Civil Rights and Discrimination Commons^™

Selecting A Remedy For Private Racial Discrimination: Statutes In Search Of Scope, John M. Peterson

Fordham Urban Law Journal

Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make …

Urban Housing Finance And The Redlining Controversy, Daniel F. Reidy

Cleveland State Law Review

This note will focus upon three basic issues raised by the redlining controversy: first, whether or not redlining is in fact occurring; second, the role of government through legislation and regulatory agencies; third, emerging areas of litigation.

Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp

Fordham Urban Law Journal

The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …

The Reach Of 42 U.S.C. 1985(3): Sex Discrimination As A Gauge, Kevin E. Irwin

Cleveland State Law Review

In 1971 the United States Supreme Court held in Griffin v. Breckenridge that 42 U.S.C. § 1985(3) could be used against private citizens who conspired to deprive others of their civil rights. The Supreme Court found that Congress had originally intended for the statute to reach the actions of private citizens, and that Congress had the authority to reach such activity under the thirteenth amendment and the constitutionally protected right to travel. In so holding, however, the Court offered no indication of how future claims arising under the statute would be adjudicated in fact situations unlike the unique one encountered …

Critique: A Plaintiff's View, Henry L. Marsh Iii

University of Richmond Law Review

No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.

Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii

University of Richmond Law Review

In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.

Civil Rights-Standards For Equitable Relief After A Finding Of Employment Discrimination Are Based On Aims Of Title Vii

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 grants the federal courts jurisdiction in employment discrimination matters and sanctions orders of affirmative relief where equitable. This relief, usually in the form of back pay and injunctions, may be awarded upon a finding of intentional, discriminatory labor practices. Being equitable remedies, however, the courts have given numerous and conflicting interpretations as to when such affirmative relief should be awarded or denied. The prior history of Albemarle Paper Co. v. Moody typifies the inconsistencies in this area. The case was a class action under Title VII by former and present employees …

Book Review Of Disaster By Decree, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

In Disaster by Decree, and beginning with Brown v. Board of Education, Professor Graglia traces national efforts at school desegregation, constantly pricking the Court's egalitarian balloon with his needle of logic. How can the 1954 Brown decision, he asks, which forbade consideration of race in school assignments, justify current relief decrees that require courts and school boards to consider race? This attack indeed may catch affirmative action proponents at their Achilles' heel, for preferential admissions programs, if not actually spawned by admiration of the courts' desegregation efforts, draw constitutional strength from the courts' own repeated assumption of the …

The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Title Vii And 42 U.S.C. § 1981: Two Independent Solutions

University of Richmond Law Review

Two major vehicles for redressing private racial discrimination are Title VII and 42 U.S.C. § 1981. In 1968 the Supreme Court, in Jones v. Alfred H. Mayer Co., ruled that section 1 of the Civil Rights Act of 18662 applied to private acts of discrimination. The plaintiff in Jones sought relief against a private real estate company under 42 U.S.C. § 1982. The Court found that the substance of sections 1981 and 1982 was to be found in its predecessor, section 1 of the Civil Rights Act of 1866, which was intended "to prohibit all racially motivated deprivations of the …

Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act

University of Richmond Law Review

Prior to 1971 women found little relief in the courts for claims of sex discrimination. The Supreme Court upheld almost all legislation designed for the "protection" of women, predicated on their virtue, their health, or the "well being of [their] race." The first major legislative prohibition of sex discrimination, outside of judicial interpretation of the equal protec- tion clause, is found in Title VII of the 1964 Civil Rights Act. It seems ironic that a provision on sex discrimination, today a frequently litigated issue, was amended to Title VII almost as an afterthought.

Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg

University of Richmond Law Review

When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …

Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley

University of Richmond Law Review

All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …

Front Pay--Prophylactic Relief Under Title Vii Of The Civil Rights Act Of 1964, Gregg N. Grimsley

Vanderbilt Law Review

This note will attempt to analyze the front pay award as it must exist within the general framework of section 706(g). After first defining the nature of the front pay award, this note will examine the interrelationship between back pay and the rightful place theory that creates the need for prospective relief. Next, the award shall be analyzed in light of both the legislative history of section 706(g)and the National Labor Relations Act, from which section 706(g) is copied. Finally, the cases that have addressed the issue shall be analyzed and the problems that will arise in the computation of …

Book Review, Henry P. Coppolillo

Vanderbilt Law Review

We often are startled when someone presents us with a new awareness of the significance of issues or phenomena at which we have been looking for years but have never really seen. Freda Adler will startle a number of people who read her book Sisters in Crime. She will also anger them. The only thing her book will not do is leave people unmoved. Sisters in Crime provides punch, provocation, revelation, promise, and explanation, as the author uses the central theme of the change in the rate and nature of crimes committed by women to explore women's roles and fortunes …

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.

Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands

American Indian Law Review

No abstract provided.

