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Articles 61 - 87 of 87
Full-Text Articles in Law
Rethinking Iolta, Dru Stevenson
Rethinking Iolta, Dru Stevenson
Missouri Law Review
IOLTA (Interest on Lawyers' Trust Accounts) is a popular mechanism for funding legal services for the poor, and such programs now operate in every state. IOLTA programs suffer from badly depleted resources due to the current financial environment, causing painful cutbacks at the nonprofit legal aid entities that depend on IOLTA for their operating expenses. This shortfall casts doubt on the wisdom of widespread dependence on IOLTA. The previous academic literature about IOLTA focused on input-side issues: the original owners' property rights in the interest taken to fund the programs, the compliance of lawyers with the program's requirements, and the …
Attorney Duty To Search Case.Net For Juror Nondisclosure: Missouri Supreme Court Rule 69.025, John Constance
Attorney Duty To Search Case.Net For Juror Nondisclosure: Missouri Supreme Court Rule 69.025, John Constance
Missouri Law Review
The term voir dire derives from the Latin phrase verum dicere, literally meaning "to speak the truth."' In American jurisprudence, voir dire has come to mean the pretrial questioning of venire members during which a judge or party is given the opportunity to ask the prospective jurors questions in an attempt to reveal their personal tendencies and possible biases. Missouri courts have held that the right to a fair and impartial panel of twelve qualified jurors is the cornerstone of the judicial system. As such, it is the duty of prospective jurors on voir dire examination to "fully, fairly, and …
Can The Tolling Of Statutes Of Limitations Based On The Defendant's Absence From The State Ever Be Consistent With The Commerce Clause, Walter W. Heiser
Can The Tolling Of Statutes Of Limitations Based On The Defendant's Absence From The State Ever Be Consistent With The Commerce Clause, Walter W. Heiser
Missouri Law Review
This Article discusses the propriety of these Commerce Clause decisions with respect to individual defendants. More precisely, this Article examines two questions. The first is whether the Supreme Court's holding in Bendix was properly extended to individual resident and nonresident defendants. The other, and more difficult, issue concerns the proper application of the Commerce Clause to state statutes that toll the statute of limitations during the time a resident defendant is temporarily absent from the state. The Article focuses on whether such provisions violate the Commerce Clause regardless of the reason for the absence. Part I of this Article examines …
Eeoc Reinforces Broad Interpretation Of Adaaa Disability Qualification: But What Does Substantially Limits Mean, Carol J. Miller
Eeoc Reinforces Broad Interpretation Of Adaaa Disability Qualification: But What Does Substantially Limits Mean, Carol J. Miller
Missouri Law Review
Part I of this Article recognizes the difficulty in calculating how many workers are disabled. Such difficulties have been used by the courts to justify differing interpretations of what constitutes a disability. This Part also discusses the origin of the ADA and provides a brief overview of the 2008 ADAAA. Part I of the Article examines the United States Supreme Court's interpretations that narrowed the construction of what is a "substantial limitation" and what is an ADA disability. This Part highlights the lack of consensus between the courts, Congress, and the EEOC, as well as the courts' apparent disregard of …
On The Contemporary Meaning Of Korematsu: Liberty Lies In The Hearts Of Men And Women, David A. Harris
On The Contemporary Meaning Of Korematsu: Liberty Lies In The Hearts Of Men And Women, David A. Harris
Missouri Law Review
In just a few years, seven decades will have passed since the United States Supreme Court's decision in Korematsu v. United States, one of the most reviled of all of the Court's cases. However, similarities between the World War II era and our own have instigated a re-evaluation of Korematsu. When the Court decided Korenatsu in 1944, the United States was at war with the Japanese empire, which created considerable suspicion of anyone who shared the ethnicity of these foreign enemies. Since September 11, 2001, America has faced another external threat - from the al Qaeda terrorists - and there …
Walking Out On The Check: How Missouri Abandoned Its Public Defenders And Left The Poor To Foot The Bill, Chris Dandurand
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 …
Family, The Market, And Adr, The, Amy J. Cohen
Family, The Market, And Adr, The, Amy J. Cohen
Journal of Dispute Resolution
This Article proceeds in three Parts. I begin by briefly summarizing what I will refer to as separate spheres ideology-the idea that our normative understandings of the family and the market are constructed in contradistinction to one another. I then show how this conceptual distinction between the family and the market shaped the development of alternative dispute processing during two periods of time. The first period, which I introduce to frame the second, examines how dispute processing reformers-beginning during the Progressive era and continuing to the 1930s-distinguished alternative forums for family disputes from alternative forums for commercial ones. In Part …
Comment: Trends And Challenges In Bringing Together Adr And The Rule Of Law, Stephanie E. Smith
Comment: Trends And Challenges In Bringing Together Adr And The Rule Of Law, Stephanie E. Smith
Journal of Dispute Resolution
The goals of justice, peace, and prosperity will not be achieved overnight. Strategies that aim to achieve a perfect state in a short time frame are doomed to failure. Rule of law approaches should be individualized for local context, and be nimble enough to adapt over time to advance these ambitious goals. Success will require drawing upon expertise from many practice areas and academic fields, and coordinating activities to maximize limited resources.
