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Full-Text Articles in Law

Remorse Bias, M. Eve Hanan May 2018

Remorse Bias, M. Eve Hanan

Missouri Law Review

It is an article that addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants’ displays of remorse and how we can lessen the effects of that bias. This article focuses exclusively on the relationship between racial bias against African Americans – primarily men – and remorse assessment. Much more can and should be said about how implicit biases relating to gender, class, and other social groupings might affect judges when they assess defendant remorse. While taking a multi-dimensional approach to the intersections of race, gender, class, and other variables yields important insights, this article focuses on ...


An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa May 2018

An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa

Missouri Law Review

We studied five years of data on patents listed and sold in the quasi-public “brokered” market. Our data covers almost 39,000 assets, an estimated eighty percent of all patents and applications offered for sale by patent brokers between 2012 and 2016. We provide statistics on the size and composition of the brokered market, including the types of buyers and sellers who participate in the market, the types of patents listed and sold on the market, and how market conditions have changed over time. We conclude with an analysis of what our data can tell us about how to accurately ...


Masthead May 2018

Masthead

Missouri Law Review

No abstract provided.


Copyright May 2018

Copyright

Missouri Law Review

No abstract provided.


Table Of Contents May 2018

Table Of Contents

Missouri Law Review

No abstract provided.


"Dangerous Instruments": A Case Study In Overcriminalization, Chad Flanders, Desiree Austin-Holliday May 2018

"Dangerous Instruments": A Case Study In Overcriminalization, Chad Flanders, Desiree Austin-Holliday

Missouri Law Review

Many states – including Missouri – have provisions that provide greater punishment for some felonies that are committed with, or by the use of, a “deadly weapon” or “dangerous instrument.” The definition of “deadly weapon” tends to be pretty straightforward, usually a list that includes several specific items that just are deadly weapons, such as guns and knives. “Dangerous instrument” is deliberately left as a broader, more capacious term – defined not in terms of a list of instruments but in terms of those things that could be easily or “readily” used to cause serious physical injury or death. But precisely because of ...


Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim May 2018

Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim

Missouri Law Review

This Note argues that the Eighth Circuit’s holding creates uncertainty for both employers and employees. When deciding whether an employer has failed to engage in the interactive process, the Eighth Circuit should look to whether the employee clearly requested a need for an accommodation, rather than examining the totality of knowledge the employer had on hand. Requiring employees to clearly request an accommodation puts employers on notice and thus helps employers better help employees with disabilities. Part II of this Note provides the facts and holding of Kowitz. Part III examines the legal background surrounding Kowitz. Part IV reviews ...


Into The Final Frontier: The Expanse Of Space Commercialization, Rachel Mitchell May 2018

Into The Final Frontier: The Expanse Of Space Commercialization, Rachel Mitchell

Missouri Law Review

This Note explores the emerging commercialization of space and the legal questions that arise as companies seek to further exploit the space economy. Whether or not new laws passed in the United States and in Luxembourg that purport to give ownership rights to companies that harvest space materials comply with the Outer Space Treaty is disputed. Furthermore, the international space regime may not be equipped to govern a new age in space. This Note advocates that space mining should be legalized but finds that space law in its current form is inadequate to effectively regulate space mining and other emerging ...


Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan May 2018

Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan

Missouri Law Review

This Note argues that the Ninth Circuit erred in holding that the Federal Foreclosure Bar requires the Agency’s consent and that, even if it does require Agency consent, the Agency has not already impliedly consented. This Note also discusses the policy implications of the Berezovsky decision and of requiring the Agency’s consent before associations can foreclose. The Federal Foreclosure Bar completely undercuts the balance that priority lien laws created between lenders and associations, and it effec-tively prevents associations from enforcing their rights.


Faculty List May 2018

Faculty List

Missouri Law Review

No abstract provided.


Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel May 2018

Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel

Missouri Law Review

This Note discusses the 2018 Supreme Court of Missouri decision of Bowers v. Bowers, which awarded full custody of a child to her stepfather. The facts in Bowers are discussed in Part II. Part III analyzes the Missouri Uniform Parentage Act and the approaches the Supreme Court of Missouri and Missouri appellate courts have taken when a child’s non-biological parent seeks full custody. Part IV explains the Supreme Court of Missouri’s rationale in granting full custody to the stepfather through a motion for third party custody and the dissent’s disagreement. Finally, Part V discusses why the Bowers ...


Disregarding Statutory Safeguards: The Supreme Court Of Missouri's Failure To Recognize Manifest Injustice In Predatory Sexual Offender Determinations, Lauren Vincent May 2018

Disregarding Statutory Safeguards: The Supreme Court Of Missouri's Failure To Recognize Manifest Injustice In Predatory Sexual Offender Determinations, Lauren Vincent

Missouri Law Review

This Note scrutinizes the way in which the Supreme Court of Missouri resolved the issue of whether the predatory sexual offender statute, section 566.125.5(3), is constitutional when applied to currently charged acts in light of the procedural mandates for sentence enhancement provided in section 558.021.2. This Note argues the Supreme Court of Missouri erred in its interpretation of the statutory language provided in section 566.125.5(3) and in its application of Alleyne precedent. This Note further argues the Supreme Court of Missouri failed to recognize the manifest injustice that resulted when the trial ...


Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen May 2018

Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen

Missouri Law Review

Currently, in Missouri, if you are an alleged criminal offender unable to afford bail, sitting in county jail waiting for trial, you may be racking up a bill worth thousands of dollars for your “care.” State prosecutors and judges have the discretion to impose this bill upon you, and if you are unable to pay this bill for any reason, then the true cost may well be the incalculable expense of your freedom. The Supreme Court of Missouri recently considered a case that followed this pattern and ultimately released a man who spent three years in state prison for failure ...


When Cheating Is Good And Cooperation Is Bad: Conspiracies And The Continuing Violations Doctrine Under The Sherman Act, Brianna S. Hills Jan 2018

When Cheating Is Good And Cooperation Is Bad: Conspiracies And The Continuing Violations Doctrine Under The Sherman Act, Brianna S. Hills

Missouri Law Review

No abstract provided.


Missouri Shows The True Meaning Of The “Show-Me” State – Missouri’S Unfounded Hesitation To Enact A Prescription Drug Monitoring Program, Emma Masse Jan 2018

Missouri Shows The True Meaning Of The “Show-Me” State – Missouri’S Unfounded Hesitation To Enact A Prescription Drug Monitoring Program, Emma Masse

Missouri Law Review

No abstract provided.


Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer Jan 2018

Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer

Missouri Law Review

No abstract provided.


Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky Jan 2018

Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky

Missouri Law Review

No abstract provided.


The Drug Innovation Paradox, Erika Lietzan Jan 2018

The Drug Innovation Paradox, Erika Lietzan

Missouri Law Review

No abstract provided.


Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane Jan 2018

Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane

Missouri Law Review

No abstract provided.


Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan Jan 2018

Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan

Missouri Law Review

No abstract provided.


More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman Jan 2018

More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman

Missouri Law Review

No abstract provided.


Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow Jan 2018

Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow

Missouri Law Review

No abstract provided.


Faculty List Jan 2018

Faculty List

Missouri Law Review

No abstract provided.


Masthead Jan 2018

Masthead

Missouri Law Review

No abstract provided.


Copyright Jan 2018

Copyright

Missouri Law Review

No abstract provided.


Table Of Contents Jan 2018

Table Of Contents

Missouri Law Review

No abstract provided.


Table Of Contents Nov 2017

Table Of Contents

Missouri Law Review

No abstract provided.


Copyright Nov 2017

Copyright

Missouri Law Review

No abstract provided.


The Hacking Of Employment Law, Charlotte S. Alexander, Elizabeth Tippett Nov 2017

The Hacking Of Employment Law, Charlotte S. Alexander, Elizabeth Tippett

Missouri Law Review

No abstract provided.


"Make Him An Offer He Can't Refuse" - Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller Nov 2017

"Make Him An Offer He Can't Refuse" - Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller

Missouri Law Review

No abstract provided.