Mississippi College School of Law
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College Courts: Administrative Abuse of Title IX and its Consequences
Full text linkThis article examines the contentious application of Title IX in addressing campus sexual assault, tracing its evolution through recent presidential administrations. Initially designed to combat sex-based discrimination in education, Title IX has been expansively interpreted to regulate university adjudication of sexual violence cases. Policies introduced during the Obama administration mandated quasi-judicial procedures, sparking debates over fairness and due process, while Trump-era reforms shifted focus toward protecting the rights of accused students, prompting criticism from victims\u27 advocates. The article argues that these approaches have overstepped Title IX\u27s intended purpose, burdening universities and creating systemic challenges for survivors and the accused alike. It proposes recalibrating Title IX\u27s role to better address campus sexual assault without undermining its foundational mission or fairness in adjudication processes
Emerging School Finance Litigation in Mississippi
Full text linkThis year marks the twentieth anniversary of the implementation of Mississippi\u27s education funding statute, the Mississippi Adequate Education Program (MAEP), which requires the state to fully fund public elementary and secondary education. In those two decades, Mississippi has largely avoided the education finance lawsuits faced by other states, despite the state legislature having only fully funded MAEP twice since its enactment. Although courts have been reluctant to push state legislatures to increase funding to achieve greater equity and adequacy of public school education, some plaintiffs have been successful in reforming education finance laws in other states. Recently, and for the first time, Mississippi\u27s school finance funding structure faces significant challenges from litigants who are pressing for full funding of the state’s finance formula and for the state to restore public education as a constitutionally-protected right. Plaintiffs are now challenging the equality and the adequacy of the education that Mississippi provides to its schoolchildren. But a barrier to education finance litigation in Mississippi is an absence of any state constitutional duty to provide an education of any particular uniformity or quality and the lack of federal constitutional basis for a right to an education, much less on meeting any particular standard of adequacy. This article explores the constitutional and statutory structure of Mississippi\u27s school finance law and the recent challenges to them
The Mississippi Charter School Act: Will It Produce Effective and Equitable Charter Schools?
Full text linkThe Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of effective and equitable charter schools
Specialty Courts: Time For a Thorough Assessment
Full text linkBroadly, the purpose of specialty courts is to address the needs of the individuals in the criminal justice system to reduce recidivism. Most specialty courts adopt the philosophy that the criminal justice system can do more than just impose sanctions; it can address underlying social and health problems that contribute to criminal behavior. The purpose of this article is to discuss the general advantages and disadvantages of specialty courts and to highlight the importance of using research evaluations to determine if the benefits of specialty courts outweigh the costs. This will help determine if courts have achieved their goal of benefiting defendants, courts, and society