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2001

Civil Rights and Discrimination

Mercer University School of Law

Articles 1 - 5 of 5

Full-Text Articles in Law

Constitutional Civil Rights, John Sanchez Jul 2001

Constitutional Civil Rights, John Sanchez

Mercer Law Review

The 2000 survey period was an active year for constitutional civil rights litigation in the Eleventh Circuit. All eighteen cases examine thorny issues arising under the First Amendment. Thirteen cases address free speech issues while five cases touch on religion. Two cases deal with zoning ordinances that regulate adult businesses. Two cases address the constitutionality of zoning ordinances that regulate nude dancing. Two apply the test in Central Hudson Gas & Electric Corp. v. Public Service Commission ("Central Hudson") for regulating commercial speech. Two cases analyze the law of prior restraints when it comes to licensing access to traditional public …


Gay Marriages And Civil Unions: Democracy, The Judiciary And Discursive Space In The Liberal Society, Mae Kuykendall May 2001

Gay Marriages And Civil Unions: Democracy, The Judiciary And Discursive Space In The Liberal Society, Mae Kuykendall

Mercer Law Review

The various states have given provisional answers to the socially volatile quest by gay couples for legal recognition of their relationships as marriage. The provisional quality of the policy-making is related to the status of the language of marriage as a contested site. The language evolves, but pressure exists to stall public acknowledgment of changes in descriptors for basic relationships. The prominence of language as itself a matter of dispute gives new and broadened meaning to classic arguments defending the judicial role on the grounds that courts function well to advance public discourse, particularly if they do not impose final …


Lead Article - Setting The Stage For Brown: The Development And Implementation Of The Naacp's School Desegregation Campaign, 1930-1950, Leland B. Ware Mar 2001

Lead Article - Setting The Stage For Brown: The Development And Implementation Of The Naacp's School Desegregation Campaign, 1930-1950, Leland B. Ware

Mercer Law Review

The protest against segregation began early in the twentieth century, not long after the Supreme Court's 1896 decision in Plessy v. Ferguson. The fight was led by the National Association for the Advancement of Colored Persons ("NAACP"), which was founded in 1909 by a group of black activists and white progressives. After years of lobbying, organizing local chapters, and engaging in other activities, the NAACP shifted its direction. In the early 1930s, the organization embarked on a long-range, carefully coordinated litigation campaign that challenged the laws that enforced segregation. During the years that followed, a legal revolution was set …


Symposium Introduction - Brown V. Board Of Education After Fifty Years: Context And Synopsis, James L. Hunt Mar 2001

Symposium Introduction - Brown V. Board Of Education After Fifty Years: Context And Synopsis, James L. Hunt

Mercer Law Review

For white Southerners, the United States Supreme Court's decision in Brown v. Board of Education was important because it challenged racial discrimination in the most important governmental function of their communities: public education. As a consequence, the significance of Brown is not limited to the legal strategies of the parties or the decision-making process on the Supreme Court, however critical those activities were. Of additional usefulness in understanding Brown is the experience of the people who would either defy or support it. The essential political nature of Brown requires an effort to consider its impact at the local level. The …


Panel Discussion Mar 2001

Panel Discussion

Mercer Law Review

A Transcript featuring William H. Harbaugh, E. Barrett Prettyman Jr., Mark O. Tushnet, Leland B. Ware, John O. Cole, Moderator, and a Special Video Presentation by Oliver W. Hill