Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (122)
- Legal Education (84)
- Law and Society (75)
- Criminal Procedure (64)
- Legal Profession (59)
-
- Law and Gender (55)
- Constitutional Law (54)
- Criminal Law (52)
- Family Law (52)
- Civil Rights and Discrimination (51)
- Courts (48)
- Business Organizations Law (45)
- Environmental Law (44)
- Legal Ethics and Professional Responsibility (43)
- Civil Procedure (40)
- Intellectual Property Law (39)
- Education Law (33)
- Law and Economics (33)
- Law Enforcement and Corrections (32)
- Jurisprudence (31)
- Labor and Employment Law (30)
- Science and Technology Law (27)
- State and Local Government Law (26)
- Judges (25)
- Health Law and Policy (23)
- Legislation (23)
- Comparative and Foreign Law (22)
- Law and Race (22)
- Legal Writing and Research (22)
- Keyword
-
- Famous Trials (52)
- Trial (50)
- Patents (30)
- Biotechnology (26)
- Death penalty (15)
-
- Insurance (13)
- Race (12)
- Patent (11)
- DNA (10)
- Gender (10)
- Legal Education (10)
- Supreme Court (10)
- Discrimination (9)
- Fraud (9)
- Banking (8)
- Gun Control (8)
- Local Government Law (8)
- Segregation (8)
- Terrorism (8)
- Capital punishment (7)
- Civil procedure (7)
- Clarence Darrow (7)
- Control Fraud (7)
- Education (7)
- Evidence (7)
- Federal courts (7)
- First Amendment (7)
- Guns (7)
- Law (7)
- Patent Eligibility (7)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 898
Full-Text Articles in Law
Marketing The Modern Law Librarian, Ariel Newman
Sustaining America's Non-Jurisdictional Wetlands Post-Sackett Through Conservation, Shawna Bligh
Sustaining America's Non-Jurisdictional Wetlands Post-Sackett Through Conservation, Shawna Bligh
UMKC Law Review
Part I of this Article discusses the functional role of wetlands in meeting the intended purpose of the Clean Water Act (“CWA”). The intended purpose of the CWA is to "restore and maintain the chemical, physical and biological integrity of the Nation's waters." The Court's decision in Sackett undermines the intended purpose of the CWA. Wetlands play an essential role in meeting this objective. Wetlands are hydrologically connected to and an embedded part of the overall aquatic ecosystem. The Sackett decision leaves wetlands subject to further degradation.
Part II of this Article provides an overview of the CWA, how we …
Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi
Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi
Faculty Works
This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.
The Persistent Treatise, Dana Neacsu, Paul D. Callister
The Persistent Treatise, Dana Neacsu, Paul D. Callister
Faculty Works
The legal treatise remains a pillar of the American legal system and the rule of law, despite claims it might be dying and variations in quantitative citations to treatises over time. Indeed, several treatises evidence increased citation in U.S. Supreme Court opinions during the last several decades. Surprisingly, the U.S. Supreme Court, including the Robert’s Court in Dobbs v. Jackson Women’s Health Organization, increasingly sees fit to rely on proto-treatises, such as Bracton, Coke, and Blackstone. This article provides empirical data and qualitative analysis to support this claim, highlighting the sometimes declining but nevertheless significant presence of treatises in case …
Sustainability: A Legal Value And A Legal Principle, Irma S. Russell
Sustainability: A Legal Value And A Legal Principle, Irma S. Russell
UMKC Law Review
Introduction to the symposium issue, Sustainability as a Legal Value and a Legal Principle. This issue explores the concept of sustainability as a legal principle, presents food for thought about sustainability development, and provides inspiration for climate action.
Getting Around The Marking Requirement: Closing The Loophole On Damages, Ethan Buresh
Getting Around The Marking Requirement: Closing The Loophole On Damages, Ethan Buresh
UMKC Law Review
No abstract provided.
Reckless Parties Should Foot The Bill: Advocating For State Agency Search And Rescue Service Reimbursement, Anna Vanbuskirk
Reckless Parties Should Foot The Bill: Advocating For State Agency Search And Rescue Service Reimbursement, Anna Vanbuskirk
UMKC Law Review
No abstract provided.
Stable State Societies In The Eye Of The Storm, John W. Ragsdale
Stable State Societies In The Eye Of The Storm, John W. Ragsdale
UMKC Law Review
This Article will discuss the values and beliefs that are vital to sustainability and a prelude to the coming battle against the existential threat of climate change. It will examine the components of the core of a homeostatic, balancing-seeking entity that itself is in constant, rhythmic, corrective motion. The stable state counters the incessant, swirling forces that surround the peace within. Paradoxically, the continued resilience of the sustainable state requires constant vigilance and maintenance.
The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
UMKC Law Review
The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …
Regulating Forever?: The Epa's Goal To Remediate Forever Chemicals Already In The Environment Under The Safe Drinking Water Act, Anna Donaldson
Regulating Forever?: The Epa's Goal To Remediate Forever Chemicals Already In The Environment Under The Safe Drinking Water Act, Anna Donaldson
UMKC Law Review
No abstract provided.
Still Not At All: Environmental Sustainability In The Supreme Court, James R. May
Still Not At All: Environmental Sustainability In The Supreme Court, James R. May
UMKC Law Review
Some predicted that the Court and litigants would make sustainability principles juridically relevant. Yet this article takes a fresh look and finds express invocation of sustainability still lacking not only in the U.S. Supreme Court but virtually throughout the U.S. federal judicial system comprised of the Supreme Court, 13 federal appellate courts, and 94 federal district courts. Part II tells the story of sustainable development's continued march as a legal principle. Part III engages sustainability jurisprudence before the U.S. Supreme Court and otherwise in the federal court system. It concludes that not only the U.S. Supreme Court but the entire …
Stable State Societies In The Eye Of The Storm: Apocalyptic Forces, John W. Ragsdale
Stable State Societies In The Eye Of The Storm: Apocalyptic Forces, John W. Ragsdale
UMKC Law Review
The first part of this Article, also published in the UMKC Law Review, will be incorporated by reference in this work. In this segment the first part will be referred to as "The Eye of the Storm.” This following segment will hereinafter be referred to as "The Apocalyptic Forces."
At The Intersection Of Environmental Justice And Sustainability Lies A More Equitable, Healthy Future For U.S. Communities, Alexandra Dapolito Dunn
At The Intersection Of Environmental Justice And Sustainability Lies A More Equitable, Healthy Future For U.S. Communities, Alexandra Dapolito Dunn
UMKC Law Review
This Article offers a brief and recent history of the environmental justice and sustainability movements, with a decidedly U.S. focused approach necessary due to the breadth of the subject matter. This Article then offers examples of how the movements are coming together, in U.S. federal and state law and policy, judicial decisions, and in community applications. This Article then shows how the alignment of environmental justice and sustainability is serving to advance equity and a healthier future for many U.S. communities. This Article concludes that the continued intersection of these movements will serve to benefit our nation and its residents …
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
UMKC Law Review
Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater is often the only available source of drinking water, making protection of groundwater quality in these regions a paramount concern.
Mirroring the various state regulatory approaches to groundwater management and protection, much of the recent media coverage of groundwater in the West focuses on water allocation …
How To Limit The Downstream Costs Of Racially Restrictive Covenants, Randall K. Johnson
How To Limit The Downstream Costs Of Racially Restrictive Covenants, Randall K. Johnson
Faculty Works
This essay, which is part of the University of Kansas Law Review Symposium on the seventy-fifth (75th) anniversary of Shelley v. Kraemer, is the first to explain how a current successor in interest to a racially restrictive covenant may limit more of their own downstream costs through the use of self-help options. By definition, a downstream cost is any expense that arises after the formation, and in the course of performance, of a valid common law contract. Examples of downstream costs include the time, money and energy that property owners may expend in removing racially restrictive covenants.
The essay does …
A Performative Model For Conducting Critical Race Analysis: Josephine Baker, Modern Dance, And Utilizing Narrative To Transform Legal Doctrine, Patrick C. Brayer
A Performative Model For Conducting Critical Race Analysis: Josephine Baker, Modern Dance, And Utilizing Narrative To Transform Legal Doctrine, Patrick C. Brayer
Faculty Works
No abstract provided.
