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Civil Rights and Discrimination

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McGeorge School of Law Scholarly Articles

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Public Accommodations And The Civil Rights Act Of 1964: A Surprising Success?, Brian K. Landsberg Jan 2015

Public Accommodations And The Civil Rights Act Of 1964: A Surprising Success?, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

When the Civil Rights Act of 1964 became law the Johnson Administration had ample reason to worry that Title II of the Act, forbidding racial discrimination in public accommodations, would meet widespread, even violent resistance in the Deep South. The Supreme Court upheld Title II’s constitutionality, based on the Commerce Clause of the Constitution. Despite pockets of resistance, within a few years of the passage of the Act, racial discrimination in public accommodations had become the exception, not the rule. While some problems remain, Title II has, on the whole, been remarkably successful. The melting of resistance to Title II …


Enforcing Desegregation: A Case Study Of Federal District Court Power And Social Change In Macon County Alabama, Brian K. Landsberg Jan 2014

Enforcing Desegregation: A Case Study Of Federal District Court Power And Social Change In Macon County Alabama, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

This case study of Lee v. Macon County Board of Education demonstrates that a federal district court in Alabama, enforcing Brown v. Board of Education, brought about significant social change despite constraints on the courts. The court’s application of Brown played a decisive role in ending the racial caste system in this Alabama black belt county. The court, by adding the United States Department of Justice as a party, overcame constraints that had precluded the executive branch from pursuing school desegregation. Change came through the courts before Congress legislated against school segregation. Seekers of social change must evaluate the …


Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine Jan 2013

Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine

McGeorge School of Law Scholarly Articles

No abstract provided.


Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon Jan 2007

Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon

McGeorge School of Law Scholarly Articles

No abstract provided.


Sumter County, Alabama And The Origins Of The Voting Rights Act, Brian K. Landsberg Jan 2003

Sumter County, Alabama And The Origins Of The Voting Rights Act, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


Introduction To Civil Rights Symposium , Brian K. Landsberg Jan 1999

Introduction To Civil Rights Symposium , Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


The Federal Government And The Promise Of Brown, Brian K. Landsberg Jan 1995

The Federal Government And The Promise Of Brown, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …


Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg Jan 1993

Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


Moving Toward Equal Treatment Of Homosexuals, John Cary Sims Jan 1992

Moving Toward Equal Treatment Of Homosexuals, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.


Race And The Rehnquist Court, Brian K. Landsberg Jan 1992

Race And The Rehnquist Court, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.