Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alternative dispute resolution (8)
- Intellectual property (7)
- Patent (7)
- International (6)
- Patent law (6)
-
- Rule of law (6)
- ADR (5)
- Federal circuit (5)
- Federal court (5)
- Missouri (5)
- Supreme court (5)
- Court of appeals (4)
- Arbitration (3)
- Eighth circuit (3)
- Property (3)
- Waiver (3)
- Class arbitration (2)
- Consumer (2)
- Corporate (2)
- Employment (2)
- Federal sentencing guidelines (2)
- Indigent (2)
- Legislation (2)
- Missouri supreme court (2)
- Religion (2)
- United states (2)
- 167.131 (1)
- 490.715 (1)
- 78.07 (1)
- 78.07c (1)
Articles 1 - 30 of 87
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Waste Not, Want Not: Low-Level Radioactive Waste And The United States' Need For A Revised System Of Disposal. Energysolutions, Llc V. Utah, Mark A. Abbott
Waste Not, Want Not: Low-Level Radioactive Waste And The United States' Need For A Revised System Of Disposal. Energysolutions, Llc V. Utah, Mark A. Abbott
Journal of Environmental and Sustainability Law
No abstract provided.
Secular Vs. Sacred: Nepa Again Proves To Be An Ineffective Tool To Protect Sacred Land. Pit River Tribe, Et Al. V. United States Forest Service, Et Al., Joshua K. Friel
Secular Vs. Sacred: Nepa Again Proves To Be An Ineffective Tool To Protect Sacred Land. Pit River Tribe, Et Al. V. United States Forest Service, Et Al., Joshua K. Friel
Journal of Environmental and Sustainability Law
No abstract provided.
A Supplemental Labeling Regime For Organic Products: How The Food, Drugs, And Cosmetic Act Hampers A Market Solution To An Organic Transparency Problem , Ariele Lessing
A Supplemental Labeling Regime For Organic Products: How The Food, Drugs, And Cosmetic Act Hampers A Market Solution To An Organic Transparency Problem , Ariele Lessing
Journal of Environmental and Sustainability Law
No abstract provided.
Crying Over Spilt Milk: A Closer Look At Required Disclosures And The Organic Milk Industry. International Dairy Foods Association V. Boggs, David A. Martin
Crying Over Spilt Milk: A Closer Look At Required Disclosures And The Organic Milk Industry. International Dairy Foods Association V. Boggs, David A. Martin
Journal of Environmental and Sustainability Law
No abstract provided.
Do Polluters Truly Pay? A Chip In The "Potentially Responsible Parties" Analysis For Hazardous Waste Cleanup. Celanese Corporation V. Martin K. Eby Construction Company, Inc., Katherine E. Vogt
Journal of Environmental and Sustainability Law
No abstract provided.
Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep In The Heart Of Texas. Sierra Club, Inc. V. Sandy Creek Energy Assoc., L.P., Kristen R. Michael
Mercury Rising? Fifth Circuit Applies Administrative Laws Retroactively Deep In The Heart Of Texas. Sierra Club, Inc. V. Sandy Creek Energy Assoc., L.P., Kristen R. Michael
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Mavericks, Moderates, Or Drifters - Supreme Court Voting Alignments, 1838-2009, Christine Kexel Chabot, Benjamin Remy Chabot
Mavericks, Moderates, Or Drifters - Supreme Court Voting Alignments, 1838-2009, Christine Kexel Chabot, Benjamin Remy Chabot
Missouri Law Review
We introduce a new data set recording the vote of every Justice in 18,812 Supreme Court cases decided between 1838 and 1949. When combined with existing data sets, our new data allow us to examine votes in all cases through 2009. We use this data to address previously unanswerable questions about the president's ability to appoint Supreme Court Justices of similar ideology. Surprisingly, history shows that the president's odds of appointing a Justice who sides with appointees of his party have been no better than a coin flip. We find no evidence that divided government at the time of nomination …
Do I Own This Car - The Supreme Court Creates A Standard For Bapcpa Car Ownership, Anne Benton Hucker
Do I Own This Car - The Supreme Court Creates A Standard For Bapcpa Car Ownership, Anne Benton Hucker
Missouri Law Review
The case was Ransom v. FIA Card Services, N.A., and the dispute was whether, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Appellant Jason Ransom should be able to claim a vehicle ownership expense for purposes of Chapter 13 bankruptcy for the unencumbered car that he owned. Practitioners in the bankruptcy field had been watching the progression of this case and were eager to learn the Court's resolution of the issue. The interest was due to two reasons. First, the outcome of the case would affect approximately 250,000 Chapter 13 petitioners. Second, the case would resolve …
Apples And Oranges: Securities Market Losses Should Be Treated Differently For Major White-Collar Criminal Sentencing Under The Federal Guidelines, John D. Esterhay
Apples And Oranges: Securities Market Losses Should Be Treated Differently For Major White-Collar Criminal Sentencing Under The Federal Guidelines, John D. Esterhay
Missouri Law Review
