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Articles 361 - 376 of 376
Full-Text Articles in Fourteenth Amendment
Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review
Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review
Michigan Law Review
On June 22, 1965, the Court of Appeals for the Fifth Circuit entered an order requiring the Jackson, Mississippi, Municipal Separate School District to submit a plan for the total desegregation of the district, and specifically requiring that at least four grades be desegregated in the school year 1965-1966. In reaching its decision, the court gave "great weight" to the standards used by the Office of Education of the United States Department of Health, Education, and Welfare (HEW) to determine whether schools qualify for federal financial assistance. The court reasoned that since the objectives of both the judiciary and the …
Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers
Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers
Michigan Law Review
This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Michigan Law Review
A more complete understanding of the case, while doing much to temper the initial outburst of disapproval, did not by any means dispel all criticism of the decision or allay all the apprehensions aroused by it. Believing that the Supreme Court's opinion was premised on a fundamentally erroneous interpretation of the establishment clause of the first amendment, Bishop James A. Pike headed a movement to amend the Constitution so as to restore what he regarded as the true and intended meaning of its pertinent language. In the meantime, the Supreme Court has agreed to review and has heard argument on …
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …
Church And State: Cooperative Separatism, Paul G. Kauper
Church And State: Cooperative Separatism, Paul G. Kauper
Michigan Law Review
Nothing is better calculated to stimulate argument, arouse controversy, excite the emotions and even produce intense visceral reactions than a discussion of church-state relations. Always a subject of lively interest, it has received added attention and emphasis in recent months. Perhaps at no time in at least the modem era of American history have the questions of the proper relationship between religion and government been more thoroughly publicized and explored, and the issues more widely debated, than during the period beginning with the presidential campaign of 1960.
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Michigan Law Review
Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Michigan Law Review
On May 19, 1954, the Supreme Court of the United States declared that segregation in public schools was a denial of equal protection of the law. Since that date many and varied plans have been proposed to maintain segregated education by avoiding the impact of the decision. The legality of three of these proposed avoidance devices will be analyzed in this comment.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Michigan Law Review
Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …
Released Time And Religious Liberty: A Further Reply, Paul G. Kauper
Released Time And Religious Liberty: A Further Reply, Paul G. Kauper
Michigan Law Review
In his "Reply" to the writer's review of his excellent book, Mr. Pfeffer has singled out the part of the review in which the writer discussed the released-time problem and the position taken by Mr. Pfeffer with respect thereto. To prolong the arguments over this matter in the pages of this Review would he unprofitable, hut the writer feels that a few comments on Mr. Pfeffer's reply would not he out of order.
The School Segregation Cases: A Comment, Paul H. Sanders
The School Segregation Cases: A Comment, Paul H. Sanders
Vanderbilt Law Review
Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of …
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Constitutional Law—Application Of Separate But Equal Doctrine To Racial Segregation In Lower Public Schools. [Delaware], J. Hunter Lane Jr.
Washington and Lee Law Review
No abstract provided.
The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier
The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier
Michigan Law Review
Recent cases in which the Court has overthrown enforced separation in public higher education on the ground of inequality but without consideration of the merits of the separate but equal rule have been the occasion for an outpouring of law review discussion on the subject. The present paper is a part of this stream. Its purpose is two-fold: first, to set forth the judicial history of the modern separate but equal rule, noting its pre-Fourteenth Amendment origin and the rather uncritical manner in which courts permitted it to infiltrate its way from one area of the law to another; and …
Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson
Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Fourteenth Amendment-Equal Protection Of The Laws-Racial Segregation In Public Educational Institutions, Neal Seegert S.Ed.
Constitutional Law-Fourteenth Amendment-Equal Protection Of The Laws-Racial Segregation In Public Educational Institutions, Neal Seegert S.Ed.
Michigan Law Review
Segregation of races, particularly separation of white and colored races, has long been condoned by American courts as permissible under the Fourteenth Amendment to the Constitution of the United States. Underlying the traditional view is the idea that the equal protection clause is not violated by segregation so long as equal facilities are provided for both races. On this basic premise a large number of jurisdictions, particularly the southern states, have predicated constitutional provisions and statutory enactments compelling racial segregation, while a number of other states where segregation has not been forbidden by express constitutional or statutory provision have achieved …
Constitutional Law—States' Obligations Under The Equal Protection Clause To Furnish Educational Facilities To Negroes. [United States Supreme Court], Enos Rogers Pleasants Jr.
Constitutional Law—States' Obligations Under The Equal Protection Clause To Furnish Educational Facilities To Negroes. [United States Supreme Court], Enos Rogers Pleasants Jr.
Washington and Lee Law Review
No abstract provided.
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Michigan Law Review
Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …