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Articles 1 - 30 of 117
Full-Text Articles in Entire DC Network
Family Fundamentals, Richard C. Reuben
Family Fundamentals, Richard C. Reuben
Faculty Publications
On the surface, ML.B. v. S.L.J., No. 95-853, hardly seems worthy of the nation's highest court, in part because our scheme of federalism generally leaves issues such as child custody to state law. But peeling back the layers of this case reveals the potential for a significant ruling on the constitutional treatment of family relationships, fundamental rights and access to courts for civil proceed with a appeals.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Federal Tax Treatment Of Environmental Clean-Up Costs: An Ever Changing Doctrine , Joan M. Swartz
Federal Tax Treatment Of Environmental Clean-Up Costs: An Ever Changing Doctrine , Joan M. Swartz
Journal of Environmental and Sustainability Law
No abstract provided.
Allowing States To Avoid Accountability: A Death Knell For Private Enforcement Of Federal Environmental Laws? Seminole Tribe Of Florida V. Florida, Melissa Mcallister
Allowing States To Avoid Accountability: A Death Knell For Private Enforcement Of Federal Environmental Laws? Seminole Tribe Of Florida V. Florida, Melissa Mcallister
Journal of Environmental and Sustainability Law
No abstract provided.
What Happened?: U.S. District Court Rules Cercla Not Retroactive And Unconstitutional Under The Commerce Clause. United States V. Olin Corp. , Mitch Burgess
What Happened?: U.S. District Court Rules Cercla Not Retroactive And Unconstitutional Under The Commerce Clause. United States V. Olin Corp. , Mitch Burgess
Journal of Environmental and Sustainability Law
No abstract provided.
Eighth Circuit Declares New Law For Owners Of Land Encumbered By Fws Easements: Drain Those After-Expanded Wetlands, But Ask Nicely First. United States V. Johansen, Laura Krasser
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Standing For Potentially Responsible Parties Under Sec. 107 And 113 Of Cercla: Laidlaw Waste Systems Inc. V, Mallinckrodt Specialty Chemicals , Edward S. Stevens
Standing For Potentially Responsible Parties Under Sec. 107 And 113 Of Cercla: Laidlaw Waste Systems Inc. V, Mallinckrodt Specialty Chemicals , Edward S. Stevens
Journal of Environmental and Sustainability Law
No abstract provided.
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Missouri Law Review
People are articles of commerce, or so the United States Supreme Court held in 1941, emphasizing that the issue was "settled beyond question." At the time, Justice Jackson expressed some discomfort with the theory that "the migrations of a human being... [are] commerce." The Court, however, has not wavered from this analytical position. Indeed, like many legal constructs, it has inspired little reflection. My hope is to search for what Toni Morrison describes as "the shadows of the presence from which the text has fled."" I believe that the Court's nineteenth-century opinions on immigration under the Commerce Clause reveal the …
Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne
Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne
Missouri Law Review
The following bibliography was compiled to assist lawyers and scholars in researching agricultural law topics.
Law Of Directed Trustees Under Erisa: A Proposed Blueprint For The Federal Courts, The, Colleen E. Medill
Law Of Directed Trustees Under Erisa: A Proposed Blueprint For The Federal Courts, The, Colleen E. Medill
Missouri Law Review
Congress enacted the Employee Retirement Income Security Act ("ERISA"), the federal law governing private employer-sponsored employee benefit plans, over twenty years ago. Since that time, private retirement plan funds have become an even more dominant element of United States savings and capital markets. In 1992, the most recent year for which data is available, private retirement plan assets exceeded two trillion dollars, almost a ten-fold increase over 1975 asset levels. "Discretionary" trustees have exclusive discretionary authority to manage and control plan assets.' "Directed" trustees manage and control plan assets subject to the directions of another fiduciary named in the document …
Stepparent Adoption And Involuntary Termination Of Parental Rights: When Petitioners Come To Court With Unclean Hands, Karl A. W. Demarce
Stepparent Adoption And Involuntary Termination Of Parental Rights: When Petitioners Come To Court With Unclean Hands, Karl A. W. Demarce
Missouri Law Review
Missouri courts have repeatedly been presented with situations where the petitioners for involuntary termination of parental rights and stepparent adoption have actively interfered with the non-custodial parent's relationship and visitation rights with the child, prior to bringing the action. This Note contends that where the custodial parent and his/her new spouse have significantly interfered with the non-custodial parent's relationship with the child, the equitable maxim of "unclean hands" should be invoked and the doors of the juvenile court closed to the petitioners seeking a termination of parental rights and stepparent adoption.6 Although adoption is a purely statutory action, it clearly …
Balancing The Equities: Is Missouri Adopting A Progressive Rule For Relocation Of Easements, Douglas B. Harris
Balancing The Equities: Is Missouri Adopting A Progressive Rule For Relocation Of Easements, Douglas B. Harris
Missouri Law Review
The Missouri law of easements might not be the place one would expect to find a progressive development of the law. Over the past four decades, some courts have begun to shake up Missouri's approach to relocation of easements, while still paying lip service to the old rules. Although Missouri courts have neither openly nor uniformly recognized the new approach, it nonetheless guides some courts' decisions. With a few distinctions, Missouri courts have experimented with what amounts to adoption of the Restatement (Third) of the Law of Property's progressive stance.' An examination of Umphres reveals this modem approach to a …
Active Employment Standard: Much-Needed Clarification For Determining Liability For Use Of A Weapon During The Commission Of A Drug-Related Crime, The, Tiffany Gulley Becker
Active Employment Standard: Much-Needed Clarification For Determining Liability For Use Of A Weapon During The Commission Of A Drug-Related Crime, The, Tiffany Gulley Becker
Missouri Law Review
In Bailey v. United States, the Supreme Court reduced the confusion caused by an era of contradiction among the circuits regarding the standard necessary to maintain a conviction for "us[ing]" a firearm "during and in relation to" a drug trafficking crime. In its seeming departure from an earlier authorization of a broad definition of "use," the Supreme Court altered its course and provided a new and clearer test for criminal liability under this section. In so doing, the Court settled the ultimate question debated so intensely in the circuit courts of appeal and emerged with a more workable standard.
Everything You Wanted To Know About Missouri's Public Policy Exception But Didn't Know You Should Ask, Joseph H. Knittig
Everything You Wanted To Know About Missouri's Public Policy Exception But Didn't Know You Should Ask, Joseph H. Knittig
Missouri Law Review
In a wrongful discharge action based on the public policy exception to the employment-at-will doctrine courts created a sleeper claim favoring terminated at will employees.' Generally, Missouri courts categorically constrain the public policy exception in a narrow and clear cut fashion. However, some Missouri courts pushed and rubbed at the bright lines of those categories and created a hazy area of unpredictability in the exception. In addition, federal courts interpreting the Missouri public policy exception introduced a significant pre-emption dispute which Missouri state courts have yet to address.
Life After Adarand: The Future Is Not So Clear, Charles J. Dykhouse
Life After Adarand: The Future Is Not So Clear, Charles J. Dykhouse
Missouri Law Review
African-American scholar and statesman W.E.B. DuBois "predicted in 1908 that the question of this century would be the 'color-line,' meaning the relations between the white and African-American races." The Supreme Court of the United States has now decided in Adarand that any such program, whether federal, state, or local, must be analyzed with strict scrutiny to determine if it violates the Equal Protection Clause. In so doing, the Court dramatically changed the landscape of affirmative action programs in this country.
Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Crime Legislation And The Public Interest: Lessons From Civil Rico, Douglas E. Abrams
Faculty Publications
This Securities Symposium provides an opportunity to evaluate civil RICO's place in American law at the end of the private remedy's first quarter-century. In its essence, civil RICO is the unfortunate product of crime legislation hastily enacted in the heat of a national political campaign. Rushing toward adjournment, Congress enacted RICO on October 12, 1970 as Title IX of the omnibus Organized Crime Control Act (OCCA). President Nixon signed the OCCA on October 15. Less than three weeks later, Americans preoccupied with crime went to the polls in off-year congressional elections after a shrill campaign dominated by ‘law and order‘ …
Volume 19, Issue 2 (Fall 1996)
In Pursuit Of Health, Richard C. Reuben
In Pursuit Of Health, Richard C. Reuben
Faculty Publications
Managed-care advocates praise its cost controls on treatments for beginning to tame the health care beast, which devoured nearly 14 percent of the nation's gross domestic product in 1994, according to the U.S. Department of Health and. Human Services. Such belt-tightening is necessary to allocate health care dollars rationally, advocates contend, pointing to direct patient costs as proof that a healthy balance has been achieved. But critics contend that managed care is more about making money than saving it. Even though costs have gone down, they argue, premiums have remained high and corporate profits have soared. More significantly, they charge …
The Lawyer Turns Peacemaker, Richard C. Reuben
The Lawyer Turns Peacemaker, Richard C. Reuben
Faculty Publications
No doubt millions of people and businesses have benefited from simpler, less stressful modes of dispute resolution. Moreover, ADR is primed for much greater growth, as witnessed by the breathtaking expansion of court-related programs, the rush of lawyers and nonlawyers alike to mediation training seminars, and the pledge of thousands of businesses and large law firms to consider ADR options. But the child born of necessity is still, at best, teetering between adolescence and adulthood. For all of its potential to reshape the ways problems are solved, it still shows a dark side-coercion, conflicts, competency issues and commercialism -that leaves …
The Restatement's Rejection Of The Misappropriation Tort, Gary Myers
The Restatement's Rejection Of The Misappropriation Tort, Gary Myers
Faculty Publications
Some legal theories, like the proverbial vampire, refuse to die. The common law tort of misappropriation is one such legal theory, and the recent Restatement (Third) of Unfair Competition (Restatement) may finally lead to the demise of this outdated cause of action. Misappropriation began advisedly enough as a means of protecting certain intellectual property rights from unjust usurpation, often by direct competitors employing improper means. Arising before comprehensive copyright, patent, and trademark laws were fully developed, the tort may have played an important role in protecting intangible proprietary interests.The tort's high water mark was the 1918 Supreme Court decision in …
The Authority Of A Guardian To Commit An Adult Ward, David M. English
The Authority Of A Guardian To Commit An Adult Ward, David M. English
Faculty Publications
Placement in a mental health facility may be made through either a voluntary or involuntary commitment. Involuntary commitment usually requires a number of protective safeguards, including a court hearing, the appointment of counsel, and the meeting of a statutory criterion such as danger to self or others. Voluntary commitment is much more informal, with a written application and clinical assessment being all that is normally required. Most voluntary commitments are made upon application.of a patient who has the ability to give informed consent. But in a substantial number of states an individual also may be committed by his or her …
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Journal of Dispute Resolution
This Comment will focus on the development of this debate, the positions taken by the courts, and a possible resolution of these issues by the SROs themselves.9 Specifically, Part II briefly discusses the development of arbitration in the United States; Part III discusses the issues surrounding the debate, including what positions the courts have taken; and Part IV discusses the possible resolution of this debate by amendment to the SRO codes.
Judicial Review Of Contract Interpretation By Labor Arbitrators: Whose Brand Of Industrial Justice - Houston Lighting & (And) Power Co. V. Int'l Bhd. Of Elec. Workers, Local Union No. 66, Michael G. Munsell
Journal of Dispute Resolution
The United States Supreme Court has prescribed the deference owed to an arbitrator's interpretation of labor agreements. The Court's decisions have made clear the narrow grounds upon which an arbitration award may be reversed. In Houston Lighting & Power Co. v. Int'l Bhd of Elec. Workers, Local Union No. 66, the employer claimed that the labor arbitrator had exceeded his authority by misinterpreting the labor agreement. The Fifth Circuit Court of Appeals had to weigh the policy of deference to the arbitrator's interpretation against the need to ensure that the arbitrator acted within the authority which the parties to the …
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Journal of Dispute Resolution
The environmental dispute resolution field has grown rapidly since its advent in 1973, when two mediators, Gerald Cormick and Jane McCarthy, undertook the first documented attempt to settle an environmental dispute.' Since this initial effort, the use of mediation in environmental disputes has grown rapidly, leading to the continual evolution and improvement of the field. Despite this progress, mediation in environmental disputes remains as it began: a hotly contested issue, with prominent and influential commentators vigorously debating whether it is an appropriate device to resolve environmental disputes
Primer On Competitive Bargaining, A, Gary Goodpaster
Primer On Competitive Bargaining, A, Gary Goodpaster
Journal of Dispute Resolution
The aim of this Article is to explore the competitive bargaining strategy in depth. Because competitive negotiation behavior is common, and sometimes advisable, one must understand it well to master negotiation practice. Knowing how competitors operate enables a negotiator to recognize competitive bargaining when it occurs and to deal with it affirmatively by transforming a competitive negotiation into a cooperative one or defensively by countering competitive moves. Furthermore, even parties who negotiate cooperatively sometimes compete. For example, negotiators may create a win-win situation by cooperating to "increase the size of the pie" to be divided between them. Nonetheless, they still …
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Journal of Dispute Resolution
Formal dispute resolution, long thought to be the province of the state, seems to have piqued the interest of the private sector in recent years as a possible sphere of activity. In settings where courts are clogged and criminal cases are forcing civil cases off the calendar, where public juries are perceived as "out of control," and where many individuals are disillusioned with incremental tort reform; a growing number of private individuals are selling their services as neutrals to facilitate dispute resolution. For-profit firms, both independent and national networks, are springing up and positioning themselves in major metropolitan areas. Nonprofit …