When Efficiency Arguments Fail: The Counter-Intuitive Effects Of Amended Rule 78.07(C), Vincenzo Iuppa
When Efficiency Arguments Fail: The Counter-Intuitive Effects Of Amended Rule 78.07(C), Vincenzo Iuppa
Missouri Law Review
In light of the court's miscarriage of justice in Crow v. Crow, this Note will focus on analyzing the supposed efficiency of amended Rule 78.07(c). This Note will begin by explaining the history leading up to Crow v. Crow and then analyzing the decision itself. With the background established, this Note will examine the effect that amended rule 78.07(c) had on the Crow court and the lingering influence it has on the judiciary at large. First, the intended outcome of the rule will be compared and contrasted with several potential outcomes in order to determine whether the amendment actually results …
Read-The-Bill Rule For Congress, A, Hanah Metchis Volokh
Read-The-Bill Rule For Congress, A, Hanah Metchis Volokh
Missouri Law Review
In response to recent high-profile instances of rushed legislation, a political movement has formed to urge legislators to read bills before voting on them. In this Article, I argue that legislators have a duty to read the text of proposed legislation before voting to enact it. Putting aside partisan concerns, a rushed legislative process creates real problems because it forces legislators to vote on bills without having time to properly evaluate the new legal rules that are being imposed on citizens. If a rule or norm of reading the bill can slow the legislative process enough to provide for thorough …
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Swimming Against The Tide: The Eighth Circuit Holds That Fleeing A Police Officer In A Motor Vehicle Is Not A Crime Of Violence, Nichole Walsch
Missouri Law Review
In 2009, the U.S. Court of Appeals for the Eighth Circuit held that the Minnesota offense of fleeing a peace officer in a motor vehicle is not a "crime of violence" for the purposes of the Federal Sentencing Guidelines. Under the Federal Sentencing Guidelines (Sentencing Guidelines), a crime of violence is defined as any state or federal offense "punishable by imprisonment for a term exceeding one year" that involves the use of physical force against another person or that "is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential …
Giving A Voice To The Inanimate: The Right Of A Corporation To Political Free Speech, Alex Osterlind
Giving A Voice To The Inanimate: The Right Of A Corporation To Political Free Speech, Alex Osterlind
Missouri Law Review
This Note examines the concept of corporate personhood and whether the state-created corporate entity is contemplated by the First Amendment. To discuss this controversy in relation to federal election laws constraining corporate financing, this Note first explains the particulars giving rise to the Citizens United case. Next, this Note examines the legislative and judicial treatment of corporate financing laws in regard to elections. Building upon this milieu, this Note presents the viewpoints of both those opposed to unrestricted corporate political speech as well as those championing a broad interpretation of the First Amendment that encompasses the corporate entity. Finally, this …
Stimulating School Reform: The American Recovery And Reinvestment Act And The Shifting Federal Role In Education, Benjamin Michael Superfine
Stimulating School Reform: The American Recovery And Reinvestment Act And The Shifting Federal Role In Education, Benjamin Michael Superfine
Missouri Law Review
The American Recovery and Reinvestment Act (ARRA), aimed at stimulating and stabilizing the American economy during the worst financial crisis since the Great Depression, reflects significant new dimensions of federal action in the area of educational reform. In addition to saving jobs in the educator workforce, the ARRA was designed to spark the implementation of specific reform strategies in states and schools and lay a foundation for the Obama administration's subsequent educational reform efforts, including the impending reauthorization of the No Child Left Behind Act of 2001. While the goals of the educational reform provisions of the ARRA are laudable, …
In A Class Of Their Own: The Eighth Circuit Upholds A Credit Card Agreement's Class Action Waiver And Mandatory Arbitration Clause, Lucinda Housley Luetkemeyer