Revolutionizing Access To Justice: The Role Of Ai-Powered Chatbots And Retrieval-Augmented Generation In Legal Self-Help, Ayyoub Ajmi
Faculty Works
Advancements in artificial intelligence (AI) present numerous opportunities to routinize and make the law more accessible to self-represented litigants, notably through AI chatbots employing natural language processing for conversational interactions. These chatbots exhibit legal reasoning abilities without explicit training on legal-specific datasets. However, they face challenges processing less common and more specific knowledge from their training data. Additionally, once trained, their static status makes them susceptible to knowledge obsolescence over time. This article explores the application of retrieval-augmented generation (RAG) to enhance chatbot accuracy, drawing insights from a real-world implementation developed for a court system to support self-help litigants.
Generative Ai Large Language Models And Researching The Law, Paul D. Callister
Generative Ai Large Language Models And Researching The Law, Paul D. Callister
Faculty Works
The article discusses the transformative impact of generative AI large language models (LLMs) on legal research. Callister explores how these AI models, despite their current imperfections, are poised to shift the cognitive (or trusted) authority within the legal profession. He attributes this shift to the ease with which AI processes vast amounts of legal information and the anthropomorphic design of LLMs, which fosters trust among users. Callister introduces the concept of Retrieval-Augmented Generation (RAG), explaining how AI platforms integrate legal texts into their responses, enhancing their reliability over purely generative models. Through various examples, he demonstrates the strengths and limitations …
A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik
A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik
UMKC Law Review
Judith Resnik shares an overview of the Women in Legal Education Section of the AALS during the 1980s and 1990s when she became involved in coordinating various activities of the Section, and then Chair. The Article also discusses the importance of documenting and archiving the activities and history of women in legal education.
Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins
Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins
UMKC Law Review
The creation of a specialized, “problem-solving” court is a ubiquitous response to the issues that plague our criminal legal system. The courts promise to address the factors believed to lead to repeated interactions with the system, such as addiction or mental illness, thereby reducing recidivism and saving money. And they do so effectively – at least according to their many proponents, who celebrate them as an example of a successful “evidence-based,” data-driven reform. But the actual data on their efficacy is underwhelming, inconclusive, or altogether lacking. So why do they persist?
This Article seeks to answer that question by scrutinizing …
Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez
Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez
UMKC Law Review
With a per capita veteran population surpassing the national average, Missouri presents its veterans with unique challenges in their day-to-day lives. For example, nearly one-third of Missouri veterans are disabled, compared to one-sixth of civilians. The State established the Missouri Veterans Commission, which supports veterans and their families with the veteran-specific obstacles they face. To that end, Missouri offers the second highest number of veteran benefits of any state in the country.
Like all groups of people, some veterans will unfortunately enter the criminal justice system due to varying factors. Veterans Treatment Courts ("VTCs") originated to address veteran-specific reasons for …
A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker
A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker
UMKC Law Review
Jackson County, Missouri has been at the forefront of drug policy reform for decades, with the establishment of one of America's first Drug Courts in the early 1990s. This Article will delve into the impact of the county's shift in drug policy on the drug court model, both positive and negative, and where the county expects to go in the future. We will examine what we currently understand about drugs, including the destructive effects of drugs on individuals and their families, the history of the War on Drugs and its lack of impact, and the statistics on drug crimes and …
Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough
Combating Substance Abuse And Violence In Jackson County, Missouri: A Public Health Approach To The "War On Drugs", Danielle Bukacheski, Grant Baker, Stephen R. Bough
UMKC Law Review
In 1989, Jackson County, Missouri, made history - voters passed the first tax solely dedicated to funding substance abuse prevention and treatment. Today, the COMmunity Backed Anti-Crime Tax ("COMBAT") continues to annually generate between $25 to $30 million that supports Jackson County courts, the Jackson County Prosecutor's Office, local law enforcement agencies, and nonprofit organizations focusing on prevention and treatment. COMBAT has achieved success through its de-emphasis on punitive law enforcement practices and emphasis on public health. Instead of focusing on the prosecution of drug-related offenses, COMBAT is leading a more holistic "War on Drugs" by funding community-based resources to …
Housing Court: A Balancing Act, Todd Wilcher
Housing Court: A Balancing Act, Todd Wilcher
UMKC Law Review
