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Articles 1 - 30 of 97
Full-Text Articles in Law
Uncommon Law: Ruminations On Public Nuisance , Richard O. Faulk
Uncommon Law: Ruminations On Public Nuisance , Richard O. Faulk
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Prairie Winds: A Look At Commercial Wind Farm Regulation Within Kansas. Zimmerman V. Board Of County Commissioners Of Wabaunsee County, Jonathan R. Austin
Prairie Winds: A Look At Commercial Wind Farm Regulation Within Kansas. Zimmerman V. Board Of County Commissioners Of Wabaunsee County, Jonathan R. Austin
Journal of Environmental and Sustainability Law
No abstract provided.
State Sponsored Global Warming Litigation: Federalism Properly Utilized Or Abused?, Joseph Forderer
State Sponsored Global Warming Litigation: Federalism Properly Utilized Or Abused?, Joseph Forderer
Journal of Environmental and Sustainability Law
No abstract provided.
Where Are We Going To Put All Of This Junk? The Ninth Circuit Dismisses An Attempt To Construct A Large Landfill In Southern California. National Parks & Conservation Association V. Bureau Of Land Management, Aaron Sanders
Journal of Environmental and Sustainability Law
No abstract provided.
Who's Footing The Bill For The Attorneys' Fees?: An Examination Of The Policy Underlying The Clean Water Act's Citizen Suit Provision. Saint John's Organic Farm V. Gem County Mosquito Abatement District, Mary Cile Glover-Rogers
Who's Footing The Bill For The Attorneys' Fees?: An Examination Of The Policy Underlying The Clean Water Act's Citizen Suit Provision. Saint John's Organic Farm V. Gem County Mosquito Abatement District, Mary Cile Glover-Rogers
Journal of Environmental and Sustainability Law
No abstract provided.
No Prp Left Behind: The Tenth Circuit Allows Non-Settling Prps To Intervene As Of Right In Cercla Consent Decree Actions. United States V. Albert Investment Co., Katie Jo Wheeler
No Prp Left Behind: The Tenth Circuit Allows Non-Settling Prps To Intervene As Of Right In Cercla Consent Decree Actions. United States V. Albert Investment Co., Katie Jo Wheeler
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Death Of The Challenge To Lethal Injection - Missouri's Protocol Deemed Constitutional Yet Again, Tanya M. Maerz
Death Of The Challenge To Lethal Injection - Missouri's Protocol Deemed Constitutional Yet Again, Tanya M. Maerz
Missouri Law Review
Lethal injection is currently the predominant form of execution nationwide. Most proponents of this method cite the convenience and the humanity of this procedure over past methods of execution. However, lethal injections are fraught with problems such as the specificity and safety of the written procedures themselves, implementation of such procedures, and whether lethal injection and executions in general are constitutional. Most often, prisoners file constitutional challenges to lethal injections under the Eighth Amendment, which prevents imposing cruel and unusual punishment on an American citizen. One of the more recent cases in Missouri cited such a challenge to the implementation …
Constitutional Interpretation Through A Global Lens, Rex D. Glensy
Constitutional Interpretation Through A Global Lens, Rex D. Glensy
Missouri Law Review
This Article seeks to clarify the current debate concerning the use of non-U.S. persuasive authority within the context of constitutional interpretation. It begins by noting that commentary on comparative constitutional law often fails to make any distinction between foreign domestic sources and international law used comparatively, and thus risks evoking parallels between different systems of law that lack context and plausibility. It then draws on various normative theories and underpinnings of both domestic and international legal regimes to show that a proper comparative enterprise must take this distinction into account. The Article concludes by explaining that only when those policy …
One Prong, Two Prong, Many Prongs: A Look Into The Economic Substance Doctrine, Amanda L. Yoder
One Prong, Two Prong, Many Prongs: A Look Into The Economic Substance Doctrine, Amanda L. Yoder
Missouri Law Review