Part II analyzes the history of market loss, a calculation of loss that arose as a damage calculation in private plaintiff civil securities fraud actions. This Part describes the evolving theory of loss causation in order to understand the foundation for market loss at criminal sentencing. This Part also explains how market loss might have been used in sentencing before the Guidelines. After the codification of the Guidelines, victim loss became the official driving factor in fraud sentencing. Thus, Part III examines the loss table and how a large loss finding leads to a long prison term recommendation. Because the …
Life Without Parole, Or A Juvenile Death Sentence, Kyle Gottuso
Life Without Parole, Or A Juvenile Death Sentence, Kyle Gottuso
Missouri Law Review
Part II of this Note will look at the court's decision to allow juveniles to be sentenced to life without parole. In doing so, this Note will outline the policies underlying the U.S. Supreme Court's Eighth Amendment jurisprudence. Next, Part III of this Note will survey more broadly the U.S. Supreme Court's interpretation of the Eighth Amendment in terms of life without parole as well as death penalty cases. Part IV of this Note will then look at the reasoning of the majority and the dissent in the instant case. Finally, Part V of this Note will attempt to reconcile …
Cost Of A Tax Agenda: The Passage Of Proposition A And Its Effect On Kansas City And St. Louis City, The, Missy Mccoy
Cost Of A Tax Agenda: The Passage Of Proposition A And Its Effect On Kansas City And St. Louis City, The, Missy Mccoy
Missouri Law Review
This Law Summary begins with a discussion of the history of the earnings tax in Kansas City and St. Louis City starting with both cities' designations as home rule cities.10 Being home rule cities allowed them independence in governing their populace and the eventual implementation of an earnings tax through city charters and state enabling statutes. Next, this Law Summary discusses Proposition A's repeal of the previous enabling statutes, the institution of new statutes, and the prohibition of any other city from passing an earnings tax. This Law Summary takes the position that Proposition A, funded largely by St. Louis-area …
Developing The Duffy Defect: Identifying Which Government Workers Are Constitutionally Required To Be Appointed, Stacy M. Lindstedt
Developing The Duffy Defect: Identifying Which Government Workers Are Constitutionally Required To Be Appointed, Stacy M. Lindstedt
Missouri Law Review
In 2007, Professor John Duffy wrote a brief article questioning whether administrative patent judges are constitutional officers and therefore subject to the Appointments Clause. A litigant latched onto the argument and challenged the validity of eight years of Board of Patent Appeals and Interferences determinations. Congress enacted a patch to provide for the appointment of patent judges, but the "Duffy Defect" did not stop there. Other scholars have questioned the constitutionality of various government actors from Bankruptcy Judges to the Pay Czar. The United States Tax Court dealt with a recent Appointments Clause challenge when a taxpayer questioned whether Internal …
Leveraging Tribal Sovereignty For Economic Opportunity: A Strategic Negotiations Perspective, Gavin Clarkson, Jim Sebenius
Leveraging Tribal Sovereignty For Economic Opportunity: A Strategic Negotiations Perspective, Gavin Clarkson, Jim Sebenius
Missouri Law Review
Part II of this Article discusses the sovereign nature of tribal governments and reviews the history of tribal sovereignty, concluding with an examination of tribal-state compacting outside of the gaming context. Part III examines the origins of Indian gaming, focusing on the development of the legal framework which governs tribal gaming activities and necessitates the negotiation of tribal-state gaming compacts. Given the need for tribal-state negotiations, Part IV presents a framework for structuring and analyzing negotiations. Part V applies that framework in the retelling of the first part of the Foxwoods story, the negotiations regarding the original gaming compact. The …
Sticks And Stones: Iied And Speech After Snyder V. Phelps, Heath Hooper
Sticks And Stones: Iied And Speech After Snyder V. Phelps, Heath Hooper
Missouri Law Review
On March 3, 2006, Marine Lance Corporal Matthew Snyder died while serving a tour of duty in Iraq. After hearing of his funeral, members of the Kansas-based Westboro Baptist Church attended and protested the Maryland ceremony bearing graphic photos and signs declaring "Thank God for IEDs" and "Thank God for Dead Soldiers." The church members did so in reflection of their religious belief that God has doomed America and its military missions because of the country's tolerance for homosexuality. Following the protest, Matthew Snyder's father, Albert Snyder, sued the Westboro Baptist Church for a variety of civil wrongs, including intentional …
Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak
Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak
Missouri Law Review
The competing standards of Internet libel jurisdiction reflect the tensions between the forum state's interest in providing convenient recovery for its injured residents and the defendant's constitutional right to foresee where he might be subject to jurisdiction. In an effort to pursue these two goals as well as integrate modem Internet-related concerns, lower courts have derived numerous divergent tests for Internet libel jurisdiction, leaving the issue in a state of disorder and ambiguity. To analyze this problem, this Note will first survey the historical background of traditional personal jurisdiction principles, with particular emphasis on the U.S. Supreme Court's Calder "effects" …
In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises, Leyla Davarnejad
In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises, Leyla Davarnejad
Journal of Dispute Resolution
This socio-legal study undertakes a comprehensive analysis of the various practices NCPs apply to solve CSR disputes during specific instances. It does so in four parts, starting with an outline of the legal background of the CSR debate and movement in Part II. Part Ill examines the construction and content of the Guidelines. Also, Part III explores the soft law nature debate and how it shapes the NCPs' commitment and implementation of the Guidelines. In Part IV, the empirical findings of this study are presented to illuminate how the soft law nature of the Guidelines shapes the NCPs' commitment and …
Consent Is The Key To Compel: The Eighth Circuit Properly Denies A Motion To Compel A Non-Signatory To Arbitrate United States Court Of Appeals, Eighth Circuit: Bank Of America V. Umb Financial Services, Tom Swoboda
Journal of Dispute Resolution
This Note addresses a recent Eighth Circuit decision concerning the issue of whether or not to compel arbitration between a non-signatory plaintiff and a defendant who desires to arbitrate the plaintiff's claims.' After examining a recent Supreme Court decision in which the Court articulated certain principles of state contract law that allow a court to compel arbitration by or against nonparties to a contract, this Note will explore precedent in Missouri that demonstrates a stringent process in order to compel non-signatories to arbitration. The various federal circuit court treatments of this commonly litigated issue and its underlying split on the …
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao
Journal of Dispute Resolution
This article explores the extent arbitrators exercise procedural power under Chinese law in six parts. Part II briefly provides background information for the legal framework of Chinese arbitration law and the "dual-track system" in the Chinese arbitration regime. The ensuing parts deal with the three major aspects of arbitrators' procedural power respectively: Part III discusses the power of making jurisdictional decisions, Part IV analyzes the power of making applicable law decisions, and Part V explores the power of issuing interim measures. Part VI concludes that in all three aspects, the procedural power of arbitrators under Chinese law is heavily restricted …
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Journal of Dispute Resolution
This article examines two significant conflicts of interest that arise in class arbitration in six parts. Part II provides background on the recent evolution of class arbitration, explaining how the Supreme Court had decided several cases involving class arbitration but has not explicitly ruled that class actions are either permitted or forbidden. Part III discusses the conflicts of interest that could arise at the beginning of class arbitration. Part IV discusses conflicts of interest that arise at the end of class arbitration. Part V of this article argues that if and when Congress amends the Federal Arbitration Act to statutorily …
Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard, Ashley Feasley
Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard, Ashley Feasley
Journal of Dispute Resolution
This paper will illustrate how the regulation of mediator training and the implementation of minimum qualification levels will help the Directive have a longterm impact in six parts. Part II will briefly examine mediation in an international law context. Part III will discuss the history of the Directive and pertinent provisions of the Directive. Part IV will address the recent situation in Italy, with a particular focus on the opposition to Legislative Decree 28, mandatory mediation, and the perceived lack of mediator qualifications. Part V will examine the current mediator trainings and qualification standards that are required in other selected …
Missouri Courts Side With Employees Against The Eighth Circuit: Continued Employment Does Not Constitute Acceptance And Consideration For Mandatory Arbitration Agreements: Frye V. Speedway Chevrolet Cadillac, Laura Browne
Journal of Dispute Resolution
