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Articles 1 - 30 of 62
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Nepa's Procedural Requirements: Fact Or Fiction? Kuff V. United States Forest Service , Brian Laflamme
Nepa's Procedural Requirements: Fact Or Fiction? Kuff V. United States Forest Service , Brian Laflamme
Journal of Environmental and Sustainability Law
No abstract provided.
Citizen Suits And The Clean Water Act: Has Article Iii Become A Permanent Roadblock To Private Enforcement? Natural Resources Defense Council V. Southwest Marine, Inc. , Brett A. Williams
Citizen Suits And The Clean Water Act: Has Article Iii Become A Permanent Roadblock To Private Enforcement? Natural Resources Defense Council V. Southwest Marine, Inc. , Brett A. Williams
Journal of Environmental and Sustainability Law
No abstract provided.
Right-To-Farm Statute Runs A 'Foul' With The Fifth Amendment's Taking Clause. Bormann V. Board Of Supervisors In And For Kossuth County, William C. Robinson
Right-To-Farm Statute Runs A 'Foul' With The Fifth Amendment's Taking Clause. Bormann V. Board Of Supervisors In And For Kossuth County, William C. Robinson
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri's Single-Subject Rule: A Legal Tool To Block Environmental Legislation? National Solid Waste Ass'n, Et Al. V. Director Of The Department Of Natural Resources, Harold Stearley
Journal of Environmental and Sustainability Law
No abstract provided.
Attorneys Beware: Obtaining Credit Reports On Opposing Party May Lead To Punitive Damages, Matthew S. Criscimagna
Attorneys Beware: Obtaining Credit Reports On Opposing Party May Lead To Punitive Damages, Matthew S. Criscimagna
Missouri Law Review
Knowledge is power, and a credit report is a great way to obtain knowledge. An attorney could gain useful information from a credit report when preparing for litigation, especially in determining who to sue or whether to sue. However, under the Fair Credit Reporting Act ("ECRA" or "Act"), an attorney may face punitive damages if he or she uses a credit report in a manner that is not authorized by the FCRA. This is exactly what happened to an Arkansas attorney who, while aggressively representing her clients, obtained credit reports on the opposing party. She could have avoided the imposed …
Missouri's Mystifying Doctrine Of Sovereign Immunity: The Imposition Of Duty Under The Dangerous Condition Exception, Stacy L. Nagel
Missouri's Mystifying Doctrine Of Sovereign Immunity: The Imposition Of Duty Under The Dangerous Condition Exception, Stacy L. Nagel
Missouri Law Review
In Missouri, the doctrine of sovereign immunity has been plagued with confusion. Much of this confusion has resulted from wrangling between the Missouri Supreme Court and the legislature. Statutes offering little guidance have been developed, and hard to reconcile cases have been produced. Perhaps nowhere is this confusion more evident than in the area of tort liability under the "dangerous condition" exception to sovereign immunity. Martin v. Missouri Highway & Transportation Department is a prime example of the bewilderment bred by Missouri's statute of sovereign immunity and particularly the "dangerous condition" exception. The Martin court discusses the conditions under which …
Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii
Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii
Missouri Law Review
At the dawn of the new millennium, the mysteries of the human genome' are being revealed: A working draft of ninety percent of the human genome sequence is expected to be completed by mid-2000, five years ahead of schedule.2 Few endeavors in human history have promised so much while causing so much concern.
