AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
  Brief of the National Association for Advancement of Colored People as Amicus Curiae., Hughes V. Superior Court of the State of California Supreme Court of the United States, Docket Number No. 61 (11/5/1949) The National Association for the Advancement of Colored People is an organization which for the past forty years has devoted its efforts and energies toward the improvement of conditions... 1949 Briefs Yes  
  Carter V. School Bd. Of Arlington County 87 F.Supp. 745, United States District Court E.D. Virginia, Alexandria Division, Docket Number CIV. 331 (12/7/1949) Constance Carter sued to enjoin the School Board of Arlington County and others from alleged discrimination against Negro students by failing to provide them solely on account of their race or color with facilities and opportunities for high school education equal to those furnished white students. The District Court, Bryan, J., rendered judgment... 1949 Cases Yes This is no longer good law for at least one of the points of law it contains.
E. Wayne Thode Constitutional Law-free Speech-picketing for Equal Employment Opportunities for Race. Hughes V. Superior Court in and for Contra Costa County, 32 Cal.2d 850, 198 P.2d 885 (1948) 28 Texas Law Review 106 (November, 1949) Petitioners for writ of habeas corpus were Negro members of an association for advancement of the economic welfare of their race. They had been adjudged guilty of contempt of court for violation of a preliminary injunction restraining them from picketing a store with signs which stated that the store won't hire Negro clerks in proportion to Negro... 1949 Law Review Articles and Other Secondary Sources Yes  
  Constitutionality of Anti-miscegenation Statutes 58 Yale Law Journal 472 (February, 1949) Belief in non-Caucasian inferiority is a comforting rationale for discrimination in a purportedly equalitarian society. Legislative prohibitions against racial intermarriage in twenty-nine states are a logical consequence of this caste order. Heretofore, courts have uniformly upheld these statutes without carefully considering whether scientific... 1949 Law Review Articles and Other Secondary Sources Yes  
  Cook V. Davis 178 F.2d 595, United States Court of Appeals, Fifth Circuit, Docket Number 12727 (12/28/1949) Samuel L. Davis, individually and on behalf of others similarly situated, brought action against E. S. Cook and others, constituting the Board of Education of the City of Atlanta, for a declaratory judgment that the plaintiff, who was a Negro teacher in Atlanta, was discriminated against in salary as compared with white teachers having the same... 1949 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Davis V. Schnell 81 F.Supp. 872, United States District Court, S.D. Alabama, Southern Division, Docket Number CIV. 758 (1/7/1949) Action by Hunter Davis and others, in their own behalf and on behalf of all Negro citizens of Mobile County. Ala., similarly situated, against Milton Schnell, individually and as a member of the board of election registrars of Mobile County, Ala., and others, for a declaratory judgment that the Boswell Amendment to the Constitution of Alabama is... 1949 Cases Yes  
  Discrimination and the Commerce Clause: Application of State Civil Rights Acts in Interstate and Foreign Commerce 58 Yale Law Journal 329 (January, 1949) Despite its originally exclusive interpretation, the Commerce Clause has not entirely prevented the states from exercising regulation over the interstate and foreign commerce which passes within their boundaries. In the absence of conflicting or superseding federal enactment, there is said to exist in the state a residuum of power to legislate in... 1949 Law Review Articles and Other Secondary Sources Yes  
  Gilchrist V. Com. 311 Ky. 230, Court of Appeals of Kentucky (10/18/1949) Berthenia Gilchrist, a Negro, was convicted in the Circuit Court of Union County, M. L. Blackwell, J., of manslaughter, and she appealed. The Court of Appeals, Helm, J., reversed the judgment with directions for a new trial, and held that affidavits filed showed a systematic exclusion of Negroes from the jury list of the county because of race... 1949 Cases Yes This has some negative history but hasn’t been reversed or overruled.
