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Articles 61 - 90 of 100
Full-Text Articles in Law
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Law Review
This law summary will look at Missouri's short-lived Photo ID requirement which was struck down by the Missouri Supreme Court in Weinschenk v. Missouri, as well as two similar measures that were the subject of litigation in federal courts in Georgia and Indiana. Each of these cases employs a test that represents a balance between a Democratic focus on access and a Republican focus on integrity.
Viewpoint Discrimination In Law School Clinics: Teaching Students When And How To Just Say No, Jason A. Kempf
Viewpoint Discrimination In Law School Clinics: Teaching Students When And How To Just Say No, Jason A. Kempf
Missouri Law Review
In 1996, the American Bar Association ("ABA") amended its law school accreditation standards and required that all ABA-approved law schools offer "live-client or other real-life practice experience. '' In doing so, the ABA confirmed the increasingly important role of law school clinics in legal education. This unique teaching environment moves students and professors out of the classroom and into real-world courtrooms. As these "student-lawyers" work on behalf of live clients, they "experience the legal ethics issues lawyers face every day, such as client confidentiality, conflict of interest, and competency issues." Not surprisingly, with these ethical issues come difficult decisions for …
Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber
Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber
Journal of Dispute Resolution
Compulsory, non-binding arbitration has been a component of the civil court system in a number of jurisdictions for several decades. These arbitration programs generally have the same basic structure: cases in which the amount in controversy is under the prescribed jurisdictional limit must be submitted to a neutral attorney for adjudication under relaxed rules of evidence and procedure. Any party may appeal the arbitrator's award for a trial de novo; absent an appeal, the arbitrator's decision is entered as the judgment of record in the case. The goals of most court-connected arbitration programs include resolving cases faster, reducing the costs …
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Missouri Law Review
This Note examines United States v. Va Lerie, a recent Eighth Circuit case involving law enforcement interference with property entrusted to Greyhound, a third-party common carrier. In Va Lerie, the Eighth Circuit established a new test for determining when property entrusted to third-party common carriers is seized within the meaning of the Fourth Amendment. This Note argues that the Eighth Circuit's new test fails to comport with the holding of Jacobsen. As such, the Eighth Circuit should have adhered to a line of precedent that distinguishes between the touching of property by law enforcement officials and a more detailed inquiry …
Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar
Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar
Missouri Law Review
Missouri's Constitution of 1821 provided for the appointment of all superior court judges by the governor, in the manner which prevailed in most of the states then members of the union. With the advent of Jacksonian democracy, a feeling developed that all persons holding important public positions should be elected by the voters, and most of the states opted for the popular election of trial and appellate judges. In 1848, Missouri amended its constitution to provide for popular election of all judges, including judges of the Supreme Court, on partisan tickets at the regular biennial elections. Missouri continued to elect …
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Missouri Law Review
The Second Amendment, alternately maligned over the years as the black sheep of the constitutional family and praised as a palladium of the liberties of a republic, should be recognized by the United States Supreme Court to apply to the several States through the Fourteenth Amendment privileges or immunities clause or, alternatively, through the due process clause. This article suggests that the issue of Second Amendment incorporation presents a useful contemporary mechanism for the Court to revive the longdormant Fourteenth Amendment privileges or immunities clause. Such judicial recognition of the clause is necessary to respect the Framers' vision, as inspired …
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Missouri Law Review
This Article argues that because prosecutors have discretion to seek the death penalty and too many cases, they lack the incentive to police themselves and choose carefully. Put simply, because there are too few legal constraints - and virtually no political constraints - on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no …
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Missouri Law Review
This article explores how the nature of cyberstalking represents a form of behavior distinct from "offline stalking." As such, the interpretation of many of the statutes dealing with offline stalking may be inadequate to address the problem. The first part of this article explores the differences between offline stalking and cyberstalking. The second part examines what the criminal elements of cyberstalking should be in light of these differences. The third part considers how these differences create gaps in both state and federal stalking statutes so that it may be difficult to adequately prosecute all aspects of cyberstalking. This section also …
Charles B. Blackmar: Professor, Judge, Chief Justice And Charlie, Michael A. Wolff
Charles B. Blackmar: Professor, Judge, Chief Justice And Charlie, Michael A. Wolff
Missouri Law Review
This eulogy was delivered by Michael A. Wolff, Chief Justice of the Supreme Court of Missouri, at the funeral service for Judge Charles Blackmar, who died January 20, 2007, at the age of 84.
