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Civil Rights and Discrimination

Fordham Law School

Journal

Constitution

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus Jan 2004

Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus

Fordham Urban Law Journal

This article discusses the Austrian Constitutional Court's 1931 decision in which it held that the University of Vienna's regulations dividing students into ethnically based groups was unconstitutional. The article compares the similarities and differences between this case and later critical American equal opportunity cases including Brown v. Board of Education and suggests that an understanding of the current racial challenges is most effective by examining both global and American perspectives. This article explores the balance between maintaining universities autonomy and ensuring that racism does not foster in an institution free from judicial intervention. In discussing two cases, this article points …


Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp Jan 1976

Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp

Fordham Urban Law Journal

The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …