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Articles 1 - 30 of 81
Full-Text Articles in Law
Supreme Court's Decision In Cheek: Does It Encourage Willful Tax Evasion, The , Nicholas A. Mirkay Iii
Supreme Court's Decision In Cheek: Does It Encourage Willful Tax Evasion, The , Nicholas A. Mirkay Iii
Missouri Law Review
The general rule in criminal proceedings is that ignorance of the law or a misunderstanding of the applicability of the law is no excuse. This rule is based on a common law presumption that the law is "definite and knowable" by everyone. Based on the magnitude and complexity of modern tax law, however, special treatment has been accorded to criminal tax offenders, including a bona fide ignorance of the law defense. Yet, disagreement arises as to whether the ignorance or misunderstanding defense should be scrutinized under a subjective or objective standard. With the exception of the United States Seventh Circuit …
Validity Of Local Right-To-Work Ordinances Under Federal And Missouri Law, The , Pamela A. Rolfs
Validity Of Local Right-To-Work Ordinances Under Federal And Missouri Law, The , Pamela A. Rolfs
Missouri Law Review
Section 8(a)(3) of the Taft-Hartley Act regulates union security agreements. Section 8(a)(3) prohibits closed shop agreements, but permits union shop and agency shop agreements that meet certain criteria.2 Section 14(b) of the Taft-Hartley Act allows states to enact laws that are more restrictive than federal law. Section 14(b) permits states to enact right-to work laws, which prohibit union shop and agency shop agreements compelling employees to join or financially support a union.' While section 14(b) makes it clear that federal law will not preempt a state's power to enact right-to-work laws, courts disagree on whether federal law preempts a local …
Drawing The Line: Missouri Adopts The Zone Of Danger Rule For Bystander Emotional Distress, Michael Phillips
Drawing The Line: Missouri Adopts The Zone Of Danger Rule For Bystander Emotional Distress, Michael Phillips
Missouri Law Review
Bass v. Nooney Co. established negligent infliction of emotional distress as an independent tort in Missouri. The Missouri Supreme Court, however, left open the question of if and when a bystander can recover under this cause of action. The question remained unanswered for seven years until the Asaro decision. This Note will first analyze that decision, then focus on the traditional rules and restrictions on bystander recovery, and finally set forth for consideration a proposed rule that is less restrictive than the one adopted by the Missouri Supreme Court.
Of Complicity And Enterprise Criminality: Applying Pinkerton Liability To Rico Actions, Susan W. Brenner
Of Complicity And Enterprise Criminality: Applying Pinkerton Liability To Rico Actions, Susan W. Brenner
Missouri Law Review
The Pinkerton doctrine is a judicially-created rule that makes each member of a conspiracy liable for crimes that other members commit to further their joint criminal design. This Article analyzes the rationale for co-conspirator liability and considers whether it can be enforced under the federal Racketeer Influenced and Corrupt Organizations statute, known as "RICO." Section II(A)outlines the law of complicity, a related doctrine that imposes liability for crimes committed by another under circumstances different from those involved in Pinkerton. Section II(B) traces the origins of the Pinkerton rule and analyzes the premises of Pinkerton liability. The analysis reveals that the …
Supervisory Liability Under 42 U.S.C. Section 1983: Searching For The Deep Pocket, Shari S. Weinman
Supervisory Liability Under 42 U.S.C. Section 1983: Searching For The Deep Pocket, Shari S. Weinman
Missouri Law Review
Suits under 42 U.S.C. section 1983 are complex. Section 1983's theory of constitutional wrongdoing without vicarious liability will seem strange to some practitioners. There are circumstances, however, in which a plaintiff may sue the supervisor of the person who immediately inflicted the injury. This Comment examines the intricacies of supervisory liability as determined by recent United States Supreme Court and circuit court decisions and provides pointers to practitioners. In addition, this Comment suggests an amendment to section 1983.
Employee Refusals To Cooperate In Internal Investigations: Into The Woods With Employers, Courts, And Labor Arbitrators, Marvin F. Hill Jr., James A. Wright
Employee Refusals To Cooperate In Internal Investigations: Into The Woods With Employers, Courts, And Labor Arbitrators, Marvin F. Hill Jr., James A. Wright
Missouri Law Review
Bass v. Nooney Co. established negligent infliction of emotional distress as an independent tort in Missouri. The Missouri Supreme Court, however, left open the question of if and when a bystander can recover under this cause of action. The question remained unanswered for seven years until the Asaro decision. This Note will first analyze that decision, then focus on the traditional rules and restrictions on bystander recovery, and finally set forth for consideration a proposed rule that is less restrictive than the one adopted by the Missouri Supreme Court.
Effects Of Recent Developments On The Telco/Catv Cross-Ownership Prohibitions, The , Philip J. Boeckman
Effects Of Recent Developments On The Telco/Catv Cross-Ownership Prohibitions, The , Philip J. Boeckman
Missouri Law Review
Because of the players' financial stake and the public's interest in cable television, decisions affecting the cross-ownership restrictions probably will be made in one or more forums. This Comment analyzes the cable television market and the effects of telco entry on the CATV industry. It attempts to aid the various forums in considering the effectiveness and necessity of the laws on this crucial issue. First, however, it is important to understand the origins of the cross-ownership prohibitions, current developments in the forums hearing the arguments, and the status of the cable and telecommunications markets.
