Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Recent Cases (4)
- North carolina (3)
- Disclosure (2)
- Real estate (2)
- Regulation (2)
-
- Transferring real estate (2)
- Aesthetic zoning (1)
- Air crash (1)
- Alimony (1)
- Ancillary costs (1)
- Aviation (1)
- Books Received (1)
- Child custody (1)
- Civil action (1)
- Clifton Daniel (1)
- Collision (1)
- Community (1)
- Compensatory (1)
- Competency (1)
- Constitutional guarantee (1)
- Consumer credit (1)
- Conveyancing (1)
- Credit (1)
- Creditor obligation (1)
- Criminal behavior (1)
- Criminal incompetency (1)
- Criminal insanity (1)
- Criminal procedure (1)
- Development (1)
- Divorce (1)
- Publication Type
Articles 1 - 30 of 36
Full-Text Articles in Law
Ancillary Costs In The Purchase Of Homes, John C. Payne
Ancillary Costs In The Purchase Of Homes, John C. Payne
Missouri Law Review
The basic legal doctrine governing the transfer of land is relatively simple. Or, to be more accurate, it is not especially difficult to comply with the minimum requirements of the law. Theoretically, the grantor must merely execute and deliver a conventional document. In practice, however, land transfers are sufficiently complex to require the services of a number of persons besides the immediate parties. Real estate brokers, attorneys, mortgage lenders, public officials, and others play their parts and generally demand compensation. It follows that in the sale of land two distinct costs must be met: first, the gross purchase price; and …
Mental Responsibility And The Criminal Law In Missouri, Henry S. Clapper
Mental Responsibility And The Criminal Law In Missouri, Henry S. Clapper
Missouri Law Review
The purpose of this comment is two-fold: first, to discuss generally the criminal law concept of mental disease or defect; and second, to provide an analysis of important Missouri case law arising under the 1963 mental responsibility act. Prior to the passage of the act, Missouri followed the traditional test for criminal insanity known as the M'Naghten Rule. The new codification includes some of the various modifications of the M'Naghten Rule that have been made in both the recent and more distant past. In order to better understand the application of the Missouri statute, a discussion of the various approaches …
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Missouri Law Review
The first part of this article analyzes the preliminary hearing as a working institution. The second part sets out and evaluates current proposals and prospects for improving the hearing through reform. In the third part a set of alternative procedures is proposed which might function better than a judicial hearing with multiple functions, and comparisons are made with present and proposed hearing procedures. Throughout the article it will be assumed that any proposal for reform should fairly and effectively protect the interests of the accused while respecting the needs of law enforcement. In addition, any proposal for reform should take …
Criminal Responsibility And Competency As Influenced By Organic Disease, Earl F. Rose
Criminal Responsibility And Competency As Influenced By Organic Disease, Earl F. Rose
Missouri Law Review
It is the purpose of this article to survey legally significant organic diseases that may be contributing factors in criminal conduct or lead to criminal incompetency. An exhaustive cataloging of diseases is not intended, but rather the goal is to create an awareness in the practicing attorney, who finds himself defending an individual of questionable mental stability, of the possible medical theories that may be argued in defending his client. It is hoped that the material presented herein will alert the attorney to the necessity of seeking an expert medical opinion whenever the attorney suspects that his client is suffering …
Taxability Of Scholarships And Fellowships, Myron S. Zwibelman
Taxability Of Scholarships And Fellowships, Myron S. Zwibelman
Missouri Law Review
Since section 117 of the Internal Revenue Code was enacted in part to end the confusion created by the gift-compensation test under the 1939 Code, one might expect the section to resolve the basic definitional issue: which payments qualify as scholarship and fellowships? Yet, nowhere in section 117 or in its legislative history are the terms scholarship and fellowship defined. Either Congress was satisfied that these terms had generally accepted meanings which were not open to question or that there was no simple definition which would resolve the hard cases and that these might better be left to resolution by …
Separation Agreements In Missouri, Irwin E. Blond
Separation Agreements In Missouri, Irwin E. Blond
Missouri Law Review
