Representative Law Research Projects of the
Mississippi Law Research Institute

Mississippi Law Research Institute has conducted extensive and varied research and legal tasks including the following sampling of projects:

1.      Prepared study and proposed statute for Unified Theft Law combining the offenses of larceny, embezzlement and false pretenses for House Judiciary "B" Committee. Introduced as House Bill 1121 in 1990, H.B. 1009 and S.B. 2562 in 1991.

2.       Performed a study and drafted a Bill to reconcile conflicts between statutes and the Mississippi Rules of Civil Procedure and Rules of Evidence for the Senate Judiciary Committee. Enacted as Senate Bill 2792, Chapter 573, Laws of 1991.

3.       Prepared a study on the legal and institutional constraints on aquiculture in dredged material containment areas as part of the legal portion of a multi-disciplinary study under a contract from the U.S. Army Corps of Engineers.

4.       Drafted a compilation and study of governmental actions and other suggested changes to tort law and insurance regulation for the Senate Judiciary Committee.

5.      Prepared a manual of operations for Mississippi Justice Courts promulgated by the Mississippi Judicial College and Attorney General.

6.      Provided research and legal counsel to the Mississippi Mineral Resources Institute on such matters as development of geothermal energy; rights of life tenants and remaindermen, homestead interests, mortgages and environmental regulations in oil and gas leases; coal and lignite severance tax; and drafted proposed law organizing university to private sector technology transfer.

7.     Published law review articles. The following is a sampling of these articles:

8.     Published four issues annually since 1981 of the Water Log, a quarterly reporter on legal issues affecting the Mississippi-Alabama coastal areas. The Water Log contains articles prepared by MLRI staff and contributions by others, usually experts in the field under consideration. It has a nationwide subscription of approximately eight hundred recipients. The following is a representative list of articles written by MLRI staff members:

1. New Mississippi Legislation on Natural Resource Use

2.  Plastics in the Marine Environment: A Growing Problem

3.  Fishing Vessel Safety in the Wake of Lasseigne & Sons v. Bacon: Is it Time for a Legislative Solution?

4. Turtles, Trawlers, and TEDs: What Happens When the Endangered Species Act Conflicts with Fishermen's Interests?

5. Alabama and Mississippi Boundary Cases

6. Federal Preservation Law

7. Mississippi Historic Preservation Law

8. Alabama Historic Preservation Law

9. Proposed Historic Shipwreck Legislation

10. Federal Preemption of State Historic Shipwreck Policies

11. The 1982 Law of the Sea Treaty as Applicable to Marine Transportation and Commerce

12. Deep Seabed Mining

13. Continental Shelf Resources and the Law of the Sea Treaty

14. New Sites Proposed for Coastal Barrier System

15. The Endangered Species Act

16. The Marine Mammal Protection Act

17. Wildlife Management in Mississippi

18. Wildlife Management in Alabama

19. 1985 Mississippi Water Law Amendments

20. Marine Sanctuaries: A Case Study of the Flower Garden Banks

21. The Department of Archives and History: A State Resource

22. Why is Seafood Quality Less Regulated Than Meat or Poultry?

23. Redfish Management in the Gulf: A Regulatory Challenge

24. Brief: Cinque Bambini Partnership v. Mississippi

25. Brief: Phillips Petroleum v. Mississippi

26. Brief: Organized Fishermen of Florida v. Hodel

27. Looking Beyond State Shores: The Regional Seas Program

28. Louisiana Redfish Laws

29. The Evolution of Cooperation in Natural Resources Law: The Drifter/Habitue Distinction

30. Management of Large Marine Ecosystems: Developing A New Rule of Customary International Law

31. Oil Spill Prevention and Response: Lessons from the Exxon Valdez

32. The Development and Implementation of Louisiana's Artificial Reefs Program

33. The Commercial Fishing Industry Vessel Safety Act: A Closer Look

9.     Responded to approximately forty request annually for legal opinions, compilation of legal material and review of research proposals on ocean and coastal law matters from governmental agencies and public organizations in Mississippi and Alabama. 1984-present.

10.    Presented research papers, serve as panel or faculty participants at an average of ten national, regional and state symposia or seminars. MLRI is also an associate member of the National Conference of Commissioners on Uniform State Laws.

11.     Published since 1981 the Model Forms for Criminal Affidavits - Statutory References and Penalties - a handbook for judges, clerks, and law enforcement officers. Approximately 1,500 subscribers which is updated annually.

12.     Published biannually for a number of years the Natural Resources Law Update, a reporter of legal developments in this field of interest to practitioners in Mississippi and surrounding states. The Update was funded primarily by a grant from the Mississippi Mineral Resources Institute and it served as the quasi-official publication of the Natural Resources Section of the Mississippi State Bar. Law student research associates performed research, writing and editing duties. A sample of articles included the following titles:

1. Horizontal Drilling: A Report

2. Potential Corporate Liability Under Federal Environmental Legislation

3. A National First: Mississippi's Underground Storage Program

4. Review of 1990 Mississippi Environmental Legislation

5. Case Brief: National Solid Waste Management Association v. Alabama Department of Environmental Management

6. An Analysis of Force Pooling/Risk Compensation Law in Mississippi: Transcontinental Gas Pipeline Corporation v. State Oil and Gas Board

7. Definition of "Other Minerals:" Noser v. United States Steel Corporation

8. Recent Mississippi Cases

9. Recent Legislation - Louisiana

13.   Published the Guide to the Laws and Regulations Governing Hard Mineral Mining on the U. S. Continental Shelf under contract for the Continental Shelf Division of the Marine Minerals Technology Center.

14. Published the Guide to the Permitting of Aquaculture Facilities in Jackson County, Mississippi for the Mississippi Marine Advisory Service and Jackson County Board of Supervisors.

15. Conducted a study of the legal regime governing wetlands mitigation banking in Mississippi for the state Bureau of Marine Resources.

16. Drafted regulations to establish a substance abuse intervention and assistance program for the Mississippi State Bar Association. Promulgated by the Mississippi Supreme Court by order.

17. Prepared memorandum on Louisiana laws for licensing commercial fishermen and imposition of severance tax on shrimp caught in Louisiana waters and its application to Mississippi fishermen for the Marine Advisory Service.

18. Drafted resolution for formation of joint water management districts for Department of Natural Resources.

19. Composed a memorandum outlining the law of salvage and laws of search and seizure when theft of a boat is suspected for the Mississippi Marine Advisory Service.

20. Prepared a memorandum regarding the legal authority of a municipality to manage an oyster farm on state-owned bottoms for the Mississippi Marine Advisory Service.

21. Conducted a study of federal/state/industry partnership alternatives to ensure high quality seafood products for the consumer for Sea Grant Consortium.

22. Conducted a study of alternatives to fee simple acquisition of property for state estuarine sanctuaries for Sea Grant Consortium.

23. Analyzed legal issues involved in use of obsolete offshore oil and gas production facilities as artificial fishing reefs for Sea Grant Consortium and presentation of a paper on this subject at the annual conference of the Coastal Society.

24. Prepared a study of private versus public ownership of Mississippi tidelands under Spanish grants for the Attorney General's office.

25. Prepared legal studies for recreation and conservation plan for Harrison and Hancock County beaches for the Bureau of Marine Resources.

26. Briefed the federal documentation requirements for U.S. fishing vessels for the Mississippi Marine Advisory Services. .

27. Performed research, coordinated requirements of users and drafted statutes for Uniform Traffic Ticket law for State Auditors Office and Department of Public Safety introduced by Senator Montgomery. Enacted, Laws, 1985, ch. 363; Miss. Code Ann. ' 63-9-17, 21, 29.

28. Consulted and briefed the Attorney General's office on the law pertaining to seaward lateral boundaries between Louisiana, Mississippi and Alabama.

29. Completed a study entitled A Survey of the Alternatives to Common Law Sovereign Immunity, including a proposed state tort claims act, for Senator Martin Smith, Judiciary Committee Chairman. Provided Counsel to House and Senate Judiciary Committees at hearings and working sessions. Enacted, Laws, 1985, ch. 495; Miss. Code Ann. ' 11-46-1 et. seq.

30. Studied modern legal systems for water management for state Water Management Council and drafted recommended legislation introduced by Representative Hanson by House Bills 149 and 762. Enacted, Laws, 1985, ch. 459; Miss. Code Ann.. ' 51-31-20 et. seq.