Study Of Subrogation Mostly In Letter Of Credit And Other Abstract Obligation Transactions, A, John F. Dolan
Study Of Subrogation Mostly In Letter Of Credit And Other Abstract Obligation Transactions, A, John F. Dolan
Missouri Law Review
While efficiency analysis would leave the loss on the erring bank, the revised version of Article 5 of the Uniform Commercial Code ("Revised Article 5") includes a provision granting subrogation to letter of credit issuers as if they were sureties.2 Some commentators view this statutory provision as a surefire source of subrogation for the banks. This Article mounts an argument to the contrary. Because subrogation is an equitable remedy resting on an unjust enrichment standard,3 this Article contends that bank issuers must make an unjust enrichment case before they can avail themselves of the subrogation remedy, even under Revised Article …
Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey
Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey
Missouri Law Review
A recent agreement between the Environmental Protection Agency and the National Pork Producers Council puts into place a voluntary inspection program that may lead to reduced fines for pork producers who report and correct Clean Water Act violations This agreement represents the first of its kind between an agriculture group and the Environmental Protection Agency.2 This Article explores the background that led to the agreement. The evolution from small family farming to large corporate livestock production, along with the environmental concerns such evolution has produced, is traced. The next section lays out some of the federal and state statutory and …
Assessing The Best Interests Of The Child: Missouri Declares That A Homosexual Parent Is Not Ipso Facto Unfit For Custody, Heidi C. Doerhoff
Assessing The Best Interests Of The Child: Missouri Declares That A Homosexual Parent Is Not Ipso Facto Unfit For Custody, Heidi C. Doerhoff
Missouri Law Review
In formal child custody disputes, the voices of those at the center of the controversy, the children, are rarely heard.Their parents, who otherwise are presumed to act in their best interests, battle one another in legal proceedings that reward the parent who more persuasively portrays the deficiencies of the other's parenting skills. Because the children, especially the very young, have no adequate basis for making judgments about their long-term well-being, the state acts asparenspatriae while their parents are adversaries.Through its laws and decision makers, the state attempts to ensure that the final custody arrangement is guided by the best interests …
Successive Torts Resulting In A Single, Indivisible Injury: Plaintiffs, Prepare To Prove The Impossible, Michael J. Kleffner
Successive Torts Resulting In A Single, Indivisible Injury: Plaintiffs, Prepare To Prove The Impossible, Michael J. Kleffner
Missouri Law Review
In most lawsuits, plaintiffs' medical experts can accurately allocate plaintiffs' injuries to a specific, causal factor. In some instances, however, two events may combine to cause an injury that is incapable of rational apportionment, even by the most learned medical expert. In such a case, the indivisible injury doctrine may relieve a plaintiff of the difficult burden of proving which tortfeasor caused her injuries. The indivisible injury doctrine, however, does not benefit all plaintiffs who have suffered an injury that cannot be apportioned. As illustrated by the instant case, certain plaintiffs must prove the impossible, namely, which tortfeasor caused their …
Premises Liability: The Disappearance Of The Open And Obvious Doctrine, Ann K. Dittmeier
Premises Liability: The Disappearance Of The Open And Obvious Doctrine, Ann K. Dittmeier
Missouri Law Review
In the past, landowners were sovereign over their land, and they were immune from liability for accidents that occurred on their land.2 One doctrine that reflects this limited liability is the open and obvious rule, which states that landowners have no duty of care to protect someone on their premises from an open and obvious condition The traditional rule has recently been modified in many jurisdictions to disallow a landowner from asserting an open and obvious condition as a complete defense.4 The modified version holds occupiers liable if they reasonably could have anticipated that the invitee would encounter the danger …
Common Law Misappropriation In The Digital Era, Dale P. Olson
Common Law Misappropriation In The Digital Era, Dale P. Olson
Missouri Law Review
Information is often valuable and when publicly disclosed may be difficult to protect or control.' Such information, whether in the form of data or a product configuration, unless it can be exploited while keeping it secret,2 is accordingly susceptible to copying by competitors absent legal protection. The law, however, has not provided a framework that supplements the armamentarium of federal intellectual property law3 because the protection authorized by federal constitutional limits also thrust works into the public domain. The evolving technological developments which permit the effectively instantaneous transmission of information, as well as the inexpensive copying of trade values in …
