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Articles 1 - 30 of 3601
Full-Text Articles in Law
A Final Shot At Federal Felon Dispossession: Bruen, Heller’S Haven, And Non-Violent Felons, Keaton Campbell
A Final Shot At Federal Felon Dispossession: Bruen, Heller’S Haven, And Non-Violent Felons, Keaton Campbell
Missouri Law Review
Felons are not allowed to possess firearms—yet. New York State Rifle and Pistol Association v. Bruen is the Supreme Court’s most recent elaboration on the Second Amendment, and the Court enunciated a new constitutional test for firearms regulations. The Supreme Court disclaimed the means-end balancing approach developed by courts in the wake of D.C. v. Heller and replaced it with a test focusing only on the plain text of the Second Amendment and the Nation’s historical tradition of firearms regulation. 18 U.S.C. § 922(g)(1), the federal felon dispossession statute, fared well under means-end balancing in the decade after Heller. Although …
The House Of Cards Topples: Examining Appellate Jurisdiction For Transfers Of Venue In Federal Court, Mac Newton
The House Of Cards Topples: Examining Appellate Jurisdiction For Transfers Of Venue In Federal Court, Mac Newton
Missouri Law Review
Many a lunch table argument has been had about a battle between unlikely foes. Who would win: a gorilla or a grizzly bear? A great white shark or a crocodile? Opponents throw their support behind one animal or another and vigorously debate the matchup—“a grizzly bear might be bigger, but a gorilla has opposable thumbs and superior intelligence!” As thrilling and engaging as these debates may be, participants recognize their theoretical nature. Part of the fun is that the question “who would win?” is often unanswerable. The hypothetical combatants simply do not encounter one another in the wild, leaving the …
Balancing Discretion And Fairness: The Potential Pitfalls Of Allowing Judges Too Much Discretion In Sentencing, Kelly A. Mclaughlin
Balancing Discretion And Fairness: The Potential Pitfalls Of Allowing Judges Too Much Discretion In Sentencing, Kelly A. Mclaughlin
Missouri Law Review
Nearly eighty percent of individuals in federal prison for drug offenses are Black or Latino. The War on Drugs, a global campaign started by President Nixon, had an objectively moral goal: reducing the illegal drug trade in the United States. However, in reality, the results of the campaign sparked inequalities in sentencing regimes, which has led to a disproportionate incarceration of minority groups. Most notably, there was a 100-to-1 sentencing disparity between crimes involving crack cocaine (crack) and crimes involving powder cocaine. While this distinction historically claimed to address the theory that powder cocaine has more dangerous health effects; it …
Undermining Confidence In The Judgment: The Supreme Court Of Missouri’S Flawed Application Of Missouri’S Wrongful Conviction Statute, Salvatore Paris
Undermining Confidence In The Judgment: The Supreme Court Of Missouri’S Flawed Application Of Missouri’S Wrongful Conviction Statute, Salvatore Paris
Missouri Law Review
In recent decades, the problem of wrongful convictions has garnered much attention from both legal scholars and the public at large. However, one element of wrongful convictions that deserves more attention is the fact that it is remarkably difficult for a wrongfully convicted person to gain his or her freedom. The appeals and post-conviction process for freeing an innocent person is a tangled web of procedural complexities and technicalities. For wrongfully convicted capital defendants, the stress of the complex process compounds the cloud of impending execution hanging over the defendant’s head.
