Digital Commons Network^™

Book Reviews, Joseph Trachtman, Philip A. Trautman, Arthur Larson, A. Kenneth Pye, Walter F. Murphy, Norman Redlich, Leroy Kahn, Edwin W. Patterson, Frederick M. Hart, Curtis J. Berger, Wallace R. Bennett, W. W. Patterson

Journal of Legal Education

No abstract provided.

Constitutional Law - De-Facto Segregation

William & Mary Law Review

No abstract provided.

Negro Contributions To The Political And Legal History Of The Southern Counties Of West Virginia, Charles Edward Easton

Theses, Dissertations and Capstones

The introduction of African labor as a muscular force was an adventurous enterprise, proving on trial to be the most perfect catalytic agent of production then known to commerce. This labor force was the fulfillment of the great demand of the young colony which needed a controllable and dependable labor force to make it accessible for human habitation. This labor demand made it profitable for adventurous traders to invest money in the enterprise of importing indentured servants to the new colonies in America. Later a system was developed by which individuals could come to the new colony as either indentured …

Dixon’S The Leopard’S Spots: A Study In Popular Racism, Maxwell Bloomfield

Scholarly Articles

The first fourteen years of the twentieth century constituted a major reform period in American history. In politics, economics and the arts new ideas and practices emerged to shatter nineteenth-century pre- conceptions. Crusading journalists led the way in calling for a revitalized democracy to bridge the dangerous gulf separating the very rich from the very poor. Increasingly public opinion was directed toward the elimination of class barriers by absorbing laborer and capitalist, immigrant and old-stock native, into an expanded form of democratic state which should minister to the welfare of all.

Yet during these same years, when mass audiences responded …

Constitutional Law - Compulsory Line Up By Police Violates Equal Protection Clause Of Fourteenth Amendment, Richard C. Angino

Villanova Law Review (1956 - )

No abstract provided.

Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison

Michigan Law Review

By statutes designed to protect the public interest, many federal administrative agencies-such as the Interstate Commerce Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Federal Trade Commission, and the Civil Aeronautics Board-are granted authority to conduct investigations dealing with substantive matters committed to their respective jurisdictions. In an increasing number of instances, these agencies are empowered to utilize compulsory process; persons may be ordered to appear and give testimony or to produce documents in so-called investigational hearings, subject to criminal sanctions for noncompliance. The use of investigational hearings by these agencies as an ancillary law enforcement tool …

De Facto Segregation - The Elusive Spectre Of Brown, William B. Freilich

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Discrimination - State Judiciary Precluded From Enforcing A Criminal Trespass Pursuant To A Restaurateur's Discriminatory Refusal To Serve And The Patron's Refusal To Leave, Robert M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Equal Protection Clause--Designation Of Race On Ballot Struck Down, Laurence W. Grause

Kentucky Law Journal

No abstract provided.

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …

Sit-Ins: Proceed With Caution, Charles E. Rice

Journal Articles

In the current racial contentions, the sit-in demonstration has proved to be an effective and disturbing weapon against segregation by privately-owned business establishments. It is effective because the imposition of economic loss, through monopolizing the seats in a restaurant to the exclusion of potential customers, can break down a proprietor's pattern of segregation more relentlessly than persuasion. It is disturbing because the sit-in poses a direct challenge to accustomed understanding of private property rights.

Deportation Law And The Social Interest, George Liviola Jr.

Cleveland State Law Review

Fundamental civil and humanitarian rights are being denied to individuals in the United States because American courts cling to stare decisis in denaturalization and deportation proceedings. This article concerns itself with an examination of this policy, its history, progress, effect and possible reform.

