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Damages In Housing Discrimination Cases, James A. Ciocia

Cleveland State Law Review

The existance of a shortage of adequate housing in the United States has further intensified the problems of those who suffer most when there is a shortage of anything-the minority groups. ... Contributing to the awareness of the public is the salient fact that within the last ten years there has been a consistent increase in the number of court cases dealing with housing discrimination. The scope of these cases has expanded from what had been a broad interpretation of public accommodation statutes to the award of damages, both compensatory and punitive, for private acts of discrimination which allegedly precipitated …

Civil Rights—Public Accommodations—Recreational Facility Held A Covered Establishment Under 1964 Act, Richard R. Stokely

Buffalo Law Review

Daniel v. Paul, 395 U.S. 298 (1969).

Women And The Law. By Leo Kanowitz., Henry H. Foster Jr.

Buffalo Law Review

No abstract provided.

Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley

Buffalo Law Review

United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969), prob. juris. noted, 396 U.S. 812, 90 S. Ct. 92 (1969).

Effects Of Fair Housing Laws On Single Family Homes, Joseph C. Hunter

Cleveland State Law Review

In 1965 the 106th Ohio General Assembly passed Ohio's first fair housing law effective October 30, 1965. Doing so, the Ohio legislature extended the jurisdiction of the existing Ohio Civil Rights Commission to the field of housing. By excluding single and double owner-occupied residential dwellings, the 1965 law had a limited effect upon approximately fifty per cent of the housing in the state of Ohio. This paper will not deal with the unlawful practices involving lending institutions, restrictive covenants or blockbusting. Instead it will address itself to the administration of that portion of Chapter 4112 of the Ohio Revised Code …

Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice

University of Michigan Journal of Law Reform

Using Michigan as a vehicle for analysis because it has a student voting process representative of many states, this note seeks to accomplish four purposes: (1) an examination of the case law often underlying the presumption against student registrability; (2) an analysis of recent constitutional developments in the due process and equal protection areas as they relate to the particular problems posed by the student voter; (3) a survey of the competing local and student interests in the student vote issue; and (4) a conclusion regarding the likelihood that thwarted student voters can follow the paths of other disfranchised groups …

The Legality Of The "Revised Philadelphia Plan", Dennis J. Dubois

Maryland Law Review

No abstract provided.

Civil Rights Act And Professionally Developed Ability Tests

University of Richmond Law Review

With the shift in America from a mercantile to a highly industrialized society, the right to use his labor and skill has become a person's most valuable asset. The common law did little to preserve this asset, since an employer had the absolute right to discharge his employee at will. While the fifth and fourteenth amendments to the Constitution provided some relief in federal and state discriminatory practices, they offered little hope for those deprived of employment opportunities by the discriminatory acts of private individuals.

Urban Renewal In The Crucible Of Judicial Review, Henry Mcgee

Faculty Articles

An agency is not an island entire of itself. It is one of the many rooms in the magnificent mansion of the law. The very subordination of the agency to judicial jurisdiction is intended to proclaim the premise that each agency is to be brought into harmony with the totality of the law; the law as it is found in the statute at hand, the statute book at large, the principles and conceptions of the "common law," and the ultimate guarantees associated with the Constitution.

Law And Sociology: Some Issues For The 70'S, Albert J. Reiss Jr.

University of Richmond Law Review

The relationship between sociology and the lawhas not been a very stable one. It has barely passed from the stage of flirtation to that of courtship, though the dependence of each upon the other seems obvious enough to some scholars in each discipline. The two communities have long seemed content to live in symbiotic rather than commensal relations. There are a number of reasons why it is difficult to consummate a stable marriage at this time, if not in the long run.

The Riot Act Of 1968: Congress Rides A Trojan Horse, D. S. G.

Georgia Law Review

In the wake of civil disorders which depredated many of America's cities, and in response to public outrage at such events, Congress enacted the Riot Act of 1968. The statute proscribes a twofold event. To violate the statute, an individual must travel in interstate commerce, or use some facility thereof, with an intent to incite a riot, and at some later time that individual must perform an overt act in furtherance of his intent. Yet the statute is a rather feeble attempt to exorcise the violent reaction to the rampant racial and social evils which have permeated the twentieth century. …

Illegitimacy: Equal Protection And How To Enjoy It, H. G. G. Iii

Georgia Law Review

The purpose of this Note is to demonstrate that the way is now clear to remove legally sanctioned discrimination against the illegitimate and to grant him the full citizenship denied him for centuries. Specifically, it is argued that since the illegitimate is treated equally with other children insofar as the mother-child relationship is concerned, it is but a simple extension of this status to afford the bastard the potentially more significant rights of the father-child relationship. Although the illegitimate has made some progress from his status of near nonexistence at common law, dearly there is much progress still to be …

Comment, A Primer To Procedure And Remedy Under The Title Vii Of The Civil Rights Act Of 1964, Roger C. Hartley

Scholarly Articles

Title VII of the Civil Rights Act of 1964, Pub. L. 88-352, Title VII, July 2, 1964, 79 Stat. 253, 42 U.S.C. 2000e et seq. [Hereinafter cited as Title VII], is intended to eliminate employment discrimination because of race, color, religion, sex, or national origin. Title VII was enacted on July 2, 1964 but its substantive provisions did not take effect until July 2, 1965. Since that time, there have been more than two hundred published federal court decisions involving private enforcement actions brought under Title VII.

