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Articles 31 - 60 of 78
Full-Text Articles in Law
Citizen Suits Under The Endangered Species Act: The United States Supreme Court Expands The Zone Of Interests Test. Bennett V. Spear , Stacy Nagel
Journal of Environmental and Sustainability Law
No abstract provided.
Balancing Local Concerns With Cercla Policies: The Importance Of Perspective In Considering The Application Of Federal Mandate. State Of Missouri V. Independent Petrochemical Corporation , Eric Walter
Journal of Environmental and Sustainability Law
No abstract provided.
Unconstitutionality Of The Missouri Legislative Veto: An Environmental Group's Effect On The Constitutional Landscape. Missouri Coalition For The Environment V. Joint Committee On Administrative Rules, Stephen Davis
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.
New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner
New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner
Missouri Law Review
Between 1917 and 1923 over 800 women worked for the United States Radium Corporation ("USRC") in Orange, New Jersey handpainting wrist-watch faces with a substance made luminescent by radioactive materials. While these workers were exposed to injurious, even mortal, levels of radiation, less than a dozen received any compensation for their injuries. These features compounded the workers' legal problems once they entered the formal legal system by dramatically complicating attempts to prove causation, by raising the specter of the statute of limitations defense, and by playing a major role in the settlement negotiation process. As a consequence, even when some …
Is Strict Product Liability In Tort Identical To Implied Warranty In Contract In The Context Of Personal Injuries, Sean M. Flower
Is Strict Product Liability In Tort Identical To Implied Warranty In Contract In The Context Of Personal Injuries, Sean M. Flower
Missouri Law Review
Product liability has evolved from a combination of contract and tort theories. Under current contract analysis a manufacturer is liable for injuries resulting from a product which is "unmerchantable," while under strict liability in tort a manufacturer is liable for injuries resulting from a product which is "defective.” The majority of legal scholars and jurisdictions have found that in the area of personal injury these two underlying tests are synonymous. This means, in effect, that all products found unmerchantable should also be found defective, and vice versa.
Structural Change And Inter-Professional Competitive Advantage: An Example Drawn From Residential Real Estate Conveyancing, Michael Braunstein
Structural Change And Inter-Professional Competitive Advantage: An Example Drawn From Residential Real Estate Conveyancing, Michael Braunstein
Missouri Law Review
This article examines the role of attorneys and other professionals in a highly structured and routine transaction-residential real estate conveyancing. The article explains how United States lawyers lost the monopoly they once enjoyed over residential real estate conveyancing and how structural change, whether economic, technological, or both, influences the demand for professional, including legal services. Part II of this article reviews the academic literature concerning the role of the lawyer in residential real estate transactions. Part III analyzes the structural changes that resulted in the marginalization of lawyers in the residential transaction and demonstrates how the change in structure of …
Plain English Or Plain Confusing, Dylan Lager Murray
Plain English Or Plain Confusing, Dylan Lager Murray
Missouri Law Review
A "presumption of perfection" attaches to the pattern instructions that Missouri judges read to jurors in every civil case.' Missouri law presumes that these instructions, as set forth in Missouri Approved Jury Instructions("MAI") Fifth Edition, are not only infallible statements of the law, but also perfectly comprehensible to the average juror. Even if jurors in a given case complain that they do not understand a particular pattern instruction, the trial judge is without recourse, required to leave these instructions undisturbed even if a more understandable improvement might result. In contrast to the emphasis in many states upon legal accuracy,' as …
Missouri Non-Partisan Court Plan: A Dinosaur On The Edge Of Extinction Or A Survivor In A Changing Socio-Legal Environment, The, Jay A. Daugherty
Missouri Non-Partisan Court Plan: A Dinosaur On The Edge Of Extinction Or A Survivor In A Changing Socio-Legal Environment, The, Jay A. Daugherty
Missouri Law Review
Surveys have shown that as America's distrust of the political system increases, so does its unfavorable perception of the judiciary. This article focuses on the challenges to the merit selection of judges. It will provide a historical overview of the Missouri Non-Partisan Court Plan ("the Plan") and its expansion across the country. The article will explore the positive and negative aspects of the Plan and examine traditional criticisms levied against it. Declining voter confidence in merit system states will be discussed, and the article will analyze and report on declining retention percentages in Missouri and their implications on the Plan. …
One Step Forward, Two Steps Back: The Recognized But Undefined Federal Psychotherapist-Patient Privilege, M. Brett Fulkerson
One Step Forward, Two Steps Back: The Recognized But Undefined Federal Psychotherapist-Patient Privilege, M. Brett Fulkerson
Missouri Law Review
