MC Law Strong Case Vol. 2

THE CASE FOR MC LAW JUST GOT STRONGER. When it comes to preparing students for practice, producing scholarship, developing innovative programs, and serving the community, no law school makes a stronger case than MC Law.

WELCOME TO MC LAW FROM DEAN WENDY B. SCOTT

WELCOME TO MC LAW, A DIVERSE COMMUNITY OF FACULTY AND STAFF PROVIDING A HIGH QUALITY LEGAL EDUCATION TO A DIVERSE STUDENT BODY.

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begin my tenure as dean at a time when legal education remains under the microscope. The current changes taking place, prompted by this close scrutiny, require thoughtful examination by every law school of each aspect of its program of legal education. MC Law conducts this examination with the premise that law school is an academic enterprise for the expansion of systematic and critical thinking through a variety of pedagogies, including classroom, clinical, externships, and other experiential learning opportunities. Based on this premise, MC Law has developed nationally recognized innovations.

We have modernized our facilities, upgraded technology, grown the faculty, created centers to advance knowledge in specific areas of law, established a two-year J.D. program and foreign study abroad programs, launched an LL.M in American Legal Studies, and expanded experiential learning opportunities. The Summer Abroad Program at MC Law offers summer school opportunities for students in France, Germany, Mexico, Cuba, and South Korea.

These innovations have allowed MC Law to withstand the downturn in the applicant pool and employment, and remain true to our mission to provide a superior education in the context of a Christian university, create a diverse community of scholars and students, and train our students to become skilled, ethical lawyers capable of adapting their practice in a changing world.

I know you will enjoy getting to know us at MC Law by reading about our new faculty, recent scholarship, “Centers for Success,” the award winning Adoption Legal Clinic and other nationally recognized projects, the Mission First Legal Aid Office, our foreign study abroad programs, the establishment of an endowed lecture series, and other important milestones.

All in all, MC Law has won the “Motion to Succeed.”

Looking forward,

dean wendy b. scott

RECENT SUCCESSES FAMILY AND CHILDREN’S LAW CENTER

The Family and Children’s Law Center received the Pro Bono Award in September 2014 from the Mississippi Volunteer Lawyers Project. The award recognized the countless hours of work completed by the Center in providing free legal services to families seeking to adopt children and youth in the juvenile justice system.

MC LAW “SMALL LAW” SEMINAR

In 2014, the American Bar Association Solo, Small Firm and General Practice Division presented the MC Law Small Law Seminar with its Solo and Small Firm Trainer Award. The award recognizes attorneys who have made significant contributions to educating lawyers or law students regarding the opportunities and challenges of solo and small firm practice. The Small Law Seminar introduces students to small law firm management and solo practice.

MC LAW LIBRARY

The MC Law Library launched three new projects that provide valuable, up-to-date information to members of the legal community at no charge.

THE MISSISSIPPI LEGISLATIVE HISTORY PROJECT

MC Law’s Legislative History Project creates a user-friendly video library of all topics discussed on the floor of the Mississippi House and Senate, including debates and discussions on every bill presented, whether or not the bill is passed into law.

MISSISSIPPI JUDICIAL DATA PROJECT

The Judicial Data Project is a comprehensive, online overview of case law in Mississippi that includes statistical information, videotapes of oral arguments and a history of online briefs.

MISSISSIPPI LEGAL RESOURCES PROJECT

The Mississippi Legal Resources Project puts up-to-date legal information at the fingertips of attorneys and legal professionals through a mobile app for iPhones and iPads. The app links to federal, state, and MC Law resources, providing information in an instant from any location with mobile service.

The MC Law Library has captured a number of awards for these three projects, including the American Association of Law Libraries Innovations in Technology Award (2012, 2014), the Public Access to Government Information Award (2014), and the Mississippi Historical Society Award of Merit (2014).

“MC Law has a talented faculty, exceptional students, a hard working staff, dedicated alumni, and a supportive university administration. I am honored to have the opportunity to work with all of the constituents of the law school to continue providing an excellent educational experience to our students and service to the people of Mississippi.” — Dean Wendy B. Scott

MARY LIBBY PAYNE ENDOWED LECTURESHIP SERIES

The Mary Libby Payne Endowed Lectureship Series on Christianity in the Law was established in 2012 as MC Law’s first endowed lectureship series. Mary Libby Payne not only served as the first dean of Mississippi College School of Law, but also was elected as one of the first members of the Mississippi Court of Appeals. The 2014 Annual Mary Libby Payne Endowed Lectureship Series featured Professor Randy Beck, the Justice Thomas O. Marshall Chair of Constitutional Law at the University of Georgia.

MASTER OF LAWS (LL.M. PROGRAM) FOR FOREIGN LAW GRADUATES

The Mississippi College Master of Laws (LL.M.) program is designed specifically for individuals who hold law degrees from educational institutions in countries other than the United States.

The program equips attorneys trained overseas for the challenges of global practice. Successful completion of the LL.M. program will allow students to sit for the bar in some states.

CENTERS FOR SUCCESS MC Law’s six law centers offer students the opportunity for indepth study and practice in several areas of law. Each law center offers a stimulating mix of course offerings, writing and research opportunities, outside speakers, moot court competitions, and externships for practical experience.

The BIOETHICS AND HEALTH LAW CENTER connects MC Law students and faculty with members of the medical, legal, and policy-making communities to address healthcare issues covering the spectrum from the beginning to the end of life. The center matches law students with health law related externships and creates networking opportunities with legal and medical professionals.

Director: Professor Jonathan Will The BUSINESS AND TAX LAW CENTER connects law students with practicing attorneys and business leaders, brings in cutting edge speakers from the business world, and conducts symposia that examine issues ranging from corporate ethics to the future of specific business sectors. Through course work, externships, and moot court competitions, law students explore transactional work from a practical and policy perspective.

Director: Professor Larry J. Lee The FAMILY AND CHILDREN’S LAW CENTER is both a valuable resource for law students and an advocate for children in Mississippi. The center equips law students with the skills required to support children in need of an advocate through the court system. Under faculty supervision, second- and third-year law students have the opportunity to work on adoptions and other child-related cases. A part of the Family and Children’s Law Center, the ADOPTION LEGAL CLINIC provides free legal assistance to families who wish to adopt, and matches those families with law students and volunteer attorneys who can help make the dream of a family come true.

Director: Professor Shirley Kennedy The INTERNATIONAL AND COMPARATIVE LAW CENTER supports teaching and research in a wide range of international law areas.

The center offers summer study abroad opportunities, as well as

assistance coordinating individual study abroad programs. Courses, speakers, student organizations, and programs are geared toward students who seek a global perspective that may lend itself to work in the global business sector or in government service.

Co-Directors: Professors John Haskell and Christoph Henkel The LITIGATION AND DISPUTE RESOLUTION CENTER prepares students for work in trial or appellate litigation and in resolving disputes through mediation and arbitration, and also houses MC Law’s nationally recognized Moot Court program. The center includes both a criminal and a civil focus. In addition to MC Law professors, the center brings in judges and skilled practitioners who instruct students in the art and science of litigation. Annually, MC Law students participate in approximately 25 regional and national competitions held in cities throughout the United States.

Director: Professor Patricia Bennett Assistant Director: Professor Vicki Lowery The PUBLIC SERVICE LAW CENTER coordinates the MC Law externship program, which matches law students with government entities and non-profit organizations and introduces students not only to a number of practice areas, but also to the rewards of public service. The Public Service Law Center administers the MC Law Loan Repayment Assistance Program, which provides financial assistance to MC Law graduates who pursue fulltime careers in public interest law. The center also coordinates law student public service opportunities outside the legal arena, including regular Habitat for Humanity builds. Based on the belief that “success” is measured in more than dollars and cents, the Public Service Law Center helps prepare future attorneys to make a positive difference.

