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Turning Back The Clock: Reexamining Powel V. Chaminade And The "Capable Of Ascertainment" Standard In Priest Sexual Abuse Litigation, Lauren A. Standlee
Turning Back The Clock: Reexamining Powel V. Chaminade And The "Capable Of Ascertainment" Standard In Priest Sexual Abuse Litigation, Lauren A. Standlee
Lauren A Standlee
Missouri courts, like most others around the nation, continue to confront the dilemma of how to administer justice when faced with statute of limitations, on one hand, and a victim of childhood sexual abuse by a clergy member, on the other. The Missouri Supreme Court decided Powel v. Chaminade in 2006 and discussed how to apply the statute of limitations, governed in Missouri by the "capable of ascertainment" test, to cases of repressed memory. The article argues that post-Powel Missouri plaintiffs and their attorneys have erroneously viewed Powel’s holding as an invitation to file non-meritorious lawsuits; suits that remain barred …
Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren A. Standlee
Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren A. Standlee
Lauren A Standlee
Beginning in 1990, states began enacting statutes for the involuntary civil commitment of sexually violent predators. Missouri amended its Sexually Violent Predator Act in 2006. Significantly, the Missouri Legislature reduced the burden of proof necessary to commit such individuals, and implemented a program for their conditional release. The Missouri Supreme Court recently addressed the amendments in In re Van Orden, and upheld the lower burden of proof against constitutional attack. Focusing on Supreme Court of the United States' precedent, the article argues that the 2006 amendments are a blemish on the legislature and the judiciary alike. The paper asserts that, …