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Articles 11851 - 11880 of 11932
Full-Text Articles in Entire DC Network
Constitutional Law-State Court Enforcement Of Race Restrictive Covenants As State Action Within Scope Of Fourteenth Amendment, John A. Huston S.Ed.
Constitutional Law-State Court Enforcement Of Race Restrictive Covenants As State Action Within Scope Of Fourteenth Amendment, John A. Huston S.Ed.
Michigan Law Review
The current housing shortage with the overcrowded living conditions and substandard accommodations which it imposes on the most numerous classes of society has made particularly significant in the competition for housing areas the discriminations generally enforced against negroes and other racial minority groups. Both normal population growth and the suspension of new construction during the great depression and the late war have contributed to an emergency in which the circumstances of our negro population are materially worse than those of any other group. Aggravating this result has been the shift in negro population occasioned by the wartime demand for industrial …
Constitutional Aspects Of Federal Anti-Poll Tax Legislation, Joseph E. Kallenbach
Constitutional Aspects Of Federal Anti-Poll Tax Legislation, Joseph E. Kallenbach
Michigan Law Review
The proposal to abolish by national law the requirement now prevailing in seven Southern states that voters shall have paid a poll tax in order to vote in any national election involves a constitutional issue of the first magnitude. In the decade immediately following the Civil War the constitutional division of authority between the national and state governments in dealing with the question of Negro suffrage became a point of bitter controversy in Congress. Out of this struggle came the Fourteenth and Fifteenth Amendments to the Constitution, with certain supporting legislation, the aim of which was to prohibit disfranchisement of …
Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.
Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.
Michigan Law Review
Appellant, a passenger on a motor common carrier, was traveling from Virginia to Baltimore. Pursuant to a Virginia statute requiring all passenger motor carrier vehicles to "separate without discrimination the white and colored passengers in their motor busses so that contiguous seats will not be occupied by persons of different races at the same time" the driver of the carrier upon which appellant was traveling requested her to vacate her seat so that it could be used by a white passenger. She refused and was arrested and convicted under authority of a statute punishing such refusal. The Virginia Supreme Court …
Federal Courts--Jury Selection--Exclusion Of Wage Earners, John R. Dykema
Federal Courts--Jury Selection--Exclusion Of Wage Earners, John R. Dykema
Michigan Law Review
In an action for personal injuries, removed to a federal court, petitioner, a salesman, demanded a jury trial. He moved to strike out the entire panel, alleging that "mostly business executives or those having the employer's viewpoint are purposely selected on said panel . . . [thus] discriminating against other occupations and classes." The evidence showed that the clerk of the court and the jury commissioner had as a matter of practice excluded from the jury list all persons working for a daily wage. They gave as their reason the fact that such persons, called for jury service, invariably requested …
Constitutional Law—Validity Of State Statute Requiring Racial Segregation Of Passengers In Interstate Commerce. [United States Supreme Court], John L. Dorsey Jr.
Constitutional Law—Validity Of State Statute Requiring Racial Segregation Of Passengers In Interstate Commerce. [United States Supreme Court], John L. Dorsey Jr.
Washington and Lee Law Review
No abstract provided.
