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.html

Law 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/

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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/about

Francis 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.

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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.pdf

Additional information: http://nsglc.olemiss.edu/covid19/index.html

Information 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-payments

An 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

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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 Programs

Department 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 Treasury

Low-Income Housing Tax Credit

Rural Housing Voucher Program

Properties 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.pdf

• c. 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.pdf

A new federal law, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, puts in place two protections for homeowners with federally backed mortgages:

1. A foreclosure moratorium
2. 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 Clinic

https://www.mslegalservices.org/resource/landlord-tenant-law-in-mississippi

MS Legal Services: 1-800-498-1804

Mississippi Public Service Commission COVID-19 statements

https://www.psc.ms.gov/node/555

MS Legal Services: 1-800-498-1804

Mississippi Center for Justice: 601-352-2269 https://www.mscenterforjustice.org/

Fair Housing Hot Line: 1-877-352-2269

MS 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

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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   

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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.pdf

http://inlegalterms.mpbonline.org/episodes/in-legal-terms-2020-census

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Guest attorney, Kelly Kyle, discussed Advanced Healthcare Directives and powers of attorney. http://www.kyle-wynn.com/r.-kelly-kyle.html

For a copy of the statute and form: https://www.nrc-pad.org/images/stories/PDFs/mississippi_adstatute.pdf

Example of the Docubank card that was discussed.

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Our guest is attorney, Craig Robertson. He has his own podcast available on his firm's website and podcasts platforms listen under the name of his firm: Robertson and Easterling http://www.robertson.ms/

https://www.msbar.org/for-the-public/consumer-information/what-are-the-grounds-for-divorce-in-mississippi/

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Professor Richard Gershon (author of seventh edition of “A Student’s Guide to the Internal Revenue Code (with Professor Jeffrey A. Maine) talks about the tax issues surrounding divorce

• Alimony - paid is taxable for divorces (or modified decrees ) after 2019. It's not taxable if received.
• Child Support payments - never has been taxable
• Property Settlements - basis stays the same when transferred from one spouse to another.

Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent https://www.irs.gov/forms-pubs/about-form-8332

Publication 504 (2019), Divorced or Separated Individuals https://www.irs.gov/publications/p504

Here’s the new tax-advantaged way to pay alimony https://www.cnbc.com/2018/06/14/heres-the-new-tax-advantaged-way-to-pay-alimony.html

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