State Auditor May Not Retain Outside Counsel without Attorney General Approval or Opportunity to Represent Agency

May 5, 2023

State agencies in Mississippi may not retain private attorneys without first seeking representation from the attorney general, according to the Mississippi supreme court in White v. Jernigan Copeland Attys., PLLC, 346 So. 3d 887 (Miss. 2022). In 2012, Mississippi’s State Auditor entered into a memorandum of understanding with a law firm, retaining them for the…

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Masterclass Series: Proactive Pretrial Practices for Defensive Litigation

April 20, 2023

Masterclass Series: Proactive Pretrial Practices for Defensive Litigation This program will explore how civil defense practitioners can advance the interest of their clients in the early stages of litigation through preemptive & tactical discovery techniques and pre-trial motions.  

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When Social Media Becomes an Oxymoron, Part II: Student Free Speech and Substantial Disruption

November 20, 2020

Student social media use has resulted in school concerns regarding harassment (particularly, cyberbullying), creation of a substantial disruption or material interference in the school, and a marked increase in what may be termed “true threats,” this latter topic the focus of this article.

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The Evolving Debate Over Batson’s Procedures for Peremptory Challenges

April 14, 2020

This article considers the procedures for obtaining a fair and representative jury, specifically the procedures established in Batson v. Kentucky, and then discusses proposals to strengthen steps one, two, and/or three of those procedures.

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State Action Immunity Update

October 15, 2019

The state action immunity doctrine is an important protection for state regulatory boards and other non-state entities.

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A Reinterpretation With Unintended Consequences: Did the USDOJ Just Declare Your State Lottery Illegal?

May 15, 2019

In sum, the 2018 Opinion could directly impact one of the state’s most meaningful sources of revenue—the state lottery.

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Disaster Recovery: Spotlight on State Courts

January 2, 2019

The year-long presidential initiative for Attorney General Derek Schmidt has been a focus on innovative techniques that attorney general offices can use to serve their senior constituents. This article provides a road map as to how one state, the Oregon Department of Justice, is working to protect their citizens against elder fraud and abuse.

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When Social Media Becomes an Oxymoron, Part I: Free Speech, True Threats, & “Just Kidding”

October 2, 2018

With increased concerns over school security, public schools implementing state laws may find themselves running afoul of constitutional rights of students. This increasingly draws attorneys general into the fray. Social media use by students raises important questions as to whether or to what extent public schools may discipline students for threats posted on social media. The first in a two-part series.

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Social Media is the New Town Square: The Difficulty in Blocking Access to Public Accounts

February 12, 2018

Advising public officials on the use and misuse of social media must take into account constituents' First Amendment right to access and comment. Determining whether a social media post is "official" or "personal," determining how officials can limit comments, and learning platforms' methodology for limiting contacts are essential components to determine how this new "public space" for discussion can be regulated.

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State Sovereign Immunity

November 11, 2017

Under the doctrine of "state sovereign immunity," a state cannot be sued in federal and state court without its consent, except in limited circumstances. This article walks through Supreme Court jurisprudence on sovereign immunity and explains the different regimes that states have adopted.

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