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Journal Articles

Mississippi College School of Law

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Full-Text Articles in Law

How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson May 2020

How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson

Journal Articles

This study explores the nature of the relationship between the number of state-regulated mobile homes and per capita income, so as to determine whether higher-income parts of Illinois have more mobile homes than would be predicted by a recent BBC News article. It does so by identifying a simple way to determine the direction and strength of any relationship between mobile homes and per capita income, which that article assumes to be negative, if only at the county level in Illinois. The study, specifically, collects and analyzes mobile home data from Illinois and per capita income data from the U.S. …


A Tale Of Two Cities: Mark Cuban, David Einhorn, And The Ethics Of Insider Trading Reform, John P. Anderson Jan 2020

A Tale Of Two Cities: Mark Cuban, David Einhorn, And The Ethics Of Insider Trading Reform, John P. Anderson

Journal Articles

The similarities between the insider trading stories of Mark Cuban and David Einhorn suggest that their circumstances are not uncommon, and the contrasting results also help to illustrate some significant differences between the common law fraud-based insider trading regime in the U.S. and the statutory parity-of-information regime in Europe. And, as Congress and the SEC continue to weigh the merits of reform in the U.S., the examples of Cuban and Einhorn are particularly instructive for the reasons to be developed in the remaining sections of this Article. First, as will be explained in Part II of this Article, contrasting the …


Insider Trading And Cryptoassets: The Waters Just Got Muddier, John P. Anderson Jan 2020

Insider Trading And Cryptoassets: The Waters Just Got Muddier, John P. Anderson

Journal Articles

The absence of any clear guidance on when a digital asset is a security is a problem that has ramifications far beyond this article’s limited focus on our insider trading enforcement regime. Nevertheless, I have argued that the impending application of our insider trading laws to cryptoassets helps to illustrate why it is unfair and unjust to force market participants to wait much longer for a definitive answer to the question of when a digital asset is a security.


Why Police Should Protect Complainant Autonomy, Randall K. Johnson Apr 2019

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Journal Articles

Abstract: This Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. administrative agencies may employ to make more informed policy decisions. The Article does its work in, at least, three ways. First, it encourages better use of scarce public sector resources by calling for reform of the police complaint intake process. Next, this Article identifies the causes of police complaint inefficiencies by critically assessing how intake is done by the Chicago Police Department (CPD). Lastly, it provides guidance about how to achieve CPD intake reform by …


Why Police Should Protect Complainant Autonomy, Randall K. Johnson Jan 2019

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Journal Articles

This Article describes a simple way to limit the high cost of police misconduct, which is informed by background principles from U.S. civil procedure. It does so by calling for the Chicago Police Department (CPD) to better protect the complainant autonomy of injured citizens under the scaled-down process that is used to resolve certain legal claims against officers. Complainant autonomy is an injured citizen’s right to control how its claims are drafted and framed, even over the objection of a nominal plaintiff, regardless of whether such a right to do so is clearly established or not.


Why Mississippi Should Reform Its Penal Code, Judith J. Johnson Jan 2019

Why Mississippi Should Reform Its Penal Code, Judith J. Johnson

Journal Articles

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 cited defects are ameliorated …


Called To Serve: Elevating Human-Performed Caregiver And Volunteer Work In An Era Of Ai-Robotic Technologies, Hilary G. Escajeda Jan 2019

Called To Serve: Elevating Human-Performed Caregiver And Volunteer Work In An Era Of Ai-Robotic Technologies, Hilary G. Escajeda

Journal Articles

Although the status quo of the traditional female caregiver has managed to muddle forward, it may begin to unwind as increasingly capable technologies dislodge humans from full-time employment and compel a redefinition of valuable work. Given this backdrop, this Essay seeks to open a dialogue for developing thoughtful, modem tax policies. Part I outlines the vocational endeavors of historically female community members who serve as caregivers and social volunteers. Next, Part II summarizes the economic value of volunteer and caregiver services. Part III examines whether tax policies should adopt a more expansive definition of beneficial occupations, as artificial intelligence (AI) …


Show Me The Money: An Empirical Analysis Of Interest Group Opposition To Federal Courts Of Appeals Nominees, Donald E. Campbell, Marcus Hendershot Jan 2019

Show Me The Money: An Empirical Analysis Of Interest Group Opposition To Federal Courts Of Appeals Nominees, Donald E. Campbell, Marcus Hendershot

