Legal History Commons^™

Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.

The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis

UIC Law Review

No abstract provided.

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

Discrimination, Jobs, And Politics: The Struggle For Equal Employment Opportunity In The United States Since The New Deal, James L. Thompson

Michigan Law Review

A Review of Discrimination, Jobs, and Politics: The Struggle for Equal Employment Opportunity in the United States since the New Deal by Paul Burstein

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.

The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.

Tracing the lawsuit as …

Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng

UIC Law Review

No abstract provided.

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen

Michigan Law Review

This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …

Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin

UIC Law Review

No abstract provided.

The Forgotten Era, David S. Bogen

Faculty Scholarship

No abstract provided.

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson

BYU Law Review

No abstract provided.

The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen

Faculty Scholarship

October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.

Fundamental Issues In Housing Discrimination Litigation, J. Michael Mcguinness

North Carolina Central Law Review

No abstract provided.

Judicial Deference To Legislative Reality: The Interpretation Of Title Ix In The Contect Of Collegiate Athletics, Stephen W. Devine

North Carolina Central Law Review

No abstract provided.

Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese

Washington and Lee Law Review

No abstract provided.

Legal History And The Law Of Blasphemy, Morris S. Arnold

Michigan Law Review

A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …

The Bloodless Revolution: The Role Of The Fifth Circuit In The Integration Of The Deep South, Frank T. Read

Mercer Law Review

On October 1, 1981, the nation's foremost civil rights tribunal will be no more. On that date, the Fifth Circuit Reorganization Act will become effective and the famous United States Court of Appeals for the Fifth Circuit will be divided into two new circuits.' With the passing of the Fifth Circuit into history's dusty pages, it is appropriate to reflect on the contributions of that court in this nation's monumental struggle to desegregate the public schools of the Deep South.

On May 17, 1954, the United States Supreme Court, in its most important decision in this century, rejected the "separate …

Chief Justice Earl Warren, Otis H. King

North Carolina Central Law Review

No abstract provided.

Justice John M. Harlan, Drew S. Days Iii

North Carolina Central Law Review

No abstract provided.

Justice Byron R. White, Charles E. Daye

North Carolina Central Law Review

No abstract provided.

Justice William Brennan, John Doar

North Carolina Central Law Review

No abstract provided.

Justice William O. Douglas, Wiley A. Branton

North Carolina Central Law Review

No abstract provided.

Justice Potter Stewart, Vincent L. Broderick

North Carolina Central Law Review

No abstract provided.

The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick

North Carolina Central Law Review

No abstract provided.