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Civil Rights and Discrimination Commons™
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Articles 91 - 120 of 214
Full-Text Articles in Civil Rights and Discrimination
Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks
Multilayered Racism: Courts' Continued Resistance To Colorism Claims, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks
Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks
Faculty Scholarship
In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all of which used …
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Faculty Scholarship
The Supreme Court has consistently held that congressional intent governs whether federal statutes are privately enforceable. Where Congress has been silent, a line of cases culminating in Gonzaga Univ. v. Doe, 536 U.S. 273 (2002), prescribes a formula for inferring congressional intent from the structure of a statute. Here, however, Congress has not been silent: the Food and Nutrition Act specifies the amount of retroactive benefits that may be awarded households in “any judicial action arising under this Act” and makes certain records of state agencies “available for review in any action filed by a household to enforce any provision …
Woman Of Valor, Sherrilyn A. Ifill
Wide Right: Why The Ncaa’S Policy On The American Indian Mascot Issue Misses The Mark, Andre Douglas Pond Cummings, Seth E. Harper
Wide Right: Why The Ncaa’S Policy On The American Indian Mascot Issue Misses The Mark, Andre Douglas Pond Cummings, Seth E. Harper
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell
Evaluating Policy Solutions To Sex-Based Pay Discrimination: Women Workers, Lawmakers, And Cultural Change, Vicky Lovell
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
Commentary: Women’S Employment Rights In The Workplace Of 2007 And 2027, Marley S. Weiss
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
Antidiscrimination Law In The Workplace: Moving Beyond The Impasse, Dale Larson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman
Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman
Maryland Law Review
No abstract provided.
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Cyber Civil Rights (November 2008; Mp3), Danielle Keats Citron
Faculty Scholarship
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital "scarlet letters" that ruin reputations. Today's …
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Faculty Scholarship
Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …
To Kill A Mockingbird Perspectives, Sherrilyn A. Ifill
To Kill A Mockingbird Perspectives, Sherrilyn A. Ifill
Faculty Scholarship
"To Kill a Mockingbird" is one of the most influential and widely acclaimed legal novels in American history. It tells the story of a small-town white lawyer who is appointed to defend a black man accused of raping a white woman in 1930s Alabama. The lawyer, Atticus Finch, is one of the great legal heroes of American fiction. The story, told from the perspective of Atticus' daughter Scout, explores race, class, gender, family and law. Most of all it is a both critical and loving account of the white South. This article is a personal story about the influence of …
Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters
Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy
10 Years Out Of Step & Out Of Line: Florida’S Statutory Ban Of “Lesbi-Gay Adoption” Violates The Adoption And Safe Families Act Of 1997 (Asfa), Cynthia G. Hawkins-León, Anesha Worthy
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
“Whites Only Tree,” Hanging Nooses, No Crime?: Limiting The Prosecutorial Veto For Hate Crimes In Louisiana And Across America, Tamara F. Lawson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters
Denny V. Elizabeth Arden Salons, Inc.: Condoning Race Discrimination In Resembling Places Of Public Accommodation Under Title Ii, Radiance A. Walters
Student Articles and Papers
No abstract provided.
Why The Supreme Court Lied About Plessy, David S. Bogen
Why The Supreme Court Lied About Plessy, David S. Bogen
Faculty Scholarship
This article examines the citation in Plessy of a dozen cases that the Court said held racial segregation statutes in transport to be constitutional. It argues that none of those twelve cases upheld a segregation statute, but were largely decisions upholding decisions by the carrier under the common law. Justice Brown knew that the cases did not uphold segregation statutes, but he went ahead and used them to bury opposition under the weight of precedent. He knew that he was unlikely to be challenged, and he believed that the common law and the Constitution involved the same principles. The conflation …
Tied Up In Knotts? Gps Technology And The Fourth Amendment, Renée Mcdonald Hutchins
Tied Up In Knotts? Gps Technology And The Fourth Amendment, Renée Mcdonald Hutchins
Faculty Scholarship
Judicial and scholarly assessment of emerging technology seems poised to drive the Fourth Amendment down one of three paths. The first would simply relegate the amendment to a footnote in history books by limiting its reach to harms that the framers specifically envisioned. A modified version of this first approach would dispense with expansive constitutional notions of privacy and replace them with legislative fixes. A third path offers the amendment continued vitality but requires the U.S. Supreme Court to overhaul its Fourth Amendment analysis. Fortunately, a fourth alternative is available to cabin emerging technologies within the existing doctrinal framework. Analysis …
Thompson V. Hud: Groundbreaking Housing Desegregation Litigation, And The Significant Task Ahead Of Achieving An Effective Desegregation Remedy Without Engendering New Social Harms, Gina Kline
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
The Chilling Effect Of Government Surveillance Programs On The Use Of The Internet By Muslim-Americans, Dawinder S. Sidhu
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Genetic Information Nondiscrimination Act Of 2008: History, Successes, And Future Considerations, Christine Formas Norris
The Genetic Information Nondiscrimination Act Of 2008: History, Successes, And Future Considerations, Christine Formas Norris
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Lost Legislative History Of The Equal Rights Amendment: Lessons From The Unpublished 1983 Markup By The House Judiciary Committee, Paul Taylor, Philip G. Kiko
The Lost Legislative History Of The Equal Rights Amendment: Lessons From The Unpublished 1983 Markup By The House Judiciary Committee, Paul Taylor, Philip G. Kiko
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Faculty Scholarship
Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument …
An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard
An Integrated Perspective On The Collateral Consequences Of Criminal Convictions And Reentry Issues Faced By Formerly Incarcerated Individuals, Michael Pinard
Faculty Scholarship
This article examines the emergent focus on the collateral consequences of criminal convictions and the reentry of formerly incarcerated individuals. Specifically, the article details the ways in which legal scholars, policy analysts, elected officials, legal services organizations and community based organizations have begun to address these components of the criminal justice system. The article argues that these various groups have compartmentalized collateral consequences and reentry by focusing almost exclusively on one component to the exclusion of the other. In doing so, they have narrowed the lens through which to view these components, and have therefore missed opportunities to develop integrated …
Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs
Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs
Faculty Scholarship
The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarfs disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
To Kill A Mockingbird (1962): Lawyering In An Unjust Society, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber
Legal, Strategic Or Legal Strategy: Deciding To Decide During The Civil War And Reconstruction, Mark A. Graber
Faculty Scholarship
No abstract provided.
Renewing The Temporary Provisions Of The Voting Rights Act: Legislative Options After Lulac V. Perry, Sherrilyn A. Ifill
Renewing The Temporary Provisions Of The Voting Rights Act: Legislative Options After Lulac V. Perry, Sherrilyn A. Ifill
Congressional Testimony
No abstract provided.