Property—Effect Of Change Of Neighborhood On Enforceability Of Covenants Restraining Alienation To Negroes. [North Carolina], Francis W. Flannagan
Property—Effect Of Change Of Neighborhood On Enforceability Of Covenants Restraining Alienation To Negroes. [North Carolina], Francis W. Flannagan
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Protection Of Civil Liberties-Federal Criminal Prosecution Of State Police Officers-Constitutionality And Construction Of Section 20 Of Criminal Code, George Brody
Michigan Law Review
In United States v. Classic the Civil Liberties Unit of the Department of Justice resurrected the long dormant section 20 of the United States criminal code to prosecute successfully election officials in Louisiana for altering and falsely counting ballots cast in a Louisiana primary for representatives to Congress. Although the acts of the defendants were also in violation of state law the court asserted that "misuse of power possessed by virtue of state law and made possible only because the wrongdoer is clothed with authority of state law, is action taken under color of state law" and therefore within the …
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
Michigan Law Review
The United States Supreme Court has in recent years been supplying fascinating material for students interested in the interplay of personal and institutional factors in the judicial decision-making process. Contrary to the more restrictive practices of some other legal systems, the traditions of the American judiciary have never insisted that justices sitting en banc should hide the existence of division among themselves behind a facade of pretended unanimity. Justices who dissent from a decision of their brethren have been permitted to say so, and to give their reasons. This practice has had an immeasurably great effect in facilitating the growth …
Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee
Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee
Michigan Law Review
This paper is concerned with the rules found in our state constitutions for apportionment of representation in the state legislature. It does not attempt to solve the problems of high-tension politics that are involved in the making and remaking of such rules; it goes no deeper than an exposition of existing rules. Even on this level it is not exhaustive. Since the constitutions exhibit manifold variations, from simple directions which are scarcely more than a declaration of policy to complex rules for the formation of districts, no attempt will be made to classify all the different types of provisions. With …
The Constitution Of The State Of Missouri : Adopted By The People On February 27, 1945, With Annotations And Appendix Comparing The Provisions Therein With The Provisions In The Constitution Of 1875, As Amended And In Force On That Date / Compiled And Edited By Lester G. Seacat, 1945.
Missouri Constitutional Sections Related to Race and Education
No abstract provided.
The Privilege Of A Negro Citizen To Vote In A Primary
The Privilege Of A Negro Citizen To Vote In A Primary
Indiana Law Journal
Notes and Comments: Constitutional Law
Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown
Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown
Michigan Law Review
The petitioner, Lonnie E. Smith, a Negro citizen of Harris County, Texas, brought suit for damages against election judges who refused to give him a ballot or to permit him to cast a ballot in the primary election of July 27, 1940, for the nomination of Democratic candidates for federal and state officers. The refusal was alleged to have been solely because of Smith's race and color and consequently violated sections 31 and 43 of title 8 of the United States Code by depriving Smith of rights secured under provisions of the Federal Constitution. The District Court of the United …
Covenants-Restrictions Upon The Use Of Land-Negroes
Covenants-Restrictions Upon The Use Of Land-Negroes
Michigan Law Review
Many years ago a subdivision in Detroit was platted, with recorded building restrictions. When ready for the sale of lots, the intended high character of the subdivision and its desirability for expensive residences was much advertised. An association, an informal organization of some of the owners of houses in the subdivision, assumed the right to pass upon the desirability of prospective lot purchasers, and there was some indication that the person who advertised and marketed most of the lots verbally agreed to submit to the association the names of prospective purchasers and assured some intending purchasers that colored persons would …
Discretionary Action Of Park Board In Excluding Negro Golfers Not Subject To Mandamus - Board Of Park Commissioners Of Baltimore City V. Murphy
Maryland Law Review
No abstract provided.
The Virginia Bill Of Rights, Leonard C. Helderman
The Virginia Bill Of Rights, Leonard C. Helderman
Washington and Lee Law Review
No abstract provided.
Carriers - Common Carriers - Segregation Of Races - Discrimination, John C. Johnston
Carriers - Common Carriers - Segregation Of Races - Discrimination, John C. Johnston
Michigan Law Review
Plaintiff, a negro, had purchased a railroad ticket entitling him to first class accommodations from Chicago, Illinois to Hot Springs, Arkansas. When the train entered Arkansas, the conductor, in purported compliance with an Arkansas statute requiring segregation of colored from white persons forced plaintiff to leave the Pullman car and ride in the second-class car set aside for colored passengers. Plaintiff alleged that this car was not equipped with the same conveniences which were provided for white passengers traveling first class, and he filed a complaint with the Interstate Commerce Commission claiming that he had been discriminated against in violation …
Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively
Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively
Michigan Law Review
Some 500 frontage owners in a certain described residential district entered into mutual covenants which stipulated against the sale to, or occupation of, such land by negroes. In an action to enjoin a breach of one of these covenants the defense was asserted that a condition precedent requiring ninety-five per cent of the frontage owners to sign the agreement had not been performed. On a trial of the merits it was found that only about fifty-four per cent of the frontage owners had actually signed. However, in a prior action, an owner, on behalf of herself and other like property …
Race Segregation In Cities, Major Gardner
Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman
Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman
Michigan Law Review
The long-term security of civil liberties in the United States must in the end depend upon the spirit and attitude of the public. Many violations of these rights never reach the stage of justiciable issues. But even when they do, public sentiment is often reflected in the courts. Especially is this true in the state courts, which are often too near local prejudices and entrenched mores to withstand their effect. This situation was recognized as long ago as the Reconstruction Era, when the various civil rights acts provided for federal protection of civil liberties. Apparently it was felt that from …
A Lawyer Looks At Liberty, Clarence E. Manion
A Lawyer Looks At Liberty, Clarence E. Manion
Indiana Law Journal
No abstract provided.
