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Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …

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 …

Legislative Problems Surrounding Racially Balanced Public Schools, James Bolner

Vanderbilt Law Review

For many years the political-legal attempts to implement the rights of the Negro minority in America have focused on the field of public education. It is the writer's view that current widespread confusion concerning the racial composition of public school populations forms a major obstacle to better racial relations.' This article is an examination of the ways in which the problem of racial concentrations of minorities in public schools has been met in a variety of forums: state legislatures, state and federal educational and civil rights agencies, and the United States Congress. The article is intended to enhance the reader's …

Book Review Of Comparative Constitutional Process, William F. Swindler

William & Mary Law Review

No abstract provided.

Duty To Provide Equal Protection: Police Officer's Liability For Non-Feasance Under Section 1983 Of The Federal Civil Rights Act, Stephen C. Eastham

Indiana Law Journal

No abstract provided.

Restoration Of Deprived Rights, Joseph H. Kelley

William & Mary Law Review

No abstract provided.

Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew

Michigan Law Review

A Review of Administrative Implementation of Civil Rights by Joseph Parker Witherspoon

Racial Discrimination In The Creation Of Charitable Trust, Millard A. Blake Jr.

North Carolina Central Law Review

No abstract provided.

Deficiencies In The Civil Rights Act Of 1964 Title Vii, Equal Employment Opportunity, Marvin House

North Carolina Central Law Review

No abstract provided.

This Is Our Challenge, Not Our Fate, Williams A. Marsh

North Carolina Central Law Review

No abstract provided.

Jones V. Alfred H. Mayer Co.: Judicial Activism Run Riot, Sam J. Ervin, Jr.

Vanderbilt Law Review

Those who make it their business to follow closely the work of the Supreme Court have noticed its tendency to save the most controversial decisions of the term for the last days in June, just before the Court recesses for the summer. One sometimes gets the impression that the Justices wish to be far away from the summer storms produced by these decisions, returning to Washington in the quieter days of the fall. Thus it was not surprising that the Court saved its decision in Jones v. Alfred H. Mayer Co. until June 17, 1968, and then promptly left town. …

Non-Discrimination In The Sale Or Rental Of Real Property, Edward W. Brooke, T. A. Smedley, Arthur Kinoy, Sam J. Ervin, Jr.

Vanderbilt Law Review

The final version of the Fair Housing title anticipates a more active role for the federal government in the areas not presently covered by state or prior federal law. There is a central distinction between the protection afforded by the Act and the Jones decision. Where the latter recognizes the right of citizens to have their rights adjudicated, the former recognizes that not every victim of discrimination is willing or can afford to undergo the difficulty and expense of private litigation. The Fair Housing Law therefore provides for certain types of federal initiative to guarantee those rights. At the same …

Jones V. Alfred H. Mayer Co.: An Historic Step Forward, Arthur Kinoy

Vanderbilt Law Review

The historic decision last June by the Supreme Court in Jones v. Alfred H. Mayer Co.,' reasserting for the first time in almost 100 years the constitutional mandate in the thirteenth amendment to abolish the badges and indicia of human slavery from all aspects of American society, has begun to meet with sharp criticism. This is, of course, no surprise. One might expect outcries from quarters of the country in which the far less abrasive vocabulary of Brown v. Board of Education still evokes memories of "Black Monday," "massive resistance" and "interposition.' What is perhaps more surprising is that the …

A Comparative Analysis Of Title Viii And Section 1982, T. A. Smedley

Vanderbilt Law Review

Future chroniclers of the struggle for racial justice in the United States may note with some perplexity that the federal government,after a century of cautiously eschewing the power to combat racially discriminatory practices in housing, suddenly in 1968 entered the battle on two fronts. On April 11, The Civil Rights Act of 1968, with its Fair Housing Title, became the law of the land. Just over two months later the Supreme Court in Jones v. Alfred H. Mayer Co.ruled, on the basis of earlier legislation, that refusal to sell housing because of the race of the prospective purchaser is unlawful. …

Constitutional Law—1866 Civil Rights Act Held Constitutional Under The Thirteenth Amendment, Howard E. Fenton

Buffalo Law Review

Jones v. Mayer Co., 392 U.S. 409 (1968).

Schwartz: Rights Of The Person, Hans A. Linde

Michigan Law Review

A Review of Rights of the Person by Bernard Schwartz

Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review

Michigan Law Review

Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …

Personal Freedom In A Time Of Change, John V. Lindsay

William & Mary Law Review

No abstract provided.

The American Negro Today, Fred R. Harris

William & Mary Law Review

No abstract provided.

Civil Disobedience, Dissent, And Violence - A Canadian Perspective, Maxwell Cohen

William & Mary Law Review

No abstract provided.

Crisis In Narcotics - Are Existing Federal Penalties Effective?, Mary M. Burnett

William & Mary Law Review

No abstract provided.

Tax Incentives As A Solution To Urban Problems, Lawrence M. Stone

William & Mary Law Review

No abstract provided.

Law Enforcement In The Administration Of Justice, James C. Corman

William & Mary Law Review

No abstract provided.

A Study Of Civil Disorder In Detroit, Elliot D. Luby, James Hedegard

William & Mary Law Review

No abstract provided.

"Black Heritage", Alex Haley

Special Collections: Oregon Public Speakers

No abstract provided.

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 …

Title Vii Of The Civil Rights Act: Four Years Of Procedural Elucidation, Francis T. Coleman

Duquesne Law Review

Title VII of the Civil Rights Act of 1964 has recently celebrated its fifth anniversary. While it is difficult at this point to assess the longrange impact which this controversial piece of civil rights legislation will have on employment and personnel policies throughout the country, it can be safely stated that the Act has thus far created a field day for the nation's lawyers. Perforce, both they and the judiciary have become fellow travelers along the tortuous paths which lead to ultimate enforcement of the Act's substantive guarantees.

Citizens, Police, And Polarization: Are Perceptions More Important Than Facts?, Robert J. Condlin

Faculty Scholarship

No abstract provided.

The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky

All Faculty Scholarship

No abstract provided.

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.