31. Drafted a mineral estate lapse statute, House Bill 564, for Representative Scott Ross .

32. Provided extensive research on "Blue Laws" in other states to special Senate committee.

33. Published Handbook for Waterborne Transportation of Hazardous Materials and Wastes, examining federal, Mississippi and Alabama laws concerning hazardous materials and wastes transport, primarily that which travels by water.

34. Published Territorial Sea: Prospects for the United States, a study reviewing the history of the territorial sea and analyzing the issues arising from the extension of the U.S. territorial sea from three to twelve miles for Sea Grant Consortium.

35. Researched and drafted a memorandum on Mississippi law regarding licensing of commercial and recreational fishermen for the Mississippi Marine Advisory Service.

36. Studied and prepared a paper on the allocation of funds under the federal Sport Fish Recreation Program for the Mississippi and Alabama Marine Advisory Service.

37. Prepared a memorandum regarding the legal effect of a captain's vessel lien for the Mississippi Marine Advisory Service.

38. Briefed the Lacy Act: controlling the marketing of illegally taken fish and wildlife for the Mississippi Marine Advisory Service.

39. Analyzed State and Federal seafood quality standards to assist state seafood industry in interstate commerce for the Mississippi Marine Advisory Service.

40. Conducted a legal analysis of the Mississippi Coastal Wetlands Management Program for the state Bureau of Marine Resources.

41. Analyzed the of law governing the transportation of surface water into Lee County, Mississippi and the regulation of the use of surface and ground water in Lee County for interdisciplinary study of the Lee County water supply problem by the Water Resources Research Institute.

42. Briefed the law supporting the contention that the Mississippi Sound is historic inland water belonging to the State of Mississippi rather than the federal government in support of the Attorney General's suit over ownership of enclaves in the Mississippi Sound.

43. Studied the requirements and recommendations for interstate compact between Mississippi and Alabama on Escatawpa River for the Water Resources Research Institute.

44. Proposed the revision of Mississippi Securities Law for Secretary of State. Enacted as "Mississippi Securities Act" Laws, 1981, ch. 521; Miss. Code Ann. ' 75-71-101 et seq.

45. Provided legal counsel and prepared the following studies for the Mississippi Ethics Commission to recommend ethics laws to the Legislature, a small part of which was enacted as Chapter 469 Laws of 1983: Compilation of State Ethics Laws; Comparative Analysis of State Ethics Laws; Compilation of Criminal Laws Pertaining to Public Officials; and, Proposed Revision of Mississippi Criminal Laws Pertaining to Public Officials.

46. Published text book: Estate Planning for Retarded Citizens for Department of Mental Health.

47. Conducted a workshop for coastal charter and rental boat operators on liability for the Mississippi Marine Advisory Service.

48. Proposed revision of Mississippi urban renewal and housing authority laws for Representative Blessey and the Mississippi Municipal Association.

49. Drafted a proposed Regional Railroad Authority Act for Governor's Office. Enacted as "Railroad Authorities Law" Chapter 544 Laws of 1980.

50. Drafted Rules and Standards Governing Bar Admissions for Supreme Court and Board of Bar Admissions. Promulgated by the Mississippi Supreme Court.

51. Drafted revised statutes for reform of Mississippi municipal courts. Enacted Laws, 1979, ch. 401; MISS. CODE ANN. ' 21-23-1 et. seq. Further reform proposed and enacted in H.B. 864 in 1989 and H.B.s 1068, 1069, 1071, 1081, and 1082.

52. Published Uniform Rules of Procedure and Forms of Process for Mississippi Municipal Courts.

53. Provided research and counsel to the Oil, Gas and other Minerals Committees of the House and Senate in adopting a strip mining law.

54. Provided research and assistance to the Mississippi House of Representatives special subcommittee on severed minerals.

55. Prepared a study and report on the laws and procedures governing youth court and lunacy matters in a random sample of ten counties for the Legislative Audit Committee.

56. Conducted a study of Mississippi Initiative and Referendum Law for Senate Legislative Service Office.

57. Published an extensive study for the Board of Trustees of State Institutions of Higher Learning entitled An Analysis of the Law of Separation of Powers Applicable to the Government of Higher Education.

58. Briefed the President of the Mississippi Bar Association on the origins and purposes of the ban against advertising by lawyers in preparation of a new Bar regulation on advertising.