Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (10)
- Constitutional Law (6)
- Criminal Law (5)
- Education Law (5)
- First Amendment (4)
-
- Legislation (4)
- Supreme Court of the United States (4)
- Civil Rights and Discrimination (3)
- Health Law and Policy (3)
- Labor and Employment Law (3)
- Civil Procedure (2)
- Courts (2)
- Intellectual Property Law (2)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Contracts (1)
- East Asian Languages and Societies (1)
- Fourteenth Amendment (1)
- Immigration Law (1)
- Law and Gender (1)
- Law and Race (1)
- Litigation (1)
- Military, War, and Peace (1)
- Property Law and Real Estate (1)
- Religion Law (1)
- Securities Law (1)
- Tax Law (1)
- Torts (1)
- Keyword
-
- Mississippi (9)
- Mississippi law (5)
- Civil procedure (2)
- Criminal law (2)
- Discrimination (2)
-
- Education (2)
- Executions (2)
- Health law (2)
- Legislation (2)
- Legislature (2)
- Property (2)
- Schools (2)
- Sentencing (2)
- United States Supreme Court (2)
- Workplace discrimination (2)
- "arises out of" prong (1)
- Accommodations (1)
- Americans with Disabilities Act (1)
- Anti-masking laws (1)
- Aphorisms (1)
- Art (1)
- Assisted reproductive technologies (1)
- At-will employment doctrine (1)
- Atkins v. Virginia (1)
- Banking (1)
- Bargaining power (1)
- Benefits (1)
- Blood shield statute (1)
- Bonds (1)
- Bristol-Myers Squibb (1)
Articles 1 - 30 of 73
Full-Text Articles in Law
Off The Marques: An Exploration Of Arbitrariness In Immigration Law Through Marques V. Lynch, Patrick Fields
Off The Marques: An Exploration Of Arbitrariness In Immigration Law Through Marques V. Lynch, Patrick Fields
Mississippi College Law Review
Ronaldo de Lima Marques appeared to hit the jackpot. He paid a United States citizen to marry him, submitted immigration paperwork on the basis of that fraudulent marriage, and waited. His goal: become a permanent resident of the United States; stay in the country as long as he pleased; perhaps become a U.S. citizen. He succeeded. On September 9, 2006, Mr. Marques received authority from the United States government to make this country his permanent home. He did it. He hoodwinked the system.
His days of peace, however, were limited. Despite an initial failure to detect his sham marriage, the …
Why Mississippi Should Reform Its Penal Code, Judith J. Johnson
Why Mississippi Should Reform Its Penal Code, Judith J. Johnson
Mississippi College Law Review
The Mississippi Penal Code was determined at the turn of this century to be the fifty-second-worst penal code in the United States. As much as Mississippi is often used to being - and is even proudly defiant for being - ranked low on national scales, this is an issue about which we should be deeply concerned. A well-drafted penal code is crucial because it is at the core of the primary value of justice. While we are experienced with being ranked last in many situations, often unfairly, the criticism of the Mississippi Penal Code is accurate. Although many of the …
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander
Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander
Mississippi College Law Review
Although many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations "are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working." In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at …
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Mississippi College Law Review
The United States Supreme Court's revolutionary ruling in Obergefell v. Hodges, which guaranteed marriage equality for homosexual couples in every state, gave life to a new challenge in the area of free exercise of religion: to what extent should persons with religious objections to same-sex marriages be forced to participate in them? Should a Christian baker be legally required to bake a wedding cake for a homosexual marriage to which he or she objects? Must a county clerk with religious objections to homosexual marriage sign a marriage license for a same-sex couple?
In an attempt to pre-empt these types of …
The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.
The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.
Mississippi College Law Review
The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …
Manna From Heaven: The Benefits Of A Uniform Drone Statute In The State Of Mississippi, J. Mason Wood
Manna From Heaven: The Benefits Of A Uniform Drone Statute In The State Of Mississippi, J. Mason Wood
Mississippi College Law Review
Drones surround us. They are in the Middle East, assisting the United States military in carrying out its missions. They are around our businesses, used by professional photographers, farmers, insurance adjusters, and countless other professionals in a growing number of commercial applications. With the sales of drones expected to skyrocket over the next several years, the state of Mississippi should enact regulations in order to restrict and take advantage of their use.
"I'M Sorry, Mississippi": An Argument For Enactment Of A Physician Apology Statute By The Mississippi Legislature, Brittany Brooks Frankel
"I'M Sorry, Mississippi": An Argument For Enactment Of A Physician Apology Statute By The Mississippi Legislature, Brittany Brooks Frankel
Mississippi College Law Review
Imagine this: you are a dedicated orthopedic surgeon who loves her work. You perform a total knee replacement, albeit on a high-risk patient. The patient does not heal properly and complains of an unsteady gait. Upon further analysis, you begin to become concerned that his inability to heal may be due to an improperly placed implant. A corrective surgery will be required. You are distraught by the unanticipated outcome and wish to express your deepest apologies to the patient and his family. Not so fast! Be aware that your moral compass could be leading you into expressing an apology that …
How Far Have Standards Of Decency Evolved In Fifteen Years? An Update On Atkins Jurisprudence In Mississippi, Alexander Kassoff
How Far Have Standards Of Decency Evolved In Fifteen Years? An Update On Atkins Jurisprudence In Mississippi, Alexander Kassoff
Mississippi College Law Review
In 2002, the United States Supreme Court handed down Atkins v. Virginia, holding that the Eighth Amendment prohibits the execution of people with intellectual disability. In the years since that ruling, some change has occurred, but questions remain. This article will examine significant developments in Atkins jurisprudence during that time period. It will look at the two post-Atkins United States Supreme Court cases, and the development of the law - in Mississippi especially, but also to some extent in other jurisdictions that still have the death penalty.
