In Legal Terms

Guest - Claiborne Ferguson, from The Claiborne Ferguson Law Firm https://www.midsouthcriminaldefense.com/Discussion: families who have children on the Autism Spectrum Disorder needs for juvenile defendants change in dealing with mental illness training court personnel to recognize mental illness special resources attorneys need The animation that was used in the Heider and Simmel study https://www.youtube.com/watch?v=VTNmLt7QX8EThe Mississippi Department of mental health has a webpage that provides information. http://www.dmh.ms.gov/service-options/mental-health/children-and-youth-services/     For more information about services or if you or a loved one needs help, call the Mississippi Department of Mental Health Helpline at 1-877-210-8513. Staff are available to provide help around the clockOn MPB each Tuesday at 11am is Southern Remedy: Relatively Speaking with Dr. Susan Buttross author of Understanding Attention Deficit Hyperactivity Disorder part of the Understanding Health And Sickness Series from the University Press of MississippiOur guest and his law firm are conducting a free legal seminar is called "Autism in the Justice System". It will be held August 4th at 2pm. Due to COVID-19, it will be a webinar on Zoom. Anyone can register at Eventbrite.com There will also be a link on the website for The Claiborne Ferguson Law Firm – that website is midsouthcriminaldefense.com Hosted on Acast. See acast.com/privacy for more information.

Guest is attorney Louis Watson from Watson & Norris Law Firm. https://www.watsonnorris.com/attorneys/We started the hour discussing terminations over social media posts then learned about "employment-at-will" and how the pandemic has affected employment law.Here are some of the information that was mentioned during the broadcast: CARES Act https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/ US Department of Labor: Wage and Hour Division https://www.dol.gov/agencies/whd Fair Labor Standards Act https://www.dol.gov/agencies/whd/flsa US Equal Employment Opportunity Commission https://www.eeoc.gov/ Title 7 of the Civil Rights Act https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 Age Discrimination in Employment Act https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967 Americans with Disability Act https://www.ada.gov/ Hosted on Acast. See acast.com/privacy for more information.

Calls: home sales PERS taxable? http://moneytalks.mpbonline.org/episodes/money-talks-pers rolling over an IRA to a Roth IRA early withdraw from IRA due to COVID-19 military taxes https://www.irs.gov/individuals/military filing taxes when you don't owe https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/CARES Act: Highlights of the Tax ProvisionsProvisions Applicable To IndividualsEarly withdrawals from retirement plans and participant loansWaiver of required minimum distributionsRecovery RebatesCharitable Contribution ChangesModification of limitation on losses for individualsProvisions Applicable To BusinessesEmployee Retention CreditDeferral of Employer payroll taxesChanges to Mandated Paid LeaveEmployer Payment of Employee Student LoansChanges to NOLSChanges to AMT Credit refundsChanges to limitations on deductibility of business interest expenseChanges to depreciation for qualified improvement propertyTax Aspects of Government Provided Relief LoansProvisions Applicable To IndividualsAdditional Retirement Plan Distributions AvailableRecovery Rebates for IndividualsAllowance for partial above-the-line deduction for charitable contributionsModification of limitations on charitable contributions during 2020Modification of limitation on losses for taxpayers other than corporationsProvisions Applicable To BusinessesEmployee Retention CreditDeferral of Employer payroll taxesChanges to Mandated Paid LeaveEmployer Payment of Employee Student LoansChanges to NOLSChanges to AMT Credit refundsChanges to limitations on deductibility of business interest expenseChanges to depreciation for qualified improvement propertyTax Aspects of Government Provided Relief Loans Hosted on Acast. See acast.com/privacy for more information.

