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University of Missouri School of Law

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Full-Text Articles in Law

Show Me Criminal Procedure, Ben L. Trachtenberg, Anne M. Alexander Apr 2019

Show Me Criminal Procedure, Ben L. Trachtenberg, Anne M. Alexander

Open Educational Resources

Show Me Criminal Procedure is an open educational resources casebook available for free to students. This is the 2d ed. published in Spring 2019.


Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky Nov 2018

Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky

Missouri Law Review

As a professor of Media Law, I have devoted my career over the past quarter of a century to the idea that the press plays a special role in our democracy. That role is largely encapsulated by the concept of the press as Fourth Estate – an unofficial branch of government in our scheme of separation of powers that checks the power of the three official branches. In our constitutional scheme, the press is the watchdog that informs us what the legislative, executive, and judicial branches of government are up to and continually replenishes the stock of news – real news – that ...


Examining The Impact Of In Re Brunetti On § 2(A) Of The Lanham Act, Alex Weidner Nov 2018

Examining The Impact Of In Re Brunetti On § 2(A) Of The Lanham Act, Alex Weidner

Missouri Law Review

For § 2(a)of the Lanham Act, 2017 proved to be a devastating year. Not only did the Matal v. Tam decision strike down the disparagement provision, it served as a springboard for In re Brunetti to invalidate the bar against immoral and scandalous marks later that year. This Note examines whether the majority correctly invalidated the immoral-scandalous provision, argues that it did not, and analyzes the likelihood the remaining two provisions in the Lanham Act will be struck down by another First Amendment challenge. Part II summarizes the facts and holding of In re Brunetti. Part III provides an ...


Faculty List Nov 2018

Faculty List

Missouri Law Review

No abstract provided.


Masthead Nov 2018

Masthead

Missouri Law Review

No abstract provided.


Copyright Nov 2018

Copyright

Missouri Law Review

No abstract provided.


Table Of Contents Nov 2018

Table Of Contents

Missouri Law Review

No abstract provided.


Presidential Attacks On The Press, Sonja R. West Nov 2018

Presidential Attacks On The Press, Sonja R. West

Missouri Law Review

The goals of this short Article are modest. It seeks simply to differentiate the various ways Trump has attacked the press, to emphasize that we should not view them all through the same constitutional lens, and to bring attention to the most serious type of offense. In Part I, I divide the kinds of attacks into three categories of increasing seriousness. I discuss a number of examples in which Trump has used insults, generalized threats, denials of benefits, and government power to punish the press for coverage he dislikes. Then, in Part II, I analyze each type of attack under ...


The Press And The Expectation Of Executive Counterspeech, Ronnell Andersen Jones Nov 2018

The Press And The Expectation Of Executive Counterspeech, Ronnell Andersen Jones

Missouri Law Review

This Article explores the wider constitutional and democratic consequences of a president’s refusal to engage in counterspeech on matters of public concern. It argues that both fundamental principles of First Amendment theory and watershed cases from the United States Supreme Court presuppose a constitutional system of dialogue between the press and the executive in which the president offers verifiable, supported, fact-based counterspeech to press coverage with which he disagrees. Part II of this Article describes how marketplace-of-ideas, self-governance, and checking-function principles—although more often invoked to protect private speech from governmental restriction—also manifest a longstanding assumption of executive ...


Can You Have Too Much Of A Good Thing?: The Modern Marketplace Of Ideas, Rachael L. Jones Nov 2018

Can You Have Too Much Of A Good Thing?: The Modern Marketplace Of Ideas, Rachael L. Jones

Missouri Law Review

This Article argues that though the state of the marketplace looks grim, it is not dead yet. Rather, we have entered an era in which the role of the marketplace is shifting. Instead of representing the proverbial promised land of truth and expression, the marketplace is serving an important role in the pursuit of democratic self-governance. From private media companies offering fact-checking services to combat false news to teenagers using social media to call citizens to action on gun reform, the marketplace appears to be adapting. But it remains to be seen whether the marketplace can continue to best serve ...


