Civil Rights and Discrimination Commons^™

Constitutional Law—1866 Civil Rights Act Held Constitutional Under The Thirteenth Amendment, Howard E. Fenton

Buffalo Law Review

Jones v. Mayer Co., 392 U.S. 409 (1968).

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. …

Law Enforcement In The Administration Of Justice, James C. Corman

William & Mary Law Review

No abstract provided.

Tax Incentives As A Solution To Urban Problems, Lawrence M. Stone

William & Mary Law Review

No abstract provided.

Personal Freedom In A Time Of Change, John V. Lindsay

William & Mary Law Review

No abstract provided.

Civil Disobedience, Dissent, And Violence - A Canadian Perspective, Maxwell Cohen

William & Mary Law Review

No abstract provided.

The American Negro Today, Fred R. Harris

William & Mary Law Review

No abstract provided.

A Study Of Civil Disorder In Detroit, Elliot D. Luby, James Hedegard

William & Mary Law Review

No abstract provided.

Crisis In Narcotics - Are Existing Federal Penalties Effective?, Mary M. Burnett

William & Mary Law Review

No abstract provided.

"Black Heritage", Alex Haley

Special Collections: Oregon Public Speakers

No abstract provided.

Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review

Michigan Law Review

The concept of the local draft board is based on the theory that selection of persons for compulsory military service can be accomplished most fairly by small groups of neighbors of those who are to serve. As the National Office of the Selective Service recently stated: "Because of its comparatively long association with a registrant and knowledge of what he has done, the local board is relatively well qualified to evaluate his ability to perform," A corollary to this basic theory is that a more flexible selection process evincing greater sensitivity to the problems of individual registrants can be achieved …

Title Vii Of The Civil Rights Act: Four Years Of Procedural Elucidation, Francis T. Coleman

Duquesne Law Review

Title VII of the Civil Rights Act of 1964 has recently celebrated its fifth anniversary. While it is difficult at this point to assess the longrange impact which this controversial piece of civil rights legislation will have on employment and personnel policies throughout the country, it can be safely stated that the Act has thus far created a field day for the nation's lawyers. Perforce, both they and the judiciary have become fellow travelers along the tortuous paths which lead to ultimate enforcement of the Act's substantive guarantees.

Citizens, Police, And Polarization: Are Perceptions More Important Than Facts?, Robert J. Condlin

Faculty Scholarship

No abstract provided.

The School Desegregation Cases In Retrospect—Some Reflections On Causes And Effects, Yale Kamisar

Book Chapters

Recently, when asked to give a lecture on appellate advocacy, Justice Thurgood Marshall reminded his audience what Judge Benjamin Cardozo had once said: "The great tides and currents which engulf the rest of men do not turn aside in their course and pass judges by." An outstanding example, he might have added, is Brown v. Board of Education.

In a sense, the significant changes which have occurred in the Black man's status in the last two decades had their beginnings in the rise of numerically, and hence politically, important Black communities in the North. For the importance of civil rights …

The New Law Of Race Relations, Arthur Larson

Faculty Scholarship

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

A "New" Weapon To Combat Racial Discrimination In Employment: The Civil Rights Act Of 1866 - Dobbins V. Local 212, International Brotherhood Of Electrical Workers

Maryland Law Review

No abstract provided.

Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield

Michigan Law Review

The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …

Reapportionment--Legislative Bodies--Significant Deviation From Standard Of Substantial Population Equality Of State Legislative Districts Is Permissible To Provide Representatives For Two Island Counties--Vigneault V. Secretary Of The Commonwealth, Michigan Law Review

Michigan Law Review

Since Baker v. Carr, when the Supreme Court overruled a long line of earlier decisions and concluded that the relationship of the equal protection clause to a state's power to create geographical districts for legislative representation was a justiciable issue, state apportionment plans have come under increasing judicial scrutiny. In Gray v. Sanders, the Court held invalid a Georgia primary election plan which favored voters from rural areas. Although Gray dealt with the dilution of individual voting rights rather than legislative reapportionment, it is important as the first enunciation of the now-famous "one man-one vote" test. Specifically, the …

Book Review, James B. Boskey

Cleveland State Law Review

Reviewing Albert P. Blaustein and Robert L. Zangrando, Civil Rights and the American Negro: A Documentary History, Trident Press, 1968

Civil Disobedience: Is It Justified?, W. T. Blackstone

Georgia Law Review

THE question, "Is civil disobedience justified?", raises profound problems of ethics and legal and political philosophy. Perhaps a precise and general answer to this question is impossible, but in this Article I wish to elucidate the various components and aspects of this question so that, to whatever extent possible, it can be intelligibly formulated and answered. It seems plain that we first must have a clear-cut definition of what constitutes civil disobedience, and it is plainly the case that many discussions of the question of civil disobedience have been both confusing and unfruitful because the participants did not have an …

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.

Human Rights: A Tide In The Affairs Of Men, Paul G. Kauper

Georgia Law Review

MANY movements are discernible in these turbulent days of social change and revolution. Not the least is a great tidal movement, global in its dimensions, for the articulation, extension and more effective vindication of human rights. The celebration in 1968 of the twentieth anniversary of the adoption by the United Nations Assembly of the Declaration of Human Rights riveted special attention on the human rights movement and makes this subject particularly appropriate. Since the phrasing is so apt to describe the situation, I hope I shall be forgiven for cribbing a part of Shakespeare's familiar sentence and using it in …

Black, White, Brown And Green: Color Consciousness In Public School Desegregation, Fh. Von U.

Georgia Law Review

Since 1954 and Brown v. Board of Education it has been against the law to educate white and black children separately. Separate schools, separate classrooms within a single school, or separate seating arrangements within the same classroom are inherently discriminatory. The law which separate education violates is not an HEW Rule, Regulation or Guideline; nor is it a federal statute. Where a public school system includes children of more than one color or national origin, education of any group of children within that system in a school which is identifiable as "belonging" to one race or another violates the United …

Title Vii In The Federal Courts - Private Or Public Law, Robert J. Affeldt

Villanova Law Review (1956 - )

No abstract provided.

Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar

Michigan Law Review

A Review of Concerning Dissent and Civil Disobedience by Abe Fortas

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.