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Articles 31 - 60 of 66
Full-Text Articles in Law
Separating Power: No Legislative Veto Of Agency Action, Philip W. Bledsoe
Separating Power: No Legislative Veto Of Agency Action, Philip W. Bledsoe
Missouri Law Review
No abstract provided.
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck
Faculty Publications
In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …
Preface By The Dean, Dale A. Whitman
Preface By The Dean, Dale A. Whitman
Faculty Publications
It will no surprise to readers of this Journal that in recent years there has been an enormous increase of interest by lawyers in non-litigous methods of resolving disputes. We have seen a vast proliferation of newsletters, magazines, bar association committees, and other organs.
Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The Uniform Arbitration Act (UAA), 1 proposed by the National Conference on Uniform State Laws in 1955, has been adopted by slightly more than half the states.' The purpose of this survey is to explain the principles underlying court decisions interpreting the UAA, and provide a framework for analyzing future cases.
Table Of Leading Articles\Comments Index To Volume 49
Table Of Leading Articles\Comments Index To Volume 49
Missouri Law Review
No abstract provided.
Table Of Book Reviews Index To Volume 49
Table Of Notes Index To Volume 49
William C. Myers, Jr. Dedication
Index To Subjects Index To Volume 49
Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler
Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler
Missouri Law Review
No abstract provided.
Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, The, Mack A. Player
Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, The, Mack A. Player
Missouri Law Review
No abstract provided.
Court Of Appeals For The Federal Circuit: More Than A National Patent Court, The, Charles W. Adams
Court Of Appeals For The Federal Circuit: More Than A National Patent Court, The, Charles W. Adams
Missouri Law Review
No abstract provided.
Separate Cause Of Action For Contribution Among Joint Tortfeasors, A, Gretchen H. Myers
Separate Cause Of Action For Contribution Among Joint Tortfeasors, A, Gretchen H. Myers
Missouri Law Review
No abstract provided.
Candidates And The New Technologies: Should Political Broadcasting Rules Apply, Daniel J. Swillinger
Candidates And The New Technologies: Should Political Broadcasting Rules Apply, Daniel J. Swillinger
Missouri Law Review
No abstract provided.
Antitrust Suits By Discharged Employees, James A. Montee
Antitrust Suits By Discharged Employees, James A. Montee
Missouri Law Review
No abstract provided.
Future Advances In Missouri, Rita Carper Sowards
Future Advances In Missouri, Rita Carper Sowards
Missouri Law Review
No abstract provided.
Rethinking Equal Protection, Larry M. Schumaker
Rethinking Equal Protection, Larry M. Schumaker
Missouri Law Review
No abstract provided.
Determining Mental States For Narcotics Offenses Under The Missouri Criminal Code, Edward P. Carlstead
Determining Mental States For Narcotics Offenses Under The Missouri Criminal Code, Edward P. Carlstead
Missouri Law Review
No abstract provided.
Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii
Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii
Faculty Publications
When a farm-born Kansan becomes one of the great teachers, authors, and scholars in the history of Anglo-American law, the story of his Kansas connection is worth noting in a law review published in his native state. This is the story of Arthur L. Corbin's early years and of his life-long fondness for the university where his quest for excellence began.
Introduction, Leonard L. Riskin
Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck
Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck
Faculty Publications
The thesis of this Article is that the myth-of-neutrality argument is partially right and partially wrong. For reasons of religious liberty, the state can and should avoid any involvement with matters of religious worship, and the propagation or inculcation of matters that comprise the very heart of one's belief concerning the nature and destiny of mankind. Conversely, the state cannot retreat from the regulation of certain conduct which is arguably immoral and still claim its neutrality concerning the rightness of the conduct. The very decision by the state to withdraw its regulation, leaving the morality of the conduct up to …
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Faculty Publications
This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.
Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii
Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii
Faculty Publications
For most of us the "small world" of insurance law, as it reflects and responds to changes in the "larger world," is also becoming increasingly complex. Part I of this article discusses cases involving questions of contract formation and termination; Part II concerns issues involving the performance of obligations arising out of the insurance contract; Part III studies several cases involving the construction and interpretation of contract language; Part IV is devoted solely to automobile insurance issues; finally, Part V discusses a few detached ideas.
New Settlement Statute: Its History And Effect, David A. Fischer
New Settlement Statute: Its History And Effect, David A. Fischer
Faculty Publications
The statute concerning releases in multiple tortfeasor cases was amended to encourage settlements in two ways. It protects the settling tortfeasor from future liability for contribution, and it protects the settling claimant from having future judgments against non-settling tortfeasors reduced by more than an amount ascertainable at the time of the settlement. This article discusses the operation of the new statute and its relation to the law of contribution, indemnity, and comparative fault in Missouri.
Preface By The Dean, Dale A. Whitman
Preface By The Dean, Dale A. Whitman
Journal of Dispute Resolution
No abstract provided.
Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder
Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder
Journal of Dispute Resolution
Efforts to demystify and simplify the way disputes are settled in American society seem to have congealed into a nationwide movement within less than a decade: neighborhood justice centers, arbitration, divorce mediation, no-fault auto insurance, do-it-yourself probate, "plain English" land and rental agreements, government ombudsmen, consumer hot lines, community mediation of minor criminal cases. A growth industry, if there ever was one
Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado
Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado
Journal of Dispute Resolution
This paper develops the idea that arbitral decision making has an analog in social science research.1 It asserts that the hypothesis testing procedure in social sciences is directly analogous to the arbitral process. The research format of an economist, sociologist, or psychologist might be as follows: 1. Generate the null (H.) and alternate (H) hypotheses to be tested. 2. Collect reliable and valid data relative to the hypothesis. 3. Evaluate and analyze this data by subjecting it to statistical tests. 4. Arrive at conclusions by accepting or rejecting the null hypothesis after statistical testing. 5. Explain and discuss findings
Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray
Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray
Journal of Dispute Resolution
The purpose of this Article is to outline a set of characteristics which can serve as initial guideposts for the eventual development of a framework for a comprehensive institution to assist disputing parties in more effectively resolving their conflicts. Consensual dispute processing appears to be at the point in its growth where it needs to be liberated from its present "alternatives" status and allowed to mature as a separate, full-fledged institution.