Director: Professor Meta Copeland • Co-Director: Dean John Brown

MISSION FIRST LEGAL AID OFFICE

The Mission First Legal Aid Office provides legal services and spiritual counsel to underserved residents of Jackson, Mississippi. Established in 2006, the Legal Aid Office is a partnership between MC Law and Mission First, a multi-faceted neighborhood outreach ministry. Mission First Legal Aid’s clients are people who are struggling to make ends meet and would not otherwise have access to legal representation. With a fulltime staff of only three, Mission First Legal Aid serves more than 1,200 clients every year, relying on more than 200 volunteer lawyers and law school students to see that justice really is for all. — Director: Patricia Gandy • Staff Attorney: Carlyn Hicks

MEET NEW FACULTY MEMBER RANDALL K. JOHNSON Randall K. Johnson joins the MC Law faculty

as an assistant professor of law teaching torts and local government law. Professor Johnson was formerly with the Chicago Lawyers Committee for Civil Rights Under Law. He is a graduate of the University of Michigan (B.A.), the London School of Economics (M.S.), the New York University (M.U.P.), and the University of Chicago Law School (J.D.). Professor Johnson’s many honors include receipt of the Earl Warren Legal Training Scholarship presented by the NAACP Legal Defense Fund; the Dean’s Scholarship and Urban Planning Scholarship from the New York University; and the Congressional Black Caucus Foundation Fellowship. He is an associate of the America Inns of Court, Charles Clark Chapter.

RECENT FACULTY SCHOLARSHIP Following is a selected listing of papers, articles, and books published by MC Law faculty members.

JOHN ANDERSON

What’s the Harm in Issuer-Licensed Insider Trading, 69 U. Miami. L. Rev. (forthcoming 2015) Anticipating a Sea Change for Insider Trading Law: From Trading Plan Crisis to Rational Reform, 2015 Utah L. Rev. (2015 forthcoming) Trading Truth for Legitimacy in the Liberal State: Defending John Rawls’s Pragmatism, 65 Studies in Law, Politics, and Society 1 (2014) Greed, Envy, and the Criminalization of Insider Trading, 2014 Utah L. Rev. 1 (2014) ALINA NG BOYTE

The Conceits of Our Legal Imagination: Legal Fictions and the Concept of Deemed Authorship, forthcoming 17 NYU Journal of Legis. & Pub. Pol’y (2014) Finding Copyright’s Core Content, 10 U. St. Thomas L. J. 744 (2013) Copyright and Moral Norms, 14 Loy. J. Pub. Int. L. 57 (2012) Literary Property and Copyright, 10 Nw. J. Tech. & Intell. Prop. 531 (2012) DONALD CAMPBELL

Forty (Plus) Years After the Revolution: Observations on the Implied Warranty of Habitability, 35 U. Ark. Little Rock L. Rev. (2014)(symposium) (forthcoming) Legal Ethics in a Time of Change: An Assessment of the American Bar Association’s Ethics 20/20 Commission, 32 Miss. C.L. Rev. 231 (2013) (Introduction to Symposium volume) Partisanship, Politics, and the Voting Rights Act: The Curious Case of U.S. v. Ike Brown, 29 Harv.

J. of Race and Ethnic Just. 33 (2013)

The Sky is Falling (Again): Evaluating the Current Funding Crisis in the Judiciary, 47 New England L. Rev. 571 (2013) (symposium)

New Approaches to International Law: The European and the American Experiences (Assistant Editor) (TMC Asser Press, 2012)

To Advice and Consent Delay: The Role of Interest Groups in the Confirmation of Judges to the Federal Courts of Appeal, 8 Nw. J. L. & Soc. Pol’y 1 (2012)

Divine Immanence: The Evangelical Foundations of Modern Anglo-American Approaches to International Law, 11:3 Chinese Journal of International Law 426 (2012) (peer reviewed)

JOHN HASKELL

The Strategies of Rupture in International Law: The Retrenchment of Conservative Politics and the Emancipatory Potential of the Impossible, 13 German Law Journal 468 (2012) (peer reviewed)

