Jackson Free Press

Mississippi Attorney General Jim Hood is touting a ruling from the U.S. Supreme Court that he says affirms the rights of state attorneys general to file lawsuits in state court.

Here's the full release from Hood's office:

Jackson, MS – In a case brought by Attorney General Jim Hood, the U.S. Supreme Court today unanimously upheld the right of attorneys general across the country to enforce their state’s laws in state court. The Supreme Court ruled in Mississippi ex rel. Hood v. AU Optronics Corp. that a state attorney general asserting state law claims for damages incurred by its citizens can have that case resolved by its state court, and is not required to be removed to federal court under the Class Action Fairness Act (CAFA).

All nine Justices agreed to reverse the Fifth Circuit Court of Appeals’ ruling that the State’s antitrust and consumer protection enforcement suit could not proceed in Mississippi state court. The Fifth Circuit had encroached on state courts’ rights to hear important public matters by significantly broadening the interpretation of what can constitute a federal “mass action.” Under CAFA, that requires the presence of 100 or more individual “plaintiffs.” The Fifth Circuit had ruled that, despite the State Attorney General being the only plaintiff in the case, the court would treat all Mississippi residents as “plaintiffs” so that CAFA’s 100 person requirement could be considered satisfied, depriving the state courts of the right to interpret their own laws.

Having recognized the important state sovereignty issues at stake, all U.S. Courts of Appeals that had addressed the issue – except the Fifth Circuit – had flatly rejected this analysis. The Supreme Court has now corrected the Fifth Circuit’s error, and Mississippi’s case will properly be returned to Mississippi Chancery Court.

Attorney General Jim Hood stated, " The United States Supreme Court was crystal clear that federal courts have no jurisdiction under the so-called Class Action Fairness Act over actions brought by state Attorneys General for consumer and anti-trust violations. For far too long, large corporations have abused the federal judiciary by trying to drag every action filed by an Attorney General in state court into federal courts. The working people of Mississippi and other states won one this time."

Justice Sonia Sotomayor wrote that an action by an attorney general on behalf of the state’s citizens does not fit within CAFA’s language. The Court held that, because the State of Mississippi, through its attorney general, is the only plaintiff, this suit does not constitute a mass action.

The State sued makers of liquid crystal displays (LCD) in Mississippi state court in January 2011, alleging that these manufacturers had formed an international cartel to restrict competition and boost prices in the LCD market. Several of the defendants in the State’s case pled guilty to charges brought by the U.S. Department of Justice and paid criminal fines to the U.S. Government. The Mississippi Attorney General sued to recover for the economic harm to the State and …

If you grew up in the South, and especially if you're white, you've likely been told repeatedly (maybe even in a classroom) that "the Civil War wasn't fought over slavery." (They might have even called it the "War Between the States" or even the "War of Northern Aggression.") "It was about economics," they might say. Or, almost always, "It was over state's rights," as if that somehow means that it wasn't actually over a state's right to allow its white citizens to own and abuse black human beings. It's remarkable how many white southerners, and others around the country, actually believe this myth. And it is regularly used as an excuse to justify keeping the Confederate battle flag and other symbols of the Confederacy and the "lost cause" of slavery imbedded into government, public and private schools, and some state universities in every way possible—especially in the taxpayer-funded state flags that still adorn several state capitols, including Mississippi's.

But the problem is: The Confederate leaders themselves had no reason then to hide what they were fighting the Civil War over. They were forthright about both why they were seceding into the Confederacy and their beliefs about the white supremacy (and its spoils of wealth) that they were willing to fighting to keep in place. Ever since I first read Mississippi's Declaration of Secession, I've used it as a response to someone who decides to spread these myths in my presence.

Now, in the wake of the Charleston massacre by an apparent white supremacist, and as the country is engaging in a welcome conversation about the Confederate flag, I've compiled a list of primary sources from the mouths and pens of the Confederate leaders themselves that could prove useful as you deal with the myths that continue to be used to justify racism and racist symbols. (Hat tip to Kristy Wittman Howell who had posted several of the more obscure links on Facebook.) Please suggest others in the comments.

Mississippi's Declaration of Secession: "Our position is thoroughly identified with the institution of slavery - the greatest material interest of the world. Its labor supplies the product, which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization."

All the Declarations of Secession by southern states that did them: From Texas' Declaration: "In all the non-slave-holding States, in violation of that good faith and comity which should exist between entirely distinct nations, the people have formed themselves into a great sectional party, now strong enough in numbers to control the affairs of each of those States, based upon an unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of …

After careful review of the law, and the social and fiscal impacts of HB 1523, I have decided not to appeal the Federal Court's injunction in this case against me. I am convinced that continuing this divisive and expensive litigation is not in the best interests of the state of Mississippi or its taxpayers.

Former University of Mississippi Damore’ea Stringfellow is one of 95 underclassmen to declare for the 2017 NFL Draft. Monday, Jan. 16, was the deadline for players who are three years out of high school to announce their intentions.

Some players who decided to forgo their college eligibility received information from the NFL’s College Advisory Committee, which graded them as a first- or second-round pick. An interesting article on ESPN.com from Kevin Seifret took a closer look at the process.

Those who received a favorable free evaluation from the CAC are graded just on their football potential. The CAC doesn’t look at their off-the-field issues, or academic or medical problems.

