How Plessy’s Separate-But-Equal Doctrine Would Have Served as a Better Decision Under Brown

In 1954, the Supreme Court overruled Plessy v. Ferguson’s separate-but-equal doctrine in K-12 education through Brown v. Board of Education.[1] Brown was beneficial in many ways. For schools that did integrate, it gave those black children the educational resources that were not available in their previous segregated schools. Some scholars even believe that Brown was … Continued

Mississippi’s Duty to Read and the Questionable Immunity it Provides

A. The Recognized Claim Mississippi has long recognized that an insurance agent or broker may be found liable for any damages that result from the agent or broker’s failure to procure the insurance requested by his client.[1] Insurance agents have a duty to exercise reasonable diligence in obtaining a policy “conforming to the requests of … Continued

Borrower Liability During PPP Loan Process

The Paycheck Protection Program was quickly put into place to address the needs of the small business community during the COVID-19 pandemic; now businesses may fear liability for unintentional inaccuracies in loan and loan forgiveness applications. The Department of Justice (“DOJ”) generally indicated only an interest in intentional misconduct, and this is reflected in the … Continued

Stolen Treasure: A Tale of Modern Piracy

While the word “pirate” generally evokes the image of a one-legged, eighteenth century bandit searching for ships to raid, the truth is that modern day internet piracy is an infinitely more commonplace crime than those that had previously occurred on the high seas. In 2010, $59 billion dollars’ worth of software was stolen worldwide, with … Continued

The NCAA: Preserving Amateurism or Preserving Profits?

The National Collegiate Athletic Association (“NCAA”) is a non-profit organization that regulates college sports.[1] The NCAA accomplishes this generally by “​adopt[ing] and promulgat[ing] playing rules, standards of amateurism, standards for academic eligibility, regulations concerning recruitment of athletes, and rules governing the size of athletic squads and coaching staffs.”[2] ​It divides its participating schools into three … Continued

The Game of Reviewing Qualified Immunity: If not now, then when? If not you, then who?

The call to review qualified immunity has ignited to a new degree in the United States. Protests are surging across the nation with posters saying, “End Qualified Immunity = Justice For All.”  This powerful issue has captured the attention of District Judge Carlton W. Reeves of the Southern District of Mississippi. Judge Reeves entered a … Continued

One Small Step Against Big Tech, One Giant Leap for Privacy: The Need for a Mississippi Consumer Data Privacy Law

We have all experienced it. A quick Google search for a new windbreaker and suddenly your Facebook feed is nothing but North Face and Patagonia. One minute you are browsing for hand sanitizer on Amazon, and the next thing you know every other Instagram ad is for Germ-X. As consumers, these moments may be a … Continued

Want To Pass The Bar Exam? Release The Attorney Inside!

Many bar exam takers leave points on the table because they approach the essays like a student rather than an attorney. Perhaps it is because they have heard bar exam essays are not an accurate representation of how attorneys write in the real world. It is true – attorneys do not always have the luxury … Continued

What Are PEADs and Why They Aren’t Scary

A wise person once said: “A Failure to Plan is Planning to Fail.” Presidential Emergency Action Documents, or PEADs, are secret, pre-planned presidential documents that respond to national emergencies. While few people know anything about these documents, they are not as scary as they sound. It is just good planning. Emergency powers are not in … Continued

Dear Readers:

As part of our efforts to provide timely coverage of legal issues and better serve the needs of practitioners, the Mississippi Law Journal is pleased to announce the addition of a new law-focused blog to our website. The goal of the MLJ Blog is to provide a forum for law students, practitioners, alumni, and faculty to … Continued