Law Commons^™

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …

Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review

Michigan Law Review

This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.

The Ideological Assault On America, Lewis F. Powell, Jr.

Powell Speeches

Powell spoke about political revolution on college campuses. The occasion was the annual convocation address at Longwood College, Farmville, Virginia.

The Future Of America And The Role Of Law, Ray Forrester

Vanderbilt Law Review

On August 22, 1970, Dean Ray Forrester of the Cornell Law School presented this paper to the Southeastern Conference of the Association of American Law Schools and the American Association of Law Libraries meeting in Nashville, Tennessee. Because the question of negativism in the academic community seldom has been raised by a highly respected legal educator, the Vanderbilt Law Review felt that these remarks were particularly significant. To test the reaction of other prominent legal educators to Dean Forrester's position, the Vanderbilt Law Review solicited the comments of the deans of various law schools. This paper and the comments that …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

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Criminal Procedure--Search and Seizure--Warrantless Search of …

Order To Show Cause, United States District Court, Southern District Of New York

Post-Trial Proceedings

Order for Preliminary Injunction Regarding Plaintiff's Personal Hygiene and Dietary Needs

Civil Rights Act Of 1964: Racial Discrimination And Union Membership, Paul Seward Trible Jr.

Washington and Lee Law Review

No abstract provided.

Prior Restraints On Demonstrations, Vince Blasi

Michigan Law Review

The starting point for the analysis that follows is the belief that new constitutional doctrine--both substantive and procedural--is urgently needed. That conclusion rests on two critical assumptions--assumptions which may not be shared by others who read history differently, or who have had different personal experiences regarding prior restraints on demonstrations, or who have different behavioral impressions based on observation and conversation, or best of all, who have quantitative data on the problem.

Effective Representation And Multimember Districts, Michigan Law Review

Michigan Law Review

The Supreme Court has not decided a case involving an assertion of the claim that a multimember district denies the right of effective representation since Fortson and Burns. However, there have been several subsequent challenges in lower courts to the validity of such districts, and these challenges have generally failed because the factual evidence did not demonstrate conclusively that the voting strength of a legally cognizable racial or political element had been minimized or cancelled. In Chavis v. Whitcomb, however, a three-judge federal district court in Indiana found that the plaintiff had presented sufficient factual evidence to sustain …

Political Warfare, Lewis F. Powell Jr.

Powell Speeches

Lewis F. Powell Jr. prepared this paper and submitted it to President Richard M. Nixon on a confidential basis while Powell served as a member of the President's Blue Ribbon Panel on National Defense.

Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review

Michigan Law Review

In granting the preliminary injunction, the district court found that plaintiffs were asserting a substantial constitutional claim and had a reasonable possibility of success. Balancing the equities of the parties, the court decided that the possibility of significant adverse effect on the Commissioner and schools awaiting tax benefits was not great and was in any event far outweighed by the harm which could result from a denial of the requested relief pendente lite. Thus, the court found that the threat of irreparable injury justified the issuance of a preliminary injunction. The propriety of the court's decision to grant a preliminary …

"Speech On Racial Equality In The United States", Julian Bond

Special Collections: Oregon Public Speakers

No abstract provided.

What Is "Right" About America, Lewis F. Powell Jr.

Powell Speeches

Powell gave this speech at the Leadership Banquet of the Key Club of Thomas Jefferson High School, Richmond, Virginia.

The Collective Struggle For The Negro Rights: 1915-1940, Randall Walton Bland

North Carolina Central Law Review

No abstract provided.

Is It In Fact A Private Club, F. Winston Polly

North Carolina Central Law Review

No abstract provided.

Student Confrontations: Are They Inevitable?, Hubert H. Humphrey

William & Mary Law Review

No abstract provided.

Constitutional Law - Civil Rights - Community Facilities Discrimination - Sullivan V. Little Hunting Park, Inc., 90 S. Ct. 400 (1969), Michael Mch. Collins

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

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Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

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Antitrust Remedies--State Given Standing to Sue as Parens Patriae

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Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

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Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

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Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

Foreward To The Symposium: The Campus Crisis, Robert H. Finch

William & Mary Law Review

No abstract provided.

The Usable Past: A Study Of The Harvard College Rebellion Of 1834, Robert A. Mccaughey

William & Mary Law Review

No abstract provided.

The University And Society, Edith Green

William & Mary Law Review

No abstract provided.

Campus Unrest: Illusion And Reality, Francis B. Smith

William & Mary Law Review

No abstract provided.

Civil Rights--Sham Private Clubs And Racial Discrimination, James Robert Gerchow

West Virginia Law Review

No abstract provided.

Review: Douglas, Points Of Rebellion, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice

University of Michigan Journal of Law Reform

Using Michigan as a vehicle for analysis because it has a student voting process representative of many states, this note seeks to accomplish four purposes: (1) an examination of the case law often underlying the presumption against student registrability; (2) an analysis of recent constitutional developments in the due process and equal protection areas as they relate to the particular problems posed by the student voter; (3) a survey of the competing local and student interests in the student vote issue; and (4) a conclusion regarding the likelihood that thwarted student voters can follow the paths of other disfranchised groups …

Evans V. Abney: Reverting To Segregation, David S. Bogen

Faculty Scholarship

No abstract provided.

Human Rights In The United States: Two Decades' Development, David S. Bogen

Faculty Scholarship

No abstract provided.

Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley

Buffalo Law Review

United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969), prob. juris. noted, 396 U.S. 812, 90 S. Ct. 92 (1969).

Comment, A Primer To Procedure And Remedy Under The Title Vii Of The Civil Rights Act Of 1964, Roger C. Hartley

Scholarly Articles

Title VII of the Civil Rights Act of 1964, Pub. L. 88-352, Title VII, July 2, 1964, 79 Stat. 253, 42 U.S.C. 2000e et seq. [Hereinafter cited as Title VII], is intended to eliminate employment discrimination because of race, color, religion, sex, or national origin. Title VII was enacted on July 2, 1964 but its substantive provisions did not take effect until July 2, 1965. Since that time, there have been more than two hundred published federal court decisions involving private enforcement actions brought under Title VII.

The single most significant impression one draws from reading the decisions in Title …

Evans V. Abney: Reverting To Segregation , David S. Bogen

Maryland Law Review

No abstract provided.