A great example used in the story is University of Oklahoma running back Joe Mixon. There is no doubt that Mixon has first- or second-round talent on the field, but it will be interesting to see how teams view his year-long suspension for assault in 2014.

A video of Mixon punching a woman in the face and breaking her jaw, cheekbone and eye socket came out in December 2016. Recently the NFL has mishandled some very public cases of domestic assault .

Mixon entering the draft is another case where the league could be scrutinized depending on where he is drafted. If the talented running back is taken in the first round, it proves that winning in football matters more than off-the-field issues.

Just looking at football talent, it makes sense for players such as former Louisiana State University running back Leonard Fournette and Texas A&M University defensive end Myles Garrett to leave school early. That is not the case with every player who does, though.

Some get bad advice from friends and family or look to improve their life and their families’ lives by becoming a professional player. During the NFL Combine, it is good to hear NFL Network’s Mike Mayock’s evaluation of players.

Mayock is quick to point out that he doesn’t know a player’s personal situation, but he can tell if the player should have stayed in school and might be hurt by coming out early. That doesn’t mean Mayock is correct on every case.

In the 2015-2016 season, 322 players were evaluated, and 73 were told to return to school but declared for the draft anyway. Of those 73, 11 went in the first or second round, but 20 went undrafted.

That is the tricky part of the draft. It only takes one team to fall in love with a player and have need at that position.

Sometimes draft order hurts a player. One prime example is current Green Bay Packer quarterback Aaron Rodgers. The draft order of the 2005 NFL Draft meant that Rodgers could, and eventually did, slide after the San Francisco 49ers made their pick at No. 1.

That meant Rodgers fell all the way to the 24th pick, mainly because teams after the 49ers felt …

It is easy to say that Baylor University is a prime example of what is bad about college sports. The university is a textbook example of how the win-at-all-cost approach can lead an institution of higher learning into selling its morals for wins.

A major sexual-assault scandal broke out at Baylor with police arresting defensive end Tevin Elliott for rape charges in 2012 and his conviction in 2014. New information shows that then-head coach Art Briles helped Elliott stay on campus.

Elliott was accused of a second count of plagiarism that would have him suspended from the university and ineligible for the 2011 season. He missed an April 2011 deadline to appeal, but Briles personally got involved to help Elliott get an appeal.

Briles sent an email to then-university President Ken Starr about overturning the suspension, which Starr did, allowing Elliott to stay in school and on the team.

Briles, Starr and assistant coaches continued to hide or fix problems that Elliott had in missing classes, meaning those in charge at Baylor helped Elliott stay on campus, where he ended up raping a woman.

Elliott isn’t the only case at Baylor. Repeatedly, the coaches and even the Waco Police Department buried reports of players’ misbehavior. Recent reports show that the coaches tried to get people who Baylor football players had victimized not to press charges or report incidents.

A Title IX lawsuit from one woman alleges that from 2011 to 2014, at least 31 players committed 52 sexual assaults. Philadelphia law firm Pepper Hamilton revealed in a report that 17 women reported sexual assault or domestic violence from 19 players, including four gang rapes.

The scandal eventually took down Starr, Briles, assistant coaches and others in positions of leadership. Those in power did nearly everything possible to keep players from being arrested or charged with crimes, and tried to hinder the work of Title IX coordinator Patty Crawford.

Baylor isn’t a program that traditionally won a ton of games, and the last bowl game before the university hired Briles in 2008 was in 1994. The school’s last winning record before Briles was in 1995.

Under Briles, Baylor won 10 games in a season four times, and before him, it had won 10 games just once in program history. There is no question of whether Briles could recruit and coach, but when it came down to integrity and morality, he failed as a leader.

Winning mattered more at Baylor than players committing physical and sexual assault. Another recent lawsuit alleges that regents in a meeting with Baylor alumni and donors on why they couldn’t keep Briles and other involved in the scandals because they “didn’t uphold with the mission of the university.”

One donor is quoted as saying in the same meeting: “If you mention Baylor’s mission one more time, I’m (going to) throw up. … I was promised a national championship.”

The NCAA is …

In its Sunday edition, The New York Times is reporting that New York Attorney General Eric Schneiderman is investigating several private equity firms, including Bain Capital for possibly abusing a tax strategy "in order to slice hundreds of millions of dollars from their tax bills."

The attorney general, Eric T. Schneiderman, has in recent weeks subpoenaed more than a dozen firms seeking documents that would reveal whether they converted certain management fees collected from their investors into fund investments, which are taxed at a far lower rate than ordinary income.

Among the firms to receive subpoenas are Kohlberg Kravis Roberts & Company, TPG Capital, Sun Capital Partners, Apollo Global Management, Silver Lake Partners and Bain Capital, which was founded by Mitt Romney, the Republican nominee for president. Representatives for the firms declined to comment on the inquiry.

Mr. Schneiderman’s investigation will intensify scrutiny of an industry already bruised by the campaign season, as President Obama and the Democrats have sought to depict Mr. Romney through his long career in private equity as a businessman who dismantled companies and laid off workers while amassing a personal fortune estimated at $250 million.

The subpoenas, by a Democrat, went out before a huge document leak recently that raised questions about Bain Capital's practices:

The tax strategy — which is viewed as perfectly legal by some tax experts, aggressive by others and potentially illegal by some — came to light last month when hundreds of pages of Bain’s internal financial documents were made available online. The financial statements show that at least $1 billion in accumulated fees that otherwise would have been taxed as ordinary income for Bain executives had been converted into investments producing capital gains, which are subject to a federal tax of 15 percent, versus a top rate of 35 percent for ordinary income. That means the Bain partners saved more than $200 million in federal income taxes and more than $20 million in Medicare taxes.

