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Articles 1 - 8 of 8

Full-Text Articles in Law

Administrative Coordination In Civil Rights Enforcement: A Regional Approach, Charles M. Lamb May 1978

Administrative Coordination In Civil Rights Enforcement: A Regional Approach, Charles M. Lamb

Vanderbilt Law Review

The failure of traditional coordinative efforts among federal agencies suggests that new and different approaches are imperative. This Article has emphasized a regional approach for solving these problems. Experience has shown that even well-intentioned and capable administrators in Washington cannot alone ensure compliance with the federal civil rights laws. They must have the full support of key regional officials of the federal government, and they must have a certain degree of cooperation from state and local officials. One means of gaining this support and assistance is through the Councils, which bring together in one forum high-level federal, state, and local …


The Old Order Changeth, Theodore A. Smedley May 1978

The Old Order Changeth, Theodore A. Smedley

Vanderbilt Law Review

The publication of this Symposium in 1978 marks the tenth anniversary of the final publication of the Race Relations Law Reporter. The timing of the Symposium is particularly appropriate for another reason as well. In 1968, the National Advisory Commission on Civil Disorder, commonly known as the Kerner Commission,issued a report that had been requested by President Lyndon B.Johnson in July 1967. The Commission, which was to investigate the underlying causes of the riots that plagued America's larger cities during the 1960's, offered the pessimistic conclusion that "Our Nation is moving toward two societies, one black, one white-separate and unequal." …


Theodore A. Smedley And The Race Relations Law Reporter, Paul H. Sanders May 1978

Theodore A. Smedley And The Race Relations Law Reporter, Paul H. Sanders

Vanderbilt Law Review

Beginning in 1959, Ted Smedley served with personal distinction and national recognition as Director of the Race Relations Law Reporter and as Director and Editor of the successor publications,the Race Relations Law Survey and the Race Relations Law Index. Professor Smedley, who joined the Board of Editors of the Race Relations Law Reporter in the fall of 1957 as one of three Associate Directors, engaged in editorial activities in this dynamic and sensitive area over a seventeen-year period, an era marked by tremendous ferment and revolutionary change. The quality of his work is evident in the words published within the …


Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds May 1978

Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds

Vanderbilt Law Review

This Article provides a summary view of the desegregation of the Boston public schools. Some aspects of teaching and learning in the Boston schools clearly have improved as a direct consequence of Boston's desegregation, while others seem little affected. Teaching and learning are mentioned at the outset because later discussion will establish that black Bostonians seek desegregation as part of their larger and more general quest for improved schooling for their children.' The success or failure of desegregation therefore may fairly be judged partly on the basis of its effect upon the quality of schooling made available to black children. …


A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton May 1978

A Comparative Review Of Public And Private Enforcement Of Title Vii Of The Civil Rights Act Of 1964, Robert Belton

Vanderbilt Law Review

The efforts of the EEOC, the Department of Justice, and other federal and state agencies during the first decade of enforcement have been the subject of a great deal of commentary and review. Much of this commentary has been critical. Private enforcement of Title VII has produced the major legal developments, but these efforts have received little attention in the literature. This Article therefore will present a comparative review of governmental and private enforcement efforts under Title VII. A brief overview of the historical efforts to eliminate employment discrimination prior to Title VII is necessary to place private enforcement efforts …


Civil Rights And Race Relations, Law Review Editor May 1978

Civil Rights And Race Relations, Law Review Editor

Vanderbilt Law Review

This Symposium honors both Professor Theodore A. Smedley and the publication he served as director, the Race Relations Law Reporter. As Professor Smedley's own introductory remarks point out, the publication of this Symposium in 1978 is particularly appropriate. First, it marks the tenth anniversary of the final issue of the Reporter, a journal whose importance and usefulness to the civil rights field is well known to all who have been active in the area. In publishing this Symposium, Vanderbilt Law School continues an important tradition in which Professor Smedley has played a major role.


Title Vii - Seniority - The Relevant Scope Of Inquiry For Determining The Legality Of A Seniority System, James D. Spratt, Jr. Jan 1978

Title Vii - Seniority - The Relevant Scope Of Inquiry For Determining The Legality Of A Seniority System, James D. Spratt, Jr.

Vanderbilt Law Review

Title VII of the Civil Rights Act of 1964, which became effective on July 2, 1965, was enacted to eliminate artificial barriers to employment that historically have deprived minorities and women of employment opportunities. Section 703 of the Act thus makes discrimination on the basis of race, color, religion, sex, or national origin an unlawful employment practice. In order to obtain relief from a discriminatory employment practice, an aggrieved party must demonstrate that the defendant intentionally engaged in the unlawful practice. Because the broad language of sections 703(a), 703(c), and 706(g) fails to define the terms "discriminate" and"intentionally," the effectiveness …


The Expansion Of Federal Jurisdiction And The Crisis In The Courts, Harry Phillips Jan 1978

The Expansion Of Federal Jurisdiction And The Crisis In The Courts, Harry Phillips

Vanderbilt Law Review

Diversity jurisdiction has undergone intensive scrutiny and criticism for many years, with some commentators advocating repeal, and others urging retention. Among the critics of diversity jurisdiction are some of the legal profession's most prominent members. Roscoe Pound, Louis D. Brandeis, and Charles William Eliot were members of a committee that questioned diversity jurisdiction as long ago as 1914, and Senator George W. Norris of Nebraska led the Senate Judiciary Committee in recommending repeal of diversity jurisdiction in 1928. In 1954, Associate Justice Felix Frankfurter, an ardent foe of diversity jurisdiction, referred to "the mounting mischief inflicted on the federal judicial …