Digital Commons Network^™

Rutledge And Civil Liberties, W. Howard Mann

Indiana Law Journal

No abstract provided.

Freund: On Understanding The Supreme Court., Michigan Law Review

Michigan Law Review

A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.

Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.

Michigan Law Review

Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man.

Mr. Justice Murphy And Civil Rights, Thurgood Marshall

Michigan Law Review

There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …

Interracial Marriage: A Survey Of Statutes And Their Interpretations, Edward T. Wright

Mercer Law Review

Laws prohibiting interracial marriages and interpretations of such laws have caused much confusion for lawyers, law students, and sociologists. Most discussion concerning this subject is based purely upon hearsay without reference to statutes or cases. A survey of the statutes prohibiting interracial marriages and decisions interpreting those statutes and a study of the effect of violating such statutes should aid in clarification. Only by understanding the present policy of the states and the reasons for such policy is it possible to make any intelligent speculation as to the future of this phase of the law.

1st Congressional District - Special Election (1949), Communist Party

Ina and Noel Harris Collection

Politcal pamphlet written by Communist Party, 1st Congressional District [California] - advocating to "Vote for Schools and Old Age Pensions"

Editor: Francis G. Fink

PO Box 664, Santa Rosa

PO Box 79, Sausalito

PO Box 707, Eureka

Constitutional Law—Enforceability Of Racial Restrictive Covenants By Court Action. [United States Supreme Court], William H. Wade

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis

Michigan Law Review

Petitioners, a female white and a male Negro, applied to respondent, county clerk of Los Angeles County, for a marriage license. Respondent refused to issue the license, relying on sections 60 and 69 of the California Code. Petitioners brought a mandamus proceeding to compel respondent to issue the license, contending that the statutes relied on by respondent were unconstitutional in that they prohibited the free exercise of their religion. Held, in a four to three decision, the statute is unconstitutional. Three justices of the majority found that the statute violated the equal protection clause of the United States Constitution …

Corporations-Nonprofit Corporations-Expulsion Of Member By Board Of Directors, Paul W. Eaton, Jr.

Michigan Law Review

The board of directors of defendant, a nonprofit corporation, passed a resolution that persons should not be denied membership on racial, religious or political grounds. Plaintiff, a branch member of defendant, had enacted by-laws denying Negroes admission to its group. Defendant's board declared plaintiff's by-laws were in conflict with the resolution and threatened to expel plaintiff branch if its by-laws were not amended. Plaintiff brought suit to enjoin defendant from carrying out its threat. Held, injunction granted. No national by-law required admission of all races to membership in branches, nor did the national directors have power to expel a …

Federal Civil Rights Legislation And The Constitution, Frank K. Sloan

South Carolina Law Review

No abstract provided.

Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang

Washington Law Review

On May 3, 1948 the Supreme Court of the United States handed down two decisions prohibiting judicial enforcement of racial restrictive covenants on real property. It has been a peculiar feature of American life that residential segregation of designated minority groups from certain prescribed areas is a common practice in all major cities. This policy of racial discrimination at first was enforced by municipal ordinance, beginmng with that of Baltimore in 1910, and quickly followed by Atlanta, Richmond, Louisville, and other cities, until it was held unconstitutional by the Supreme Court in 1917. Thereafter restrictive covenants became the principal weapon …

Constitutional Law - Anti-Lynching Legislation, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.

Michigan Law Review

Despite progress in recent years toward the elimination of lynching, the demand for adequate federal legislation to cope with the problem is unabated. For almost three decades Congress has considered a succession of anti-lynching bills, most of which have been favorably reported by committees. None has become law. Legislators and others opposing the enactment of a federal anti-lynching act have placed primary reliance on an asserted lack of constitutionality. It is argued that lynching is merely local crime within the scope of the power and responsibility of the states to enforce their own criminal law. The purpose of this comment …

Peremptory Challenging Of Negro Veniremen As Discrimination Against Negro Criminal Defendant

Indiana Law Journal

Recent Cases: Juries

Modern Trends In The Judicial Concept Of The Relation Between Citizenship And The Suffrage, William David Stout

Kentucky Law Journal

No abstract provided.

Segregation Of Passengers On Common Carriers On Basis Of Race, J. R. Richardson

Kentucky Law Journal

No abstract provided.

Federal Protection Of Civil Rights-Quest For A Sword, By Robert K. Carr; To Secure These Rights: Report Of The President's Committee On Civil Rights, By The Committee, Ernest R. Baltzell

Indiana Law Journal

No abstract provided.

Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.

Michigan Law Review

The highest courts of Missouri and Michigan, and the Court of Appeals for the District of Columbia, had held that restrictions against occupancy of land by negroes were enforceable by injunction. On certiorari, held, reversed. Enforcement of such restrictions by state courts constitutes a denial of equal protection of the laws. Enforcement by courts of the District violates the Civil Rights Act of 1866, and also it is contrary to the public policy of the United States to allow a federal court to enforce an agreement which a state court could not constitutionally enforce. Shelley v. Kraemer, (U.S. …

Book Reviews, H. C. Nixon, L. Dale Coffman, George W. Stocking, Victor C. Heck, Constantine G. Belissary

Vanderbilt Law Review

TO SECURE THESE RIGHTS

The Report of the President's Committee on Civil Rights with An Introduction

by Charles S. Wilson, Committee Chairman.