Supreme Court Cordially Invited You To Sue In Federal Court: Hope You Don't Mind Waiting, The, Evan F. Fitts
Supreme Court Cordially Invited You To Sue In Federal Court: Hope You Don't Mind Waiting, The, Evan F. Fitts
Missouri Law Review
Congestion in the federal judiciary is so prevalent that it has become an afterthought. From the outset of their introductory Federal Civil Procedure course, most law students learn that any attorney who brings an action in a federal court better be prepared to wait. A recent report by the Federal Judicial Center indicated that the average time between filing and adjudication of issues in federal district courts was approximately two years. It can reasonably be asserted that this length of time is directly proportional to the amount of cases on the federal docket. Therefore, any step to reduce the caseload …
Safer Destination For Trespassers, A, Ross Mcferron
Safer Destination For Trespassers, A, Ross Mcferron
Missouri Law Review
Traditionally, Missouri courts have maintained the general rule that a possessor of land owes no duty of care to trespassers. However, Missouri courts have adopted some well-defined exceptions to the general rule, particularly in situations where trespassers are easily foreseeable. But, prior to the Humphrey v. Glenn decision in 2005, possessors of land had never owed a duty to adult trespassers regarding a condition on the land. In Humphrey, the Missouri Supreme Court addressed the issue of whether possessors of land had a duty to warn "constant" trespassers of dangerous artificial conditions on the possessors' property. The court determined that …
Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Missouri Law Review
Using broad strokes to paint the rights and protections granted therein, the free exercise and the establishment clauses stand as dual monuments to the great-American experiment in separating the State and the sacred. Their sparse language is contrasted by comparatively specific manifestations of similar interests in the state constitutions. Echoing their federal counterpart, the state constitutions commonly command that the state may not fund religiously affiliated educational institutions. No fewer than thirty-eight states, including Missouri, adopted a so-called "Blaine Amendment," which prevent states from supporting sectarian or religious schools. Employing more detail than its federal counterpart, Missouri's constitution made explicit …
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Missouri Law Review
Although sovereign immunity jurisprudence is not the most highly publicized topic of debate in the mainstream media, it has recently become a major source of contention on the Supreme Court. The flurry of sovereign immunity litigation that has reached the high court in the last decade has yielded mostly 5-4 decisions that have expanded the state's ability to assert immunity as a defense. Given this trend, few could have predicted the outcome of the court's decision in Central Virginia Community College v. Katz. In Katz, the 5-4 decision broke the other direction, and the court held that states had waived …
Multiple Convictions For Single Acts Of Possession - The Eighth Circuit Finally Gets It Right, Brad Thoenen
Multiple Convictions For Single Acts Of Possession - The Eighth Circuit Finally Gets It Right, Brad Thoenen
Missouri Law Review
Until the recent decision in United States v. Richardson, the Eighth Circuit was the only circuit in the United States to permit multiple convictions for single acts of possessing a firearm or ammunition. This Note will explore the rationale and the ramifications of this decision and illustrate that, while it took the Eighth Circuit longer than it should have, this shift represents a step toward the realization of a more just and satisfactory criminal justice system, where convictions are based not on conjecture and speculation, but on practical interpretations of legislative intent.
Public Relations Perspective To Manage Conflict In A Public Health Crisis, A, Qi Qiu, Glen T. Cameron
Public Relations Perspective To Manage Conflict In A Public Health Crisis, A, Qi Qiu, Glen T. Cameron
Journal of Dispute Resolution
The present study particularly focuses on the SARS outbreak in China because it was a major battlefield against the disease that largely affected the fate of the worldwide SARS crisis. Framing analysis of media coverage of the SARS epidemic and organization information from the WHO is used to dissect specific conflicts and strategies involved in China's SARS crisis. The discussion finishes with a checklist for planning strategic communication and conflict management during public health crises.
Wanted: Leaders, Journalists, Scholars, And Citizens With The Right Stuff: A Reflection On Conflict, Journalism, And Democracy, Edmund B. Lambeth
Wanted: Leaders, Journalists, Scholars, And Citizens With The Right Stuff: A Reflection On Conflict, Journalism, And Democracy, Edmund B. Lambeth
Journal of Dispute Resolution
The purpose of this article is to describe, frame, and place the new initiative in the larger context of what can be done when professions and the institutions they inhabit and serve encounter internal stress and/or external conflict.
