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Law and Race Commons

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Civil Rights and Discrimination

University of Michigan Law School

Michigan Law Review

Journal

1965

Racism

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Full-Text Articles in Law and Race

Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen Mar 1965

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.