Dynamex Is Dynamite, But Epic Systems Is Its Foil – Chamber Of Commerce: The Sleeper In The Trilogy, William B. Gould Iv Nov 2018

Dynamex Is Dynamite, But Epic Systems Is Its Foil – Chamber Of Commerce: The Sleeper In The Trilogy, William B. Gould Iv

Missouri Law Review

This Article examines the concept of the independent contractor classification – a characterization at issue in early litigation involving the question of whether particular workers are employees or independent contractors. It describes the early cases arising in transportation, including over-the-road trucking, the taxi-cab industry, and package delivery companies like Federal Express (“FedEx”). The Article takes the position that the concept of flexibility, frequently used by employers to classify or reclassify employees as independent contractors, is a false justification for determining that employees are independent contractors. It also takes the position that engaging in part-time work for numerous employers is consistent with ...


Technology Or Privacy: Should You Really Have To Choose Only One?, Callie Haslag Nov 2018

Technology Or Privacy: Should You Really Have To Choose Only One?, Callie Haslag

Missouri Law Review

Today’s society has both the blessing and the curse of having access to a vast range of technologies. A person can be diagnosed by doctors while video-chatting from his or her own home, communicate with someone located on the other side of the world instantaneously, or monitor his or her home through enhanced security systems. It is even possible to give simple commands, like “Turn on the lights” or “Play my favorite song,” and a home assistant device, such as the Amazon Echo, will complete the given task. While these technologies offer many blessings, there are potential downsides that ...


A Sign To Many No More: Supreme Court Of Missouri Casts Away Church’S Sign Variance, Matthew Neuman Nov 2018

A Sign To Many No More: Supreme Court Of Missouri Casts Away Church’S Sign Variance, Matthew Neuman

Missouri Law Review

Depending on the context in which they are encountered, the consequences of land use zoning may be viewed either as a saving grace – preserving or prospectively safeguarding the locality to similar compatible uses – or as an obstacle to overcome – hindering the development potential or use of a piece of land. Although the level of concern may vary based upon the zoning district, homeowners in residential neighborhoods have a right to be particularly sensitive to adjacent land use. Part II of this Note explores the facts of Antioch Community Church v. Board of Zoning Adjustment of City of Kansas City, a ...


Plight Of The Public Defender: Excessive Caseload As A Non-Mitigating Factor In Sanctions For Ethical Violations, Taylor Payne Nov 2018

Plight Of The Public Defender: Excessive Caseload As A Non-Mitigating Factor In Sanctions For Ethical Violations, Taylor Payne

Missouri Law Review

This Note discusses the thought-provoking ruling in In re Karl William Hinkebein and its implications for public defenders in Missouri. Part II of this Note details the facts and holding of the case. Part III of this Note gives a brief history of the Missouri State Public Defender System (“MSPD”), highlighting its current shortcomings and challenges. Part III then discusses the influential ethics opinion issued by the American Bar Association (“ABA”) and the ABA Standards for Imposing Lawyer Sanctions (“ABA Standards”). Part IV of this Note analyzes the decision of the Supreme Court of Missouri to sanction Karl Hinkebein. Part ...


A “Holding Company Exception” To Hertz?, Lauren Vincent Nov 2018

A “Holding Company Exception” To Hertz?, Lauren Vincent

Missouri Law Review

After the Supreme Court of the United States announced in Hertz Corp. v. Friend that a corporation’s principal place of business is its “nerve center” – i.e., its “center of direction, control, and coordination” – the complexity associated with determining a corporation’s principal place of business seemed to be a thing of the past. Although the Hertz decision brought substantial clarity to the issue of corporate diversity jurisdiction, its one-size-fits-all test for determining principal place of business has proven less than straightforward when applied to modern corporate structures – notably, holding companies. This Note addresses one perplexing problem that Hertz ...