Will the Real Transitology Please Stand Up, to be published in Baltic Yearbook of International Law, Vol. 15 (2015) The Turn to History in International Law, to be published in International Law as a Profession (eds., Jean D’Aspremont & Andre Nollkaemper) (forthcoming, Spring 2015) (peer reviewed) Heterodox Approaches to Consumption Oriented Models of Legislation, Unbound: Harvard Law Journal of the Legal Left (forthcoming, Vol. 9, 2015) (written with Luigi Russi) Going Nowhere: The Rhetoric of Warfare and Humanitarian Intervention in Global Law and Policy Debates, to be published in Harvard International Law Journal Online (Fall 2014) The Traditions of Modernity within International Law and Governance: Christianity, Liberalism, and Marxism, to be published in Human Rights and Globalization Law Review (Fall 2014) TRAIL-ing TWAIL: Arguments and Blind Spots in Third World Approaches to International Law, Canadian Journal of Law and Jurisprudence Vol. XXVII, No. 2, 385 (2014) The Scandal of Disenchantment: Blind Spots in Contemporary Anglo-American Approaches to International Law, 44 Memphis Law Review 36 (2013)

CHRISTOPH HENKEL

Joanna Glowacki and Christoph Henkel, Hydraulic Fracturing in the European Union: Leveraging the U.S. Experience in Shale Gas Exploration and Production, 24 ind. int’l & Comp. L. Rev. 133 (2014) Christoph Henkel, Personal Guarantees and Sureties between Commercial Law and Consumers in the United States, 62 Am. J. Comp. L. 333 (2014) JUSTIN HUCKABY

Book Review, 106 Law Libr. J. 244 (2014) (reviewing Marc O. DeGirolami, The Tragedy of Religious Freedom (2013)) AALL LISP Public Libraries Toolkit: Mississippi, AALLNet.org, http://www.aallnet.org/sections/ lisp/Mississippi2014.pdf (last visited Jun. 10, 2014) JEFFREY JACKSON

Mississippi Civil Procedure (19th ed. 2014) Mississippi Insurance Law & Practice (11th ed.

2014) Jeffrey Jackson & Mary Miller, Encyclopedia of Mississippi Law (2001 & Supp. 2014)

Reflections on Justice Thurgood Marshall and Shelby County v. Holder, 7 Touro Journal of Race, Gender & Ethnicity (forthcoming 2014)

RANDALL K. JOHNSON

Why We Need A Comprehensive Recording Fraud Registry, The New York University Journal of Legislation and Public Policy, 2014 N.Y.U. J. Legis. & Pub. Pol’y Quorum, (forthcoming)

McKissick v. Carmichael Revisited: Legal Education in North Carolina through the Lens of Desegregation Jurisprudence, 34 N.C. Cent. L. Rev. 38 (2011)

Where Schools Close In Chicago, The Albany Government Law Review, 7 Alb. Gov’t L. Rev. 508 (2014)

Milliken v. Bradley, in Encyclopedia of Diversity in Education (James A. Banks ed., 2012)

How Tax Increment Financing Districts Correlate With Taxable Properties, The Northern Illinois University Law Review, 34 N. Ill. U. L. Rev. 39 (2013)

MATTHEW STEFFEY

Why Police Learn From Third-Party Data, The Wake Forest Law Review, 3 Wake Forest L. Rev. Online 1 (2013)

Mississippi Criminal Procedure: Proposed Rules and Comments, 31 Miss. Coll. L. Rev. 1 (special issue) (2013) (book length treatment of criminal procedure reform)

Do Police Learn From Lawsuit Data? The Rutgers Law Record, 40 Rutgers L. Rec. 30 (2012-2013)

MARK MODAK-TRURAN

Mark C. Modak-Truran, Legitimation, in The Encyclopedia of Political Thought (Michael T. Gibbons et al., eds., 2014)

