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Civil Rights and Discrimination

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Mercer Law Review

2016

Articles 1 - 13 of 13

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Employment Discrimination, Peter Reed Corbin, John E. Duvall Jul 2016

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

Clearly the most significant case handed down during the 2015 survey period was the March 2015 decision by the United States Supreme Court in Young v. United Parcel Service, Inc. In Young, the Supreme Court decided that the Pregnancy Discrimination Act (PDA) does, in fact, require employers to offer workplace accommodations to pregnant employees in order to remain on the job. This case has almost certainly required a host of employers to review and probably revise the leave policies they had in place prior to the decision being handed down. Otherwise, the 2015 survey period was a busy, …


An Onerous Burden: The Impact Of Nassar Upon Mcdonnell Douglas In The Eleventh Circuit, Alec Chappell Jul 2016

An Onerous Burden: The Impact Of Nassar Upon Mcdonnell Douglas In The Eleventh Circuit, Alec Chappell

Mercer Law Review

Following a flood of employment discrimination and retaliation cases, the United States Supreme Court in University of Texas Southwestern Medical Center v. Nassar announced that an employee alleging retaliation must prove that the employer's motive to retaliate constituted a "but for" cause of the actions adverse to the employee. In addition to creating an awkward and unprecedented union of employment law and traditional tort principles of causation,' this decision upended the conventional application of the framework set forth in McDonnell Douglas Corp. v. Green and left the lower courts to pick up the pieces. ...

This Comment explores the responses …


Justice In The Deep South: Learning From History, Charting Our Future: An Introduction, Sarah Gerwig-Moore May 2016

Justice In The Deep South: Learning From History, Charting Our Future: An Introduction, Sarah Gerwig-Moore

Mercer Law Review

Opinions differ on the principal role of academic institutions. Should Universities be primarily concerned with scholarship and research? With classroom instruction? With producing well-rounded citizens? Mercer University has long been committed to each of these three priorities. Decades before I joined the faculty at Mercer Law School, schools within the University were already working to make public service a priority, in addition to teaching and scholarship.

Following suit, this year's Mercer Law Review Symposium boldly moved to address controversial social justice issues.' The Symposium, "Justice in the Deep South: Learning From History, Charting Our Future," featured a powerful and varied …


Keynote Address, Stephen B. Bright May 2016

Keynote Address, Stephen B. Bright

Mercer Law Review

No abstract provided.


Session Three: Learning From Innovators May 2016

Session Three: Learning From Innovators

Mercer Law Review

No abstract provided.


How The Narrative About Louisiana's Non-Unanimous Criminal Jury System Became A Person Of Interest In The Case Against Justice In The Deep South, Angela A. Allen-Bell May 2016

How The Narrative About Louisiana's Non-Unanimous Criminal Jury System Became A Person Of Interest In The Case Against Justice In The Deep South, Angela A. Allen-Bell

Mercer Law Review

Stories are central to what lawyers do; yet, to the average member of the legal community, they exist only inconspicuously. In actuality, all cases start with a story. As lawyers do their work, that initial story grows and evolves. When judges enter the picture, the story is revised and, ultimately, the final chapter is written; then, the process begins again with an entirely different cast of characters. This Article advocates against impersonal, mechanized systems of justice that are built upon defendants, dockets, cases, quotas, formulas, and rapidity. This Article calls for the justice community to see cases in a highly …


#Sayhername #Blackwomenslivesmatter: State Violence In Policing The Black Female Body, Teri A. Mcmurtry-Chubb May 2016

#Sayhername #Blackwomenslivesmatter: State Violence In Policing The Black Female Body, Teri A. Mcmurtry-Chubb

Mercer Law Review

On June 30, 1974, Alberta Williams King was shot and killed in the sanctuary of Ebenezer Baptist Church in Atlanta, Georgia as she played the organ for Sunday morning service. Mrs. King, seventy years old, was the mother of the Reverend Dr. Martin Luther King, Jr. News of her death was overshadowed by four Black men: her son, killed six years previously; the shooting of a "young Black man" in Atlanta on June 26, 1974, who was out on parole; Maynard Jackson, then newly elected as Atlanta's first Black mayor; and her assailant, a Black man, a Vietnam War veteran …


Binary Imprisonment: Transgender Inmates Ensnared Within The System And Confined To Assigned Gender, Danielle Matricardi May 2016

Binary Imprisonment: Transgender Inmates Ensnared Within The System And Confined To Assigned Gender, Danielle Matricardi

Mercer Law Review

It is June 26, 2015. The sun is shining, and the grass is wet with morning dew. Those unaware sip their coffee on the way to work, perplexed why so many rainbow flags clutter their morning commute. Celebrations are breaking out across the Nation. The United States Supreme Court has legalized same-sex marriage. Finally, the day has come when people who identify as lesbian, gay, bisexual, or transgender (LGBTQ) are given the same rights as their heterosexual brothers and sisters. If only there was any truth to such idealism. To the contrary, there are still debilitating injustices against members of …


Symposium Transcript: Justice In The Deep South: Learning From History, Charting Our Future May 2016

Symposium Transcript: Justice In The Deep South: Learning From History, Charting Our Future

Mercer Law Review

No abstract provided.


Session One: Learning From Souther History And Culture May 2016

Session One: Learning From Souther History And Culture

Mercer Law Review

No abstract provided.


Session Two: Learning From Struggles May 2016

Session Two: Learning From Struggles

Mercer Law Review

No abstract provided.


In Search Of The Beloved Community, Robert L. Rhodes Jr., Tremaine Reese May 2016

In Search Of The Beloved Community, Robert L. Rhodes Jr., Tremaine Reese

Mercer Law Review

This Article describes the process by which the Georgia Appleseed Center for Law & Justice (Georgia Appleseed) has engaged Georgians in crucial conversations about critical issues concerning the relationship among law enforcement officers and the community members they serve. We also discuss how Georgia Appleseed is working to have the content of these conversations foster change to law and policy designed to enhance police community relations.

This is a story half told. As of the date of publication of this Article, the fact-gathering and legal research described below will have been completed and public advocacy for change will have commenced. …


The Odd Couple: How Justices Kennedy And Scalia, Together, Advanced Gay Rights In Romer V. Evans, Tobin A. Sparling Mar 2016

The Odd Couple: How Justices Kennedy And Scalia, Together, Advanced Gay Rights In Romer V. Evans, Tobin A. Sparling

Mercer Law Review

Amidst the excitement surrounding the flurry of decisions supporting gay marriage' which culminates in the United States Supreme Court's affirmation of same-sex marriage in Obergefell v. Hodges, Romer v. Evans, the Supreme Court's first step on the road to marriage equality, has not received the recognition it deserves. Yet, as its twentieth anniversary nears, Romer warrants a reexamination and greater recognition of its place in the advancement of gay rights. Decided in 1996, Romer held that Amendment to the Colorado constitution violated the Equal Protection Clause because the amendment discouraged the enactment of laws banning discrimination based on …