Federal Jurisdiction and Procedure. Civil Rights Act of 1957. Where Federal Government States Valid Claim for Relief under Codified Section 1971 of Civil Rights Act of 1957, District Court May Not Discretionarily Decline to Exercise Equitable Jurisdiction in Order to Avoid Federal Judicial Interference with Pending State Criminal Proceeding

1962 ◽  
Vol 48 (2) ◽  
pp. 390
2001 ◽  
Vol 27 (2-3) ◽  
pp. 301-327
Author(s):  
Tony R. Maida

The Americans with Disabilities Act of 1990 promised to be a “secondgeneration” civil rights statute, comparable in importance and scope to the Civil Rights Act of 1964. The breadth of the act reflected congressional and disability activists' desire to change society in order to enable the disabled to achieve economic autonomy and social equality. Historically, disabled individuals were characterized by their inability to normally function in society, either due to physical obstacles or social myths and stereotypes. Up until 1990, the federal government had taken baby steps to address these issues. Indeed, most federal activity was limited to assisting disabled people in overcoming physical barriers to employment. However, the government did little to change the structure of those barriers, and most certainly did not address the widespread social prejudice against the disabled.


Author(s):  
Richard A. Rosen ◽  
Joseph Mosnier

This chapter describes Chambers's efforts to enforce Title II of the Civil Rights Act of 1964, which prohibited discrimination in restaurants, motels, and other places of public accommodation, against attempts to circumvent the new law's broad reach, confirmed by an earlier U.S. Supreme Court ruling. The Charlotte YMCA argued for a "private club" exemption under Title II, but quickly abandoned that claim and agreed to desegregate when Chambers filed suit. Chambers also sued the Raleigh YMCA, which sought to prevent desegregation of its exercise facilities on a similar claim notwithstanding that the YMCA's officers had desegregated their cafeteria and rental lodging. After a loss at trial before an unsympathetic U.S. District Court judge, Chambers and LDF won an unqualified victory on appeal before the Fourth Circuit. Chambers also prevailed in a suit to open Moore's Barbecue Restaurant in New Bern to black customers despite Moore's claim to have arranged his business affairs so as to be free of any connection to "interstate commerce," a key element of the Supreme Court's basis for upholding Title II. Here, Chambers overcame a hostile federal judge who willingly ignored a fundamental judicial canon by repeatedly communicating privately about the case with Moore's attorney.


Author(s):  
Robert Mickey

This chapter examines how the federal government and black protest organizations intervened in southern authoritarian enclaves, with a particular focus on the Civil Rights Act of 1964 and the Voting Rights Act of 1965 as well as the reform of the National Democratic Party during the period 1964–1972. It first considers state authorities' consensus preference for effecting a “harnessed revolution” before discussing the challenges posed by the Civil and Voting rights acts to southern enclaves. It then describes the degree to which outsiders interfered in enclaves' responses to these landmark statutes, including federal oversight of voting rights in the Deep South and deployments by black protest organizations. It concludes by analyzing the McGovern–Fraser national Democratic party reforms of 1968–1972.


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