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Articles 1 - 15 of 15
Full-Text Articles in Law
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Faculty Scholarship
One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …
The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn
Maryland Law Review
No abstract provided.
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Maryland Law Review
No abstract provided.
A Time For Change: Why The Msm Lifetime Deferral Policy Should Be Amended, Vianca Diaz
A Time For Change: Why The Msm Lifetime Deferral Policy Should Be Amended, Vianca Diaz
University of Maryland Law Journal of Race, Religion, Gender and Class
"A Time for Change: Why the MSM Lifetime Deferral Policy Should be Amended," discusses the need to amend the men who have sex with men (MSM) Lifetime Deferral to blood donations enforced by the Food and Drug Administration. This comment reviews the current policy within the current legal and cultural landscape and argues for the immediate need for reform.
Conaway V. Deane: To Have And To Hold, From This Day Forward—Maryland’S Unfit Marriage To Federal Equal Protection Analysis, Rachel A. Shapiro
Conaway V. Deane: To Have And To Hold, From This Day Forward—Maryland’S Unfit Marriage To Federal Equal Protection Analysis, Rachel A. Shapiro
Maryland Law Review
No abstract provided.
Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller
Maryland Law Review
No abstract provided.
Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny
Are You My Mother?: Removing A Gestational Surrogate’S Name From The Birth Certificate In The Name Of Equal Protection, Erin V. Podolny
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger
Johnson V. California: Setting A Constitutional Trap For Prison Officials, Rachel C. Grumberger
Maryland Law Review
No abstract provided.
Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton
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 whether …
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
Maryland Law Review
No abstract provided.
Strengthening Equal Protection Analysis In Maryland: Territorial Classification And In Re Trader
Strengthening Equal Protection Analysis In Maryland: Territorial Classification And In Re Trader
Maryland Law Review
No abstract provided.
The Case Of The Pregnant School Teachers: An Equal Protection Analysis
The Case Of The Pregnant School Teachers: An Equal Protection Analysis
Maryland Law Review
No abstract provided.
Equal Protection: Is There A Constitutional Right To A Sewer? - Hawkins V. Town Of Shaw
Equal Protection: Is There A Constitutional Right To A Sewer? - Hawkins V. Town Of Shaw
Maryland Law Review
No abstract provided.
Imprisonment Of Indigents For Non-Payment Of Fines: Equal Protection Or Substitute Punishment? - Morris V. Schoonfield
Maryland Law Review
No abstract provided.
Discretionary Action Of Park Board In Excluding Negro Golfers Not Subject To Mandamus - Board Of Park Commissioners Of Baltimore City V. Murphy
Maryland Law Review
No abstract provided.