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University of Missouri School of Law

Journal

2011

Missouri

Articles 1 - 5 of 5

Full-Text Articles in Law

Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak Nov 2011

Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak

Missouri Law Review

The competing standards of Internet libel jurisdiction reflect the tensions between the forum state's interest in providing convenient recovery for its injured residents and the defendant's constitutional right to foresee where he might be subject to jurisdiction. In an effort to pursue these two goals as well as integrate modem Internet-related concerns, lower courts have derived numerous divergent tests for Internet libel jurisdiction, leaving the issue in a state of disorder and ambiguity. To analyze this problem, this Note will first survey the historical background of traditional personal jurisdiction principles, with particular emphasis on the U.S. Supreme Court's Calder "effects" …


Unconditional Acceptance: The Supreme Court Of Missouri's Interpretation Of Missouri Revised Statutes Section 167.131, Missy Mccoy Jun 2011

Unconditional Acceptance: The Supreme Court Of Missouri's Interpretation Of Missouri Revised Statutes Section 167.131, Missy Mccoy

Missouri Law Review

The unaccredited St. Louis Public School District had an average daily attendance of approximately 23,550 students in 2009, more than ten times the average attendance of the neighboring Clayton School District. In Turner v. School District of Clayton, the Supreme Court of Missouri faced the novel issue of interpreting Missouri Revised Statues section 167.131 as it related to children who resided in the currently unaccredited St. Louis Public School District but wished to attend schools in the accredited Clayton School District. After determining that the unaccredited district was responsible for the tuition of students who attended accredited schools, the majority …


Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson Jun 2011

Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson

Missouri Law Review

This Note will examine the history of the Sixth Amendment's speedy trial clause, highlighting its development within the last twenty years. It will attempt to explain the rationale behind the court's decision to dismiss the indictment of a possibly violent criminal. It will take the position that in future cases where the government is to blame for an unusually slow prosecution, the outcome of this case must be repeated to maintain the integrity of the right to a speedy trial and our criminal justice system.


Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell Apr 2011

Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell

Missouri Law Review

This Article focuses objectively on whether the decision to limit the application of the collateral source rule in Missouri is in accord with modem trends and whether Missouri courts' recent interpretation of section 490.715 is consistent with the legislature's original intent. Part 1I reviews the history of the collateral source doctrine and the justifications supporting its retention. In Part IlI, this Article outlines the Missouri legislature's decision to modify the rule and analyzes subsequent court decisions applying section 490.715. In response to the recent legislative and judicial activity, Part IV concludes that modification of the collateral source doctrine was warranted …


Walking Out On The Check: How Missouri Abandoned Its Public Defenders And Left The Poor To Foot The Bill, Chris Dandurand Jan 2011

Walking Out On The Check: How Missouri Abandoned Its Public Defenders And Left The Poor To Foot The Bill, Chris Dandurand

Missouri Law Review

This Note looks at the Pratte decision, which arose primarily from the MSPD's most recent effort to cope with its drastically insufficient level of funding. In Missouri, as in many other states, the funding crisis has manifested itself in the form of extremely high caseloads for public defender offices. Straining to prevent a system-wide collapse, the Missouri Public Defender Commission (Commission) enacted regulations that gave each district office of the public defender the power to manage its caseload. These regulations effectively gave each district office the discretion to deny representation to indigent defendants who were otherwise entitled to counsel under …