Guest Ben Griffith https://law.olemiss.edu/faculty-directory/ben-griffith-2/ discusses voting in Mississippi and voting during a pandemic.Calls concerned: mail in voting in other states padded voter rolls and piles of ballots contacting Circuit Clerks office for absentee ballots learning where your polling place is located what if voters are kept away from voting HB 1521 https://legiscan.com/MS/bill/HB1521/2020 Need voter information? www.yallvote.sos.ms.govSome registered voters are eligible to vote by an absentee ballot because of age, health, work demands, temporary relocation for educational purposes, or their affiliation with the U.S. Armed Forces. Please check with your Circuit or Municipal Clerk to determine if you are entitled to vote by an absentee ballot and to learn the procedures for doing so. If you know you will vote by an absentee ballot, you may contact your Circuit or Municipal Clerk’s Office at any time within 45 days of the election. Voters included within the Uniform and Overseas Citizens Absentee Voting Act (UOCAVA), such as members of the military and overseas citizens, may register to vote and request an absentee ballot by Federal Post Card Application (FPCA). UOCAVA voters may register to vote using the FPCA up until ten days before the date of an election and may receive and return an absentee ballot by mail, email, or fax. For more information, call the Secretary of State’s Election Hotline at 1 (800) 829-6786 or visit the website at www.yallvote.sos.ms.govA special election for Mississippi House of Representatives District 88 was called for April 21, 2020. On April 3, 2020, Gov. Tate Reeves (R) postponed the special election to June 23, 2020, amid concerns about the coronavirus pandemic.  This is an area north of Hattiesburg almost surrounding but not including Laurel. The seat became vacant after Ramona Blackledge (R) resigned on January 31, 2020.https://ballotpedia.org/Mississippi_House_of_Representatives_District_88On our Feb.25th 2020 podcast we had guest  new Secretary of State, Michael Watson to talk about primary voting, the Census, and the DMV.  http://inlegalterms.mpbonline.org/episodes/in-legal-terms-secretary-of-state-watson Hosted on Acast. See acast.com/privacy for more information.

Protest concerning police actions have taken place all over the country. One of the prominent signs held up was “Defund the Police”. What does that mean? It’s a catchy phrase for a poster but do Americans REALLY think the police should be abolished? Let’s learn from Cliff Johnson from the MacArthur Justice Center – Mississippi.It’s been a minute since we’ve had someone from the MacArthur Justice Center – Our podcast from April 10th, 2018 with Cliff Johnson profiled the center and its work. http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c996625764dYou can also go to their website: macarthurjustice.org/mississippi/Calls concerned: children segregated in preschool police target some groups don't target others society needs to meet its needs protesters blocking right of ways small protests police should be well vetted we need police to do their job police are needed Cliff Johnson mentioned the written works of DeRay Mckesson.Oxford’s Public Safety spent $15,632,569 out of total city expenditures of $73,666,538 or 21.2% of expenditures for the city. http://www.oxfordms.net/documents/departments/cityclerk/2018-audit.pdfJackson’s Public Safety spent $60,996,096 out of total city expenditures of $159,729,856 or 38.2 % of expenditures for the city.https://storage.googleapis.com/proudcity/jacksonms/uploads/2019/09/2018-CAFR.pdf Hosted on Acast. See acast.com/privacy for more information.

Guest: Joshua F. Tom, Legal Director and Interim Executive Director of ACLU of Mississippi https://www.aclu-ms.org/Discussed: individual protests group protests permits speech vs actions difference between protests and civil disobedience rights when you encounter law enforcement protests on streets, sidewalks, parts protests on private property protests at shopping malls burning flags police interfering with protests disturbances at peaceful protests Website information: aclu.org/know-your-rights/protesters-rights/ACLU Mississippi Facebook live video concerning protests: https://www.facebook.com/ACLUMississippi/videos/1376077109249322/former Executive Director Jennifer Riley Collins on past In Legal Terms: October 16th, 2018 http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257635 Hosted on Acast. See acast.com/privacy for more information.