On Teaching Mediation, Edwin H. Greenebaum
On Teaching Mediation, Edwin H. Greenebaum
Journal of Dispute Resolution
In this article, I will delineate the issues and explore the implications of resolving them in different ways. Part I develops a taxonomy of variations in models of mediation. In Part II, I analyze choices and constraints in course design. In Part III, I specify the choices I have made in structuring my own course in mediation. I will relate those choices to the context of my school, to my students' backgrounds and interests, and to my competencies and goals. The initial version of this paper was written for my students to read as they entered my course. Pedagogically, the …
Faa Pre-Emption: When Should Conflicting State Law Be Pre-Empted By The Faa - Weston Securities Corp. V. Aykanian, Suzanne H. Johnson
Faa Pre-Emption: When Should Conflicting State Law Be Pre-Empted By The Faa - Weston Securities Corp. V. Aykanian, Suzanne H. Johnson
Journal of Dispute Resolution
Since the creation of the F.A.A., courts, including the United States Supreme Court, have considered whether the F.A.A. pre-empts conflicting state law. Although courts generally find that the F.A.A. pre-empts state substantive and procedural law when it stands as an obstacle to Congress' goal of enforcing arbitration,5 the Massachusetts Court of Appeals, in Weston Securities Corp. v. Aykanian, made its own determination on this issue, since it was a case of first impression for the court. The court faced the question of whether a Massachusetts procedural rule, which did not allow an immediate appeal from an order to arbitrate, was …
Recent Developments: The Uniform Arbitration Act, Jamie K. Hunt, Ashley E. Ratcliffe, Jeffrey B. Williams, Kimberly Yates
Recent Developments: The Uniform Arbitration Act, Jamie K. Hunt, Ashley E. Ratcliffe, Jeffrey B. Williams, Kimberly Yates
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A.
Use Of Mediation In Employment Discrimination Cases, The, Matt A. Mayer
Use Of Mediation In Employment Discrimination Cases, The, Matt A. Mayer
Journal of Dispute Resolution
This Article will address the issues noted above. Part II discusses the realities for employers and employees created by the increased filing of employment discrimination claims. Part III encapsulates the procedural movement of a claim through the EEOC. Part IV summarizes the mediation process and notes why mediation is one of the methods used to deal with these claims. Part V highlights the pros and cons associated with the mediation of employment discrimination claims. Part VI discusses the inherent tensions between the goals of mediation and the goals of the anti-discrimination laws, as well as the inherent tensions that naturally …
Non-Union Member Complaints To Calculation Of Agency Shop Fees: Arbitration Or Judicial Relief - Air Line Pilots Ass'n V. Miller, Ann E. Ahrens
Non-Union Member Complaints To Calculation Of Agency Shop Fees: Arbitration Or Judicial Relief - Air Line Pilots Ass'n V. Miller, Ann E. Ahrens
Journal of Dispute Resolution
"Free rider" problems plague any group or association that provides general benefits for its participants. Members may pay a fee, but nonmembers can reap the benefits without expenditure. Labor unions address this disparity through the use of agency shop fees contained in collective bargaining agreements. These fee agreements call for those employees who choose not to join the union to pay their share of the costs of collective bargaining. Labor unions have developed extensive mechanisms in order to calculate the amount of the fee. Employees, who do not want to subsidize activities they do not support, can file complaints with …
Federal Court Positively Adopts A Federal Common Law Testimonial Privilege For Mediation: Is It Justified - Folb V. Motion Picture Industry Pension & (And) Health Plans, Ryan D. O'Dell
Journal of Dispute Resolution
Mediation is a popular means of alternative dispute resolution that has proliferated in recent years. Virtually every state has adopted some form of testimonial privilege to protect the confidentiality of private parties participating in mediation. The federal courts, however, have never adopted a mediation privilege protecting the confidentiality of mediation between private parties in federal court. Federal courts have relied on other evidentiary, procedural and contractual protections to ensure that communications articulated during mediation will not be used for purposes outside mediation proceedings. Finding these protections inadequate to insulate parties in private mediation proceedings from third party discovery, the United …
