Civil Rights and Discrimination Commons^™

Constitutional Law--The Eleventh Amendment--Injustice For All, Devon L. Gosnell

West Virginia Law Review

The concept of sovereign immunity has long been a vibrant force in American law, overshadowing the inequities it created by the theory that government was responsible only for those wrongs it chose to recognize from a moral consciousness inherent within the state. When the thirteen colonies banded together to form the union known as the United States of America, state government played a relatively minor role in the lives of the people. Of the few disputes that did arise between states and citizens, mainly payment of bond obligations incurred during the Revolutionary War, most were settled out of court. As …

Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii

Indiana Law Journal

No abstract provided.

Clarence Brown V. General Service Administration, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt

Faculty Scholarship

Racial preferences for blacks generate ambivalence in those who care about racial equality and also believe that individuals should be judged "on their own merits." This ambivalence is reflected in divergent "equal protection" values, the value of eliminating barriers to equality imposed on minority groups and that of distributing the burdens and benefits of social life without reference to arbitrary distinctions. It is hardly surprising, therefore, that after Marco DeFunis, Jr. challenged the constitutionality of racial preferences for admission to a state law school, the Supreme Court's resolution of the issue was awaited with intense interest and some trepidation. For …

Negro Demonstrations And The Law: Danville As A Test Case, James W. Ely, Jr.

Vanderbilt Law Review

In at least some measure, the Negro demonstrations of the 1960's were an attempt to create tensions and intimidate the white public into taking actions favored by the black minority, or, that failing, to provoke such a savage reaction from the whites as to arouse national public opinion. Violence and threats of violence were an integral part of this strategy. It is to the credit of Virginia leaders at all levels that they recognized this overt threat and refused to yield to extra-legal tactics. One of the most unhappy legacies of the 1960's was the wide-spread notion that questions of …

Civil Rights In Northern Ireland, John F. Callan

History Theses & Dissertations

Abstract unavailable.

Monetary Recovery As Preventive Reliefin Fair Housing Actions By The Attorneygeneral, David Samuel De Jong

Washington and Lee Law Review

No abstract provided.

Sexism In Special Education, Patricia H. Gillespie, Albert H. Fink

IUSTITIA

The educational establishment is now reflecting the concerns of womanhood. Grudgingly, and even painfully, it seems to some, the large and complicated system of formal education acknowledges the existence of practices which are sexist both in conception and operation. At one level this sexism is directed, at many levels of awareness, toward the functionaries of the system. The economic oppression of teachers, who are mostly female, is an obvious expression of the phenomenon. Another benchmark is the limited career development opportunities available to women as educational managers and academics.

At yet another level, not the less dangerous for being more …

Civil Rights - Right To Treatment - Neither Due Process Nor Equal Protection Clause Of The Fourteenth Amendment Guarantees The "Right To Treatment" For Mentally Retarded Children Confined In A State Institution Through Noncriminal Procedures

Fordham Urban Law Journal

Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at …

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 …

Higher Education: The Black Professional, Donald H. Godbold, Andrew Goodrich, William Moore, Jr.,

IUSTITIA

The black professional in the community college is a catalog of contradictions. His or her condition can only be described as tragic; and his or her plight is a travesty on the philosophy of the two-year college. The preliminary findings of one study in progress note that nearly half (409 or 47 per cent) of the 865 two-year institutions included in the sample do not have a single black faculty member or administrator. Eighty-nine of the remaining 456 colleges have only one black staff member. Similarly, there are a number of community colleges located in areas heavily populated by blacks …

A Viable Substitute For The Exclusionary Rule: A Civil Rights Appeals Board, John L. Roche

Washington and Lee Law Review

No abstract provided.

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 …

"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 …

Civil Rights--Administrative Enforcement--Damages As An Appropriate Remedy, Harvey D. Peyton

West Virginia Law Review

No abstract provided.

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 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 …

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 …

"Speech On Racial Equality In The United States", Julian Bond

Special Collections: Oregon Public Speakers

No abstract provided.

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 …

Human Rights In The United States: Two Decades' Development, David S. Bogen

Faculty Scholarship

No abstract provided.

The Legality Of The "Revised Philadelphia Plan", Dennis J. Dubois

Maryland Law Review

No abstract provided.

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 …

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. …

"Black Heritage", Alex Haley

Special Collections: Oregon Public Speakers

No abstract provided.