The subpoenas, which executives said were issued in July, predated the leak of the Bain documents by several weeks and do not appear to be connected with them. Mr. Schneiderman, who is also co-chairman of a mortgage fraud task force appointed by Mr. Obama, has made cracking down on large-scale tax evasion a priority of his first term.

As a retired partner, Mr. Romney continues to receive profits from Bain Capital and has had investments in some of the funds that documents show used the tax strategy.

Be sure to read the entire article for a succinct explanation about the fees/interest practices of many financial firms. This ends the piece:

The leaked documents show that Bain has in recent years waived management fees in at least eight private equity and other funds, including one formed as early as January 2002. The documents stated that Bain executives had the right to decide either annually or each quarter whether to waive some or all of their management fees; they also had …

Bill Walker, the former executive director of the Mississippi Department of Marine Resources, and nine other people have been indicted on state and federal charges related to an ongoing investigation into the state agency's spending.

State Auditor Stacey Pickering issued the following statement:

GULFPORT, Miss.- Federal and state grand juries returned indictments this week following a joint investigation into the activities of the Mississippi Department of Marine Resources (“DMR”) and a $3 million grant issued to the City of D’Iberville, announced U.S. Attorney Gregory K. Davis, FBI Special Agent in Charge Daniel McMullen, Mississippi State Auditor Stacey Pickering, Second Circuit District Attorney Joel Smith and Nineteenth Circuit District Attorney Tony Lawrence. The State Auditor’s Office also issued civil demands totaling more than $1 million.

William W. Walker, 68, of Ocean Springs, Scott J. Walker, 34, of Ocean Springs, Sheila Tina Shumate, 52, of Saucier, and Joseph C. Zeigler, Jr., 66, of Gulfport, have been named in a five-count federal indictment, returned on Tuesday, November 5, 2013, charging conspiracy to commit federal program fraud, federal program fraud, conspiracy to commit mail fraud and mail fraud involving DMR and the Mississippi Marine Resources Foundation.

Scott J. Walker is also named in a separate federal indictment along with Michael Janus, age 47, of Biloxi, charging conspiracy to commit program fraud, program fraud, bribery in connection with a federal program and money laundering. The indictment alleges that Walker and Janus caused a false invoice in the amount of $180,000 to be submitted to the City of D’Iberville for payment of consulting services.

A Harrison County grand jury returned indictments this week against Sheila Tina Shumate, Leslie Young Gollott, Susan Perkins, Jere Grant Larsen, Jr. and Kerwin Cuevas for multiple counts of fraud and embezzlement which allegedly occurred during their employment with the Department of Marine Resources.

In addition, the Mississippi State Auditor’s Office issued demands against ten individuals as part of this investigation totaling $1,022,308.55. The individual demands are listed below:

William Walker- $362,689.14 Joseph Ziegler- $258,268.75 Sheila Shumate- $127,608.57 Leslie Gollott- $117,593.10 Susan Perkins- $ 30,959.34 Grant Larson- $1,342.08 Kerwin Cuevas- $108,420.70 Walter Chataginer- $1,279.85 Kerry Endris- $13,020.66 Samantha Hebert- $1,126.36 “The indictments and demands announced today are one step toward restoring the trust of taxpayers, but they do not close the investigation,” State Auditor Stacey Pickering said. “As alleged in the indictments, these men and women abused their positions, stole from the taxpayers of Mississippi, and they will be held accountable for their actions. I appreciate the hard work and cooperation from the local, state and federal agencies involved including our Special Agents, District Attorneys Joel Smith and Tony Lawrence, Gregory Davis, U.S. Attorney for the Southern District, and Daniel McMullen, Special Agent in Charge for the Federal Bureau of Investigation.”

The public is reminded that an indictment is an allegation that a defendant has committed a crime. All defendants are presumed innocent until and unless proven guilty.

I received this stunning letter a couple days ago from a (white, I think) man in Pearl, presumably in response to my recent column about the abominable Mississippi state flag. I post it now without comment but will be back along with some thoughts later. Here it is, verbatim:

Please permit me to submit the following letter to Jackson Free Press:

Some of us have heard the question "What happens when an unstoppable force hits an immovable object?" The puzzle might seem a bit superficial until one notices we have a similar problem concerning our state flag.

I think the JFP has well demonstrated that the Confederate emblem on the Mississippi flag continues to cause hurtful memories to blacks who have endured the horrors of segregation and the Civil Rights era.

So why would so many Mississippians continue to resist changing such a hated symbol of our state's dark past? Ignorance? Bigotry? Could there still be some unspoken reason why many white southerners insist on keeping our flag in its current form?

Hey. We want progress. So let's just go ahead and bring it out in the open.

Just as the current Confederate emblem causes hurtful memories to our state's blacks, the absence of the symbol would cause hurtful memories to many white southerners. And I do not mean just segregationists.

To many whites, the erasure of the Confederate emblem would be an unreciprocated nod to the kind of blacks who attempted, and in some cases, DID seize control of Jackson's schools by force, who pulled knives on white students and threatened them with violence, who stole my brother's school books and urged him to steal from my parents to get money to get his books back.

The erasure would be seen as a nod to "gangsta rap" stars who record songs saturated with sexualized slang and glorify abusing women. It would be seen as a nod to people who have petitioned the NBA to declassify the use of the "MF" word as a technical foul because it is part of "black culture."

To be blunt, there are some facets of "black culture" many of us do not want in Mississippi culture. THAT is what some Mississippi southerners are afraid of.

Though voters decided by referendum to keep our current flag, one can argue that we must have a system in place to protect people from a tyranny of the majority. But there is a bit of a corollary to that here.

If Mississippi blacks are a minority, there is a tiny minority to THAT minority. There are some blacks who want to keep our current flag. Some support groups like the Sons of Confederate Veterans because they are proud to be the descendants of black soldiers who fought for the CSA. Should not their rights be considered too?

But my position is not based entirely on fairness. Perhaps we should lose the current flag.

But that is not going to happen until we have answered the …

The Florida League of Women Voters released the following verbatim news release Tuesday, May 27, 2014 in regard to a recently-completed study on charter schools across the state.

League of Women Voters Releases State-Wide Study on School Choice

Tallahassee, Fla — Twenty percent of the state's charter schools close because of financial mismanagement or poor academic standards, according to the League of Women Voters of Florida after a year-long study of charter schools in 28 Florida counties.

"Charter schools could fill a niche in Florida's educational spectrum, but for many, their biggest contribution may be to corporate bottom lines," said Deirdre Macnab, President of the League of Women Voters of Florida.

With over 576 charter schools in the state, the League of Women Voters of Florida conducted a study in order to better understand the oversight, management, accountability and transparency of charter and private schools in Florida.

The study found that:

Approximately one-third of charters are run by for-profit management companies. Many screen students, then drop those who are not successful, which public schools are prohibited from doing. Charters also serve particular socio-economic groups, increasing segregation in schools.

Although charters tend to be smaller than traditional schools, there is no consistent difference in achievement for charter school and public school students.

Many charters blur the distinction between religious and non-secular schools. Some churches receive as much as a million dollars in lease payments annually for their facilities from charter schools.

In areas with declining enrollments, neither the charters nor regular public schools are large enough to adequately provide support for staff like nurses or counselors. Retaining teachers is also a problem; most charters offer lower salaries and benefits than public schools.

The League's study produced several recommendations:

Charters should be limited to those that fill unmet needs in identified local school districts.

Stronger local management oversight and disclosure policies are needed.

Financial mismanagement issues must be addressed, as too often the privatization of schools leads to financial abuse.

For more information, including further findings and recommendations, please see the state-wide study, along with the individual studies conducted by eighteen local Leagues across Florida.

The League of Women Voters of Florida, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. For more information, please visit the League's website at: http://www.TheFloridaVoter.org.

FLORIDA LEGISLATORS WITH A DIRECT INTEREST IN CHARTER SCHOOLS:

Conflict of Interest Concerns

Senator John Legg Chair of Senate Education Committee is co-founder and business administrator of Daysprings Academy in Port Richey.

Senator Kelli Stargel from Orange County is on board of McKeel Academies. She is on the Education Committee and sponsored the Parent Trigger Bill.

House Budget Chairman Seth McKeel is on the board of McKeel Academy Schools in Polk County.

Anne Corcoran, wife of future House Speaker Richard Corcoran has a charter school in Pasco County. Richard Corcoran is Chair of the House Appropriations Committee.

Senator Anitere Flores …

In an occasional blog series I'm inaugurating here, I'd like to pull forward some debate that's happening in the comments and examine a variety of the myths and legends that surround the South's participation in the civil war.

From the comments section came this one from Claude Shannon:

The war was fought over money and power. In 1860, 80% of all federal taxes were paid for by the south. 95% of that money was spent on improving the north.

Now I'm not a history scholar, but I do get curious when things just kinda sound wrong.

First... even if we assume that's true (which, as you'll see later, I can't) I think the construct is disingenuous, as it suggests that "the South" had very little say in the matter and no recourse but secession given the rapacious chokehold that the North apparently had on the South in terms of political power and usurious taxation.

It's a dramatic picture, but there are a few caveats:

1.) Democrats (the party that included most all Southern politicians) controlled Congress leading up to the Civil War (they lost the House in 1859) and had a Democratic president in the "doughface" Buchanan. (The term being one that suggests a Northern with Southern sympathies.)

2.) The Tariff of 1857 was authored and supported by Southern legislators (the primary author was Virginia Senator Robert Mercer Taliaferro Hunter, who would later be pictured on the Confederate $10 bill) and it lowered tariffs to a level they hadn't hit in 50 years.

http://jacksonfreepress.com/users/photos/2015/jul/10/22076/

Remember that through most of 1800-1860 there was no income tax on individuals and businesses or other taxes (sales, property) as we define them today -- Federal taxes were almost exclusively tariffs on imports. (The Nullification Crisis had come when tariffs were considerably higher in order to pay down debts from the War of 1812.)

So, "taxes" were considerably lower leading up to the war.

But then... if there's evidence that "The South" paid "80 percent" of those tariffs they'd managed to lower, I can't find it.

As noted here, about 63% of Federal revenue was collected as tariffs on shipments that went through just the Port of New York alone. And those tariffs were collected from the merchants who imported them.

Aside from New York, there were certainly other ports in the North; so an argument that "The South" paid 80% of tariffs -- e.g. that 80% of imported and taxed goods went through Southern ports where the taxes were paid by Southern importers -- isn't correct.

(The tariffs were also protectionist in nature, and likely benefitted both the North and South as they made locally produced goods more attractive.)

If there's a more esoteric argument that says somehow the South ultimately bought 80% of those goods and therefore experienced the markup that came from them being taxes, I haven't seen it, but it would be interesting to read and parse.

One other point to make on tariffs -- the Southern states …

One of the more interesting stories this week is that New Orleans Saints Head Coach Sean Payton met with former NFL quarterback Johnny Manziel during Super Bowl week.

There are few examples of a player destroying their career the way Manziel has. NFL teams are known to put up with a lot of crap from players with loads of talent. Heck, any sports-related field is willing to put up with a ton from stars because they are stars, including the MLB, NBA and even the WWE. Just check out the stuff that wrestler Shawn Michaels pulled in his younger years, but “The Showstopper” was one of the greatest talents ever in the ring.

The general consensus has been that it is all right to party like a rock star on Saturday if you can deliver the goods on Sunday. Famed New York Jets quarterback Joe Namath partied with the best of them but still could get it done when the game started. So could New York Yankees great Mickey Mantle. Manziel, on the other hand, couldn’t pull off the feat when the Cleveland Browns drafted him in 2014.

It worked for the quarterback when he was at Texas A&M University and made the news for his bad behavior. The same wild and crazy lifestyle didn’t go over well in the NFL, where players are supposed to be prepared on game day.

Since the Browns drafted in the first round with the 22nd overall pick, the former Heisman Trophy winner seemed to be in scandal after scandal. On the field, Manziel’s talent couldn’t eclipse the dumpster fire that he was off the field.

His antics eventually got old, and the Browns cut him in March 2016. No team wanted him during the offseason, and not many teams have shown interest in the quarterback.

If any coach could get a player to straighten up and live up to the talent that he possesses, it would be Payton. Payton and his current quarterback, Drew Brees, wouldn’t let Manziel act the way that he did with the Browns.

New Orleans, as a city, would be the big risk for signing Manziel. Few cities in America have a reputation for being a place to have a good time like The Big Easy. The temptation for Manziel would be great, and that is where Payton and Brees would have to keep him in check.

It doesn’t seem likely that New Orleans will sign Manziel, but Brees is 38 years old and in the final year of his contract. Payton doesn’t hurt anything by kicking the tires on a quarterback who could be really talented if he fixed his work ethic and personal life.

Remember Michaels mentioned above. Most of the superstars in the WWE disliked him when his back issues forced him to to leave the company. He later returned with the company after a four-and-half-year absence as a better person, according …

Folks tailgating at The Grove this fall on the campus of the University of Mississippi will no doubt talk about potential NCAA sanctions. At some point, the talk might turn to another university that’s just over 630 miles from Oxford, Miss.: Baylor University in Texas.

Rebels fans might be scratching their heads wondering why they are looking down the barrel of the NCAA’s gun, but Baylor University isn’t. The answer is simple: There are no rules in the massive NCAA rulebook on what is going on at Baylor. Last year, a sexual-assault scandal in the football program came to light, and since then, the allegations have continued to mount.

Each new lawsuit against the university is painting an ugly picture about what was going on at Baylor. Still, the Bears will get to compete for the Big 12 title and head to a bowl game, but not the Rebels.

In an article on Sports Illustrated’s website, SI.com, writer Andy Staples breaks down the reasons why the NCAA won’t punish Baylor.

He points out that the organization jumped the gun against Pennsylvania State University in 2012.

The NCAA punished Penn State in the wake of the Jerry Sandusky child abuse case. For the most part, many of the sanctions have quietly been reduced or repealed.

Personally, I was against the punishment for Penn State, not because of I’m a fan of the university but because the NCAA overstepped its boundaries. We can all agree that the NCAA should relax some rules and do away with others, but it can’t just make up rules on the fly.

Public outcry drowned out common sense. For the NCAA, the PSU case became, “We have to do something,” and not a question of whether organization had the ability to do something. The NCAA has learned its lesson so far in the Baylor case, but public outcry grows by the day.

It is amazing that an organization that has rules for when a coach can call or text a recruit doesn’t have rules when something horrific like what happened at Penn State and what is happening at Baylor. Maybe that should change.

Even before the Penn State scandal, the NCAA had a chance to change the rules and bring the hammer down on programs that were covering up crimes. In 2003 also at Baylor, basketball player Carlton Dotson murdered fellow teammate Patrick Dennehy.

Then-Head Coach Dave Bliss lied about Dennehy, saying he had become a drug dealer to pay his tuition. In reality, Bliss was paying for Dennehy’s tuition in order to get around NCAA rules.

Long story short, Baylor got in trouble, not for trying to cover up a murder, but because a coach playing fast and loose with rules in the NCAA books. Bliss got a 10-year show-cause penalty, which has ended his chances of coaching at another NCAA school.

It was a chance for the organization to look at changing …

This falls in the can't-make-it-up column.

Most of you know that Mitchell Moore of Campbell's Bakery, who is straight, and Eddie Outlaw of William Wallace Salon, who is gay, and others started the amazing "If You're Buying, We're Selling" campaign. They want Mississippi business owners to put stickers in their windows to indicate that they don't discriminate, in response to SB 2681, Mississippi's version of the "Religious Freedom Restoration Act." (See lots of business owners with the icon in their ads in this week's JFP, too.)

So, the religious right is apparently not happy with the international media coverage the campaign is getting -- and from Mississippi, which is supposed to be their wheelhouse, you know. They really didn't like it when Emily Pettus of the AP (the JFP's next-door neighbors) did a story about this that was picked up by many outlets.

In response, they went on a PR tear to take back the messaging. Greg Scott, who tweets at @adfmedia, led the way, tweeting this week in response to the AP story: "Sticker folks protest imaginary law .@AP bows false narrative, RFRA not "vaguely written," no threat to "=treatment" http://bit.ly/QEU2El

Curious, I did some research. Turns out, Scott is the VP for media communications for Alliance Defending Freedom (formerly Alliance Defense Fund), a nonprofit group founded in 1994 by extreme-right and vocally anti-gay leaders including James Dobson of Focus on the Family and Donald Wildmon of the American Family Association. (Interestingly, Mississippi's Judge Charles Pickering is also on the board.)

Not to be outdone, the American Family Association, an alliance co-founder, also blasted the sticker campaign on a Christian "news" site, which is part of the American Family News Network, which is part of the ... American Family Association. "It's not really a buying campaign, but it's a bully campaign," said Buddy Smith, executive vice president of Tupelo-based American Family Association, "and it's being carried out by radical homosexual activists who intend to trample the freedom of Christians to live according to the dictates of scripture."

The Southern Poverty Law Center includes the alliance (and AFA) on its list of a dozen groups that drive the "religious right's anti-gay crusade." On its website, it brags that its "attorneys have successfully defended marriage as the union between one man and one woman in over 40 cases nationwide."

SPLC indicates that the alliance was established in the early 1990s in response to gay-rights battles in the courts—which it clearly believes is the "principal" threat to religious freedom. ADF President Alan Sears and Vice President Craig Osten wrote " The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom," which ties homosexuality to pedophilia and other "disordered sexual behavior."

SPLC states: "The ADF has also mounted legal challenges to gay military service, marriage, adoption and foster-parenting, as well as to domestic partner benefits around the nation. It trains other attorneys 'to battle the radical homosexual …

This is worth repeating after Tampa Bay proved me wrong on Thursday and beat the Minnesota Vikings. Parity is in full effect in the NFL this season.... There is going to be a team that started slowly and makes the NFL Playoffs. My personal pick is the New Orleans Saints and that pick looks even better if the Saints win against the Broncos on Sunday night.

The NFL owners recently approved two new rule changes that will be one-year test rules next season. Both were highly controversial, one among coaches and the other among players.

First, here's a look at minor rule changes.

All chop blocks, which are when one offensive player is blocking a defensive player high, and another hits the same defensive player low, are now illegal in the NFL.

Defensive players are at risk to major injuries because of the blocks and in most cases, the NFL already outlawed them. Offensive linemen can still cut block (a one-on-one low block) a defensive player.

Now, just one season after the NFL experimented with the idea, points-after-touchdown kicks ("extra points") are permanent from the 15-yard line. There were 71 misses on extra-point kicks last season with the new rule change, and 27 teams missed an extra point. The defense is still allowed to try and score on missed extra points as well.

The owners also tweaked the horse-collar rule. Now, it is a horse-collar penalty to take a player down by the nameplate or above to make a tackle. Again, this is a player safety rule, but it will have some effect on games next season.

Other changes include:

Eliminating the five-yard penalty for illegal touching after a player goes out of bounds and reestablishes himself inbounds. Now, it is just a loss of down.

Coaches can use the coach-to-player radio system whether they are on the sideline or in the coaches booth.

Teams will receive a delay of game penalty if they try to call a timeout when they aren’t allowed to.

Eliminating multiple spots of enforcement on double fouls after a change of possession.

Teams now don’t have to designate which player will return from short-term injured reserve, although teams can still only bring back one player each season from IR.

Now, here's some information on the controversial rule changes:

First, players or coaches can be ejected from a game after two personal foul penalties. Players and coaches met this rule with resistance, with coaches fearing that players would bait others into penalties.

Only certain types of personal foul penalties will qualify for the ejection. Throwing a punch, forearm or kicking an opponent, if contact is made or not, will be part of the new ejection rule.

Using abusive, threatening or insulting language to an opponent, official, teammates or league officials or using baiting or taunting acts or words to foster ill will between teams can now lead to an ejection with two fouls.

While coaches or players won’t like the ejection rule, it isn’t likely to cause many, if any, ejections. A similar rule exists in college football but rarely comes into play as far as ejections go during games.

The biggest rule change that will affect every game is the new kickoff rule. Now, touchbacks after kickoffs will come out to the 25-yard line instead of the 20-yard line. …

Community stakeholders sent a letter to lawmakers on the Health Budget Review Committee asking them to take several steps in working to reform the state's mental healthcare system and focus more community-based mental healthcare.

The letter is reproduced in full below:

Dear Members of the Legislative Mental Health Tax and Budget Review Committee:

We, the undersigned stakeholders, appreciate the concern you have shown by your close examination of the state's mental health budget. But we fear that you and the legislature are ignoring a much more fundamental and dire issue, and what is actually the real problem: Our State's mental health system is antiquated and costly, both in dollars but even more in human lives.

Because our system overly relies on expensive institutional care in state hospitals and other long term care facilities, Mississippi has not developed to scale the types of services in the community that we know will most help people. As a result, many people are torn away from their families and communities. That is unfair to them and violates their basic civil rights. It also deprives us of benefiting from their presence and their contributions. And perhaps most importantly in your examination of the mental health budget, this over reliance on institutional care is why Mississippi is being sued by the Justice Department. In fact, the DOJ has actively promoted community-based services as a means of preventing the needless isolated institutionalization of people with mental illness.

With early and effective intervention, almost all adults and children with mental illnesses can and want to be part of their families, meaningfully contribute to their communities, and work and/or go to school, outside of institutions. It is alarming to us that your budget discussions have started with the assumption that mental health care is best delivered through institutions. That assumption is not true. It is also harmful. You as legislators are in a unique position to transform our mental health system and bring it into the 21st century.

These are some steps that we strongly urge you to take:

• Meet directly with your constituents with mental illness and their families and ask them about their experiences with the mental health system and what would help them live productive lives. We encourage you to hold public hearings throughout the state.

• Visit the Community Mental Health Centers and mental health nonprofits in your district and find out what support they need to deliver these kinds of services. Find out how effectively the money you appropriated is being spent and what support mental health centers need to maximize the impact of the funds.

• Reach out to your counterparts in other states that have transitioned to an effective community-based system to learn how they did it. New Hampshire, Delaware and Georgia are recent examples.

• Partner with the consumer and family organizations that represent people with mental illness. They can and are willing to provide you data, help you gather feedback and …

This morning the NCAA came down hard on Penn State in an unprecedented action not involving infractions of NCAA rules. Penn State was hit with a four year bowl ban, $60 million fine and a reduction of 10 initial scholarships and 20 scholarships for the next four years. Also 111 wins vacated from 1998 to 2011, basically symbolically ending Joe Paterno's legacy.

While the NCAA didn't give Penn State the death penalty, it did cripple the program for the next 10 to 20 year if not more. Players still eligible can transfer to other schools and play immediately.

The feeding frenzy of coaches trying to lure Penn State players away might show football programs are not even thinking twice about happened to the Nittany Lions today. I doubt that the punishment of Penn State will curb the spending and power of college football.

Even though NCAA president Mark Emmert says the Penn State punishment doesn't open Pandora's Box in college sports. It does raise a serious question of why not.

The NCAA did nothing in 2003 when Baylor basketball player Carlton Dotson murdered teammate Patrick Dennehy. Former Baylor head coach Dave Bliss even conspired to cover up the true facts of Dennehy’s murder. Baylor was punished for NCAA violations but in there was no punishment that was included for the murder of Dennehy. Baylor basketball has bounced back to play in the post season in basketball four times since the NCAA levied penalties on the Bears in 2005.

Should the NCAA go back and punish Baylor (retroactively punishing school is something the NCAA does all the time)?

What about the death of Virginia women’s lacrosse Yeardley Love? In 2010, Love was murdered by her former boyfriend and men’s lacrosse player George Huguely.

Love’s mother, Sharon Love, is suing the state and coaches ignored Huguely's erratic behavior, including two alcohol-related arrests, frequent intoxication and attacks on another female student, a teammate and a Virginia tennis player.

Sharon Love claims the university, head coach Dom Starsia, assistant coach Marc Van Arsdale, and athletic director Craig Littlepage didn’t discipline Huguely for his behavior or get him treatment for anger management and alcohol abuse.

If the claims are true, should Virginia be punished for not protecting Love from Huguely and because of their lack of concern she ended up dead?

In an ongoing investigation, several Montana football players along with another man are accused of gang raping a fellow student. In the Montana case, head coach Robin Pflugrad disciplined several players but didn’t report the incidents to his superiors.

Montana university president Royce Engstrom said in a statement "The University of Montana has determined not to renew the contracts of Athletics Director Jim O'Day and head football coach Robin Pflugrad." Then Engstron thanked both O’Day and Pflugrad for their service as he let them go.

The Department of Justice is investigating the university and campus police, along with the …

The United Nations’ Working Group of Experts on People of African Descent visited Jackson in late January. Read a column by human-rights attorney Adofo Minka on the significance of their work. Here are the group's initial findings:

WASHINGTON D.C. (29 January 2016) - The Working Group of Experts on People of African Descent thanks the Government of United States of America for its invitation to visit the country, from 19-29 January 2016, and for its cooperation. This visit is a follow up to the 2010 visit of the WGEPAD and includes other cities. We thank in particular the Department of State for arranging the visit and the local authorities who met with the Working Group during our visit to Washington D.C., Baltimore, Jackson-Mississippi, Chicago and New York City. We would like to give special thanks to the hundreds of civil society representative organizations, lawyers and individuals from the African American community for sharing their concerns and recommendations with our delegation. We also thank numerous human rights defenders and activists who reached out to us from other parts of the country that we could not visit.

The Working Group regrets that it did not receive access according to the terms of reference for special procedure mandate holders to visit Mississippi State Penitentiary Parchman. It also regrets that it was not possible to meet with all of the high level state and local level authorities requested.

The views expressed in this statement are of a preliminary nature, our findings and recommendations will be presented in our mission report to the United Nations Human Rights Council in September 2016.

During the visit, the Working Group assessed the situation of African Americans and people of African descent and gathered information on the forms of racism, racial discrimination, xenophobia, Afrophobia and related intolerance that they face. We studied the official measures and mechanisms taken to prevent structural racial discrimination and protect victims of racism and hate crimes as well as responses to multiple forms of discrimination. The visit focused on both good practices and challenges faced in realising their human rights.

