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Full-Text Articles in Law
Amendment 2 And Its Effect On Missourians' Free Exercise Of Religion, Mishelle Martinez
Amendment 2 And Its Effect On Missourians' Free Exercise Of Religion, Mishelle Martinez
Missouri Law Review
This Comment provides a thorough analysis of Amendment 2. The primary issue addressed is whether Amendment 2 will have an impact on Missourians' religious freedoms or whether Amendment 2 merely reaffirms rights already granted under the old article I, section 5 of the Missouri Constitution. If Amendment 2 does add new rights, an analysis of whether such rights are in accord with the First Amendment is required. Part II outlines the legislative history, text, and general commentary on the key provisions of Amendment 2. In Part III, all new provisions under Amendment 2 are analyzed in light of the legal …
Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, The, Mae C. Quinn
Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, The, Mae C. Quinn
Missouri Law Review
Part II of this Article examines some of the most well-known claims about the Missouri Model of juvenile justice, clarifying that the positive press to date actually describes only one small component of the larger juvenile justice structure: Missouri’s system of residential correction for state-placed adjudicated youth. And while that system has much to admire and replicate, it also has room for improvement In Part III, this Article fills in what has been left out of most public and press stories about Missouri’s larger youth justice system. That is, despite mostly glowing media accounts, Missouri’s at-risk youth are poorly served …
Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp
Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp
Missouri Law Review
In 2011, the Eastern District of the Missouri Court of Appeals summarized and clarified the issue of which court has jurisdiction to determine jurisdiction. After Cooper v. Chrysler Group, LLC, it is clear that a Missouri circuit court must yield to the Commission when the jurisdiction-determining issue is one of fact. However, a circuit court can nevertheless review jurisdictional issues of law. An important question remains, however: will a circuit court distinguish between issues of fact and issues of law if an affirmative defense is not timely raised by the employer?
Delicate Balancing Of Paternalism And Freedom To Contract: The Evolving Law Of Unconscionability In Missouri, A Law Summary , Scott Lee Smithson Jr.
Delicate Balancing Of Paternalism And Freedom To Contract: The Evolving Law Of Unconscionability In Missouri, A Law Summary , Scott Lee Smithson Jr.
Missouri Law Review
The contracts defense of unconscionability – infrequently exercised and less frequently successful – requires that a contractual provision be so odious that it “shocks the conscience” of the adjudicator. Case law suggests that during the last century, unconscionability has been argued successfully less than twenty times in the state of Missouri. The nature of an overall unconscionability analysis is rather tenuous, given that the defense is highly fact intensive, and a range of factors, rather than elements, controls. Despite this, Missouri courts had applied a uniform test in nearly every contract situation for decades, including contracts whose terms included a …
Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner
Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner
Missouri Law Review
This Law Summary focuses on Glossip’s ongoing challenge to receive survivor benefits. The case not only implicates the Missouri Constitution’s equal protection and due process clauses, but it is also controversial because it involves the same-sex marriage issues that have stirred national debate for quite some time. This Law Summary will discuss each of these issues. Specifically, Part II provides the legal background for Missouri’s equal protection and substantive due process clauses and provides case law pertaining to situations similar to Glossip’s that have arisen in other states. Part III provides a more in-depth background of Glossip’s lawsuit, focusing on …
Pulling The Taxpayer's Sword From The Stone: The Appropriation Requirement Of Missouri's Hancock Amendment, Jonathan G. Bremer
Pulling The Taxpayer's Sword From The Stone: The Appropriation Requirement Of Missouri's Hancock Amendment, Jonathan G. Bremer
Missouri Law Review
On November 4, 1980, Missouri voters approved the Hancock Amendment (Hancock) to Missouri's Constitution. Hancock addressed voter concerns as to whether state and local governments could keep their taxing and spending in check. The amendment contains two principle aspects. First, Hancock limits state and local governments in their ability to increase taxation, revenue, and spending without voter approval. Second, Hancock prohibits the state from imposing "unfunded mandates" upon its political subdivisions - closing a loophole that would otherwise allow the state to circumvent its duty not to raise taxes or spending above a certain level without a vote of the …
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Missouri Law Review
This Note will analyze the constitutionality of Missouri's funeral-protest statutes under the First Amendment. This Note argues that, with certain changes, Missouri's funeral-protest statutes should pass constitutional muster. In Part II, this Note analyzes the facts and holding of Phelps-Roper v. Koster. Next, in Part III, this Note explores the legal background of the First Amendment, time, place, and manner restrictions, and how other courts have decided cases involving funeral-protest laws. Part IV examines the court's rationale in Phelps-Roper v. Koster. Lastly, Part V explains where the district court erred and how Missouri's funeral-protest statutes can be changed to become …
Defending The Historic Preservation Tax Credit, Lauren K. Shores
Defending The Historic Preservation Tax Credit, Lauren K. Shores
Missouri Law Review
Part II of this Comment discusses Missouri's historic preservation tax credit, and supplementing the discussion is some background on the federal rehabilitation tax credit. Part III explains how an historic preservation tax credit statute can be structured and outlines the advantages and disadvantages of these structural aspects. In addition, it discusses how historic preservation tax credits can be used as a redevelopment tool and the economic impact that these credits have had in Missouri. Part III of this Comment will review the recommendations made by the Tax Credit Commission appointed by Missouri Governor Jay Nixon. Finally, in Part IV, this …
Missouri's Foggy Fog Line Law, Charity Whitney
Missouri's Foggy Fog Line Law, Charity Whitney
Missouri Law Review
When told that crossing the fog line is not sufficient grounds for a traffic stop in Missouri, most people will answer, "What is the fog line?" Though the term may be unfamiliar to many, anyone who drives would recognize the object to which it refers - the white or yellow line on the side of the road that indicates the end of the lane and the beginning of the shoulder. Fog lines have been the subject of much civil and criminal litigation in Missouri, at both the state and federal levels. Crossing a fog line is a traffic violation for …
Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell
Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell
Missouri Law Review
This Article focuses objectively on whether the decision to limit the application of the collateral source rule in Missouri is in accord with modem trends and whether Missouri courts' recent interpretation of section 490.715 is consistent with the legislature's original intent. Part 1I reviews the history of the collateral source doctrine and the justifications supporting its retention. In Part IlI, this Article outlines the Missouri legislature's decision to modify the rule and analyzes subsequent court decisions applying section 490.715. In response to the recent legislative and judicial activity, Part IV concludes that modification of the collateral source doctrine was warranted …
Challenge Of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives On The Effect Of Rule 17 On Civil Litigation In Missouri, The, Bobbi Mcadoo, Art Hinshaw
Challenge Of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives On The Effect Of Rule 17 On Civil Litigation In Missouri, The, Bobbi Mcadoo, Art Hinshaw
Missouri Law Review
In 1997 the Missouri Supreme Court revised its civil (non-family) ADR rule, Rule 17, to give individual judges the power to order cases to ADR. One of the primary reasons for the revision was to increase the use of what was seen as a worthwhile but underutilized rule. In an effort to evaluate the revised rule and its effects, the Missouri Supreme Court commissioned the Authors to conduct an extensive attorney survey to assess when and why lawyers choose to use ADR, especially mediation; what ADR has on the litigation process; and how and when judges get involved in choosing …