Civil Rights and Discrimination Commons^™

Credit Discrimination Against Women: Causes And Solutions, Margaret J. Gates

Vanderbilt Law Review

This article deals both with the laws that cause credit discrimination against women and with those that have been and could be formulated to solve the problem. It first explains the nature and importance of the problem, then discusses the apparent legal and economic bases of the discrimination, and finally explores the adequacy of existing and proposed remedies.

Current Civil Rights Problems In The Collective Bargaining Process: The Bethlehem & At&T Experiences, William J. Kilberg

Vanderbilt Law Review

This article explores the development, theory, and design of the government's Contract Compliance Program and the other statutory means of pursuing equal employment opportunity. Part I is a brief explanation of the Contract Compliance Program under Executive Order 11,246. Part II presents a discussion of the legal underpinnings of the affirmative action concept. Part III deals with the decision In the Matter of Bethlehem Steel Corporation, a landmark administrative hearing under procedures established by the Office of Federal Contract Compliance, and the American Telephone & Telegraph Company Memorandum of Agreement and Consent Decree,' which has been described as "the largest …

Recent Cases, Vanderbilt Law Review

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

California V. Larue: The Twenty-First Amendment As A Preferred Power, Robert D. Kamenshine

Vanderbilt Law Review

While the twenty-first amendment rationale of LaRue appears to pose a threat to certain individual rights, that amendment has been recognized by at least one state supreme court as a legitimate vehicle for combating racial discrimination in private clubs'--an area of discrimination generally regarded as beyond the reach of government and probably involving fundamental rights of association and privacy. Because of the dual potential of the state power found in the twenty-first amendment and the questionable desirability of the use of that power, this article evaluates the LaRue decision, explores its unusual twenty-first amendment rationale, considers alternative approaches the Court …

Racial Discrimination And The Right To Vote, Armand Derfner

Vanderbilt Law Review

Lawyers in voting discrimination cases are fond of quoting Justice Frankfurter's dictum that "the [Fifteenth] Amendment nullifies sophisticated as well as simple-minded modes of discrimination."' Unfortunately for historical accuracy and for the health of our society, this statement simply has been false for most of the century since the passage of that amendment. In the past fifteen years, however, a change has begun, and the right to vote without discrimination has gained substance. This Article is an effort to describe today's law of voting discrimination, and how that law developed. Because the present state of this area is so largely …

Post--Brown Private White Schools--An Imperfect Dualism, James E. Smith

Vanderbilt Law Review

Federal courts have endeavored to assure that private discrimination practiced by schools is truly private. In this endeavor, courts have enjoined any significant state involvement as violative of the equal protection clause. The courts have shown no inclination to prohibit the private discrimination itself, however, and it appears unlikely that courts in the near future will take the innovative step of barring discrimination practiced by private white academies.

An End, And Perhaps A Beginning, Tom C. Clark

Vanderbilt Law Review

As one who has devoted his professional lifetime, now in its fifty-first year, to the development of procedures and techniques for the improvement of the administration of justice, I say that there is no substitute for the original research furnished by the Race Relations Law Survey in the race relations field. It has made the most practical contribution to the improvement of race relations of any publication. One might compare this contribution to that of our law clerks here on the Court, who research and report on state and federal decisions previously made on a given topic. However, the Survey …

"To Secure These Rights": The Need For A New Majority Coalition, Hubert H. Humphrey

Vanderbilt Law Review

We have learned in the last two decades important lessons in both the law and the politics of civil rights. I wish to underscore certain of these realities in outlining a civil rights strategy for the decade of the 1970's. We look back at the civil rights battles of the 1950's and 1960's with an air of nostalgia. In those years the legislative goals were relatively well defined: the removal of a host of legal barriers t, civil equality and equal opportunity. More than this, the legal barriers existed primarily in one section of the country so that the lives …

Developments In The Law Of School Desegregation, T. A. Smedley

Vanderbilt Law Review

Eighteen years after the Brown decision declared that racially dual school systems violate constitutional rights of students and therefore must be abolished,' the developments in this area of life and law still primarily involve efforts to find an answer to the practical problem which arose immediately after the Brown ruling: How does one abolish a dual school system? Today, relatively few people openly contend that public schools ought to be operated on a racially segregated basis, but the problem of identifying and implementing acceptable means of achieving desegregation has proved to be virtually unsolvable. Although the federal courts initially displayed …

The Unique Problems Of The Black Businessman, Flournoy A. Coles, Jr.

Vanderbilt Law Review

This Article concentrates on problems of black businessmen rather than those of all minority businessmen for 3 reasons: first, there are more statistics on the business and other aspects of black economic life than on other nonwhite minorities; secondly, the available statistics suggest that black Americans rank lowest on the totem pole of business activity in this country--lower than any other nonwhite minority except perhaps for American Indians; thirdly, many of the solutions suggested for remedying the problems of black business enterprise would apply to the similar problems that other minority groups have encountered.

