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Eighth Circuit Loosens The Grip Of The Bankruptcy Gag Rule, But Holds Attorneys To Advertising Disclosure Requirement, The, Bethany R. Findley
Eighth Circuit Loosens The Grip Of The Bankruptcy Gag Rule, But Holds Attorneys To Advertising Disclosure Requirement, The, Bethany R. Findley
Missouri Law Review
The Court of Appeals for the Eighth Circuit, in a case of first impression, struck down a provision of the 2005 bankruptcy reform law that prohibits attorneys from advising their clients to incur more debt in contemplation of filing for bankruptcy. At the same time, the court upheld a provision of the Bankruptcy Code that compels attorneys to include a specified disclosure within their bankruptcy-related advertisements. The court's rationale for striking down the Code's restriction on attorney advice was that its broad application restricted attorneys from rendering advice that in some situations would be entirely lawful and beneficial to their …
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Missouri Law Review
This paper will examine some theoretical aspects of contractual non-disclosure and the related doctrine of unilateral mistake. These two legal rubrics are conceptually similar; each is concerned with the degree to which parties must communicate their understandings about the nature of the contract into which they are about to enter. If one party fails to reveal enough information, the other party may enter into the agreement under a misunderstanding and consequently may attempt to avoid contractual liability on the basis of mistake or on a theory of nondisclosure. The law of contracts clearly attaches a great deal of importance to …
Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone
Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone
Missouri Law Review
This article describes a program of research that applies social analytic jurisprudence to test some of the assumptions in consumer bankruptcy law and policy.4 Our work first seeks to describe selected provisions from the newly enacted bankruptcy amendments that pertain to enhanced disclosure requirements, and then to locate some of the behavioral assumptions implicit in these provisions. 5 Next, we assess the accuracy of these assumptions based on an experiment that we conducted looking at a simulated online shopping trip that we constructed specifically to test the effects of enhanced disclosure
Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel
Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel
Missouri Law Review
The common law approach to disclosure of latent defects in real property was caveat emptor, which meant sellers had no duty to disclose latent defects to purchasers.2 Most modem courts have mitigated the harshness of the doctrine by adopting a system that mandates disclosure by a seller of any latent defect3 material to the purchaser's decision to buy the property and whose existence is known by the seller. Droz v. Trump highlights a growing trend among a number of Missouri courts willing to further narrow the seller protections of caveat emptor in favor of protecting innocent purchasers of real property. …
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
Missouri Law Review
Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri Law Review
The Truth in Lending Act, which became effective on July 1, 1969, regulates credit transactions which are to some extent the subject of existing state and local regulations. This local legislation is anything but uniform, and the hodgepodge of existing state law varies greatly in scope and intensity. The federal law provides that a creditor shall not be required to comply with any state law requirements which are inconsistent with the demands of the federal statute. The proposition has been asserted, however, that to the extent state laws are consistent with the federal rules (i.e. contain substantive provisions which are …
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Missouri Law Review
The Securities and Exchange Commission formed an internal study group in November, 1967, to examine the operation of the disclosure provisions of the Securities Act of 1983 (hereinafter referred to as the '33 Act), the Securities Exchange Act of 1934 (hereinafter referred to as the '34 Act), and SEC rules and regulations thereunder. This study group (hereinafter referred to as the Study) was under the direction and supervision of SEC Commissioner Francis M. Wheat. In March, 1969, the Study made its report to the SEC of its findings and proposals. The report is entitled Disclosure to Investors-A Reappraisal of Administrative …
Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney
Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney
Missouri Law Review
The present Missouri privilege statute is as follows: The following persons shall be incompetent to testify: .... a physician or surgeon, concerning any information which he may have acquired from any patient while attending him in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician or do any act for him as a surgeon. Even though the statute speaks of being "incompetent to testify" the statute has been interpreted to mean that it creates a physician-patient privilege. To claim the benefit of this statute two requirements must be met. First, …