Mississippi College

Law Review

Symposium Edition Volume 38 Issue 2 of the Mississippi College Law Review Now Available

Written By: James “Bud” Sheppard

A Symposium Edition, Volume 38 Issue 2 of the Mississippi College Law Review, was dedicated to the 2019 Symposium Let’s Settle This: Tips and Techniques for Alternative Dispute Resolution in Mississippi.  The Issue presents three student publications and a special feature from a Professor in Brazil.

Enforcing Insider Trading Law: The Brazilian Experience by Professor Viviane Muller Prado

Viviane Muller Prado, Professor of Law at the School of Fundação Getulio Vargas in São Paulo (Direito SP), authored: “Enforcing Insider Trading Law: The Brazilian Experience.” Professor Prado holds a doctor’s degree in Commercial Law from the Universidade de São Paulo (2004), and a bachelor’s degree from the Universidade Federal do Paraná (1995).  She has experience in business law and has worked in corporation law, stock market law, and related areas.

Professor Prado’s article contributes to comparative studies of the effectiveness of insider trading law that seeks to fill that gap through a detailed study about the enforcement of insider trading laws in Brazil.  The Brazilian legal system has widely enforced rules that forbid the use of nonpublic information and provides sanctions through the administrative and criminal punishment systems, in addition to creating civil liabilities.  38 Miss. C. L. Rev. 93, 124 (2020). Professor Prado’s article highlights that empirical studies suggest that the consequences of effectively banning insider trading are lower capital costs, higher liquidity, and investor protection. 38 Miss. C. L. Rev. at 93.

Death with Dignity: An Option Denied to Children of the United States by Katherine Gargiulo

“There is a certain right by which we may deprive a man of life, but none by which we may deprive him of death; this is mere cruelty.”  Friedrich Nietzsche (1876). May 2020 MC Law graduate Katherine Gargiulo detailed a minor’s options to request medically assisted suicide in her comment titled “Death with Dignity: An Option Denied to Children of the United States.”  Assistant Dean of Research and Faculty Development Jonathon Will, who is also an MC professor specializing in Health Law and Bioethics courses, advised Ms. Gargiulo in preparing her article.  Ms. Gargiulo’s article argues that the age requirement to receive physician-assisted suicide should be reduced or eliminated.

Expanding Expropriation: The Subordination of Property Rights to Eminent Domain in St. Bernard Port, Harbor & Terminal District. v. Violet Dock Port, Inc., LLC by Stephen Marsalis

Louisiana native and May 2020 MC Law graduate, Stephen Marsalis addressed a critical Louisiana Supreme Court case in his article “Expanding Expropriation: The Subordination of Property Rights to Eminent Domain in St. Bernard Port, Harbor & Terminal District. v. Violet Dock Port, Inc., LLC.” Mr. Marsalis worked with law professor Mark Modak-Truran to perfect his article, which highlights the diverse views on the acceptable interpretation of public purpose in eminent domain law and the potential solutions for the issues raised by the majority holding. Mr. Marsalis argues that the majority weighed inappropriate factors such as economic development and area employment and granted too much deference to the determinations of local courts and local government authorities by application of the manifest error standard of review.  38 Miss. C. L. Rev. at 171.

RLUIPA’s Equal Terms Clause and The Circuit Split: Striking a Balance Between Economic Concerns and Protecting Religious Liberty by Amber Wheeler

Amber Wheeler, a May 2020 graduate of MC Law, authored “RLUIPA’s Equal Terms Clause and The Circuit Split: Striking a Balance Between Economic Concerns and Protecting Religious Liberty.” Law professor Mark Modak-Truran, who instructs students in Constitutional Law, First Amendment, Law and Religion, Legal Theory, and other Religious Freedom courses, advised Ms. Wheeler. Her article addresses the Religious Land Use and Institutionalized Persons Act (RLUIPA), which prohibits the government from implementing a land-use regulation in a manner that treats religious assemblies and institutions less favorably than secular assemblies and institutions.  38 Miss. C. L. Rev. at 174.  Ms. Wheeler’s article reviews the Third, Seventh, and Eleventh Circuit Court of Appeals differing interpretation of the equal terms provision and analyzes how these courts are dealing with the tension between commercial land use regulations and religious land use regulations.

Please consider reading Volume 38 Issue 2 of the Mississippi College Law Review in print or online. The Mississippi College Law Review Digital Commons provides online access to all publications.   Bound copies of the publication are available for $50.00 per Volume.

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