Civil Rights and Discrimination Commons^™

The Legacy Of Dred Scott: A Judge's Symposium, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.

Bangs And Whimpers Xxxix: The Legacy Of Dred Scott, Bruce Mcm. Wright

North Carolina Central Law Review

No abstract provided.

Boraas V. Village Of Belle Terre: The New, New Equal Protection, Michigan Law Review

Michigan Law Review

In Boraas v. Village of Belle Terre a group of unrelated college students who rented a home in Belle Terre challenged a zoning ordinance that limited home occupancy to persons related by blood, marriage, or adoption. The Court of Appeals for the Second Circuit, finding for the students, decided the case using a novel equal protection theory, and the Supreme Court reversed. This Note deals with the theory adopted by the Second Circuit, its sources, and its future in light of the subsequent Supreme Court opinion in San Antonio Independent School District v. Rodriguez and the Supreme Court's analysis of …

Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen

Michigan Law Review

In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …

The New Commandment, Roscoe Bryant

North Carolina Central Law Review

No abstract provided.

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 …

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 …

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

Publications

No abstract provided.

Black, White, Brown And Green: Color Consciousness In Public School Desegregation, Fh. Von U.

Georgia Law Review

Since 1954 and Brown v. Board of Education it has been against the law to educate white and black children separately. Separate schools, separate classrooms within a single school, or separate seating arrangements within the same classroom are inherently discriminatory. The law which separate education violates is not an HEW Rule, Regulation or Guideline; nor is it a federal statute. Where a public school system includes children of more than one color or national origin, education of any group of children within that system in a school which is identifiable as "belonging" to one race or another violates the United …

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 …

Reapportionment: Success Story Of The Warren Court, Robert B. Mckay

Michigan Law Review

The fascinating thing about this major engagement of the Warren Court is that the principal decisions came to the Court late-1962 and after. Although these decisions precipitated a revolution in the concept and practice of legislative representation at every level of government, they were implemented quickly and with surprisingly little dislocation. The following remarks are intended to report the fact of that adjustment and to explain, to the extent the phenomenon is now understandable, why the change was so easily accomplished. When compared with the delay in public acceptance of decisions in the other areas mentioned above, the success of …

The Warren Court And Desegregation, Robert L. Carter

Michigan Law Review

When Chief Justice ·warren assumed his post in October 1953, the underpinnings of the "separate but equal" concept had become unmoored beyond restoration. Full-scale argument on the validity of apartheid in public education was only weeks away, and the portent of change in the constitutional doctrine governing American race relations was unmistakable. Although the groundwork had been carefully prepared for the Chief Justice's announcement in Brown v. Board of Education that fundamental principles forbade racial segregation in the nation's public schools, the decision, when it was delivered on :May 17, 1954, was more than a break with the past. In …

The Georgia Eavesdropping Statute: A Critical Examination In Light Of Berger V. New York, R. W. S., Jr.

Georgia Law Review

Mr. Justice Brandeis, dissenting in Olmstead v. United States,2 observed that: Ways may some day be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. With the advent of miniaturized circuits and the corresponding subtlety of eavesdropping devices Brandeis' prediction has become a substantial reality. Tubular and parabolic microphones, for example, can intercept conversations held hundreds of yards away and, reportedly, a microwave beam has been developed which can penetrate virtually any obstacle. Wireless …

The Continuing Challenge Of The Fourteenth Amendment, Thurgood Marshall

Georgia Law Review

I HAVE come here to Athens tonight to help you commemorate a great event of the past. This year marks the centennial of an occurrence which has had, and will continue to have, great impact on the people in this room. It was in 1868, on July 28 to be exact, that Secretary of State Seward certified that the fourteenth amendment had been ratified by three-quarters of the states and had become part of the Constitution. This event is not simply an isolated historical landmark for the students of this school. Historically, the ratification of the Civil War Amendments marked …

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 …

Brief Amicus Curiae, Urging Reversal, On Behalf Of - John J. Russell, Bishop Of Richmond; Lawrence Cardinal Shehan, Archbishop Of Baltimore; Paul A. Hallinan, Archbishop Of Atlanta; Philip M. Hannan, Archbishop Of New Orleans; Robert E. Lucey, Archbishop Of San Antonio; Joseph B. Brunini, Apostolic Administrator Of Natchez-Jackson; Lawrence M. Defalco, Bishop Of Amarillo; Joseph A. Dirick, Apostolic Administrator Of Nashville; Thomas K. Gorman, Bishop Of Dallas-Ft. Worth; Joseph H. Hodges, Bishop Of Wheeling; John L. Morkovsky, Apostolic Administrator Of Galveston-Houston; Victor J. Reed, Bishop Of Oklahoma City And Tulsa; L. J. Reicher, Bishop Of Austin; Thomas Tschoepe, Bishop Of San Angelo; Ernest L. Unterkoefler, Bishop Of Charleston; Vincent S. Waters, Bishop Of Raleigh; The National Catholic Conference For Interracial Justice; And The National Catholic Social Action Conference, William M. Lewers C.S.C, William B. Ball

Court Briefs

No. 395
Richard Perry Loving v. Commonwealth of Virginia

On Appeal from the Supreme Court of Appeals of Virginia

From the Summary Statement of the Case

Appellants, Richard Perry Loving and Mildred Jeter Loving, were convicted on January 6, 1959, in the Circuit Court of Caroline County, Virginia, under an indictment charging that "the said Richard Perry Loving being a White person and the said Mildred Delores Jeter [Loving] being a Colored person, did unlawfully and feloniously go out of the State of Virginia, for the purpose of being married and with the intention of returning to the State of …

Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review

Michigan Law Review

Plaintiff, a licensed Negro dentist, was refused admission to the North Carolina Dental Society, a voluntary professional organization that plays a significant role both in the selecting of state dental officials and in the promotion of state dental programs. At the time the plaintiff sought admission to the Society, state statutes empowered the Society to elect the six members of the North Carolina Board of Dental Examiners and to designate the dental representatives to the Medical Care Commission and the Mental Health Council. After the plaintiff brought suit to compel his admission to the Society, the Society persuaded the state …

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …

Discrimination In The Hiring And Assignment Of Teachers In Public School Systems, Michigan Law Review

Michigan Law Review

In the Brown v. Board of Education decisions of 1954 and 1955, the United States Supreme Court made it clear that separate public school facilities for pupils of different races are inherently unequal and constitute a denial of the equal protection of the laws. While it was not altogether clear from the language of the opinions whether segregated faculties in public schools are also unconstitutional, subsequent lower court decisions have held that racial discrimination in the selection and assignment of teachers is forbidden.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

Some Comments On The Reapportionment Cases, Paul G. Kauper

Michigan Law Review

Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …

Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review

Michigan Law Review

The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …

Hyneman: The Supreme Court On Trial, William W. Van Alstyne

Michigan Law Review

A Review of The Supreme Court on Trial. By Charles S. Hyneman

Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison

Michigan Law Review

By statutes designed to protect the public interest, many federal administrative agencies-such as the Interstate Commerce Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Federal Trade Commission, and the Civil Aeronautics Board-are granted authority to conduct investigations dealing with substantive matters committed to their respective jurisdictions. In an increasing number of instances, these agencies are empowered to utilize compulsory process; persons may be ordered to appear and give testimony or to produce documents in so-called investigational hearings, subject to criminal sanctions for noncompliance. The use of investigational hearings by these agencies as an ancillary law enforcement tool …

Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay

Michigan Law Review

If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.