Faa And The Userra: Pro-Arbitration Policies Can Undermine Federal Protection Of Military Personnel, Laura Bettenhausen
Faa And The Userra: Pro-Arbitration Policies Can Undermine Federal Protection Of Military Personnel, Laura Bettenhausen
Journal of Dispute Resolution
According to the United States Supreme Court, statutory claims may be the subject of an arbitration agreement contained in an individual employment contract. In Garrett v. Circuit City Stores, Inc., the United States Court of Appeals for the Fifth Circuit analyzed whether claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) are subject to arbitration under the Federal Arbitration Act (FAA). The applicability of the FAA to employment contracts is an integral part of the analysis in this case. To determine whether arbitration is an appropriate forum for the plaintiff's claim, discussion of both the structure and …
Resisting Equal Footing: Did The Wisconsin Supreme Court Disguise An Assault On Arbitration, Peter Wilder
Resisting Equal Footing: Did The Wisconsin Supreme Court Disguise An Assault On Arbitration, Peter Wilder
Journal of Dispute Resolution
It is well settled that state courts may apply state contract principles when determining if an arbitration clause is enforceable; however, states are prohibited from enforcing laws that treat arbitration agreements differently than other contracts. Placing arbitration agreements on an equal footing with other contracts results from judicial preference for arbitration. When a court overreaches to find an arbitration agreement to be procedurally and substantively unconscionable, the overreaching may stem from the court's erroneous preference for adjudication over arbitration. The issue becomes more apparent when the court had the option to enforce the agreement without the unconscionable provision, yet chose …
Conflict Resolution And Systemic Change, Susan Sturm, Howard Gadlin
Conflict Resolution And Systemic Change, Susan Sturm, Howard Gadlin
Journal of Dispute Resolution
This article suggests that the view of public norm elaboration and accountability underlying the critique of ADR is too narrow and needs to be rethought. Public norms do not consist only of the precedents developed and applied by courts or other adjudicative bodies. They also emerge when relevant institutional actors develop values or remedies through an accountable process of principled and participatory decision making, and then adapt these values and remedies to broader groups or situations. ADR can play a significant role in developing legitimate and effective solutions to common problems and, in the process, produce generalizable norms
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Ralph Peeples, Catherine Harris, Thomas Metzloff
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Ralph Peeples, Catherine Harris, Thomas Metzloff
Journal of Dispute Resolution
Court-ordered mediation of civil cases has become an accepted part of the litigation process in a number of states and in some federal courts.' The widespread growth of court-ordered mediation is not difficult to explain. First of all, the process appears to produce settlements, although because most cases settle anyway, it is difficult to say that court-ordered mediation reduces trial rates. It does, however, at least provide a structured opportunity for settlement discussions, if the parties are so inclined. Second, court-ordered mediation is a process usually paid for by the parties themselves. From the courts' perspective, it is not a …
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters
Journal of Dispute Resolution
This article examines whether the punch line that you can tell when lawyers are lying by confirming that their lips are moving applies to their conduct when negotiating in mediations. General surveys of lawyer honesty suggest that this perception probably does apply to the way lawyers negotiate in mediations. Only 20% of people surveyed in a 1993 American Bar Association poll described the legal profession as honest, and that number fell to 14% in a 1998 Gallup poll.' A more recent poll revealed that one-third of the American public believes that lawyers are less truthful than most people.
Beyond The Assumptions: News Reporting And Its Impact On Conflict, Richard C. Reuben
Beyond The Assumptions: News Reporting And Its Impact On Conflict, Richard C. Reuben
Journal of Dispute Resolution
This symposium seeks to bridge this important gap in our social understanding of conflict by stimulating a sustained discussion among scholars about its contours. The task is important and timely, worthy of effort on both the media and the conflict sides of the equation.
Social Conflict: Some Basic Principles, Dean G. Pruitt
Social Conflict: Some Basic Principles, Dean G. Pruitt
Journal of Dispute Resolution
The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …
News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod
News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod
Journal of Dispute Resolution
Past research on media coverage of social protests has yielded evidence of a protest paradigm: a set of news coverage patterns that typifies mainstream media coverage. This coverage generally disparages protesters and hinders their role as vital actors on the political stage. The lack of respect for the value of social protest inherent in such coverage has created frustration among the protesters, which has in turn contributed to dysfunctional confrontations. However, under certain conditions, journalists will deviate from the protest paradigm. Such aberrations were found in the Los Angeles Times' coverage of the May 1, 2006, "Day without Immigrants" demonstrations. …
Communication Channels, Spatial Stereotyping, And Urban Conflict: A Cross-Scale And Spatio-Temporal Perspective, Sorin A. Matei, Sandra Ball-Rokeach, Stefan Ungurean
Communication Channels, Spatial Stereotyping, And Urban Conflict: A Cross-Scale And Spatio-Temporal Perspective, Sorin A. Matei, Sandra Ball-Rokeach, Stefan Ungurean
Journal of Dispute Resolution
Our research addresses how individuals exposed to various types of communication situations-from face-to-face to Internet environments-are more or less likely to react to urban locations with fear or to find them desirable. The present article summarizes what we have learned from a number of research projects about the effects of communication practices on spatial and ethnic stereotyping in conditions of violent urban conflict and will offer a number of recommendations for mitigating the negative effects of these processes.