ANGELA MAE KUPENDA

Relics from the Past Still Coloring a High Price for Leisure for Blacks in the Deep South, The Monograph Series, International Research Forum, National Association For Hispanic And Latino Studies (forthcoming 2014) Challenging Presumed (Im)Morality: A Personal Narrative (essay), 29 Berkley J. Of Gender & Just. 295 (2013-14) Using Feathery Birds to Disguise Hateful Speech: Avatar; Hillary – The Movie; Citizens United; and How Birds of the Same Feather Flock Together, 49 Gonz. L. Rev.1 (2013-14) (Lead Article) Technological Cultural Disconnects, Impacts on Equality: USA Legal Discourse, Proceedings Of The Fifth International Conference On Appropriate Technology, Section On Policy And Standards 261-67 (2012) Facing Down the Spooks (essay), chapter 1, Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Gabriella Gutierrez Y Muhs, Yolanda Flores Niemann, Carmen G. Gonzalez, And Angela P. Harris, Eds. (Utah State University Press 2012)

JONATHAN WILL

Religion, Clinical Misconceptions, and Access to Contraception, 14 Am. J. of Bioethics 40 (2014) (peer reviewed)

The Odd Couple: Comparing U.S. Military Law & Catholic Theology, in Through a Clearer Lens: American Law from a Catholic Perspective, (Ronald J. Rychlak, ed., 2014) STEPHEN PARKS

Mississippi Legal Research – Primary Sources, The Center for Computer-Assisted Legal Instruction (2014), www.cali.org/lesson/10721 Fulfilling the Need for Legislative History: The Legislative History Project, 59:3 The Mississippi Lawyer 30, 30-33 (2013) Judicial Data for Mississippi’s Appellate Cases: One Mississippi Library’s Experience in Opening up the State Judiciary to Greater Access by the Library Patron, 59:3 The Southeastern Librarian 10, 10-22 (2011)

Beyond Abortion: Why the Personhood Movement Implicates Reproductive Choice, 39 Am. J. L & Med. 573 (2013) [Boston University School of Law, peer reviewed] Conscience Legislation, the Personhood Movement, and Access to Emergency Contraception, 4 Faulkner L. Rev. 411 (2013) (symposium issue) When Potential Does Not Matter: What Developments in Cellular Biology Tell Us about the Concept of Legal Personhood, (with Eli Adashi, MD (Brown Medical School) and I. Glenn Cohen (Harvard Law School)), 13 Am. J. of Bioethics 38 (2013) (peer reviewed) The Possible Ramifications of Pre-Embryonic Personhood, Jurist (Nov. 7, 2011); http://jurist.org/ forum/2011/11/jonathan-will-personhoodamendment.php

Motherhood and the Constitution: (Re) Thinking the Power of Women to Facilitate Change, 15 U. Richmond J. Of L. & Pub. Pol’y 501 (2012)

The Birthers’ Attacks and the Federal Judiciary’s Article III Defense of the Obama Presidency, 38 S.U. L. Rev. 179, 179-232 (2011)

Measure 26: Fear Mongering, Self-Execution & Potential Implications for Birth Control, 81 Miss.

L. J. Supra 63 (2011)

(Re) Complexioning a Simple Tale: Race, Speech and Colored Leadership, 48 Cal. Western L. Rev. 399 (2012)

LOREN PRATT

A Brief Historical and Theoretical Perspective on Patient Autonomy & Medical Decision Making, Part I: The Beneficence Model, Chest. 2011; 139(3): 669 (peer reviewed)

RICHARD MEYER

The Privilege of Belligerency and Formal Declarations of War, in Targeted Killings: Law & Morality in an Asymmetrical World, (Claire Finkelstein at all., eds., 2012)

Practice-Ready Skills: Legal Updates, Status Updates, and Professional Updates, Vol. 27, No. 2 Second Draft 15 (Fall 2013/Winter 2014) WENDY B. SCOTT, DEAN

The Influence of Justice Thurgood Marshall on Title VII Jurisprudence, 89 St. John’s L. Rev. (forthcoming 2014)

A Brief Historical and Theoretical Perspective on Patient Autonomy & Medical Decision Making, Part II: The Autonomy Model, Chest. 2011; 139(6): 1491 (peer reviewed)

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