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Articles 1 - 28 of 28
Full-Text Articles in Law
Why We Need A Comprehensive Recording Fraud Registry, Randall K. Johnson
Why We Need A Comprehensive Recording Fraud Registry, Randall K. Johnson
Journal Articles
This essay argues for a modest expansion of the Nationwide Mortgage Licensing System and Registry (NMLS) in order to detect and deter more recording fraud. It does so, initially, by explaining why this online registry limits mortgage fraud. The essay later describes how the NMLS could detect or deter other crimes, such as deed fraud and lien fraud. Lastly, it deals with concerns about a Comprehensive Recording Fraud Registry.
Table Of Contents-Issue 2, Mc Law
Legal Ethics In A Time Of Change: An Assessment Of The American Bar Association's Ethics 20/20 Commission, Donald E. Campbell
Legal Ethics In A Time Of Change: An Assessment Of The American Bar Association's Ethics 20/20 Commission, Donald E. Campbell
Mississippi College Law Review
No abstract provided.
Facing 21st Century Realities, Judith L. Maute
Facing 21st Century Realities, Judith L. Maute
Mississippi College Law Review
No abstract provided.
Are We Teaching What They Will Use; Surveying Alumni To Assess Whether Skills Teaching Aligns With Alumni Practice, Sheila F. Miller
Are We Teaching What They Will Use; Surveying Alumni To Assess Whether Skills Teaching Aligns With Alumni Practice, Sheila F. Miller
Mississippi College Law Review
No abstract provided.
Putting The Meaningful Back In Meaningful Review: Detainee Litigation In A Post Latif World, Tony Scardino
Putting The Meaningful Back In Meaningful Review: Detainee Litigation In A Post Latif World, Tony Scardino
Mississippi College Law Review
Note
In Re Hooker: A Political Question Doctrine Game Change, Jackson C. Smith
In Re Hooker: A Political Question Doctrine Game Change, Jackson C. Smith
Mississippi College Law Review
Note
Personal Guarantees And Sureties Between Commercial Law And Consumers In The United States, Christoph Henkel
Personal Guarantees And Sureties Between Commercial Law And Consumers In The United States, Christoph Henkel
Journal Articles
Guaranties and suretyships reduce the risk of default and today remain essential arrangements in many commercial and consumer transactions. A guarantor or surety promises to pay for the debt of a third party and may become primarily liable on that debt. Despite the significance of such a promise and the resulting obligation, U.S. law does not clearly distinguish between a guarantor and surety in a consumer or commercial context. This is of particular relevance, because in a consumer context a guaranty often has a gratuitous or sentimental element and a guarantor may not always be fully aware of the risks …
Where Schools Close In Chicago, Randall K. Johnson
Where Schools Close In Chicago, Randall K. Johnson
Journal Articles
This article tests the assumption that schools close disproportionately in disadvantaged parts of the city in order to explain where schools close in Chicago. It does so by introducing a new CPS closings data set.This data set sheds some light on the phenomenon by identifying 130 schools that closed over time, twenty-seven ZIP codes that experienced CPS closings, and three demographic characteristics of each ZIP code. As a result, the dataset helps to explain how CPS closings relate to race, income, and location.
The Conceits Of Our Legal Imagination: Legal Fictions And The Concept Of Deemed Authorship, Alina Ng Boyte
The Conceits Of Our Legal Imagination: Legal Fictions And The Concept Of Deemed Authorship, Alina Ng Boyte
Journal Articles
Legal fictions contain embedded nuggets of information about social reality and reveal important aspects of human society. However, the use of legal fictions may also obscure important information or fundamental questions about law and its role in shaping society. These fictions become institutionalized without a clear understanding of their function. When that happens, fallacious assumptions about human behavior and social relationships transform into binding principles that set the course for future legal development, potentially resulting in legal rules that are completely dissociated from social, historical, or cultural reality. This article explores the concept of deemed authorship as a legal fiction …
Who’S Afraid Of The Big Bad Tax-Free Liquidating Distribution? Ideological Debates On Taxation And The Repeal Of General Utilities, Martin Edwards
Who’S Afraid Of The Big Bad Tax-Free Liquidating Distribution? Ideological Debates On Taxation And The Repeal Of General Utilities, Martin Edwards
Journal Articles
The General Utilities doctrine, named for the 1935 Supreme Court decision allowing a corporation to distribute appreciated assets to shareholders without reporting a taxable gain, was once known as one of seven fundamental principles of American corporate taxation. The doctrine’s popularity reached its peak in 1954, when Congress formally incorporated it into the Internal Revenue Code. Despite this esteemed position among tax-law doctrines, General Utilities was routinely criticized because, among other things, it allowed a situational (and arbitrary) reprieve from “double taxation” of corporate income. Corporate income is functionally taxed twice in the sense that the corporation owes tax on …
Challenging Presumed (Im)Morality: A Personal Narrative, Angela Mae Kupenda
Challenging Presumed (Im)Morality: A Personal Narrative, Angela Mae Kupenda
Journal Articles
This narrative essay is about presumptions of (im)morality in academic settings. Such biased presumptions affect our abilities, even as educators, to work together and foster a society built on principles of justice that could help us work, live, and play better together. Learning to understand, work with, live near, and care about others are goals to which many of us would say we aspire. As law professors, we consider collegiality to be one of the factors we use in evaluating candidates for hiring and promotion decisions. However, these evaluations may rest not on the worthiness or respected humanity of others, …
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Journal Articles
Through lessons learned from LatCrit 2013, this essay is hoping to evoke the missing sentiment of understanding and equality by signifying that the south that will rise again will be a south that is transformed, as Dr. Martin Luther King said “into an oasis of freedom and justice,” by moving out of its fears of understanding and moving to a far greater level of cross-cultural understanding.