This article provides a general description of the Kansas City Municipal Court's Housing Court - its origin, jurisdiction, and process-and discusses the broader themes and competing interests at issue in its cases. Because detached single-family home cases take up most of the space on the dockets, the single-family home theme is a major thread in the fabric of this Article. At the same time, however-in the broader context of the municipal environment-every building, structure and open land is subject to building, zoning, and maintenance regulations. These regulations are pervasive in our modern society, and ensuring they are applied in a …
Iiaas And The Montreal Protocol: The Legal Minefield Inside The Most Successful Environmental Treaty In History, Jackson Elder
Iiaas And The Montreal Protocol: The Legal Minefield Inside The Most Successful Environmental Treaty In History, Jackson Elder
UMKC Law Review
The most successful environmental treaty in history might break international law's core principle, and it all depends on who you ask. International law consists of rules and principles relating to states, international organizations, and individuals. The source of all international law is the consent of nations, and each nation is governed by the treaties they consent to. Provisions that force states to behave according to its text and do not satisfy international law's traditional consent standard are consequential. As no term exists for these provisions currently, these clauses have been termed as international imposed axiomatic alterations ("IIAA"s). IIAAs, for this …
Legislating Courts, Michael Pollack
Legislating Courts, Michael Pollack
UMKC Law Review
Judges are ordinarily thought of as deciders of a specific sort: people who apply the rule of law to resolve disagreements between the parties appearing before them. But in every state, judges do far more. They are charged by state statutory or constitutional law with a range of quasi-administrative, quasi-legislative, and quasi-executive law enforcement functions. These roles raise a number of theoretical and practical concerns. In many states, though, legislatures have gone even further. They have either wholly delegated significant policymaking power to state court judges or have sat idle while those judges have assumed the mantle of functions that …
Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill
Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill
UMKC Law Review
The Kansas City Municipal Domestic Violence Court identifies cases as domestic violence if they involve intimate partner violence, violations of protective order, interfamily violence, or cases where there is a child witness. This court manages a large caseload of domestic violence violations that vary widely in the severity of the charges and the levels of violence.
The Kansas City Municipal Domestic Violence Court has prioritized their probation resources by focusing services on those cases that are most in need of supervision and on those cases most likely to be receptive to services. This article will discuss The Compliance Docket and …
Ptsd As Bodily Injury: Perspectives From Neuroscience And Medical Psychology, Jennifer Sweeton
Ptsd As Bodily Injury: Perspectives From Neuroscience And Medical Psychology, Jennifer Sweeton
UMKC Law Review
This Comment proposes that PTSD be reconceptualized, and reclassified, as a bodily injury in personal injury cases. In Part II, this Comment reviews the way courts describe PTSD in personal injury cases. Part III examines psychiatric literature and discusses the symptoms and classification of PTSD as both an emotional and medical condition. It also identifies several structural and functional brain alterations associated with PTSD, in addition to physiological changes that occur as a result of PTSD. Part IV asserts that the brain processes physical and emotional pain almost identically, and that most injuries include both emotional and physical components. In …
The Model Law Enforcement Officer And Other First Responder's Deflection Act: A National Blueprint For Creating Successful Deflection Programs Across The Country, Marc Consalo
UMKC Law Review
The idea of finding alternatives to the traditional approach of arresting, prosecuting, and punishing an individual for criminal behavior in the hopes it will deter future illegal conduct is not new. In 1947, the Judicial Conference of the United States met to make recommendations for the first diversion programs focusing on youthful offenders. Approximately fifteen years later, states began to explore diversion as an option for some adult lawbreakers.
The birth of diversion generated a novel approach to addressing criminal activity. However, before any individual could participate in a diversion program, law enforcement arrested the person which imposed a host …
Family Treatment Courts In Rural Settings, Alissa Hendricks, John Lepage
Family Treatment Courts In Rural Settings, Alissa Hendricks, John Lepage
UMKC Law Review
Missouri courts deal in hundreds of thousands of cases each year that involve money, property, and crime, but no category of cases is more important than those dealing with the safety and welfare of children. The collaborative model of family treatment courts was created out of the passion for this responsibility to children and to the families of this state.
Family treatment courts evolved from the adult drug court model, where collaborative efforts found success within the criminal justice system. Family treatment courts are now one of the most expansive improvements conducted in the judicial, child welfare, substance use disorder …