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Articles 31 - 60 of 110
Full-Text Articles in Law
Union Walks In The Sixth: The Integrity Of Mandatory Non-Binding Grievance Procedures In Collective Bargaining Agreements - At & (And) T V. Communications Workers Of America, Afl-Cio, The, Mark Riley Kroeker
Journal of Dispute Resolution
There are many mechanisms short of industrial action which labor unions and employers use to resolve disputes. Anticipating conflict, but aiming to avoid industrial action, the two parties might place an arbitration agreement or other mandatory grievance adjustment procedure into their collective bargaining agreement. This agreement will reflect the parties' understanding as to how disputes are to be resolved. This Note examines the limited circumstances in which the federal courts will enjoin union protest activity carried out in violation of a collective bargaining agreement's provisions regarding dispute resolution. It focuses on the analytic inconsistency of the judicial refusal to enjoin …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Law Of Repelling Floods In Missouri , Peter N. Davis
Law Of Repelling Floods In Missouri , Peter N. Davis
Journal of Environmental and Sustainability Law
No abstract provided.
Obstacles To The Formation Of Solid Waste Landfills In Missouri , Anthony P. Farrell
Obstacles To The Formation Of Solid Waste Landfills In Missouri , Anthony P. Farrell
Journal of Environmental and Sustainability Law
No abstract provided.
The Rcra/Cercla Debate: Application Of State Standards At Federal Hazardous Waste Sites. United States V. Colorado, Alyse Hakami
The Rcra/Cercla Debate: Application Of State Standards At Federal Hazardous Waste Sites. United States V. Colorado, Alyse Hakami
Journal of Environmental and Sustainability Law
No abstract provided.
Clean Indoor Air: Who Has It & How To Get It - A Functional Approach To Environmental Tobacco Smoke , Christine Hymes
Clean Indoor Air: Who Has It & How To Get It - A Functional Approach To Environmental Tobacco Smoke , Christine Hymes
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Cases To Watch, Alyse Hakami
Cases To Watch, Alyse Hakami
Journal of Environmental and Sustainability Law
No abstract provided.
Equal Protection For Foreign And Alien Corporations: Towards Intermediate Scrutiny For A Quasi-Suspect Classification, Hartwin Bungert
Equal Protection For Foreign And Alien Corporations: Towards Intermediate Scrutiny For A Quasi-Suspect Classification, Hartwin Bungert
Missouri Law Review
State statutory legislation and, to a lesser extent, federal statutory legislation often discriminates against foreign and alien corporations.' So far, this kind of discrimination against corporations is not accorded much attention in U.S. equal protection doctrine, although the discrimination of alien, natural persons has been topic of much debate and of some well-known Supreme Court cases. This article argues for application of at least an intermediate level of scrutiny, if not strict scrutiny, for classifications on the ground of "corporate nationality" under the Equal Protection Clause of the U.S. Constitution.
Private Accountability And The Fourteenth Amendment; State Action, Federalism And Congress, Alan R. Madry
Private Accountability And The Fourteenth Amendment; State Action, Federalism And Congress, Alan R. Madry
Missouri Law Review
In this essay, I hope to expand the foundation of that conclusion and further explore its implications for private accountability and the duties of the Court, Congress and state lawmakers. Part I extends the discussion from state responsibility to private accountability. It first examines the paradoxes implicit in the Courts doctrine of private accountability. Among the forces that have shaped the present doctrine of private accountability, and motivated the scholarly debate, is the palpable need to protect the fundamental interests of people against invasion by powerful private initiatives.
