Civil Rights and Discrimination Commons^™

Wolff V. Mcdonnell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Saxbe V. Washington Post, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pell V. Procunier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Espinoza V. Farah Mfg. Co., Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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 …

Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead

Buffalo Law Review

No abstract provided.

Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel

Indiana Law Journal

No abstract provided.

The New England Emigrant Aid Company And The Response In Massachusetts To Its Goals And Efforts To Create A Free Kansas, 1854-1856, Randall R. Butler Ii

Loma Linda University Electronic Theses, Dissertations & Projects

A wave of indignation and shock swept over the North following Stephen A. Douglas' introduction of the Kansas-Nebraska Bill in the United States Senate in January, 1854. The South conceded Nebraska to the North, because of the Territory's geographic proximity to Northern transportation routes and the free-state of Iowa. In return, the South expected the North to concede the loss of Kansas as a future slave state. But many Northerners were not willing to assent to this new compromising proposal without a struggle.

Eli Thayer, a freshman Congressman in the Massachusetts State Legislature, invisioned a scheme to use Douglas' concept …

Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review

Michigan Law Review

The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …

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

Washington and Lee Law Review

No abstract provided.

Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review

Michigan Law Review

This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.

Deferral To Arbitration In Title Vii Actions: Rios V. Reynolds Metals Company

William & Mary Law Review

No abstract provided.

Busing Is Not Really The Issue, James C. Harvey

North Carolina Central 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 …

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.

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

West Virginia Law Review

No abstract provided.

The New York Indians' Right To Self-Determination, James W. Clute

Buffalo Law Review

No abstract provided.

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.

Book Review: The Case For Reparations (1973), Ira B. Shepard

Scholarly Works

Book Review of THE CASE FOR REPARATIONS, by Boris I. Bittker (NY: Random House, 1973).

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 …

Although Judges And Quasi-Judicial Officers Are Immune From Action For Damages Under The Civil Rights Statutes For Acts Accomplished In The Discharge Of Their Official Duties, When A Class Discrimination Is Alleged, Both Judicial And Quasi-Judicial Officers May Be Mandatorily Enjoined From Further Infringement Upon The Rights Of The Complaining Class., Adrian Gregory Acevedo

St. Mary's Law Journal

Abstract Forthcoming.

Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton

Court Briefs

No abstract provided.

Roe V. Wade, 410 U.S. 113 (1973)

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

A pregnant single woman brought a class action suit challenging the constitutionality of the Texas criminal abortion laws, which proscribed procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. The Court held that a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment.

The Equal Rights Amendment: A New Reasonableness Test For Viewing Sex-Based Classifications, William J. Fitzpatrick

Loyola University Chicago Law Journal

No abstract provided.