Civil Rights and Discrimination Commons^™

Judicial Intervention As A Psychiatric Therapy Tool, Eleanor A. Blackley

Cleveland State Law Review

Commitment to a mental institution by itself does not, in all states, suspend civil rights. The court psychiatric unit is an early outpost of a preventive, coordinative venture which gives, at long last, practical humane expression to protection of and consideration for the civil rights of the mentally ill adult involuntary patient whose condition obstructs his capacity to demand such safeguards himself. Persons suffering from mental disorders are frequently too disabled to claim their civil rights themselves.

Bias In Housing: Toward A New Approach, Charles E. Rice

Journal Articles

The problem of racial discrimination in housing is the product of several factors. Among these is racial prejudice on the part of private land owners, real estate brokers, builders and mortgage finance institutions.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Voting Rights Act Of 1965: Some Dissenting Observations, Charles E. Rice

Journal Articles

On March 7, 1966, the Supreme Court of the United States, over the partial dissent of Mr. Justice Black, sustained the Voting Rights Act of 1965. In the mode of its adoption, the reach of its provisions, and the strength of the reactions it aroused, the act was extraordinary. And the decision which sustained it was no less so in its legitimation of expanded administrative power and in its effect upon the balance of federal and state powers. In order to assess the act, and incidentally the ruling which sustained it, it will be helpful to sketch the basic voting …

Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review

Michigan Law Review

Plaintiff, a citizen of Oberlin, Ohio, brought an action for declaratory and injunctive relief to review the constitutionality of the city's fair housing ordinance, which makes it a misdemeanor to discriminate because of race, creed, or color in the sale or rental of housing. Under the procedure established by the ordinance, the Housing Renewal Commission is directed to make investigations of complaints filed with it. If violations are discovered, the commission must attempt to eliminate the discriminatory practices by conciliation and persuasion. If these efforts fail, the entire record of the matter must be forwarded to the city council, accompanied …

Federal Public-Accommodations Law: A Dissent, Charles E. Rice

Journal Articles

Discrimination in public accommodations presents the most appealing case for compulsory civil-rights legislation. In practical terms, the Civil Rights Act of 1964 has eliminated much of the existing segregation in public accommodations, and, with continued enforcement, the job should be soon completed even in the most hostile areas of the South. The public-accommodations problem, therefore, is no longer a live issue. It is useful, however, to touch upon it, for those who would restrain federal power are often challenged by the taunt, "What would you do about public accommodations? Would you leave it up to the states? How would you …

Order And Civil Liberties: A Complex Role For The Police, George Edwards

Michigan Law Review

The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …

Civil Disobedience V. The Rule Of Law, Lewis F. Powell Jr.

Powell Speeches

Lecture at Union Theological Seminary, Richmond, Virginia

State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell

Washington Law Review

This article purports to investigate state legislation which prohibits discrimination in public accommodations and some of the more important administrative efforts which have been undertaken to implement these statutes. More specifically, the article attempts to: (1) summarize legislation currently in effect which prohibits discrimination in public accommodations; (2) investigate litigation, which has contested public accommodations statutes in order to determine whether the statutes threaten wider and more fundamental liberties; and (3) review some of the main activities of anti-discrimination commissions—agencies which have undertaken to execute or apply public accommodation laws.

State Board Against Discrimination: Order To Hire As An Authorized Remedy, Anon

Washington Law Review

The Washington State Board Against Discrimination processed a complaint filed by Mrs. Geraldine Arnett charging defendant hospital with refusing to accept her application for employment as tray girl because of her Negro race. Investigation by the board substantiated Mrs. Arnett's charge of racial discrimination, but informal negotiation between the board and defendant failed to yield a satisfactory solution. The board then held a formal hearing, found defendant in violation of the Law Against Discrimination, and ordered it to accept Mrs. Arnett's application and offer her employment in the first vacant position for tray girl, providing she met the standard qualification …

Diversity Jurisdiction: A Symposium

Indiana Law Journal

No abstract provided.

The Ascertainment Of State Law In Diversity Cases

Indiana Law Journal

No abstract provided.

Appendix: Statistical Analyses Of Diversity Jurisdiction

Indiana Law Journal

No abstract provided.

The Effect Of Diversity Jurisdiction On State Litigation

Indiana Law Journal

No abstract provided.

The Operation Of Federalism In Diversity Jurisdiction: Erie's Constitutional Basis

Indiana Law Journal

No abstract provided.

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

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 …

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

"Civil Rights", Harry G. Boyte

Special Collections: Oregon Public Speakers

No abstract provided.

Unfair Representation As An Unfair Labor Practice, Michigan Law Review

Michigan Law Review

In its 1962 Miranda Fuel Co. decision, the National Labor Relations Board formulated a novel doctrine whereby it acquired jurisdiction over unfair representation complaints filed by union members in good standing on the theory that a union which fails to represent all of its members fairly commits unfair labor practices in violation of sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act. Formerly, unfair representation complaints filed by union members had been cognizable only by the courts, since unfair representation was not considered an unfair labor practice and, consequently, was outside the jurisdiction of the NLRB.

Civil Rights--Removal Of Cause, Robert Willis Walker

West Virginia Law Review

No abstract provided.

Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen

Michigan Law Review

Classification along racial lines, when involving state action, is unconstitutional. Such classification may violate the due process or equal protection clause of the fourteenth amendment or the fifteenth amendment, and it has been held invalid in the fields of education, transportation, voting, recreational facilities, ownership and use of real property, and jury selection.

Freezing Voter Qualifications To Aid Negro Registration, Michigan Law Review

Michigan Law Review

The literacy test, used by many states in determining the qualifications of voters, has proved to be a major obstacle to the elimination of voter discrimination based on racial characteristics. Under recently enacted statutory provisions, citizens who attempt to register to vote in certain states are faced with test questions of such difficulty that it is virtually impossible to answer them satisfactorily. Where there is permanent voter registration, the effect is to secure a position of political dominance for those registered prior to the institution of the tests. In those states in which individuals had been denied registration by prior …

Racial And Civil Disorders In St. Augustine; Report Of The Legislative Investigation Committee., Legislative Investigation Committee.

Books

A report on Race relations and civil disorders in St. Augustine in February, 1965. PALMM

De-Facto Segregation, Paul Auster

William & Mary Law Review

No abstract provided.

United States V. Mississippi (P. 557-563), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

A list of delegates' names at the 1890 Mississippi constitutional convention who sought to restrict African American franchise and perpetuate white supremacy.

United States V. Mississippi (P. 623-709), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

Factual basis and sources for assertion that public education facilities for African Americans were and are inferior to those provided for whites.

United States V. Mississippi (P. 615-622), United States. Supreme Court

United States v. Mississippi Interrogatory Answers

Purpose of six acts of the 1962 Mississippi legislature designed to deter, prevent, delay and harass African American efforts to vote and to facilitate discrimination against African Americans.