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Articles 1 - 30 of 135
Full-Text Articles in Law
Top 10 Stories You Probably Missed: Respect Brings Out The Best In Kids And Parents, Douglas E. Abrams
Top 10 Stories You Probably Missed: Respect Brings Out The Best In Kids And Parents, Douglas E. Abrams
Faculty Publications
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
A Sweet Deal For Sugar , Jeff Leblanc
A Sweet Deal For Sugar , Jeff Leblanc
Journal of Environmental and Sustainability Law
No abstract provided.
Water, Water, Everywhere?: Legal Structures For The Contracting And Privatization Of Public Water Resources , Aldo Davila, Andrew Whitford
Water, Water, Everywhere?: Legal Structures For The Contracting And Privatization Of Public Water Resources , Aldo Davila, Andrew Whitford
Journal of Environmental and Sustainability Law
No abstract provided.
Unbridled Power And The Wild Horses And Burros Act. Fund For Animals, Inc. V. U.S. Bureau Of Land Management, Amy Gleghorn
Unbridled Power And The Wild Horses And Burros Act. Fund For Animals, Inc. V. U.S. Bureau Of Land Management, Amy Gleghorn
Journal of Environmental and Sustainability Law
No abstract provided.
Meth Labs: "Cooking" Up Environmental Disaster. U.S. V. Pinnow , Jennifer Wieman
Meth Labs: "Cooking" Up Environmental Disaster. U.S. V. Pinnow , Jennifer Wieman
Journal of Environmental and Sustainability Law
No abstract provided.
Refining Regulation: The Oil Refinery Regulatory Framework After The Energy Policy Act Of 2005 , Christopher J. Koschnitzky
Refining Regulation: The Oil Refinery Regulatory Framework After The Energy Policy Act Of 2005 , Christopher J. Koschnitzky
Journal of Environmental and Sustainability Law
No abstract provided.
Nothing New Under The Sun: The Minimalism Of Chief Justice Roberts And The Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff
Nothing New Under The Sun: The Minimalism Of Chief Justice Roberts And The Supreme Court's Recent Environmental Law Jurisprudence , Damien Schiff
Journal of Environmental and Sustainability Law
No abstract provided.
What Does "Contamination" Mean? The Second Circuit's Approach To An Insurance Policy's Contamination Exclusion. Parks Real Estate Purchasing Group V. St. Paul Fire And Marine Ins. Co., Robert Cornejo
Journal of Environmental and Sustainability Law
No abstract provided.
Federal Court Affirms The Destruction Of Louisiana's Coastal Marshlands. Barasich V. Columbia Gulf Transmission Co., Darryl Chatman
Federal Court Affirms The Destruction Of Louisiana's Coastal Marshlands. Barasich V. Columbia Gulf Transmission Co., Darryl Chatman
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Thank You, Dale, R. Wilson Freyermuth
Thank You, Dale, R. Wilson Freyermuth
Missouri Law Review
Often in symposium issues, it is customary for the organizer to prepare a foreword that introduces each author and presents a brief synopsis of each article. As is true for most symposia, the authors in this issue (and their articles) are worthy of such praise and attention. I hope you will read and enjoy each of the articles, but this foreword is not going to summarize or describe them. Instead, with the indulgence of the other authors, this foreword will focus on Dale Whitman - in whose honor these articles were prepared and presented at the University of Missouri-Columbia School …
Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson
Missouri Law Review
The foregoing leads to the major question posed by this paper - when should the logic of mortgage foreclosure law and its priority rules be trumped by an overriding concern for fairness and morality? This question is uniquely suited to a symposium dedicated to Dale Whitman's career as a teacher and scholar. This paper examines this question in two distinct contexts. In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption 7 who purchases the property at the foreclosure sale of a senior lien acquires a title free and …
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
Missouri Law Review
It is my great honor to deliver the Earl F. Nelson lecture for the year 2007. I have never met Mr. Nelson, but I have looked at the roster of distinguished people who have spoken in this lecture series, and I am pleased to have my name added to such an august list. I would also like to add my tribute to Dale Whitman, to whom this Conference has been dedicated. I regard him as a one-man version of Mr. Inside and Mr. Outside, a reference to - for those of you who remember - the old Army teams from …
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Missouri Law Review
This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform. Part II briefly describes the transformation of the modem mortgage transaction - from its traditional "local" character to the modem development of the "national" mortgage market - and the implications of this transformation for the way in which satisfaction of mortgages occurs. Part III discusses the current patchwork of state law mortgage satisfaction provisions, emphasizing how these provisions have not kept pace with the transformation of the mortgage market, how the lack of uniformity …
Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper
Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper
Missouri Law Review
This Summary will analyze the reasoning utilized in the various district court decisions since LePage's and will seek to illustrate how those courts have dealt with a lack of clear foundation as to how to handle bundling claims under the antitrust laws. Furthermore, this summary will attempt to determine specific reasons why the LePage's decision has failed to provide a proper approach to determining the legality of bundled discounts. Finally, the Summary will conclude that the Supreme Court should grant certiorari in order to provide both the district and circuit courts with guidance as to how they should balance between …
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Missouri Law Review
This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. During the summer of 2005, I interviewed dozens of Chinese and Western lawyers, bankers, real estate developers, government officials, judges, economists, real estate consultants, law professors, business professors, real estate agents, law students, and recent homebuyers. Their comments offer reliable insights into how China's real estate markets truly function. The discussion that follows draws on these conversations to examine China's budding mortgage law practices, including how they developed, how they comport with or differ from written laws, and what questions …
Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel
Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel
Missouri Law Review
This Article explores the power of trust to shape where we live and how we live. It aims to provide a new set of first principles to reshape the common interest community (CIC) paradigm, so that the promise of social trust, rather than control and punishment, can enhance the cultural and economic success of this Goliath of residential living.
Teaching Property - A Conceptual Approach, Dale A. Whitman
Teaching Property - A Conceptual Approach, Dale A. Whitman
Missouri Law Review
The property course has shrunk. This fact is well-documented, and is obvious to anyone who has taught the course over any appreciable length of time. For many decades, Property received six credits in most law schools - typically three in the Fall and three in the Winter semester of the first year. Now, few schools give the course more than four or five credits, and some have cut it to three. The change seems to have occurred mainly over the last two decades. While it is doubtful that many Property teachers would have chosen this reduction, it is now an …
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Missouri Law Review
This article is a first step in evaluating and discussing some of the hazards, legal risks and uncertainties inherent in mezzanine financings and the way in which the market fails to adequately take these factors into account. In Part II, I describe the legal background and structure of mezzanine loans. Part III focuses on the risks and realities of mezzanine loans. In particular, I describe some of the difficulties in perfecting a security interest in, and foreclosing upon, mezzanine loan collateral. In Part IV, I argue that the recent subprime mortgage crisis offers a cautionary tale for many of the …
Boundaries Of Exclusion, Geogrette Chapman Phillips
Boundaries Of Exclusion, Geogrette Chapman Phillips
Missouri Law Review
This article is a story about boundaries and exclusion and about how - or whether - there is a community based right to exclude nonresidents. The right of the individual to own property, to defend that property and to exclude others from entering that property are sticks in the bundle of rights enshrined in US property law. The limitations on that exclusion are determined by the creation of a legally defined property line that bounds these rights. That part of our story is relatively straightforward. However, we do not live our lives in isolation. We surround ourselves with a chosen …
Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll
Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll
Missouri Law Review
The Missouri single subject provision, which requires that each bill enacted by the Missouri Legislature contain a single subject, is one of the great equalizers in backroom politics. Simply put, it is a hurdle that prevents legislators from hijacking the legislative process by attaching an unrelated provision to a proposed bill. This is a practice that many of our Federal legislators find to be a daily occurrence, but one that our state politicians are prevented from doing under the single subject provision of the Missouri Constitution. However, even with the broad prohibition outlined in the single subject provision, for the …
Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Missouri Law Review
Supreme Court Justice Potter Stewart observed that "[t]he art of being a judge, if there is such an art, is in announcing clear rules in the context of... infinitely varied cases, rules that can be understood and observed by conscientious government officials. This might be excellent advice for Missouri's judges to consider. After nearly fifteen years of struggling to formulate the proper standard for appellate review of a trial court's finding of probable cause, courts appear to be as unsettled on the issue as ever. In no context is this clearer than in cases involving charges of driving while intoxicated …
