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Robert Lawrence Mcfadden Papers - Accession 58, Robert Lawrence Mcfadden

Manuscript Collection

The Robert Lawrence McFadden Papers consist of minutes, correspondence, reports, newspaper clippings, and financial records, relating to a wide range of topics and organizations, both at the state and York County level; including the York County Nature Museum, alcohol and drug abuse, the Catawba Regional Planning Council, the death penalty, public education, social services, Winthrop College and York Technical College, Catawba, South Carolina, Clover, South Carolina, Congaree Swamp, consumer protections, health care, Henry’s Knob, insurance, Jaycee Boys Home, judicial reform, dairy industry, Gov. John C. West, taxes, York County landfills, South Carolina wildlife, Equal Rights Amendment (ERA), Fort Mill, transportation, …

Constitutional Law - Civil Rights - Discrimination Against Blacks In Admissions To Private Schools Violates The Right To Contract Guaranteed By Section 1981, Susan M. Denbo

Villanova Law Review (1956 - )

No abstract provided.

A Prolegomena To Reviving The Civil Rights Act Of 1866: White Standing Under Section 1981 - A Federal Common Law Right To Contract, Allen E. Shoenberger

Loyola University Chicago Law Journal

No abstract provided.

Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp

Fordham Urban Law Journal

The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …

The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin

Cleveland State Law Review

In 1971 the United States Supreme Court held in Griffin v. Breckenridge that 42 U.S.C. § 1985(3) could be used against private citizens who conspired to deprive others of their civil rights. The Supreme Court found that Congress had originally intended for the statute to reach the actions of private citizens, and that Congress had the authority to reach such activity under the thirteenth amendment and the constitutionally protected right to travel. In so holding, however, the Court offered no indication of how future claims arising under the statute would be adjudicated in fact situations unlike the unique one encountered …

Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond

Fordham Urban Law Journal

Urban living has become inevitable for most Americans in central cities and government assistance has risen steadily to help the masses crowded in the urban complex. Legislation has been aimed at equalizing the opportunity for employment, decent housing, voting, education, basic social welfare, and a host of other concerns considered elemental for the fulfillment of the “American dream.” Until recently, the courts have been slow to act affirmatively to remedy the inequities related to the enforcement of such legislation. Recent cases suggest an attitude of benign complacency in the Supreme Court, allowing it to ignore critical socio-economic problems in the …

Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson

Fordham Urban Law Journal

Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy

Cleveland State Law Review

This note will focus upon three basic issues raised by the redlining controversy: first, whether or not redlining is in fact occurring; second, the role of government through legislation and regulatory agencies; third, emerging areas of litigation.

Front Pay--Prophylactic Relief Under Title Vii Of The Civil Rights Act Of 1964, Gregg N. Grimsley

Vanderbilt Law Review

This note will attempt to analyze the front pay award as it must exist within the general framework of section 706(g). After first defining the nature of the front pay award, this note will examine the interrelationship between back pay and the rightful place theory that creates the need for prospective relief. Next, the award shall be analyzed in light of both the legislative history of section 706(g)and the National Labor Relations Act, from which section 706(g) is copied. Finally, the cases that have addressed the issue shall be analyzed and the problems that will arise in the computation of …

Title Vii And 42 U.S.C. § 1981: Two Independent Solutions

University of Richmond Law Review

Two major vehicles for redressing private racial discrimination are Title VII and 42 U.S.C. § 1981. In 1968 the Supreme Court, in Jones v. Alfred H. Mayer Co., ruled that section 1 of the Civil Rights Act of 18662 applied to private acts of discrimination. The plaintiff in Jones sought relief against a private real estate company under 42 U.S.C. § 1982. The Court found that the substance of sections 1981 and 1982 was to be found in its predecessor, section 1 of the Civil Rights Act of 1866, which was intended "to prohibit all racially motivated deprivations of the …

Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act

University of Richmond Law Review

Prior to 1971 women found little relief in the courts for claims of sex discrimination. The Supreme Court upheld almost all legislation designed for the "protection" of women, predicated on their virtue, their health, or the "well being of [their] race." The first major legislative prohibition of sex discrimination, outside of judicial interpretation of the equal protec- tion clause, is found in Title VII of the 1964 Civil Rights Act. It seems ironic that a provision on sex discrimination, today a frequently litigated issue, was amended to Title VII almost as an afterthought.

Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg

University of Richmond Law Review

When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …

Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley

University of Richmond Law Review

All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …

Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands

American Indian Law Review

No abstract provided.

Critique: A Plaintiff's View, Henry L. Marsh Iii

University of Richmond Law Review

No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.

Civil Rights-Standards For Equitable Relief After A Finding Of Employment Discrimination Are Based On Aims Of Title Vii

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 grants the federal courts jurisdiction in employment discrimination matters and sanctions orders of affirmative relief where equitable. This relief, usually in the form of back pay and injunctions, may be awarded upon a finding of intentional, discriminatory labor practices. Being equitable remedies, however, the courts have given numerous and conflicting interpretations as to when such affirmative relief should be awarded or denied. The prior history of Albemarle Paper Co. v. Moody typifies the inconsistencies in this area. The case was a class action under Title VII by former and present employees …

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.

The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Book Review Of Disaster By Decree, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

In Disaster by Decree, and beginning with Brown v. Board of Education, Professor Graglia traces national efforts at school desegregation, constantly pricking the Court's egalitarian balloon with his needle of logic. How can the 1954 Brown decision, he asks, which forbade consideration of race in school assignments, justify current relief decrees that require courts and school boards to consider race? This attack indeed may catch affirmative action proponents at their Achilles' heel, for preferential admissions programs, if not actually spawned by admiration of the courts' desegregation efforts, draw constitutional strength from the courts' own repeated assumption of the …

Civil Rights And Civil Liberties, Douglass Cassel

Journal Articles

More than most lawsuits, school desegregation cases touch basic economic interests and deep-seated psychic sensitivities of entire communities. In this context, legal notions of the "intent" of governmental bodies and the "effect" of their actions on massive, intricate social processes seem eerily abstract. Though limited and necessarily artificial, these legal concepts are nonetheless the jurisprudential links by which courts must legitimize their efforts to define "rights" worthy of recognition in desegregating schools in large urban areas.

This article focuses primarily on this term's decisions of the United States Court of Appeals for the Seventh Circuit involving desegregation of the Milwaukee …

Preferences In Public Employment, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Open and competitive examination is generally perceived as the surest method of ensuring that public employees are selected on the basis of their merit and ability. Since the Pendleton Act of 1883, legislation has continually attempted to implement the view that efficient and impartial public sector employment requires that qualifications be demonstrated in an objective examination. But blacks, women and other minorities have been systematically excluded from public employment. This exclusion has resulted not only from bias in the examination, but also from other less visible aspects of the appointment process which supplant strict merit selection.

Rights Of Mentally Ill--Involuntary Sterilization--Analysis Of Recent Statutes, James A. Varner

West Virginia Law Review

No abstract provided.

Memorandum, Gay Alliance Of Students V. Matthews, United States District Court For The Eastern District Of Virginia Richmond Division, 1975 November 7

VCU Gay Alliance of Students Collection

Twenty-two typewritten pages and two handwritten pages (on the back of typewritten pages) memorandum by Judge D. Dortch Warriner, United States District Judge, in regards to Gay Alliance of Students v. Matthews.

The Impact Of Michigan's Common-Law Disabilities Of Coverture On Married Women's Access To Credit, Michigan Law Review

Michigan Law Review

In the United States, credit is indispensable to the improvement of one's economic status and life style. Its availability often dictates •the extent to which one has access to education, homeownership, entrepreneurship, and investment, and its unobtainability inhibits full participation in the activities and opportunities of American society. American women have long been systematically excluded from equal access to credit by lending institutions of all types and ·thus have been denied their rightful role in the economic life of the country. It is only recently, however, that the women's movement has begun to focus attention on credit discrimination and that …

Immunity Under 42 U.S.C. Section 1983, Ernest B. Fullwood

North Carolina Central Law Review

No abstract provided.

United States V. Maccollom, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Runyon V. Mccrary, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Mosley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.