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Section 1983 and employment discrimination

Many employment discrimination claims fall under a federal law called Title VII. That law prohibits several types of discrimination and harassment in the workplace. Today, we discuss that type of claim when made by a public employee under Section 1983 (which is short for 42 United States Code Section 1983). As we wrote here, Section [..]

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Adverse possession and permissive use.

We previously wrote here about adverse possession and the factors that must exist to adversely possess land of another. Today, we address the “hostile or adverse” factor and the impact of permissive use. As we previously wrote, before a person can acquire legal title to land by adverse possession, his use of the property must [..]

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Do I need a Will? Talk to Us.

Do I need a will? A Will… This is a “Last Will and Testament” of your final wishes. Take heed. Please do not construe your intentions with your wanted outcomes. A blank piece of paper, a pen, and a friend will not work. Many may think that they can simply tell somebody what they want [..]

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White Collar Crime?

White Collar Crime Big Trouble in Little Mississippi Recently, the State Auditor has exposed and brought to prosecution individuals charged with embezzlement. This was found by tracing unaccounted money. For example, embezzlement by local officials and employees using public money that doesn’t belong to them, by cash or card. One reason this has gone unnoticed [..]

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Piercing the Corporate Veil

The phrase “piercing the corporate veil” refers to a legal remedy whereby a party injured by the acts of a business entity (such as a corporation or limited liability company) can impose personal liability on the owners of that entity. Let us just use the term “company” to refers to such business entities. Generally, the [..]

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Retaliation Against a Public Servant

Retaliation Against a Public Servant This lawyer sharpened his teeth on a jury trial involving an indictment of retaliation against a public servant. Hopefully, the appeal made District Attorneys and other local prosecutors look harder before presenting a case on, what I consider to be, an unconstitutional and unnecessary law. The statute is ยง 97-9-127, [..]

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Unwritten Contracts and Land Sales

Section 15-3-1 of the Mississippi Code lists several contracts that must be in writing in order to be valid. That law is known as the “statute of frauds,” and we wrote about that subject here. In this post, we will look at the law regarding the sale of land in particular. Section 15-3-1 states “An [..]

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How can I clear my record?

How can I clear my record? This is an overview of expungement law in Mississippi if you are wondering “can I clear my record?” Discretionary expunction upon petition, notice, and hearing in municipal court Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a [..]

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Can I expunge my record?

Can I expunge my record? You can expunge the record of certain convictions, and most arrests, by petitioning the court who had original jurisdiction. State laws define whether or not you can qualify. Remember, we are only discussing state arrests and convictions here. For example, in Mississippi, you can expunge the convictions of felony bad [..]

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Second Amendment Rights

Is an Ounce of Prevention Worth More Than a Pound of Cure? Yes. Normally I would agree with this statement. I believe it is better to brush your teeth regularly than have a dentist pull them out. How does this analogy apply to Second Amendment rights? Why this does NOT work with gun laws… Many [..]

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