Judicial Enforcement Of Moral Imperatives: Is The Best Interest Of The Child Being Sacrificed To Maintain Societal Homogeneity, Juliet A. Cox
Judicial Enforcement Of Moral Imperatives: Is The Best Interest Of The Child Being Sacrificed To Maintain Societal Homogeneity, Juliet A. Cox
Missouri Law Review
When parents divorce, courts are forced to deternine which parent should obtain custody of the children. The applicable standard in all states for deciding who should receive custody is the "best interest of the child. This comment will analyze the historical shift in moral judgment of interracial relationships, the judicial response to the changing public view and the effect of the changing public view on child custody decisions. It will then juxtapose that history with the current change in societal judgment of gay and lesbian relationships and the corresponding judicial response with respect to custody disputes.
Exploding Myths: An Empirical And Economic Reassessment Of The Rise Of Employment At-Will, Andrew P. Morriss
Exploding Myths: An Empirical And Economic Reassessment Of The Rise Of Employment At-Will, Andrew P. Morriss
Missouri Law Review
Like many other types of contracts, employment contracts are frequently incomplete, with important terms missing or unclear. Courts have created a variety of rules to assist in filling these gaps. One of these rules, the employment at-will rule, specifies a default rule which governs in cases where the parties to an employment contract fail to explicitly state the contract's duration. The at-will rule is straightforward, providing that where the term of the contract is indefinite, both the employer and employee are free to terminate the contract without liability at any time. This paper takes a new approach to the history …
Title Ii Of The Civil Rights Act Of 1964 And Membership Organizations Unconnected To A Physical Facility, Sandra J. Colhour
Title Ii Of The Civil Rights Act Of 1964 And Membership Organizations Unconnected To A Physical Facility, Sandra J. Colhour
Missouri Law Review
In Welsh v. Boy Scouts of America, the Seventh Circuit interpreted Title II of the Civil Rights Act of 1964. At the time of the 1964 Act, almost ninety years had passed since Congress last focused on civil rights legislation in public accommodations? While Congress clearly intended for Title II to end racial and certain other types of discrimination in public accommodations,4 congressional intent with regard to entities that do not clearly resemble any of Title II's specific examples is less clear. This Note examines the sources behind the court's decision, evaluates the court's theory of interpretation, and predicts the …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
An Overview Of Missouri's Air Permit Laws, Robert J. Lambrechts
An Overview Of Missouri's Air Permit Laws, Robert J. Lambrechts
Journal of Environmental and Sustainability Law
No abstract provided.
An Interview With Edward L. Dowd, Jr., And Patrick M. Flachs, United States Attorneys Office, Eastern District Of Missouri , Theodore A. Kardis
An Interview With Edward L. Dowd, Jr., And Patrick M. Flachs, United States Attorneys Office, Eastern District Of Missouri , Theodore A. Kardis
Journal of Environmental and Sustainability Law
No abstract provided.
The North American Agreement On Environmental Cooperation: A Summary And Discussion, Daniel D. Coughlin
The North American Agreement On Environmental Cooperation: A Summary And Discussion, Daniel D. Coughlin
Journal of Environmental and Sustainability Law
No abstract provided.
Requiring Environmental Information Disclosure On The Deed: Shining The Light On Residential Transactions , Russell James Iii
Requiring Environmental Information Disclosure On The Deed: Shining The Light On Residential Transactions , Russell James Iii
Journal of Environmental and Sustainability Law
No abstract provided.