Instead of demanding every man's evidence, as is the general presumption, courts recognize the need for some evidence to remain private. Federal Rule of Evidence 501 governs federal evidentiary privileges without defining or identifying specific privileges. As a result, courts have developed privileges on a case-by-case basis, including the recognition of a psychotherapist-patient privilege. As different circuits pass judgment on the psychotherapist-patient privilege, conflict inevitably arises. Some circuits simply reject the privilege, while others recognize the privilege but apply it differently. The recognition of the psychotherapist-patient privilege was the necessary first step, but leaving the privilege undefined encourages litigation and …
Constitutionality Of Power Of Sale Foreclosures By Federal Government Entities, The, Daniel E. Blegen
Constitutionality Of Power Of Sale Foreclosures By Federal Government Entities, The, Daniel E. Blegen
Missouri Law Review
When loaning money, lenders often require that obligations be secured by a mortgage on real estate owned by the borrowers. In Missouri, the prevailing form of mortgage is the deed of trust with a power of sale provision. Upon default the trustee is allowed to sell the property without a judicial hearing and after giving only limited notice.' The constitutionality of nonjudicial power of sale foreclosures is well settled as applied to private lenders because of the lack of state or federal notice requirements for the particular county, and the mortgagor's only recourse is to pay the entire amount due …
Attorney's Thoughts Remain Inviolate: The Missouri Supreme Court Protects Intangible Work Porduct, An, Kristen Scott Beerly
Attorney's Thoughts Remain Inviolate: The Missouri Supreme Court Protects Intangible Work Porduct, An, Kristen Scott Beerly
Missouri Law Review
The work product rule provides that the tangible and intangible results of an attorney's trial preparation are protected from discovery. This protection extends to the thoughts, mental impressions and opinions of an attorney, as well as to trial preparation materials However, Missouri Rule of Civil Procedure 56.01(b)(4), which sets out the work product rule, refers only to "documents and tangible things" prepared in anticipation of litigation. In 1993, two Missouri appellate courts considered whether intangible work product is protected in Missouri and reached opposite conclusions. In State ex rel. Atchison, Topeka, Santa Fe R.R. Co. v. O'Malley, the Missouri Supreme …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri's Coal Industry Under Fire: Has The Time Come For The Regulation Of Missouri's Charcoal Producers?, John Ellis
Missouri's Coal Industry Under Fire: Has The Time Come For The Regulation Of Missouri's Charcoal Producers?, John Ellis
Journal of Environmental and Sustainability Law
No abstract provided.
The Hancock Amendment And The Increasing Burden On Missouri Environmental Programs. Missouri Municipal League V. State , Matthew D. Turner
The Hancock Amendment And The Increasing Burden On Missouri Environmental Programs. Missouri Municipal League V. State , Matthew D. Turner
Journal of Environmental and Sustainability Law
No abstract provided.
The Clean Air Act's Accidental Release Program: An Overview, Robert J. Lambrechts
The Clean Air Act's Accidental Release Program: An Overview, Robert J. Lambrechts
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.
Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, The, George A. Martinez
Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, The, George A. Martinez
Missouri Law Review
Should a bankruptcy court's judgment bar further litigation of claims arising out of the series of events at issue in the bankruptcy proceeding based on the doctrine of res judicata? Or should res judicata apply only where the subsequent action would constitute a core,' as opposed to non-core, but related proceeding? These questions raise important procedural and constitutional issues about which the courts of appeals are currently split. In 1984, Congress responded to Northern Pipeline by enacting 28 U.S.C. § 157, which authorizes bankruptcy judges to hear all core proceedings arising under the bankruptcy code. The 1984 Act provides that …
In Memory Of Jo Ann Humphreys, Associate Director Of The Umc School Of Law Library, Martha J. Dragich
In Memory Of Jo Ann Humphreys, Associate Director Of The Umc School Of Law Library, Martha J. Dragich
Missouri Law Review
Jo Ann Humphreys, Associate Director of the Law Library, died of ovarian cancer on October 19, 1996. She struggled valiantly against this dreadful disease for many months, and endured difficult treatments with courage, nobility and grace that amazed us all.
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Missouri Law Review
Remarks from United States District Judge Nanette Laughrey during her investitute ceremony on September 27, 1996.
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Missouri Law Review
In October 1994, Congress approved the Bankruptcy Reform Act of 1994,' which revised various provisions of the United States Bankruptcy Code. The revisions included two amendments to the preference statute, 11 U.S.C. §547. Historically, a creditor generally could preserve from preference attack an otherwise voidable purchase money security interest if the creditor perfected its security interest no later than the tenth day after the debtor first possessed the collateral. After first discussing the basics of a preference attack on an Article Nine security interest, this article summarizes the leading cases that prompted Congress to amend 11 U.S.C. § 547(c)(3)(B), suggests …