Sipuel v. Board of Regents of University of Oklahoma, No. 369

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation92 L.Ed. 247,68 S.Ct. 299,332 U.S. 631
PartiesSIPUEL v. BOARD OF REGENTS OF UNIVERSITY OF OKLAHOMA et al
Decision Date12 January 1948
Docket NumberNo. 369

332 U.S. 631
68 S.Ct. 299
92 L.Ed. 247
SIPUEL

v.

BOARD OF REGENTS OF UNIVERSITY OF OKLAHOMA et al.

No. 369.
Argued Jan. 7, 8, 1948.
Decided Jan. 12, 1948.

Page 632

Messrs. Thurgood Marshall, of New York City, and Amos Hall, of Tulsa, Okl., for petitioner.

Messrs. Fred Hansen, of Oklahoma City, Okl., and Maurice H. Merrill, of Norman, Okl., for respondents.

PER CURIAM.

On January 14, 1946, the petitioner, a Negro, concededly qualified to receive the professional legal education offered by the State, applied for admission to the School of Law of the University of Oklahoma, the only institution for legal education supported and maintained by the taxpayers of the State of Oklahoma. Petitioner's application for admission was denied, solely because of her color.

Petitioner then made application for a writ of mandamus in the District Court of Cleveland County, Oklahoma. The writ of mandamus was refused, and the Supreme Court of the State of Oklahoma affirmed the judgment of the District Court. Okl. Sup., 180 P.2d 135. We brought the case here for review.

The petitioner is entitled to secure legal education afforded by a state institution. To this time, it has been denied her although during the same period many

Page 633

white applicants have been afforded legal education by the State. The State must provide it for her in conformity with the equal protection clause of the Fourteenth Amendment and provide it as soon as it does for applicants of any other group. State of Missouri ex rel. Gaines v. Canada, 1938, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208.

The judgment of the Supreme Court of Oklahoma is reversed and the cause is remanded to that court for proceedings not inconsistent with this opinion.

The mandate shall issue forthwith.

Reversed.

LEE v. STATE OF MISSISSIPPI

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93 practice notes
  • Ratliff v. Norfolk Southern Ry. Co., No. 34156.
    • United States
    • Supreme Court of West Virginia
    • March 12, 2009
    ...whether there is liability, and if so for how much, Congress has not said that parties may not settle their claims without litigation. 332 U.S. at 631, 68 S.Ct. at 298-99, 92 L.Ed. 242. While the United States Supreme Court has, subsequent to Callen, addressed 45 U.S.C. § 55 in other contex......
  • Blackmon v. Ill. Cent. R.R. Co., No. W2013-01605-COA-R3-CV
    • United States
    • Court of Appeals of Tennessee
    • May 16, 2014
    ...is signed. Claims relating to unknown risks do not constitute "controversies," and may not be waived under § 5 of FELA. See Callen, 332 U.S. at 631, 68 S.Ct. at 298-99. For this reason, a release that spells out the quantity, location and duration of potential risks to which the employee ha......
  • Knight v. State of Ala., No. CV 83-M-1676-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • December 30, 1991
    ...Court cited Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950); Sipuel v. Board of Regents of the University of Oklahoma, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247 See generally, Keyes v. School District No. 1, Denver, Colo., 413 U.S. 189, 200-01 n. 11, 93 S.Ct. 2686, 2693-......
  • Browder v. Gayle, No. 1147.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • June 5, 1956
    ...ex rel. Gaines v. Canada, 1938, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208; Sipuel v. Board of Regents of University of Oklahoma, 1948, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247; Fisher v. Hurst, 1948, 333 U.S. 147, 68 S.Ct. 389, 92 L.Ed. 604; Sweatt v. Painter, 1950, 339 U.S. 629, 70 S.Ct. 84......
  • Request a trial to view additional results
88 cases
  • Ratliff v. Norfolk Southern Ry. Co., No. 34156.
    • United States
    • Supreme Court of West Virginia
    • March 12, 2009
    ...whether there is liability, and if so for how much, Congress has not said that parties may not settle their claims without litigation. 332 U.S. at 631, 68 S.Ct. at 298-99, 92 L.Ed. 242. While the United States Supreme Court has, subsequent to Callen, addressed 45 U.S.C. § 55 in other contex......
  • Blackmon v. Ill. Cent. R.R. Co., No. W2013-01605-COA-R3-CV
    • United States
    • Court of Appeals of Tennessee
    • May 16, 2014
    ...is signed. Claims relating to unknown risks do not constitute "controversies," and may not be waived under § 5 of FELA. See Callen, 332 U.S. at 631, 68 S.Ct. at 298-99. For this reason, a release that spells out the quantity, location and duration of potential risks to which the employee ha......
  • Knight v. State of Ala., No. CV 83-M-1676-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • December 30, 1991
    ...Court cited Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950); Sipuel v. Board of Regents of the University of Oklahoma, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247 See generally, Keyes v. School District No. 1, Denver, Colo., 413 U.S. 189, 200-01 n. 11, 93 S.Ct. 2686, 2693-......
  • Browder v. Gayle, No. 1147.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • June 5, 1956
    ...ex rel. Gaines v. Canada, 1938, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208; Sipuel v. Board of Regents of University of Oklahoma, 1948, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247; Fisher v. Hurst, 1948, 333 U.S. 147, 68 S.Ct. 389, 92 L.Ed. 604; Sweatt v. Painter, 1950, 339 U.S. 629, 70 S.Ct. 84......
  • Request a trial to view additional results
5 books & journal articles
  • CENTERING WHITENESS AND ENTRENCHING THE MYTH OF RACE-NEUTRAL ALTERNATIVES TO AFFIRMATIVE ACTION.
    • United States
    • University of Pennsylvania Law Review Vol. 170 Nbr. 1, December 2021
    • December 1, 2021
    ...to the university on the condition that he remain segregated from white students); Sipuel v. Board of Regents of University of Old., 332 U.S. 631, 631-32 (1948) (discussing the case of petitioner Sipuel, a Black student who was rejected from the University of Oklahoma School of Law on the b......
  • The South Counterattacks: the Anti-Naacp Laws
    • United States
    • Political Research Quarterly Nbr. 12-2, June 1959
    • June 1, 1959
    ...249 (1953). 10 Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938); Mitchell v. United States, 313 U.S. 80 (1941); Sipuel v. Board, 332 U.S. 631 (1948); Fisher v. Hurst, 333 U.S. 147 (1948).The progress in judicial enforcement of employment rights should also be noted: Steelev. Louisvill......
  • The Warren Court - After Three Terms
    • United States
    • Political Research Quarterly Nbr. 9-4, December 1956
    • December 1, 1956
    ...but equal" doctrine had been made untenable at the graduate and profes- sional school levels in Sipuel v. University of Oklahoma, 332 U.S. 631 (1948); Sweattv. Painter, 339 U.S. 629 (1950); and McLaurin v. Oklahoma State Board of Regents,339 U.S. 637 (1950). Even earlier, in Missouri ex rel......
  • History of Testing in the United States: Higher Education
    • United States
    • ANNALS of the American Academy of Political and Social Science, The Nbr. 683-1, May 2019
    • May 1, 2019
    ...New york, Ny: Teachers college Press. Serviceman’s readjustment Act, 58 Stat. § 1767 (1944).Sipuel v. Board of regents of Univ. of Okla., 332 U.S. 631 (1948).Smallwood, Mary Lovett. 1935. An historical study of examinations and grading systems in early American universities: A critical stud......
  • Request a trial to view additional results

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