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Articles 11761 - 11790 of 11932
Full-Text Articles in Entire DC Network
Civil Rights, Anon
Civil Rights, Anon
Washington Law Review
Covers administrative prevention of racial discrimination—its expansion to most real property and business transactions.
Civil Liberties In The United States: A Guide To Current Problems And Experience, By Robert E. Cushman, Reginald Parker
Civil Liberties In The United States: A Guide To Current Problems And Experience, By Robert E. Cushman, Reginald Parker
Indiana Law Journal
No abstract provided.
The Effect Of Desegregation On Public School Bonds In The Southern States, James S. Gilliland
The Effect Of Desegregation On Public School Bonds In The Southern States, James S. Gilliland
Vanderbilt Law Review
In the wake of Brown v. Board of Education' six recent cases arising in four states have involved a constitutional challenge to the validity of an issue of public bonds to finance segregated schools. In each case it was contended that bonds authorized and approved according to statute could not be validated or the proceeds used for a purpose now unconstitutional. Confronting this apparently meritorious contention was the impelling practical consideration of furthering public education in the already lagging South. Legal answers, embodying this equitable consideration, ranged from a plea to jurisdiction, to interpretation of a statute or bond, to …
My Native Grounds, Royal W. France, Jack C. Lane
My Native Grounds, Royal W. France, Jack C. Lane
Faculty Publications
In 1957, near the end of his life, Royal France, a Rollins College economics professor for over twenty years, published My Native Grounds, a memoir that chronicles his life of service and commitment in the first half of the twentieth century. His story, which provides insights and perspectives on American life during the first half of the twentieth century that only an active participant could furnish, will appeal to scholars of both Florida and national histories, particularly those interested in American civil liberties history. This exceptionally well written, readable memoir will appeal as well to the general reader who has …
What Law Cannot Do For Inter-Racial Peace, Karl N. Llewellyn
What Law Cannot Do For Inter-Racial Peace, Karl N. Llewellyn
Villanova Law Review (1956 - )
No abstract provided.
Recent Decisions, Various Editors
Recent Decisions, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson
Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson
Michigan Law Review
A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.
The Brown Decisions And The Advisory Opinion, Paul Saad
The Brown Decisions And The Advisory Opinion, Paul Saad
Kentucky Law Journal
No abstract provided.
Constitutional Law--Racial Discrimination--Denial Of Due Process, Beauchamp E. Brogan
Constitutional Law--Racial Discrimination--Denial Of Due Process, Beauchamp E. Brogan
Kentucky Law Journal
No abstract provided.
Discrimination Against Minorities In The Federal Housing Programs
Discrimination Against Minorities In The Federal Housing Programs
Indiana Law Journal
No abstract provided.
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
Michigan Law Review
Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Michigan Law Review
On May 19, 1954, the Supreme Court of the United States declared that segregation in public schools was a denial of equal protection of the law. Since that date many and varied plans have been proposed to maintain segregated education by avoiding the impact of the decision. The legality of three of these proposed avoidance devices will be analyzed in this comment.
Constitutional Law-Equal Protection-Racial Restrictive Covenant In Deed Of Cemetery Lot As Defense To Damage Action, Lawrence N. Ravick
Constitutional Law-Equal Protection-Racial Restrictive Covenant In Deed Of Cemetery Lot As Defense To Damage Action, Lawrence N. Ravick
Michigan Law Review
Plaintiff brought a damage action against a private cemetery for its refusal to permit the interment of her Indian husband in a burial lot which she had purchased from the defendant cemetery under a contract restricting burial privileges to members of the Caucasian race. Held, reliance upon a restrictive covenant to deny recovery does not constitute state action in violation of the equal protection clause of the Fourteenth Amendment of the Federal Constitution. Rice v. Sioux City Memorial Park Cemetery, (Iowa 1953) 60 N.W. (2d) 110.
Constitutional Law - Equal Protection - Determinable Fee As Devise To Impose Racial Restrictions On Use Of Land, Charles B. Renfrew S.Ed.
Constitutional Law - Equal Protection - Determinable Fee As Devise To Impose Racial Restrictions On Use Of Land, Charles B. Renfrew S.Ed.
Michigan Law Review
Land was conveyed by deed to the Park and Recreation Commission, a municipal corporation. The grant was in the nature of a determinable fee, with the land to revert to the grantor if it was ever used by members of any race other than the white race. Members of the colored race petitioned the Park and Recreation Commission for permission to use the recreational facilities erected on the land conveyed and the commission then sought a declaratory judgment as to the legal effect of the possibility of reverter contained in the deed, joining the petitioners and the grantors of the …
Constitutional Law - Civil Rights Acts - Civil Liability Of State Officials Acting Withing Their Discretionary Powers, Charles B. Renfrew S.Ed.
Constitutional Law - Civil Rights Acts - Civil Liability Of State Officials Acting Withing Their Discretionary Powers, Charles B. Renfrew S.Ed.
Michigan Law Review
Plaintiff was adjudged mentally ill by a county probate judge and ordered committed to a state mental hospital in November 1950. The commitment was made pursuant to a petition made out by the county deputy sheriff on the recommendation of a local attorney. In August of 1952, plaintiff was released from the state mental hospital. He then filed an action in the county circuit court to test the validity of his commitment. The circuit court found that the commitment was void, because of a failure by the authorities to comply with the applicable statutory requirements, and granted a permanent injunction …
Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.
Labor Law - Lmra - Duty Of Certified Union To Represent Bargaining Unit Fairly, Edward W. Powers S.Ed.
Michigan Law Review
Local N, composed entirely of Negroes, and Local W, composed entirely of whites, and both affiliated with the same international union, had been certified by the National Labor Relations Board as the joint bargaining representatives for the bargaining unit. Subsequent to this certification, the two locals allegedly agreed between themselves that they would be represented by one bargaining committee elected by a majority vote of the unit, and that there would be but one line of seniority in any agreement negotiated by this committee. The committee which was elected consisted solely of members of Local W. It …
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Michigan Law Review
The defendant, St. Louis and San Francisco Railway Company, maintained separate accommodations in railway coaches and terminal waiting-rooms for white and Negro passengers. Section 3 (1) of the Interstate Commerce Act makes it unlawful for a rail carrier to subject any person to any unreasonable prejudice or disadvantage. Plaintiff association joined with seventeen individual parties in filing a complaint with the Interstate Commerce Commission charging the carrier with violating the provisions of this act and in seeking an order requiring it to cease and desist from using these discriminatory practices. Held, assignment of accommodations on the basis of race …
Segregation In Transportation: Substantive And Remedial Problem
Segregation In Transportation: Substantive And Remedial Problem
Indiana Law Journal
No abstract provided.
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Michigan Law Review
Defendant Michel, a Negro, was indicted by a grand jury for rape on February 19, 1953. On March 2, the same day that the term of the grand jury expired, he was arraigned and counsel was appointed. One week (five judicial days) later, motion was made to quash the indictment on grounds of discrimination against Negroes in impaneling the grand jury. The trial court ruled that the objection had been waived because Louisiana law requires that it be raised within three judicial days after the expiration of the term of the grand jury. The defendant was convicted, and the Louisiana …
The Merging Concepts Of Liberty And Equality, Richard B. Wilson
The Merging Concepts Of Liberty And Equality, Richard B. Wilson
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Civil Rights Statute - Failure To Release Prisoner Promptly Not A Violation Of Section 242, Stephen C. Bransdorfer
Constitutional Law - Civil Rights Statute - Failure To Release Prisoner Promptly Not A Violation Of Section 242, Stephen C. Bransdorfer
Michigan Law Review
A Florida state attorney was charged with violation of the Federal Civil Rights Statute for failure to apply for release of a Negro prisoner held nineteen months without charge. The prisoner had been held on request of the state attorney for further prosecution or use as a witness after a verdict had been directed in the prisoner's favor in a prior murder trial. Neither the prisoner nor defense counsel petitioned for release. The United States District Court dismissed the indictment. On appeal, held, affirmed. No duty existed on the part of the Florida state attorney to make application for …
Equal Protection And The Racial Restrictive Covenant: A Reevaluation
Equal Protection And The Racial Restrictive Covenant: A Reevaluation
Indiana Law Journal
No abstract provided.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Michigan Law Review
Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …
Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed.
Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed.
Michigan Law Review
Three suits were brought to obtain injunctions to prevent racial segregation at public bathing beaches, bathhouses, and swimming pools. Because the cases raised the same legal issue they were consolidated for trial. The plaintiffs moved for judgment on the pleadings. Held, motion denied. The segregation of Negroes and whites at bathing beaches, bathhouses and swimming pools does not per se deny to Negroes any rights protected by the Fourteenth Amendment to the Federal Constitution. Lonesome v. Maxwell, (D.C. Md. 1954) 123 F. Supp. 193.
Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan
Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan
Michigan Law Review
A member of the United Electrical Workers Union was discharged from the J. H. Day Company because of his refusal to testify concerning his communist affiliation before the Ohio Un-American Activities Committee and because of the unfavorable publicity which had resulted. Under grievance procedure, the union brought the matter before arbitration. Findings, there was no just cause for dismissal. The employee is entitled to back pay and to reinstatement subject to security clearance. J. H. Day Company,. 22 LAB. Aim. RBP. 751 (1954).
The School Segregation Cases: A Comment, Paul H. Sanders
The School Segregation Cases: A Comment, Paul H. Sanders
Vanderbilt Law Review
Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of …
The Federal Loyalty-Security Program, By Eleanor Bontecou, Harry Kalven Jr.
The Federal Loyalty-Security Program, By Eleanor Bontecou, Harry Kalven Jr.
Indiana Law Journal
No abstract provided.
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Michigan Law Review
In the landmark case of Plessy v. Ferguson decided in 1896, the Supreme Court of the United States gave its sanction to the "separate but equal" doctrine in the interpretation of the equal protection clause of the Fourteenth Amendment. More particularly, the Court held that a state statute requiring racial segregation in railway service did not result in a denial of the equal protection of the laws. This decision did not go unchallenged. Kentucky-born Justice John Harlan remonstrated in a dissenting opinion of extraordinary force. Crying out like a lone voice in the wilderness he predicted that the judgment declared …
The Democracy Of Justice Oliver Wendell Holmes, Charles E. Wyzanski Jr.
The Democracy Of Justice Oliver Wendell Holmes, Charles E. Wyzanski Jr.
Vanderbilt Law Review
Oliver Wendell Holmes is everywhere recognized as a great American. His life story has been depicted on the stage, fictionalized in a popular biography,' and majestically summarized in the Dictionary of American Biography by his successor and disciple. Every undergraduate knows of Holmes' wounds in three Civil War battles, his seminal lectures on The Common Law delivered at the Lowell Institute, his pioneer decisions in labor cases in the Supreme Judicial Court of Massachusetts and his long and distinguished tenure as Associate Justice of the Supreme Court of the United States. But the recital of his public offices does not …
Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein
Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein
Journal of Legal Education
No abstract provided.