The question of whether continued employment constitutes acceptance and consideration for an employment contract, particularly applied to mandatory arbitration clauses, has split the authorities who decide on cases arising out of Missouri. The United States Court of Appeals for the Eighth Circuit, while purporting to apply Missouri law in cases arising out of Missouri, holds that an employee who continues to work for his or her employer after an arbitration program has been implemented is bound by it by the virtue of his or her continued employment. Missouri courts, however, disagree with this interpretation of Missouri law and held in …
Foreigners Beware: Exploring The Tension Between Saudi Arabian And Western International Commercial Arbitration Practices: In Re Aramco Services Co., Whitney Hampton
Foreigners Beware: Exploring The Tension Between Saudi Arabian And Western International Commercial Arbitration Practices: In Re Aramco Services Co., Whitney Hampton
Journal of Dispute Resolution
Increasing globalization in the Middle East has resulted in greater commercial interaction between Saudi Arabia and the West. This, in turn, has led to a resurgence of international arbitration agreements between Saudi Arabian businesses and their Western counterparts. However, the strong religious undertones in Saudi Arabian law have given rise to tension with the West, and the United States, in particular. In re Aramco Services is but a tiny piece in a very large puzzle. While the opinion is short, it serves as an indication, or perhaps a reminder, of the larger implications at work. This note will discuss these …
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
Journal of Dispute Resolution
This analysis will examine the sample of bills in four parts. Because some of the proposed state bills are silent on whether their respective bills are reserved for non-commercial matters, Part II examines whether the bills apply to businesses that are parties to business-to-business international commercial contracts. Part III assesses the bills' definition of foreign law to better understand the scope of the anti-foreign law bans. Because each anti-foreign law bill initially defines foreign law as one that is created outside the U.S., Part III analyzes whether the bills' foreign law definitions include international organizations and tribunals. It is important …
No Signature Needed: The Supreme Court Of California Settles Precedent And Furthers The Goals Of The Medical Injury Compensation Reform Act: Ruiz V. Podolsky, Meghan L. Travis
No Signature Needed: The Supreme Court Of California Settles Precedent And Furthers The Goals Of The Medical Injury Compensation Reform Act: Ruiz V. Podolsky, Meghan L. Travis
Journal of Dispute Resolution
In Ruiz v. Podolsky,2 the California Supreme Court ended the strife surrounding wrongful death claims when Rafael Ruiz (Ruiz), the decedent, executed a binding arbitration agreement.3 The court was able to soundly support its decision on applicable legislation, case law and public policy after weaving its way through a turbulent mish-mash of contradictory precedent. This note will discuss: (1) California's attempt to decrease the cost of medical malpractice claims, (2) the ramifications of Ruiz's allowing arbitration agreements to bind heirs, and (3) the differing approaches states have taken toward the application of binding arbitration agreements to beneficiaries
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic
Journal of Dispute Resolution
This article serves to illustrate how the implementation of a plea bargaining process at the ICC would enable the Court to achieve both peace and justice. Part II begins by analyzing the history of plea bargaining in the international criminal arena, using the ICTY and the ICTR as models of the successful incorporation of plea bargaining into a court's adjudication process. Part III transfers these advantages to the ICC by examining how the plea bargaining process would advance the Court's goals of achieving peace and justice. Part IV moves from the theoretical to the practical by analyzing how the principles …
Patent Law's Unpredictability Doctrine And The Software Arts, Greg R. Vetter
Patent Law's Unpredictability Doctrine And The Software Arts, Greg R. Vetter
Missouri Law Review
Part II reviews these insights from the Norden model generally. Part III brings these insights to the disclosure doctrines for software patents, with particular emphasis on the unpredictability factor for undue experimentation within enablement. The model corresponds well with enablement and best mode but does not correspond as well with other disclosure-prompting doctrines whose role is related to defining the claim. Thus, the review in Part III of written description, definiteness, and means-plus-function (§ 112 T 6) claim limitations helps establish the contours of applicability for the Norden model. The discussion of Part III also reviews the current state of …