Civil Rights and Discrimination Commons^™

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

===============================

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

===============================

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

===============================

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

===============================

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

===============================

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

======================

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

======================

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

======================

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

=======================

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

=======================

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"

============================

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

============================

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

============================

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

============================

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

============================

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. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--When Plaintiff Participates in a Scheme Initiated by Defendant, In Pari Delicto Is No Bar to Recovery

=============================

Civil Rights--Amusement Park Is Covered by Title II of the Civil Rights Act of 1964

==============================

Civil Rights--Desegregation--Freedom-of-Choice Plans Are Not To Be Used When More Effective Means for Desegregation Are Available

==============================

Constitutional Law--Fourteenth Amendment Entitles Defendants Charged with Serious Crimes in State Courts to Trial by Jury

==============================

Constitutional Law-Reapportionment--"One Man, One Vote" Held Applicable to Units of Local Government

==============================

Constitutional Law--Search and Seizure--Police May Conduct Limited Search for Weapons in Course of Field Investigatin Without Probable Cause for …

International Law, National Tribunals And The Rights Of Aliens: The Latin American Experience, Frank G. Dawson

Vanderbilt Law Review

Latin America is today undergoing a profound technological revolution for which the United States is largely responsible, and which is transforming the continent in a manner and at a pace never envisioned by nineteenth century alien entrepreneurs. Communication and transportation media developed within the last fifty years have created new demands for, and dependencies upon, the commercial products and luxuries of the mechanized world and have precipitated demands for radical change in outmoded economic and political patterns. This has inspired programs for economic integration on the international level, and, within individual nations, for industrialization and product diversification to limit dependence …

Sex Discrimination In Employment Under Title Vii Of The Civil Rights Act Of 1964, Anthony R. Mansfield

Vanderbilt Law Review

On July 2, 1964, President Johnson signed into law the Civil Rights Act of 1964,' the most far-reaching civil rights legislation in history.Much has been written about the act, but almost without exception the writers have been concerned with the ban of discrimination in employment on the basis of race or color. But the most radical and troublesome characteristic of Title VII of the Civil Rights Act is its outlawing of employment discrimination based on sex. It is the purpose of this note to examine this largely ignored aspect of the act. The inquiry will first examine the regulation of …

The Use Of Tests In Promotions Under Seniority Provisions, Aubrey L. Coleman, Jr.

Vanderbilt Law Review

The testing requirements enunciated by the 1964 Civil Rights Act and the Equal Employment Opportunity Commission to eliminate certain types of discrimination through tests will assuredly have application in the further development of sound, overall testing programs for all employees. While at present very few contracts have provisions with respect to testing, undoubtedly most future agreements will. This development should reduce the number of disputes, since requirements now imposed by arbitrators will be written into bargaining agreements. While there will still be disagreements over whether the tests were properly evaluated, controversies as to whether the tests are specifically related to …

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 …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Labor Law-Exemption of Union from Antitrust Laws Is Lost When It Imposes Minimum Price Levels on a Member-Employer Acting on their own initiative, the plaintiffs, union member'

==============================

Civil Rights--Desegregation--School Authorities Have Afirmative Duty To Integrate School System Negro children in six Louisiana and three Alabama school systems

==============================

Constitutional Law--Citizenship--Stripping Congress of Its Right To Expatriate

==============================

Constitutional Law--State Constitutional Amendment Guaranteeing Discretion to Seller of Real Estate Violates Fourteenth Amendment

==============================

Criminal Law--The "Mere Evidence" Rule Is Expressly Abolished

==============================

antitrust, civil rights, constitutional law, criminal law

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates

============================

International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment

============================

Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions

============================

Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA

============================

Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations

============================

Labor Law--Employer's Duty To Bargain When Authorization Cards Are …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Federal Criminal Code Protects Rights Secured by Fourteenth Amendment

==========================

Civil Rights--Removal--Strict Interpretation of Federal Removal Statute Affirmed

===========================

Labor Law--Judicial Review of Arbitrator's Authority To Imply Contractual Condition

===========================

Labor Relations--Federal Preemption of Defamation Suits Arising in Course of Organizational Campaign

===========================

State and Local Taxation--Economic Exploitation Sufficient Connection To Require Non-Resident Seller To Collect Use Tax

Civil Rights Crimes And The Federal Power To Punish Private Individuals For Interference With Federally Secured Rights, Howard M. Feuerstein

Vanderbilt Law Review

Participants in the current civil rights movement in the South have been subjected to countless acts of violence and intimidation committed by private individuals acting either on their own or as part of racist organizations. As a result of such acts of violence, new legislation has been introduced in Congress.' Yet, the federal system historically has placed strict limitations on the power of the national government to deal with the acts of private individuals. The time is therefore ripe for a re-examination of these limitations. In so doing,this article deals with acts of private individuals in the technical sense of …

Nondiscrimination Implications Of Federal Involvement In Housing, Jerome B. Ullman

Vanderbilt Law Review

Government enforcement of equal opportunity in all housing, or in all housing connected with the various federal programs discussed in this note, would virtually eliminate the present fear among many whites that the presence of Negroes in the community hurts property values. Even if there were any basis to such a fear, the fact that Negroes had an easily enforceable right to purchase property in all neighborhoods would tend to prevent such price devaluation since the actual presence of Negroes in more and more areas would eventually make all white neighborhoods non-existent. Moreover,the fact that all, or the vast majority …

