Law Commons^™

Racial Justice And Federal Habeas Corpus As Postconviction Relief From State Convictions, Leroy Pernell

Mercer Law Review

It is the purpose of this Article not to simply document the influence of race on our criminal system and its role in the current racial crisis of overrepresentation of minorities in our prisons, but rather to focus on the future and importance of a key tool in the struggle for racial equity--federal habeas corpus as a postconviction remedy. By looking first at the racial context of several "landmark" criminal justice reform decisions, this Article considers how race serves as the root of the procedural due process reform that began in earnest during the Warren Court. This Article then notes …

Small-Business Health Insurance: A Symptom Of The Diseased American Health Care System ... What Is The Cure?, M. Catherine Norman

Mercer Law Review

Small businesses are independent establishments wholly owned by an individual, a family, or business partners. Small businesses are vital to local and national economies. In the aggregate, they have a very large impact on the nation, but individually, they are truly small. As such, the influence of small businesses could easily be overlooked, especially when health insurance legislation's focus is on individuals and large businesses.

The current American health insurance system is not sustainable because it increases the burden on large employers while providing a potentially untenable situation for small employers, does nothing to control rising medical costs, and does …

The Right To Rainwater: An Unlikely Fairy Tale, Autumn R. Triplett

Mercer Law Review

Everyone loves a good story, but what makes a story good?

First, a good story has a hero. Cinderella's fairy godmother helped her to realize her potential, Harry Potter saves the wizarding world once again, and rainwater changed our world. Of course this contention sounds strange, but if presented with the question of which natural resource is most vital to sustaining life on earth, most people would give the same answer: water. This is a statement that would likely be met with little resistance. That is because from a very early age, just like we are taught the importance of …

To Deceive Or Not To Deceive: Law Enforcement Officers Gain Broader Approval To Use Deceptive Tactics To Obtain Voluntary Consent, Alex G. Myers

Mercer Law Review

In the modern era of criminal investigations, law enforcement officers use many tactics from their bag of tricks to catch criminals. One such tactic, deception, has long been used to lull suspects into a false sense of security. Another tactic, voluntary consent, is widely used to gain permission to search suspects or their premises. While such tactics are prevalent, they must not run into conflict with the United States Constitution. Specifically, the Fourth Amendment of the United States Constitution provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and …

What's The "Use": Vehicle Maintenance Liability Barred By Sovereign Immunity Amendment Intended To Promote Waiver, Clayton Kendrick

Mercer Law Review

Local government is an active participant in most communities. It picks up trash weekly, keeps tap water clean, and keeps citizens safe. Local government is the cog that keeps communities running smoothly, and as such, is afforded certain protections. One of those protections is the protection from lawsuits brought by citizens. This is known as the doctrine of sovereign immunity. While local government reaches out into the community to keep citizens comfortable and safe, sovereign immunity keeps citizens from reaching in and exposing the government to liability. At times, however, these protections can seem unjust. In 2002, the Georgia General …

A Constitutional Counterpunch To Georgia's Anti-Slapp Statute, Nick Phillips, Ryan Pumpian

Mercer Law Review

A "Strategic Lawsuit Against Public Participation"-commonly referred to as a "SLAPP-is a lawsuit intended to chill free speech and healthy public debate and to otherwise intimidate people from speaking out on issues of public concern. True SLAPP suits strike at the heart of the United States and Georgia Constitutions, specifically the rights to free speech and to petition the government enshrined therein. In recent years, state legislatures, including the Georgia General Assembly, have attempted to ward off SLAPP suits through legislation-commonly referred to as "anti-SLAPP" statutes-aimed at the early dismissal of SLAPPs and the award of attorney's fees and costs …

Georgia's Unconstitutional Business Venue Provision: A Kingdom With Impermissible Borders, Lucas Bradley

Mercer Law Review

A sub-clause of Georgia's business venue statute, as construed in October 2016, violates the Commerce Clause of the United States Constitution. That statute, section 14-2-510(b) of the Official Code of Georgia Annotated (O.C.G.A.), provides four venues (counties) in which a company can be sued for an act or omission, depending on the kind of act or omission at issue. The first three venue options apply equally to in-state and out-of-state companies. The fourth venue option does not. This fourth option grants in-state companies an unwarranted advantage compared to out-of-state companies and as a result, runs afoul of the Constitution's Dormant …