Cases To Watch And Missouri Legislative Summary, V. Alyse Hakami, Mark A. Meyer
Cases To Watch And Missouri Legislative Summary, V. Alyse Hakami, Mark A. Meyer
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Volume 17, Issue 1 (Spring 1994)
Comparison Of The Rules And Rationales For Allocating Risks Arising In Realty Sales Using Executory Sale Contracts And Escrows, A, Robert L. Flores
Comparison Of The Rules And Rationales For Allocating Risks Arising In Realty Sales Using Executory Sale Contracts And Escrows, A, Robert L. Flores
Missouri Law Review
In a typical transaction for the sale and purchase of residential real estate there are two transition periods during which the parties are exposed to risks of sudden significant loss. One risk is of destruction of the premises by fire or other casualty ("realty loss"). Another risk is that money deposited in escrow will be lost through embezzlement or poor caretaking by an escrow holder ("escrow loss"). The two risk periods often overlap, and the two risks clearly are part of the same overall transaction. Because the two types of risk are commonly associated, the theories, doctrines, and rules developed …
Other Constituency Statutes, Richard B. Tyler
Other Constituency Statutes, Richard B. Tyler
Missouri Law Review
This Article will use the Missouri experience as a point of departure to consider what the legal effect of "other constituency" statutes might be. Recognizing that "other constituency" statutes were adopted along with other statutes clearly aimed at deterring unwanted takeovers, those other statutes will also be discussed. First, the Missouri law relating to corporate governance prior to the enactment of the package of Missouri legislation that includes the other constituency statute will be examined, including the legislative history of these statutes and the sources from which they seem to have been drawn. Next, this Article will consider whether, and …
Mystery And The Mastery Of The Judicial Power, The, Jim Chen
Mystery And The Mastery Of The Judicial Power, The, Jim Chen
Missouri Law Review
What do law clerks do at the Supreme Court? One day this question took me entirely by surprise. Not because of its substance: I have repeatedly answered this question ever since Justice Clarence Thomas invited me to serve as his clerk for October Term 1992. As with so much else in law, context had triumphed over content.
Corporate Counsel And Business Ethics: A Personal Review, H. J. Aibel
Corporate Counsel And Business Ethics: A Personal Review, H. J. Aibel
Missouri Law Review
From time to time divergences between the goals of the individuals and the best interests of the corporation, as the lawyer sees the situation, can give rise to career threatening tensions, if not ethical and legal issues. This is particularly the case with regard to corporate programs to ensure compliance with legal, regulatory, and ethical requirements. It is these problems of practicing in a corporate law department that I would like to discuss this afternoon. For me, these tensions and the ethical and legal challenges of carrying out compliance functions became clear early on in my career as a corporate …
Physician-Patient Relationship: The Permissibility Of Ex Parte Communications Between Plaintiff's Treating Physicians And Defense Counsel, The, John Jennings
Missouri Law Review
Ex parte interviews of nonparty witnesses are commonly used by attorneys in determining whether witnesses have sufficiently valuable information to warrant taking their deposition or using their testimony at trial as well as in actually preparing witnesses to testify. In the Brandt cases, the Missouri Supreme Court permitted ex parte communications between a plaintiffs physicians and defense counsel. This Note will examine the reasoning behind the court's decision and compare the Brandt decision to various approaches taken by other jurisdictions to resolve the apparent conflict between the physician-patient relationship and informal discovery methods such as ex parte communications.
Missouri Firefighter's Rule, The, Christopher M. Hohn
Missouri Firefighter's Rule, The, Christopher M. Hohn
Missouri Law Review
The firefighter's rule bars injured firefighters and police officers from recovering against individuals whose ordinary negligence created the situation that required the presence of the officer or firefighter. In Missouri, the firefighter's rule originated as a landowner liability rule and as an exception to the rescue doctrine More recently, however, the rule has been influenced by the doctrine of assumption of risk and by public policy concerns. The result has been a hodgepodge of old and new rationales that form the basis for an inconsistent rule that relies on superfluous analysis. In Gray v. Russell, the Missouri Supreme Court reasserted …
The Case Of A Lifetime, Richard C. Reuben
The Case Of A Lifetime, Richard C. Reuben
Faculty Publications
There is great difficulty in defining pro bono lawyering. The classic model is the practitioner who devotes time to representing a client in a civil or criminal matter. But some consider other legal relationships pro bono as well, such as service on the boards of directors of nonprofit organizations, legal work at reduced fees, and activities that improve the law and legal profession. In the case of organizations such as the ACLU and the NAACP LDF, pro bono means a mixture of much of the above, as public interest law firms work hand in hand with private lawyers and firms …