Almost every federal circuit, as well as Congress, has weighed in on the economic substance doctrine and attempted to clarify its boundaries. The economic substance doctrine deals with transactions that, although technically in accord with the Internal Revenue Code (the Code or I.R.C.), were originally structured solely for tax avoidance purposes. The Internal Revenue Service and courts dislike these transactions because they thwart the general intent of Congress in enacting certain tax-saving Code provisions. Until recent amendments to the I.R.C., the federal circuits were split between two different approaches to tax avoidance transactions, yet the application of the two approaches …
Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe
Strip Searches Of Students: Addressing The Undressing Of Children In Schools And Redressing The Fourth Amendment Violations, Diana R. Donahoe
Missouri Law Review
This Article exposes the problems created by T.L.O. and its progeny, analyzes the Safford decision, and proposes recommendations for lower courts, legislatures, and local school boards to redress the current strip search crisis in public schools. Part II explains the T.L.O. two-prong test and illustrates the problems the T.L.O. Court and lower courts have had in applying it, specifically in strip search cases. Part III analyzes the Safford opinion and its ramifications. Part IV proposes ways in which lower courts, legislatures, and local school boards can redress the problems created by TL.O. and Saf ford so that officials will no …
Cumulative Subject Index For Volumes 74-75
Cumulative Subject Index For Volumes 74-75
Missouri Law Review
Cumulative Subject Index for Volumes 74-75
Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Are You My Mother - Missouri Denies Custodial Rights To Same-Sex Parent, Emmalee M. Miller
Missouri Law Review
This Note argues that Missouri should adopt a doctrine of alternative parentage that expands the definition of "parent" to include those in same-sex relationships who are not the biological or adoptive parents.' 0 In Part II, this Note analyzes the facts and holding of White. Next, in Part 111, this Note explores the Uniform Parentage Act and introduces the nontraditional forms of standing created by courts to allow third parties to obtain custody rights. Then, Part IV examines the court's rationale in White. Lastly, Part V explores why the court erred in its decision and why courts should recognize alternative …
Cut And Run - Tuition Reimbursement And The 1997 Idea Amendments, Brianna L. Lennon
Cut And Run - Tuition Reimbursement And The 1997 Idea Amendments, Brianna L. Lennon
Missouri Law Review
This Note addresses the challenges that courts face in balancing the legislative purpose of IDEA with its practical application. At its core, IDEA was enacted to preserve the right of all children to a "free appropriate public education" (FAPE), including special needs students who, under the law, have "the right to sit in the same classrooms, to learn the same skills, [and] to dream the same dreams as their fellow Americans." At the same time, IDEA and its amendments emphasize that "parents [need] a greater voice in their children's education." These goals can create a disconnect between what schools must …
Employees' Decade: Recent Developments Under The Mhra And The Employers' Potential Rebound, The, Dane C. Martin
Employees' Decade: Recent Developments Under The Mhra And The Employers' Potential Rebound, The, Dane C. Martin
Missouri Law Review
This Note will identify the considerable changes and varying interpretations of the MHRA over the last decade, analyze the optimal balance between the competing, important interests, and determine any potential need for amendment, including consideration of the various proposals currently before the legislature. Part 11 thus analyzes the four major areas of difficulty in the adjudication of MHRA claims in the last decade, including jury trials, available damages, the burden of proof, and individual liability. Next, Part III recognizes the most recent developments under the MHRA. And lastly, Part IV involves a two-part discussion beginning with the policy and effect …
Strict In Theory, But Accommodating In Fact, Ozan O. Varol
Strict In Theory, But Accommodating In Fact, Ozan O. Varol
Missouri Law Review
As law students quickly learn, the strict-scrutiny test governs challenges under the Equal Protection Clause to the government's use of suspect classifications and infringement on certain fundamental rights. To survive strict scrutiny, the government bears the heavy burden of showing a compelling interest in drawing a suspect classification or infringing on a fundamental right and narrowly tailored means to achieve that interest. Over the years, strict scrutiny has expanded to serve as a bulwark against government intrusions on many fundamental rights and liberties in the United States Constitution - including the right to vote, marry, access the courts, and freedom …
