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Full-Text Articles in Law

A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik Mar 2024

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.


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 Mar 2024

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 Mar 2024

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 …


Legislating Courts, Michael Pollack Mar 2024

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 …


Problem-Solving Courts And The Outcome Oversight Gap, Erin R. Collins Mar 2024

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 …


A New Generation Of Reform In Drug Enforcement In Kansas City, Jean Peters Baker Mar 2024

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 …


Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez Mar 2024

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 …


Kansas City Municipal Court's Domestic Violence Court Programming, Courtney A. Wachal, Gerald Sorensen, Jenna Phelps, Nephateri Hill Mar 2024

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 …


Housing Court: A Balancing Act, Todd Wilcher Mar 2024

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 Mar 2024

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 …


Ptsd As Bodily Injury: Perspectives From Neuroscience And Medical Psychology, Jennifer Sweeton Mar 2024

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 …


Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker Mar 2024

Building A Successful Team In A Problem-Solving Court: The Western District Of Missouri Model, Carie Allen, Stephen R. Bough, Lajuana Counts, Arthur Diaz, Jeffrey Mccarther, Katie Meister, James Parker

UMKC Law Review

Problem-solving courts work. We know that reentry programs and intensive supervision programs like drug courts are effective alternatives to incarceration that reduce recidivism. For example, the United States District Court for the Western District of Missouri's Reentry Court has an 85.7% success rate for graduates, meaning they complete their term of supervised release without any new charges. A reduction of recidivism means hefty savings of tax-payer dollars. More importantly, successful problem-solving courts mean people engage in their communities, raise families, work productive jobs, and pay taxes.

Courts and legislators and executive branches around the country are increasingly turning to problem …


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 Mar 2024

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 …


Diversity In Mdl Leadership: A Field Guide, Elizabeth C. Burch Jun 2021

Diversity In Mdl Leadership: A Field Guide, Elizabeth C. Burch

UMKC Law Review

No abstract provided.


Federal Multidistrict Litigation Coordination With State Courts, Dawn M. Barrios, Julie A. Callsen Jun 2021

Federal Multidistrict Litigation Coordination With State Courts, Dawn M. Barrios, Julie A. Callsen

UMKC Law Review

No abstract provided.


Mandatory Early Vetting In Mdls: Just A Red Herring?, Tricia L. Campbell, O N. Smith Jun 2021

Mandatory Early Vetting In Mdls: Just A Red Herring?, Tricia L. Campbell, O N. Smith

UMKC Law Review

No abstract provided.


Jury Selection In The First Opioid Trial, Dan A. Polster Jun 2021

Jury Selection In The First Opioid Trial, Dan A. Polster

UMKC Law Review

No abstract provided.


Mdl Remand: Plaintiffs’ Perspective, Thomas P. Cartmell Jun 2021

Mdl Remand: Plaintiffs’ Perspective, Thomas P. Cartmell

UMKC Law Review

No abstract provided.


Mdl Remands: A Defense Perspective, Richard B. North Jr Jun 2021

Mdl Remands: A Defense Perspective, Richard B. North Jr

UMKC Law Review

No abstract provided.


Is The Wayfair Ruling Way-Un-Fair For Small Businesses?, Kimberly Lechowicz Jun 2021

Is The Wayfair Ruling Way-Un-Fair For Small Businesses?, Kimberly Lechowicz

UMKC Law Review

No abstract provided.


Jpml Process: A Defendant’S Perspective, Sheila L. Birnbaum, Hayden A. Coleman, Jacqueline D. Harrington, Ashley A. Flynn Jun 2021

Jpml Process: A Defendant’S Perspective, Sheila L. Birnbaum, Hayden A. Coleman, Jacqueline D. Harrington, Ashley A. Flynn

UMKC Law Review

No abstract provided.


Vetting The Wether: One Shepherd’S View, M C. Rodgers Jun 2021

Vetting The Wether: One Shepherd’S View, M C. Rodgers

UMKC Law Review

No abstract provided.


Against Mdl Discovery Exceptionalism: A Defense Practitioner’S View Of Managing Federal Discovery In Large-Scale Consolidated Proceedings, Adam K. Levin, Kyle M. Druding Jun 2021

Against Mdl Discovery Exceptionalism: A Defense Practitioner’S View Of Managing Federal Discovery In Large-Scale Consolidated Proceedings, Adam K. Levin, Kyle M. Druding

UMKC Law Review

No abstract provided.


Bellwether Trials, Eldon E. Fallon Jun 2021

Bellwether Trials, Eldon E. Fallon

UMKC Law Review

No abstract provided.


Remand: The Final Step In The Mdl Process — Sooner Rather Than Later, Joseph R. Goodwin Jun 2021

Remand: The Final Step In The Mdl Process — Sooner Rather Than Later, Joseph R. Goodwin

UMKC Law Review

No abstract provided.


Mdl Cartography: Mapping The Five Stages Of A Federal Mdl, Ryan C. Hudson, Rex Sharp, Nancy Levit Jun 2021

Mdl Cartography: Mapping The Five Stages Of A Federal Mdl, Ryan C. Hudson, Rex Sharp, Nancy Levit

UMKC Law Review

No abstract provided.


Planning For Aggressive Multiparty Discovery In A Fast-Moving, Complex Mdl: An Example From The Opioids Litigation, Paul J. Geller, Aelish M. Baig, Thomas E. Egler, Matthew S. Melamed Jun 2021

Planning For Aggressive Multiparty Discovery In A Fast-Moving, Complex Mdl: An Example From The Opioids Litigation, Paul J. Geller, Aelish M. Baig, Thomas E. Egler, Matthew S. Melamed

UMKC Law Review

No abstract provided.


Settlements Of Mass Torts Claims, Vance R. Andrus Jun 2021

Settlements Of Mass Torts Claims, Vance R. Andrus

UMKC Law Review

No abstract provided.


From The Street To The Courtroom: The Legalization Of Graffiti Art, Meredith Burtin Jun 2021

From The Street To The Courtroom: The Legalization Of Graffiti Art, Meredith Burtin

UMKC Law Review

No abstract provided.


The Judicial Panel On Multidistrict Litigation: The Virtues Of Unfettered Discretion, Robert Klonoff Jun 2021

The Judicial Panel On Multidistrict Litigation: The Virtues Of Unfettered Discretion, Robert Klonoff

UMKC Law Review

No abstract provided.