Taming The Wild West: How The Sec Can Legitimize Initial Coin Offerings ("Icos"), Protect Consumers From Bad Actors, And Encourage Blockchain Development, Kenyon Briggs Nov 2018

Taming The Wild West: How The Sec Can Legitimize Initial Coin Offerings ("Icos"), Protect Consumers From Bad Actors, And Encourage Blockchain Development, Kenyon Briggs

The Business, Entrepreneurship & Tax Law Review

An Initial Coin Offering (“ICO”) is the first time a blockchain-based company sells its cryptocurrency to the public. ICOs provide any blockchain entrepreneur the ability to quickly receive funding from anyone in the world. While ICOs show the potential to become a legitimate alternative to traditional early-stage investing, like angel investing and venture capital, ICOs are currently teeming with fraud and bad actors. Recent celebrity-endorsed ICOs have scammed customers, and hundreds of millions of dollars have been stolen from hard-working people. Anything goes in this current, unregulated ICO space. This article proposes five potential ICO-specific regulations for the Securities and ...


Invisible Inequality And Economic Empowerment: Domestic Violence, Discrimination, And The Creation Of A New Protected Class, Cameron M. Brown Britt Nov 2018

Invisible Inequality And Economic Empowerment: Domestic Violence, Discrimination, And The Creation Of A New Protected Class, Cameron M. Brown Britt

The Business, Entrepreneurship & Tax Law Review

Today, there is a large population of Americans whose plight is invisible to much of the rest of society - the survivors of domestic and sexual abuse and violence. While in the last few years survivors’ voices are beginning to be heard, the legal landscape is still lagging far behind and is sorely inadequate to provide protections and relief to survivors in many areas of life. Particularly, this is prominent in the employment landscape where federal protections for survivors are sparse. Moreover, survivor-employees are vulnerable to discrimination, unfair firing, and inadequate leave for court appearances and medical assistance. These obstacles still ...


A Slanted View On The Morality Bars: Matal V. Tam, In Re Brunetti, And The Future Of Section 2(A) Of The Lanham Act, John Langworthy Nov 2018

A Slanted View On The Morality Bars: Matal V. Tam, In Re Brunetti, And The Future Of Section 2(A) Of The Lanham Act, John Langworthy

The Business, Entrepreneurship & Tax Law Review

Section 2(a) of the Lanham Act contained two “morality bars” to the registration of trademarks: the Disparagement Clause and the Immoral and Scandalous Clause. Two recent cases, the Supreme Court decision in Matal v. Tam and the subsequent decision from the Federal Circuit, In re Brunetti, both held that the morality bars violate the First Amendment. Given the inconsistent application of the Disparagement Clause and the potential for viewpoint discrimination, theTam Court was correct in finding it unconstitutional. For similar reasons, the court in Brunetti properly extended this holding to the Immoral and Scandalous Clause. However, both decisions ignored ...


Better The Devil You Know: An Examination Of Manufacturer Driven Lethal Injection Drug Shortages, Heather Booth Nov 2018

Better The Devil You Know: An Examination Of Manufacturer Driven Lethal Injection Drug Shortages, Heather Booth

The Business, Entrepreneurship & Tax Law Review

In an attempt to make executions more humane, Oklahoma’s Department of Corrections (“DOC”) consulted a physician to overhaul the state’s execution protocol. This consultation resulted in the implementation of the modern three-drug lethal injection cocktail. However, recent challenges to lethal injection protocols tell a different story. European-based drug companies, wary of having their products used in executions, have begun refusing to sell drugs to state DOCs. This refusal is mostly with respect to the first drug in the three-drug cocktail, the anesthetic. This refusal has led to drug shortages and improvisation that some doctors say will cause unnecessary ...


Table Of Contents Nov 2018

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


Scènes À Faire As Identity Trait Stereotyping, Jasmine Abdel-Khalik Nov 2018

Scènes À Faire As Identity Trait Stereotyping, Jasmine Abdel-Khalik

The Business, Entrepreneurship & Tax Law Review

There is at least one place where the law not only recognizes but expects and encourages stereotyping based on race, ethnicity, gender, sexual orientation, gender expression, nationality, and the like (“identity traits”) - stock characters. A stock character is the archetype of a story’s character and, as such, is excluded from copyright protection, making the stock freely available for other authors to use. However, harm arises when courts agree that a stock character is comprised of an identity trait and any other characteristic, indicating that what flows naturally from that identity trait is something more than just that identity - a ...