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium--The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien K. Wing
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium--The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien K. Wing
Journal Articles
Presumed Incompetent was produced thanks to the vision and commitment of its editors: Dr. Gabriella Gutiérrez y Muhs, Dr. Yolanda Flores Niemann, Carmen G. González, and Angela P. Harris. This symposium came to fruition because the Berkeley Journal of Gender, Law & Justice invited the two law professor editors, Professor Harris and Professor González, to convene a distinguished group of scholars from Canada and the United States to expand and deepen the conversation initiated by the book. The very successful day-long symposium and the publication of the resulting articles were made possible by the resources, time, and dedication provided by …
On The Receiving End Of Influence: Helping Craft The Scholarship Of My Students And How Their Work Influences Me, Angela Mae Kupenda
On The Receiving End Of Influence: Helping Craft The Scholarship Of My Students And How Their Work Influences Me, Angela Mae Kupenda
Journal Articles
My essay is divided into two parts. In part one I share about the struggle I had to endure to even allow myself the opportunity to be influenced by my students. Institutional struggles and professorial expectations as to how the academy should operate were hurdles I had to clear. Also, I had personal hurdles of making the commitment that I did for over five years. In part two, I primarily focus on some of my law students’ scholarship over the past five years and reflect on the life changing influence they have had on me. Their work and dedication have …
Sex Crimes Litigation As Hazardous Duty: Practical Tools For Trauma-Exposed Prosecutors, Defense Counsel, And Paralegals, Evan R. Seamone
Sex Crimes Litigation As Hazardous Duty: Practical Tools For Trauma-Exposed Prosecutors, Defense Counsel, And Paralegals, Evan R. Seamone
Journal Articles
Military prosecutors and defense attorneys must both interact with traumatic case material stemming from victims, offenders, or evidence tied to a sexual offense. The context of the attorney's specific duties makes them susceptible to different types of indirect or "Secondary Traumatic Stress" [STS] stemming from the litigation. At base, STS generically describes the manner in which a person can be traumatized simply from hearing or being exposed to someone else's trauma or implementations that caused it.
Book Review, Justin R. Huckaby
Book Review, Justin R. Huckaby
Journal Articles
In The Tragedy of Religious Freedom, Marc 0. DeGirolami explains the delicate nuances of the legal theory of religious liberty and the risks that arise from its application in the sensitive area of the First Amendment's religion clauses. There are several different theoretical approaches to cases involving the religion clauses. DeGirolami endorses the approach he describes as the method of tragedy and history. This method approaches the pluralistic nature of religion with the understanding that there are many different values at play in cases involving religion and that sacrifices will be made in all cases. Courts should also consider the …
Greed, Envy, And The Criminalization Of Insider Trading, John P. Anderson
Greed, Envy, And The Criminalization Of Insider Trading, John P. Anderson
Journal Articles
In October 2011, a U.S. district court sentenced Raj Rajaratnam to eleven years in federal prison for insider trading. This is the longest sentence for insider trading in U.S. history, but it is significantly less than the nineteen to twenty-four-year term requested by the government. Such harsh prison terms (equal in some cases to those meted out for murder or rape) require sound justification in a liberal society. Yet jurists, politicians, and scholars have failed to offer a clear articulation of either the economic harm or the moral wrong committed by the insider trader. This Article looks to fill this …
Alternate Dispute Financing And Legal Ethics: Free The Lawyers, Michael I. Krauss
Alternate Dispute Financing And Legal Ethics: Free The Lawyers, Michael I. Krauss
Mississippi College Law Review
No abstract provided.
Table Of Contents-Issue 3, Mc Law
The Evolution Of The Right To Exclude - More Than A Property Right, A Privacy Right, Jace C. Gatewood
The Evolution Of The Right To Exclude - More Than A Property Right, A Privacy Right, Jace C. Gatewood
Mississippi College Law Review
No abstract provided.
Responsibility To Protect: An Anti-Fragile Perspective, Halil Rahman Basaran
Responsibility To Protect: An Anti-Fragile Perspective, Halil Rahman Basaran
Mississippi College Law Review
No abstract provided.
The Art Of The Possible: Mississippi Law Review Symposium Key Note Address, Ellyn S. Rosen
The Art Of The Possible: Mississippi Law Review Symposium Key Note Address, Ellyn S. Rosen
Mississippi College Law Review
No abstract provided.
Variations On Nonlawyer Ownership Of Law Firms: The Full Monty, Accommodation Or The (Aba) Stonewall, Charles S. Doskow
Variations On Nonlawyer Ownership Of Law Firms: The Full Monty, Accommodation Or The (Aba) Stonewall, Charles S. Doskow
Mississippi College Law Review
No abstract provided.
One, No One And One Hundred Thousand; Which Ethical Rule To Apply; Conflict Of Ethical Rules In International Arbitration, Nathan M. Crystal, Francesca Giannoni-Crystal
One, No One And One Hundred Thousand; Which Ethical Rule To Apply; Conflict Of Ethical Rules In International Arbitration, Nathan M. Crystal, Francesca Giannoni-Crystal
Mississippi College Law Review
No abstract provided.
The Attorney-Client Relationship In The Age Of Technology, Grace M. Giesel
The Attorney-Client Relationship In The Age Of Technology, Grace M. Giesel
Mississippi College Law Review
No abstract provided.
Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark
Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark
Mississippi College Law Review
No abstract provided.
A Beautiful Life: Some Lessons For Legal Scholars, F. E. Guerra-Pujol
A Beautiful Life: Some Lessons For Legal Scholars, F. E. Guerra-Pujol
Mississippi College Law Review
Book Review