More Than Law, Anthony J. Celebrezze

Vanderbilt Law Review

In mid-1963, at hearings' on what was to become the Civil Rights Act of 1964, I expressed my regret that some 37 years prior to the end of the twentieth century we found it necessary to take up legislation that dealt with basic human rights. Today, nearly a decade later, I express a similar regret that those rights have not yet been realized for every citizen of this nation.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Injunctions--Contempt Power--Citation Proper Against Nonparty Who Violates Court Order in School Desegregation Case

Whether an injunction or other order binds one not a party to the underlying suit or proceeding so that he may be held in contempt for violation is a question that always has troubled the courts. Some early cases purported to announce a sweeping and apparently absolute rule--that an injunction or other order does not bind nonparties. The principle underlying this rule is that due process forbids a court to adjudicate the legal rights and relationships of a person who has not had the opportunity to be …

Equal Protection, Economic Legislation,And Racial Discrimination, William Silverman

Vanderbilt Law Review

The drive to end racial discrimination now extends beyond blatant racial distinctions to less obvious and less intentional forms of unequal treatment; nonetheless, there still exist laws and governmental programs that are racially neutral on their face but that may have a racially discriminatory impact in practice. Such discrimination can take place when economic and social welfare legislation, lacking a sound economic grounding, attacks symptoms rather than causes and thereby unintentionally compounds the problems facing black people. At the same time, laws that are at the root of unequal treatment seem to go unchallenged. From the point of view of …

Recent Developments, Law Review Staff

Vanderbilt Law Review

The fourteenth amendment provides that "[n]o State shall . ..deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."' The amendment thus explicitly forbids the state to engage in certain conduct, but places no express restriction on the acts of private individuals. Although the Supreme Court has consistently held that state action is a necessary element of a fourteenth amendment violation, the concept of state action was expanded to cover activities arguably private in nature to the extent that by 1970 the Court …

Whither The Concept "Affected With A Public Interest"?, Sterry R. Waterman

Vanderbilt Law Review

We of the law and we who administer the law are challenged today more acutely than ever before. Many serious-minded people question whether the law is or can ever be an instrumentality of social justice.Many of our citizens believe that, irrespective of the precepts of the law,the administration of the law frequently has been used as a device to frustrate the legitimate aspirations of those seeking to participate as equals with other Americans in the benefits of American society. The inclusion of more and more activities as activities "affected with the public interest" is evidence that there are some who …

Recent Developments, Law Review Staff

Vanderbilt Law Review

In the recent decision of Bradley v. School Board, a Virginia federal court ordered the consolidation of the predominantly black Richmond school district with the surrounding all-white suburban school districts of Henrico and Chesterfield Counties. This decision marks the first time that a court has consolidated two or more autonomous school districts for the purpose of achieving a racial balance in the schools that reflects the racial composition of the consolidated areas as a whole. While Judge Merhige in Bradley punctiliously followed the principles enunciated by the Supreme Court in Swann v. Charlotte-Mecklenburg Board of Education and its earlier desegregation …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Black citizens of Tate County, Mississippi, brought suit' seeking rescission of the County Board of Education's sale of a public school to a foundation that used the property to establish a private, segregated academy. Respondent, Tate County Board of Education, had determined that the continued operation of the dilapidated school would be uneconomical and had conveyed the property to a private citizen without knowing the purpose for which the school was to be used. The purchaser later conveyed the property to the Tate County Foundation, which established a private, segregated academy. Petitioners contended that the sale violated the equal protection …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Section 1983--Municipality Subject to Section 1983 Damage Suit if Local Law Recognizes Municipal Liability

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Constitutional Law--Citizenship-Statute that Conditions Retention of United States Citizenship upon Residency Requirement Is Constitutional When Citizenship Is Not Protected by the Fourteenth Amendment Citizenship Clause

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Constitutional Law--Equal Protection --School Financing System that Substantially Relies on Local Property Tax Violates Equal Protection Clause

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Constitutional Law--Freedom of Speech--A Per Se Banon All Editorial Advertisements by a Broadcast Licensee Violates the First Amendment

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Constitutional Law--Jury Trials in Juvenile Court--Juveniles in Delinquency Proceedings Not Constitutionally Guaranteed the Right to a Jury Trial

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Constitutional Law--Search …

Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu

Vanderbilt Law Review

Recent years have witnessed increasing confusion and uncertainty over the proper scope of section 1343(3) of Title 28 of the United States Code, the jurisdictional counterpart of section 1983 of Title 42. Both provisions originated in the Civil Rights Act of 1871. Section 1983 creates a cause of action to redress the deprivation, under color of state law, of any rights, privileges, or immunities secured by the Constitution or laws. Section 1343(3) grants to the federal district courts original jurisdiction, irrespective of amount in controversy, over any civil action authorized by law that is commenced by any person: "To redress …

Current Remedies For The Discriminatory Effects Of Seniority Agreements, Irving Kovarsky

Vanderbilt Law Review

This article focuses primarily upon the remedies that can be used to reconcile the preservation of legitimate objects of a seniority system with equal treatment for black workers. To provide a historical perspective demonstrating the need for these remedies, the article initially will describe the availability of relief against discriminatory seniority agreements under federal labor legislation. The article will then examine available remedies under Title VII of the Civil Rights Act of 1964 and under recent interpretations of the Civil Rights Act of 1866. In the concluding section, possible ways to utilize existing remedies to combat more effectively the discriminatory …

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …

The Future Of America And The Role Of Law, Ray Forrester

Vanderbilt Law Review

On August 22, 1970, Dean Ray Forrester of the Cornell Law School presented this paper to the Southeastern Conference of the Association of American Law Schools and the American Association of Law Libraries meeting in Nashville, Tennessee. Because the question of negativism in the academic community seldom has been raised by a highly respected legal educator, the Vanderbilt Law Review felt that these remarks were particularly significant. To test the reaction of other prominent legal educators to Dean Forrester's position, the Vanderbilt Law Review solicited the comments of the deans of various law schools. This paper and the comments that …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

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Criminal Procedure--Search and Seizure--Warrantless Search of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

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Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

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Antitrust Remedies--State Given Standing to Sue as Parens Patriae

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Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

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Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

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Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

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 …

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 …

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 …

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. …

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 …

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. …