The Unbargained-For-Exchange In Copyright, Justin Ponds
The Unbargained-For-Exchange In Copyright, Justin Ponds
Mississippi College Law Review
Copyright law in the United States is more than the letter "C" in a circle. The visual impression of someone clutching a book prevails in many minds. The use of the phrase "it's copyrighted" has become common. Many people consider a "copyright" to be "property." The true story of copyright law is so steeped in history - a great deal from England - that it makes even Betty White seem middle aged. This Article examines some of that history and compares mistaken connotations about "property" within the realm of contract law - a better association.
Bristol-Myers Squibb Co. V. Superior Court Of California, San Francisco County: An Exploration Of The "Arises Out Of" Prong In Personal Jurisdiction, Loden Walker
Mississippi College Law Review
The concept of personal jurisdiction in its modern context has existed since the early 1900s. In time, courts have vetted the idea that an individual, company, or legal entity may be brought under the jurisdiction of a state or federal court by reason of its particular contacts with the jurisdiction. In its creation, the Supreme Court of the United States added the requirement that the contact must "arise out of or relate to" the forum state. But dismally, the Court has provided very little on how to apply and operate the "arise out of" prong. As a result, both federal …
De-Facto-Life And The Rare Juvenile, Julie Burke
De-Facto-Life And The Rare Juvenile, Julie Burke
Mississippi College Law Review
We have all been young once. We all remember doing stupid things with our friends growing up. Now imagine if one of those decisions caused you to be thrown into prison for the rest of your life. Despite the United States Supreme Court[s decisions that sentencing juveniles to life in most cases is unconstitutional, lower courts are still giving juveniles de-facto-life sentences.
The United States Supreme Court has recognized that children are different from adults in several recent cases. In 2005, Roper v. Simmons, the Court held that it is unconstitutional to sentence a juvenile to death. More pertinent to …
The Need For A New Political Playbook Which Mitigates The Public Harm Caused By Tax Incentives, Robert Louis Perkins
The Need For A New Political Playbook Which Mitigates The Public Harm Caused By Tax Incentives, Robert Louis Perkins
Mississippi College Law Review
This article is politically pragmatic and written with a clear acknowledgement that tax incentives will continue to be utilized by policymakers, despite data continuing to reflect that the actual influence tax incentives have in determining where a company or industry locates is often exceeded by their cost. Government investment in public services such as education and infrastructure are often scaled back to accommodate the cost of the incentives. However, public officials have strong incentives of their own which encourage them to rely on these costly measures. These incentives include the resulting political points they score from being able to take …
Fashion Has No Function: Diminishing The Functionality Bar To Trademark Protection In The Fashion Industry, Seth Diasio
Fashion Has No Function: Diminishing The Functionality Bar To Trademark Protection In The Fashion Industry, Seth Diasio
Mississippi College Law Review
The primary source of trademark law in the United States, The Lanham Act, outlines the requirements for trademark registration and protection. Marks which are distinctive, or that have acquired secondary meaning, can be registered on the Principal Register of the United States Patents and Trademarks Office (USPTO). Registered marks receive strong federal protection; however, those protections are unavailable to marks that are barred by the Act, but would otherwise meet the qualifications of registration. One of the strongest bars to registration is the functionality bar, which prevents registration of a functional mark regardless of whether it has a secondary meaning. …
Aphorism Cookies, Erik M. Jensen
Parks And Separation: How The Mississippi Legislature Decided Just Compensation In Bay Point Properties, Inc. V. Mississippi Transportation Commission, Kyle Usner
Mississippi College Law Review
At first glance, Bay Point comes across as the standard, run-of-the-mill eminent domain case: the government contracts with a citizen for an express easement over privately-owned land limited to a certain use; the government then exceeds the scope of that easement, resulting in a taking. Governmental taking is usually not anything outside of the norm. But with a potential seven billion dollars' worth of federally funded highway projects destined for Mississippi highway only a Presidential signature away from being approved, this decision is not one Mississippi landowners should ignore. Further, the crux of Bay Point lies with an issue of …
Calpers V. Anz Securities: Securities Time Bars, Whit Kendall
Calpers V. Anz Securities: Securities Time Bars, Whit Kendall
Mississippi College Law Review
Statutes of limitations and statutes of repose are critical mechanisms that help to limit liability in civil actions. In many instances, these two time bars are paired together in order to protect a defendant from an interminable threat of liability. Although these time limits are present in many types of statutes, they are especially important in statutes involving securities offerings because of the need to protect financial security. In the Securities Act of 1933 ("Securities Act"), there are two time bars, a statute of limitations and a statute of repose, which attempt to protect potential defendants from liability regarding the …
The Twenty-First Century Death Penalty And Paths Forward, Jeffrey Omar Usman
The Twenty-First Century Death Penalty And Paths Forward, Jeffrey Omar Usman
Mississippi College Law Review
Today, states are moving closer to another moment of critical decision-making in charting the course of the death penalty in the United States. Unlike the sudden and dramatic immediacy of Furman, however, this moment is arriving through a slower and quieter progression, or perhaps more accurately a deceleration. While not abolished, in many states application of the death penalty is grinding or has ground to a halt. If the status quo holds, the vast majority of defendants who are sentenced to death by the states will instead live out their natural lives in prison for decades dying of old age …