Symposium

Remembering Shelley v. Kraemer: Of Public and Private Worlds

Francis A. Allen
In the remarks that follow, I shall try to accomplish two tasks. First, to the extent possible, I should like to place Shelley in its historical context and, in some measure, present the case as it was seen by those who witnessed or participated in the decision. Second, I shall attempt to throw some light on why the theoretical issues called forth by these cases are difficult.
Symposium

Invisible Walls: An Examination of the Legal Strategy of the Restrictive Covenant Cases

Leland B. Ware
On May 3, 1948, the Supreme Court issued two decisions in four cases that are now remembered as Shelley v. Kraemer. The conflict which caused the litigation arose from a dramatic population shift that occurred in the early decades of the twentieth century. The great migration of black families from rural areas to urban industrial centers prompted various efforts to establish and maintain racial segregation in housing. After legislated segregation…
Symposium

Panel Discussion

Francis A. Allen, A. Leon Higginbotham Jr. and Leland B. Ware
Symposium

State Action: Constitutional Phoenix

Lino A. Graglia
Symposium

Commentary

Clyde W. Summers
Symposium

Panel Discussion

Lino A. Graglia and Clyde W. Summers
Symposium

Discrimination by Private Clubs

William G. Buss
The fierce defense of a private right to discriminate in club membership, exemplified by Justice Douglas’ Moose Lodge opinion, is one of the glories and contradictions of our constitutional system; and, as Virginia Woolf deftly observes, exercise of the right even in a seemingly benign form imposes real harm on those excluded. The paradigm case that I will be discussing grows out of the controversy that may occur when a…
Symposium

Commentary: Private Clubs and Public Interests: A View from San Francisco

Herma Hill Kay