The Legality Of De Facto Segregation, Charles E. Rice

Journal Articles

There are three basic fields with which a discussion of racial segregation must deal: education, employment and housing. Opinions will vary as to which, if any, is paramount, but none will deny that they are interrelated. In all three areas, the engines of legal proscription have been brought to bear to eliminate affirmative, legally-sanctioned segregation. But there remains the stubborn fact that the removal of legal discrimination has not been attended by either a resultant improvement in the living conditions of minority groups or a substantial integration of the races. The lack of causal connection between the elimination of legal …

Law And The Negro Revolution; Ten Years Later, Henry Paul Monaghan

Faculty Scholarship

Scarcely ten years ago the Supreme Court of the United States sounded the death knell for segregation in the public schools. In so doing, the high court in fact did much more, for its decision drew together and united the diverse elements in American society which were arrayed against segregation in all its forms. Thus began the great social upheaval which we loosely term "the Negro revolution."

The broad goal is readily discernible. The Negro demands admittance to American public life, to the schools, theatres, restaurants, hotels, job opportunities and the like which comprise the "public" sector of our society; …

Constitutional Law - Civil Rights Act - Invasion Of Privacy By Police Gives Rise To A Cause Of Action Under The Federal Civil Rights Act, John E. Good

Villanova Law Review (1956 - )

No abstract provided.

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.

Antiquated Abortion Laws, Marvin M. Moore

Washington and Lee Law Review

No abstract provided.

Federalism And Double Jeopardy: A Study In The Frustration Of Human Rights, Harlan R. Harrison

University of Miami Law Review

No abstract provided.

Some Current Thinking On Voting Rights, Michigan Law Review

Michigan Law Review

This issue of the Review is devoted to a consideration of certain selected problems of present interest in the area of voting rights.

Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay

Michigan Law Review

If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.

Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser

Michigan Law Review

It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.

The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Michigan Law Review

The nature of American national government has undergone a profound metamorphosis, moving from the near oligarchy which characterized the system as established in 1789 to the imperfectly representative government which it is today. At the time the Constitution was ratified, all restrictions then imposed by the several states on the right to vote for state and federal electors were preserved. These various limitations on the franchise restricted the active body politic to approximately four percent of the total population. Disfranchisement applied then, as now, to those under twenty-one, to those lacking sufficient residence in a given community, to the insane, …

Present Status Of Miscegenation Statutes, Edmund L. Walton Jr.

William & Mary Law Review

No abstract provided.

Equity - Injunction Will Issue To Enjoin Negro Organization From Interfering With Relation Between A Racially Discriminating Company And Its Customers, Arthur B. Morgenstern

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--State Action--Real Estate Discrimination, Donald S. Muir

Kentucky Law Journal

No abstract provided.

Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel

Articles

Of the many problems left unanswered in Baker v. Carr,' the one that has received the most attention both from lower courts and commentators is that of prescribing a specific standard for determining what constitutes a denial of "equal protection" in legislative apportionment.2 The starting point universally accepted - indeed, probably required by Baker - for attacking this problem is the definition of apportionment equality in terms of mathematical measurement of the individual's "voting power."3 Perfect equality in apportionment is viewed as requiring that each election district contain an equal population, so that every individual's vote in his district will …

One Century After The Emancipation Proclamation, Wilson G. Stapleton

Cleveland State Law Review

On January 1st, 1863, Abraham Lincoln, then President of the United States, dedicated to the proposition that a nation could not exist and reach its rightful place in the sun, half slave and half free, issued the Emancipation Proclamation, which declared in essence that as a matter of law all peoples in these United States of America were forever free. Yet over these last one hundred years there have been many times when these emancipated peoples and their freeborn descendants must have felt, and oftentimes still feel, that they are like to the legendary Sisyphus who was condemned to the …

Book Review, William Burns Lawless

Journal Articles

Reviewing: Civil Justice and the Jury by Charles W. Joiner (Englewood Cliffs, New Jersey: Prentice-Hall, Inc., 1962).

Constitutional Law - Discrimination - Executive Speeches Banning Lunch Counter Sit-Ins Held To Be State Action In Violation Of The Fourteenth Amendment, John E. Good

Villanova Law Review (1956 - )

No abstract provided.