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Articles 1 - 30 of 100
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg
Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg
Journal of Environmental and Sustainability Law
No abstract provided.
Editor's Perspective
Journal of Environmental and Sustainability Law
No abstract provided.
Act Vs. Amendment: Schultz Family Farms, Legislative Exceptions, And The Future Of Right-To-Farm, Jennifer Bennett
Act Vs. Amendment: Schultz Family Farms, Legislative Exceptions, And The Future Of Right-To-Farm, Jennifer Bennett
Journal of Environmental and Sustainability Law
No abstract provided.
A Glowing Problem: North County St. Louis And Nuclear Waste Policy, Jason Horne
A Glowing Problem: North County St. Louis And Nuclear Waste Policy, Jason Horne
Journal of Environmental and Sustainability Law
No abstract provided.
Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch
Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch
Journal of Environmental and Sustainability Law
No abstract provided.
Delaying The Inevitable: A Compel-Ing Tale Of The Environmental Protection Agency, Administrative Procedure Act And A Pesticide, Samuel Steelman
Delaying The Inevitable: A Compel-Ing Tale Of The Environmental Protection Agency, Administrative Procedure Act And A Pesticide, Samuel Steelman
Journal of Environmental and Sustainability Law
No abstract provided.
Judicial Review Of Net-Metering Agreements: Seeking To Avoid Capture In The Western District, Erika Dopuch
Judicial Review Of Net-Metering Agreements: Seeking To Avoid Capture In The Western District, Erika Dopuch
Journal of Environmental and Sustainability Law
No abstract provided.
Where The Wild Things Are…Properly Valued: A Look Into Methods Used By Courts To Assign Monetary Value To Wildlife, Katielee Kitchen
Where The Wild Things Are…Properly Valued: A Look Into Methods Used By Courts To Assign Monetary Value To Wildlife, Katielee Kitchen
Journal of Environmental and Sustainability Law
No abstract provided.
What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion
What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion
Missouri Law Review
Most Missourians can move into homes with their partners, put up pictures of their spouses at their workplace desks, or book a hotel room for an overnight stay with a carefree confidence that these actions will not result in harassment or discriminatory repercussions. Unfortunately, this is not true for all of the state’s residents. Approximately 160,000 adults in Missouri identify as lesbian, gay, bisexual, and/or transgender (“LGBT”). Accordingly, approximately 160,000 adults in Missouri are particularly vulnerable to workplace, housing, and public accommodations discrimination as the Missouri Human Rights Act (“MHRA”), Missouri’s general anti-discrimination statute, does not explicitly prohibit discrimination based …
Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha
Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha
Missouri Law Review
Part II of this Note discusses the legal context in which this issue must be framed and gives a brief history of how the courts have handled public school drug-testing policies to this point. Part III examines the current state of drug testing in the academic setting – specifically focusing on the ongoing legal situation at Linn State. Part IV delves into questions concerning the Eighth Circuit’s current treatment of the Linn State situation, as well as the potential approaches that the judiciary could take in future cases.
Why Lenity Has No Place In The Income Tax Laws, Andy S. Grewal
Why Lenity Has No Place In The Income Tax Laws, Andy S. Grewal
Missouri Law Review
This Article shows that courts should reject such arguments because the rule of lenity has no place in the construction of the income tax provisions in Subtitle A of the tax code. The rule of lenity makes sense when applied to a statute that compels or prohibits some type of behavior, but income tax provisions do not compel or prohibit anything. Those provisions simply describe consequences associated with particular transactions. Consequently, applying the rule of lenity can lead to anomalous results.
Marbury V. Madison And The Concept Of Judicial Deference, Aditya Bamzai
Marbury V. Madison And The Concept Of Judicial Deference, Aditya Bamzai
Missouri Law Review
Part I summarizes Marbury’s statutory analysis. Part II picks up that summary and analyzes each of the three types of “deference” discussed in the Marbury opinion. Part III provides some concluding thoughts.
Without Deference, Jeffrey A. Pojanowski
Without Deference, Jeffrey A. Pojanowski
Missouri Law Review
I argue that such an alternative regime has appealing features but may not bring as much practical change as casual critiques or defenses of Chevron contemplate, at least immediately. The more immediate change would arise at the level of theory and rhetoric, which, in turn, may lead to greater practical changes in the longer run. The theoretical presuppositions underwriting a regime of non-deferential review are far more classical in cast than the moderate legal realism underwriting Chevron. Rejecting deference, therefore, would change how courts talk about the difference between law and policy in the administrative state. The resurrection of the …
Toward A Context-Specific Chevron Deference, Christopher J. Walker
Toward A Context-Specific Chevron Deference, Christopher J. Walker
Missouri Law Review
With Justice Scalia’s passing, the Supreme Court is less likely to consider overturning the administrative law doctrines affording deference to agency statutory interpretations (Chevron deference) or agency regulatory interpretations (Auer deference). Without Justice Scalia on the Court, however, a different kind of narrowing becomes more likely. The Court may well embrace Chief Justice Roberts’s context-specific Chevron doctrine, as articulated in his dissent in City of Arlington v. FCC and his opinion for the Court in King v. Burwell. This Article, which is part of a symposium on the future of the administrative state, explores the Chief Justice’s more limited approach …
Private Complements To Public Governance, Emily S. Bremer
Private Complements To Public Governance, Emily S. Bremer
Missouri Law Review
This Article suggests that private governance offers an attractive alternative or complement to the administrative state. It is commonly assumed that without administrative agencies, there would be no regulation. As a foundational matter, this Article challenges the notion that there are only two, mutually exclusive options: governmental regulation or no regulation all. Although it is perfectly natural for public law scholars to focus primarily on regulation through government institutions and programs, much regulation is in fact accomplished via mechanisms outside the administrative state.4 At least in some circumstances, it is not only possible but may even be preferable to use …
Statutory Interpretation In Missouri, Matthew Davis
Statutory Interpretation In Missouri, Matthew Davis
Missouri Law Review
Although countless secondary sources discuss the canons used to interpret statutory language, few thoroughly focus on the canons cited by Missouri courts. This four-part Note attempts to fill that void. Part II begins by organizing and concisely stating roughly thirty rules of statutory interpretation. Part III then contends that two of these principles – that the purpose of a statute should be furthered and that absurd outcomes should be avoided – often lend themselves to unpredictable results. Part IV concludes by suggesting one way this unpredictability could be minimized.
An Important Time For The Future Of Class Action Waivers And The Power Struggle Between Businesses And Consumers, Jack Downing
An Important Time For The Future Of Class Action Waivers And The Power Struggle Between Businesses And Consumers, Jack Downing
Missouri Law Review
This Note discusses the inherent problems that come with arbitration clauses in contracts of adhesion. Further, this Note will address the likelihood of a potential change – through future Supreme Court interpretations of the FAA or new legislation. Something must be done to protect those with inferior bargaining power from being forced, through contracts of adhesion, to give up their right to bring class action lawsuits. If Congress, the Supreme Court, and regulatory agencies maintain the status quo, companies will retain the ability to improperly strip consumers of their rights and their due compensation nationwide.
Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin
Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin
Missouri Law Review
In Geier v. Missouri Ethics Commission, the appellant, Gerald Geier, asked the Supreme Court of Missouri to consider the constitutionality of Missouri’s reporting requirement statutes as applied to Stop Now!, an inactive political action committee (“PAC”). Geier argued that the reporting requirement failed to meet the exacting scrutiny standard because the State’s interest in receiving reports of inactivity did not outweigh the burden placed on Geier by the requirement. This Note analyzes the court’s application of exacting scrutiny in the instant decision. It also notes the limits of PAC disclosure requirements as a public policy tool in the absence of …
Syntax Or Experience: What Should Determine If Sex Trafficking Qualifies As A Crime Of Violence?, Britteny Pfleger
Syntax Or Experience: What Should Determine If Sex Trafficking Qualifies As A Crime Of Violence?, Britteny Pfleger
Missouri Law Review
This Note analyzes the Fourth Circuit’s opinion in United States v. Fuertes, ultimately concluding that, contrary to the decision in Fuertes, sex trafficking should be considered a crime of violence under 18 U.S.C. § 924(c). Part II of this Note details the acts of German Ventura, a defendant charged with sex trafficking and possession of a gun during a crime of violence. Part III explores the purpose of § 924(c) and courts’ interpretations of “crime of violence”; it then considers federal circuit courts’ bases for finding sex trafficking under the TVPA to be a violent crime under a variety of …
State Legislative Update, M. Katherine Kerbs, Katherine E. Mcmurtrey, Courtney Lauer, Theresa Mullineaux
State Legislative Update, M. Katherine Kerbs, Katherine E. Mcmurtrey, Courtney Lauer, Theresa Mullineaux
Journal of Dispute Resolution
Mediation is a non-binding type of dispute resolution. Mediation is a process where a neutral, third party with no authoritative decision-making power assists parties in a dispute to voluntarily reach a mutually acceptable agreement. The legal community has encouraged alternative dispute resolution, including mediation. With mediation as the primary alternative dispute resolution type in the federal district courts, it is now even more important that legislation surrounding mediation and confidentiality is created. In fact, over half of the ninety-four federal court districts now offer, and in most instances, require mediation.