We welcome the work of the Civil Rights centers, in all Government departments, and the Equal Employment Opportunities Commission that implement the Civil Rights legislation through investigation of complaints, litigation, issuance of guidance and remedies including compensation.

We also acknowledge the work of the Department of Justice Civil Rights Division regarding access to justice, investigations of excessive use of force by the police and patterns of discrimination.

We welcome the recent steps taken by the Government to reform the criminal justice system and combat racial discrimination and disparities through the following initiatives:

• The Fair Sentencing Act.
• The Justice Department's "Smart on Crime" initiative.
• The report and recommendations of the Task Force on 21st Century Policing to strengthen community-police relationships across the country.
• The new Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, Or Gender Identity
• The Guidance for consideration …

There has been plenty of talk this week about the state of TV ratings for NFL games. Currently, the league is experiencing a dip of 10 to 11 percent in the ratings from the previous season.

Everyone is speculating what is causing the ratings to drop, but there is no magical answer to the decline in viewership.

But here are my reasons, from smallest to biggest.

6. Scandals

It seems like the scandals never end in the NFL—Bountygate, Conclusions, Deflategate, domestic violence by players, and so on and so forth.

It wouldn’t be surprising to see fans stop tuning in because they are tired of hearing about a different scandal each week. After a while, everyone gets fed up with the constant, never-ending negative news coming out of the league.

These fans will probably return around the playoffs as long as another giant scandal doesn’t grip the league for the rest of the season. If the scandals keep up, these fans could find something else to watch.

5. Anthem Protest

Just look on Facebook or other social media sites, and you will see articles on folks protesting the protesters in the NFL.

Since players started kneeling during the national anthem, fans have supported and criticized the players involved. Those who dislike the protest have decided not to watch.

Casual fans and those who don’t follow a team regularly are probably the ones more likely to not watch because of the anthem protests. Hardcore Dallas Cowboys, Green Bay Packers, Pittsburgh Steelers and other national-team fans are going to tune in each week.

These fans will come back at some point, but they will probably not watch while they are mad at the players. Few people are that upset over the players to not watch at all, so in reality, this could make up a small number of viewer loss.

4. MLB Playoffs

The ratings for the MLB playoffs are up this year. Why? Because fans have strong interest in the teams still alive this postseason.

They want to see if the Chicago Cubs can break their curse and win their first World Series since 1908. They want to see if the Cleveland Indians can win their first World Series since 1948.

With the playoff games on TBS, MLB Network and FS1, fans are finding channels they don’t normally tune into and watching this postseason.

MLB’s postseason is going to steal more casual fans from NFL games. Everyone wants to see something they have never seen before, and a ton of people have never seen a Cubs or Indians team win the World Series.

These fans will return to football once the World Series is over in late October or early November, depending how long the series lasts. This is one of the few times in recent years that the MLB playoffs have been more compelling than the NFL regular season.

3. Too Much NFL

OK, Snark King, it's your turn.

I've had it in the back of my head to blog about a really offensive post by The Clarion-Ledger's city reporter Brian Eason for weeks now, but it had fallen to the side in the need to report actual news. But while cleaning up my desk today, I started noticing a pattern—first from a clipping of another snarky thing he wrote calling a whole city office stupid, and then I saw a blog post belittling an enterprise story by our staff this week, but without actually saying what was in it or linking to it. So here's my Friday afternoon round-up of what I've been noticing about Mr. Eason's snark, which I assume is meant to be humor, except none of it is funny.

No. 1. Don't dare compare crime to terrorism, dumb little council candidate. After 20-year-old minister Corinthian Sanders decided to get involved enough to run for City Council, he made the mistake of saying that the "terrorism" of crime was one of his top priorities (as if he's the first to ever say that here). Sanders told the Jackson Free Press: "Let’s talk about getting our lawbreakers, criminals—I call them terrorists….(If) you can’t go anywhere without killing someone or robbing someone or terrorizing someone, that’s terror, (and) you’re a terrorist; you’re a domestic terrorist.” The mention of the word terrorism tickled Eason's funny bone. He snarked:

"To my knowledge, no major terrorist attacks have occurred or been planned on our streets, and the Jackson Police Department reported no terrorist incidents in 2012, according to its published crime stats. But maybe that’s what the terrorists want us to think.

"Lest anyone think Sanders is trying to politicize the Boston Marathon bombing, rest assured, his commitment to fighting terrorism on the streets of Jackson predated the explosions at the marathon.

"But while Sanders listed counter-terrorism as his No. 2 priority, right behind “protect, improve and increase affordable housing,” none of his competitors — or, indeed, any other candidates in the entire metro area — mentioned local terrorism as a problem worthy of their consideration.

Eason's blog post shows he later clarified what Sanders meant, and quoted Sanders' above words from the JFP in an addendum to the snark-post, but that nasty horse was out of Eason's barn by then. That's what you get for running for office in Jackson, Corinthian. The ire of a native Dallasonian. And I really don't know what all his references to monkey videos on your Facebook page were about, and don't care.

No. 2. In a post called "Common sense? Not at clerk's office," Eason showed the entire staff of the Jackson city clerk's office not to mess with him, no sir. He was irked that he couldn't get election results from the clerk's office at 11 a.m. the day after the primary. They didn't have certified results available, yet, and gave him a bit of a runaround. OK, it's fair to …