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MISSISSIPPI LAW JOURNAL Seventy-Fifth Anniversary VOLUME 73 SPRING 2004 NUMBER4 It's how you know the way... ...in the confusing world of information It's how you know the spirit of your work will shine through the clutter of information. It's how you know your insights are valid. It's how you know that LexisNexis"' has rich, superior content, easy-to-use Web solutions and support for all aspects of your work, to help elevate your success. It's how you know you're moving ahead in the right direction. fttarf LexisNexis It's how you know™ Explore LexisNexis @ www.lexisnexis.coi LexisNexisandtheKnowledgeBurstlogoaretrademarksofReedElsevierPropertiesInc.,usedunderlicense. It'sHowYouKnowisatrademarkofLexisNexis,adivisionofReedElsevierInc. ©2001 LexisNexis,adivisionofReedElsevierInc. Allrightsreserved. RECENT DECISIONS OF THE MISSISSIPPI SUPREME COURT AND THE MISSISSIPPI COURT OF APPEALS Keep your office informed with a subscription to the Recent Decisions of the Mississippi Supreme Court and Court ofAppeals. Briefs of the Mississippi Supreme Court and Mississippi Court ofAppeals are written by Journal members and mailed by Tuesday ofthe week after the decisions are rendered, or e- mailed by Monday of the week after the decisions are rendered, several weeks before cases are printed in the regional reporter. You can receive this weekly publication and be up to date for $75 per year for hard copy; $65 per year for e- mail-an indispensable service! Subscribe now, or write for a free sample ofthe most current briefs. Mississippi Law Journal P.O. Box 849 University, Mississippi 38677-0849 The Mississippi Law Journal is generally published three times annually during a school year (September through August). The current subscription publication schedule is Fall, Winter and Spring issues as well as a Special Edition. Editorial and business offices: Post Office Box 849, University, Mississippi 38677. Current subscription: $35.00 per year. Single issue: $12.00. Subscriptions are renewed automatically upon expiration unless the subscriber sends a notice oftermination. Change of address: Send address changes directly to the Mis- sissippi Law Journal. Include name, new address (including zip code) and old address. Please notify the Journal forty-five days in advance to ensure prompt delivery. Unless a claim is made for non- receipt ofthe Journal within six months after the mailing date, the Mississippi Law Journal cannot be held responsible for supplying those issues without charge. Third class postage paid at University, Mississippi 38677 and additional mailing offices. Contributors are requested to submit manuscripts in 12-point font, double-spaced in hard copy form and on a 3.5" diskette in WordPerfect 8 or 10 or an easily convertible format. Submissions may be sent electronically to: [email protected]. All mailed submissions should be addressed to: Executive Articles Editor Mississippi Law Journal P.O. Box 849 University, MS 38677 Citations should conform to THE BLUEBOOK: A UNIFORM SYS- TEM of Citation (17th ed. 2001). The Mississippi Law Journal is a member ofthe National Con- ference ofLaw Reviews. To offer its contributors complete freedom, the Journal assumes no responsibility for the views expressed herein. Robert C. Khayat Endowment Scholarship The Mississippi Law Journal established the endowment in February of 1995 to honor the dedicated service of Robert C. Khayat, former Law Journal member, professor and current University Chancellor. The purpose of the endowment is to assist distinguished men and women of the Journal in the pursuit oftheir legal education at the University of Mississip- pi. As of June 30, 2003, the corpus of the endowment was $46,291.48. Each year deserving Journal members are awarded scholarships as selected by the Executive Board of the Journal. This year $1,000 was awarded to Journal members. Please help us increase the corpus of the endowment so that we can increase the number and size ofthese scholarships. Checks should be made payable to and mailed to: The University ofMississippi Foundation Post Office Box 8288 MS University, 38677 Please note on your check that your gift is designated for the Robert C. Khayat Scholarship Endowment. Contributions are tax deductible. C. JACKSON WILLIAMS, DirectorofLegal WritingProgram andActing Assistant Professor ofLaw Law Journal Mississippi Published by Students at the University of Mississd?pi School of Law VOLUME 73 SPRING 2004 NUMBER 4 Copyrightc2004Mississippi LawJournal, Inc. Editor-in-Chief CoreyD. Hinshaw Executive Editor Margaret C. Povall Articles Editors Business Manager Michelle Clingan-Waits Thomas E. Walker, Jr. Melissa A. Rose Mary Frances Stallings Notes & Comments Editor Mississippi Cases Editor Geoffrey P. Vickers Jesse C. Neil Associate Editors Articles Editors Developmental Editor Emily E. Cox Anthony P. Zana BethanyT. Greenoe G. Lane Knight Symposium Editor Bradley C. Moody Brooke N. Williams Joshua L. Rogers Kristen E. Wood Mississippi Cases Editors Clayton A. Dabbs, Sr. Nicholas H. Manley C. Tyson Nettles Notes and Comments Editors Membership Director KlMBERLYA. EASLEY Ann S. Russell William E. Sheumaker AdministrativeAssistant FacultyAdvisors Peggy C. Nail Deborah H. Bell Matthew R. Hall RobertA. Weems Staff Christyn L. Baldwin Jason L. Nabors Christopher M. Bass M. Shane Painter Chris L. Brannon Amanda R. Poe Kristopher W. Carter C. Jeremy Pope Erin V. Everett Clayton C. Purdom Zachary H. Greene D. Mark Richardson Douglas B. Hargett Ryan R. Sadler C. Meade Hartfield Paul G. Sherman Ann M. Heidke Brian C. Smith Michael J. Holley Darrell J. Solomon Amy E. Jenkins Graham E. Sutliff Douglas A. Jennings Mitchell D. Thweatt Brandon L. Jolly Darrell C. Tucker, II Jennifer B. Kimble Ashley C. Tullos Elise M. Kochtitzky Clint D. Vanderver Jennifer A. Lawrence Lindsay G. Watts Katie Lyn Lofton Jonathan R. Werne Elizabeth F. Minor Law Mississippi Journal Published by Students at the University ofMississippi School ofLaw VOLUME 73 SPRING 2004 NUMBER 4 Copyright92004Mississippi LawJournal, Inc. TABLE OF CONTENTS MEMORIAL AND DEDICATION TO PROFESSOR TOM MASON David W. Case i William M. Dalehite, Jr. v Robert C. Khayat vii RobertA. Weems ix ARTICLE Checking Up on the Medical Malpractice Liability Insurance Crisis in Mississippi: Are Additional Tort Reforms the Cure? E. Farish Percy 1001 THE MUTUAL FUND SUMMIT Contextand Commentary MercerE. Bullard 1129 Transcript 1153 FINAL REPORT OF THE SUPREME COURT OF MISSISSIPPI TASK FORCE ON GENDER FAHINESS Introductory Comments John W. Winkle III 1213 Official Final Report 1219 In Memoriam This volume of the Mississippi Law Journal is proudly dedicated to the memory of Professor Tom Mason, a longtime professor, mentor and friend to many students, faculty and staff who have been a part of the University of Mississippi School of Law during the last three decades. There are countless current and former students and colleagues who are grateful to have learned from such a wise man and who are all better for having known him. Among his many contributions to legal scholarship and the Mississippi legal community were his numerous practi- cal and insightful articles published in the Mississippi Law Jour- nal. The following memorial passages are a testament to his profound influence and presence at the law school as well as his integrity and kindheartedness as a person. It is with deep sad- ness that we mourn his passing but with great fondness that we remember his contributions and his spirit. Corey D. Hinshaw 2003-2004 Editor-in-Chief