The English Inheritance—What The First American Colonists Knew Of Mediation And Arbitration, Derek Roebuck
The English Inheritance—What The First American Colonists Knew Of Mediation And Arbitration, Derek Roebuck
Journal of Dispute Resolution
It seems fair to assume that the first American colonists took with them attitudes and practices from home, including the ways in which they routinely resolved disputes. For example, on November 11, 1647 the General Court of the Massachusetts Bay Colony authorized the purchase of Edward Coke’s Reports, First and Second Institutes and Book of Entries, “to the end we may have the better light for making and proceedings about laws.” But does that mean it was natural then for parties with differences to look to litigation for an answer? This Article provides ample evidence of a preference for other …
The Evolution Of Interstate Arbitration And The Peaceful Resolution Of Transboundary Freshwater Disputes, Tamar Meshel
The Evolution Of Interstate Arbitration And The Peaceful Resolution Of Transboundary Freshwater Disputes, Tamar Meshel
Journal of Dispute Resolution
This Article sets out to examine the potential for arbitration to be effectively employed by states in the resolution of transboundary freshwater disputes. Part II will describe the unique nature of TFDs, briefly examine the international law principles governing such disputes as well as the main mechanisms used for their resolution, and evaluate their adequacy. Part III will suggest a new approach to interstate arbitration, intended to ‘revive’ it in the context of TFD resolution. The first element of this approach calls for a return to the original purpose and true nature of arbitration, which rather than constituting a purely …
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
Journal of Dispute Resolution
This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates (U.A.E.) – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E.’s Emirate of Dubai (Emirate) was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a …
Seeking Justice For Grandma: Challenging Mandatory Arbitration In Nursing Home Contracts, Andi Alper
Seeking Justice For Grandma: Challenging Mandatory Arbitration In Nursing Home Contracts, Andi Alper
Journal of Dispute Resolution
This Comment advocates against the use of mandatory arbitration in nursing home admission contracts and discusses various legal theories available to refute such clauses. Part II discusses mandatory arbitration in general and its use in nursing home admission contracts. Part III summarizes some of the common arguments made in favor of and against arbitration in nursing home admission contracts. Finally, Part IV addresses how courts analyze these agreements and possible approaches to avoid arbitration of disputes arising out of the nursing home contract.
Mediators Without Borders And The Efficacy Of Community Mediation Centers In Israel And Palestine, Jenna Homeyer
Mediators Without Borders And The Efficacy Of Community Mediation Centers In Israel And Palestine, Jenna Homeyer
Journal of Dispute Resolution
This Comment will also discuss whether using specific techniques from each center can help restore relations between the people of Israel and Palestine. “[C]ulture is not posited as the cause of conflict, instead, it is intertwined with conflict and the processes of resolution.” What makes each center successful is that they embrace cultural differences. Instead of viewing cultural differences as an obstacle to peace they use cultural norms like Sulha, a traditional Arab way to resolve conflict, to invite peace. Each of these processes maintains a person’s dignity through the resolution process, and helps each party see the opposing party …
Introduction: Judicial Education, Dispute Resolution, And The Life Of A Judge: A Conversation With Judge Jeremy Fogel, Director Of The Federal Judicial Center, Jeremy Fogel Hon., S. I. Strong
Introduction: Judicial Education, Dispute Resolution, And The Life Of A Judge: A Conversation With Judge Jeremy Fogel, Director Of The Federal Judicial Center, Jeremy Fogel Hon., S. I. Strong
Journal of Dispute Resolution
In January and June 2016, Judge Jeremy Fogel, Director of the Federal Judicial Center, sat down with Professor S.I. Strong to discuss a variety of issues ranging from the civil rules amendments and the case management process to judicial education, mediation and the role of the Federal Judicial Center. Judge Fogel also gave his views on what lawyers, academics and the public need to know about the federal judiciary and the task of judging, thereby providing important and unique insights into the judicial process.