Journal Articles

Contemporary views of the federal judicial appointment process are grounded in themes of obstruction and gridlock. Within this environment, interest groups find fertile ground to target, and sometimes successfully oppose, judicial nominees that once automatically moved through the appointment process and ended in confirmation. While interest group involvement and influence is an accepted fact, much less is known about the efficacy of these groups in carrying out their objective of correctly identifying ideological outlier nominees. This article asks the question: Do interest groups correctly identify and target nominees who are ideological outliers? The article implements a research design that evaluates …


Undoing A Deal With The Devil: Some Challenges For Congress's Proposed Reform Of Insider Trading Plans, John P. Anderson Jan 2019

Undoing A Deal With The Devil: Some Challenges For Congress's Proposed Reform Of Insider Trading Plans, John P. Anderson

Journal Articles

The adoption of Rule 10b5-1 was, in a manner of speaking, a deal with the devil that the SEC and some lawmakers now appear to regret having made. The problem is that, as is often the case with such a deal, it cannot be easily undone. I identify challenges presented by the restrictions on Trading Plan use that Congress has proposed in the Corporate Insiders Act. In light of these challenges, I argue that effective Trading Plan reform cannot be accomplished by simply restricting the use of Trading Plans while leaving Rule 10b5-1(b)'s awareness test in place. If there is …


Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda Jan 2018

Can Female Academics Say "No" Both Professionally And Elegantly To Excessive Work Demand? Yes, But You Might Have To Call A Friend, Angela Mae Kupenda

Journal Articles

Whether one’s academic supervisor is a White man or woman, or a person of color, the ability to say “no” to our supervisors is critical for one’s professional success and personal wellbeing. Some of us are incessantly asked to take on extra service, extra duties, to relieve someone else because they have “more important things” to do, and “just to do it” because it must be done and because we have that extra strength in our DNA, some seem to think.


The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell Jan 2018

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

Journal Articles

Paragraph 20 in the Scope section of the American Bar Association (ABA) Model Rules of Professional Conduct (Model Rules)-which most states have adopted-provides that a violation of the Model Rules "should not give rise to a cause of action against a lawyer[,] nor should it create any presumption in such a case that a legal duty has been breached." At the same time, Paragraph 20 provides that the Model Rules can be used as "evidence" of breach of a lawyer's standard of conduct. Thus, the Model Rules attempt to make it clear that ethical violations are distinct from substantive law …


Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson Jan 2018

Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson

Journal Articles

This Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. cities may employ, so as to make more informed policy decisions. It does so, specifically, by examining information that is collected by the City of Chicago: in order to gauge the uniformity, as well as the relative cost effectiveness, of the parking ticket appeals process. The Article has six (VI) parts. Part I is the introduction, which sets the stage for a preliminary examination of the parking ticket appeals process in Chicago. Part II describes the …


Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda Jan 2018

Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda

Journal Articles

The decision in the landmark U.S. Supreme Court case Brown v. Board of Education, turns 65 years old in 2019. While 65 is considered to be a normal retirement age, Brown was retired many years ago while it was still just a toddler. As a result, Brown never became all that it could be. Now as Brown turns 65, it is (past) time to bring Brown out of its early, premature retirement. The primary purpose of this commentary is to encourage other professors to think, too, on what we can do individually, and what we must do collectively, to reinvigorate …


Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi Jan 2018

Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi

Journal Articles

Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the "lives" of single-celled zygotes may also have implications for the …


Teaching And Learning Personal Jurisdiction After The Stealth Revolution, Deborah Challener Jan 2018

Teaching And Learning Personal Jurisdiction After The Stealth Revolution, Deborah Challener

Journal Articles

In this Response [to Professor Michael Hoffheimer’s article The Stealth Revolution in Personal Jurisdiction], Professor Challener points out one additional cost of the stealth revolution: the substantially increased difficulty of teaching and learning the law of personal jurisdiction which, in turn, erodes law students’ confidence in the Supreme Court as an institution.


The Big Crowd And The Small Enterprise: Intracorporate Disputes In The Close-But-Crowdfunded Firm, Martin Edwards Jan 2018

The Big Crowd And The Small Enterprise: Intracorporate Disputes In The Close-But-Crowdfunded Firm, Martin Edwards

Journal Articles

Equity crowdfunding is a financial innovation that allows small businesses and startups to access capital through soliciting investment over the Internet. The current literature on crowdfunding has focused on its theoretical background and on the development of crowdfunding exemptions from the securities laws permitting the practice. There is less discussion of the impact of crowdfunding on corporate governance. This article fills that gap by outlining the potential for a panoply of intracorporate disputes between and among majority shareholders and “crowd” minority shareholders, placing the discussion within the longstanding—if uneasy—divide in judicial treatment of disputes in public corporations and close corporations. …


Insider Trading And The Myth Of Market Confidence, John P. Anderson Jan 2018

Insider Trading And The Myth Of Market Confidence, John P. Anderson

Journal Articles

This Article challenges the validity of the market-confidence claim as a justification for the regulation of insider trading on two grounds. First, insofar as it relies on a sociopsychological claim-that most investors perceive insider trading as economically harmful or morally wrong-it is subject to the problem of false consciousness (i.e., the psychological claim could be true though the shared belief is demonstrably false). Second, even if the problem of false consciousness is set aside, the market-confidence argument's empirical claims of a chilling effect among potential investors must be proven, not simply assumed.


Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda Nov 2017

Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda

Journal Articles

I remember my first time seeing Derrick Bell in person and hearing him speak, just a few years before he passed away. I was in awe of him for many reasons, but primarily for two reasons. First, I noted from watching him with his devoted students, how mutual was the devotion coming from him—devotion to them as people and as those who would surely carry on his great work of seeking to forge equality in America and beyond. And second, I was in awe of him because of his devotion to the elimination of racism, while at the same time …


Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda Oct 2017

Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda

Journal Articles

In the midst of the post-2016 political crisis, our role as academics is that of First Responders. In physical crises, like a fire, First Responders play an important role. They intentionally put themselves in harm’s way to fulfill an overarching purpose of helping others, even at their own risk. They strategically prepare, train, and work for years to prepare for this role in the midst of crisis. As academics who care about equality, we are First Responders.


Book Review, Justin R. Huckaby Jan 2017

Book Review, Justin R. Huckaby

Journal Articles

In Conventional Wisdom: The Alternate Article V Mechanism for Proposing Amendments to the U.S. Constitution, John R. Vile discusses the thus-far unused Article V convention method of amending the U.S. Constitution. The book focuses on what an Article V convention could be and what parameters it might entail. Could such a convention be limited in scope, or must it be general in nature? Vile considers these questions and the literature behind them to develop his own interpretation of an Article V convention and how it should be implemented.


Picking At Morals: Analytical Jurisprudence In The Age Of Naturalized Ethics, Alina Ng Boyte Jan 2017

Picking At Morals: Analytical Jurisprudence In The Age Of Naturalized Ethics, Alina Ng Boyte

Journal Articles

No abstract provided.


How The United States Postal Service (Usps) Could Encourage More Local Economic Development, Randall K. Johnson Jan 2017

How The United States Postal Service (Usps) Could Encourage More Local Economic Development, Randall K. Johnson

Journal Articles

Over the last ten years, the United States Congress has made it increasingly difficult for the United States Postal Service ("USPS")1 to encourage economic development on the ground. Congress has deprived the USPS of its traditional means of achieving local economic development goals, which have largely benefited sub-national governments by providing indirect federal subsidies. This deprivation has occurred, at least in part, through the 2006 Postal Accountability and Enhancement Act ("PAE Act"), which expressly limits the USPS's right to offer certain non-services like domestic money transfers and other financial products. In an attempt to provide a measure of guidance to …


Paintbrushes And Crowbars: Richard Rorty And The New Public-Private Divide, John P. Anderson Jan 2017

Paintbrushes And Crowbars: Richard Rorty And The New Public-Private Divide, John P. Anderson

Journal Articles

In an often-quoted passage, Richard Rorty wrote that “J.S. Mill’s suggestion that governments devote themselves to optimizing the balance between leaving people’s lives alone and preventing suffering seems to me pretty much the last word.” In this Article, I show why, for Rorty, maintaining a strong public-private divide that cordons off final vocabularies—the religious, racial, ethnic, sexual, gender, philosophical, and other terms so important for citizens’ private pursuits of self-creation and self-perfection—from public political discourse is a crucial means to accomplishing both of these goals in post-secular liberal democracies. Public political justifications should instead be articulated in the foundation neutral …


The Influence Of Justice Thurgood Marshall On The Development Of Title Vii Jurisprudence, Wendy B. Scott, Jada Akers, Amy White Apr 2016

The Influence Of Justice Thurgood Marshall On The Development Of Title Vii Jurisprudence, Wendy B. Scott, Jada Akers, Amy White

Journal Articles

This Article highlights Justice Marshall’s influence on the development of Title VII jurisprudence. Part I presents a brief overview of Justice Marshall’s personal and professional life before becoming a Justice to show how his experience influenced the development of his judicial philosophy. Part II summarizes the Court’s approach to some of the issues left unresolved by Congress in the initial passage of Title VII. Specifically, it explores how the Court determined what would constitute a violation of Title VII and standards of pleading and proof. Part III examines the changes in the Court’s jurisprudence before Justice Marshall retired from the …


When Does Corporate Criminal Liability For Insider Trading Make Sense?, John P. Anderson Jan 2016

When Does Corporate Criminal Liability For Insider Trading Make Sense?, John P. Anderson

Journal Articles

It is clear that not all insider trading is victimless, and not all employers of insider traders are innocent. But I am convinced that these critics are correct to point out that the current enforcement regime is absurdly overbroad in that it affords no principled guarantee to corporate victims of insider trading that they will not be indicted for the crimes perpetrated against them. The law should be reformed to ensure that corporations are only held criminally liable where they are guilty of some wrongdoing.


Solving The Paradox Of Insider Trading Compliance, John P. Anderson Jan 2016

Solving The Paradox Of Insider Trading Compliance, John P. Anderson

Journal Articles

Regulators demand the impossible when they require issuers to design and implement effective insider trading compliance programs because insider trading is a crime that neither Congress nor the Securities Exchange Commission has defined with any specificity. This problem of uncertainty is then compounded by the threat of heavy civil and criminal sanctions for violations. Placed between this rock and hard place, issuers tend to adopt overbroad insider trading compliance programs, which comes at a heavy price in terms of corporate culture, cost of compensation, share liquidity, and cost of capital. The irony is that, since all of these costs are …


Higher Education: Putting Our Children On The Bus To Success, Angela Mae Kupenda Jan 2016

Higher Education: Putting Our Children On The Bus To Success, Angela Mae Kupenda

Journal Articles

To protect our Black youth and other youth of color given the many incidents still occurring today, many responses are necessary, including: nonviolent protests, demands for legal and justice reform, instructing our youth on the realities of racism in America, and law suits for the injuries from state sanctioned and private racialized violence. While all of these, and more, are needed, we must not lose sight of the offense that is also called for.


The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, Angela Mae Kupenda Jan 2016

The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, Angela Mae Kupenda

Journal Articles

In 1991, Clarence Thomas was confirmed as the first Black radical conservative Justice, in spite of opposition including credible allegations of sexual harassment lodged against him. His unprecedented confirmation evoked unprecedented reactions, including written ones. One such written action is the basis for this article. Our nation is now fast approaching the anniversary, not only of Thomas’ 25 ceremonial years on the Court, but also of almost 25 years since an unprecedented, published, pointed, open, publicly and widely circulated correspondence was sent to the newly confirmed Justice Thomas by another Black judge. Esteemed Federal Judge A. Leon Higginbotham, Jr., penned …


Why U.S. States Need Pension Waiver Credits, Randall K. Johnson Jan 2016

Why U.S. States Need Pension Waiver Credits, Randall K. Johnson

Journal Articles

[A] new tax expenditure concept, which is described for the first time in this article, achieves its goal by providing fresh consideration for each of the parties. This additional consideration takes two forms: a new tax credit allocation (i.e., this tax expenditure provides early access to retirement benefits, which would otherwise be accessible upon retirement, and thereby provides fresh consideration for public employees) and the right to discontinue offering defined-benefit pension plans (i.e., the waiver of this legal duty, which would otherwise need to be discharged, serves as fresh consideration for public employers). Because this fresh consideration is not tied …


Equality Lost In Time And Space: Examining The Race/Class Quandary With Personal Pedagogical Lessons From A Course, A Film, A Case, And An Unfinished Movement, Angela Mae Kupenda Jan 2016

Equality Lost In Time And Space: Examining The Race/Class Quandary With Personal Pedagogical Lessons From A Course, A Film, A Case, And An Unfinished Movement, Angela Mae Kupenda

Journal Articles

This essay is both personal and pedagogical. My hope is that it issues a clarion call to legal educators and administrators to choose the pursuit of racial and class equality. I believe that, as law faculty and administrators, we must first address our personal quandaries with race and class before we can effectively address the racial and class implications in our pedagogical or administrative roles in legal education. This essay focuses on race and class and is a clarion call for legal academics and administrators to address ongoing structural racism and classism in our institutions, by starting with our own …