Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

University of Baltimore Law

Civil Rights and Discrimination

Discrimination

Articles 1 - 11 of 11

Full-Text Articles in Law

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

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

All Faculty Scholarship

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 ...


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

All Faculty Scholarship

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 ...


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

All Faculty Scholarship

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

All Faculty Scholarship

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 ...


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

All Faculty Scholarship

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 ...


Racial Redistricting In A Post-Racial World, Gilda R. Daniels Jan 2011

Racial Redistricting In A Post-Racial World, Gilda R. Daniels

All Faculty Scholarship

The 2011 redistricting will provide some interesting challenges for minority voting rights. How can we preserve minority electoral opportunities and gains in the wake of Bartlett v. Strickland and Georgia v. Ashcroft? What is the impact on future voting rights litigation and are coalition district claims viable as an opportunity to continue the electoral gains made since the passage of the Voting Rights Act? Are majority-minority districts safe from legislative backsliding? The Supreme Court's construed admonitions against race-conscious redistricting in recent cases may become cautionary tales. This Article discusses the central role the Voting Rights Act should play in ...


Freedom Of Association, The Community Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, José F. Anderson Jan 2009

Freedom Of Association, The Community Party, And The Hollywood Ten: The Forgotten First Amendment Legacy Of Charles Hamilton Houston, José F. Anderson

All Faculty Scholarship

Charles Hamilton Houston, the most important civil rights lawyer of the first half of the 20th century who developed the legal strategy in Brown v. Board of Education, ended his fabulous legal career representing a group of Hollywood screen writers known as the Hollywood Ten. See Lawson and Trumbo v. United States, 176 F.2d 49 (D.C. App.1949). In that case convictions and jail sentences were upheld for the defendants' failure to answer questions from the House Committee on Un-American Activities (HCUA) about their views on communism and whether or not each was members of the Communist Party ...


To Lend Or Not To Lend: What The Cra Ought To Say About Sub-Prime And Predatory Lending, Cassandra Jones Havard Jul 2005

To Lend Or Not To Lend: What The Cra Ought To Say About Sub-Prime And Predatory Lending, Cassandra Jones Havard

All Faculty Scholarship

Policies that support the expansion of affordable housing for low- and moderate-income persons must be reconciled with those policies that undercut the sustainability of home ownership. The sub-prime market represents a much needed expansion of credit markets to those who have been denied access to credit though they are creditworthy. The high failure rate of the sub-prime market indicates that market forces are ineffective in halting this economic abuse. This article argues that the public policy choices and justifications for certain practices have marginalized the concerns of particular consumer classes. It challenges the premise that the free market can and ...


A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson Apr 2000

A. Leon Higginbotham Jr.: Who Will Carry The Baton?, F. Michael Higginbotham, José F. Anderson

All Faculty Scholarship

It was a rainy November day during Thanksgiving weekend of 1997. The scene was the Washington, D.C., childhood home of Dr. Evelyn Brooks Higginbotham, A. Leon Higginbotham Jr.'s beloved wife. Our assignment was to assist in the removal, packing, and transport of a few prized family heirlooms that were to be taken to their home in Newton, Massachusetts.

On the early morning drive into Washington, D.C., our conversation was mostly idle chit-chat. Little did we know that the circumstances of the day would lead to an amazing set of discussions, the importance of which we could never ...


Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius Jan 1995

Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius

All Faculty Scholarship

This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing ...


The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos May 1985

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

All Faculty Scholarship

This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.