Getting Serious About Stakeholders, William O. Fisher
Getting Serious About Stakeholders, William O. Fisher
Missouri Law Review
Stakeholder enthusiasm grips public companies and asset managers. Sustainability reports abound, reflecting an appetite for detailed data on company efforts to reduce carbon emissions and water usage and to protect and diversify workforces—while investors still seek returns to finance college tuition and fund retirement. But commentators and those who control public companies fail to engage on fundamental questions: Which stakeholders count? To what degree will companies sacrifice shareholder return to benefit those stakeholders? What happens when the interests of differing sets of non-shareholder stakeholders differ? Is all the commotion really necessary, given the many laws and regulations protecting such stakeholders? …
Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson
Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson
Missouri Law Review
Artificial intelligence, including ChatGPT, is the latest tech trend to create opportunities to transform notice and comment rulemaking. If ChatGPT is only used by members of the public and organizations as a tool to draft comments, it may increase the involvement of the public in the process and assist them in drafting clear and intelligible comments. However, it is unlikely to improve the quality of public comments that they provide to agencies, because it will not help them understand the type of information that agencies are seeking in public comments. In addition, if ChatGPT is used to any significant extent …
Postconviction Remedies, Retroactivity, And Montgomery V. Louisiana’S Other New Rule, Taylor A.R. Meehan
Postconviction Remedies, Retroactivity, And Montgomery V. Louisiana’S Other New Rule, Taylor A.R. Meehan
Missouri Law Review
The U.S. Supreme Court has turned its attention back to the law of habeas corpus, with a string of new decisions that emphasize the limited scope of federal habeas relief. But focusing one’s sights on only those decisions would overlook what has transpired at the Supreme Court in recent years in state habeas cases coming directly to the Supreme Court from the state postconviction courts. Montgomery v. Louisiana, in particular, shifted the division of power between the Supreme Court and state postconviction courts for questions conventionally considered to be questions of state law. Montgomery, on the surface, is a decision …
When Push Comes To Shove: How Qualified Immunity Shuts The Door To Constitutional Claims Against Law Enforcement, Scott J. Bower
When Push Comes To Shove: How Qualified Immunity Shuts The Door To Constitutional Claims Against Law Enforcement, Scott J. Bower
Missouri Law Review
Sometimes lawyers get pushed around—both literally and figuratively. However, it is not every day that a Netflix camera crew might capture such an altercation on camera. While filming a Netflix documentary about the experiences of undocumented persons in the United States, Andrea Martinez found herself in a precarious situation that resulted in her suing two United States Immigration and Customs Enforcement agents for allegedly violating her Fourth Amendment rights. Plaintiffs like Martinez often struggle to overcome the strenuous legal doctrine of qualified immunity when filing suit against government officials. Several circuits across the country are clarifying legal guidelines and applying …
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Missouri Law Review
This article, which is based on a keynote address given at the 2023 Missouri Law Review Symposium, addresses the past and predicted future of defamation law in hopes of galvanizing needed reforms. As a necessary backdrop, this article explains why today’s defamation law remains so complex, tracks reforms over the last half century, and explains why the common law of defamation has not adapted adequately to the challenges posed by cheap speech in the digital era. The article then turns to assessing the complaints of defamation law’s most prominent would-be reformers and finds them to rest on an incomplete understanding …
The Filming Dilemma: The Potential Speech Cost Presented By Camera Coverage Of Defamation Cases, Alexandra M. Gutierrez
The Filming Dilemma: The Potential Speech Cost Presented By Camera Coverage Of Defamation Cases, Alexandra M. Gutierrez
Missouri Law Review
For the better part of the last century, journalists have used free press and free-speech principles to advocate for camera access to newsworthy trials. But it was not until 2022 that news organizations succeeded in broadcasting defamation proceedings, and—in the process—gave libel litigants a novel opportunity to present their stories both to jurors and to the public at large. Because news organizations are themselves frequent targets of defamation lawsuits, this development may not be a categorical good for the press. The filming of defamation proceedings could provide motivated litigants with one more incentive to sue real and perceived critics, insofar …
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Missouri Law Review
Social media and video-sharing sites have introduced the concept of “micro-celebrity,” a person who attains fame – rapidly, and potentially fleetingly – among a niche audience of internet users for doing something colorful. As with anyone who participates in the sometimes sharp-elbowed give-and-take of online discourse, these niche celebrities are increasingly being drawn into controversies that can result in litigation. For nearly 60 years, the Supreme Court’s Sullivan standard has afforded critics an extra measure of breathing space when they comment on the conduct of “public” personalities –people with outsized influence, and the ability to defend themselves effectively through counterspeech. …
