Law Commons^™

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

For the first time in the life of this Article, the 2003 survey period appears to have experienced a marked decrease in the number of decisions handed down by the United States Supreme Court and the Eleventh Circuit in the area of employment discrimination. As Title VII approaches its fortieth anniversary, perhaps this is an indication that there are fewer and fewer unsettled questions of law in this area. However, this decline in the number of decisions does not mean that the 2003 survey period was insignificant. The Supreme Court, in Raytheon Co. v. Hernandez, continued its string of …

Constitutional Civil Rights, C. Ashley Royal

Mercer Law Review

The First Amendment presents some of the most nettlesome, yet interesting, issues for attorneys and federal judges. Once again this term, the Court of Appeals for the Eleventh Circuit dealt with some complex issues in cases involving nude dancing, freedom of the press, religious symbols, commerce, and the Confederate battle flag. The court even stirred nationwide controversy over its decision about a monument to the Ten Commandments in Alabama. This Article highlights some of the key legal principles the court follows in ruling on First Amendment cases.

The Article shows how the court, applying the same legal theories, reaches different …

Finding Immunity: Manders V. Lee And The Erosion Of § 1983 Liability, Thomas B. Ward

Mercer Law Review

In Manders v. Lee, the United States Court of Appeals for the Eleventh Circuit held that a Georgia county sheriff is an arm of the state when acting in his official capacity in implementing and enforcing use-of-force guidelines and, thus, is immune from suit in federal court under the Eleventh Amendment.' This decision creates considerable uncertainty in the area of government-entity liability under 42 U.S.C. § 19833 because of the potentially broad impact of this newly established analytical approach.