgage loan applications from black and Hispanic households are more likely to be denied than are applications from whites. Loan denial rates for blacks, Hispanics, and Asians are higher than white applicants at all ...


Unfinished Business: Protecting Voting Rights In The Twenty-First Century, Gilda R. Daniels Nov 2013

Unfinished Business: Protecting Voting Rights In The Twenty-First Century, Gilda R. Daniels

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While minorities have experienced great progress because of the Voting Rights Act, particularly section 5 of the Act, the work to achieve an electoral process free of discrimination remains unfinished. In Shelby County v. Holder, the Supreme Court struck down section 4 of the Act, which provided the coverage formula through which section 5 was implemented. Without section 4, there is no section 5. The historical and contemporaneous discrimination that minorities in states formerly covered under section 5 continue to face is substantial and outpaces that in noncovered states. Scholars cannot divorce the debate surrounding section 5’s constitutionality, which ...


The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone Oct 2013

The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone

All Faculty Scholarship

When a child with a mental illness is being prescribed psychotropic medication. who decides whether the child should take the medication — the parent or the child? What if the child is sixteen years of age? What if the child is in foster care: Should the parent or social service agency decide? Prior to administering psychotropic medication, what specific information should be provided to the person authorized to consent on behalf of the child? Should children be permitted to refuse psychotropic medications? If so, at what age should a child he able to refuse such medication What procedures should be put ...


Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels Aug 2013

Lining Up: Ensuring Equal Access To Vote, Gilda R. Daniels

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This booklet ( a joint project of the Advancement Project and the Lawyer's Committee for Civil Rights Under Law) provides an extensive overview of restrictive voting laws, especially concerning minority voters. Daniels begins with a summary of voter obstructions and intimidation in the 2012 election, and then places that within the context of the history of voting and race in America.

Most recently, the Section 5 protections of the Voting Rights Act of 1965 were effectively removed by the Shelby County v. Holder Supreme Court decision. Daniels then explains what this means practically and legally for minority voters and how ...


The Virtue Of Obscurity, Colin Starger Jan 2013

The Virtue Of Obscurity, Colin Starger

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The critics have panned Justice Kennedy’s majority opinion in United States v. Windsor. Supporters and opponents of same-sex marriage have together bemoaned what may be called Kennedy’s “doctrinal obscurity” in Windsor. Doctrinal obscurity describes the opinion’s failure to justify striking down Section 3 of the Defense of Marriage Act (DOMA) using any discernable accepted test for substantive due process or equal protection. Specifically, Kennedy does not ask whether DOMA burdens a right “deeply rooted in this Nation’s history and tradition,” nor does he identify sexual orientation as a suspect or semi-suspect classification, nor does he subject ...


It's Not Just Name Calling, Kenneth Lasson Jan 2013

It's Not Just Name Calling, Kenneth Lasson

All Faculty Scholarship

I’m afraid that universities, which like to perceive themselves as places of culture in a chaotic world, are not quite that wonderful. Of course, some are better than others; not all of them are hotbeds of radical turmoil, but a disturbing number have come to be focal points of loud and strident opposition to the state of Israel.

Although the volume of overt antisemitic acts may have in fact declined over the past few years, there has been a significant increase in anti-Zionist rhetoric and activity on campuses around the country and around the world. The two concepts are ...


A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy’S Majority Opinion, Colin Starger Jan 2013

A Visual Guide To United States V. Windsor: Doctrinal Origins Of Justice Kennedy’S Majority Opinion, Colin Starger

All Faculty Scholarship

After finding the Court had jurisdiction, Justice Kennedy’s majority opinion in United States v. Windsor reached the merits and concluded that the Defense of Marriage Act (DOMA) was in violation of the Fifth Amendment. In his dissent, Justice Scalia attacked the majority’s doctrinal reasoning on the merits as “nonspecific handwaving” that invalidated DOMA “maybe on equal-protection grounds, maybe on substantive due process grounds, and perhaps with some amorphous federalism component playing a role.”

This Visual Guide is a “doctrinal map” that responds to Scalia’s accusation by charting the doctrinal origins of Justice Kennedy’s majority opinion. Specifically ...


Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard Apr 2012

Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard

All Faculty Scholarship

The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held that ...


How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller Jan 2012

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

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Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their ...


Introduction: Special Issue On Law, Kenneth Lasson Jan 2012

Introduction: Special Issue On Law, Kenneth Lasson

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Just as ensuring civil liberties for all requires eternal vigilance, so combating antisemitism is a never-ending quest. But the continuous monitoring of antisemitic incidents—a critical exercise that this journal painstakingly reflects in its “Antisemitica” feature—is merely the beginning of the everlasting effort to limit them. Bigotry comes in many guises and is a constantly evolving target, exposing the limitations of law and the frustrations of justice.

Thus, even in civilized societies where equality under the law is a guiding principle, legal remedies for discrimination are insufficient in and of themselves. They must be accompanied by purposeful good-will and ...


Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone Jan 2012

Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone

All Faculty Scholarship

This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention ...


Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner Jan 2012

Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner

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In 1944-45, the Nazis seized personal belongings of the Hungarian Jewish population and dispatched some of the most valuable of them on a train. The United States Army took control of this "Gold Train" and gave reassurances that it would keep the valuables safe. However, the items were plundered by individual soldiers, including officers, and diverted to various uses. After decades of dormancy, a Presidential Commission exposed the facts, but the government still did not right the wrong — until there was litigation.

The "Gold Train" case (Rosner v. United States) represents a measure of justice for the victimized community of ...


Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson Apr 2011

Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson

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This cover story focuses on two of baseball’s greatest players, Sandy Koufax, and Hank Greenberg. Besides describing their great talent for the game, it also chronicles the religious discrimination, taunts and abuse they had to endure for their religious beliefs, not just from the public, but occasionally from members of opposing teams as well.


"On The Take": The Black Box Of Credit Scoring And Mortgage Discrimination, Cassandra Jones Havard Apr 2011

"On The Take": The Black Box Of Credit Scoring And Mortgage Discrimination, Cassandra Jones Havard

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Subprime credit, a relatively new method of risk-based pricing, has been hailed as a way to open up markets and provide access to credit to those who would otherwise be excluded. Evidence suggests that subprime mortgage segmentation increases rather than reduces exclusionary practices in lending. Furthermore, what is unclear is how lenders determine who qualifies as a subprime borrower. This concern became manifested when studies demonstrated that minority borrowers, regardless of creditworthiness, are more likely to receive expensive, sub-prime loans. The disparity is properly attributed to lenders’ credit pricing policies which included discretionary increases despite the objectively-determined risk-based interest rate ...


And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard Mar 2011

And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard

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This article examines the Court’s categorical exclusion of mentally retarded defendants from execution and explores how trial courts should employ procedures to accomplish heightened reliability in the mental retardation determination; it maintains that if a mentally retarded defendant is subjected to a death sentence then the Atkins directive has been ignored. To satisfy the Atkins Court’s objective of protecting mentally retarded defendants from the “special risk of wrongful execution,” the article explores whether trial courts should engage in a unified, pre-trial competency assessment in all capital cases where the defendant asserts mental retardation as a bar to execution ...


The Viability Of Multi-Party Litigation As A Tool For Social Engineering Six Decades After The Restrictive Covenant Cases, José F. Anderson Jan 2011

The Viability Of Multi-Party Litigation As A Tool For Social Engineering Six Decades After The Restrictive Covenant Cases, José F. Anderson

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Six decades ago, a group of lawyers sought ways to overturn the racially restrictive covenants that were common across the United States. These restrictions on integrated neighborhoods were the first legal battleground of the civil rights movement using the courts of civil justice to remove what many thought were immoral restrictions on the rights of free people. The most famous of those cases was Shelley v. Kraemer, but the doctrine that emerged from that particular case was actually a series of separate, multi-party lawsuits in various locations, using teams of lawyers acting in concert with each other to achieve justice ...


In An Academic Voice: Antisemitism And Academy Bias, Kenneth Lasson Jan 2011

In An Academic Voice: Antisemitism And Academy Bias, Kenneth Lasson

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Current events and the recent literature strongly suggest that antisemitism and anti-Zionism are often conflated and can no longer be viewed as distinct phenomena. The following paper provides an overview of contemporary media and scholarship concerning antisemitic/anti-Zionist events and rhetoric on college campuses. This analysis leads to the conclusion that those who are naive about campus antisemitism should exercise greater vigilance and be more aggressive in confronting the problem.


The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane Jan 2011

The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane

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A central, symbolic image supporting property ownership is the image of stability. This symbol motivates most because it allows for settled expectations, promotes investment, and fulfills a psychological need for predictability. Despite the symbolic image, property is home to principles that promote instability, albeit a stable instability. This Article considers an overlooked but fundamental issue: the recurring instability experienced by minority property owners in ownership of their homes. This is not an instability one might attribute solely to insufficient financial resources to retain ownership, but instead reflects an ongoing pattern, exemplified throughout the twentieth century, of purposeful involuntary divestment of ...


Overcoming Under-Compensation And Under-Deterrence In Intentional Tort Cases: Are Statutory Multiple Damages The Best Remedy?, Stephen J. Shapiro Jan 2011

Overcoming Under-Compensation And Under-Deterrence In Intentional Tort Cases: Are Statutory Multiple Damages The Best Remedy?, Stephen J. Shapiro

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This Article advocates that states' statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful ...


Maryland Lawyers Who Helped Shape The Constitution: Father Of Freedom - Charles Hamilton Houston, José F. Anderson Jan 2011

Maryland Lawyers Who Helped Shape The Constitution: Father Of Freedom - Charles Hamilton Houston, José F. Anderson

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For most Americans, Charles Hamilton Houston is barely a footnote in history. Born in 1896, this Phi Beta Kappa graduate of Amherst College and Harvard educated African-American lawyer went on to win eight of nine cases in the United States Supreme Court. He designed the legal strategy for the historic Brown v. Board of Education 347 U.S. 483 (1954). He was the first African American to be elected to the Harvard Law Review and the first to earn the degree Doctor of Juridical Science Degree

By 1950 he would be laid to rest, exhausted by his brutal multi-state law ...