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Articles 31 - 60 of 5534
Full-Text Articles in Law
Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold
Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold
Missouri Law Review
The United States is currently suffering a pervasive and unsettling shortage of housing and increased housing unaffordability. Rents are at an all-time high, which has a disproportionate impact on people of color and people earning lower incomes as these individuals are more likely to rent rather than own their homes. Moreover, people solidly in the middle class are finding it increasingly difficult to purchase residences within their budgets.
Police Mistakes Of Law, Heien V. North Carolina And Significant Fourth Amendment Interpretive Cases: An Empirical Examination Of Officer Perception, Knowledge And Performance, Christopher D. Totten, Gang Lee, Michael De Leo
Police Mistakes Of Law, Heien V. North Carolina And Significant Fourth Amendment Interpretive Cases: An Empirical Examination Of Officer Perception, Knowledge And Performance, Christopher D. Totten, Gang Lee, Michael De Leo
Missouri Law Review
This empirical study examines legal aspects of policing in relation to the landmark Fourth Amendment United States Supreme Court case of Heien v. North Carolina. In Heien, the Court found that objectively reasonable mistakes of law by police can support traffic stops. By doing so, Heien extends the permissible margin of error for these stops by law enforcement officers. Due to the potential far-reaching implications of Heien for law enforcement conduct and Fourth Amendment privacy protections, this study aims to empirically examine officer perception and knowledge regarding Heien, including officers’ decision-making behavior with respect to Heien and its core concept …
Mallory V. Norfolk Southern Railway Co., Due Process And Strange Bedfellows, Michael Vitiello, Daniel Croxall
Mallory V. Norfolk Southern Railway Co., Due Process And Strange Bedfellows, Michael Vitiello, Daniel Croxall
Missouri Law Review
[As the 2022 Supreme Court term waned, the press and public waited with trepidation or excitement for noteworthy cases that addressed important policy questions, including affirmative action, student loan forgiveness, and conflicts between religious freedom and gay rights. Fewer people shared the concerns of Civil Procedure scholars who anxiously awaited the Court’s decision in Mallory v. Norfolk Southern Railway Co. For over a decade, the Court found that states violated due process in asserting personal jurisdiction over various defendants despite the lack of any meaningful burden on the defendant’s ability to defend against claims in the plaintiff’s choice of forum. …
Highspeed Pursuit Of A Claim For Negligence: Analyzing Police Liability In A Vehicular Accident Involving Bystanders, Harry Bell Iii
Highspeed Pursuit Of A Claim For Negligence: Analyzing Police Liability In A Vehicular Accident Involving Bystanders, Harry Bell Iii
Missouri Law Review
Between 1994 and 2002, 3,146 people died as a result of highspeed police pursuits. Many of these decedents were pedestrians, bicyclists, or occupants of an uninvolved vehicle. In fact, statistics from the Federal Bureau of Investigation (“FBI”) indicate that bystander fatalities make up approximately 42% of total fatalities resulting from highspeed pursuits by law enforcement. Deaths related to these pursuits may be even greater than the statistics suggest due to underreporting on the matter. How is fault attributed when a highspeed police pursuit harms an innocent bystander? Can a court attribute liability to law enforcement? Are there legal remedies available …
Wanted!: Fourth Amendment Protection For St. Louis Residents From The Unconstitutional Wanteds System, Brooke Buerck
Wanted!: Fourth Amendment Protection For St. Louis Residents From The Unconstitutional Wanteds System, Brooke Buerck
Missouri Law Review
Back in the days of Jesse James, Billy the Kid, and Butch Cassidy, wanted posters were plastered all around town: “Wanted! $5,000 Reward!” Law enforcement agencies still utilize wanted posters today, but they appear more commonly on the internet or in the media rather than in classic paper form with bold lettering and a black-and-white portrait of the suspect that is associated with Western films. The purpose of such wanted “posters” or other similar investigatory tools is to facilitate capture by involving the public and communicate the agency’s priorities by showing the public which individuals and crimes are a top …
A Tragedy In Three Acts: Discrimination, Retaliation, And Ferpa, Jackson L. Ferguson
A Tragedy In Three Acts: Discrimination, Retaliation, And Ferpa, Jackson L. Ferguson
Missouri Law Review
As humanity has entered the digital age, we have come to possess incomprehensible amounts of recorded information—by some estimates, 295,000,000,000 gigabytes. With such an abundance of information at our fingertips, careful data management is not just a problem for IT specialists, but an occupational hazard for every American worker with a computer. In Ferry v. Board of Education. of Jefferson City Public School District, a teacher—Tammy Ferry—lost her job because she and her attorney failed to understand the hyper-technicalities involved in data privacy. This Note will argue that Ferry’s school district, the state of Missouri, and the U.S. Congress unintentionally …
It Wasn’T Me: How The Doctrines Of Sovereign Immunity And Misnomer Frustrate Missouri’S Petroleum Cleanup Efforts, Lauren Elizabeth Fleming
It Wasn’T Me: How The Doctrines Of Sovereign Immunity And Misnomer Frustrate Missouri’S Petroleum Cleanup Efforts, Lauren Elizabeth Fleming
Missouri Law Review
Honk! Honk! Crash! You have just been injured in a car accident. The other driver is completely at-fault, but luckily, she was insured. You timely submit your valid claims to her well-known insurance agency, but the agency denies the claim for no apparent reason. While confused and frustrated, you take comfort in the fact that society created insurance companies to address your exact injuries and that the legal system provides remedies for this very situation. Your attorney reassures you that the other driver and her insurance agency will be held accountable, and justice will be served.
Reality Check: The Aim Of Affirmative Action May Often Miss The Mark Of Equal Protection, Kate Frerking
Reality Check: The Aim Of Affirmative Action May Often Miss The Mark Of Equal Protection, Kate Frerking
Missouri Law Review
The American justice system is built around basic guarantees of procedural due process. The Constitution assures certain procedural rights such as notice, an opportunity to be heard, and an impartial jury, not because these rights always ensure successful outcomes, but because they reflect notions of fairness, protection, and equality the nation views as fundamental. While the ultimate goal is that “justice” is served, the Constitution protects “process,” not outcome. If the desire is results-driven, why did the Framers prioritize protecting process over outcome?
Reading The Court’S Palm: The Unclear Present And Future For Cost-Shifting Under Rule 54(D)(1), Anthony M. Whalen
Reading The Court’S Palm: The Unclear Present And Future For Cost-Shifting Under Rule 54(D)(1), Anthony M. Whalen
Missouri Law Review
A tie is like kissing your sister1 This unique turn of phrase captures the American attitude towards ties—there are, or should be, winners and losers. But this notion of dedicated victories and defeats is not as strong as it once was. Whether it is the increased frequency of ties in the National Football League (“NFL”) over the past few years, the growth of soccer in the United States, or the split nature of our bicameral legislature, ties are a familiar part of the average American’s experience. Even our judicial system cannot avoid questions of “ties.” The idea that every court …
Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins
Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins
Journal of Dispute Resolution
In the face of adversity, professional female athletes have championed the fight for equal pay and brought the issue to the national stage. Testifying in front of the Congressional House Oversight Committee, Megan Rapinoe, a professional soccer player for the United States Women’s National Team, articulates that “one cannot simply outperform inequality or be excellent enough to escape discrimination of any kind.” Megan Rapinoe’s message has touched the hearts of not only Americans but also people all over the world, and her leadership has brought visibility to the realities of gender-based discrimination of female athletes in the United States.
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Journal of Dispute Resolution
The Association of Southeast Asian Nations (“ASEAN”) was established in 1967. The founding members of ASEAN are Indonesia, Malaysia, Philippines, Singapore and Thailand. Five other countries have since joined ASEAN, including Brunei, Laos, Vietnam, Cambodia and Myanmar. Today, ASEAN represents a strong economic organization which has Gross Domestic Product ranking top ten in the world. As to why the founding members decided to establish such an organization, Piris and Woon take the view that it was for the purpose of combating communism during the 1960s. In 2007, a milestone event for ASEAN was the adoption of the ASEAN Charter (“the …
Missouri’S Ultimate Dead Hand Control: The Development And Relationship Between Donative Arbitration Provisions And No-Contest Clauses In Wills & Trusts, Hunter Hummell
Journal of Dispute Resolution
In Epigrams of a Cynic, Ambrose Bierce wrote “death is not the end; there remains the litigation over the estate.” As true as that statement was in 1912, it does not take a cynic to see the role that probate and litigation play in our world today. In 2022, Americans will spend over two billion dollars on probate. The probate system has always been one the most important foundations of the U.S modern legal system. In Missouri alone, there were over 15,000 cases filed in the probate court in 2021. It seems that death and conflict are inseparable. The idea …
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Journal of Dispute Resolution
LIV Golf has taken the professional golfing world by storm. Started by golfing legend Greg Norman and funded by the Saudi Arabia Public Fund, LIV golf has brought a new league with a new format to golf, but it has also drawn its fair share of criticism due to its sources of funding. In response to the rise of LIV Golf, the PGA TOUR, professional golf’s principal league, announced it would suspend any player that signed a contract to play for LIV Golf. Recently, eleven LIV Golf players and LIV Golf itself have filed an antitrust suit against the PGA …
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
Journal of Dispute Resolution
Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts …
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
Journal of Dispute Resolution
A sense of crisis in the administration of civil justice is widespread. Whether the typical difficulties faced by many countries unfold in excessive costs and delays, they have stark implications for the effectiveness of the procedural systems and access to justice. Several new institutions evolved to deal with this state of crisis. Amongst them, the judicially-led settlement, which has the peculiarity of being an alternative tool, despite being performed in the courtroom, made inroads worldwide. However, the pro-adjudication rhetoric raised and continue to raise severe qualms of parties’ coercion and judicial partiality resulting from the judge’s dual role as conciliator …
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
Journal of Dispute Resolution
In the commercialized and technology-driven world we live in today, it is astonishingly easy to find an area where an arbitration clause has influenced our lives. If you have purchased a smart phone, applied for a credit card, downloaded an app, or ordered takeout, you have likely signed an arbitration clause. Arbitration claims can be a powerful tool for suppressing collective action and contributed to the steady decrease of class action filings for decades, particularly against large corporations. With the strengthening of arbitration clauses in the past several decades and the court’s tricky relationship with their enforcement, arbitration claims have …
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Journal of Dispute Resolution
Since the Houston Texans drafted him in 2017, Deshaun Watson has statistically been one of the best quarterbacks in the National Football League (“NFL”). Watson led the Texans to the playoffs in both the 2018 and 2019 seasons before internal organizational issues led to Watson requesting a trade after the 2020 season. By the end of March 2021, twenty-one women had filed civil lawsuits alleging Watson of sexual assault and sexual misconduct. Watson did not immediately face any discipline from the NFL, but the Texans made Watson inactive for every week of the 2021 season in light of the accusations …
The Filming Dilemma: The Potential Speech Cost Presented By Camera Coverage Of Defamation Cases, Alexandra M. Gutierrez
The Filming Dilemma: The Potential Speech Cost Presented By Camera Coverage Of Defamation Cases, Alexandra M. Gutierrez
Missouri Law Review
For the better part of the last century, journalists have used free press and free-speech principles to advocate for camera access to newsworthy trials. But it was not until 2022 that news organizations succeeded in broadcasting defamation proceedings, and—in the process—gave libel litigants a novel opportunity to present their stories both to jurors and to the public at large. Because news organizations are themselves frequent targets of defamation lawsuits, this development may not be a categorical good for the press. The filming of defamation proceedings could provide motivated litigants with one more incentive to sue real and perceived critics, insofar …
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Missouri Law Review
This article, which is based on a keynote address given at the 2023 Missouri Law Review Symposium, addresses the past and predicted future of defamation law in hopes of galvanizing needed reforms. As a necessary backdrop, this article explains why today’s defamation law remains so complex, tracks reforms over the last half century, and explains why the common law of defamation has not adapted adequately to the challenges posed by cheap speech in the digital era. The article then turns to assessing the complaints of defamation law’s most prominent would-be reformers and finds them to rest on an incomplete understanding …
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Missouri Law Review
Social media and video-sharing sites have introduced the concept of “micro-celebrity,” a person who attains fame – rapidly, and potentially fleetingly – among a niche audience of internet users for doing something colorful. As with anyone who participates in the sometimes sharp-elbowed give-and-take of online discourse, these niche celebrities are increasingly being drawn into controversies that can result in litigation. For nearly 60 years, the Supreme Court’s Sullivan standard has afforded critics an extra measure of breathing space when they comment on the conduct of “public” personalities –people with outsized influence, and the ability to defend themselves effectively through counterspeech. …
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
Missouri Law Review
More than half of Americans get their news from social media. These spaces – social media platforms, video and audio recommender systems, social news and gossip boards – have their own fact-checking and editorial cultures that, although not the exact same as those found in newsrooms, offer similar controls for the distribution of information. While imperfect, just like the controls of traditional media, these fact-checking cultures may offer a response to recent US judicial rejection of actual malice and provide a route of inquiry for courts examining evidence to determine if a defamation plaintiff has met the heightened standard. This …