Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (32)
- Dispute Resolution and Arbitration (24)
- Legal Profession (5)
- Legal Education (4)
- Secured Transactions (3)
-
- Securities Law (3)
- Banking and Finance Law (2)
- Courts (2)
- First Amendment (2)
- Labor and Employment Law (2)
- Legislation (2)
- Business Organizations Law (1)
- Civil Law (1)
- Constitutional Law (1)
- Contracts (1)
- Education Law (1)
- Health Law and Policy (1)
- Legal Writing and Research (1)
- Litigation (1)
- Social Welfare Law (1)
- Keyword
-
- Ethical dilemma (5)
- Ethics (5)
- Law school history (4)
- Missouri law (4)
- Missouri law school (4)
-
- Missouri school of law (4)
- Mizzou (4)
- Mizzou law (4)
- Mizzou law school (4)
- Mizzou school of law (4)
- News (4)
- Policy (4)
- Transcript (4)
- University of missouri (4)
- University of missouri law (4)
- University of missouri law school (4)
- University of missouri school of law (4)
- Arbitration (3)
- Ethical implications (3)
- Implications (3)
- Mediation (3)
- Alternative dispute resolution (2)
- Arbitration agreements (2)
- Children (2)
- Disclosure (2)
- Discrimination (2)
- Economic (2)
- Negligence (2)
- Union (2)
- 1964 Act (1)
- Publication
- Publication Type
Articles 1 - 30 of 110
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Compliance: Negotiating The Regulatory Maze, Richard F. Chatfield-Taylor
Environmental Compliance: Negotiating The Regulatory Maze, Richard F. Chatfield-Taylor
Journal of Environmental and Sustainability Law
No abstract provided.
Cases To Watch And Legislative Summaries
Cases To Watch And Legislative Summaries
Journal of Environmental and Sustainability Law
No abstract provided.
Looking The Gift Horse In The Mouth: Wild Horse Management In Ozark National Scenic Riverways. Wilkins V. Lujan , Sarah Madden
Looking The Gift Horse In The Mouth: Wild Horse Management In Ozark National Scenic Riverways. Wilkins V. Lujan , Sarah Madden
Journal of Environmental and Sustainability Law
No abstract provided.
Cancerphobia Damages In Missouri: A Comprehensive Discussion On Toxic Torts And Fear Of Disease Recovery Comments And Casenotes , Thad R. Mulholland
Cancerphobia Damages In Missouri: A Comprehensive Discussion On Toxic Torts And Fear Of Disease Recovery Comments And Casenotes , Thad R. Mulholland
Journal of Environmental and Sustainability Law
No abstract provided.
Municipal Incinerator Ash Regulated As A Hazardous Waste Under Rcra: Costs And Options. City Of Chicago V. Environmental Defense Fund, Jackie Hamra
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, The, Edward A. Fallone
Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, The, Edward A. Fallone
Missouri Law Review
The nomination process for the Supreme Court has taken a welcome turn towards civility under President Clinton. The Ginsburg and Breyer nominations have been notable for the lack of partisan attacks on either nominee. However, analysis of the nominees' prior judicial record by the media and some observers continues to be outcome oriented rather than theory based. This single-minded attention to the ultimate "winners" and "losers" in a case creates the illusion of a particular political ideology on the part of the judge, with little true predictive value.
Preemption And Medical Devices: The Courts Run Amok, Robert S. Adler, Richard A. Mann
Preemption And Medical Devices: The Courts Run Amok, Robert S. Adler, Richard A. Mann
Missouri Law Review
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety matters comes from recent cases relating to medical devices and preemption. In this Article, we review the law relating to preemption, the Cipollone decision, the preemption provisions of the MDA, the regulations issued by the Food and Drug Administration ("FDA") relating to preemption, and the impact of Cipollone on court interpretations of the MDA. Based on our review of the intended preemptive effect of the MDA, we conclude that it is unlikely that either Congress or the FDA intended for the MDA to preempt state …
Missouri Slams The Door On Employees Of Independent Contractors, Matthew A. Clement
Missouri Slams The Door On Employees Of Independent Contractors, Matthew A. Clement
Missouri Law Review
Generally, a landowner is not liable for torts committed by an independent contractor. However, a landowner may be held responsible by an injured party if the work performed is "inherently dangerous." This Note examines the evolution of the law in this area and addresses the policies that aid in determining whether to allow employees of independent contractors to recover in tort from landowners when workers' compensation has already reimbursed them.
