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Articles 571 - 572 of 572
Full-Text Articles in Law and Race
Constitutional Law-Equal Protection-Disparity Of Privilege And Discrimination
Constitutional Law-Equal Protection-Disparity Of Privilege And Discrimination
Michigan Law Review
The equal protection clause of the fourteenth amendment provides that no person or class of persons shall be denied the same protection of the laws that others in the same place and under like circumstances enjoy. But it has been said that "equality and not identity of privileges and rights is what is guaranteed to the citizen" by the fourteenth amendment. People v. Gallagher, 93 N. Y. 438, 45 Am. Rep. 232. Any law which in terms provides for identity of privileges and rights, but which operates in such a manner as to produce political or economic inequality. because of …
Race Segregation Ordinance Invalid, Henry M. Bates
Race Segregation Ordinance Invalid, Henry M. Bates
Articles
The opinion in Buchanan v. Warley reflects the confusion and difficulty of that troublesome problem, the place of the negro race in the United States, with which the case and the segregation ordinance of Louisville discussed therein are essentially concerned. The decision by a unanimous court reverses the holding of the Kentucky Court of Appeals, and declares that the ordinance violates the Fourteenth Amendment. This result is reached by one of those anomalous and objectionable devices which characterize our methods of solving fundamental constitutional questions. The case arose upon a bill for specific performance of a contract, whereby the plaintiff, …