In A Class Of Their Own: The Eighth Circuit Upholds A Credit Card Agreement's Class Action Waiver And Mandatory Arbitration Clause, Lucinda Housley Luetkemeyer
Missouri Law Review
The United States Court of Appeals for the Eighth Circuit recently joined the cadre of courts to uphold class action waivers in arbitration agreements. In Cicle v. Chase Bank USA, the court held that a Missouri woman's putative class action suit against a credit card company was barred due to theclass action waiver in her card agreement's arbitration clause. The Eighth Circuit reversed a sharply worded federal district court order and rejected the plaintiff s contention that the class action waiver was a "de facto immunity provision[]" for the credit card company which would leave her and other similarly situation …
Procedural Justice And The Rule Of Law: Fostering Legitimacy In Alternative Dispute Resolution, Rebecca Hollander-Blumoff, Tom R. Tyler
Procedural Justice And The Rule Of Law: Fostering Legitimacy In Alternative Dispute Resolution, Rebecca Hollander-Blumoff, Tom R. Tyler
Journal of Dispute Resolution
In Part II, we provide background on the psychology of procedural justice. Then, because the term rule of law has been used so widely and in so many different ways, we explain its various meanings and go on to draw connections between the elements of procedural justice and the rule of law, highlighting both the similarities and distinctions between the two principles. We then marshal evidence in support of the critical role that procedural justice and rule of law values play in fostering perceptions of legitimacy. Part III explores the links among procedural justice, rule of law, and specific ADR …
Alternative Dispute Resolution And The Rule Of Law In International Development Cooperation, James Michel
Alternative Dispute Resolution And The Rule Of Law In International Development Cooperation, James Michel
Journal of Dispute Resolution
This paper briefly reviews the concept of development and related international cooperation. It then examines how the rule of law has been addressed in development programs and offers some thoughts about the contribution of ADR for advancing the rule of law and, in turn, contributing to human security, wellbeing, and dignity.
Reflections On Designing Governance To Produce The Rule Of Law, Lisa Blomgren Bingham
Reflections On Designing Governance To Produce The Rule Of Law, Lisa Blomgren Bingham
Journal of Dispute Resolution
This article first briefly reviews definitions of the rule of law. Second, it briefly reviews current understandings and approaches to governance. Third, it introduces the concept of dispute systems design, its application to collaborative governance across the policy continuum, and failures in the rule of law as seen through this frame. Finally, it provides examples of rule of law initiatives organized across the policy process in governance.
Adr And Transitional Justice As Reconstructing The Rule Of Law, Michal Alberstein
Adr And Transitional Justice As Reconstructing The Rule Of Law, Michal Alberstein
Journal of Dispute Resolution
This paper addresses the role of ADR in reconstructing the rule of law following the critique this idea received during the 20th century, and exemplifies this role through reference to another alternative movement in law-The Transitional Justice movement. In contrast to efforts to reconcile the notion of the rule of law with ADR, or to demarcate the proper interaction between these social institutions in achieving justice, this paper argues for a deeper connection between the two notions: After briefly analyzing the intricate meanings of the rule of law notion through history and its relation to ADR, the paper continues to …
Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger
Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger
Journal of Dispute Resolution
This paper critiques the foundations of Aragaki's analysis, but also gives credit on the importance of dealing with people as less than fully rational. The critique suggests, again, a deep commonality between DD and ADR and potential improvements to both approaches. True collaboration between these approaches, however, requires some re-theorizing of both, including a reconsideration of rationality itself. This paper will sketch some ways in which this might be achieved and, in particular, how DD theory and research may prove helpful for ADR.
