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Civil Rights and Discrimination

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Articles 541 - 549 of 549

Full-Text Articles in Judges

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow Jan 1975

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …


Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski Jan 1972

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …


Introduction, Joseph O'Meara Jan 1964

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …


The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis Oct 1953

The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis

Indiana Law Journal

No abstract provided.


Rutledge And Civil Liberties, W. Howard Mann Jul 1950

Rutledge And Civil Liberties, W. Howard Mann

Indiana Law Journal

No abstract provided.


Freund: On Understanding The Supreme Court., Michigan Law Review Jun 1950

Freund: On Understanding The Supreme Court., Michigan Law Review

Michigan Law Review

A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.


Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr. Apr 1950

Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.

Michigan Law Review

Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man.


Mr. Justice Murphy And Civil Rights, Thurgood Marshall Apr 1950

Mr. Justice Murphy And Civil Rights, Thurgood Marshall

Michigan Law Review

There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …


Federal Courts-Disqualification Of District Judge For Prejudice- Sufficiency Of Affidavit, John C. Walker Apr 1949

Federal Courts-Disqualification Of District Judge For Prejudice- Sufficiency Of Affidavit, John C. Walker

Michigan Law Review

Defendants were indicted in a federal district court for conspiring to organize as the Communist Party of the United States and to advocate overthrowing the government by force or violence in violation of a federal statute. During argument on their motion for a 90-day extension, the judge remarked he thought "public policy might require that the matter be given prompt attention . . . when perhaps there may be some more of these fellows up to that sort of thing"; that "I am not going to give them anything like 90 days, I am going to tell you right now"; …