  Graham V. Brotherhood of Locomotive Firemen and Enginemen 338 U.S. 232, Supreme Court of the United States, Docket Number 16 (11/7/1949) Leroy Graham and others brought action against Brotherhood of Locomotive Firemen and Enginemen and others for a determination of the rights of Negro railroad firemen and to obtain an injunction against discriminatory practices against Negro firemen. An order granting a preliminary injunction was reversed by the United States Court of Appeals for... 1949 Cases Yes  
  Johnson V. Board of Trustees of University of Ky. 83 F.Supp. 707, United States District Court E.D. Kentucky, Docket Number 625 (4/27/1949) Action by Lyman T. Johnson against the Board of Trustees of the University of Kentucky and others for a declaratory judgment to determine plaintiff's rights as a Negro to be admitted to the graduate school of the university. Judgment for plaintiff in accordance with opinion. 1949 Cases Yes  
  Knight V. State 207 Miss. 564, Supreme Court of Mississippi, in Banc, Docket Number 37205 (11/14/1949) Davis Knight was convicted in the Circuit Court, Jones County, F. B. Collis, J., of violating the statute prohibiting marriage of a white person and a Negro having one-eighth or more Negro blood, and defendant appealed. The Supreme Court, Montgomery, J., reversed the judgment and held that the evidence did not establish that defendant had... 1949 Cases Yes  
  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 Law Review Articles and Other Secondary Sources Yes  
  Lee V. Commonwealth 189 Va. 890, Supreme Court of Appeals of Virginia (9/7/1949) Norvell Lee was convicted on appeal to Circuit Court of Allegheny County, Earl L. Abbott, J., in failing to take a seat assigned to him on train pursuant to the Virginia Segregation Law, and he brings error. The Supreme Court of Appeals, Spratley, J., reversed the judgment, reviewed the history of the Segregation Law and held that as to defendant,... 1949 Cases Yes  
  Matter of Carbon Black Export, Inc. 46 F.T.C. 1245, F.T.C, Docket Number 202-5 (7/12/1949)   1949 Administrative Decisions & Guidance Yes  
  Monk V. City of Birmingham 87 F.Supp. 538, United States District Court, N.D. Alabama, Southern Division, Docket Number CIV. 6382 (12/16/1949) Class action by Mary Means Monk and others, against the City of Birmingham and others, for a declaration that ordinances prohibiting Negroes from residing in certain districts and persons of the white race from residing in certain other districts, were unconstitutional, and for injunctive relief. The District Court, Clarence Mullins, C. J.,... 1949 Cases Yes  
  Motion and Brief for the National Association for the Advancement of Colored People as Amicus Curiae., Henderson V. U.s. Supreme Court of the United States, Docket Number No. 25 (11/14/1949) To the Honorable, the Chief Justice of the United States and the Associate Justices of the Supreme Court of the United States: The undersigned, as counsel for the National Association for... 1949 Briefs Yes  
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 Law Review Articles and Other Secondary Sources Yes  
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 Law Review Articles and Other Secondary Sources Yes  
  Nash V. Air Terminal Services 85 F.Supp. 545, United States District Court E.D. Virginia, Alexandria Division, Docket Number CIV. 351 (8/31/1949) Helen Nash, a Negro citizen, sued the Air Terminal Services, Inc., and Eastern Airlines, Inc., for damages resulting when plaintiff was allegedly refused service in dining room and coffee shop at an airport because of her race or color. On defendants' motion to dismiss counts of complaint. The District Court, Bryan, District Judge, dismissed all... 1949 Cases Yes  
  Patterson V. State 206 Ga. 260, Supreme Court of Georgia, Docket Number 16847 (11/14/1949) Oscar Patterson, a Negro, was convicted in Superior Court, Sumter County, W. M. Harper, J., of murder, and he brought error. The Supreme Court, Wyatt, J., affirmed the judgment, holding that given instructions were not erroneous as expressing opinion of trial court that defendant was guilty or as being argumentative that argument of... 1949 Cases Yes  
  Pickett V. State 155 Tex.Crim. 195, Court of Criminal Appeals of Texas, Docket Number 24564 (12/21/1949) Ben Pickett was convicted in the Criminal District Court of Harris County, Frank Williford, Jr., J., of rape, and he appealed. The Court of Criminal Appeals, Beauchamp, J., affirmed the judgment and held that failure of Criminal District Court ot quash indictment because there was no Negro on the grand jury returning it was not error, that question... 1949 Cases Yes  
