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Articles 1381 - 1395 of 1395
Full-Text Articles in Law
The Association And The Desegregation Controversy, Ralph F. Fuchs
The Association And The Desegregation Controversy, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne
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
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
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 …
Civil Rights: A New Public Accommodations Law For Ohio, William W. Van Alstyne
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.
A Critique Of The Ohio Public Accommodations Laws, William W. Van Alstyne
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
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 …
Discrimination Against Minorities In The Federal Housing Programs
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.
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
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?
Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant
Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant
Indiana Law Journal
Recent Cases: Juries
Book Review. Discrimination By Railroads And Other Public Utilities By I. Beverly Lake, Ivan C. Rutledge
Book Review. Discrimination By Railroads And Other Public Utilities By I. Beverly Lake, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Schools-Race Segregation-Constitutional Law
Constitutional Law -- Equal Protection Clause -- Discrimination, Fowler V. Harper
Constitutional Law -- Equal Protection Clause -- Discrimination, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Race Segregation Ordinance Invalid, Henry M. Bates
Race Segregation Ordinance Invalid, Henry M. Bates
Articles
The opinion in Buchanan v. Warley reflects the confusion and difficulty of that troublesome problem, the place of the negro race in the United States, with which the case and the segregation ordinance of Louisville discussed therein are essentially concerned. The decision by a unanimous court reverses the holding of the Kentucky Court of Appeals, and declares that the ordinance violates the Fourteenth Amendment. This result is reached by one of those anomalous and objectionable devices which characterize our methods of solving fundamental constitutional questions. The case arose upon a bill for specific performance of a contract, whereby the plaintiff, …