Power(Lessness) And Dispersion: Comments On Chester Mcguire's The Urban Development Act Of 1974, Community Development Funds And Black Economic Problems, Henry Mcgee

Faculty Articles

Professor McGee discusses Chester McGuire's comprehensive, provocative and good-humored assessment of the Housing and Community Development Act of 1974 (HCDA). McGuire suggests both ominous and benign trends in the shift of political power and allocation of material resources in the United States. In analyzing the McGuire’s assessment of the HCDA, Professor McGee addresses how the act affects minority groups, particularly Black Americans.

Robert Lawrence Mcfadden Papers - Accession 58, Robert Lawrence Mcfadden

Manuscript Collection

The Robert Lawrence McFadden Papers consist of minutes, correspondence, reports, newspaper clippings, and financial records, relating to a wide range of topics and organizations, both at the state and York County level; including the York County Nature Museum, alcohol and drug abuse, the Catawba Regional Planning Council, the death penalty, public education, social services, Winthrop College and York Technical College, Catawba, South Carolina, Clover, South Carolina, Congaree Swamp, consumer protections, health care, Henry’s Knob, insurance, Jaycee Boys Home, judicial reform, dairy industry, Gov. John C. West, taxes, York County landfills, South Carolina wildlife, Equal Rights Amendment (ERA), Fort Mill, transportation, …

Sara Vandiver Liverance Papers - Accession 65, Sara Vandiver Liverance

Manuscript Collection

The Sara Vandiver Liverance Papers include correspondence, memoranda, minutes, program notes, newspaper clippings, legislative bills and publications, concerning Mrs. Liverance’s efforts as legislative chairwoman to the S.C. Council for the Common Good, to get jury service for women in S.C., and in trying to improve nursing care in the state. While the collection extends from 1954 to 1981, most of the material is for the period from 1966 to 1973.

Constitutional Law - Civil Rights - Discrimination Against Blacks In Admissions To Private Schools Violates The Right To Contract Guaranteed By Section 1981, Susan M. Denbo

Villanova Law Review (1956 - )

No abstract provided.

Civil Rights And Civil Liberties, Douglass Cassel

Journal Articles

More than most lawsuits, school desegregation cases touch basic economic interests and deep-seated psychic sensitivities of entire communities. In this context, legal notions of the "intent" of governmental bodies and the "effect" of their actions on massive, intricate social processes seem eerily abstract. Though limited and necessarily artificial, these legal concepts are nonetheless the jurisprudential links by which courts must legitimize their efforts to define "rights" worthy of recognition in desegregating schools in large urban areas.

This article focuses primarily on this term's decisions of the United States Court of Appeals for the Seventh Circuit involving desegregation of the Milwaukee …

Marion Allan Wright Papers - Accession 48, Marion Allan Wright

Manuscript Collection

The Marion Allan Wright Papers consist mainly of speeches relating to civil rights, civil liberties, the role of libraries in society, and capital punishment, but also included are autobiographical writings, articles, correspondence, and biographical data concerning the civil rights movement.

Rock Hill Council On Human Relations Records - Accession 47, Council On Human Relations, Rock Hill

Manuscript Collection

The Rock Hill Council on Human Relations Records consists of minutes, reports, correspondence, program notes, newsletters, membership lists, and other records of a body organized in 1954 by the Rock Hill City Council to further communication between the city’s African- Americans and whites. The collection includes material relating to the South Carolina Council on Human Relations with which the Rock Hill Council was affiliated, American Friends Services committee, Southern Regional Council, and a black & white 16mm film pertaining to the origin and early development of the Council. Correspondents include Alice Spearman Wright, civil rights activist and former executive secretary …

Rights Of Mentally Ill--Involuntary Sterilization--Analysis Of Recent Statutes, James A. Varner

West Virginia Law Review

No abstract provided.

Gay Academic Union Third Annual Conference Program, 1975 November 28-30, Gay Academic Union

VCU Gay Alliance of Students Collection

Forty-four page program for the Gay Academic Union Third Annual Conference at Columbia University, which took place November 28-30, 1975. The program includes a list of sessions, abstracts of the sessions, participant biographies, lists of the conference sponsors and conference committee, and advertisements from Inter Typographics, Inc., R.A.V. Associates, and Christopher Street That New Magazine, Inc.. There is handwriting throughout the program.

Memorandum, Gay Alliance Of Students V. Matthews, United States District Court For The Eastern District Of Virginia Richmond Division, 1975 November 7

VCU Gay Alliance of Students Collection

Twenty-two typewritten pages and two handwritten pages (on the back of typewritten pages) memorandum by Judge D. Dortch Warriner, United States District Judge, in regards to Gay Alliance of Students v. Matthews.

The Impact Of Michigan's Common-Law Disabilities Of Coverture On Married Women's Access To Credit, Michigan Law Review

Michigan Law Review

In the United States, credit is indispensable to the improvement of one's economic status and life style. Its availability often dictates •the extent to which one has access to education, homeownership, entrepreneurship, and investment, and its unobtainability inhibits full participation in the activities and opportunities of American society. American women have long been systematically excluded from equal access to credit by lending institutions of all types and ·thus have been denied their rightful role in the economic life of the country. It is only recently, however, that the women's movement has begun to focus attention on credit discrimination and that …