Civil Rights and Discrimination Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Federal Criminal Code Protects Rights Secured by Fourteenth Amendment

==========================

Civil Rights--Removal--Strict Interpretation of Federal Removal Statute Affirmed

===========================

Labor Law--Judicial Review of Arbitrator's Authority To Imply Contractual Condition

===========================

Labor Relations--Federal Preemption of Defamation Suits Arising in Course of Organizational Campaign

===========================

State and Local Taxation--Economic Exploitation Sufficient Connection To Require Non-Resident Seller To Collect Use Tax

Limitations On The Right To Demonstrate, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Evans V. Newton: An Uncertain Line, Frederic H. Bertrand

William & Mary Law Review

No abstract provided.

Miscegenation: The Courts And The Constitution, Cyrus E. Phillips Iv

William & Mary Law Review

No abstract provided.

Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon

Washington Law Review

The California Legislature did not attempt to prevent property owners from selecting buyers or tenants on the basis of racial considerations until 1959. Then, by enacting the Hawkins Act and the Unruh Civil Rights Act, the legislature chose to regulate racial discrimination in all business establishments including those involving the selling or renting of residential property and in all publicly assisted housing. Three years later, by enacting the Rumford Fair Housing Act, the legislature extended the regulation of discriminatory conduct to owners of most, but not all, residential property. Plaintiffs alleged that, contrary to the express provisions of the Unruh …

The Disordered Society, Lewis F. Powell Jr.

Powell Speeches

Powell delivered this speech before the Virginia Manufacturers Association in Williamsburg, Virginia. The Association printed a version of the speech in pamphlet form under the title, "Building Respect For Law and Order: The Foundation of Our Society at Stake."

Program: Naacp Freedom Banquet And Biography Of Speaker Charles Evers

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Freedom Banquet held on Friday, September 2, 1966. Charles Evers, brother of Medgar Evers was the keynote speaker.

A Lawyer Looks At Civil Disobedience, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.

The University And The Liberty Of Its Students -- A Fiduciary Theory, Alvin L. Goldman

Law Faculty Scholarly Articles

The disciplinary power of a university is a force which every student has cause to fear. The exercise, or threat of exercise, of a school’s disciplinary power is felt in every area of campus life. Invocation of disciplinary sanctions against a student whose personal conduct or attitudes contravene standards dear to the school authorities has occurred in such ludicrous cases as the failure of a co-ed to be a “typical Syracuse girl.” In another case, a student was expelled because she refused to pay purported debts which she asserted were properly her husband’s obligations. As insidious as it may be …

Civil Rights Crimes And The Federal Power To Punish Private Individuals For Interference With Federally Secured Rights, Howard M. Feuerstein

Vanderbilt Law Review

Participants in the current civil rights movement in the South have been subjected to countless acts of violence and intimidation committed by private individuals acting either on their own or as part of racist organizations. As a result of such acts of violence, new legislation has been introduced in Congress.' Yet, the federal system historically has placed strict limitations on the power of the national government to deal with the acts of private individuals. The time is therefore ripe for a re-examination of these limitations. In so doing,this article deals with acts of private individuals in the technical sense of …

Nondiscrimination Implications Of Federal Involvement In Housing, Jerome B. Ullman

Vanderbilt Law Review

Government enforcement of equal opportunity in all housing, or in all housing connected with the various federal programs discussed in this note, would virtually eliminate the present fear among many whites that the presence of Negroes in the community hurts property values. Even if there were any basis to such a fear, the fact that Negroes had an easily enforceable right to purchase property in all neighborhoods would tend to prevent such price devaluation since the actual presence of Negroes in more and more areas would eventually make all white neighborhoods non-existent. Moreover,the fact that all, or the vast majority …

Civil Rights--Applications Of Judicial Immunity And Volenti Non Fit Injuria, Forrest Hansbury Roles

West Virginia Law Review

No abstract provided.

Federal Courts--Prosecution Of Officers Under The Civil Rights Act, Hazel Armneta Straub

West Virginia Law Review

No abstract provided.

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …

The Public Housing Administration And Discrimination In Federally Assisted Low-Rent Housing, Jordan D. Luttrell

Michigan Law Review

The Public Housing Administration is the federal agency primarily responsible for the administration of the federally assisted low-rent housing program. Since the expense of constructing low-rent housing unassisted by federal funds is prohibitive for state or local governments, this program accounts for practically all low-rent housing in the United States. Consequently, PHA has exercised, and continues to exercise, substantial influence on the development of the nation's low-rent housing.