National Defense And Individual Liberties, Wilbur G. Katz
National Defense And Individual Liberties, Wilbur G. Katz
Indiana Law Journal
Dean Wilber G. Katz, University of Chicago Law School at the annual banquet of the Indiana State Bar Association, Fort Wayne, August 24, 1940.
Missouri Supreme Court; Respondents' Brief On Second Hearing; May Term 1939
Missouri Supreme Court; Respondents' Brief On Second Hearing; May Term 1939
Case Materials
No abstract provided.
Constitutional Law - Equal Protection Of The Laws - Exclusion Of Negro From Law School Of State University, Fred C. Newman
Constitutional Law - Equal Protection Of The Laws - Exclusion Of Negro From Law School Of State University, Fred C. Newman
Michigan Law Review
Petitioner, a negro, was refused admission to the law school of the State University of Missouri solely upon the ground of his race. While the state of Missouri assumed to provide reasonable tuition fees for the legal education of negro residents of Missouri in other states and possibly contemplated providing opportunities for professional training for negroes within the state at some future date, it did not provide for any instruction in law for negroes within the state. The Supreme Court of Missouri affirmed the judgment of the circuit court quashing an alternative writ of mandamus and denying a peremptory writ …
Constitutional Law--Fourteenth Amendment--Racial Segregation For The Purposes Of Education, John B. Breckinridge
Constitutional Law--Fourteenth Amendment--Racial Segregation For The Purposes Of Education, John B. Breckinridge
Kentucky Law Journal
No abstract provided.
Municipal Corporations - Official Misconduct As Ground For Removal Of Officer, Leonard D. Verdier Jr.
Municipal Corporations - Official Misconduct As Ground For Removal Of Officer, Leonard D. Verdier Jr.
Michigan Law Review
Plaintiff, a member of the council of the city of Highland Park, Michigan, was removed by the council, as provided in the charter because of membership in the Black Legion. The Black Legion was a secret society founded on principles of racial, religious, and political discrimination. Its members took an oath to further these purposes by any means ordered by the officers of the organization, including violence and terrorism. Members were forbidden to expose the organization under penalty of death, and membership was supposedly permanent. The council found that membership in such a society rendered Wilson incompetent to perform the …
United States Supreme Court; Respondents' Supplemental Brief To U.S. S. Ct. Decision; October Term 1938
Case Materials
No abstract provided.
United States Supreme Court; Decision; October Term 1938, Chief Justice Hughes
United States Supreme Court; Decision; October Term 1938, Chief Justice Hughes
Case Materials
No abstract provided.
United States Supreme Court; Bound Copy Of Petition Of Respondents' For Rehearing; October Term 1938
United States Supreme Court; Bound Copy Of Petition Of Respondents' For Rehearing; October Term 1938
Case Materials
No abstract provided.
United States Supreme Court; Respondents' Brief In Opposition To Petition For Certiori; October Term 1938
Case Materials
No abstract provided.
Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann
Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann
Michigan Law Review
Two recent Supreme Court decisions, interpreting the Norris-LaGuardia Act at its most troublesome area, confirm the Congressional revision of the rules governing scrimmages between capital and labor in the federal courts. In holding in Lauf v. Shinner that the struggle by an outside union for unionization of a shop, none of whose employees were affiliated with the organizing union, and in New Negro Alliance v. Sanitary Grocery Co. that agitation by members of a negro racial protective organization to compel employment of negro workers were "labor disputes" within the meaning of section 13, the Supreme Court has substantially put to …