On Precarious Ground: Binding Arbitration Clauses, Collective Bargaining Agreements, And Waiver Of Statutory Workplace Discrimination Claims Post-Pyett - Duraku V. Tishman Speyer Properties, Inc., J. Nicholas Haynes
Journal of Dispute Resolution
During the 1960s, federal and state governments put into place a maze of statutes aimed at protecting the civil rights of minorities, both in society and in the workplace. While these statutes have undoubtedly lessened workplace discrimination for minorities in the United States, there are still some areas that are uncertain or unsettled, especially when a union is involved on behalf of the employees. More to the point, there has been a wealth of confusion as to whether the right to bring a statutory workplace discrimination claim can be waived when a worker joins a union and allows the union …
Access To Justice And Alternative Dispute Resolution, William Davis, Helga Turku
Access To Justice And Alternative Dispute Resolution, William Davis, Helga Turku
Journal of Dispute Resolution
This article reviews access to justice both theoretically and in practice. Second, it highlights some of the challenges and successes of implementing access to justice projects. Finally, it discusses alternative dispute resolution (ADR) reforms in the developing world as one important element of access to justice.
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Journal of Dispute Resolution
This article will begin with a brief explanation of rule of law development work. Section III will describe the role of legitimacy in developing rule of law. Section IV will discuss some examples of how ADR programs are typically included in rule of law development work. Section V will discuss when promotion of ADR programs may work against the development of rule of laws, specifically when ADR might seem more like a new form of corruption or when it might reinforce already existing bad practices. Section VI will offer some questions for ADR and rule of law development practitioners to …
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Journal of Dispute Resolution
The immediate effect of the holding was to allow a group of corporate defendants to use their superior bargaining position in the contracting process to effectively shield themselves from liability. Although Stolt-Nielsen involved business entities, the case also has implications in the consumer context. If the Court were to extend the reasoning of the case to disputes involving adhesion contracts, corporations would enjoy this immunity in the context of consumer disputes. Far from a hypothetical exercise in the reaches of Supreme Court jurisprudence, the Court is expected to decide this very issue during the 2010 term. In light of these …
New Twist On An Old Approach: Missouri's Use Of Unconscionability And Consent In The Class Arbitration Waiver Analysis - Brewer V. Missouri Title Loans, Inc., A, Whitney Hampton
Journal of Dispute Resolution
In recent years, the inclusion of arbitration agreements in consumer product contracts has become increasingly popular. In an effort to shield themselves from the damaging effects of expensive class action suits by consumers, many companies have begun to include class arbitration waivers in their contracts, which effectively mandate individual arbitration. These arbitration agreements were initially met with optimism. However, courts have seemingly developed a sense of disdain toward them because of their apparent ability to perpetuate disreputable business practices. This has left many courts searching for ways to invalidate class arbitration waivers.
De Novo A No No: Contractually Expanded Judicial Review Clauses Do Not Preclude Faa Application In State Court Unless The Parties Make It Intentionally Clear The Faa Does Not Apply In Their Agreement - Raymond James Fin. Servs., Inc. V. Honea, Tom Swoboda
Journal of Dispute Resolution
This Note addresses a recent Alabama Supreme Court decision concerning the issue of contracted appellate review in arbitration agreements. After analyzing the history of enforcement of arbitration agreements between contracting parties in U.S. Supreme Court precedent, this Note will explore the most recent Supreme Court decision regarding when parties may seek judicial review of arbitration awards. The Federal Arbitration Act's (FAA) preemptive effect over state court law will also be addressed, as the Supreme Court was not thoroughly explanatory on the issue. This Note will also evaluate and compare another state court ruling in Pennsylvania on the same judicial review …