Law and Race Commons^™

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 …

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 …

The Warren Court And Desegregation, Robert L. Carter

Michigan Law Review

When Chief Justice ·warren assumed his post in October 1953, the underpinnings of the "separate but equal" concept had become unmoored beyond restoration. Full-scale argument on the validity of apartheid in public education was only weeks away, and the portent of change in the constitutional doctrine governing American race relations was unmistakable. Although the groundwork had been carefully prepared for the Chief Justice's announcement in Brown v. Board of Education that fundamental principles forbade racial segregation in the nation's public schools, the decision, when it was delivered on :May 17, 1954, was more than a break with the past. In …

The Negro And Fair Employment, Irving Kovarsky

Kentucky Law Journal

No abstract provided.

Program: In Memoriam Of The Late Rutledge H. Pearson, Sr.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Funeral program for Rutledge H. Pearson, Sr. Saturday, May 6, 1967 at Shiloh Metropolitan Baptist Church.

North Carolina College At Durham Law Review, Vol. 2 No. 1, North Carolina Central University School Of Law

North Carolina College at Durham Law Review

No abstract provided.

A Tribute To Chief Judge Tuttle, Earl Warren

Georgia Law Review

It is entirely fitting that this new and lively journal of the law should be paying tribute to Judge Elbert P. Tuttle. For though he has relinquished his position as Chief Judge of the United States Court of Appeals for the Fifth Circuit because of the statutory age limit he continues to serve that court and to stand for what is young and vibrant and progressive in his State, in the South and throughout the country. I am honored to have been invited to add my few words in praise of a great Judge.

Judge Tuttle came to the federal …

Program: Naacp Freedom Banquet And Biography Of Speaker Charles Evers

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Freedom Banquet held on Friday, September 2, 1966. Charles Evers, brother of Medgar Evers was the keynote speaker.

Notes For Law Day Speech, Lewis F. Powell Jr.

Powell Speeches

Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.

North Carolina College At Durham Law Review, Vol. 1 No. 1, North Carolina Central University School Of Law

North Carolina College at Durham Law Review

No abstract provided.

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 …

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 …

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.

Race And Crime Control, Robert Coles

Kentucky Law Journal

No abstract provided.

Flyer: Naacp List Of Grievances.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

NAACP list of exclusionary and segregationist grievances. Circa 1957-1965. Folder 2

Book Note, Law Review Staff

Vanderbilt Law Review

Mr. Stringfellow strikes hard at the indifference of the legal profession to the plight of the poor before the bar. Usually, they are "simply not represented at all," much less honestly or effectively. He attributes this to three factors: the expense and time usually involved in the legal process, charlatan lawyers who exploit the poor, and the poor man's image of the law derived from police brutality. The police are the poor's most frequent contact with the law, and "the image that they see when they see the law in action is of the law as an enemy." Mr. Stringfellow …

A Survey Of American Negro Slavery As Seen In Its Legal Aspects, Mona M. Webb

Graduate Student Research Papers

This paper presents a limited study of the legal basis for slavery in pre-civil war United States laws.

Washington's Alien Land Law—Its Constitutionality, Theordore Roodner

Washington Law Review

The law, currently extant in Washington, denying aliens who have not declared their intention in good faith to become citizens of the United States the right to own land, and the constitutional provision to the same effect have their beginnings in prejudice and mob violence. Although the modern application of the law has been directed almost solely at the Japanese residents of the state, at its inception it was probably aimed at the Chinese.

Law And The Negro Revolution; Ten Years Later, Henry Paul Monaghan

Faculty Scholarship

Scarcely ten years ago the Supreme Court of the United States sounded the death knell for segregation in the public schools. In so doing, the high court in fact did much more, for its decision drew together and united the diverse elements in American society which were arrayed against segregation in all its forms. Thus began the great social upheaval which we loosely term "the Negro revolution."

The broad goal is readily discernible. The Negro demands admittance to American public life, to the schools, theatres, restaurants, hotels, job opportunities and the like which comprise the "public" sector of our society; …

Flyer: Jacksonville March For Jobs & Freedom. Saturday, October 5, 1963

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Civil Rights march in Jacksonville. Starting point at Bethel Baptist Institutional Church. Folder 2

Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay

Michigan Law Review

If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.

Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser

Michigan Law Review

It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.

The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Michigan Law Review

The nature of American national government has undergone a profound metamorphosis, moving from the near oligarchy which characterized the system as established in 1789 to the imperfectly representative government which it is today. At the time the Constitution was ratified, all restrictions then imposed by the several states on the right to vote for state and federal electors were preserved. These various limitations on the franchise restricted the active body politic to approximately four percent of the total population. Disfranchisement applied then, as now, to those under twenty-one, to those lacking sufficient residence in a given community, to the insane, …

School Segregation In The North And West: Legal Aspects, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The Alien Registration Act Of 1940, Carol R. Rice

History ETDs

The purpose of this thesis is to discuss the various factors which led to the passage of the Smith Act. Into this consideration will enter the numerous bills introduced during the decade, the congressional investigating committee, and their reports.

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Publications

No abstract provided.

Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott

Michigan Law Review

A substantial number of students at the Alabama State College for Negroes had been participating in peaceful demonstrations protesting racial segregation. The president of the college advised the students to return to their studies which were disrupted by these demonstrations, and personally warned three of the plaintiffs to discontinue their participation in the demonstrations. Nonetheless, further demonstrations ensued in which the plaintiffs took part. The State Board of Education then voted to expel the plaintiffs who were allegedly the leaders of the organization responsible for the demonstrations. The notices of expulsion mailed to the plaintiffs stated no reason for the …

Constitutional Law - Equal Protection - Racial Segregation Of Spectator Seating In Courtroom, Thomas W. Van Dyke

Michigan Law Review

Defendant, judge of a municipal court in Virginia, assigned seating on the basis of race in that part of his courtroom reserved for spectators and for those awaiting the call of their business before the court. The same number of seats were provided for Negroes as for whites. There was no separation of the races in the area immediately before the bench nor was there any complaint of discrimination in the administration of justice. Plaintiffs are Negroes who have been required on more than one occasion to occupy seats in the spectator section on a racially-segregated basis. In a suit …

Brief History Of Northeast Florida Council On Human Relations, Northeast Florida Council Of Human Relations

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A short summary of the Northeast Florida Council on Human Relations, its history, function, importance, and their positions. They are an inter racial organization committed to civil rights. Dated January 16, 1962