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Articles 1 - 30 of 31
Full-Text Articles in Law
For The Ones Who Endured So That A Nation Might Live: A Plea To The Mississippi Legislature And Judiciary To Amend Miss. Code. Ann. 9-25-1 And Adopt A Mississippi Statewide Veterans Treatment Court, Hannah Grace Eckel
Mississippi College Law Review
Veterans provide an invaluable service to protect and defend the ideals of this nation. Today, there are roughly 18 million veterans living in the United States, and Mississippi is home to over 187,000. While many servicemen successfully integrate back into civilian life, trauma and addiction follow others which often leads to confrontations with the criminal justice system. The traditional Mississippi court system is ineffective for many veterans because the underlying issues that led to their incarceration cannot be treated with mere confinement.
Veterans Treatment Courts (VTCs) address the underlying issues that often lead to criminal activity and offer a veteran …
Reforming The Mississippi Criminal Code Part Iv: Offenses Against Property; Theft And Related Crimes, Judith J. Johnson
Reforming The Mississippi Criminal Code Part Iv: Offenses Against Property; Theft And Related Crimes, Judith J. Johnson
Mississippi College Law Review
Clear and fair criminal laws are foundational to criminal justice, and any meaningful reform effort should begin with the criminal laws. The Mississippi Code has been justifiably criticized as often being neither clear nor fair. This article about reforming the theft crimes is the fourth in a series of articles advocating for change to the Mississippi criminal laws. The first article explained why change is needed. Briefly, Mississippi criminal laws have been justifiably criticized because of gross sentencing disparities, vague definitions of the conduct prohibited, as well as confusing or absent definitions of states of mind required to commit the …
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi, Mark J. Goldberg
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi, Mark J. Goldberg
Mississippi College Law Review
On July 1, 2019, the Landowners Protection Act (the “Act”) became effective in Mississippi. The Act modified existing law as to premises liability for failure to protect against the criminal acts of third-parties in two respects. First, a new Code section was enacted, granting property owners several protections from such claims. Second, Mississippi’s joint and several liability statute was amended to allow for apportionment of fault between premises owners and intentional tortfeasors, i.e., criminal actors.
In the debate leading to the Act’s passage, proponents of the legislation provided that it was intended to codify prior court rulings and ensure that …
Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin
Matter Of Will Of Ratcliff And The Not-So-Harmless Error: A Call To Change Mississippi’S Approach To Will Formalities, Kelsi Baldwin
Mississippi College Law Review
A will provides a mechanism to dispose of property at death. But costly litigation—or worse, a will’s invalidation—often thwart this purpose. The law of probate is state-specific, which leaves jurisdictions with the burden of ensuring that their laws promote rather than defeat the purpose of probate—to honor the testator’s intent. Mississippi attempts to recognize this purpose by requiring strict compliance with the statutory requirements for creating a will. This “better safe than sorry” approach errs on the side of invalidity with the hope that denying a non-compliant instrument for probate will prevent fraud and other wrongdoing.
Despite its intention, Mississippi’s …
Environmental (In)Justice: Evaluating The Factors That Led To The Jackson Water Crisis & Proposing A Solution For Environmental Justice In Mississippi, Emily Brennan
Mississippi College Law Review
40,000. That is the number of residents that were left without potable water for nearly five weeks during Jackson, Mississippi’s February 2021 water crisis. An unusual cold front rolled through, freezing plant equipment, bursting water pipes, and causing many in Jackson to lose access to running water. This was not, however, the first time that Jackson residents had endured hardships with regard to their drinking water—it was just the first time that national attention turned to, and has seemed to remain on, Mississippi’s capital city. Those in Jackson are all too familiar with water pipes bursting, low water pressure, boil …
Children Are Different: Jones V. Mississippi, Juvenile Life Without Parole, And Why Youthfulness Matters In Sentencing, Giulia Hintz Mcquirter
Children Are Different: Jones V. Mississippi, Juvenile Life Without Parole, And Why Youthfulness Matters In Sentencing, Giulia Hintz Mcquirter
Mississippi College Law Review
“We are a country of mercy, and we are a country of vengeance, and we live with both at the same time.” This is how Robert Dunham, death penalty expert and Executive Director of the Death Penalty Information Center, describes the United States sentencing system. Battling inside each of us is the desire for people to pay for their wrongdoings, warring against the empathy of our human nature that wants to see the good in people, even criminals.
This internal conflict is rarely on better display than in cases involving child criminals. It is impossible to forget that these children …
Ambiguity And Exceptions: Dissecting Cftc V. Monex Credit Co. And The Commodity Exchange Act To Explain Actual Delivery, William Knotts
Ambiguity And Exceptions: Dissecting Cftc V. Monex Credit Co. And The Commodity Exchange Act To Explain Actual Delivery, William Knotts
Mississippi College Law Review
“Leveraged trades” are transactions in which an investor borrows the capital to purchase or sell a commodity using the commodity itself as collateral. These transactions are vital to the health of commodities markets as they relate directly to market participation and liquidity, both essential components. A recent Ninth Circuit decision threatens these types of valuable transactions by adopting a narrow interpretation of a key exemption from the applicability of Commodity Exchange Act regulations. This Article will argue a broader interpretation is more consistent with the purpose behind the Commodity Exchange Act, recent Commodity Futures Trading Commission interpretations, and will better …
Defeating Rumpelstiltskin: Why The Temporary Provision That Excludes Student Loan Forgiveness From Gross Income Should Be Made Permanent, Josh Cohron
Mississippi College Law Review
Despite the advances in higher education that have been made in the United States over the years, there is still a crisis in this country concerning student debt and its fallout. One aspect of the student debt crisis that has the potential to loom over many individuals is the taxation of student debt forgiveness. Up until March 11, 2021, when all or part of one’s student debt was discharged, the amount was taxed as ordinary income for the year in which it was forgiven. Fortunately, on that date, the American Rescue Plan Act of 2021 was passed which included a …
A Call For Effective Leniency: How The Circuit Split Regarding The Prison Mailbox Rule Fails To Properly Alleviate Issues For Prisoners, Shelby E. Parks
A Call For Effective Leniency: How The Circuit Split Regarding The Prison Mailbox Rule Fails To Properly Alleviate Issues For Prisoners, Shelby E. Parks
Mississippi College Law Review
The prison population has long been an overlooked segment of society. This is particularly true when it comes to pro se litigants within the federal prison system. A pro so litigant is someone involved in litigation, whether civil or criminal, and is representing themselves instead of being represented by an attorney. In other words, pro se prisoners do not have the aid of counsel at their disposal. Although it is an individual’s constitutional right to represent themselves, it can come at a cost, especially when it comes to understanding the nuances of civil or criminal court procedure. For pro se …
Introduction, Stephanie Durr
Introduction, Stephanie Durr
Mississippi College Law Review
The 2022 Mississippi College Law Review Symposium celebrated the 50th Anniversary of the Passage of Title IX. With the benefit of hindsight, the Symposium critically examined Title IX and its progeny, analyzing the benefits and the downfalls over the past fifty years. The 2022 Symposium celebrated Title IX for its accomplishments in eliminating sex-based discrimination in educational institutions but refused to let previous accomplishments overshadow the still-existing gender inequality. While history allows celebration, advocacy demands a commitment to work toward solutions for the persisting inequality. Armed with this intention, the Mississippi College Law Review set out to provide a forum …
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator, Dr. Kristena Gaylor
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator, Dr. Kristena Gaylor
Mississippi College Law Review
On June 23, 1972, Congress enacted the Title IX Education Amendment of 1972. Title IX prohibits discrimination based on sex in education programs and activities operated by recipients of federal financial assistance. Title IX’s core is the concept that students may not be denied educational opportunities based on their sex. Title IX’s protections extend to school activities, including admissions, financial aid, student services, counseling services, athletics, and physical education. The Title IX legislation eliminates sex-based discrimination to ensure all students—both male and female––have access to and equality in education.
The enactment of Title IX led to an upward trajectory for …
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms, Gabriella Kamran
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms, Gabriella Kamran
Mississippi College Law Review
A single occurrence of sexual violence on a college campus can lead to any of three major legal outcomes. The first is a traditional criminal prosecution of the alleged perpetrator. The second is a civil lawsuit against the school under Title IX, in which the victim alleges that the school’s disciplinary procedures failed to deliver an adequate response according to the body of law developed by courts interpreting Title IX. The third, which has become increasingly important and visible after a decade of student activism and initiatives by the Department of Education, is an administrative enforcement action by the Department’s …
Charting A Course To Gender Equity: Sexual Harassment Reporting Rates In Charter Schools, Gabriella Kamran
Charting A Course To Gender Equity: Sexual Harassment Reporting Rates In Charter Schools, Gabriella Kamran
Mississippi College Law Review
Charter schools and sexual harassment are two hot-button issues in the education landscape, but their intersection is seldom addressed in research or public discourse. This Article examines whether K-12 charter schools report allegations of sexual harassment, including harassment on the basis of sexual orientation, at a rate different from that of traditional public schools. I analyzed data from the Department of Education’s 2015-16 Civil Rights Data Collection (CRDC) report and found that the average national reporting rate of sexual harassment allegations is significantly higher among traditional public schools than it is among charter schools. I then used the National Alliance …