In the calendar year of 1968 an estimated 537,000 divorces took place in the United States. In many of these divorces the respective future rights and responsibilities of the parties were fixed in a written agreement known as the "Separation Agreement." The purpose of this comment is to present the practical problems encountered in Missouri in the use of such agreements and to suggest possible solutions for them. In the absence of an agreement respecting the future responsibilities of the parties, the court's authority in such matters is limited. According to section 452.070, RSMo 1969, the court can grant a …
Legal Internship In Missouri, J. Douglas Cassity
Legal Internship In Missouri, J. Douglas Cassity
Missouri Law Review
Missouri has four excellent law schools. However, they have been operating at a disadvantage compared to schools in states providing for law student internship. The law students, the state, and the bar in states permitting student internship have a tremendous opportunity to reap such inestimable benefits as increased legal services for the poor, relief for the bar from some of the burden of providing legal services in non-fee producing cases, an increased awareness on the part of law students of the law's relation to the problems of society, and an increased competence of lawyers educated in the schools of the …
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri Law Review
The Truth in Lending Act, which became effective on July 1, 1969, regulates credit transactions which are to some extent the subject of existing state and local regulations. This local legislation is anything but uniform, and the hodgepodge of existing state law varies greatly in scope and intensity. The federal law provides that a creditor shall not be required to comply with any state law requirements which are inconsistent with the demands of the federal statute. The proposition has been asserted, however, that to the extent state laws are consistent with the federal rules (i.e. contain substantive provisions which are …
Estate Taxation Of Reciprocal Trusts, Norvie L. Lay
Estate Taxation Of Reciprocal Trusts, Norvie L. Lay
Missouri Law Review
As is to be expected, many individuals desire to avoid the inclusion of all their property in their gross estates for Federal estate tax purposes. Counterbalancing this desire is the wish to continue to enjoy all or some of the benefits therefrom during their lifetimes. This has often led to a transfer in trust with the grantor retaining some rights in the property but divesting himself of enough interest so as to create a reasonable expectation of having the value of the property excluded from his gross estate. These often elaborate schemes have proved both successful and unsuccessful depending upon …
Book Review
Missouri Law Review
Frederick Spiegel reviews Paul C. Reardon and Clifton Daniel’s 1968 report: Fair Trial and Free Press. Fair Trial and Free Press is a report on one in a series of National Debate Seminars sponsored by the American Enterprise Institute held at George Washington University, Washington, D. C. and the first in the series to be nationally televised. The debate dealt with the conflict of the two fundamental rights and centered around the controversial Reardon Report adopted at the ABA's House of Delegates in February, 1968. The participants in the debate were Justice Paul C. Reardon of the Supreme Judicial Court …
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Missouri Law Review
The Securities and Exchange Commission formed an internal study group in November, 1967, to examine the operation of the disclosure provisions of the Securities Act of 1983 (hereinafter referred to as the '33 Act), the Securities Exchange Act of 1934 (hereinafter referred to as the '34 Act), and SEC rules and regulations thereunder. This study group (hereinafter referred to as the Study) was under the direction and supervision of SEC Commissioner Francis M. Wheat. In March, 1969, the Study made its report to the SEC of its findings and proposals. The report is entitled Disclosure to Investors-A Reappraisal of Administrative …
Payments By A Cash Basis Federal Savings And Loan Association To The Fslic: Are They Deductible, Philip J. Erbacher
Payments By A Cash Basis Federal Savings And Loan Association To The Fslic: Are They Deductible, Philip J. Erbacher
Missouri Law Review
The author is an attorney in a Kansas City, Missouri law firm. His topic is the deductibility for federal income tax purposes of certain "premium" payments made by federally chartered savings and loan associations to the Federal Savings and Loan Insurance Corporation (FSLIC). Recently his firm was successful in establishing this point before a federal district court, and more recently the Court of Appeals for the Ninth Circuit, re- versing the Tax Court, reached a similar conclusion involving a savings and loan institution chartered under the laws of the state of California. In this article the author urges the correctness …
