AuthorTitleCitationSummaryYear
  Executory Limitation Preventing Sale to Negroes Unenforceable in State Court 58 Columbia Law Review 571 (April, 1958) Plaintiff Negroes purchased property in an area which, by agreement among plaintiffs' predecessors in title and adjoining landowners, was subject to a restrictive covenant and an executory limitation which provided that any lot conveyed to a colored person shall be forfeited to . the then owners of . [other] lots . who may assert title thereto by... 1958
Alan F. Westin John Marshall Harlan and the Constitutional Rights of Negroes: the Transformation of a Southerner 66 Yale Law Journal 637 (April, 1957) When the United States Supreme Court announced its decision in the Segregation Cases, a New York Times editorial commenting on the decision was headed, appropriately enough, Justice Harlan Concurring. The editorial began: It is eighty-six years since the Fourteenth Amendment was proclaimed a part of the United States Constitution. It is... 1957
James M. House The Strange Career of Jim Crow 34 Texas Law Review 500 (February, 1956) As its title indicates, this book is about the segregation of the Negro in our southern states. In it Professor Woodward, a historian, has presented the first historical account of the development of segregation and the Jim Crow laws in this region. He traces its development from 1877, when the carpet baggers were overthrown and the federal... 1956
  Supreme Court Equity Discretion: the Decrees in the Segregation Cases 64 Yale Law Journal 124 (November, 1954) In its decisions repudiating the doctrine of separate but equal in the field of public education, the Supreme Court called for further argument regarding an appropriate form of relief. Questions propounded by the Court center about three interlocking problems: (1) May the Court under its equity powers formulate a decree providing for gradual... 1954
  Civil Rights--denial of Vote to Negroes in Pre-primary Election 101 University of Pennsylvania Law Review 145 (October, 1952) The Jaybird Party of Fort Bend County, Texas, held all-white primaries for county and precinct officers, and the winners then applied for a place on the Democratic primary ballot as individuals rather than candidates of the Jaybird Party. It was admitted that endorsement by the Jaybirds usually meant that the winner would be unopposed in the... 1952
Stayton M. Bonner Constitutional Law-refusal to Rent to Negro by Private Redevelopment Company Not State Action.-dorsey V. Stuyvesant Town Corp., 299 N.y. 512, 87 N.e. 541 (1949), Cert. Denied, 18 U.s.l. Week. 3338 (U.s. June 6, 1950) 28 Texas Law Review 976 (October, 1950) A private corporation constructed housing units under an agreement with the city, made pursuant to the New York Redevelopment Companies Law. The contract was silent on the subject of racial discrimination. The city condemned the land, bought it under one title, and granted a twenty year tax exemption for the enhancement of the property. The company... 1950
  Judicial Review of Interstate Commerce Commission Orders Denying Reparations to Shippers 59 Yale Law Journal 770 (March, 1950) When a shipper sues a railroad for reparation of excessive freight payments, Section 9 of the Interstate Commerce Act requires him to elect as his forum either the Interstate Commerce Commission or a federal district court. Initial election of the district court, however, does not always spare the shipper the necessity for eventual resort to the... 1950
  Labor Law -- Picketing -- Picketing by Negroes to Obtain Employment in Proportion to Negro Customers Held Unlawful 62 Harvard Law Review 1077 (April, 1949) The petitioners, officers of Negro organizations, requested that one grocery operated by Lucky Stores, Inc., employ Negro clerks in the same proportion as it had colored customers -- about 50 per cent -- the Negroes to replace white employees only as vacancies should arise. Upon the management's refusal, petitioners peacefully picketed the store... 1949
Samuel D. Thurman, Jr., Associate Dean and Associate Professor of Law Stanford University Mr. Justice Black. By John P. Frank. New York: Alfred A. Knopf. Xix + 357 Pages. $4.00 1 Stanford Law Review 578 (April, 1949) No more controversial figure was ever named to the United States Supreme Court than Hugo LaFayette Black. Even President Wilson's appointment of Louis D. Brandeis failed to arouse the American people to the point where 60 percent of them would ask for the resignation of a man already confirmed by the United States Senate. Yet the Gallup Poll in... 1949
Few Brewster Mr. Justice Black. The Man and His Opinions 27 Texas Law Review 573 (April, 1949) This volume demonstrates two things, namely, that while no man is a hero to his valet, a Supreme Court Justice may be one to his law clerk, and that a living, active man is not good material for biography. In fairness, it must be said that Mr. Frank himself recognizes these two possible sources of weakness, in his Author's Preface. While the author... 1949
  Private Attorneys-general: Group Action in the Fight for Civil Liberties 58 Yale Law Journal 574 (March, 1949) Those who look to the government for protection or gain have long recognized the comparative inadequacy of individual action. They have learned that government will best serve those who merge their efforts into effective organizations. The law of civil liberties, as developed by courts, legislatures, and administrative agencies over the last two... 1949
  Jury - Challenges and Objections - Challenging Peremptorily All Negroes on Jury Panel by Federal Prosecutor Held Not Improper 61 Harvard Law Review 1455 (September, 1948) Defendants, three Negroes, were tried for the murder of a white man and found guilty by a jury in the District Court for the District of Columbia. All Negroes on the panel had been excluded from the jury by Government counsel's exercise against them of nineteen of the twenty peremptory challenges authorized. Two of the defendants moved for a new... 1948
Ulysses Lee Black Metropolis: a Study of Negro Life in a Northern City. By St. Clair Drake and Horace R. Cayton, with an Introduction by Richard Wright and a Methodological Note by W. Lloyd Warner. New York: Harcourt, Brace and Company, 1945. Pp. Xxiv, 809. $5.00 55 Yale Law Journal 455 (February, 1946) During the war years public interest in the peoples who make up the American nation has grown both in breadth and in intensity. Much of this concern has revealed itself in regard to minority problems, especially those of the American Negro. Books, pamphlets and study guides on this phase of American life have ranged from the popular works of Louis... 1946
Charles C. Loveless, Jr. Constitutional Law-burden on Interstate Commerce-segregation of White and Colored Passengers 25 Texas Law Review 89 (November, 1946) A negro passenger on an interstate bus was arrested for refusing to change her seat in compliance with the driver's direction pursuant to a Virginia statute which required segregation of white and colored persons. Va. Code (Michie, 1942) § 4097 dd; Va. Acts (1930) 343. Held (one justice dissenting), reversing the state supreme court, that the... 1946
Charles E. Wyzanski, Jr. An American Dilemma, the Negro Problem and Modern Democracy 58 Harvard Law Review 285 (December, 1944) To students of American civilization Gunnar Myrdal deserves to be as well known as Alexis de Tocqueville or James Bryce. Like them, Myrdal is a foreigner who has written a better report than any native on certain phases of our institutions, mores and values. However, unlike Democracy in America, and The American Commonwealth, An American Dilemma... 1944
  Constitutional Law - Equal Protection of the Laws - Discrimination in Rate of Compensation Between Colored and White Teachers Held Unconstitutional 53 Harvard Law Review 669 (February, 1940) A Maryland statute set a schedule of minimum wages for white teachers in the public schools, and a lower schedule for teachers invariably Negroes in the colored public schools. The County School Board paid the plaintiff, a principal in a colored elementary school, less than the statutory minimum for white principals. On his own behalf, and on... 1940
  The Legal Status of the Negro 54 Harvard Law Review 178 (November, 1940) But for the absence of black letter rules and caveats, one might well expect this book to be titled Restatement of the Law Relating to the Negro. This the author recognizes, for he writes that his study is not a philosophic treatise on the problems of race relations and the courts, but a statement of the law as it has been interpreted by courts... 1940
  The Negro Citizen in the Supreme Court 52 Harvard Law Review 823 (March, 1939) The Civil War Amendments, by making the Negro a citizen and surrounding this citizenship with constitutional safeguards, made his legal rights an important federal question. Faced with the task of curbing the acts of a vindictive postwar Congress and a resentful, race-conscious South, the Supreme Court found itself in the difficult position of... 1939
  Exclusion of Negroes from State Supported Professional Schools 45 Yale Law Journal 1296 (May, 1936) A Negro citizen of Maryland, admittedly qualified, was refused admission to the Law School of the University of Maryland, the only publicly supported law school in the state, on the sole ground of his color. While there was no legislation expressly excluding Negroes from the University, the state's policy of continuing educational segregation of... 1936
  Nixon V. Condon-disfranchisement of the Negro in Texas 41 Yale Law Journal 1212 (June, 1932) On May 26, 1927, the Governor of Texas officially informed the Legislature that the United States Supreme Court in Nixon v. Herndon had declared unconstitutional a Texas statute prohibiting negroes from voting in Democratic primaries. With the same message, he submitted for legislative consideration a repeal of this article and the enactment of a... 1932
Ulrich B. Phillips Race, Class and Party: a History of Negro Suffrage and White Politics in the South. By Paul Lewinson. New York: Oxford University Press. 1932. Pp. X, 302. $3.75 41 Yale Law Journal 1268 (June, 1932) A Monograph ought to be explicit in title as well as in text. The present book fits its subtitle admirably; the main title smacks of smartness and impertinence in the publisher's office, and would better have been suppressed. It may be suspected also that the publisher is responsible for placing the footnote enrichment in the back of the book,... 1932
  Common Carriers-power of Franchising Commission to Order Equal Bus Accommodations for Negroes 39 Yale Law Journal 1207 (June, 1930) The defendant Commission was authorized by statute to grant franchises to bus operators, and to make rules governing the transportation of passengers for hire. [N. C. Pub. Laws (1927) c. 136 § 7]. Some of the respondent bus operators had refused to carry negroes, and none had supplied separate accommodations for them. The plaintiffs petitioned the... 1930
  Right of Negroes to Vote in State Primaries 43 Harvard Law Review 467 (January, 1930) The problem of negro disfranchisement reappears periodically to disturb those who cannot reconcile their social or political convictions with the guarantees of the Constitution. Apparently almost dormant, it yet retains sufficient vitality to take on each time a new and disconcerting aspect. In its most recent apparition, it involves the right of... 1930
  Intermarriage with Negroes-a Survey of State Statutes 36 Yale Law Journal 858 (April, 1927) A bill prohibiting intermarriage between white persons and Negroes was recently introduced in the Connecticut legislature and referred to the Judiciary Committee, which reported it un favorably. This report was accepted and the bill was rejected. Similar bills are part of the law of twenty-nine of our states. In these states the Negroes comprise... 1927
Roy W. McDonald Negro Voters in Democratic Primaries 5 Texas Law Review 393 (June, 1927) For sixty years the white men of the Southern States have sought to control the electoral franchise. From Mississippi and South Carolina, the only states in the nation where the negro population is greater than the white, to Texas and Oklahoma, the western boundary states of the old South, statutes and constitutional provisions have looked toward... 1927
  Constitutional Law-due Process-enforcement of Covenant Not to Convey to Negroes 35 Yale Law Journal 755 (April, 1926) Lots in a certain tract were sold subject to a covenant that they should never be conveyed to negroes. The grantee of one of these lots subsequently sought to sell to a negro, and the neighboring grantees filed a bill against both parties to the sale for an injunction to restrain conveyance. The injunction was granted pendente lite and the... 1926
  Constitutional Law-ordinance Segregating Whites and Blacks into Separate "Communities" Within City Upheld 36 Yale Law Journal 274 (December, 1926) A New Orleans ordinance prohibited whites from establishing residences in negro communities within the city and negroes from establishing residence in white communities without the written consent of the people of opposite race in that neighborhood. The plaintiff sought to restrain the defendant from renting his house to a negro. The plea of... 1926
  Nuisances-negro Residential Colony 28 Yale Law Journal 517 (March, 1919) The defendant was a corporation chartered for the purpose of furnishing instruction in the higher branches of learning to members of the negro race. It acquired seventy acres of land adjoining the plaintiff's premises; and not needing the whole tract for the college proper, proposed to establish a residence colony of negroes upon part of it. The... 1919
  Statutory Discriminations Against Negroes with Reference to Pullman Cars 28 Harvard Law Review 417 (February, 1915) A new phase of the Jim Crow question has been presented by statutes which allow railroads to provide sleeping cars, chair cars, and dining cars for white passengers without supplying like cars for negroes. In a recent case the United States Supreme Court intimated that such a statute is unconstitutional, even though it be shown that there is not a... 1915
  Constitutional Law - Personal Rights - Constitutionality of Negro Segregation in Separate Residence Districts under the Fourteenth Amendment 27 Harvard Law Review 279 (January, 1914) An ordinance of the city of Baltimore provided that no white persons or negroes should thereafter reside in blocks then occupied for residences exclusively by the other race. Held, that the ordinance does not conflict with the Fourteenth Amendment to the Constitution of the United States. State v. Gurry, 88 Atl. 546. For a discussion of the... 1914
  The Segregation of the Negro in Separate Residence Districts 27 Harvard Law Review 270 (January, 1914) Any attempt to segregate the members of one race from those of another must necessarily carry with it a considerable restraint upon personal liberty. Such a deprivation of liberty is not unconstitutional if fairly within the exercise of the police power. The very conception of police regulations involves a limiting of personal liberty. Accordingly... 1914
Julien C. Monnet, The State University of Oklahoma The Latest Phase of Negro Disfranchisement 26 Harvard Law Review 42 (November, 1912) BEGINNING with Mississippi in 1890, most of the southern states have passed statutes or adopted constitutional provisions, so drafted within limits which are hoped to be permissible under the United States Constitution, as, upon their face, to exclude from the right of suffrage as large a number of the negro race as possible without excluding the... 1912
  Carriers of Passengers-insult of Passenger by Conductor-assignment of White and Colored Races to Separate Coaches.-may V. Shreveport Traction Co., 53 So., 671 (La.) 20 Yale Law Journal 587 (May, 1911) Held, that to apply the term negro to a white person is humiliating and insulting, and a suggestive question, such as, Don't you belong over there? addressed to a white person by the conductor of a street car, who points to the seats reserved for negroes is but little less so. In either case, and whether the language used be heard by others or... 1911
  The Negro Defined 20 Yale Law Journal 224 (January, 1911) In many of the states where a considerable portion of the population is colored, statutes define the term negro and establish his status where the same is considered, because of local conditions, as essentially different from that of Caucasians. Where legislatures have either negligently or intentionally left the terms negro and colored... 1911
