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Mississippi Legal Research guides readers through finding and using the various sources of Mississippi law. The first of its kind, it is designed to introduce law students to the process of legal research, but anyone who needs to research current and historical legal issues--practitioners, paralegals, librarians, college students, and other lay people--will find it useful. Sample pages and screen shots, interspersed throughout the text, help clarify complex ideas. Mississippi Legal Research succinctly explains the ways in which constitutions, statutes, legislative history, judicial opinions, administrative regulations, and municipal charters and ordinances are published, accessed, and verified, in print and digital formats. Additional chapters describe the research process, legal analysis, secondary sources of law, such as encyclopedias and treatises, and practitioner materials. The sources of federal law, other states' law, and the Mississippi Band of Choctaw Indians are also highlighted. Print and online research strategies and techniques are integrated throughout the book. Important subscription services, including Westlaw, Lexis, and Bloomberg Law, are thoroughly covered, but the many excellent free Web-based tools now available to legal researchers also receive special mention. This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.
Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
From 2003 to 2009 sensational judicial bribery scandals rocked Mississippi's legal system. Famed trial lawyers Paul Minor and Richard (Dickie) Scruggs and renowned judge and former prosecutor Bobby DeLaughter proved to be the nexus of these scandals. Seven attorneys and a former state auditor were alleged to have attempted to bribe or to have actually bribed five state judges to rule in favor of Minor and Scruggs in several lawsuits. This is the story of how federal authorities, following up on information provided by a bank examiner and a judge who could not be bribed, toppled Minor, Scruggs, and their enablers in what was exposed as the most significant legal scandal of twenty-first-century Mississippi. James R. Crockett details the convoluted schemes that eventually put three of the judges, six of the attorneys, and the former auditor in federal prison. All of the men involved were successful professionals and three of them, Minor, Scruggs, and fellow attorney Joey Langston, were exceptionally wealthy. The stories involve power, greed, but most of all hubris. The culprits rationalized abominable choices and illicit actions to influence judicial decisions. The crimes came to light in those six years, but some crimes were committed before that. These men put themselves above the law and produced the perfect storm of bribery that ended in disgrace. The tales Crockett relates about these scandals and the actions of Paul Minor and Richard Scruggs are almost unbelievable. Individuals willingly became their minions in power plays designed to distort the very rule of law that most of them had sworn to uphold.
Recipient of the 2018 Special Achievement Award from the Mississippi Institute of Arts and Letters and Recipient of a 2018 Heritage Award for Education from the Mississippi Heritage Trust The perfect book for every Mississippian who cares about the state, this is a mammoth collaboration in which thirty subject editors suggested topics, over seven hundred scholars wrote entries, and countless individuals made suggestions. The volume will appeal to anyone who wants to know more about Mississippi and the people who call it home. The book will be especially helpful to students, teachers, and scholars researching, writing about, or otherwise discovering the state, past and present. The volume contains entries on every county, every governor, and numerous musicians, writers, artists, and activists. Each entry provides an authoritative but accessible introduction to the topic discussed. The Mississippi Encyclopedia also features long essays on agriculture, archaeology, the civil rights movement, the Civil War, drama, education, the environment, ethnicity, fiction, folklife, foodways, geography, industry and industrial workers, law, medicine, music, myths and representations, Native Americans, nonfiction, poetry, politics and government, the press, religion, social and economic history, sports, and visual art. It includes solid, clear information in a single volume, offering with clarity and scholarship a breadth of topics unavailable anywhere else. This book also includes many surprises readers can only find by browsing.