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The Desegregation Opinion Revisited:Legal Or Sociological?, Morris D. Forkosch
The Desegregation Opinion Revisited:Legal Or Sociological?, Morris D. Forkosch
Vanderbilt Law Review
It is the thesis of this article that the Supreme Court, regardless of its decision for or against the state laws, had the judicial ability and jurisdiction to render the opinion in the Desegregation Case of 1954. A distinction is drawn here between the judicial power to decide a case regardless of any attendant consequences, and the reasons given for that decision. When reasons which were supposedly valid seventy years ago are now rejected, there is nothing illogical in this rejection so long as the Court still adheres to the identical procedure used earlier; but when the substance within the …
The Supreme Court And Racial Discrimination, George W. Spicer
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.