  Statutes - Interpretation - "Person of the Negro or Black Race." 24 Harvard Law Review 68 (November, 1910) A statute made concubinage between a person of the Caucasian or white race and a person of the negro or black race a felony. Held, that an octoroon (or person having one-eighth negro blood) is not a person of the negro or black race within the meaning of the statute. State v. Treadaway, 52 So. 500 (La.). Most of the statutory definitions of the... 1910
J. Newton Baker, District of Columbia Bar The Segregation of White and Colored Passengers on Interstate Trains 19 Yale Law Journal 445 (April, 1910) In the transportation of passengers common carriers are at liberty to establish rules and regulations for the accommodation of white and colored passengers. In some States where the colored population is large, public sentiment demands and requires a separation of the races, to prevent the breach of the peace. In order to obtain this security,... 1910
  Civil Rights-drawing of Jury-exclusion of Disreputable Negroes.- State V. Lawrence, 50 So. 406 (La.) 19 Yale Law Journal 129 (December, 1909) Held, that the fact that the jury commissioners select persons for service on juries with the aid of a city directory, from which are excluded only the names of disreputable negroes, affords a defendant in a criminal prosecution, even if colored, no legal ground of complaint. It has been repeatedly held that whenever by state action all persons of... 1909
  Police Power - Extent - Statute Separating Whites and Negroes in Private Institutions of Learning 20 Harvard Law Review 74 (November, 1906) A Kentucky statute made it an offense to conduct any institution of learning in which both white and colored persons were received as pupils unless it was conducted in separate branches. Held, that the statute is valid as a reasonable exercise of the police power in so far as it prevents the attendance of members of the two races at the same time... 1906
  Police Power; Schools for White and Colored Persons 16 Yale Law Journal 45 (November, 1906) Following the Civil war it was generally thought that the solving. of the negro question lay in the association of the colored people with the whites. A decade, however, has wrought a change in this view; public opinion, especially in the southern states, has discarded the association idea and the separation of the races is now considered the... 1906
  Constitutional Law-negroes as Grand Jurors-inquiry of Federal Court into Rules of Local Practice.-rogers V. Alabama, 24 Sup. Ct. 257 13 Yale Law Journal 396 (May, 1904) Plaintiff in error made a motion, two printed pages in length, to quash an indictment, because of the exclusion of negroes from the grand jury list, alleging that this was due to the inequality of his race under the State constitution. The State court struck the motion from the files, under color of local practice, on the ground of prolixity. Held,... 1904
  Discrimination Against Negroes as Jurors 17 Harvard Law Review 351 (March, 1904) Few questions arising under the Fourteenth Amendment have proved more fruitful of controversy than that as to discrimination against negroes in drawing jurors. It is, indeed, no longer disputed that a statute providing that only white men shall be eligible as jurors is in conflict with the amendment. A negro tried by a jury empanelled under such a... 1904
  Negro Peonage and the Thirteenth Amendment 13 Yale Law Journal 452 (June, 1904) No little interest has been aroused by Judge Speer's recent decision in the District Court at Savannah (United States v. McClellan, 127 Fed. 971), maintaining the application of the Thirteenth Amendment to uphold the constitutionality of the statutes of 1867 against peonage, and their prohibition of recent attempts to obtain forced labor from... 1904
John R. Dos Passos The Negro Question 12 Yale Law Journal 467 (June, 1903) On January 5, 1867, Andrew Johnson closed a message to the United States Senate vetoing the District of Columbia Suffrage Bill in these words: After full deliberation upon this measure I cannot bring myself to approve it, even upon local considerations, nor yet as the beginning of an experiment on a larger scale. I yield to no one in attachment to... 1903
  Schools Discrimination Against Colored Children-rights under the Fourteenth Amendment 9 Yale Law Journal 227 (March, 1900) In the case of J. N. Cummings et al. v. County Board of Education, of Richmond County, State of Georgia, reported in 20 Sup. Ct. Rep. 197, the United States Supreme Court sustains the decision of the Supreme Court of the State of Georgia in refusing to grant an injunction restraining the Board of Education from maintaining a high school for white... 1900
  Schools-discrimination Against Colored Children-rights under the Fourteenth Amendment-j. W. Cummings et Al. V. County Board of Education of Richmond County, State of Georgia 9 Yale Law Journal 235 (March, 1900) A temporary suspension of a high school for colored children, in order that the funds used in its support might be diverted towards the education of children of the same race in the primary schools, is no ground for the granting of an injunction restraining the Board of Education from using certain funds for the maintenance of a high school for... 1900
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