Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Missouri School of Law

Journal

2018

Discipline
Keyword
Publication

Articles 61 - 90 of 110

Full-Text Articles in Law

Implementing Online Dispute Resolution In Mo Healthnet Appeals: Increasing Access To Remedies While Decreasing State Spending, Jane Rose Jun 2018

Implementing Online Dispute Resolution In Mo Healthnet Appeals: Increasing Access To Remedies While Decreasing State Spending, Jane Rose

Missouri Law Review

The distress associated with filing a civil lawsuit can leave an individual with a range of emotions, including despondency, humiliation, frustration, loss of self-confidence, and anxiety. Generally, an individual will only file suit if they suffer a serious harm. Subsequently, the individual must relive the injury at each step of the litigation. Repeatedly revisiting the injury disrupts the individual’s life and often leaves them feeling isolated and helpless. Now, picture an individual having to go through the entire process without the guidance of a lawyer, which is called pro se representation. This only adds to the individual’s stress levels. Representing …


Faculty List Jun 2018

Faculty List

Missouri Law Review

No abstract provided.


Masthead Jun 2018

Masthead

Missouri Law Review

No abstract provided.


Table Of Contents Jun 2018

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


A Comparison Between The U.S. And Japan Concerning The Tax Treatment Of Prepaid Income, Hiroshi Noguchi Jun 2018

A Comparison Between The U.S. And Japan Concerning The Tax Treatment Of Prepaid Income, Hiroshi Noguchi

The Business, Entrepreneurship & Tax Law Review

This article examines the crucial distinctions of methodology between the U.S. and the Japanese tax laws with respect to the timing for recognizing income. In addition, it studies the advantages and disadvantages of both tax treatment methods concerning prepaid income. As a result, it concludes that the advantages of Japanese tax law concerning prepaid income outweigh those of the American tax law. This article also suggests that U.S. tax law could borrow the Japanese mentality regarding the tax treatment of prepaid income.


Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane Jun 2018

Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane

The Business, Entrepreneurship & Tax Law Review

SB 43 passed through the Missouri Legislature and was signed into law by Governor Eric Greitens on June 30, 2017. Ostensibly intended to bring Missouri’s anti-discrimination law in line with analogous federal law, SB 43 amended the Missouri Human Rights Act and thereby improperly increased the legal burden on employment discrimination plaintiffs. This article examines the causation standards under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act and contrasts those with the newly-amended Missouri Human Rights Act to demonstrate just how far Missouri law has gone. In so doing, this article ultimately concludes …


Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal Jun 2018

Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal

The Business, Entrepreneurship & Tax Law Review

The Chinese film market has undergone unprecedented expansion in the past 17 years. As North American box office revenues drop, Hollywood film studios often rely on the Chinese market to balance the costs of blockbuster films. However, Beijing maintains strict regulations on China’s film imports, including annual quotas on the number of foreign films released, limits on the share of grosses Hollywood studios can receive from their films, and content censorship based on Communist Party directives. Many of these regulations are designed to incentivize Hollywood studios to co-produce films with Chinese companies. Through co-production agreements, Beijing anticipates that Chinese filmmakers …


Faculty List Apr 2018

Faculty List

Missouri Law Review

No abstract provided.


Table Of Contents Apr 2018

Table Of Contents

Missouri Law Review

No abstract provided.


An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa Apr 2018

An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa

Missouri Law Review

We studied five years of data on patents listed and sold in the quasi-public “brokered” market. Our data covers almost 39,000 assets, an estimated eighty percent of all patents and applications offered for sale by patent brokers between 2012 and 2016. We provide statistics on the size and composition of the brokered market, including the types of buyers and sellers who participate in the market, the types of patents listed and sold on the market, and how market conditions have changed over time. We conclude with an analysis of what our data can tell us about how to accurately value …


Disregarding Statutory Safeguards: The Supreme Court Of Missouri's Failure To Recognize Manifest Injustice In Predatory Sexual Offender Determinations, Lauren Vincent Apr 2018

Disregarding Statutory Safeguards: The Supreme Court Of Missouri's Failure To Recognize Manifest Injustice In Predatory Sexual Offender Determinations, Lauren Vincent

Missouri Law Review

This Note scrutinizes the way in which the Supreme Court of Missouri resolved the issue of whether the predatory sexual offender statute, section 566.125.5(3), is constitutional when applied to currently charged acts in light of the procedural mandates for sentence enhancement provided in section 558.021.2. This Note argues the Supreme Court of Missouri erred in its interpretation of the statutory language provided in section 566.125.5(3) and in its application of Alleyne precedent. This Note further argues the Supreme Court of Missouri failed to recognize the manifest injustice that resulted when the trial court disregarded the statutory timing requirements that should …


Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen Apr 2018

Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen

Missouri Law Review

Currently, in Missouri, if you are an alleged criminal offender unable to afford bail, sitting in county jail waiting for trial, you may be racking up a bill worth thousands of dollars for your “care.” State prosecutors and judges have the discretion to impose this bill upon you, and if you are unable to pay this bill for any reason, then the true cost may well be the incalculable expense of your freedom. The Supreme Court of Missouri recently considered a case that followed this pattern and ultimately released a man who spent three years in state prison for failure …


"Dangerous Instruments": A Case Study In Overcriminalization, Chad Flanders, Desiree Austin-Holliday Apr 2018

"Dangerous Instruments": A Case Study In Overcriminalization, Chad Flanders, Desiree Austin-Holliday

Missouri Law Review

Many states – including Missouri – have provisions that provide greater punishment for some felonies that are committed with, or by the use of, a “deadly weapon” or “dangerous instrument.” The definition of “deadly weapon” tends to be pretty straightforward, usually a list that includes several specific items that just are deadly weapons, such as guns and knives. “Dangerous instrument” is deliberately left as a broader, more capacious term – defined not in terms of a list of instruments but in terms of those things that could be easily or “readily” used to cause serious physical injury or death. But …


Remorse Bias, M. Eve Hanan Apr 2018

Remorse Bias, M. Eve Hanan

Missouri Law Review

It is an article that addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants’ displays of remorse and how we can lessen the effects of that bias. This article focuses exclusively on the relationship between racial bias against African Americans – primarily men – and remorse assessment. Much more can and should be said about how implicit biases relating to gender, class, and other social groupings might affect judges when they assess defendant remorse. While taking a multi-dimensional approach to the intersections of race, gender, class, and other variables yields important insights, this article …


Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel Apr 2018

Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel

Missouri Law Review

This Note discusses the 2018 Supreme Court of Missouri decision of Bowers v. Bowers, which awarded full custody of a child to her stepfather. The facts in Bowers are discussed in Part II. Part III analyzes the Missouri Uniform Parentage Act and the approaches the Supreme Court of Missouri and Missouri appellate courts have taken when a child’s non-biological parent seeks full custody. Part IV explains the Supreme Court of Missouri’s rationale in granting full custody to the stepfather through a motion for third party custody and the dissent’s disagreement. Finally, Part V discusses why the Bowers court should not …


Copyright Apr 2018

Copyright

Missouri Law Review

No abstract provided.


Into The Final Frontier: The Expanse Of Space Commercialization, Rachel Mitchell Apr 2018

Into The Final Frontier: The Expanse Of Space Commercialization, Rachel Mitchell

Missouri Law Review

This Note explores the emerging commercialization of space and the legal questions that arise as companies seek to further exploit the space economy. Whether or not new laws passed in the United States and in Luxembourg that purport to give ownership rights to companies that harvest space materials comply with the Outer Space Treaty is disputed. Furthermore, the international space regime may not be equipped to govern a new age in space. This Note advocates that space mining should be legalized but finds that space law in its current form is inadequate to effectively regulate space mining and other emerging …


Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan Apr 2018

Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan

Missouri Law Review

This Note argues that the Ninth Circuit erred in holding that the Federal Foreclosure Bar requires the Agency’s consent and that, even if it does require Agency consent, the Agency has not already impliedly consented. This Note also discusses the policy implications of the Berezovsky decision and of requiring the Agency’s consent before associations can foreclose. The Federal Foreclosure Bar completely undercuts the balance that priority lien laws created between lenders and associations, and it effec-tively prevents associations from enforcing their rights.


Masthead Apr 2018

Masthead

Missouri Law Review

No abstract provided.


Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim Apr 2018

Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim

Missouri Law Review

This Note argues that the Eighth Circuit’s holding creates uncertainty for both employers and employees. When deciding whether an employer has failed to engage in the interactive process, the Eighth Circuit should look to whether the employee clearly requested a need for an accommodation, rather than examining the totality of knowledge the employer had on hand. Requiring employees to clearly request an accommodation puts employers on notice and thus helps employers better help employees with disabilities. Part II of this Note provides the facts and holding of Kowitz. Part III examines the legal background surrounding Kowitz. Part IV reviews the …


Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane Jan 2018

Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane

Missouri Law Review

No abstract provided.


Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky Jan 2018

Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky

Missouri Law Review

No abstract provided.


The Drug Innovation Paradox, Erika Lietzan Jan 2018

The Drug Innovation Paradox, Erika Lietzan

Missouri Law Review

No abstract provided.


When Cheating Is Good And Cooperation Is Bad: Conspiracies And The Continuing Violations Doctrine Under The Sherman Act, Brianna S. Hills Jan 2018

When Cheating Is Good And Cooperation Is Bad: Conspiracies And The Continuing Violations Doctrine Under The Sherman Act, Brianna S. Hills

Missouri Law Review

No abstract provided.


Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer Jan 2018

Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer

Missouri Law Review

No abstract provided.


Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan Jan 2018

Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan

Missouri Law Review

No abstract provided.


Missouri Shows The True Meaning Of The “Show-Me” State – Missouri’S Unfounded Hesitation To Enact A Prescription Drug Monitoring Program, Emma Masse Jan 2018

Missouri Shows The True Meaning Of The “Show-Me” State – Missouri’S Unfounded Hesitation To Enact A Prescription Drug Monitoring Program, Emma Masse

Missouri Law Review

No abstract provided.


Copyright Jan 2018

Copyright

Missouri Law Review

No abstract provided.


Table Of Contents Jan 2018

Table Of Contents

Missouri Law Review

No abstract provided.


Introduction To “Dispute Resolution And Political Polarization", Rafael Gely Jan 2018

Introduction To “Dispute Resolution And Political Polarization", Rafael Gely

Journal of Dispute Resolution

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today’s public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution scholars …