Penalty Box Or Jury Box--Deciding Where Professional Sports Tough Guys Should Go, Heidi C. Doerhoff
Penalty Box Or Jury Box--Deciding Where Professional Sports Tough Guys Should Go, Heidi C. Doerhoff
Missouri Law Review
To those unfamiliar with the customs of professional hockey, observing a referee stand by while players drop their gloves and duke it out can be a disconcerting experience. Even more disconcerting is watching last week's highlights illustrate in slow-motion detail the bone-crushing force with which one player slams another into the boards. The professional hockey fan, however, knows that acts like these are the byproducts of a fast and furious game that recognizes physical intimidation as a legitimate strategy.2 In McKichan v. St. Louis Hockey Club,3 the Missouri Court of Appeals for the Eastern District of Missouri ruled that severe …
Switched At The Fertility Clinic: Determining Maternal Rights When A Child Is Born From Stolen Or Misdelivered Genetic Material, Alice M. Noble-Allgire
Switched At The Fertility Clinic: Determining Maternal Rights When A Child Is Born From Stolen Or Misdelivered Genetic Material, Alice M. Noble-Allgire
Missouri Law Review
In the beginning, they were one of the happy statistics from a California fertility clinic. Among the twenty percent of infertile couples whose treatments resulted in a successful pregnancy,1 they were doubly blessed, in fact, with twins.' Six years later, however, a letter in the mailbox turned their lives upside down. Although apologetic in tone, the letter suggested that the unthinkable had occurred and requested that the twins be submitted for genetic testing to determine whether they were born from another woman's eggs.3
Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel
Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel
Missouri Law Review
The common law approach to disclosure of latent defects in real property was caveat emptor, which meant sellers had no duty to disclose latent defects to purchasers.2 Most modem courts have mitigated the harshness of the doctrine by adopting a system that mandates disclosure by a seller of any latent defect3 material to the purchaser's decision to buy the property and whose existence is known by the seller. Droz v. Trump highlights a growing trend among a number of Missouri courts willing to further narrow the seller protections of caveat emptor in favor of protecting innocent purchasers of real property. …
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Missouri Law Review
Among the most significant exceptions to the hearsay rule is the business records exception.' With roots in the common law,2 it is based on the premise that records made in the regular course of business are sufficiently reliable to justify admitting them as proof of the matters asserted in them without the safeguard of cross examination.3 Widespread acceptance of a codified business records exception followed a 1927 study4 that proposed such a statute (the Model Act)' and urged its passage by everyjurisdiction.6 Congress,7 as well as several
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
Missouri Law Review
Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …
Life Insurance As Security For A Debt And The Applicability Of The Rule Against Wager Contracts, John M. Limbaugh
Life Insurance As Security For A Debt And The Applicability Of The Rule Against Wager Contracts, John M. Limbaugh
Missouri Law Review
Every jurisdiction has a rule against wager contracts, developed to discourage speculation in human life and attendant moral hazard.2 In the life insurance context, the rule in Missouri prohibiting wager contracts applies only "where a policy is taken out by, and premiums paid by, a person who has no insurable interest in the life of the insured, or when a policy has been assigned for speculative purposes."3 The Missouri Supreme Court, in Estate of Bean v. Hazel, correctly limited the creditor's recovery on the debtor's life insurance policy to the amount of the debt, plus interest. However, in doing so, …
Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine
Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine
Missouri Law Review
In Wolman v. Walter, Justice Stevens voiced concem that the "'high and impregnable' wall between church and state, has been reduced to a 'blurred, indistinct, and variable barrier.' 2 The court had sacrificed predictability for flexibility? While this may be true in some areas of Establishment Clause jurisprudence, it is no longer true in cases involving benefits to religious organizations. If the programs equally benefit both secular and "similarly situated" religious organizations, there is no violation of the Establishment Clause.4 Jackson v. Benson is an expression of this view. The Wisconsin Supreme Court, in upholding a program designed to provide …