Our guest, Charles Stotler, Co-Director of the Center for Air and Space Law at the University of Mississippi School of Law, brought us up to date on on the changing world of space law. https://law.olemiss.edu/faculty-directory/charles-stotler/Past episodes on this subject can be found:In Legal Terms: Aviation Law http://inlegalterms.mpbonline.org/episodes/in-legal-terms-aviation-law 01/21/2020In Legal Terms: Space Force http://inlegalterms.mpbonline.org/episodes/in-legal-terms-space-force 04/30/2019In Legal Terms: Space Law in 2018 http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257638 09/25/2018 Hosted on Acast. See acast.com/privacy for more information.

HOAs what can they legally do, what do they protect, and what can they exclude.Our guest is attorney Reed Marts from Oxford’s and northwest Georgia’s Freeland – Marts law firm . This is an encore broadcast from June 18th 2019.  http://inlegalterms.mpbonline.org/episodes/in-legal-terms-home-owners-associationsQuestions included: covenants, antennas, publishing names of those with unpaid dues, and forming an HOA.https://freelandmartz.com/reed-martz/ Hosted on Acast. See acast.com/privacy for more information.

Are there rough seas ahead for you due to the pandemic? Foreclosures, bankruptcy, or predatory lenders? Our guest from the MS Center for Justice, Director of Consumer Protection, Charles Lee took questions for this podcast. https://www.mscenterforjustice.org/Resource Information for ConsumersA resource on managing personal finances curing COVID19 for Mississippians created by the Mississippi State Extension Service. http://extension.msstate.edu/content/managing-personal-finances-during-covid-19Coronavirus and dealing with debt: Tips to help ease the impacthttps://www.consumerfinance.gov/about-us/blog/coronavirus-and-dealing-debt-tips-help-ease-impact/Sample Letters for Dealing with Debt CollectorsThe following sample letters will help if you’re experiencing common problems that may come up with debt collectors. I do not owe this debt . I need more information about this debt . I want the debt collector to stop contacting me . I want the debt collector to only contact me through my lawyer . I want to specify how the debt collector can contact me . If you use any of these letters, it’s important to do so as soon as possible after you’re first contacted, and to keep copies of any letters you send. In certain situations, you only have 30 days after you’re contacted to ask for certain information, but even if more than 30 days pass, it’s still a good idea to ask for what you need.Credit ReportsDue to the COVID-19 pandemic, the 3 national credit reporting companies are offering free weekly online credit reports through April 2021.Link to https://www.annualcreditreport.com/index.actionThrough December 31, 2026, all U.S. consumers can also get six free credit reports every 12 months from Equifax by establishing a "myEquifax" account at https://my.equifax.com/consumer-registration/UCSC/#/personal-info or by calling 866-349-5191.How to Dispute Errors on Your Credit Reporthttps://www.consumerfinance.gov/ask-cfpb/how-do-i-dispute-an-error-on-my-credit-report-en-314/Resources to Help Consumers Avoid Scamshttps://www.consumerfinance.gov/coronavirus/avoiding-scams/Tips to Cancel a Time Share Contracthttps://www.debt.org/real-estate/timeshare-cancellation/MPB’s Money Talks recently had a representative from the National Foudnation for Consumer Credit. https://www.nfcc.org/ You can hear their podcast from May 12th on their website http://moneytalks.mpbonline.org/episodes/money-talks-credit-counselingNational Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov _  Report scams to the IRS at phishing@irs.govThe Federal Trade Commission also has information  https://www.consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scamshttps://www.consumer.ftc.gov/features/scam-alertsFTC.gov/complaintThe Mississippi Attorney General’s guide to Consumer Protection http://www.ago.state.ms.us/wp-content/uploads/2013/08/Consumer-Guide-to-Mississippi-Consumer-Protection-Law.pdfCARES Act: Temporary student loan relief: All loan and interest payments are deferred through Sept. 30 without penalty to the borrower for all federally owned student loans. https://www.npr.org/2020/03/26/821457551/whats-inside-the-senate-s-2-trillion-coronavirus-aid-packageCalls concerned: time shares title problems housing warning about scams more scams Attorney Charles Lee can be reached at the Mississippi Center for Justice at 601-352-2269 extension 104 Hosted on Acast. See acast.com/privacy for more information.

