Law Commons^™

Order And Civil Liberties: A Complex Role For The Police, George Edwards

Michigan Law Review

The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …

Civil Disobedience V. The Rule Of Law, Lewis F. Powell Jr.

Powell Speeches

Lecture at Union Theological Seminary, Richmond, Virginia

State Board Against Discrimination: Order To Hire As An Authorized Remedy, Anon

Washington Law Review

The Washington State Board Against Discrimination processed a complaint filed by Mrs. Geraldine Arnett charging defendant hospital with refusing to accept her application for employment as tray girl because of her Negro race. Investigation by the board substantiated Mrs. Arnett's charge of racial discrimination, but informal negotiation between the board and defendant failed to yield a satisfactory solution. The board then held a formal hearing, found defendant in violation of the Law Against Discrimination, and ordered it to accept Mrs. Arnett's application and offer her employment in the first vacant position for tray girl, providing she met the standard qualification …

State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell

Washington Law Review

This article purports to investigate state legislation which prohibits discrimination in public accommodations and some of the more important administrative efforts which have been undertaken to implement these statutes. More specifically, the article attempts to: (1) summarize legislation currently in effect which prohibits discrimination in public accommodations; (2) investigate litigation, which has contested public accommodations statutes in order to determine whether the statutes threaten wider and more fundamental liberties; and (3) review some of the main activities of anti-discrimination commissions—agencies which have undertaken to execute or apply public accommodation laws.

Diversity Jurisdiction: A Symposium

Indiana Law Journal

No abstract provided.

Appendix: Statistical Analyses Of Diversity Jurisdiction

Indiana Law Journal

No abstract provided.

The Effect Of Diversity Jurisdiction On State Litigation

Indiana Law Journal

No abstract provided.

The Operation Of Federalism In Diversity Jurisdiction: Erie's Constitutional Basis

Indiana Law Journal

No abstract provided.

The Ascertainment Of State Law In Diversity Cases

Indiana Law Journal

No abstract provided.

Racial Imbalance In The Public Schools: Constitutional Dimensions And Judicial Response, David B. King

Vanderbilt Law Review

Eleven years after the decision of the Supreme Court in the School Segregation Cases, white and Negro children remain separated in many school systems throughout the nation. In the South this racial separation has been persistently fostered by both school and public officials. Since the rationale of the School Segregation Cases to the effect that official policy requiring separation on the basis of race is prohibited, this racial separation in the South, commonly known as segregation, is clearly illegal. Separation of the races in the school systems of the North and West has resulted both from devious types of racially …

The Experience Of State Fair Employment Commissions: A Comparative Study, Arnold H. Sutin

Vanderbilt Law Review

Passage of the new federal civil rights law in 1964 might have been expected to decrease the importance of the state fair employment practices (FEP) laws. Congress, however, chose not merely to permit these laws to continue in force to deal with purely local problems,but went further to entrust the primary administration of title VII, the federal fair employment statute, to state agencies where they exist. Thus the experience of these state agencies is of even greater importance now than formerly, for they will perform the day to day work of carrying out our nation's policy to prohibit discrimination in …

Constitutional Law -- 1964 Tennessee Survey, James C. Kirby, Jr.

Vanderbilt Law Review

The prosecutions in McKinnie v. State, arose from "sit-in" demonstrations by which a group of Negroes attempted to obtain service at a privately operated cafeteria in Nashville. The passage of the Civil Rights Act of 1964 has since been held by the United States Supreme Court to abate these particular prosecutions and the prospective application of its public accommodations provisions makes it unlikely that their facts will recur.

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

Civil Rights--Removal Of Cause, Robert Willis Walker

West Virginia Law Review

No abstract provided.

Unfair Representation As An Unfair Labor Practice, Michigan Law Review

Michigan Law Review

In its 1962 Miranda Fuel Co. decision, the National Labor Relations Board formulated a novel doctrine whereby it acquired jurisdiction over unfair representation complaints filed by union members in good standing on the theory that a union which fails to represent all of its members fairly commits unfair labor practices in violation of sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act. Formerly, unfair representation complaints filed by union members had been cognizable only by the courts, since unfair representation was not considered an unfair labor practice and, consequently, was outside the jurisdiction of the NLRB.

Freezing Voter Qualifications To Aid Negro Registration, Michigan Law Review

Michigan Law Review

The literacy test, used by many states in determining the qualifications of voters, has proved to be a major obstacle to the elimination of voter discrimination based on racial characteristics. Under recently enacted statutory provisions, citizens who attempt to register to vote in certain states are faced with test questions of such difficulty that it is virtually impossible to answer them satisfactorily. Where there is permanent voter registration, the effect is to secure a position of political dominance for those registered prior to the institution of the tests. In those states in which individuals had been denied registration by prior …

Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen

Michigan Law Review

Classification along racial lines, when involving state action, is unconstitutional. Such classification may violate the due process or equal protection clause of the fourteenth amendment or the fifteenth amendment, and it has been held invalid in the fields of education, transportation, voting, recreational facilities, ownership and use of real property, and jury selection.

Racial And Civil Disorders In St. Augustine; Report Of The Legislative Investigation Committee., Legislative Investigation Committee.

Books

A report on Race relations and civil disorders in St. Augustine in February, 1965. PALMM

De-Facto Segregation, Paul Auster

William & Mary Law Review

No abstract provided.

Flyer: Naacp List Of Grievances.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

NAACP list of exclusionary and segregationist grievances. Circa 1957-1965. Folder 2

United States V. Mississippi (P. 710-1275), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

Factual basis for allegation that since 1890 Mississippi has maintained and promoted white political supremacy and a racially segregated society; sections are divided both by the methods and by county and focus exclusively on voting; includes experiences of African Americans who tried to vote in Mississippi prior to 1955 followed by specific instances between 1955 and 1963 when African Americans were denied voting privileges because they did not interpret the Constitution to the satisfaction of the registrar; includes examples of voting applications by white registrants with unreasonable interpretations of the state constitution.

United States V. Mississippi (P. 607-614), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

The factual basis for the assertion that the 1960 amendment to the 1890 Mississippi Constitution (any person registering to vote after the effective date of the law should be of good moral character) was designed to prevent African Americans from voting while exempting white citizens from the requirement.

United States V. Mississippi (P. 615-622), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

Purpose of six acts of the 1962 Mississippi legislature designed to deter, prevent, delay and harass African American efforts to vote and to facilitate discrimination against African Americans.

United States V. Mississippi (P. 528-556), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

The basis for the allegation that the purpose of the 1890 Mississippi Constitution was to restrict African American franchise.

United States V. Mississippi (P. 563-596), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

The factual basis for assertions that between 1899 and 1952 African Americans were not allowed to vote, that literate African Americans were required to interpret sections of the Mississippi constitution, and that African Americans were excluded from Democratic primary elections.

United States V. Mississippi (P. 389-527), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

Statistical analysis of census, registration, and voting data in Mississippi with regards to race between 1890 and 1962.

First Class Municipality--Adequate Police Power To Enact A Penal Civil Rights Ordinance, Fred G. Karem

Kentucky Law Journal

No abstract provided.

Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley

Cleveland State Law Review

To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.

The Poll Tax: Its Impact On Racial Suffrage, John Lackey

Kentucky Law Journal

No abstract provided.