Law Commons^™

New York City School Decentralization, Barry D. Hovis

University of Michigan Journal of Law Reform

The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …

Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira

Michigan Law Review

The Article will begin with a discussion of the School Segregation Cases which have been invoked both to sustain and to invalidate corrective racial classification. It will then review federal discrimination against Japanese-Americans and against Indians, as well as the more obscure discrimination found in immigration and naturalization laws. It will also consider, in some detail, the paradoxical rules governing the discriminatory selection of jurors and, in lesser detail, the cases dealing with domestic relations and racial designations. A concluding section will discuss black separatism and general policy matters relating to the correction of imbalance in the schools. The Article …

Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review

Michigan Law Review

The concept of the local draft board is based on the theory that selection of persons for compulsory military service can be accomplished most fairly by small groups of neighbors of those who are to serve. As the National Office of the Selective Service recently stated: "Because of its comparatively long association with a registrant and knowledge of what he has done, the local board is relatively well qualified to evaluate his ability to perform," A corollary to this basic theory is that a more flexible selection process evincing greater sensitivity to the problems of individual registrants can be achieved …

The School Desegregation Cases In Retrospect—Some Reflections On Causes And Effects, Yale Kamisar

Book Chapters

Recently, when asked to give a lecture on appellate advocacy, Justice Thurgood Marshall reminded his audience what Judge Benjamin Cardozo had once said: "The great tides and currents which engulf the rest of men do not turn aside in their course and pass judges by." An outstanding example, he might have added, is Brown v. Board of Education.

In a sense, the significant changes which have occurred in the Black man's status in the last two decades had their beginnings in the rise of numerically, and hence politically, important Black communities in the North. For the importance of civil rights …

Comment On Powell V. Mccormack, Terrance Sandalow

Articles

The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …