Digital Commons Network^™

Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed.

Michigan Law Review

The Jaybird Democratic Association was formed in Fort Bend County, Texas, in 1889. Membership was open to all white voters in the county. The association was not governed by the state statute regulating political parties. Candidates nominated by the Jaybird Party entered the Democratic county primary as individuals, not as Jaybird candidates, but those candidates won both the Democratic primary and the general election with only one exception in the entire history of the Jaybird Party. Terry, a Negro, sought a declaratory judgment and injunction permitting Negroes to vote in the Jaybird primary. The federal district court ruled that the …

Constitutional Law - Civil Rights Act - Civil Liability Of State Judicial Officers, John C. Hall S.Ed.

Michigan Law Review

In 1940 defendant, a state judge, granted an ex parte order transferring plaintiff, then a voluntary inmate of a Massachusetts school for the feeble-minded, to the Department of Defective Delinquents. Released on habeas corpus in 1951, plaintiff brought suit under the Civil Rights Act, claiming a denial of notice and hearing in violation of the due process clause of the Fourteenth Amendment. On appeal, held, a judge is not liable at common law or under the Civil Rights Act for acts done in the exercise of his judicial function. Francis v. Crafts, (1st Cir. 1953) 203 F. (2d) …

Constitutional Law - Equal Protection - Damage Action For Breach Of Racial Restrictive Covenant, Raymond R. Trombadore S.Ed.

Michigan Law Review

Petitioners sued at law for breach of a racial restrictive covenant, alleging that respondent violated the covenant by conveying restricted realty without incorporating restrictions in the deed, and by permitting non-Caucasians to enter and occupy the premises. The trial court sustained a demurrer to the complaint, the California court of appeals affirmed, and hearing was denied by the state supreme court. On certiorari the United States Supreme Court held, affirmed, Chief Justice Vinson dissenting. An award of damages by a state court for breach of racial restrictive covenants would constitute state action which would deprive the excluded class of …

Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.

Michigan Law Review

Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …

The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis

Indiana Law Journal

No abstract provided.

Equal Protection And Attempts To Avoid "State Action"

Indiana Law Journal

No abstract provided.

Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.

Washington and Lee Law Review

No abstract provided.

Constitutional Law—Recovery Of Damages For Breach Of Racial Restrictive Covenant In Deed As Violative Of Fourteenth Amendment. [California], Donald S. Latourette

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Freedom Of Assembly-Equal Protection Of The Law, S. I. Shuman

Michigan Law Review

The ordinance here involved prohibited any person from addressing a political or religious meeting in any public park. At a meeting involving no disturbances or breaches of the peace, plaintiff, a Jehovah's Witness, was arrested when he addressed a meeting in a public park. The state supreme court upheld a conviction under the ordinance. Held, reversed. The principal case is on all fours with Niemotko v. Maryland. The state conceded at oral argument that the meeting was a religious one and that the ordinance as construed and applied did not prohibit church services in the park. Therefore, since …

Constitutional Law-Equal Protection-Use Of Property And Poll Tax Lists For Selection Of Jurors, Alfred W. Blumrosen S.Ed

Michigan Law Review

Brown, a Negro, was convicted of a capital offense in Forsyth County, North Carolina. Having exhausted his state remedies, he petitioned the federal district court for a writ of habeas corpus alleging, inter alia, systematic discrimination against Negroes serving on grand and petit juries. This discrimination was claimed to result from the use of property and poll tax lists as sources from which to draw jury panels. The district court denied his petition and was affirmed by the court of appeals. On certiorari to the United States Supreme Court, held, affirmed. The use of property and poll tax lists …

Constitutional Law-Equal Protection-Alien Land Law Violates Fourteenth Amendment, Sherman A. Itlaner S.Ed.

Michigan Law Review

Plaintiff, an alien Japanese, appealed from a judgment declaring an escheat of land purchased by him to the state pursuant to the California Alien Land Law prohibiting aliens ineligible for citizenship from holding land. On appeal, held, reversed. The Alien Land Law is unconstitutional under the equal protection clause of the Fourteenth Amendment as an "instrument for effecting racial discrimination . . . [ with] no circumstances justifying classification on that basis." Sei Fujii v. State, 38 Cal. (2d) 718, 242 P. (2d) 617 (1952).

Whom We Shall Welcome: Report Of The President's Commission On Immigration And Naturalization., Richard D. Rohr S.Ed.

Michigan Law Review

A Review of WHOM WE SHALL WELCOME: REPORT OF THE PRESIDENT'S COMMISSION ON IMMIGRATION AND NATURALIZATION. Washington, D.C.: Superintendent of Documents, U.S. Government Printing Office.

A Note On Racial Restrictions, William R. Kinney

Cleveland State Law Review

In view of the holding in the Shelley case, can the grantor in a deed have recourse to the courts to enforce a stipulated penalty contained in a discriminatory racial covenant (such as payment of damages or forfeiture of title) if the enforcement of such penalty does not directly involve the constitutional rights of third persons?

