Law Commons^™

Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke

Michigan Law Review

Defendant unions under the authority of section 2, Eleventh of the Railway Labor Act obtained union shop agreements from defendant railroads. Non-union employees sought to enjoin enforcement of the agreements because the unions used periodic dues, fees, and assessments to support political doctrines and candidates opposed by plaintiffs. The trial court dismissed for failure to state a cause of action, but the Supreme Court of Georgia overruled the dismissal and remanded. The lower court then ruled that petitioners were denied constitutional liberties and issued the injunction. On appeal, held, affirmed. Enforcement of union shop contracts requiring employees to pay …

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Social Science Testimony In The Desegregation Cases - A Reply To Professor Kenneth Clark, Ernest Van Den Haag

Villanova Law Review (1956 - )

No abstract provided.

Discrimination In State University Housing Programs - Policy And Constitutional Consideration, William W. Van Alstyne

Faculty Publications

This paper examines several of the questions surrounding state universities’ relationships with local landlords who employ discriminatory practices. These questions include the privilege of state universities to enforce a policy of nondiscrimination and the prohibition against state universities placing students into segregated housing.

Constitutional Law- Equal Protection - Right To Counsel In Appeal By Indigent Person, Gertrude S. Rosenthal S.Ed.

Michigan Law Review

Following his conviction for assault with intent to commit rape, defendant gave notice of appeal. Declaring he was indigent but with meritorious grounds for prosecuting an appeal, he petitioned the appellate court for the appointment of counsel to present his case by brief and oral argument. No information concerning the defendant's age, education or experience was given by the petition, nor were specific grounds for review alleged. Appeal is a matter of right in criminal cases in the jurisdiction. Held, petition denied, two judges dissenting. No action will be taken until a transcript of the record is filed. The …

The Commission On Civil Rights, Marjorie Ward

Student Scholarship

This project explores the establishment and functions of the Commission on Civil Rights, a fact-finding body created by the Civil Rights Act of 1957. As the first significant civil rights legislation passed by Congress in over eighty years, the Act was a product of intense political compromise between proponents seeking robust federal protections and opponents who feared federal overreach. The Commission was specifically designed to investigate allegations of voting rights deprivations based on race, religion, or national origin, to study legal developments regarding equal protection, and to appraise federal policies. 

A primary focus of the document is the organization and …

The Desegregation Cases: Criticism Of The Social Scientist's Role, Kenneth B. Clark

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Variosu Editors

Villanova Law Review (1956 - )

No abstract provided.

The Supreme Court - October 1957 Term, Bernard Schwartz

Michigan Law Review

One of the fascinating new games being played by some law professors and others," declared an American Bar Association Journal editorial almost a decade ago, "is to compute the 'box scores' of the votes of justices of the Supreme Court in various important lines of cases."' The present article is not intended as an addition to the work of those engaged in this sort of "numbers game." However useful the statistical method may be in providing the empirical data upon which legal analysis can be based, it should be almost self-evident that its value as the key to the working …

Criminal Procedure--Right To Counsel Prior To Trial, G. D. G.

West Virginia Law Review

No abstract provided.

Constitutional Law - State Action - Imposing Criminal Penalties To Enforce Private Discrimination, Melvyn I. Mozinski S.Ed.

Michigan Law Review

Defendants, Negroes, entered a section of a private restaurant designated to be for "White" patrons only. Although they were denied service, they refused to comply with the proprietor's request to leave. Defendants were subsequently arrested by a police officer after declining his offer not to arrest if they would depart, and were tried for violation of the state's criminal trespass statutes. They were found guilty of a misdemeanor. On appeal, held, sustained. Defendants have no constitutionally protected right not to be discriminated against by an operator of a private enterprise. State v. Clyburn, 247 N.C. 455, 101 S.E. …

Desegregation And The Law, By Albert P. Blaunstein And Clarence Clyde Ferguson, Jr., John Honnold

Indiana Law Journal

No abstract provided.

Constitutional Law--Right To Counsel--Conflicting Interests Of Counsel As Ground For Reversal, T. E. P.

West Virginia Law Review

No abstract provided.

The Supreme Court And Racial Discrimination, George W. Spicer

Vanderbilt Law Review

The purpose of this essay is to consider the response of the Supreme Court of the United States to two general aspects of racial discrimination: first, discrimination as restrictive of political freedom and, second,discrimination as restrictive of the enjoyment of such social advantages as the acquisition and occupancy of real estate, transportation and education.

Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch

Michigan Law Review

A recent New York City ordinance is the first anti-discrimination legislation affecting the sale and rental of privately-owned housing to minority groups. The ordinance contains three principal provisions: It (1) forbids racial or religious discrimination by private owners in the selection of tenants or buyers for any "housing accommodation which is located in a multiple dwelling," (2) bans discrimination in the selection of purchasers by a seller of ten or more contiguous housing units, and (3) prohibits the owner or lessor of housing accommodations covered by the ordinance from discriminating because of race or religion in setting the terms of …

Civil Rights - Legislation - The Civil Rights Act Of 1957, Thomas R. Winquist S.Ed.

Michigan Law Review

It is the purpose of this comment to note the nature of the prior legislation in the civil rights area, the provisions of the new act and the effect of the new act upon civil rights protection.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

Civil Rights, Anon

Washington Law Review

Covers administrative prevention of racial discrimination—its expansion to most real property and business transactions.

Civil Liberties In The United States: A Guide To Current Problems And Experience, By Robert E. Cushman, Reginald Parker

Indiana Law Journal

No abstract provided.

The Effect Of Desegregation On Public School Bonds In The Southern States, James S. Gilliland

Vanderbilt Law Review

In the wake of Brown v. Board of Education' six recent cases arising in four states have involved a constitutional challenge to the validity of an issue of public bonds to finance segregated schools. In each case it was contended that bonds authorized and approved according to statute could not be validated or the proceeds used for a purpose now unconstitutional. Confronting this apparently meritorious contention was the impelling practical consideration of furthering public education in the already lagging South. Legal answers, embodying this equitable consideration, ranged from a plea to jurisdiction, to interpretation of a statute or bond, to …

My Native Grounds, Royal W. France, Jack C. Lane

Faculty Publications

In 1957, near the end of his life, Royal France, a Rollins College economics professor for over twenty years, published My Native Grounds, a memoir that chronicles his life of service and commitment in the first half of the twentieth century. His story, which provides insights and perspectives on American life during the first half of the twentieth century that only an active participant could furnish, will appeal to scholars of both Florida and national histories, particularly those interested in American civil liberties history. This exceptionally well written, readable memoir will appeal as well to the general reader who has …

What Law Cannot Do For Inter-Racial Peace, Karl N. Llewellyn

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Brown Decisions And The Advisory Opinion, Paul Saad

Kentucky Law Journal

No abstract provided.

Constitutional Law--Racial Discrimination--Denial Of Due Process, Beauchamp E. Brogan

Kentucky Law Journal

No abstract provided.

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

Letter To The Editor, Arthur R. Landever

Law Faculty Articles and Essays

Arthur Landever responds to a letter favoring segregation in the Newark Evening News.

Discrimination Against Minorities In The Federal Housing Programs

Indiana Law Journal

No abstract provided.

The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly

Michigan Law Review

Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …