Mississippi College School of Law
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The Twenty-First Century Death Penalty and Paths Forward
Full text linkToday, states are moving closer to another moment of critical decision-making in charting the course of the death penalty in the United States. Unlike the sudden and dramatic immediacy of Furman, however, this moment is arriving through a slower and quieter progression, or perhaps more accurately a deceleration. While not abolished, in many states application of the death penalty is grinding or has ground to a halt. If the status quo holds, the vast majority of defendants who are sentenced to death by the states will instead live out their natural lives in prison for decades dying of old age in prison while still waiting on death row with a variety of challenges still pending in the courts
I\u27m Sorry, Mississippi : An Argument for Enactment of a Physician Apology Statute by the Mississippi Legislature
Full text linkImagine this: you are a dedicated orthopedic surgeon who loves her work. You perform a total knee replacement, albeit on a high-risk patient. The patient does not heal properly and complains of an unsteady gait. Upon further analysis, you begin to become concerned that his inability to heal may be due to an improperly placed implant. A corrective surgery will be required. You are distraught by the unanticipated outcome and wish to express your deepest apologies to the patient and his family. Not so fast! Be aware that your moral compass could be leading you into expressing an apology that may be used against you as an admittance of fault in Mississippi.
This article will examine the effect of the lack of a physician apology statute in Mississippi, look at a brief history of apology laws nationwide, compare Mississippi\u27s silence to the protections that other states have afforded medical professionals\u27 apologies, and ultimately advocate that a law protecting physician apologies should be enacted by the Mississippi legislature for the benefit of medical professionals, patients, and the public in general
The Need For a New Political Playbook Which Mitigates the Public Harm Caused by Tax Incentives
Full text linkThis article is politically pragmatic and written with a clear acknowledgement that tax incentives will continue to be utilized by policymakers, despite data continuing to reflect that the actual influence tax incentives have in determining where a company or industry locates is often exceeded by their cost. Government investment in public services such as education and infrastructure are often scaled back to accommodate the cost of the incentives. However, public officials have strong incentives of their own which encourage them to rely on these costly measures. These incentives include the resulting political points they score from being able to take credit for creating jobs. Since there is a lack of political will to stop offering tax incentives, this article first reviews how tax incentives are used and how to evaluate their impact. Next, a review of recent incentive packages around the country and in Alabama and Mississippi provides a framework for incentive use. An examination of the negative consequences of tax incentives demonstrates how communities often receive far less than the promised benefits from offering the packages. The article then provides an explanation for why public officials continue to rely on tax incentives. Finally, the article presents solutions designed to increase transparency and accountability, which will mitigate the most harmful consequences of tax incentives
A Fundamental Failing: The Mississippi Judiciary\u27s Abrogation of Its Constitutional Duty
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Labor Pains: The Inadequacies of Current Federal Pregnancy Laws and the Alternative Routes to Accommodation
Full text linkAlthough many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working. In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at a nursing home in Indiana was terminated because she required light-duty accommodations, in order to avoid having a miscarriage.
Recently, legal commentators have advanced three approaches in an attempt to secure affirmative rights to workplace accommodations for pregnant women. The first argument highlights that the Pregnancy Discrimination Act of 1978 (PDA), an amendment to Title VII of the Civil Rights Act of 1964, should provide pregnant workers to any accommodations offered to other employees who are similar in their ability to work. The second argument propounded is that pregnancy should be included in the scope of the Americans with Disabilities Act of 1990 (ADA) and that pregnancy should be accommodated as a disability. The third argument is that pregnant workers need a separate statute that entitles them to workplace accommodations