You Promised You Wouldn't Tell: Modifying Arbitration Confidentiality Agreements To Allow Third-Party Access To Prior Arbitration Documents, Gotham Holdings, Heath Grades
You Promised You Wouldn't Tell: Modifying Arbitration Confidentiality Agreements To Allow Third-Party Access To Prior Arbitration Documents, Gotham Holdings, Heath Grades
Journal of Dispute Resolution
To facilitate the speed, cost-effectiveness, and casual atmosphere of arbitration, it has long been thought that parties must trade in the usual features of the courts, such as precedent, appellate review, and certain evidentiary rules. With the increasing use of arbitration, many parties have begun to demand that some of the comforts that have long accompanied litigation be merged with the benefits of arbitration. Courts have, for the most part, denied such demands. Nevertheless, the Seventh Circuit in Gotham Holdings allowed such a demand by ruling that third parties must have the opportunity to obtain prior arbitration awards and use …
Tale Of Two Policies: Corporate Immunity And Its Negative Externalities, The Worst Of Times For Consumers, A, David Ma
Journal of Dispute Resolution
When the Third Circuit Court of Appeals, in Kaneff v. Del. Title Loans, Inc., faced a Pennsylvania statute that prohibited payday loans,' the Third Circuit refused to enforce the state statute. This note will explore the reasoning underlying and discuss the effects of the Third Circuit's decision, providing a consequential look at the externalities that Kaneff created. As will become evident, these effects are quite serious and far-reaching, both to Pennsylvania's citizens and Pennsylvania's regulatory scheme.
Arbitration Clauses In Contracts Of Adhesion Trap Sophisticated Parties Too, Andrea Doneff
Arbitration Clauses In Contracts Of Adhesion Trap Sophisticated Parties Too, Andrea Doneff
Journal of Dispute Resolution
Part II of this Article will provide a survey of the FAA, the cases that have enforced it since its passage in 1925, and the distinctions made by the drafters and the courts. Part III addresses a number of the common themes and limitations raised by cases applying the FAA, including the ability to protect statutory rights, the right to contract and have courts enforce contractual obligations, the need to protect consumers subject to mandatory arbitration clauses, and the need for finality in arbitration. Part IV reviews recent legislative and Supreme Court decisions considering issues regarding sophisticated and unsophisticated parties …
Building Bridges To Resolve Conflict And Overcome The Prisoner's Dilemma: The Vital Role Of Professional Relationships In The Collaborative Law Process, David Hoffman, Dawn Ash
Building Bridges To Resolve Conflict And Overcome The Prisoner's Dilemma: The Vital Role Of Professional Relationships In The Collaborative Law Process, David Hoffman, Dawn Ash
Journal of Dispute Resolution
Part 1 of this article describes the rapid growth of Collaborative Practice and the dense fabric of professional relationships that has been woven with the Collaborative Practice community. Part H explores the Prisoner's Dilemma, which explains why, in the absence of such relationships and mutual commitments to collaboration, there are hard-to-resist pressures to engage in competitive, win-lose, adversarial forms of negotiation. Part II also explores the role that lawyers can play in overcoming those pressures. Part III is based on interviews with teams of Collaborative lawyers and other professionals, who describe the personal qualities and skills that support strong relationships …
Pitfalls And Possibilities Of Using Technology In Mediating Cross-Border Child Custody Cases, The, Melissa A. Kucinski
Pitfalls And Possibilities Of Using Technology In Mediating Cross-Border Child Custody Cases, The, Melissa A. Kucinski
Journal of Dispute Resolution