Birth Of Preconception Torts In Missouri, The, Raymond E. Williams
Birth Of Preconception Torts In Missouri, The, Raymond E. Williams
Missouri Law Review
The term"'preconception tort' refers to negligent conduct which occurred prior to the plaintiff’s conception.” This Note examines the legal development of preconception tort doctrine with particular focus on the foreseeability, statute of limitations, and policy issues flowing from the duty a defendant owes to an unborn plaintiff.
Loss Of A Chance As A Cause Of Action In Medical Malpractice Cases, Robert S. Bruer
Loss Of A Chance As A Cause Of Action In Medical Malpractice Cases, Robert S. Bruer
Missouri Law Review
Judicial treatment of the relationship between causation and the relatively new theory of loss of a chance in medical malpractice cases demonstrates this welter of confusion. In 1992, the Supreme Court of Missouri addressed whether loss of chance can constitute a cause of action under Missouri law. This Note will examine the Wollen decision as well as the myriad of cases addressing loss of chance.
Output Contracts And The Unreasonably Disproportionate Clause Of 2-306, Randal Owings Owings
Output Contracts And The Unreasonably Disproportionate Clause Of 2-306, Randal Owings Owings
Missouri Law Review
Open quantity contracts evolved due to the commercial advantages inherent in such contracts. However, the level of permissible quantity variation within an open quantity contract has been frequently litigated. In Atlantic Track and Turnout v. Perini, the First Circuit resolved a dispute concerning variation within such a contract. This Note examines the traditional analysis used by the court in resolving this dispute and suggests an alternative method of analysis.
Amending The Article Nine Filing System To Meet Current Deficiencies, Edward S. Adams, Steve H. Nickles
Amending The Article Nine Filing System To Meet Current Deficiencies, Edward S. Adams, Steve H. Nickles
Missouri Law Review
Article Nine' is currently undergoing substantial revision. "[B]ecause secured credit is a trillion-dollar activity," this revision is extraordinarily significant. A focal point of this amendment process is Article Nine's notice-filing system which apprises prospective creditors, and others, of a secured party's interest in a debtor's collateral.' As few would dispute, the notice-filing system, which seeks to cure the "ostensible ownership problem," is in serious need of repair.
Cause-In-Fact In Missouri: A Return To Normalcy, Christopher M. Hohn
Cause-In-Fact In Missouri: A Return To Normalcy, Christopher M. Hohn
Missouri Law Review
In order to establish liability in most tort actions, a plaintiff must show that the defendant "caused" the injury or harm in question. This Note focuses on the cause-in-fact requirement discussed in the Missouri Supreme Court case, Callahan v. Cardinal Glennon Hospital. In Callahan , the court dispelled much of the confusion that has plagued Missouri cause-in-fact analysis.' The court clearly expounded the test for cause-in-fact questions. Furthermore, the court explained the exception to the basic test, and clarified Missouri law regarding this essential element of tort liability.
Children And Comparative Fault: Determining The Burden Small Shoulders Should Bear, Leta Elizabeth Hodge
Children And Comparative Fault: Determining The Burden Small Shoulders Should Bear, Leta Elizabeth Hodge
Missouri Law Review
Missouri has long favored a system that treats assessment of a child's contributory fault as a fact issue. Although the system, referred to as the "modem trend," has undeniable advantages and provides protection for both children and the adults who negligently injure them, the system has drawbacks when applied to very young children. The negatives of the system should lead us to question whether society is adequately protecting its youngsters or demanding far too much of them.
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Faculty Publications
This Article examines three separate aspects of the relationships between corporations and their securityholders from a dynamic economic perspective: (i) the feasibility of permitting shareholders to participate in the management of their corporations through the exercise of voting rights, (ii) Rule 3b-6, the safe harbor for projections (the Safe Harbor)8 under the Securities Exchange Act of 1934 (the 1934 Act),9 and (iii) the extraordinary returns available from investing in initial public offerings (IPO's). Three particular dynamic aspects are implicated in these situations.
