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Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott Feb 1962

Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott

Michigan Law Review

A substantial number of students at the Alabama State College for Negroes had been participating in peaceful demonstrations protesting racial segregation. The president of the college advised the students to return to their studies which were disrupted by these demonstrations, and personally warned three of the plaintiffs to discontinue their participation in the demonstrations. Nonetheless, further demonstrations ensued in which the plaintiffs took part. The State Board of Education then voted to expel the plaintiffs who were allegedly the leaders of the organization responsible for the demonstrations. The notices of expulsion mailed to the plaintiffs stated no reason for the …


Constitutional Law - Equal Protection - Racial Segregation Of Spectator Seating In Courtroom, Thomas W. Van Dyke Feb 1962

Constitutional Law - Equal Protection - Racial Segregation Of Spectator Seating In Courtroom, Thomas W. Van Dyke

Michigan Law Review

Defendant, judge of a municipal court in Virginia, assigned seating on the basis of race in that part of his courtroom reserved for spectators and for those awaiting the call of their business before the court. The same number of seats were provided for Negroes as for whites. There was no separation of the races in the area immediately before the bench nor was there any complaint of discrimination in the administration of justice. Plaintiffs are Negroes who have been required on more than one occasion to occupy seats in the spectator section on a racially-segregated basis. In a suit …


Constitutional Law - Equal Protection - Racial Discrimination And The Role Of The State, William C. Griffith S.Ed. May 1961

Constitutional Law - Equal Protection - Racial Discrimination And The Role Of The State, William C. Griffith S.Ed.

Michigan Law Review

Constitutional history from the 1857 Dred Scott decision to the 1954 Brown decision records "a movement from status to contract" for the American Negro. Although uncertainty clouds the definition of "state action," the civil rights of the Negro under the equal protection clause of the fourteenth amendment have been clearly established. The Negro citizen has arrived; the Negro minority group remains one of the gravest social problems of twentieth century America. De facto school segregation, limited economic opportunity, and inadequate housing are problems not solved by invocation of the fourteenth amendment or incantation of the Declaration of Independence. Solution, …


The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly Jun 1956

The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly

Michigan Law Review

Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …


Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck Jun 1956

Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck

Michigan Law Review

On May 19, 1954, the Supreme Court of the United States declared that segregation in public schools was a denial of equal protection of the law. Since that date many and varied plans have been proposed to maintain segregated education by avoiding the impact of the decision. The legality of three of these proposed avoidance devices will be analyzed in this comment.


Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed. Feb 1955

Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed.

Michigan Law Review

Three suits were brought to obtain injunctions to prevent racial segregation at public bathing beaches, bathhouses, and swimming pools. Because the cases raised the same legal issue they were consolidated for trial. The plaintiffs moved for judgment on the pleadings. Held, motion denied. The segregation of Negroes and whites at bathing beaches, bathhouses and swimming pools does not per se deny to Negroes any rights protected by the Fourteenth Amendment to the Federal Constitution. Lonesome v. Maxwell, (D.C. Md. 1954) 123 F. Supp. 193.


The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier Dec 1951

The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier

Michigan Law Review

Recent cases in which the Court has overthrown enforced separation in public higher education on the ground of inequality but without consideration of the merits of the separate but equal rule have been the occasion for an outpouring of law review discussion on the subject. The present paper is a part of this stream. Its purpose is two-fold: first, to set forth the judicial history of the modern separate but equal rule, noting its pre-Fourteenth Amendment origin and the rather uncritical manner in which courts permitted it to infiltrate its way from one area of the law to another; and …


Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed. Apr 1948

Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed.

Michigan Law Review

Appellant owns and operates two steamships for transportation of its patrons between Detroit and Bois Blanc Island, part of the Province of Ontario, Canada. The island is owned by appellant and operated as an amusement and recreation center for the people of Detroit. For refusal to transport a negro girl, appellant was prosecuted and convicted under the Michigan Civil Rights Act which provides that "All persons within the jurisdiction of this state shall be entitled to full and equal accommodations . . . facilities and privileges . . . of public conveyances on land and water . . . ," …


Constitutional Law - Equal Protection Of The Laws - Exclusion Of Negro From Law School Of State University, Fred C. Newman Feb 1939

Constitutional Law - Equal Protection Of The Laws - Exclusion Of Negro From Law School Of State University, Fred C. Newman

Michigan Law Review

Petitioner, a negro, was refused admission to the law school of the State University of Missouri solely upon the ground of his race. While the state of Missouri assumed to provide reasonable tuition fees for the legal education of negro residents of Missouri in other states and possibly contemplated providing opportunities for professional training for negroes within the state at some future date, it did not provide for any instruction in law for negroes within the state. The Supreme Court of Missouri affirmed the judgment of the circuit court quashing an alternative writ of mandamus and denying a peremptory writ …


Race Segregation Ordinance Invalid, Henry M. Bates Jan 1918

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, …