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
Missouri Law Review
More than half of Americans get their news from social media. These spaces – social media platforms, video and audio recommender systems, social news and gossip boards – have their own fact-checking and editorial cultures that, although not the exact same as those found in newsrooms, offer similar controls for the distribution of information. While imperfect, just like the controls of traditional media, these fact-checking cultures may offer a response to recent US judicial rejection of actual malice and provide a route of inquiry for courts examining evidence to determine if a defamation plaintiff has met the heightened standard. This …
Revisiting Rosenbloom: Can A Return To The “Matter Of Public Concern” Standard In Defamation Cases Quiet Sullivan’S Skeptics?, Amy Kristin Sanders
Revisiting Rosenbloom: Can A Return To The “Matter Of Public Concern” Standard In Defamation Cases Quiet Sullivan’S Skeptics?, Amy Kristin Sanders
Missouri Law Review
As a vocal minority increasingly airs their displeasure with the actual malice rule the U.S. Supreme Court established in New York Times v. Sullivan, media defense attorneys find themselves searching for way to pushback against the possible erosion of a key First Amendment protection for free speech. This article calls for a reconsideration of the “matter of public concern” standard that a plurality of the Court promulgated in Rosenbloom v. Metromedia. The article outlines the chief concerns brought by those who wish to reconsider the requirement that public officials and public figures prove reckless disregard for the truth to recover …
A Duty To Impeach: Libel And Modern Liberalism After Dobbs, Matthew L. Schafer
A Duty To Impeach: Libel And Modern Liberalism After Dobbs, Matthew L. Schafer
Missouri Law Review
The conservative legal establishment is waging war on modern liberalism with Dobbs v. Jackson Women’s Health Organization marking its most recent victory. Against this backdrop, this Article contends that attacks from the right on New York Times Co. v. Sullivan—the Court’s defining First Amendment decision that places political speech at the center of free speech doctrine—are motivated not by bona fide doctrinal disagreements but rather the cynical belief that the specter of defamation liability unrestrained by Sullivan will silence political opponents and, in turn, hasten the end of modern liberalism. So while the battle over Sullivan may not have the …
Half Past Inexcusable: The Lanham Act Needs To Disassociate With The Doctrine Of Laches, Jared Gillen
Half Past Inexcusable: The Lanham Act Needs To Disassociate With The Doctrine Of Laches, Jared Gillen
Missouri Law Review
Who condones time’s ability to place such an incessant stranglehold on one’s emotions? Well, no one, but it is inevitable: time dictates every facet of life. For example, a brief glance at the clock elicits a myriad of potential responses. One possibility is anticipation: painstakingly watching the clock count down the hours, minutes, and seconds until the weekend. The feeling is excruciating. However, the instant the minute hand aligns with that pesky 12 provides an instantaneous, captivating sense of relief. There is no feeling like 5 PM. Conversely, no amount of begging or pleading with Father Time can change the …
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection, Kate Frerking
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection, Kate Frerking
Missouri Law Review
Tort reform has become a prominent and contested issue as legislatures around the country are seeking to reconsider and rewrite the rules of civil tort litigation. Missouri, like many other states, focuses its effort on legislative remedy limitations in the form of statutory caps on noneconomic damages—attractive targets for nationwide reform efforts. There is uncertainty as to whether, and to what extent, this reform measure implicates the constitutional right to trial by jury. The Missouri Supreme Court addressed this issue in Ordinola v. University Physician Associates, and it affirmed the statutory caps on noneconomic damages imposed by the Missouri General …
Let’S Not Talk About It: How Courts Apply Constitutional Avoidance And Qualified Immunity As A Shield For Law Enforcement Officers, Hanna M. Metzler
Let’S Not Talk About It: How Courts Apply Constitutional Avoidance And Qualified Immunity As A Shield For Law Enforcement Officers, Hanna M. Metzler
Missouri Law Review
On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (“SLMPD”) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement officers have garnered unfettered attention from activist movements across the country. Despite the force of movements like Black Lives Matter and Defund the Police, qualified immunity works to protect law enforcement officers against claims that may arise in their line of duty and consistently prevails …
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Missouri Law Review
The issues facing the national name, image, and likeness (“NIL”) debate came to a head on January 17, 2023. On that day, Jaden Rashada—the No. 27 rated high school football recruit in the country—decommitted from Florida when a $13 million NIL deal failed to materialize as promised. The story prompted questions about how schools handle NIL initiatives, the amounts of money thrown at collegiate athletes, and the business model at large for college athletics. It also reveals the challenges states face as they attempt to develop regulatory frameworks for NIL.