Future Of Desegregation After Dowell: Returning To Pre-Brown Days, The , Joy Hannel
Future Of Desegregation After Dowell: Returning To Pre-Brown Days, The , Joy Hannel
Missouri Law Review
Court-ordered desegregation is one of the major social controversies of our time. School systems that have long been subject to the remedies of desegregation want to be relieved of judicial intervention and want control returned to the local school board. This desire, however, sometimes conflicts with the mandate in Brown v. Board of Education that "in the field of public education the doctrine of 'separate but equal' has no place." In Dowell, the Supreme Court concluded that local control can be returned to a school board, with the resultant elimination of busing, so long as the district has taken all …
Minnick V. Mississippi: The Supreme Court Reinforces A Suspect's Right To Have Counsel Present During Custodial Interrogation, Nelson G. Wolff
Minnick V. Mississippi: The Supreme Court Reinforces A Suspect's Right To Have Counsel Present During Custodial Interrogation, Nelson G. Wolff
Missouri Law Review
In 1966, the United States Supreme Court handed down the landmark decision of Miranda v. Arizona, which firmly established the fifth amendment as the basis for ruling on the admissibility of confessions. In Minnick v. Mississippi, the Court considered whether police may reinitiate custodial interrogation after a suspect has consulted an attorney. This Note will summarize the facts and holding of Minnick and examine the legal history of the fifth amendment right to counsel from Miranda to Minnick Once this framework is established, the Note will examine the majority and dissenting opinions. Finally, the Note will critically analyze Minnick by …
Index To Subjects Covered In Volume 55
Index To Subjects Covered In Volume 55
Missouri Law Review
Index to Subjects Covered in Volume 57
Table Of Lead Articles/Table Of Special Projects/Table Of Student Articles
Table Of Lead Articles/Table Of Special Projects/Table Of Student Articles
Missouri Law Review
Table of Lead Articles/Table of Special Projects/Table of Student Articles
Preserving Pendent Claims Subject To Special Limitation Periods In Missouri After The Judicial Improvements Act Of 1990, Rosel Rodriquez Pine
Preserving Pendent Claims Subject To Special Limitation Periods In Missouri After The Judicial Improvements Act Of 1990, Rosel Rodriquez Pine
Missouri Law Review
This Comment explains why Missouri's limitation doctrine prevented tolling the limitation period of Hill's state-law claim while it remained in federal court under pendent jurisdiction. This is an issue of first impression in the state. The Comment then explores the difficulties that are likely to arise when the new supplemental jurisdiction tolling provision is invoked by plaintiffs in Missouri.
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Journal of Dispute Resolution
The clouded case law of Section l's employment contract exception presents an opportunity to improve the fairness and function of the Arbitration Act, an opportunity the bench has failed to grasp for nearly a half-century. Part II of this article reviews the case law surrounding the judicial construction of what constitutes a "class of workers engaged in interstate commerce," with courts generally holding that the employment contract exception affects only workers directly involved in interstate movement of objects. This view fails to further the overall goals of the Act and undermines the judicial goal of fairness. Recently, the Supreme Court …
Privileged Communication Extended To The Corporate Ombudsman-Employee Relationship Via Federal Rule Of Evidence 501, Kevin L. Wibbenmeyer
Privileged Communication Extended To The Corporate Ombudsman-Employee Relationship Via Federal Rule Of Evidence 501, Kevin L. Wibbenmeyer
Journal of Dispute Resolution
While there is no universally accepted definition of a corporate ombudsman, many companies view a corporate ombudsman as a neutral manager within a corporation, who may provide informal assistance to both managers and employees in resolving work-related concerns and whose office is located outside of the management structure.2 Serious interest in utilizing a corporate ombudsman did not take a firm hold in the corporate arena until the 1900's.3 Reasons for increased interest in the corporate ombudsman include: an increasingly welleducated employee pool, changing laws and statutes, and stresses associated with huge increases in government contracting.4 Kientzy v. McDonnell Douglas Corp. …
Enforcement Of State Annexed-Arbitration Rules In Federal Courts With Diversity Jurisdiction: Towey V. Catling, John S. Mackey
Enforcement Of State Annexed-Arbitration Rules In Federal Courts With Diversity Jurisdiction: Towey V. Catling, John S. Mackey
Journal of Dispute Resolution
Both state and federal court systems are swamped with litigants. This fact is so widely recognized, repeating it almost seems unnecessary. Courts experiment with a variety of approaches just to pump some of this litigious bilge into alternative forums for resolution. The state of Hawaii sought to lighten its overburdened docket with a Court Annexed Arbitration Program.2 It provides for mandatory submission of certain tort claims to arbitration.' It is non-binding and either party may obtain a trial de novo at its conclusion.4 However, to do so is not without risk. Pursuit of a trial de novo gambles not only …
Arbitration Allocates Costs Of Hazardous Waste Cleanup Claim Under Superfund, Nancy P. O'Brien
Arbitration Allocates Costs Of Hazardous Waste Cleanup Claim Under Superfund, Nancy P. O'Brien
