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Cover Page Oct 2022

Cover Page

Mississippi College Law Review

No abstract provided.


Masthead Oct 2022

Masthead

Mississippi College Law Review

No abstract provided.


Publication And Subscription Information Oct 2022

Publication And Subscription Information

Mississippi College Law Review

No abstract provided.


Faculty List Oct 2022

Faculty List

Mississippi College Law Review

No abstract provided.


Adjunct List Oct 2022

Adjunct List

Mississippi College Law Review

No abstract provided.


Territorial Paternalism, Anthony M. Ciolli Oct 2022

Territorial Paternalism, Anthony M. Ciolli

Mississippi College Law Review

This Article strives to deconstruct and dismantle the most prominent misconceptions and outright lies being used to justify the continued withholding of constitutional rights and liberties from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. Part II addresses the claim that territories are not self- governing or are otherwise effectively ruled from Washington, D.C., by a Congress that is completely unresponsive to any of their concerns. Part III examines the portrayal of the territories as geographically isolated, crumbling, lacking safe drinking water, and otherwise substantially underdeveloped compared to the mainland United States. Finally, Part …


The Intersection Of The U.S. Immigration System And Human Trafficking: A Legalized Labor Of Injustice, Stephanie Durr Oct 2022

The Intersection Of The U.S. Immigration System And Human Trafficking: A Legalized Labor Of Injustice, Stephanie Durr

Mississippi College Law Review

In order to provide a critical analysis of the structural barriers to justice faced by trafficking victims, this Comment will explore the legal framework of trafficking in the United States since 2000, discuss how that framework perpetuates trafficking, review the existing remedies available to trafficking survivors, and analyze whether the existing remedies accomplish their purported goals. Part II of this Comment details the legal framework of human trafficking, including the Trafficking Victims Protection Act and its progeny, as well as relevant case law interpreting the Act’s statutory language. Part III analytically explores how trafficking is perpetrated through temporary work visas. …


Cover Page Oct 2022

Cover Page

Mississippi College Law Review

No abstract provided.


Publication And Subscription Information Oct 2022

Publication And Subscription Information

Mississippi College Law Review

No abstract provided.


Faculty List Oct 2022

Faculty List

Mississippi College Law Review

No abstract provided.


Get Your Head In The Game: Gamifying The Bar Examination, Donald E. Campbell Oct 2022

Get Your Head In The Game: Gamifying The Bar Examination, Donald E. Campbell

Mississippi College Law Review

During a recent administration of the bar examination, I observed the following: a student who had a child ten days before the exam passed; a student on law review failed; a student whose predictors indicated he should fail the bar exam passed; two students who were in the library every day studying failed. Even though these folks were all taking the same exam, their outcomes varied dramatically, and there did not seem to be a common variable that predicted whether they would pass or fail. My first inclination was to throw up my hands in frustration and chalk it up …


Table Of Contents Oct 2022

Table Of Contents

Mississippi College Law Review

No abstract provided.


Constitutional Standoff: An Example Of Practical Difficulty In Mississippi Venue Rules, Hunter C. Ransom Oct 2022

Constitutional Standoff: An Example Of Practical Difficulty In Mississippi Venue Rules, Hunter C. Ransom

Mississippi College Law Review

Mississippi’s legislature and judiciary have been locked in a constitutional standoff over procedural rulemaking power for decades. In an article describing the history of the conflict, author William H. Page has predicted that the situation will inevitably lead to “practical difficulties” down the road. Years later, given ongoing conflicts among various aspects of civil procedure in Mississippi, that prediction is beginning to appear prescient. A prime example has developed in Mississippi’s venue rules.

This Comment has three goals. First, it seeks to resurface Page’s discussion of the “constitutional standoff.”3 Second, it describes how Page was likely correct in predicting that …


Able But Unwilling To Work: Why The Current State Of Workers’ Compensation Law In Mississippi Deters Workers From Returning To Work As Soon As They Are Physically Able, Chandler Sessums Oct 2022

Able But Unwilling To Work: Why The Current State Of Workers’ Compensation Law In Mississippi Deters Workers From Returning To Work As Soon As They Are Physically Able, Chandler Sessums

Mississippi College Law Review

In 2019, the National Safety Council estimated that the total economic cost of work-related deaths and injuries in the United States was $171,000,000,000 and the amount of workdays lost due to these deaths and injuries was 105,000,000 days.1 On average, for every day of work missed by a worker due to a work-related death or injury, the total economic loss was over $1,600 per worker. Therefore, any time a worker is injured on the job, the overarching goal for both the employer and the employee should be for the worker to return to work as soon as is safely possible …


The Clean Water Act: Wading Back Into Muddy Interpretations, Kord Wilkerson Oct 2022

The Clean Water Act: Wading Back Into Muddy Interpretations, Kord Wilkerson

Mississippi College Law Review

“Fresh water: everything that lives on land, animal or plant, depends upon it.” A necessity to our very livelihood, our nation’s waters must be protected. As concern grows over Earth’s stability, and environmental issues in particular, clean water has been at the forefront of this Gordian knot. To mitigate our nation’s impact on water cleanliness, state organizations, environmental activists, and the Environmental Protection Agency have joined forces in an effort to create and enforce environmental protection.

These water quality efforts, however, have not come without struggle. The creation, enforcement, and efficiency of legislation to mitigate water pollution in certain water …


An Appeal To Heaven—The Timeless Plea For Nollan/Dolan Extension To The Sphere Of Legislative Exactions, Sam Sturgis Oct 2022

An Appeal To Heaven—The Timeless Plea For Nollan/Dolan Extension To The Sphere Of Legislative Exactions, Sam Sturgis

Mississippi College Law Review

“. . . [W]henever the legislators endeavour to take away and destroy the property of the people . . . they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience . . . .”1

In 1772, the colonists of Weare, New Hampshire, were given a choice: cede all white pine trees grown on their lands to the King of England or pay a hefty fine. It was an odious decree—one that struck at the very ideal of the American colonies. Imbued as they were with a sense of divine right to …


Masthead Oct 2022

Masthead

Mississippi College Law Review

No abstract provided.


Publication And Subscription Information Oct 2022

Publication And Subscription Information

Mississippi College Law Review

No abstract provided.


Faculty List Oct 2022

Faculty List

Mississippi College Law Review

No abstract provided.


Table Of Contents Oct 2022

Table Of Contents

Mississippi College Law Review

No abstract provided.


Foreword, The Honorable Denise Owens Oct 2022

Foreword, The Honorable Denise Owens

Mississippi College Law Review

No abstract provided.


Dedication, Mckenna Stone Cloud Oct 2022

Dedication, Mckenna Stone Cloud

Mississippi College Law Review

No abstract provided.


Fred Lee Banks, Jr., The Honorable Michael P. Mills Oct 2022

Fred Lee Banks, Jr., The Honorable Michael P. Mills

Mississippi College Law Review

No abstract provided.


Banks Tribute, The Honorable Chief Judge Debra Brown Oct 2022

Banks Tribute, The Honorable Chief Judge Debra Brown

Mississippi College Law Review

No abstract provided.


Reflection Of Fred Banks, John Brittain Oct 2022

Reflection Of Fred Banks, John Brittain

Mississippi College Law Review

No abstract provided.


Notes Of A Fan, Robb Mcduff Oct 2022

Notes Of A Fan, Robb Mcduff

Mississippi College Law Review

No abstract provided.


Happy Warrior: Lessons Learned From Watching Fred L. Banks, Jr., James W. Craig Oct 2022

Happy Warrior: Lessons Learned From Watching Fred L. Banks, Jr., James W. Craig

Mississippi College Law Review

No abstract provided.


Judicial Law Clerks’ Tributes To A Mentor, Ashanta E. Blackwell, Cecelia C. Oyola Oct 2022

Judicial Law Clerks’ Tributes To A Mentor, Ashanta E. Blackwell, Cecelia C. Oyola

Mississippi College Law Review

No abstract provided.


Discrimination And Disparity: Violating Olmstead V. L.C. Discriminates Against The Psychiatrically Vulnerable And Fosters Racial/Ethnic And Socioeconomic Mental Health Disparities, Mckenna S. Cloud Oct 2022

Discrimination And Disparity: Violating Olmstead V. L.C. Discriminates Against The Psychiatrically Vulnerable And Fosters Racial/Ethnic And Socioeconomic Mental Health Disparities, Mckenna S. Cloud

Mississippi College Law Review

Mississippi is one of several states still in violation of federal laws by unnecessarily institutionalizing individuals with serious mental illness and intellectual and developmental disabilities (“psychiatric vulnerabilities”) and by failing to offer sufficient community-based mental health services. This Comment uses Mississippi’s broken mental healthcare system as a case study to reveal how violating the Americans with Disabilities Act (“ADA”) and Olmstead v. L.C. ex rel Zimring, 527 U.S. 581, 597 (1999), not only discriminates against the psychiatrically vulnerable but also fosters racial/ethnic and socioeconomic mental health disparities. Complying with these federal mandates will provide individuals with psychiatric vulnerabilities with …


Fred L. Banks, Jr. – A Man For All Seasons, Jim Rosenblatt Oct 2022

Fred L. Banks, Jr. – A Man For All Seasons, Jim Rosenblatt

Mississippi College Law Review

No abstract provided.