AuthorTitleCitationSummaryYear
Robert N. Covington Title Vii Blues 87 Yale Law Journal 397 (December, 1977) Professor Gould has written exactly the book one would expect from him: articulate, persuasive, impatient with doctrines and remedies that would compromise in any way the opportunity of blacks to share in the bounty of the American economy. Issued two days after Supreme Court decisions that reject much of what the author advocates regarding the... 1977
  Civil Rights - 42 U.s.c. § 1982 - Black Homebuyers Are Entitled to Damages Equal to the Increments in Prices of Homes in Black Neighborhoods That Result from Dual Housing Markets Caused by Racial Discrimination 88 Harvard Law Review 1610 (May, 1975) Clark v. Universal Builders, Inc., 501 F.2d 324 (7th Cir.), cert. denied, 95 S. Ct. 657 (1974). In Jones v. Alfred H. Mayer Co., the Supreme Court held that 42 U.S.C. § 1982, a long-dormant section of the Civil Rights Act of 1866, prohibits private discrimination based on race in the sale or rental of property. Relying on Jones, the United States... 1975
Claude Treece Labor Law 53 Texas Law Review 612 (March, 1975) The employees at Greyhound Bus Company's New Orleans terminal were grouped into two classes: Class A included employees whose jobs were primarily clerical in nature, and Class B consisted of unskilled workers who held less remunerative positions. Local 1174 represented Class A, while Local 275, a predominantly black union, represented Class B.... 1975
Roger K. Newman Mr. Justice Black and His Books 53 Texas Law Review 406 (January, 1975) When the time comes to write the definitive biography of Hugo Black, the author will perforce keep two books close at hand. First will be Black's Carpentier Lectures, A Constitutional Faith, nearly a decade in the making, of which John P. Frank has remarked, it pulls together more, more tightly than any other writing in the library by and about... 1975
Judith Olans Brown , Daniel J. Givelber , Stephen N. Subrin Treating Blacks as If They Were White: Problems of Definition and Proof in Section 1982 Cases 124 University of Pennsylvania Law Review 1 (November, 1975) Immediately after the Civil War, the United States Congress enacted, over presidential veto, a statute popularly known as the 1866 Civil Rights Act. In 1870 that statute was reenacted, and a major part is presently codified as sections 1981 and 1982 of title 42 of the United States Code. Those sections lay virtually moribund for a hundred years,... 1975
Tinsley E. Yarbrough Justice Black and His Critics on Speech-plus and Symbolic Speech 52 Texas Law Review 257 (January, 1974) Throughout his distinguished career on the United States Supreme Court, much of Justice Hugo L. Black's energy and intellect was devoted to a defense of the first amendment against governmental infringement and restrictive judicial interpretation. He believed that direct abridgment of first amendment freedoms was absolutely forbidden, and he... 1974
A. Leon Higginbotham, Jr. Race, Racism and American Law 122 University of Pennsylvania Law Review 1044 (April, 1974) [Can] American justice, American liberty, American civilization, American law, and American Christianity . be made to include and protect alike and forever all American citizens in the rights which have been guaranteed to them by the organic and fundamental laws of the land? Almost a century ago the distinguished abolitionist and statesman... 1974
William B. Gould The Seattle Building Trades Order: the First Comprehensive Relief Against Employment Discrimination in the Construction Industry 26 Stanford Law Review 773 (April, 1974) Mr. Tobin: Total membership in the Union (Plumbers' Union No. 12, in Boston) . is approximately 1,200 working on building construction. Rev. Drinan: And the minority membership is what? Mr. Tobin: Eleven apprentices and two journeymen. Rev. Drinan: How does that compare with ten or fifteen years ago? Mr. Tobin: Excellent. In other words,... 1974
Ewart Guinier The Case for Black Reparations. By Boris I. Bittker. New York: Random House, 1973. Pp. 191 (Including Two Appendices). $7.95 (Cloth-bound), $1.95 (Paperback) 82 Yale Law Journal 1719 (July, 1973) James Forman burst into the Riverside Church in New York City in 1969 and demanded that white churches, Jewish synagogues, and all other racist institutions pay reparations to blacks for the wrongs done by America to slaves and the children of slaves. Boris Bittker heard and listened, and was moved to write this book. The com pleat lawyer, he... 1973
  Civil Rights - Employment Discrimination - Company Rule Calling for Discharge after Several Wage Garnishments Discriminates Against Black Employees in Violation of Title Vii of the Civil Rights Act of 1964. - Johnson V. Pike Corp. Of America, 332 F.supp. 85 Harvard Law Review 1482 (May, 1972) Last term in Griggs v. Duke Power Co., the Supreme Court sanctioned the use of Title VII of the 1964 Civil Rights Act to prohibit employment practices which disproportionately limited the opportunities of minority group members, even when the employer had no intent to discriminate. In Johnson v. Pike Corp. of America, Judge Ferguson, by a... 1972
George R. Bedell Civil Rights 49 Texas Law Review 141 (December, 1970) Plaintiff, a Negro, was hired by Litton Systems, Inc., as a sheet metal mechanic. Before beginning work, plaintiff was required to complete an information form, in which he disclosed that, although never convicted of a crime, he had been arrested fourteen times for nontraffic offenses. Pursuant to its policy of not hiring any applicant who had been... 1970
  Equal Protection of the Laws - Schools - Busing Black and Puerto Rican Pupils to White Neighborhood Schools Without Reciprocal Busing and Closing Schools in Minority Neighborhoods to Achieve Integration Does Not Deny Equal Protection. - Norwalk Core V. No 83 Harvard Law Review 1434 (April, 1970) The Board of Education of Norwalk, Connecticut adopted a policy of improving education for all public school children by 1) increasing intergroup learning experiences through integration, and 2) retaining, as far as possible, the advantages of neighborhood schools. In implementing this policy, the Board closed three elementary schools, all located... 1970
  Housing - Public Housing - District Court Orders Housing Authority Not to Build in Black Ghetto and to Institute New Tenant Assignment Plan in Order to Remedy past Discriminatory Practices. - Gautreaux V. Chicago Housing Authority, No. 66c 1459 (N.d. Ill. 83 Harvard Law Review 1441 (April, 1970) Black public housing tenants and applicants brought a class action against the Chicago Housing Authority (CHA) alleging that the CHA had designed its tenant assignment and site selection procedures to maintain the existing pattern of racial residential segregation in the city. They claimed violations of their rights under the fourteenth amendment... 1970
Robert Conot Black Power. By Stokely Carmichael and Charles V. Hamilton. New York: Random House. 1967. Vii + 198 Pages. $4.95. Where Do We Go from Here: Chaos or Community? By Martin Luther King, Jr. New York: Harper & Row. 1967. 209 Pages. $5.95 21 Stanford Law Review 1263 (May, 1969) A year has passed since the assassination of Dr. Martin Luther King, Jr. His vision of the poor people's march on Washington has ended in a shambles. The Student Nonviolent Coordinating Committee is a shell, gutted by the rantings of H. Rap Brown and split by the defection of Stokely Carmichael to the Black Panthers. Liberals have fled the civil... 1969
William B. Gould Seniority and the Black Worker: Reflections on Quarles and its Implications 47 Texas Law Review 1039 (June, 1969) Professor Gould analyzes discrimination in seniority arrangements with a thorough examination of the first judicial discussion of this matter after the passage of Title VII of the Civil Rights Act of 1964. Professor Gould finds some benefit but much detriment in the recent judicial pronouncements on discriminatory hiring, transfer, and promotion... 1969
Douglas L. Jones The Sweatt Case and the Development of Legal Educaton for Negroes in Texas 47 Texas Law Review 677 (March, 1969) In 1950 the United States Supreme Court held that Heman Marion Sweatt, a Negro, had to be admitted to the previously segregated University of Texas School of Law because equal facilities in Texas for the study of law were not available to Negroes. Although the decision in Sweatt v. Painter was a substantial victory in the civil rights movement of... 1969
Laura Ford Davidson Antitrust Law 46 Texas Law Review 532 (March, 1968) Negroes wishing to buy or lease, white persons wishing to sell or rent, and Negro real estate brokers desiring to remove restrictions from their businesses brought a class action alleging that for over twenty years the Akron Area Board of Realtors had conspired to prevent Negroes from owning or renting property in predominantly white neighborhoods.... 1968
  Civil Rights - Equal Protection of the Laws - Schools and School Districts - "Free Choice" Desegregation Plan Approved Provided Faculty Is Integrated by Insuring That Percentage of Negro Teachers in Each School Approximates Percentage Employed in Entire S 80 Harvard Law Review 1789 (6/1/1967) Kier v. County School Board, 249 F. Supp. 239 (W.D. Va. 1966). The Augusta County School Board submitted a desegregation plan based upon freedom of choice, which enabled every student in the county to select the school he would attend. Almost all Negro students, representing five percent of the county student population, attended the three county... 1967
Frank E. McCreary III Constitutional Law 45 Texas Law Review 754 (March, 1967) As a result of the desegregation of its school system, defendant school board closed its previously all-Negro Sullivan High School. Absorption of Sullivan's students into a newly integrated high school did not necessitate an increase in that school's faculty, and consequently the seven Negro teachers who had taught at Sullivan were not offered... 1967
John M. Harlan Mr. Justice Black-remarks of a Colleague 81 Harvard Law Review 1 (November, 1967) To Mr. Justice Black, who has completed thirty years of distinguished service on the Court, the editors respectfully dedicate this issue. NO man more richly deserves the distinction of having an issue of the Harvard Law Review dedicated to him than Mr. Justice Black. I feel fortunate in being invited to participate in this event. At eighty-one and... 1967
  The Federal Agricultural Stabilization Program and the Negro 67 Columbia Law Review 1121 (June, 1967) It is not now, if it ever was, possible to believe that racial discrimination is an evil confined to the southern United States. Events of recent years have made it depressingly clear that some of the ugliest and most intractable forms of bigotry can appear in any part of this country. Still, it cannot be overlooked that certain manifestations of... 1967
  Title Vii, Seniority Discrimination, and the Incumbent Negro 80 Harvard Law Review 1260 (April, 1967) After a twenty-year struggle on the part of civil rights advocates the eighty-eighth Congress enacted a fair employment practices law as Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination on the basis of race, religion, sex, or national origin in hiring and in all aspects of the employment relation. The Equal Employment... 1967
Sanford Jay Rosen The Negro and Organized Labor. By Ray Marshall. New York: John Wiley & Sons, 1965. Pp. X, 327. $6.95 75 Yale Law Journal 682 (March, 1966) The past two years have witnessed rapid and exciting advances in race relations; responses to discrimination in employment have been particularly promising. In the space of a few months, more than two decades of slovenly fair employment activity suddenly bore fruit in several notable developments. Most significantly, Congress finally passed a fair... 1966
Benjamin Aaron The Negro and Organized Labor. By Ray Marshall. New York: John Wiley & Sons., Inc. 1965. Ix + 327 Pages. $6.95 19 Stanford Law Review 264 (November, 1966) Historically, the relationship between the Negro workman and organized labor has, on the whole, faithfully reflected the relationship between Negroes as a group and the dominant white society of the United States. Viewing the American labor force over time, we see that Negroes have from the days of slavery been accorded inferior status and... 1966
  3. Use of Peremptory Challenges to Exclude Negroes from Trial Jury 79 Harvard Law Review 135 (November, 1965) In Swain v. Alabama, the Supreme Court faced the difficult task of reconciling the use of peremptory challenges in jury selection with the constitutional prohibition against deliberate exclusion of Negroes from juries. Robert Swain, a nineteen-year-old Negro charged with the rape of a seventeen-year-old white girl, was convicted by an all-white... 1965
  Constitutional Law - Equal Protection - Systematic Inclusion of Negroes on Grand Jury Panel Is Denial of Equal Protection to a Negro Indicted by That Panel 78 Harvard Law Review 1658 (6/1/1965) Collins v. Walker (5th Cir. 1964). Petitioner, a Negro, was arrested in Louisiana on April 8, 1960, two and one-half weeks after the empaneling of the regular grand jury for his parish. There were no Negroes on that grand jury, and he was held in jail for six months until the empaneling of the next one. The jury commissioners at that time chose... 1965
  Constitutional Law - Fourteenth Amendment - White Defendant Has Standing to Challenge Systematic Exclusion of Negroes from Jury Lists. - Allen V. State (Ga. Ct. App. 1964) 78 Harvard Law Review 667 (January, 1965) Allen, a white civil rights worker from Massachusetts, was indicted in Sumter County, Georgia, for assault with intent to murder a police officer. Allen moved to quash the indictment on the ground that Negroes had been systematically and arbitrarily excluded from the panel of grand jurors that had returned it. He also challenged the array of... 1965
  Federal Courts - Standing to Sue - Negro Plaintiffs Already Admitted to White School May Maintain Suit for Injunction Against Segregated School System 78 Harvard Law Review 1667 (6/1/1965) Buckner v. School Bd. (4th Cir. 1964). Six Negro school children instituted a class action in a federal district court, alleging that the county school board was operating a segregated school system in violation of the fourteenth amendment. They sought admission to a specified school and an injunction against the continued operation of the system... 1965
William E. Parker The Integration Ordinance: Honi Soit Qui Mal Y Pense 17 Stanford Law Review 280 (January, 1965) [T]he elimination of racial restrictions on residence would have consequences reaching far beyond the immediate facts of housing. Just as residential segregation serves to isolate the segregated groups from the activities of the general population, so integration in housing must stimulate participation in wider areas of community life. To be a... 1965
Reed Martin Mr. Kennedy and the Negroes 43 Texas Law Review 260 (December, 1964) We are confronted primarily with a moral issue. It is as old as the scriptures and is as clear as the American Constitution. The heart of the question is whether all Americans are to be afforded equal rights and equal opportunities, whether we are going to treat our fellow Americans as we want to be treated. These words of John F. Kennedy occupy a... 1964
Alexander P. d'Entréves The Occasions of Justice 42 Texas Law Review 572 (March, 1964) This is a book which I would like every foreign student visiting this country to take back with him on his return: and not the student of law only. For I think it would be difficult to find a work more indicative of the temper prevailing in one of the great North-American law schools, and at the same time more typical for the light it sheds on the... 1964
  Constitutional Law-constitutional Rights of Negro Candidates Held Not Abridged by State Statute Requiring Designation of Their Race on the Ballot 111 University of Pennsylvania Law Review 827 (April, 1963) Two Negro school board candidates brought suit in federal district court to enjoin disclosure of their race on the primary election ballot pursuant to a Louisiana statute. In denying the injunction, a three-judge district court held, one judge dissenting, that the constitutional rights of the plaintiffs were not abridged by a statute that required... 1963
Charles A. Reich Mr. Justice Black and the Living Constitution 76 Harvard Law Review 673 (February, 1963) To Mr. Justice Black, who has completed a quarter century of distinguished service on the Court and who this month celebrates his seventy-seventh birthday, the editors respectfully dedicate this issue. HUGO L. Black has been a Justice of the Supreme Court of the United States for twenty-five years. He was the first Roosevelt appointee; his service... 1963
  Negro Defendants and Southern Lawyers: Review in Federal Habeas Corpus of Systematic Exclusion of Negroes from Juries 72 Yale Law Journal 559 (January, 1963) In a habeas corpus proceeding brought by a state prisoner, a federal district court is asked to determine whether a state conviction was in accordance with the Constitution and laws of the United States. The principle underlying review in habeas corpus of all federal questions involved in state dispositions seems to be that a federal forum should... 1963
Jonathan A. Wiss One Man's Stand for Freedom, Mr. Justice Black and the Bill of Rights. Edited by Irving Dilliard. New York: Alfred A. Knopf, Inc., 1963. Pp. Xiii, 504. $6.95 72 Yale Law Journal 1665 (Summer, 1963) Justice Black is best known among the public for his strong support of individual freedoms. It is too seldom recognized, however, that he finds warrant for the positions he takes not solely in his personal political commitment to individual liberty, but also in his conception of what model our nation's fundamental document has constituted for... 1963
  Black Muslims in Prison: of Muslim Rites and Constitutional Rights 62 Columbia Law Review 1488 (December, 1962) Although American law creates a panoply of rights protecting a person accused of a crime from abusive treatment or arbitrary procedures, after conviction that same person may be interned within a walled-off subsociety where his rights are limited and obscure and the processes for asserting them in the face of abuse are tortuous and often... 1962
  Constitutional Law - in General - Right to Practice Black Muslim Tenets in State Prisons. - Pierce V. Lavallee (2d Cir.1961); in re Ferguson (Cal. 1961) 75 Harvard Law Review 837 (February, 1962) In two recent cases Negro inmates of state prisons, members of the Black Muslims, challenged the constitutionality of restraints on their practices. In the first the California Department of Correction had determined that the Muslims were not entitled to be accorded the privileges of a religious group or sect. Accordingly they were not permitted to... 1962
Jefferson B. Fordham The People and the Court. By Charles L. Black, Jr. the Macmillan Company, 1960. Pp. Vii, 238. $5.00 70 Yale Law Journal 481 (January, 1961) This book is both a timely and conspicuously able defense of judicial review as exercised by the Supreme Court of the United States. It is in refreshing contrast with the intemperate attacks, of recent memory, which have been made upon the Court and its performance of the function of judicial review. Public understanding of the Court's crucial role... 1961
  Predominantly Negro School with less than Proportionate Number of Licensed Teachers Denied Equal Educational Opportunity and Barred Adjudication of Neglect for Withdrawal of Child from School 107 University of Pennsylvania Law Review 1053 (May, 1959) Respondent parents were brought before a Domestic Relations Court of the City of New York and charged with neglect of their twelve-year-old daughter by refusing to send her to Junior High School 136, a school located in an almost exclusively Negro and Puerto Rican residential district. The parents contended that their child's constitutionally... 1959
  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
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