This paper will explore current efforts to ensure parents have the opportunity to elect voluntary mediation with a skilled international family mediator to resolve issues stemming from one parent traveling to another country with the parties' child, against the wishes of the co-parent. Additionally, this paper will explore, in general, the practical and substantive considerations in mediating a cross-border child custody case, with a focus on one issue of primary concern-the use of technology in these mediations. The paper will additionally include a discussion on whether technology will hinder or help resolution when considering cultural differences. Many mediators prefer to …
Obituary For The Federal Arbitration Act: An Older Cousin To Modern Civil Procedure, An, Imre S. Szalai
Obituary For The Federal Arbitration Act: An Older Cousin To Modern Civil Procedure, An, Imre S. Szalai
Journal of Dispute Resolution
In order to explore the different ways in which the FAA is related to the development of modern civil procedure, this article is divided into four main parts. first, this article discusses how the FAA is related to the Judiciary Act of 1925. Second, this article focuses on the FAA's relationship to the enactment of the Rules Enabling Act and the related adoption of the Federal Rules of Civil Procedure. Third, this article discusses how the Supreme Court's transformation of the doctrine of personal jurisdiction in International Shoe is related to the enactment of the FAA. Fourth, this article discusses …
State Legislative Update , Josephine Larison, Steven Robson, Elizabeth Russell, Derek Ankrom
State Legislative Update , Josephine Larison, Steven Robson, Elizabeth Russell, Derek Ankrom
Journal of Dispute Resolution
Vermont House Bill 663 would modify current law to follow a national trend of special medical malpractice statutes that require the arbitration of such claims, as well as following a similar trend to limit noneconomic and non-pecuniary damage recovery.' Arbitration for medical malpractice claims has been allowed under state law for more than thirty years. The bill, sponsored by nine members of the General Assembly, sought to amend the "Voluntary Arbitration Chapter," chapter 215 (§§ 7001-7009) and add a provision to section 1913 of Vermont Statute Title 12.
More Than Just Territorial: The 8th Circuit Establishment A Resourceful Precedent In Claiming Jurisdiction Over Denials To Compel Arbitration, Ashley Marshall
More Than Just Territorial: The 8th Circuit Establishment A Resourceful Precedent In Claiming Jurisdiction Over Denials To Compel Arbitration, Ashley Marshall
Journal of Dispute Resolution
This note argues that the Eighth Circuit's decision to claim jurisdiction in Industrial Wire Products, Inc. v. Costco Wholesale Corp. was practical and resourceful, as that court is better suited to decide matters of contract interpretation. The highly specialized Federal Circuit should devote its time and expertise to governing cases in particular areas of law, like patent litigation and administrative law. This note further argues that the Eighth Circuit preserved judicial resources and adhered to the parties' intentions in holding that the patent infringement claims were required to proceed through arbitration.
Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo
Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo
Journal of Dispute Resolution
This Article begins in Part II with a review of the rationale for appellate mediation programs. In Part III the Article will discuss the development and evaluation of a pilot program for the mediation of family appellate cases in Minnesota. The pilot was developed and implemented with the goals of settlement and other qualitative justice measures in mind. Moreover, preliminary evaluation results for the pilot suggest that both continue to be important and can be achieved.3 In Part IV the Article will discuss the elements of program design most likely to make appellate mediation programs succeed, in terms of both …
Union Refusal To Arbitrate: Pyett's Unanswered Question, F. Ryan Van Pelt
Union Refusal To Arbitrate: Pyett's Unanswered Question, F. Ryan Van Pelt
Journal of Dispute Resolution
Kravar v. Triangle Services, Inc., provides the most workable solution to date, balancing competing union, employer, and employee interests. Kravar gives an employee access to federal court, as a matter of right, in the face of union refusal to arbitrate his or her federal statutory claims.8 Although the Federal District Court for the Southern District of New York offered little discussion of the policy behind its new rule, there are sound policy rationales underlying it.