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Cleveland State University

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Articles 151 - 164 of 164

Full-Text Articles in Civil Rights and Discrimination

Book Review, James B. Boskey Jan 1969

Book Review, James B. Boskey

Cleveland State Law Review

Reviewing Albert P. Blaustein and Robert L. Zangrando, Civil Rights and the American Negro: A Documentary History, Trident Press, 1968

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Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick Jan 1968

Third Party Plaintiffs In Civil Rights Damage Actions, Robert M. Didrick

Cleveland State Law Review

This article will discuss the question of whether third parties may bring an action for damages against those who deprive another of his civil rights. The related question, resulting from the second cause of action in the Napolitano case, of whether one may recover for the mental anguish caused by the denial of another's civil rights will also be considered. Although the question is concerned with damage actions, cases in which injunctive relief was asked are helpful in studying the principle involved. Relief has been granted in these cases much more readily than in damage actions, possibly because the equitable …

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Book Review, Elliott A. Cohen Jan 1966

Book Review, Elliott A. Cohen

Cleveland State Law Review

Reviewing Vern Countryman, ed., Discrimination and the Law, University of Chicago Press, 1965

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Damages For Mental Suffering In Discrimination Cases, John E. Duda Jan 1966

Damages For Mental Suffering In Discrimination Cases, John E. Duda

Cleveland State Law Review

This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …

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Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley Jan 1966

Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley

Cleveland State Law Review

Commitment to a mental institution by itself does not, in all states, suspend civil rights. The court psychiatric unit is an early outpost of a preventive, coordinative venture which gives, at long last, practical humane expression to protection of and consideration for the civil rights of the mentally ill adult involuntary patient whose condition obstructs his capacity to demand such safeguards himself. Persons suffering from mental disorders are frequently too disabled to claim their civil rights themselves.

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Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley Jan 1965

Exclusion And Expulsion From Non-Profit Organizations - The Civil Rights Aspect, Robert S. Pasley

Cleveland State Law Review

To what extent do voluntary non-profit associations have the right (a) to deny admission to membership, and (b) to expel existing members? Space does not permit discussion of all the ramifications of these two questions and some limitation of scope becomes necessary. The theme selected has been the "civil rights" aspect of the problem; more specifically, the right, in certain areas, to be protected against racial and religious discrimination, and the privilege to exercise the ordinary rights of citizenship, such as the right of free speech, of petition, of voting, of resort to the courts, and to employment.

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Deportation Law And The Social Interest, George Liviola Jr. Jan 1964

Deportation Law And The Social Interest, George Liviola Jr.

Cleveland State Law Review

Fundamental civil and humanitarian rights are being denied to individuals in the United States because American courts cling to stare decisis in denaturalization and deportation proceedings. This article concerns itself with an examination of this policy, its history, progress, effect and possible reform.

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One Century After The Emancipation Proclamation, Wilson G. Stapleton Jan 1963

One Century After The Emancipation Proclamation, Wilson G. Stapleton

Cleveland State Law Review

On January 1st, 1863, Abraham Lincoln, then President of the United States, dedicated to the proposition that a nation could not exist and reach its rightful place in the sun, half slave and half free, issued the Emancipation Proclamation, which declared in essence that as a matter of law all peoples in these United States of America were forever free. Yet over these last one hundred years there have been many times when these emancipated peoples and their freeborn descendants must have felt, and oftentimes still feel, that they are like to the legendary Sisyphus who was condemned to the …

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Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma Jan 1962

Civil Rights Of The Mentally Ill In Ohio, Robert L. Tuma

Cleveland State Law Review

Mental illness is principally a medical problem, but there are basic legal considerations to be observed, and these considerations should not be impatiently brushed aside as "mere technicalities" of legal procedure. On the other hand, legal provisions relating to hospitalization of mental patients should be viewed by legislators, lawyers, and judicial officials as mechanism for prompt and effective care and treatment, for safeguarding civil rights, and for protecting the community. All these aspects are important and undue concern for one aspect should not work to the detriment of the others. Moreover, in actual practice, no legal provision should defeat the …

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Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin Jan 1961

Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin

Cleveland State Law Review

We have chosen to discuss and undertake to determine the precise point at which an assemblage of persons engaged in a racial demonstration loses constitutional protection and becomes instead an unlawful assembly, punishable as such under the common law or under state statutes or ordinances which embody the common law. To accomplish this purpose, we shall first attempt to define the crime of "unlawful assembly"; then we shall discuss breach of the peace because it is so intimately connected with the offense of unlawful assembly. This article will conclude with examples of situations in which racial demonstrations are, or are …

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Civil Liberties And The Mentally Ill, Thomas S. Szasz Jan 1960

Civil Liberties And The Mentally Ill, Thomas S. Szasz

Cleveland State Law Review

Here are two basic ways in which a person may assume the social role of "mental patient." First, it may be assumed voluntarily, meaning that the role is self-defined. Second, it may be foisted upon a person against his will. This means that a person may be defined as "mentally ill" by someone other than himself. This definition, then, if properly implemented, may become generally accepted or socially verified. I shall limit myself here to calling attention to certain ethical and legal aspects of the psychiatrist's involvement with the second class of "mentally ill" patients.

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Civil Rights And Mental Hospital Administration, Ewing H. Crawfis Jan 1960

Civil Rights And Mental Hospital Administration, Ewing H. Crawfis

Cleveland State Law Review

Let us start our discussion by indicating a frame of reference for the comments we wish to give about civil rights. Our discussion will relate primarily to patients, who have been hospitalized for the observation and treatment of mental illness. It is also based on the statutes in Ohio and on the practice in the courts and more especially in the receiving hospitals and state hospitals in Ohio. The receiving hospitals admit a high percentage of voluntary patients, whereas the state hospitals admit patients who have been committed.

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Letter To The Editor, Arthur R. Landever Sep 1956

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.

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A Note On Racial Restrictions, William R. Kinney Jan 1953

A Note On Racial Restrictions, William R. Kinney

Cleveland State Law Review

In view of the holding in the Shelley case, can the grantor in a deed have recourse to the courts to enforce a stipulated penalty contained in a discriminatory racial covenant (such as payment of damages or forfeiture of title) if the enforcement of such penalty does not directly involve the constitutional rights of third persons?

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