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Full-Text Articles in Law
The Wild Mid-West: Missouri Ethics And Campaign Finance Under A Narrowed Corruption Regime, Dan Schnurbusch
The Wild Mid-West: Missouri Ethics And Campaign Finance Under A Narrowed Corruption Regime, Dan Schnurbusch
Missouri Law Review
This Note explores some of the history of Missouri’s attempts at ethics reform, recent developments in Missouri’s ethics legislation and federal First Amendment jurisprudence, and how these issues commingle to produce a dangerous climate in which to operate a representative democracy. This Note confronts some of the Supreme Court’s conclusions in both Citizens United and McCutcheon, exposes some of the deleterious societal and legal effects of these rulings, and provides some possible courses of action that Missouri and other states might undertake in order to help lay the groundwork for upholding meaningful campaign finance regulation in the future.
The Missouri Felony Murder Rule’S Merger Limitation: A Doctrine In Limbo, Jared Guemmer
The Missouri Felony Murder Rule’S Merger Limitation: A Doctrine In Limbo, Jared Guemmer
Missouri Law Review
Unfortunately, recent case law in Missouri obliterated the merger doctrine. This Note aims to expose the faulty reasoning applied by Missouri courts in abrogating the merger doctrine. In Part II, this Note will summarize the history of the merger doctrine, both generally and in Missouri. Then, Part III highlights the recent developments in Missouri law regarding felony murder and the merger doctrine. In Part IV, this Note discusses the purpose of the merger doctrine, the rules of interpretation regarding Missouri’s felony murder provision, and why Missouri courts incorrectly decided the merger doctrine no longer functions as a valid legal theory …
Probable Intent Vs. Certainty: The Missouri Probate Court And The Uniform Probate Code, Stephanie Pierce
Probable Intent Vs. Certainty: The Missouri Probate Court And The Uniform Probate Code, Stephanie Pierce
Missouri Law Review
This Note seeks to address how increasingly complex family situations should impact intestacy statutes. In In re Brockmire, the Supreme Court of Missouri specifically addressed what occurs when a decedent predeceases his biological granddaughter and his biological daughter, who had been adopted as an adult by her stepfather. Unfortunately, the court, bound by statute, was unable to even contemplate a remedy consistent with the probable intent of the decedent.
The (Hot) Dog Days Of Summer: Missouri’S “Baseball Rule” Takes A Strike, Ross H. Freeman
The (Hot) Dog Days Of Summer: Missouri’S “Baseball Rule” Takes A Strike, Ross H. Freeman
Missouri Law Review
Part II of this Note provides the facts and holding of Coomer. Part III discusses the legal background of Coomer, including the adoption of comparative negligence in Missouri, Missouri’s baseball rule, and other persuasive baseball rule authority the court used in Coomer. Part IV analyzes the court’s application of the law to the specific facts in Coomer. Finally, Part V discusses the court’s decision and explains why the court should have adopted a broader definition of what constitutes an “inherent risk” of attending an MLB game in person.
Missouri Abolishes The Corroboration Rule And The Destructive Contradictions Doctrine: A Victory For Victims Of Sexual Assault?, Kristen L. Stallion
Missouri Abolishes The Corroboration Rule And The Destructive Contradictions Doctrine: A Victory For Victims Of Sexual Assault?, Kristen L. Stallion
Missouri Law Review
Part II of this Note explores the issue in the case at hand, State v. Porter, which has finally abolished both the corroboration rule and destructive contradictions doctrine in Missouri sexual assault cases. Next, Part III presents the archaic rationale behind the two doctrines and explores its development. Finally, in Part IV, the Supreme Court of Missouri’s decision to abolish these doctrines is dissected and the evolution of these evidentiary common law rules is analyzed in light of courts’ efforts to remove the high wall of doubt female victims must attempt to overcome. This analysis reveals that much still needs …
There Must Be A Better Way: The Unintended Consequences Of Missouri’S Hancock Amendment. Zweig V. Metropolitan St. Louis Sewer District, Kimberly Hubbard
There Must Be A Better Way: The Unintended Consequences Of Missouri’S Hancock Amendment. Zweig V. Metropolitan St. Louis Sewer District, Kimberly Hubbard
Missouri Law Review
The Hancock Amendment to the Missouri Constitution became law in November 1980 after fifty-five percent of voters approved it. The amendment is a type of provision known as a “tax and expenditure limitation.” The purpose of these provisions was “to restrict the growth of the state budget.” Most people thought it meant that they would not have to pay higher taxes, and they were right to an extent. What voters and Mel Hancock, the amendment’s namesake, did not contemplate were the numerous ill-effects of this constitutional amendment.
Swing And A Miss: The Missouri Court Of Appeals Attempts To Interpret Delaware Corporation Law. Hci Investors, Llc V. Fox, David Ferguson
Swing And A Miss: The Missouri Court Of Appeals Attempts To Interpret Delaware Corporation Law. Hci Investors, Llc V. Fox, David Ferguson
Missouri Law Review
This Note examines the court’s analysis in implicitly adopting this new interpretation of the duties of corporate fiduciaries under the entire fairness standard and argues that by essentially ignoring the dichotomy between the standards and misapplying the relevant case law, HCI Investors was improperly decided. Part II examines the background of the underlying transaction at issue in the case, the parties’ arguments, the lower court’s disposition, the appellants’ arguments on appeal, and the appellate court’s disposition. Part III gives some legal background for the issues at play, including the adoption of Delaware’s corporation law by the Kansas courts generally and …
A Missouri Citizen’S Guide To Red Light Cameras, Joe Conlon
A Missouri Citizen’S Guide To Red Light Cameras, Joe Conlon
Missouri Law Review
Red light cameras are a hotly debated issue in Missouri. Many supporters argue that red light cameras reduce accidents and save lives.1 Those opposed claim the cameras do more harm than good.2 This Summary provides a brief background on red light cameras and their early use in Missouri. This Summary then discusses the recent development in red light camera laws, including the string of recent Missouri court cases dealing with the issue, as well as proposed state legislation. Finally, this Summary discusses possible legal arguments one can present in court in the event that he or she is accused of …
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Missouri Law Review
This Note begins by discussing the facts and holding of Wade. Next, this Note examines generally the legal background and history of bans on ex post facto laws and on laws retrospective in their operation in Missouri. Then, this Note explains recent precedent regarding such bans, particularly in the context of sex offender registration statutes. After the discussion of precedent, this Note explores the analyses of the majority, concurring, and dissenting opinions in Wade. Finally, this Note concludes with a critique of these analyses in the instant decision and contemplates the future effects of the court’s decision.