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Faculty Publications
This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no …
Volume 17, Issue 2 (Fall 1994)
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Faculty Publications
With his retirement in June after participating in more than 800 cases - including his career-identifying 7-2 opinion in Roe v. Wade legalizing abortion - the definition of Harry Blackmun's tenure lies in the seeming contradiction of commitment and flexibility. Along with a steadfast defense of the right to abortion in Roe, 410 U.S. 113 (1973), and successive cases, Blackmun's significance was in the power of his vote. Often overlooked in the public's emphasis on Roe is an appreciation of Blackmun's reflective, methodical, if not occasionally pointed, jurisprudence.
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz
Faculty Publications
Children in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community. Many states, however, provide no legislative or judicial remedy for these children, who desperately need vocational and educational skills to enable them to escape from the deprivation of their urban landscape. Meanwhile, federal officials speak
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Journal of Dispute Resolution
The public's interest in and use of alternative forms of dispute resolution has been in existence for hundreds of years.2 However, today's rejuvenated interest in alternative forms of dispute resolution can be traced to the late sixties Since that time, alternative forms of dispute resolution have been labeled the wave of the future. The growth of alternative forms of dispute resolution can be seen in the tremendous increase in programs offering dispute resolution services. In 1980, there were approximately one hundred dispute resolution programs located throughout the United States. Today, there are over four hundred dispute resolution programs available to …
Public Employee Bargaining Rights: An Avenue For Success For The Majority Or A Trap For The Minority - Wrinkle V. International Union Of Operating Engineers, Local 2, Afl-Cio, Greg W. Pearman
Journal of Dispute Resolution
The rights of public employees are governed by state statute and the state or federal constitution.2 Wrinkle, a case of first impression in Missouri,3 presents the issue of whether a group of employees, constituting a minority of an existing bargaining unit, have the right to appeal a State Board of Mediation determination which prevented them from forming a separate bargaining unit.
Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl
Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl
Journal of Dispute Resolution
This Article argues that the Wisconsin Judicial Council's court-ordered ADR plan, which was adopted by the Wisconsin Supreme Court in December of 1993," will benefit libel litigants by giving them an alternative to the courtroom battle. The Article discusses the interests of the plaintiff and defendant in libel litigation and how ADR will benefit each, as well as critiques the structure of current libel law. The Article also analyzes other proposed alternatives to libel litigation and evaluates their effectiveness. The Article examines the efficiency and effectiveness of Florida's dispute resolution program, which provides settlement options similar to those found in …
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Journal of Dispute Resolution
In both its private and more recently, public (court-annexed) forms, arbitration has proven to be an effective tool in fighting the explosion of litigation. In certain contexts, however, some dispute has arisen as to who can actually be an arbitrator. DDI Seamless Cylinder provides an excellent example of this newly disputed area in the framework of the federal courts.
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Journal of Dispute Resolution
Recent Developments: The Uniform Arbitration Act, a project prepared annually since 1983, is a survey of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.A. 4 The purpose of this project is to promote uniformity in interpretation of the U.A.A. by explaining the underlying policies and rationales of recent court decisions.'
Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana
Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana
Journal of Dispute Resolution
The aim of this Article is to examine the function of the ombudsman in the context of long-term health care facilities.6 The first part of the Article will consider the broader history and purposes of the office of the ombudsman. The second part will focus on the traditional methods used to ensure quality of care in the nursing home. The third part will examine the specific role played by the ombudsman in the ecological context of the nursing home. Finally, the fourth part will consider the effectiveness of the nursing home ombudsman as an alternative form of dispute resolution. In …
Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin
Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin
Journal of Dispute Resolution
Arbitration agreements are a step in the right direction for alternate dispute resolution. Obviously, before a court can grant a motion to compel arbitration pursuant to such an agreement, it must find that both parties are, indeed, bound by that agreement.' Although a traditional contract law analysis is ordinarily used to determine who is bound to a contract containing an arbitration provision, when an escrow agent acting on behalf of one party to a contract binds that party to an agreement to arbitrate, traditional contract law analysis must be altered to take into account the extent of an escrow agent's …