Federal Courts--Proposed Aircraft Crash Litigation Legislation, Kenneth W. Johnson
Federal Courts--Proposed Aircraft Crash Litigation Legislation, Kenneth W. Johnson
Missouri Law Review
The legal consequences of an air crash are infinitely more complex than other transportation disasters, and the litigation almost always presents special problems. A single crash often gives rise to multiple claims filed in diverse federal districts, each of which has proper jurisdiction and venue. Since liability may vary in accordance with the particular state law under which the case is tried, such duplication is arguably a necessary price for a federal system of law. State law, which ordinarily controls the resolution of substantive issues, may vary as to the use of certain defenses, the burden of proof, the availability …
Aesthetic Zoning: Property Values And The Judicial Decision Process, Sheldon Elliot Steinbacht
Aesthetic Zoning: Property Values And The Judicial Decision Process, Sheldon Elliot Steinbacht
Missouri Law Review
The reluctance of courts, as well as certain segments of the public, to accept aesthetics as the sole basis for zoning stems from a reverence for the historic rights of private property. Put in the least favorable light, aesthetic zoning may be considered as the exercise of the police power to restrain an individual in the use of his private property so that the community may have the luxury of gazing upon pleasant surroundings. Many feel that the property owner should not be compelled to bear the financial burden of making the community beautiful but instead that the community itself …
Table Of Leading Articles--Authors/Titles/Book Reviews
Table Of Leading Articles--Authors/Titles/Book Reviews
Missouri Law Review
Table of Leading Articles--Authors/Titles/Book Reviews
Book Review
Missouri Law Review
Charles Blackmar reviews Richard A. Watson and Rondal G. Downing’s 1969 publication: The Politics of the Bench and the Bar. The authors undertake to answer the difficult question of whether judges appointed under the plan are "better" than those chosen in partisan elections. The study employs five statistical compilations as follows: (1) lawyer evaluation of quality; (2) lawyer evaluation of impartiality; (8) standing in bar polls; (4) standing in popular vote in retention; and (5) affirmance-reversal record. The authors concede that the use of the last mentioned factor may be subject to question since the judge who is too afraid …
Reflections On Riparianism, T. E. Lauer
Reflections On Riparianism, T. E. Lauer
Missouri Law Review
The solution to the water problem must involve one or more of several limited alternatives. We must either: (1) develop new sources of water; (2) reduce our per capita water use; (3) stop our population growth; or (4) use our present supply of water more efficiently. Any solution will draw heavily upon science and technology. Through them we will learn to remove the salt from ocean water, to purify polluted waters, to distribute water economically over great distances, and to reduce the waste and even the use of water. It is clear that the law will create no new water. …
Planned Unit Development, Clifford H. Ahrens
Planned Unit Development, Clifford H. Ahrens
Missouri Law Review
The efforts of those seeking imaginative, flexible, and creative results from planning, zoning, and land-use controls have recently been concentrated on planned unit development (PUD). The basic purpose of PUD is to do away with the inflexible dimensional standards and use regulations of conventional zoning and planning laws, and thereby to encourage creative large-scale development in a way which can best utilize the land for the collective benefit of the residents. Individual PUD's most frequently involve the use of density zoning, rather than the conventional technique of minimum lot sizes. Under density zoning, by varying lot sizes and using buildings …
Law Or Equity: The Right To Trial By Jury In A Civil Action, Thomas Jean O'Neil
Law Or Equity: The Right To Trial By Jury In A Civil Action, Thomas Jean O'Neil
Missouri Law Review
The Missouri Constitution article 1, section 22 (a) provides that "the right of trial by jury as heretofore enjoyed shall remain inviolate ..."' The Missouri Supreme Court has interpreted this to mean that it does not extend or contract the right to trial by jury, but preserves the right as it existed at the time of the adoption of the constitution. In other words, since each of Missouri's four constitutions have similar provisions, the right is preserved as it existed in 1820, the date of adoption of Missouri's first constitution. At common law not all civil matters were tried before …