A former host of In Legal Terms, Professor Matthew Hall, was our guest for our show concerning The Balance Between Civil Liberty and Public Safety in a Time of Crisis   https://law.olemiss.edu/faculty-directory/matthew-r-hall/The U.S. Supreme Court found that the “police power” of the States embraces “reasonable regulations …as will protect the public health and safety.” Jacobson v. Massachusetts, 197 U.S. 11 (1905) https://supreme.justia.com/cases/federal/us/197/11/2016 Mississippi CodeTitle 41 - Public HealthChapter 23 - Contagious and Infectious Diseases; QuarantineIn General (§§ 41-23-1 - 41-23-47) https://law.justia.com/codes/mississippi/2016/title-41/chapter-23/in-general/2006 US Code Title 32 - NATIONAL GUARD CHAPTER 3 – PERSONNEL Sec. 328 - Active Guard and Reserve duty: Governor's authority https://law.justia.com/codes/us/2006/title32/chap3/sec328/Military Power in Law Enforcement: The Posse Comitatus https://law.justia.com/constitution/us/article-2/38-military-power-in-law-enforcement.htmlLaw expert: In Miss. it’s a felony to violate a quarantine order, but good luck enforcing it https://www.wlox.com/2020/03/21/law-expert-miss-its-felony-violate-quarantine-order-good-luck-enforcing-it/ Hosted on Acast. See acast.com/privacy for more information.

Guest, attorney Francis Springer,updates us on how Mississippi's Legal System is functioning during the COVID-19 pandemic.Discussion included: meeting with clients legal research electronic (or not) court filings emergency proceedings jury duty social distancing courts that are open courthouses that are open rights of the accused people in jail access to hearings confidentiality in communications notary services fraud check websites for the legal service you need to see their availability https://www.springerlawoffice.com/aboutFrancis Springer has been a guest on In Legal Terms a few times: Holiday Help was broadcast on Dec. 17th 2019. May 21st 2019 we talked Police Stops with attorney Springer. Francis talked with us about Alcohol Laws in Mississippi on July 17th 2018. Hosted on Acast. See acast.com/privacy for more information.

Guests were Stephanie Showalter-Otts, Director of National Sea Grant Law Center. https://law.olemiss.edu/faculty-directory/stephanie-showalter-otts/Catherine Janasie, Senior Research Counsel for the National Sea Grant Law Center. https://law.olemiss.edu/staff-directory/catherine-janasie/Both are attorneys and are a part of the University of Mississippi School of Law. The episode discusses the work of the National Sea Grant Law Center http://nsglc.olemiss.edu/Information regarding the fishing and seafood industry with respect to the COVID-19 pandemic http://nsglc.olemiss.edu/covid19/files/fisheryparticipants-section12005.pdfAdditional information: http://nsglc.olemiss.edu/covid19/index.htmlInformation about Economic Impact Payments can be found on the IRS's website: https://www.irs.gov/newsroom/heres-how-much-individuals-will-get-from-the-economic-impact-paymentsAn article discussing: if you used 529 plan withdrawals to pay for tuition or room and board, you could be hit with a tax bill if you don't take this action within 60 days. https://www.kiplinger.com/article/college/T002-C032-S014-the-coronavirus-529-plan-tax-risk-you-can-t-ignore.html Hosted on Acast. See acast.com/privacy for more information.