Fair Housing Laws And Brokers' Defamation Suits: The New York Experience, Michigan Law Review

Michigan Law Review

The New York Law Against Discrimination, originally enacted in 1945 to eliminate discrimination in employment because of race, creed, color, or national origin, has been steadily broadened to encompass discrimination in such areas as public accommodations and private housing. The law was amended in 1961 and 1963 to enable the State Commission for Human Rights to prevent. discrimination by either the owner or the real estate broker in the selling, renting, or leasing of any housing accommodation or commercial space. Despite the apparently broad protection established by the sweeping language of the statute, real estate brokers have discovered a novel …

Discrimination In The Hiring And Assignment Of Teachers In Public School Systems, Michigan Law Review

Michigan Law Review

In the Brown v. Board of Education decisions of 1954 and 1955, the United States Supreme Court made it clear that separate public school facilities for pupils of different races are inherently unequal and constitute a denial of the equal protection of the laws. While it was not altogether clear from the language of the opinions whether segregated faculties in public schools are also unconstitutional, subsequent lower court decisions have held that racial discrimination in the selection and assignment of teachers is forbidden.

The Case For A Broader Right Of Privacy In Virginia, G. Curtis Overman Jr.

William & Mary Law Review

No abstract provided.

The Gaines Case: Its Background And Influence On The University Of Missouri And Lincoln University, 1936-1950, Robert Mclaran Sawyer

Books Related to Race and Education in Missouri

Dissertation by Dr. Sawyer written in 1966 in support of his doctoral degree from the University of Missouri exploring the Gaines case and the effects on education in Missouri. Digital copy is derived from print copy held in the University of Missouri Library Depository.

The Unconquerable Prejudice Of Caste - Civil Rights In Early Pennsylvania, Eric W. Springer

Duquesne Law Review

The history of the Negro in the United States can be traced in a study of legal pronouncements. Uniquely, among the various nationality and ethnic groups which constitute America, the Negroes' history is found in legislative enactments and judicial decisions. From servitude to citizenship the story of the Negro is found in the law. To understand that story requires more than a mere reading of the law: one must understand its inconsistencies, its contradictions, its paradoxes, its ironies, its tragic and its comic face, its cruel and its self-destructive forces. One must understand its denial of, and quest for, humanity

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley

Cleveland State Law Review

Commitment to a mental institution by itself does not, in all states, suspend civil rights. The court psychiatric unit is an early outpost of a preventive, coordinative venture which gives, at long last, practical humane expression to protection of and consideration for the civil rights of the mentally ill adult involuntary patient whose condition obstructs his capacity to demand such safeguards himself. Persons suffering from mental disorders are frequently too disabled to claim their civil rights themselves.

Book Review, Elliott A. Cohen

Cleveland State Law Review

Reviewing Vern Countryman, ed., Discrimination and the Law, University of Chicago Press, 1965

Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review

Michigan Law Review

Plaintiff, a citizen of Oberlin, Ohio, brought an action for declaratory and injunctive relief to review the constitutionality of the city's fair housing ordinance, which makes it a misdemeanor to discriminate because of race, creed, or color in the sale or rental of housing. Under the procedure established by the ordinance, the Housing Renewal Commission is directed to make investigations of complaints filed with it. If violations are discovered, the commission must attempt to eliminate the discriminatory practices by conciliation and persuasion. If these efforts fail, the entire record of the matter must be forwarded to the city council, accompanied …

Damages For Mental Suffering In Discrimination Cases, John E. Duda

Cleveland State Law Review

This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

The Right Of Protest And Civil Disobedience, Harrop A. Freeman

Indiana Law Journal

No abstract provided.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Federal Public-Accommodations Law: A Dissent, Charles E. Rice

Journal Articles

Discrimination in public accommodations presents the most appealing case for compulsory civil-rights legislation. In practical terms, the Civil Rights Act of 1964 has eliminated much of the existing segregation in public accommodations, and, with continued enforcement, the job should be soon completed even in the most hostile areas of the South. The public-accommodations problem, therefore, is no longer a live issue. It is useful, however, to touch upon it, for those who would restrain federal power are often challenged by the taunt, "What would you do about public accommodations? Would you leave it up to the states? How would you …

Voting Rights Act Of 1965: Some Dissenting Observations, Charles E. Rice

Journal Articles

On March 7, 1966, the Supreme Court of the United States, over the partial dissent of Mr. Justice Black, sustained the Voting Rights Act of 1965. In the mode of its adoption, the reach of its provisions, and the strength of the reactions it aroused, the act was extraordinary. And the decision which sustained it was no less so in its legitimation of expanded administrative power and in its effect upon the balance of federal and state powers. In order to assess the act, and incidentally the ruling which sustained it, it will be helpful to sketch the basic voting …