New York: Simon and Schuster, 1947. Pp. xii, 178. $1.00..

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ROSCOE POUND

By Paul Sayre

Iowa City: College of Law Committee

State University of Iowa, 1948. Pp. 412. $4.50.

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A NATIONAL POLICY FOR THE OIL INDUSTRY

By Eugene V. Rostow

New Haven: Yale University Press, 1948. Pp. XVI, 173. $2.50.

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THE TRADE OF NATIONS

By Michael A. Heilperin

New York: Alfred A. Knopf, 1947. Pp. xix, 234. $3.00.

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AMERICA'S ECONOMIC SUPREMACY

By Brooks Adams …

Constitutionality Of The Proposed Regional Plan For Professional Education Of The Southern Negro, Clyde L. Ball

Vanderbilt Law Review

It is the purpose of this comment to consider the constitutional questions involved in current plans for establishing in the South regional schools where Negroes may obtain a professional education. Politically and socially the problem of Negro education is dynamic and dynamitic, and no attempt will be made here to discuss or argue the points involved from a sociological point of view. Rather the purpose here is to consider the question from its narrow legal aspect; social considerations will be noticed only insofar as may be necessary to the discussion of the legal problems.

Constitutional Law -Equal Protection - California Alien Land Law, J. R. Mackenzie

Michigan Law Review

A Japanese alien paid for some agricultural land in California which was conveyed to his seven-year-old citizen son. All records indicated that the son owned the land, although the father, his guardian, managed it. The California Alien Land Law prohibits ownership of any interest in agricultural land by aliens ineligible for citizenship. Property acquired in violation of the statute escheats as of the date of acquisition as does land transferred "with intent to prevent, evade, or avoid escheat." This intent is presumed prima facie whenever an ineligible alien pays the consideration for a transfer of land to one who may …

Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.

Michigan Law Review

The right of the negro to vote has constantly been challenged in attempts to destroy or at least to control the exercise of that right. The Fifteenth Amendment secures the right to vote free from interference on a racial basis by the states or the national government. In the states where there is a large negro population varied efforts have been attempted in order to control and nullify the negro vote. These efforts have been manifested in various forms-the grandfather clause, property ownership requirements, the poll tax, character tests, and literacy tests.

Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed.

Michigan Law Review

Appellant owns and operates two steamships for transportation of its patrons between Detroit and Bois Blanc Island, part of the Province of Ontario, Canada. The island is owned by appellant and operated as an amusement and recreation center for the people of Detroit. For refusal to transport a negro girl, appellant was prosecuted and convicted under the Michigan Civil Rights Act which provides that "All persons within the jurisdiction of this state shall be entitled to full and equal accommodations . . . facilities and privileges . . . of public conveyances on land and water . . . ," …

Carr: Federal Protection Of Civil Rights: Quest For A Sword, Michigan Law Review

Michigan Law Review

A Review of FEDERAL PROTECTION OF CIVIL RIGHTS: QUEST FOR A SWORD. By Robert K. Carr.

Constitutional Law-Fourteenth Amendment-Equal Protection Of The Laws-Racial Segregation In Public Educational Institutions, Neal Seegert S.Ed.

Michigan Law Review

Segregation of races, particularly separation of white and colored races, has long been condoned by American courts as permissible under the Fourteenth Amendment to the Constitution of the United States. Underlying the traditional view is the idea that the equal protection clause is not violated by segregation so long as equal facilities are provided for both races. On this basic premise a large number of jurisdictions, particularly the southern states, have predicated constitutional provisions and statutory enactments compelling racial segregation, while a number of other states where segregation has not been forbidden by express constitutional or statutory provision have achieved …

Constitutional Law—States' Obligations Under The Equal Protection Clause To Furnish Educational Facilities To Negroes. [United States Supreme Court], Enos Rogers Pleasants Jr.

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Civil Rights-Denial Under Color Of State Law Of Right To Serve On Federal Jury, William J. Schrenk, Jr.

Michigan Law Review

Plaintiff, a probationary high school teacher, was dismissed by the Board of Education of New York City upon the complaint of Keyes, the principal of her school, that she was absent from her duties for almost a month while serving on a federal jury. The state commissioner of, education and the state court denied her appeal for reinstatement, on the ground that her status under New York law was merely probationary. Plaintiff sued defendant Keyes in the federal district court, to recover damages under the Civil Rights Act for the deprivation of a right secured to her by the law …

Equal Protection Clause And Nepotism

Indiana Law Journal

Constitutional Law Note

The "Anti-Hate" Act, Lloyd C. Wampler

Indiana Law Journal

Indiana Legislation, 1947

Torts-Right Of Privacy-Invasion Of Privacy Through Fictional Works, Ira M. Price, Ii

Michigan Law Review

The New York Civil Rights Law prohibits the use of a person's name, portrait, or picture without his consent in writing, for advertising or trade purposes, under penalty of civil and criminal liability. Plaintiff, senior civil affairs officer of the American Military Government in the town of Licata, Sicily, during its occupation by Allied Armies of World War II, brought suit under the statute against the author of the book "A Bell for Adana," and others, alleging that he occupied the position of the book's and play's principal character, "Major Victor Jappolo" in the fictitiously named town of Adano; and …