Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
Eighth Circuit Loosens The Grip Of The Bankruptcy Gag Rule, But Holds Attorneys To Advertising Disclosure Requirement, The, Bethany R. Findley
Eighth Circuit Loosens The Grip Of The Bankruptcy Gag Rule, But Holds Attorneys To Advertising Disclosure Requirement, The, Bethany R. Findley
Missouri Law Review
The Court of Appeals for the Eighth Circuit, in a case of first impression, struck down a provision of the 2005 bankruptcy reform law that prohibits attorneys from advising their clients to incur more debt in contemplation of filing for bankruptcy. At the same time, the court upheld a provision of the Bankruptcy Code that compels attorneys to include a specified disclosure within their bankruptcy-related advertisements. The court's rationale for striking down the Code's restriction on attorney advice was that its broad application restricted attorneys from rendering advice that in some situations would be entirely lawful and beneficial to their …
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Mistake And Disclosure In A Model Of Two-Sided Informational Inputs, Michael J. Borden
Missouri Law Review
This paper will examine some theoretical aspects of contractual non-disclosure and the related doctrine of unilateral mistake. These two legal rubrics are conceptually similar; each is concerned with the degree to which parties must communicate their understandings about the nature of the contract into which they are about to enter. If one party fails to reveal enough information, the other party may enter into the agreement under a misunderstanding and consequently may attempt to avoid contractual liability on the basis of mistake or on a theory of nondisclosure. The law of contracts clearly attaches a great deal of importance to …
Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone
Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone
Missouri Law Review
This article describes a program of research that applies social analytic jurisprudence to test some of the assumptions in consumer bankruptcy law and policy.4 Our work first seeks to describe selected provisions from the newly enacted bankruptcy amendments that pertain to enhanced disclosure requirements, and then to locate some of the behavioral assumptions implicit in these provisions. 5 Next, we assess the accuracy of these assumptions based on an experiment that we conducted looking at a simulated online shopping trip that we constructed specifically to test the effects of enhanced disclosure
When Confidentiality Is Not Essential To Mediation And Competing Interests Necessitate Disclosure, Patrick Gill
When Confidentiality Is Not Essential To Mediation And Competing Interests Necessitate Disclosure, Patrick Gill
Journal of Dispute Resolution
Mediation is a process where a neutral intervener helps disputing parties develop a mutually beneficial resolution. Confidentiality is an established element of mediation. In general, confidentiality furthers the ability of the parties to seek mutually beneficial outcomes to disputes that would otherwise customarily produce a win/lose result. Confidentiality encourages parties to explore their underlying interests, without fear of the repercussions of revealing such information. Arguments are asserted that mediation will not succeed without the assurance that communications will be protected by a confidentiality privilege. The Uniform Mediation Act (UMA) has attempted to clarify the various confidentiality protections afforded by individual …
New Era Of Disclosure: California Judicial Council Enacts Arbitrator Ethics Standards - Ethics Standards For Neutral Arbitrators In Contractual Arbitration, A, Keisha I. Patrick
New Era Of Disclosure: California Judicial Council Enacts Arbitrator Ethics Standards - Ethics Standards For Neutral Arbitrators In Contractual Arbitration, A, Keisha I. Patrick
Journal of Dispute Resolution
Although the current CJC ethics rules consist of seventeen standards and several subsections "intended to guide the conduct of arbitrators, '17 this Note will focus only on the disclosure requirements. The Note will also compare the CJC standards with disclosure rules that provider organizations have previously enacted.
Call For Intellectual Honesty: A Response To The Uniform Mediation Act's Privilege Against Disclosure, A, J. Brad Reich
Call For Intellectual Honesty: A Response To The Uniform Mediation Act's Privilege Against Disclosure, A, J. Brad Reich
Journal of Dispute Resolution
I will discuss and respond to three potential concerns of creating confidentiality through contractual provision. First, contract provisions are not binding on persons not parties to the contract. As a purely legal principle this is undoubtedly correct, but I will argue that while contract provisions cannot specifically bind non-parties, they can decrease the risk of disclosure of mediation communications to and by non-parties. Second, while it is true that contractual provisions may be voided as violative of public policy, I will argue that courts have generally upheld contractual confidentiality provisions and only voided them when the need for confidentiality was …
Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel
Caveat Vendor: Sellers Of Real Estate Now Need To Beware Of Misrepresentations About The Condition Of Property, Timothy A. Reuschel
Missouri Law Review
The common law approach to disclosure of latent defects in real property was caveat emptor, which meant sellers had no duty to disclose latent defects to purchasers.2 Most modem courts have mitigated the harshness of the doctrine by adopting a system that mandates disclosure by a seller of any latent defect3 material to the purchaser's decision to buy the property and whose existence is known by the seller. Droz v. Trump highlights a growing trend among a number of Missouri courts willing to further narrow the seller protections of caveat emptor in favor of protecting innocent purchasers of real property. …
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
Missouri Law Review
Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Faculty Publications
Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes
Faculty Publications
This Article examines three separate aspects of the relationships between corporations and their securityholders from a dynamic economic perspective: (i) the feasibility of permitting shareholders to participate in the management of their corporations through the exercise of voting rights, (ii) Rule 3b-6, the safe harbor for projections (the Safe Harbor)8 under the Securities Exchange Act of 1934 (the 1934 Act),9 and (iii) the extraordinary returns available from investing in initial public offerings (IPO's). Three particular dynamic aspects are implicated in these situations.
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
Faculty Publications
Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri Law Review
The Truth in Lending Act, which became effective on July 1, 1969, regulates credit transactions which are to some extent the subject of existing state and local regulations. This local legislation is anything but uniform, and the hodgepodge of existing state law varies greatly in scope and intensity. The federal law provides that a creditor shall not be required to comply with any state law requirements which are inconsistent with the demands of the federal statute. The proposition has been asserted, however, that to the extent state laws are consistent with the federal rules (i.e. contain substantive provisions which are …
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Missouri Law Review
The Securities and Exchange Commission formed an internal study group in November, 1967, to examine the operation of the disclosure provisions of the Securities Act of 1983 (hereinafter referred to as the '33 Act), the Securities Exchange Act of 1934 (hereinafter referred to as the '34 Act), and SEC rules and regulations thereunder. This study group (hereinafter referred to as the Study) was under the direction and supervision of SEC Commissioner Francis M. Wheat. In March, 1969, the Study made its report to the SEC of its findings and proposals. The report is entitled Disclosure to Investors-A Reappraisal of Administrative …
Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney
Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney
Missouri Law Review
The present Missouri privilege statute is as follows: The following persons shall be incompetent to testify: .... a physician or surgeon, concerning any information which he may have acquired from any patient while attending him in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician or do any act for him as a surgeon. Even though the statute speaks of being "incompetent to testify" the statute has been interpreted to mean that it creates a physician-patient privilege. To claim the benefit of this statute two requirements must be met. First, …