Civil Rights and Discrimination Commons^™

Dr. King And The Battle For Hearts And Minds, Wendy B. Scott

Faculty Scholarship

In 1954, a unanimous Supreme Court held that laws requiring dual public school systems, separated solely on the basis of race, violated the rights afforded to African American children under the Fourteenth Amendment Equal Protection and Due Process clauses. Brown v. Board of Education marked the beginning of a judicial assault on what the Court in Loving v. Virginia called statutory schemes and state court decisions that served as “an endorsement of the doctrine of White Supremacy.” Both Chief Justice Earl Warren and Dr. King recognized that the practice of White Supremacy did more than keep people separated. In Brown, …

Outsider Citizens: Film Narratives About The Internment Of Japanese Americans, Taunya Lovell Banks

Faculty Scholarship

This article examines the conflicting film narratives about the internment from 1942 through 2007. It argues that while later film narratives, especially documentaries, counter early government film narratives justifying the internment, these counter-narratives have their own damaging hegemony. Whereas earlier commercial films tell the internment story through the eyes of sympathetic whites, using a conventional civil rights template … Japanese and other Asian American documentary filmmakers construct their Japanese characters as model minorities — hyper-citizens, super patriots. Further, the internment experience remains largely a male story. With the exception of Emiko Omori’s documentary film memoir, Rabbit in the Moon (2004), …

Equality And Sorority During The Decade After Brown, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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

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

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

Faculty Scholarship

No abstract provided.

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

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The New Sex Discrimination: Family Responsibilities, Cynthia Thomas Calvert

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

A Cautionary Tale: The Obama Coalition, Anti-Subordination Principles And Proposition 8, Jennifer Holladay, Catherine Smith

Scholarly Articles

In his journey to the White House, Barack Obama demonstrated that he could be, in the words of Dr. King, not merely "a searcher for consensus but a molder of consensus," creating a coalition that called us to "look after not only ourselves but each other."

To be sure, Obama's coalition is an imperfect one. Proposition 8's passage reminds us that we still fall too readily into the categories of "us and them"--categories in which subjugated groups fight against each other, rather than alongside each other.

Still, Obama has set us on a new path in America's long journey toward …

The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout

Faculty Working Papers

In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …

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

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Parents Involved In Community School V. Seattle School District No. I.: An Endorsement Of De Facto Segregation?, Edward C. Combs, Jr.

Barry Law Review

No abstract provided.

Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman

Faculty Publications

No abstract provided.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

Faculty Publications

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.

Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury

Faculty Publications

This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …

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.

Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, & Pauline T. Kim, Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, 13 Emp. Rts. & Emply. Pol'y J. 159 (2009)., Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, Catherine L. Fisk, Pauline T. Kim

Sturm College of Law: Faculty Scholarship

The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …

Toward An Integrated Disparate Treatment And Accommodation Framework For Title Vii Religion Cases, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article proposes that courts follow a new, integrated disparate treatment and accommodation framework for all Title VII religion claims. The integrated framework requires employees to show: (1) the employee had a sincerely held religious belief or practice that may or may not have conflicted with a work requirement; (2) the employer knew of the employee's belief; and (3) the employee was subjected to an adverse employment action. The burden would then shift to the employer to show (1) the employer was neutral, and not intentionally biased toward employee's religion in the workplace, by articulating its reasons for acting, which …

Torch (January 2009), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg

Fordham Urban Law Journal

People with disabilities are all too well represented in America’s prisons and are frequently not provided with the accommodations necessary to ensure their full participation in prison life. The Supreme Court’s 1997 pronouncement that Title II of the ADA applies to their claims of failure to accommodate and disability-based discrimination has been making its way through the prison grapevine (and hopefully the prison law libraries) over the last dozen years, inspiring prisoners, their advocates and the federal government to use this broad civil rights statute to enforce these rights. Their efforts have been thwarted to some extent by the states’ …

Burning Shoes And The Spirit World: The Charade Of Neutrality, Frank H. Wu

Faculty Scholarship

No abstract provided.

The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche

American University International Law Review

No abstract provided.

Transitioning Our Prisons Toward Affirmative Law: Examining The Impact Of Gender Classification Policies On U.S. Transgender Prisoners, Richael Faithful

The Modern American

No abstract provided.

Ain’T No Peace Until We Get A Piece: Exploring The Justiciability And Potential Mechanisms Of Reparations For American Blacks Through United States Law, Specific Modes Of International Law, And The Covenant For The Elimination Of All Forms Of Racial Discrimination, Dekera Greene

The Modern American

No abstract provided.

Cutt Ing Funds For Oral Contracept Ives: Violation Of Equal Protection Rights And The Disparate Impact On Women’S Healt Hcare, Rachel V. Rose

The Modern American

No abstract provided.

Jones V. Bennet: The Bifurcated Legal Status Of Early Nineteenth Century Free Blacks In Kentucky, Alexander J. Chenault

The Modern American

No abstract provided.