Guests: attorney Vangela Wade, president and CEO of the Mississippi Center for Justice and Will Bedwell an attorney in the Center's Biloxi office.Immediate protection for housing:The eviction moratorium operates by restricting lessors of covered properties # from filing new eviction actions for non-payment of rent, and also prohibits “charging fees, penalties, or other charges to the tenant related to such nonpayment of rent.” Sec. 4024(b). The federal moratorium also provides that a lessor (of a covered property) may not evict a tenant after the moratorium expires except on 30 days’ notice—which may not be given until after the moratorium period. # Covered properties include:VAWA Covered Housing ProgramsDepartment of Housing and Urban Development Public housing Section 8 Housing Choice Voucher program Section 8 project-based housing Section 202 housing for the elderly Section 811 housing for people with disabilities Section 236 multifamily rental housing Section 221(d)(3) Below Market Interest Rate HOME Housing Opportunities for Persons with AIDS McKinney-Vento Act homelessness programs Department of Agriculture Section 515 Rural Rental Housing Sections 514 and 516 Farm Labor Housing Section 533 Housing Preservation Grants Section 538 multifamily rental housing Department of TreasuryLow-Income Housing Tax Credit Rural Housing Voucher ProgramProperties with federally backed mortgage loans (1-4 units)Properties with federally backed multifamily mortgage loans (5+ units)https://www.nhlp.org/wp-content/uploads/2020.03.27-NHLP-CARES-Act-Eviction-Moratorium-Summary.pdfc. Evictions Suspended: Pursuant to Miss. Code. Ann. Section 33-15-11(c)(1) and (33-15-11(c)(4), evections within the State of Mississippi are suspended, and all state, county and local law enforcement officers are directed to cease enforcement of orders of eviction for residential premises during the Shelter in Place Order. No provision contained within this Executive Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under tenancy or mortgage. https://www.sos.ms.gov/Education-Publications/ExecutiveOrders/1466.pdfA new federal law, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, puts in place two protections for homeowners with federally backed mortgages: A foreclosure moratorium A right to forbearance for homeowners who are experiencing a financial hardship due to the COVID-19 emergency If you don’t have a federally backed mortgage, you still may have relief options through your mortgage servicer or from your state.https://www.consumerfinance.gov/about-us/blog/guide-coronavirus-mortgage-relief-options/Landlord-Tenant Law in Mississippi Authored By: The University of Mississippi School of Law Legal Clinichttps://www.mslegalservices.org/resource/landlord-tenant-law-in-mississippiMS Legal Services: 1-800-498-1804Mississippi Public Service Commission COVID-19 statementshttps://www.psc.ms.gov/node/555MS Legal Services: 1-800-498-1804Mississippi Center for Justice: 601-352-2269 https://www.mscenterforjustice.org/Fair Housing Hot Line: 1-877-352-2269MS United to End Homelessness: 601-960-0557 https://www.muteh.org/Open Doors Homeless Coaliton: 228-604-2048 https://www.opendoorshc.org/MS Home Corporation https://www.ms.gov/node/223 Hosted on Acast. See acast.com/privacy for more information.

Are you being creative during the pandemic emergency? Taking photographs? Performing on Tik Tok? How can you protect these intellectual properties? Guest: Professor Stacey Lantange, Associate Dean for Faculty Development spoke about teaching online and students learning online.Streaming services, inventors, and 3D printing we also discussed.Calls concerned: copy-writing an image Chinese property rights infringement patent applications copy-writing lyrics and owned patents Prof Stacey Lantagne has been a guest on In Legal Terms in the past: Dec. 12th, 2019 intellectual property http://inlegalterms.mpbonline.org/episodes/in-legal-terms-intellectual-property Sept. 11th, 2018 Genetic Testing http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c996625763a Sept. 5th 2017 Copyright Law   http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257667 ; Sept. 11th, 2018 Genetic Testing, and Sept. 5th 2017 Copyright Law    Hosted on Acast. See acast.com/privacy for more information.

Guest: John J. Green, Ph.D. Professor, Department of Sociology and Anthropology Director, Center for Population Studies & Society and Health Minor     Affiliated Faculty, School of Law The University of Mississippi http://cps.olemiss.edu/Be ready to be counted, Mississippi! April 1st, 2020 Census Day https://2020census.gov/Kids Count in Mississippi https://kidscount.ssrc.msstate.edu/wp-content/uploads/2020/01/KC-Factbook-2020.pdfhttp://inlegalterms.mpbonline.org/episodes/in-legal-terms-2020-census Hosted on Acast. See acast.com/privacy for more information.