Digital Commons Network^™

Constitutional Law, Huger Sinkler, Theodore B. Guerard

South Carolina Law Review

No abstract provided.

Equal Protection And Discrimination In Public Accommodations

Fordham Law Review

No abstract provided.

Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel

Articles

Of the many problems left unanswered in Baker v. Carr,' the one that has received the most attention both from lower courts and commentators is that of prescribing a specific standard for determining what constitutes a denial of "equal protection" in legislative apportionment.2 The starting point universally accepted - indeed, probably required by Baker - for attacking this problem is the definition of apportionment equality in terms of mathematical measurement of the individual's "voting power."3 Perfect equality in apportionment is viewed as requiring that each election district contain an equal population, so that every individual's vote in his district will …

Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson

Law Faculty Scholarly Articles

In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.

Apart from the legal implications and …

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Scholarship

Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Publications

This analysis of Mr. Justice Douglas’ concurrence in Garner v. Louisiana pays special attention to the lip service Justice Douglas pays to the state action requirement while never fully addressing such an issue.

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

On Charting A Course Through The Mathematical Quagmire: The Future Of Baker V. Carr, Jerold H. Israel

Articles

The Tennessee reapportionment decision, Baker v. Carr,' has been popularly characterized as one of the "very few judicial decisions which have fundamentally reshaped our constitutional system."'2 Newspaper and magazine commentators generally have predicted that the decision of last March is likely to "change the course of our history" by producing a drastic alteration in the balance of power on the state political scene.3 While this end may be desirable,4 any such estimate of the future impact of the Baker decision, at least insofar as its legal consequence is concerned,5 seems not only premature but somewhat exaggerated. The future significance of …

The Association And The Desegregation Controversy, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Civil Rights: A New Public Accommodations Law For Ohio, William W. Van Alstyne

Faculty Publications

Building off the examination conducted in 'A Critique of the Ohio Public Accommodations Laws', this treatment addresses the 1961 amendments to the Ohio Public Accommodations Laws and anticipates unresolved problems the Civil Rights commission must confront.

State Involvement In Private Discrimination Under The Fourteenth Amendment, James L. Dennis

Louisiana Law Review

No abstract provided.

A Critique Of The Ohio Public Accommodations Laws, William W. Van Alstyne

Faculty Publications

This comment addresses the deficiencies of the Ohio Public Accommodations Laws. This treatment addresses who is protected and burdened by the laws, the forbidden forms of discrimination, available remedies, and the significance of section 2901.36 of the Ohio Revised Code.

Constitutional Law- State Action And The Equal Protection Clause - Status Of Lessee Of Public Property, Stephen Bard

Michigan Law Review

Defendant Wilmington Parking Authority was a tax-exempt state agency organized under the Delaware Parking Authority Act to build and operate a public off-street parking facility. Financing of the project was accomplished primarily by the issuance of self-liquidating bonds, but fifteen percent of the necessary capital was advanced by the City of Wilmington from its public funds. The state agency had statutory authority to lease space in the facility for private commercial uses, but only to the extent that the rentals thereby obtained were needed to meet the state requirement that the facility be self-supporting. In accordance with this authority space …

Racial Discrimination In Union Membership, Henry J. Prominski

University of Miami Law Review

No abstract provided.

A Study Of Rule 35 Of The Federal Rules Of Civil Procedure, Kermit S. King

South Carolina Law Review

No abstract provided.

The Vanguard (Vol. 5, No. 2), Feb-Mar 1958, Lutheran Human Relations Association Of America

The Vanguard

A meeting of "Southern church leaders" was to be held in one of our large Southern cities "to discuss our present racial tensions in the South and to inquire whether or not there is anything we can do to help in the present crisis." Though living in Valparaiso, Indiana, and with my roots deep in Northern soil, I was nevertheless invited. And I am glad that I accepted the invitation and attended the meeting.

Right To Work, A Decade Of Development, William F. Swindler

Faculty Publications

No abstract provided.

Discrimination Against Minorities In The Federal Housing Programs

Indiana Law Journal

No abstract provided.

Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed.

Michigan Law Review

The Jaybird Democratic Association was formed in Fort Bend County, Texas, in 1889. Membership was open to all white voters in the county. The association was not governed by the state statute regulating political parties. Candidates nominated by the Jaybird Party entered the Democratic county primary as individuals, not as Jaybird candidates, but those candidates won both the Democratic primary and the general election with only one exception in the entire history of the Jaybird Party. Terry, a Negro, sought a declaratory judgment and injunction permitting Negroes to vote in the Jaybird primary. The federal district court ruled that the …

A Note On Racial Restrictions, William R. Kinney

Cleveland State Law Review

In view of the holding in the Shelley case, can the grantor in a deed have recourse to the courts to enforce a stipulated penalty contained in a discriminatory racial covenant (such as payment of damages or forfeiture of title) if the enforcement of such penalty does not directly involve the constitutional rights of third persons?

Report Of The Second Meeting Of The Fort Berthold Inter-Agency Committee, December 7, 1951, R. W. Quinn

Usher Burdick Papers

This report of the of the second meeting of the Fort Berthold Inter-Agency committee, dated December 7, 1951, was recorded by Secretary of the Committee R. W. Quinn. The focus of the meeting was discussion of the Fort Berthold Medical Program. The report includes some question and answer sections as well as some statements and discussion by meeting attendees. The last page of the report is a list of names, presumably of those who attended the meeting.

The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier

Michigan Law Review

Recent cases in which the Court has overthrown enforced separation in public higher education on the ground of inequality but without consideration of the merits of the separate but equal rule have been the occasion for an outpouring of law review discussion on the subject. The present paper is a part of this stream. Its purpose is two-fold: first, to set forth the judicial history of the modern separate but equal rule, noting its pre-Fourteenth Amendment origin and the rather uncritical manner in which courts permitted it to infiltrate its way from one area of the law to another; and …

Taxation -- Equal Protection -- Discrimination Against Foreign Corporations

University of Miami Law Review

No abstract provided.

Post Office -- Discrimination In Postal Service Found Where Service Cut In Only One Of Two Contiguous Communities

University of Miami Law Review

No abstract provided.

Segregation In Schools Of Higher Learning, Walter B. Vehaun

South Carolina Law Review

No abstract provided.

Constitutional Law -- Systematic Exclusion Of Negroes From Grand Juries -- Sufficiency Of Evidence For Prima Facie Case

University of Miami Law Review

No abstract provided.

Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin

Michigan Law Review

Petitioner was found guilty of violating the Harrison Narcotics Act in the Federal District Court for the District of Columbia by a jury composed wholly of federal employees. During the course of voir dire examination, petitioner moved to strike the entire panel, asserting that it did not represent a proper cross-section of the community. This motion was denied. Petitioner exhausted his ten peremptory challenges, and, upon finding that only government employees remained on the jury, then challenged the jury as impaneled for cause. The challenge was overruled. Conviction was affirmed by the circuit court of appeals. On certiorari to the …

Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant

Indiana Law Journal

Recent Cases: Juries

Discriminatory Patterns In Community Health Services, W. Montague Cobb

Department of Sociology and Anthropology Faculty Publications

No abstract provided.

Discriminatory Patterns In Community Health Services, W. Montague Cobb

Faculty Reprints

No abstract provided.