The single most significant impression one draws from reading the decisions in Title …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …

Defendants' Memorandum In Opposition To Motion For Convening Three-Judge Court And Defendants' Memorandum In Support Of Defendants' Answer, City Of Union City, California

Other Cases

No abstract provided.

Legislative Problems Surrounding Racially Balanced Public Schools, James Bolner

Vanderbilt Law Review

For many years the political-legal attempts to implement the rights of the Negro minority in America have focused on the field of public education. It is the writer's view that current widespread confusion concerning the racial composition of public school populations forms a major obstacle to better racial relations.' This article is an examination of the ways in which the problem of racial concentrations of minorities in public schools has been met in a variety of forums: state legislatures, state and federal educational and civil rights agencies, and the United States Congress. The article is intended to enhance the reader's …

Book Review Of Comparative Constitutional Process, William F. Swindler

William & Mary Law Review

No abstract provided.

Duty To Provide Equal Protection: Police Officer's Liability For Non-Feasance Under Section 1983 Of The Federal Civil Rights Act, Stephen C. Eastham

Indiana Law Journal

No abstract provided.

Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew

Michigan Law Review

A Review of Administrative Implementation of Civil Rights by Joseph Parker Witherspoon

Restoration Of Deprived Rights, Joseph H. Kelley

William & Mary Law Review

No abstract provided.

Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review

Michigan Law Review

Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …

This Is Our Challenge, Not Our Fate, Williams A. Marsh

North Carolina Central Law Review

No abstract provided.

Racial Discrimination In The Creation Of Charitable Trust, Millard A. Blake Jr.

North Carolina Central Law Review

No abstract provided.

Constitutional Law—1866 Civil Rights Act Held Constitutional Under The Thirteenth Amendment, Howard E. Fenton

Buffalo Law Review

Jones v. Mayer Co., 392 U.S. 409 (1968).

A Comparative Analysis Of Title Viii And Section 1982, T. A. Smedley

Vanderbilt Law Review

Future chroniclers of the struggle for racial justice in the United States may note with some perplexity that the federal government,after a century of cautiously eschewing the power to combat racially discriminatory practices in housing, suddenly in 1968 entered the battle on two fronts. On April 11, The Civil Rights Act of 1968, with its Fair Housing Title, became the law of the land. Just over two months later the Supreme Court in Jones v. Alfred H. Mayer Co.ruled, on the basis of earlier legislation, that refusal to sell housing because of the race of the prospective purchaser is unlawful. …

Jones V. Alfred H. Mayer Co.: An Historic Step Forward, Arthur Kinoy

Vanderbilt Law Review

The historic decision last June by the Supreme Court in Jones v. Alfred H. Mayer Co.,' reasserting for the first time in almost 100 years the constitutional mandate in the thirteenth amendment to abolish the badges and indicia of human slavery from all aspects of American society, has begun to meet with sharp criticism. This is, of course, no surprise. One might expect outcries from quarters of the country in which the far less abrasive vocabulary of Brown v. Board of Education still evokes memories of "Black Monday," "massive resistance" and "interposition.' What is perhaps more surprising is that the …

Schwartz: Rights Of The Person, Hans A. Linde

Michigan Law Review

A Review of Rights of the Person by Bernard Schwartz

Jones V. Alfred H. Mayer Co.: Judicial Activism Run Riot, Sam J. Ervin, Jr.

Vanderbilt Law Review

Those who make it their business to follow closely the work of the Supreme Court have noticed its tendency to save the most controversial decisions of the term for the last days in June, just before the Court recesses for the summer. One sometimes gets the impression that the Justices wish to be far away from the summer storms produced by these decisions, returning to Washington in the quieter days of the fall. Thus it was not surprising that the Court saved its decision in Jones v. Alfred H. Mayer Co. until June 17, 1968, and then promptly left town. …

Non-Discrimination In The Sale Or Rental Of Real Property, Edward W. Brooke, T. A. Smedley, Arthur Kinoy, Sam J. Ervin, Jr.

Vanderbilt Law Review

The final version of the Fair Housing title anticipates a more active role for the federal government in the areas not presently covered by state or prior federal law. There is a central distinction between the protection afforded by the Act and the Jones decision. Where the latter recognizes the right of citizens to have their rights adjudicated, the former recognizes that not every victim of discrimination is willing or can afford to undergo the difficulty and expense of private litigation. The Fair Housing Law therefore provides for certain types of federal initiative to guarantee those rights. At the same …