The Experience Of State Fair Employment Commissions: A Comparative Study, Arnold H. Sutin

Vanderbilt Law Review

Passage of the new federal civil rights law in 1964 might have been expected to decrease the importance of the state fair employment practices (FEP) laws. Congress, however, chose not merely to permit these laws to continue in force to deal with purely local problems,but went further to entrust the primary administration of title VII, the federal fair employment statute, to state agencies where they exist. Thus the experience of these state agencies is of even greater importance now than formerly, for they will perform the day to day work of carrying out our nation's policy to prohibit discrimination in …

Constitutional Law -- 1964 Tennessee Survey, James C. Kirby, Jr.

Vanderbilt Law Review

The prosecutions in McKinnie v. State, arose from "sit-in" demonstrations by which a group of Negroes attempted to obtain service at a privately operated cafeteria in Nashville. The passage of the Civil Rights Act of 1964 has since been held by the United States Supreme Court to abate these particular prosecutions and the prospective application of its public accommodations provisions makes it unlikely that their facts will recur.

Racial Imbalance In The Public Schools: Constitutional Dimensions And Judicial Response, David B. King

Vanderbilt Law Review

Eleven years after the decision of the Supreme Court in the School Segregation Cases, white and Negro children remain separated in many school systems throughout the nation. In the South this racial separation has been persistently fostered by both school and public officials. Since the rationale of the School Segregation Cases to the effect that official policy requiring separation on the basis of race is prohibited, this racial separation in the South, commonly known as segregation, is clearly illegal. Separation of the races in the school systems of the North and West has resulted both from devious types of racially …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture

==============================

Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action

==============================

Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property

==============================

Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process

==============================

Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population

==============================

Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders

==============================

Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection

============================== …

Constitutional Law -- 1963 Tennessee Survey, James C. Kirby, Jr.

Vanderbilt Law Review

A 1963 survey of Tennessee cases having to do with various issues of constitutional law, including legislative apportionment, desegregation, equal protection and due process.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Civil Rights Act of 1957 Gives Federal Court Mandatory Jurisdiction To Entertain Suit by the United States To Enjoin State Criminal Prosecution

=================================

Conflict of Laws--Federal Tort Claims Act--Applicable Substantive Law Held To Be Whole Law of State Where Negligence Occurred

=================================

Constitutional Law--Discrimination--Conviction for Disturbing the Peace in Lunch Counter Sit-in Held To Violate Due Process for Lack of Evidence

=================================

Federal Courts--Erie Doctrine--Opinion Evidence Held Admissible Under Federal Rule 43(a) in Diversity Case

=================================

Federal Courts--Federal Question Jurisdiction--Lack of Jurisdiction to Enforce Award of Airline System Board of Adjustment in Labor Dispute

=================================

Interstate Commerce--Taxation--State Privilege Tax …

Some Reflections On Baker V. Carr, Nicholas Deb. Katzenbach

Vanderbilt Law Review

This article is based on the author's address before the Vanderbilt University School of Law in connection with the school's 1962 Law Day ceremonies. In it, Mr. Katzenbach examines the positions of the various opinions in Baker v. Carr, the significance of the case both for Tennessee and the country as a whole, and the various alternatives open to the district courts for implementing the decision.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Civil Rights Act of 1871--"Under Color of Law" Defined

=============================

Conflict of Laws--Characterization--Amount of Damages in Wrongful Death Action Held to be Procedural and thus Controlled by Law of the Forum

=============================

Criminal Law-Insanity--Third Circuit Adopts A New Test for Criminal Responsibility

=============================

Criminal Law--Smith Act--Membership Clause Requiring Active Membership in Communist Party and Specific Intent To Use Violence Held Not To Violate the First or Fifth Amendments

==============================

Criminal Procedure--Evidence-States May Not Constitutionally Use Evidence Obtained by Illegal Search and Seizure in Criminal Cases

==============================

Evidence--Hearsay--Old Newspaper Article Admitted as Evidence of Facts Contained on Grounds of Necessity …

Book Reviews, Marian D. Irish, Ralph Slovenko

Vanderbilt Law Review

The Quest for Equality By Robert J. Harris Baton Rouge: Louisiana State University Press, 1960. Pp. xiv, 173. $4.00.

reviewer: Marian D. Irish

==================================

Confidentiality and Privileged Communication in the Practice of Psychiatry, Report No. 45. New York: Publications Office, Group for the Advancement of Psychiatry, 1960. Pp. 32. $.50.

reviewer: Ralph Slovenko

A Variety Of Freedoms, Stanley D. Rose

Vanderbilt Law Review

The Idea of Freedom: A Dialectical Examination of the Conceptions of Freedom By Mortimer J. Adler Institute of Philosophical Research. Garden City, New York: Doubleday and Co. 1958. Pp.xxvii, 689. $7.50 . . .

Each year a number of books appear which are devoted to the subject of freedom. This has been going on for at least two thousand years. But a reading of only a few of this multitude of volumes will show that one man's freedom is not necessarily another man's. It appears obvious that some order and classification ought to be introduced into our thinking about this …

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.