Beyond Section 230: Liability, Free Speech, And Ethics On Global Social Networks, Brett G. Johnson Nov 2018

Beyond Section 230: Liability, Free Speech, And Ethics On Global Social Networks, Brett G. Johnson

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


Music Modernization And The Labyrinth Of Streaming, Mary Lafrance Nov 2018

Music Modernization And The Labyrinth Of Streaming, Mary Lafrance

The Business, Entrepreneurship & Tax Law Review

The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goowwwatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system. At the same time, it creates significant ambiguities and leaves some existing issues unresolved.


Clicks At Any Cost: Why Regulation Won't Upend The Economics Of Fake News, Amy Kristin Sanders, Rachael L. Jones Nov 2018

Clicks At Any Cost: Why Regulation Won't Upend The Economics Of Fake News, Amy Kristin Sanders, Rachael L. Jones

The Business, Entrepreneurship & Tax Law Review

Increasingly, the production of fake news has become industrialized; enterprising entrepreneurs are deceiving Internet users with false information while earning significant sums of money. The problem of fake news and misinformation, however, is not one solely brought about by the increase in digital technology. Historically, campaigns of misinformation have been used to achieve social, political, and economic goals long before the Internet was commonplace. But, recent calls to regulate fake news content contravene American law and run afoul of our nation’s laissez-faire approach to the regulation of false or misleading information. We argue that government-imposed, speech-limiting restrictions cannot contain ...


Taxation Of Undocumented Immigrants: The Uneasy Connection Between Regulating The Undocumented Immigrant And Fostering Illegal Activity, Nneka Obiokoye Nov 2018

Taxation Of Undocumented Immigrants: The Uneasy Connection Between Regulating The Undocumented Immigrant And Fostering Illegal Activity, Nneka Obiokoye

The Business, Entrepreneurship & Tax Law Review

This article seeks to correct some of the negative perceptions held by the general public pertaining to undocumented immigrants, by drawing attention to four major points. First, contrary to popular belief, undocumented immigrants pay taxes. Indeed, as this article will show, in many instances, undocumented immigrants pay a higher rate of tax than U.S. citizens because the burden of tax on such people tends to outweigh the benefits received. Second, undocumented immigrants are human beings with the same needs and desires as every other human. Therefore, laws and policies that tend to make it impossible for such people to ...


Masthead Nov 2018

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


Table Of Contents Jul 2018

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Title Page Jul 2018

Title Page

Journal of Dispute Resolution

No abstract provided.


The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells Jul 2018

The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells

Journal of Dispute Resolution

This Symposium addresses our continuing issues with campus speech conflicts. It aims to help us recognize that speech conflicts are not abstract disputes between ideas – Justice Holmes’s famous rhetoric notwithstanding. Rather our words and ideas represent underlying conflicts between very real people and groups. The speech we use may cause, exacerbate, or resolve conflicts. Sometimes the Supreme Court’s free speech doctrine can aid our understanding and resolution of these conflicts. Other times it cannot. Regardless, simply relying on a First Amendment frame – i.e., claiming that it is one’s right to express oneself in a par-ticular way ...


Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff Jul 2018

Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff

Journal of Dispute Resolution

By their very charge, institutions of higher education are intended to serve as venues for exploring personal ideologies, promoting intellectual curiosity, and en-couraging vigorous debate about contested issues. However, when an institution and its core values come into direct conflict with viewpoints that are fundamentally inconsistent with those values, the dissonance created by the clash of perspectives can be profound. Fundamental differences in perspective on highly charged issues and topics have become recurring themes for universities in the United States. From campus speakers, to speaker protests, to demonstrations in support of free speech and a range of other inclusion and ...