From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher
From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher
Missouri Law Review
Many large, multi-state retailers and banks have been acting as their own landlord by paying rent to themselves. Sophisticated corporate tax strategists have employed a method of avoiding state taxes by using a real estate investment trust (REIT) to "own" its real estate. The retailer or bank then pays rent to the REIT, which then turns the money over to a holding company. The rent money ends up back in the hands of the corporate parent, without being subject to state income tax along the way. Although this tax loophole has been closed by the federal government, the strategy is …
Real Estate Practice In The Twenty-First Century, Ann M. Burkhart
Real Estate Practice In The Twenty-First Century, Ann M. Burkhart
Missouri Law Review
The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness. Real estate law, perhaps more than any other area, has changed very slowly since the beginning of the common law legal system. The mortgage, which will be the engine for this century's developments, is a particularly striking example of this slow rate of evolution.' …
Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester
Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester
Missouri Law Review
Part II of this Article discusses Fannie Mae and Freddie Mac, their creation and evolution, their current role in the secondary market, and the development and current use of the Fannie Mae/Freddie Mac standardized forms. Part III looks at these uniform mortgage instruments in detail, and compares them to other residential loan documents and to commercial mortgage loan documents. Part III also considers typical terms of other consumer transactions that are not so balanced and explores how the problems that consumers face in choosing consumer credit make loan documents with fair terms particularly beneficial to consumers. Part IV discusses current …
Doctrines Of Waste In A Landscape Of Waste, John A. Lovett
Doctrines Of Waste In A Landscape Of Waste, John A. Lovett
Missouri Law Review
While I do not deny that classic waste cases - conflicts between life tenants and future interest holders over alleged instances of voluntary waste - are less common today than they used to be (but perhaps not as uncommon as some might think), my goals in this article are to reawaken readers to the importance of waste doctrine, to suggest that the great days of waste may not be completely in the past, to recommend some new uses for waste cases as teaching tools, and generally to urge a renewed appreciation for waste - an appreciation that Dale Whitman, for …
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
Missouri Law Review
In Lentz, the Missouri Supreme Court granted an unwed father leave to intervene in an adoption, despite the fact that he had failed to bring himself into the realm of constitutionally protected putative fathers. This note explains why the holding of the Lentz court subverted the intent of Missouri's adoption statutes and its putative father registry, and argues that an unwed biological father who has not filed a valid paternity action, registered with the putative father registry, or demonstrated a substantial commitment to the responsibilities of parenthood should not be entitled to the additional constitutional protections available to diligent putative …
Process Purity And Innovation In Dispute Resolution: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben
Process Purity And Innovation In Dispute Resolution: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben
Faculty Publications
This article uses a "process characteristics and values" approach to make the case against displacing arbitration finality with substantive judicial review. It responds to a trio of articles in a forthcoming Nevada Law Review symposium on whether and how the Federal Arbitration Act should be amended. In one article, Nevada Law Professor Jeffrey Stempel contends all arbitration awards should be subject to substantive judicial review similar to that of public trial courts. In a second article, Ohio State Professor Sarah Cole argues that substantive review should generally be permitted when the parties agree to it by contract, an issue now …
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Lidsky, Tera Peterson
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Lidsky, Tera Peterson
Faculty Publications
Florida has been one of the most aggressive states in regulating attorney advertising. The Florida Supreme Court recently adopted new and more stringent rules regulating broadcast advertising by attorneys, and the court appears poised to adopt new and more stringent rules governing Internet advertising by attorneys. As this Article details, the problem is that Florida's new and proposed rules violate both the First Amendment and sound public policy principles. This Article provides guidance to states contemplating further regulation of attorney advertising, and it indirectly critiques current commercial speech doctrine.