Constitutional Law-Equal Protection-Damage Action For Breach Of Racial Restrictive Covenant, Richard W. Pogue S.Ed.

Michigan Law Review

Plaintiffs sued at law to recover damages for breach of a racial restrictive covenant, alleging that defendants violated the covenant by conveying restricted property to persons of the Negro race and placing them in possession and occupancy. The circuit court granted defendants' motion to dismiss. On appeal, held, affirmed. The Fourteenth Amendment prevents the maintenance of an action for breach of racial restrictive covenants. Phillips v. Naff, (Mich. 1952) 52 N.W. (2d) 158.

Constitutional Law-Fourteenth Amendment Equal Protection Segregation In Recreational Facilities Furnished By A Municipality, James S. Taylor S. Ed.

Michigan Law Review

The plaintiff, a Negro, was denied admission to a municipal golf course under an ordinance setting aside certain public parks for the exclusive use of Negroes, and providing that all other public parks were for the exclusive use of white people. Only the public parks provided for the "whites" had golf courses, though in all other respects the park facilities offered were substantially equal. The plaintiff brought an action in a federal district court for a declaratory judgment as to his civil rights and for an injunction protecting such rights. The injunction was denied on the grounds that the facilities …

Political Points: A Bulletin Of Opinion To Clarify And Organize Volume Iii, Number 4 - September 1952, Communist Party

Ina and Noel Harris Collection

Political pamphlet written by the Communist Party, 1st Congressional District [California]

Political Points - A Bulletin of Opinion To Clarify and Organize

Volume III, Number 4

September 1952

September 30, 1952

Santa Rosa, California

-Gen. Van Fleet

-March of 1951

-USSR Embassy

-Santa Rosa Press Democrat

-South Africa

-Gen. Sir Gerald Templer

-British High Commisioner

-Congressman Usher Burdick

-Vincent Hallinan

-Carl Sullivan

-Gen. Daniel Hudelson

-Mrs. Charlotta Bass

-Reuben Borough

-William Knowland

Editor: Francis G. Fink

PO Box 664, Santa Rosa

PO Box 79, Sausalito

PO Box 707, Eureka

Changing Attitudes Toward Freedom, John Lord O'Brian

Washington and Lee Law Review

No abstract provided.

The Unhappy History Of Civil Rights Legislation, Eugene Gressman

Michigan Law Review

The enforcement by federal legislation of the constitutional right of individuals is a story written largely in terms of confusion, distortion and frustration. Seldom, if ever, have the power and the purposes of legislation been rendered so impotent. Indeed, this story constitutes one of the saddest chapters in the historic struggle to effectuate the American ideal of freedom and equality for all.

Freedom Of Attention For Transit Riders, William C. Beatty

Washington and Lee Law Review

No abstract provided.

Constitutionality Of Residential Segregation Ordinances, James S. Kostas

Kentucky Law Journal

No abstract provided.

Western Union Telegram To Mr. Virgil D. Hawkins, Registrar

Documents

During his struggle to gain entry to the University of Florida College of Law, Mr. Hawkins never applied to Florida A & M for law school. Nevertheless, he was notified, by telegram, that his "application for admission" was approved and he was given instructions to register for classes for the fall semester, 1951.

Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates

Michigan Law Review

An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment. The supreme court of New York, special term, held the law unconstitutional; the appellate division …

The Supreme Court And Civil Liberties, Paul A. Freund

Vanderbilt Law Review

The evolution of the enforcement of First Amendment guarantees under the aegis of the Fourteenth is an interesting study in the throwing up of bridges before and the burning of them behind, characteristic of juridical-advance. The protection of property and of liberty of contract had long since been assured under decisions applying'the Fourteenth Amendment. The interests of a teacher and of a private school, challenging interference with their pursuits, were well calculated to furnish the span between proprietary and forensic rights. When the span was crossed the newly taken ground provided a new base for advance. Freedom of speech, recognized …

Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …

Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …

Civil Rights Act: Emergence Of An Adequate Federal Civil Remedy?

Indiana Law Journal

No abstract provided.

Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant's conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant's claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on …

Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson

Washington and Lee Law Review

No abstract provided.

Constitutional Law—Damages Judgment For Breach Of Racial Restrictive Covenant As Violation Of Fourteenth Amendment. [Weiss V. Leaon, Mo. 1949]

Washington and Lee Law Review

No abstract provided.

The Law Against Discrimination In Employment, Frank P. Helsell

Washington Law Review

During its 1949 session, the legislature of the state of Washington enacted Chapter 183, a law known as "The Law against Discrimination in Employment." That law follows in a general way the form and the substance of the New York law entitled, "Law against Discrimination," enacted in 1945, but the authors of the Washington Act adopted some of the provisions of the Connecticut Act relating to procedure. Note will be taken of differences between the Washington law and the law of other states having similar legislation. The Washington law declares that practices of discrimnation because of race, creed, color, or …