  Pitts V. Board of Trustees of De Witt Special School Dist. No. 1 84 F.Supp. 975, United States District Court, E.D. Arkansas, Western Division, Docket Number CIV. 1856 (7/8/1949) Bill in equity brought by the plaintiffs, Frank Pitts and others Negro citizens and taxpayers in De Witt Special School District No. 1 of Arkansas County, Arkansas, against the Members of the Board of Directors of said District, the President and Secretary thereof, and the Superintendent of Schools of said District, for the purpose of compelling an... 1949 Cases Yes  
  Powell V. Utz 87 F.Supp. 811, United States District Court, E.D. Washington, Northern Division, Docket Number 842 (12/29/1949) Adam Clayton Powell, Jr., and Hazel Powell (also known as Hazel Scott), husband and wife, brought action against Harry Utz and Blanche Utz, husband and wife, under the Washington civil rights statute, to recover damages because defendants allegedly refused to serve Hazel Powell in their restaurant catering to the public because she was a Negro. The... 1949 Cases Yes  
  Seawell V. Macwithey 2 N.J.Super. 255, Superior Court of New Jersey, Chancery Division, Docket Number C-334-48 (1/10/1949) Action by Charles Seawell and others against James L. MacWithey, the members of the city council, and mayor of the city of East Orange, the commissioner of the department of economic development of the state of New Jersey, and others, to enjoin defendants from denying plaintiffs and other qualified Negro applicants equal opportunity to be... 1949 Cases Yes This is no longer good law for at least one of the points of law it contains.
  State V. Johnson 229 N.C. 701, Supreme Court of North Carolina, Docket Number 723 (1/7/1949) Appeal from Superior Court, Orange County; Chester Morris, Judge. Andrew S. Johnson, Bayard Rustin, Igal Roodenko and Joseph A. Felmont were convicted of violating statutes relating to seating of white and colored passengers on vehicles operated for hire and of violating ordinances of the City of Chapel Hill, and they appeal, assigning error. No... 1949 Cases Yes  
Myres S. McDougal , Gertrude C. K. Leighton The Rights of Man in the World Community: Constitutional Illusions Versus Rational Action 59 Yale Law Journal 60 (December, 1949) It was a great day for the human race . when the idea dawned that every man is a human being, an end in himself, with a claim for the development of his own personality, and that human beings had a dignity and a worth, respect for which is the firm basis of human association. Merriam, Systematic Politics 59 (1945). The Independence of America,... 1949 Law Review Articles and Other Secondary Sources Yes  
  Warders V. Louisville & Nashville R. Co. 311 Ky. 673, Court of Appeals of Kentucky (12/9/1949) Mrs. Florence Warders sued Louisville and Nashville Railroad Company to recover compensatory and punitive damages alleged to have been sustained by plaintiff by reason of defendant's conductor refusing to let her board a coach reserved for white people and compelling her to ride in coach reserved for colored people. A judgment for defendant was... 1949 Cases Yes  
  Weiss V. Leaon 359 Mo. 1054, Supreme Court of Missouri, Division No. 1, Docket Number 41134 (12/12/1949) Mrs. E. Orah Weiss and others brought an action against James A. Leaon and others to enforce a racial restriction agreement included in certain deeds, or in the alternative to recover damages for breach of such an agreement. The Circuit Court for Jackson County, Paula Buzard and James W. Broadus, JJ., rendered a judgment dismissing the entire... 1949 Cases Yes  
  Wilkinson V. Hart's Drive-in 338 Ill.App. 210, Appellate Court of Illinois, Second District, Docket Number 10361 (6/29/1949) Appeal from Circuit Court, Kane County; Charles A. O'Connor, Judge. Action by Marie Wilkinson against Hart's Drive-In, Inc., a corporation, for damages for refusal of defendant's servant to serve plaintiff in defendant's public restaurant because plaintiff was a Negro. From an adverse judgment, plaintiff appeals. Judgment affirmed. 1949 Cases Yes  
  Brotherhood of Locomotive Firemen and Enginemen V. Graham 175 F.2d 802, United States Court of Appeals District of Columbia Circuit, Docket Number 9716 (10/26/1948) Special Appeal from the United States District Court for the District of Columbia. Suit by Leroy Graham and others against the Brotherhood of Locomotive Firemen and Enginemen and others to determine the rights of Negro railroad firemen and to obtain an injunction against discriminatory practices against Negro firemen. From an order granting a... 1948 Cases Yes This is no longer good law for at least one of the points of law it contains.
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