Journal of Dispute Resolution
With the growth in volume and complexity of environmental enforcement cases, alternative dispute resolution (ADR) has assumed increasing importance in the allocation of costs among liable parties. At the same time, the growth is less than might be expected because of obstacles in both the governmental and private sectors. This dichotomy is especially evident in cases involving pollution from hazardous wastes. 4
Confidentiality In Mediation: Status And Implications, Kent L. Brown
Confidentiality In Mediation: Status And Implications, Kent L. Brown
Journal of Dispute Resolution
Mediation is becoming an increasingly popular alternative to formal adjudication. Large mediation programs handling huge numbers of both civil and criminal cases have sprung up in several of the largest cities in the nation. In Tulsa, Oklahoma, when the police write a citation, they often write "mediation" in place of a dollar amount.' The mediation program in Columbus, Ohio, handled over 9,000 cases in a one year period.2 Of those 9,000 cases, 500 ultimately resulted in criminal charges, 3 and twelve resulted in one of the disputants murdering the other.4
Avoiding Farm Foreclosure Through Mediation Of Agricultural Loan Disputes: An Overview Of State And Federal Legislation, Donna L. Malter
Avoiding Farm Foreclosure Through Mediation Of Agricultural Loan Disputes: An Overview Of State And Federal Legislation, Donna L. Malter
Journal of Dispute Resolution
The use of credit played a major role in the growth of agricultural productivity in the United States.' In recent years, however, the financial distress faced by farmers resulted in a record number of farm foreclosures and bank closures in agricultural states. 2 Farm losses are concentrated in the mid-size farms, indicating that the owner-operated farm has been hit the hardest.3 The attendant social and economic turmoil faced by families and communities dependant on agriculture focused attention on the responsibility of federal and state government in preventing further losses within the families and communities that comprise the agricultural sector.
Right To Sue Vs. The Agreement To Arbitrate: The Dilemma In Title Vii Cases, The, Jennifer A. Clifton
Right To Sue Vs. The Agreement To Arbitrate: The Dilemma In Title Vii Cases, The, Jennifer A. Clifton
Journal of Dispute Resolution
In enacting Title VII, Congress specifically gave employees who are victims of discrimination based on race, color, religion, sex, or national origin the opportunity for judicial redress through the federal courts.2 In Alexander v. Gardner-Denver Co.,3 the Supreme Court held that a Title VII suit could be maintained despite a clause in an employment contract providing for the arbitration of all employment disputes. After Alexander, two federal circuit courts followed the Supreme Court's ruling.4 However, a recent trio of Supreme Court decisions favoring contractual agreements for the arbitration of several statutorily-founded claims5 cast doubt upon the continued applicability of Alexander …
Feminist Theory, Professional Ethics, And Gender-Related Distinctions In Attorney Negotiating Styles, Lloyd Burton, Larry Farmer, Elizabeth D. Gee, Lorie Johnson
Feminist Theory, Professional Ethics, And Gender-Related Distinctions In Attorney Negotiating Styles, Lloyd Burton, Larry Farmer, Elizabeth D. Gee, Lorie Johnson
Journal of Dispute Resolution
Historically, law has been a male-dominated profession; only recently has it become possible to consider the woman's experience and perspective with respect to law practice generally and negotiation practice in particular. This paper addresses two gender-related issues: first, are there identifiable gender-related distinctions in the negotiating behavior of attorneys? Second, if there are discoverable differences, are they attributable to ethical perspectives linked to gender? In addressing these questions, this article begins by reviewing the literature on feminist theory, moral development, and negotiation theory. These themes are tied together in a review of the small but growing literature on negotiation ethics. …
Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield
Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.
Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips
Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips
Journal of Dispute Resolution
The issue of injunctive relief pending arbitration stems from the language of the Federal Arbitration Act (FAA), 5 which compels arbitration.16 The instant decision falls within the growing majority of cases holding that the issuance of an injunction to preserve the status quo pending arbitration fulfills the court's obligation under the FAA to enforce a valid agreement to arbitrate. 7
Recent Amendments To The Bankruptcy Code--A Politically Motivated Less Fresh Start, Brian C. Fries
Recent Amendments To The Bankruptcy Code--A Politically Motivated Less Fresh Start, Brian C. Fries
Missouri Law Review
No abstract provided.
Reasonably Necessary Expenses Or Life Of Riley: The Disposable Income Test And A Chapter 13 Debtor's Lifestyle
Missouri Law Review
No abstract provided.
Bankruptcy, Contracts And Utilitarianism , Anita F. Hill
Bankruptcy, Contracts And Utilitarianism , Anita F. Hill
Missouri Law Review
No abstract provided.
Statutory Authority For Bankruptcy Judges To Conduct Jury Trials: Fact Or Fiction, Kevin P. Mcdowell
Statutory Authority For Bankruptcy Judges To Conduct Jury Trials: Fact Or Fiction, Kevin P. Mcdowell
Missouri Law Review
No abstract provided.
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Missouri Law Review
No abstract provided.