Digital Commons Network^™

Wilkins V. Bentley: Getting Out The Student Vote In Michigan, Michigan Law Review

Michigan Law Review

The right to vote is one of the most precious constitutional rights. The Supreme Court has described it as preservative of all rights, a fundamental matter in a free and democratic society, and a bedrock of our political system. Justice Black once stated, "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live." It supports not only the individual's personal interest in self-government, but also the collective societal interest in broadly based consensual representation. The magnitude of these …

Lots For Sale - Discrimination In Site Selection, Henri Norris

North Carolina Central Law Review

No abstract provided.

Federal Jurisdiction—Civil Rights: A Federal Remedy Against Private Class Discrimination Under 42 U.S.C. § 1985(3) (1970)—Griffin V. Breckenridge, 403 U.S. 88 (1971), Anon

Washington Law Review

Plaintiffs, black citizens of Mississippi, sued in federal court under 42 U.S.C. § 1985(3) alleging that defendants, white citizens of Mississippi, had conspired to deprive them of the equal protection of the laws and equal privileges and immunities under the law. Plaintiffs' claim arose out of an incident during which defendants, under the mistaken belief that a person in the company of plaintiffs was a civil rights worker, stopped plaintiffs' car on a public highway, forced them from the car and physically assaulted them. The district court dismissed the suit on the ground that section 1985(3) reached only conspiracies under …

Rule-Making And The Police, Carl Mcgowan

Michigan Law Review

That remarkable man, Justice Oliver Wendell Holmes, in whose name and by whose providence we are met on this occasion, had many profound perceptions about the nature of law-making. Except for the violence of the Civil War in his youth, his life was largely lived at a time and in a society which seem simple and benevolent by comparison with our own. Some of his generalizations, nevertheless, continue to define accurately the limitations under which we confront the complexities presently assailing us on every side. This is notably true of the administration of criminal justice.

The Emerging Constitutional Principle Of Sexual Equality, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd

Villanova Law Review (1956 - )

No abstract provided.

The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights: Closing The Back Door To The Discriminating Private Club - Tillman V. Wheaton-Haven Recreation Ass'n

Maryland Law Review

No abstract provided.

The Aftermath Of Serrano: The Strict Scrutiny Approach And The Viability Of Property Tax Financing For Public Educational Systems, Randall C. Rolfe

Villanova Law Review (1956 - )

No abstract provided.

The Dilemma Of The Professoriate, Matthew W. Finkin

Villanova Law Review (1956 - )

No abstract provided.

The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Charitable Tax Exemptions - Granting Of Tax Benefits To Discriminatory Fraternal Orders Is A Violation Of The Equal Protection Aspect Of The Fifth Amendment, Marc Howard Jaffe

Villanova Law Review (1956 - )

No abstract provided.

Protecting The Older Worker, H. Patrick Callahan, Charles T. Richardson

University of Michigan Journal of Law Reform

Unlike racial discrimination, age discrimination statutes do not prohibit all forms of discrimination but only those forms that are arbitrary. In this respect age is most analogous to sex as a basis of discrimination: in neither case has a conclusive statutory presumption been made that these factors are irrelevant in an employment situation; in both situations the employer must make his decision to hire or not to hire on the abilities of the individual and not on assumptions, proven or unproven, about the class as a whole. This note considers the extent of arbitrary age discrimination and what measures have …

Student Discipline In Public Schools Under The Constitution, William D. Valente

Villanova Law Review (1956 - )

No abstract provided.

Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers

Articles

In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …

Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman

Cleveland State Law Review

The inadequate avenues of direct relief available to those groups that have been discriminated against have been a cause of frustration and a source of alienation leading in certain instances to violence. The inability of our legal system to assure equal job opportunity has contravened the very essence of the thirteenth amendment of the United States Constitution prohibiting slavery.

The Expanding Scope Of Federal Civil Rights Jurisdiction, Edwin R. Mccullough

Loyola University Chicago Law Journal

No abstract provided.

Strategies For Metropolitan Stabilization, John W. Ragsdale Jr, Thomas Clark

Faculty Works

No abstract provided.

Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie

University of Michigan Journal of Law Reform

The author surveyed ten hospitals in each of ten states, including hospitals of varying sizes and classifications. Five of the forty-five replies indicated the hospital did not admit all indigents in need of medical care. The primary reason given was that prospective patients not covered by hospital insurance or government programs such as Medicaid or Medicare were usually unable to produce a required preadmission deposit. This practice of requiring a preadmission deposit seems to be common.

A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.

University of Michigan Journal of Law Reform

There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …

Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser

University of Michigan Journal of Law Reform

This article discusses how Title VII affects the operation of these facially neutral practices and attempts to determine when such practices are unlawful under Title VII. It also discusses the possible effects of the Equal Employment Opportunity Act of 1972 on this problem.

Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee

Faculty Articles

Professor McGee examines the move by the Supreme Court to limit rights for minority defendants. Led by its law enforcement-oriented Chief Justice, an emerging majority of the Court has managed to reverse or seriously abridge precedents - both recent and time-honored - which ensured some fairness for minority defendants. Professor McGee addresses the implications of these decisions, and how they have affected due process for Black defendants.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Black citizens of Tate County, Mississippi, brought suit' seeking rescission of the County Board of Education's sale of a public school to a foundation that used the property to establish a private, segregated academy. Respondent, Tate County Board of Education, had determined that the continued operation of the dilapidated school would be uneconomical and had conveyed the property to a private citizen without knowing the purpose for which the school was to be used. The purchaser later conveyed the property to the Tate County Foundation, which established a private, segregated academy. Petitioners contended that the sale violated the equal protection …

Mandatory Maternity Leaves And The Equal Protection Clause, Carole A. Masters

Kentucky Law Journal

No abstract provided.

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …

San Quentin Prison Officials Are Permanently Enjoined From Enforcing Or Using Disciplinary Proceedings Which Deprive Prisoners Of Their Constitutional Rights For The Reason That They Violate The Due Process And Equal Protection Clauses Of The Fourteenth Amendment., Arthur R. Thormann Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law - State Action - Closing Rather Than Desegregating Recreational Facilities. Palmer V. Thompson, 91 S. Ct. 1940 (1971), Thomas W. Wright

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Section 1983--Municipality Subject to Section 1983 Damage Suit if Local Law Recognizes Municipal Liability

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Constitutional Law--Citizenship-Statute that Conditions Retention of United States Citizenship upon Residency Requirement Is Constitutional When Citizenship Is Not Protected by the Fourteenth Amendment Citizenship Clause

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Constitutional Law--Equal Protection --School Financing System that Substantially Relies on Local Property Tax Violates Equal Protection Clause

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Constitutional Law--Freedom of Speech--A Per Se Banon All Editorial Advertisements by a Broadcast Licensee Violates the First Amendment

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Constitutional Law--Jury Trials in Juvenile Court--Juveniles in Delinquency Proceedings Not Constitutionally Guaranteed the Right to a Jury Trial

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Constitutional Law--Search …

Morrissey V. Brewer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Scotland Neck, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.