Digital Commons Network^™

Developments In The Law Of School Desegregation, T. A. Smedley

Vanderbilt Law Review

Eighteen years after the Brown decision declared that racially dual school systems violate constitutional rights of students and therefore must be abolished,' the developments in this area of life and law still primarily involve efforts to find an answer to the practical problem which arose immediately after the Brown ruling: How does one abolish a dual school system? Today, relatively few people openly contend that public schools ought to be operated on a racially segregated basis, but the problem of identifying and implementing acceptable means of achieving desegregation has proved to be virtually unsolvable. Although the federal courts initially displayed …

The Unique Problems Of The Black Businessman, Flournoy A. Coles, Jr.

Vanderbilt Law Review

This Article concentrates on problems of black businessmen rather than those of all minority businessmen for 3 reasons: first, there are more statistics on the business and other aspects of black economic life than on other nonwhite minorities; secondly, the available statistics suggest that black Americans rank lowest on the totem pole of business activity in this country--lower than any other nonwhite minority except perhaps for American Indians; thirdly, many of the solutions suggested for remedying the problems of black business enterprise would apply to the similar problems that other minority groups have encountered.

Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton

West Virginia Law Review

No abstract provided.

The New York Indians' Right To Self-Determination, James W. Clute

Buffalo Law Review

No abstract provided.

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.

Post--Brown Private White Schools--An Imperfect Dualism, James E. Smith

Vanderbilt Law Review

Federal courts have endeavored to assure that private discrimination practiced by schools is truly private. In this endeavor, courts have enjoined any significant state involvement as violative of the equal protection clause. The courts have shown no inclination to prohibit the private discrimination itself, however, and it appears unlikely that courts in the near future will take the innovative step of barring discrimination practiced by private white academies.

Racial Discrimination And The Right To Vote, Armand Derfner

Vanderbilt Law Review

Lawyers in voting discrimination cases are fond of quoting Justice Frankfurter's dictum that "the [Fifteenth] Amendment nullifies sophisticated as well as simple-minded modes of discrimination."' Unfortunately for historical accuracy and for the health of our society, this statement simply has been false for most of the century since the passage of that amendment. In the past fifteen years, however, a change has begun, and the right to vote without discrimination has gained substance. This Article is an effort to describe today's law of voting discrimination, and how that law developed. Because the present state of this area is so largely …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Injunctions--Contempt Power--Citation Proper Against Nonparty Who Violates Court Order in School Desegregation Case

Whether an injunction or other order binds one not a party to the underlying suit or proceeding so that he may be held in contempt for violation is a question that always has troubled the courts. Some early cases purported to announce a sweeping and apparently absolute rule--that an injunction or other order does not bind nonparties. The principle underlying this rule is that due process forbids a court to adjudicate the legal rights and relationships of a person who has not had the opportunity to be …

Although Judges And Quasi-Judicial Officers Are Immune From Action For Damages Under The Civil Rights Statutes For Acts Accomplished In The Discharge Of Their Official Duties, When A Class Discrimination Is Alleged, Both Judicial And Quasi-Judicial Officers May Be Mandatorily Enjoined From Further Infringement Upon The Rights Of The Complaining Class., Adrian Gregory Acevedo

St. Mary's Law Journal

Abstract Forthcoming.

Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton

Court Briefs

No abstract provided.

Roe V. Wade, 410 U.S. 113 (1973)

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

A pregnant single woman brought a class action suit challenging the constitutionality of the Texas criminal abortion laws, which proscribed procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. The Court held that a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment.

The Equal Rights Amendment: A New Reasonableness Test For Viewing Sex-Based Classifications, William J. Fitzpatrick

Loyola University Chicago Law Journal

No abstract provided.

The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora

Villanova Law Review (1956 - )

No abstract provided.

Contemporary Problems Of Drug Abuse - I. Friday Evening, J. Willard O'Brien, Robert W. Meserve, Richard E. Palmer, Jerome H. Jaffee M.D.

Villanova Law Review (1956 - )

No abstract provided.

Injunctions - Section One Of The Civil Rights Act Of 1871 Is An Expressly Authorized Exception To The Federal Anti-Injunction Statute, Kenneth I. Levin

Villanova Law Review (1956 - )

No abstract provided.

An Overview Of Administrative Due Process: Part I, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

Contemporary Problems Of Drug Abuse - Ii. Saturday Morning, David F. Musto, Michael R. Sonnenreich, Thomas E. Bryant, James Markham

Villanova Law Review (1956 - )

No abstract provided.

Contemporary Problems Of Drug Abuse - V. Sunday Afternoon, Peter G. Hammond, Paul A. Dandridge, Joel Fort M.D., Lisa A. Richette

Villanova Law Review (1956 - )

No abstract provided.

Contemporary Problems Of Drug Abuse - Iii. Saturday Afternoon, Nicholas Johnson, Mark L. Cohen, Joe Moss, Nicholas N. Kittrie

Villanova Law Review (1956 - )

No abstract provided.

Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block

University of Michigan Journal of Law Reform

Section 602 of the Act was enacted to enable federal agencies to enforce this policy, and it authorizes them to issue rules and regulations which, while consistent with the objectives of the program authorizing the assistance, effectuate the provisions of Section 601. To enforce these regulations, an agency may terminate assistance to noncomplying programs, or use any other means authorized by law.

Minimum Wages For Prisoners: Legal Obstacles And Suggested Reforms, James J. Maiwurm, Wendy S. Maiwurm

University of Michigan Journal of Law Reform

The growing literature on prisoners' rights has not yet focused on inmates' demands for minimum wages and the justification for such demands. This article explains why statutory minimum wage coverage should be extended to inmates, discusses the judicial treatment of prison labor and the minimum wage question, advocates adoption of legislation now pending in Congress, and suggests further legislative reform necessary to implement the minimum wage proposal. Many conditions in our prison system are undoubtedly more harmful and degrading than lack of meaningful wages. This article focuses on only one feasible reform, not on the priorities of prison reform in …

Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers

University of Michigan Journal of Law Reform

This article focuses on the effect on juvenile correctional institutions of the erosion of the "hands-off" doctrine and the introduction of procedural safeguards in the juvenile justice system. In so doing, the article examines the difficulties inherent in any attempt to reform institutional practices and procedures to accommodate the goals of the juvenile correctional model. In the juvenile context, the extent to which fundamental rights need or may be abrogated to allow the institution freedom to rehabilitate and treat its inmates is crucial. Therefore, this article examines three areas involving fundamental constitutional rights: imposition of punitive segregation, freedom of communication, …

Contemporary Problems Of Drug Abuse - Iv. Sunday Morning, Richard Atkins, Lester Grinspoon, John Finlator, R. Keith Stroup

Villanova Law Review (1956 - )

No abstract provided.

An Overview Of Administrative Due Process: Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

Individual Rights V. Skyjack Deterrence: An Airline Man's View, Michael J. Fenello

Villanova Law Review (1956 - )

No abstract provided.

Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey

Villanova Law Review (1956 - )

No abstract provided.

Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

De Facto School Segregation And The "State Action" Requirement: A Suggested New Approach, Dennis Powers

Indiana Law Journal

No abstract provided.

Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara

Cleveland State Law Review

The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …