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Faculty List Jun 2017

Faculty List

Missouri Law Review

Table of Contents - Issue 3


Masthead Jun 2017

Masthead

Missouri Law Review

No abstract provided.


Copyright Jun 2017

Copyright

Missouri Law Review

No abstract provided.


Table Of Contents Jun 2017

Table Of Contents

Missouri Law Review

No abstract provided.


Symposium: Evaluating Nudge: A Decade Of Libertarian Paternalism: Foreward: From Gadfly To Nudge: The Genesis Of Libertarian Paternalism, Thomas A. Lambert Jun 2017

Symposium: Evaluating Nudge: A Decade Of Libertarian Paternalism: Foreward: From Gadfly To Nudge: The Genesis Of Libertarian Paternalism, Thomas A. Lambert

Missouri Law Review

Nearly a decade has passed since Richard H. Thaler and Cass R. Sunstein published Nudge: Improving Decisions About Health, Wealth, and Happiness (hereinafter, “Nudge”). The bestselling book drew popular attention to “libertarian paternalism,” a policy approach Thaler and Sunstein had previously proposed in their academic writing. Though somewhat controversial from the start, the notion of libertarian paternalism quickly gained traction among policymakers all over the world. Given Nudge’s success over the last decade in capturing the attention of policymakers and generating concrete policy proposals, it is worth pausing to assess how the libertarian paternalist project is faring. What is ...


Keynote: Forcing People To Choose Is Paternalistic, Cass R. Sunstein Jun 2017

Keynote: Forcing People To Choose Is Paternalistic, Cass R. Sunstein

Missouri Law Review

It can be paternalistic to force people to choose. Often people do not wish to choose, but both private and public institutions ask or force them to do so, thus overriding their wishes. As a result, people’s autonomy may be badly compromised and their welfare may be greatly reduced. These points have implications for a range of issues in law and policy, suggesting that those who favor active choosing, and insist on it, may well be overriding people’s preferences and values, and thus running afoul of John Stuart Mill’s Harm Principle (for better or for worse). People ...


Libertarian Quasi-Paternalism, Jacob Goldin Jun 2017

Libertarian Quasi-Paternalism, Jacob Goldin

Missouri Law Review

In many settings, people’s choices vary based on seemingly arbitrary features of the choice environment. Policies that manipulate these features to improve decision-makers’ well-being are paternalistic – unless one takes the unrealistic view that these features are relevant from the perspective of the choosers’ preferences. In such settings, I propose that policy design can be less paternalistic if the only people assumed to be making mistakes are those whose choices are observed to vary based on the arbitrary feature of the choice environment. I discuss several characteristics of such “quasi-paternalistic” policy design and conclude by applying the principle of quasi-paternalism ...


The Motivating Effects Of Temporal Landmarks: Evidence From The Field And Lab, Jonathan Lee, Hengchen Dai Jun 2017

The Motivating Effects Of Temporal Landmarks: Evidence From The Field And Lab, Jonathan Lee, Hengchen Dai

Missouri Law Review

People often set and strive for goals in their pursuit of a better self. For example, individuals may commit to health goals, such as eating less junk food or quitting smoking; others may set relationship goals, such as being more compassionate and attentive; and criminals may declare their intention to abstain from illegal behaviors. Despite their best intentions, however, individuals often find themselves committing undesirable actions in violation of their goals. Dieters may fail to resist temptation and eat a donut; spouses may fail to control their emotions and lash out at loved ones after a stressful work day; and ...


Libertarian Nudges, Gregory Mitchell Jun 2017

Libertarian Nudges, Gregory Mitchell

Missouri Law Review

We can properly call a number of nudges libertarian nudges, but the territory of libertarian nudging is smaller than is often realized. The domain of libertarian nudges is populated by choice-independent nudges, or nudges that only assist the decision process and do not push choosers toward any particular choice. Some choice-dependent nudges pose no great concern from a libertarian perspective for rational choosers so long as there is a low-cost way to avoid the nudger’s favored choice. However, choice-dependent nudges will interfere with the autonomy of irrational choosers, because the opt-out option will be meaningless for this group. Choice-independent ...


Once And Future Nudges, Arden Rowell Jun 2017

Once And Future Nudges, Arden Rowell

Missouri Law Review

The nudge – a form of behaviorally-informed regulation that attempts to account for people’s scarce cognitive resources – has been explosively successful at colonizing the regulatory state. This Essay argues that the remarkable success of nudges as a species creates new challenges and opportunities for individual nudges that did not exist ten years ago, when nudges were new. These changes follow from the new fact that nudges must now interact with other nudges. This creates opportunities for nudge versus nudge battles, where nudges compete with other nudges for the scarce resource of public cognition; and for nudge & nudge symbiosis, where nudges ...


Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer Jun 2017

Nudges For Health Policy: Effectiveness And Limitations, Victoria A. Shaffer

Missouri Law Review

One tool that our government can use to combat our healthcare challenges is the use of health policy in the form of programs, regulations, and agencies that are aimed at improving the overall health and welfare of Americans. Of the various approaches to shaping health policy, this paper will focus on the use of “nudges,” a behavioral strategy for shaping human behavior from the framework, Libertarian Paternalism. In this Article, a nudge is defined as any aspect of choice architecture or any method of structuring the choice environment that influences behavior in a predictable way, with the restriction that this ...


Utilizing Behavioral Insights (Without Romance): An Inquiry Into The Choice Architecture Of Public Decision-Making, Adam C. Smith Jun 2017

Utilizing Behavioral Insights (Without Romance): An Inquiry Into The Choice Architecture Of Public Decision-Making, Adam C. Smith

Missouri Law Review

Behavioral economics has been employed in a number of policy applications over the last decade. From energy requirements to tax compliance to consumer finance, policymakers are increasingly operating under the assumption that people consistently fail to make rational choices. While the benefit of this policy trend remains an open debate, behavioral economists have long neglected a complementary examination of public decision-makers themselves. Comparison of two public agencies influenced by behavioral economics, the U.S. Consumer Financial Protection Bureau and U.K. Behavioural Insights Team, demonstrates how different institutions create divergent policy outcomes across the two agencies in a way that ...


Immunity From Wrongful Death Liability: How Mickels Fails To Compensate, Kevin Buchanan Jun 2017

Immunity From Wrongful Death Liability: How Mickels Fails To Compensate, Kevin Buchanan

Missouri Law Review

Wrongful death statutes originated out of a need to compensate the family of a decedent “whose life was wrongfully taken.” Closely related to wrongful death statutes are survivorship statutes, which allow for the transmission of tort claims after the death of one or more of the parties. These statutes help address the once common maxim that it’s cheaper to kill a man than to maim him. Today, all fifty states have both wrongful death and survivorship statutes. In Mickels v. Danrad, the Supreme Court of Missouri declined to allow wrongful death claims where a defendant’s negligence accelerates the ...


Behavioral Economics Goes To Court: The Fundamental Flaws In The Behavioral Law & Economics Arguments Against No-Surcharge Laws, Todd J. Zywicki, Geoffrey A. Manne, Kristian Stout Jun 2017

Behavioral Economics Goes To Court: The Fundamental Flaws In The Behavioral Law & Economics Arguments Against No-Surcharge Laws, Todd J. Zywicki, Geoffrey A. Manne, Kristian Stout

Missouri Law Review

During the past decade, academics – predominantly scholars of behavioral law and economics – have increasingly turned to the claimed insights of behavioral economics in order to craft novel policy proposals in many fields, most significantly consumer credit regulation. Over the same period, these ideas have also gained traction with policymakers, resulting in a variety of legislative efforts, such as the creation of the Consumer Financial Protection Bureau. Most recently, the efforts of behavioral law and economics scholars have been directed toward challenging a number of state laws that regulate retailers’ use of surcharge fees for consumer credit card payments. In part ...


Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai Jun 2017

Banning The Box In Missouri: A Statewide Step In The Right Direction, Jessica Chinnadurai

Missouri Law Review

Missouri, like many other states, has evaluated and decided to address employment discrimination that occurs as a result of requiring people with a criminal history to disclose that information during the initial phases of the hiring process. Efforts to eliminate bias have been seen through the “Ban the Box” movement. The movement generally advocates removing the box applicants check if they have a criminal history, opting instead to delay this question for later in the employment process. This Note analyzes the advantages and disadvantages of adopting this legislation and evaluates whether doing so leads to a lower risk of employment ...


Embry-Uh-Oh: An Alternative Approach To Frozen Embryo Disputes, Anna El-Zein Jun 2017

Embry-Uh-Oh: An Alternative Approach To Frozen Embryo Disputes, Anna El-Zein

Missouri Law Review

This Note addresses the general background of domestic and international case law and legislation surrounding embryonic disputes. It then examines recent case law developments; specifically, it discusses the only existing frozen embryo dispute in Missouri. Finally, we offer a suggested approach for courts to use when addressing these increasingly complex cases.


Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris Jun 2017

Check Yes For Checkpoints: Suspicionless Stops And Ramifications For Missouri Motorists, Conner Harris

Missouri Law Review

One of the great advantages of living in a free society is the enjoyment of general privacy and freedom from unwarranted interference in one’s personal affairs. This advantage benefits citizens in both their private and public interactions. For example, it is expected one could drive to the store across town, the mall in a neighboring city, or somewhere on the other side of the country uninterrupted and unhindered. The Fourth Amendment to the United States Constitution codifies this privacy expectation as a right to be enjoyed by all within its reach. Specifically, the Fourth Amendment protects against “unreasonable searches ...


Is The Missouri Sales Tax Being Eroded? Examining A Conflict Among The Executive, Legislative, And Judicial Branches In Missouri, Courtney Lock Jun 2017

Is The Missouri Sales Tax Being Eroded? Examining A Conflict Among The Executive, Legislative, And Judicial Branches In Missouri, Courtney Lock

Missouri Law Review

This Note examines the Supreme Court of Missouri’s holding in Miss Dianna’s School of Dance, Inc. v. Director of Revenue, ascertains the holding’s scope in light of recent statutory amendments, and explores whether Missouri sales tax is at a precipice going forward. Part II discusses the facts and holding of Miss Dianna’s School of Dance. Part III explores the Supreme Court of Missouri’s fluctuating interpretations of the statute. Part IV provides an indepth analysis of the Supreme Court of Missouri’s reasoning in Miss Dianna’s School of Dance and its relevance to the interpretation ...


Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer Jun 2017

Are We All In This Together? Enforcing Class Arbitration Waivers, Ariel M. Kiefer

Missouri Law Review

Mandatory class arbitration waivers are increasingly common in employment agreements. It is estimated that forty-three percent of companies have mandatory class arbitration waivers. Employees sign them because they either do not believe they will ever have a major problem with their employer, they believe arbitration is a cheaper and faster method of dispute resolution, or they simply do not read or understand the clause. This Note discusses the facts surrounding the Eighth Circuit’s decision in Cellular Sales of Missouri to uphold a class arbitration waiver. It analyzes the approach other federal circuit courts have taken in upholding and striking ...


Masthead Apr 2017

Masthead

Missouri Law Review

No abstract provided.


Police-Worn Body Cameras: An Antidote To The “Ferguson Effect”?, Alberto R. Gonzales, Donald Q. Cochran Apr 2017

Police-Worn Body Cameras: An Antidote To The “Ferguson Effect”?, Alberto R. Gonzales, Donald Q. Cochran

Missouri Law Review

No abstract provided.


An Empirical Reexamination Of State Statutory Compensation For The Wrongly Convicted, Jeffrey S. Gutman Apr 2017

An Empirical Reexamination Of State Statutory Compensation For The Wrongly Convicted, Jeffrey S. Gutman

Missouri Law Review

No abstract provided.


Faculty List Apr 2017

Faculty List

Missouri Law Review

No abstract provided.


Copyright Apr 2017

Copyright

Missouri Law Review

No abstract provided.


Never Settle For Second Best? Cy Pres Distributions In Securities Class Action Settlements, Brianna S. Hills Apr 2017

Never Settle For Second Best? Cy Pres Distributions In Securities Class Action Settlements, Brianna S. Hills

Missouri Law Review

No abstract provided.


Table Of Contents Apr 2017

Table Of Contents

Missouri Law Review

No abstract provided.


Check The Invitation: The Trouble With Appeals Invited By Supreme Court Justices, Michael Gentithes Apr 2017

Check The Invitation: The Trouble With Appeals Invited By Supreme Court Justices, Michael Gentithes

Missouri Law Review

No abstract provided.


It’S Probable: Missouri Constitution Article I, Section 15 Requires A Higher Standard To Obtain A Warrant For Real-Time Or Prospective Csli, Aaron Hadlow Apr 2017

It’S Probable: Missouri Constitution Article I, Section 15 Requires A Higher Standard To Obtain A Warrant For Real-Time Or Prospective Csli, Aaron Hadlow

Missouri Law Review

No abstract provided.


Resuscitating The Non-Delegation Doctrine: A Compromise And An Experiment, A. J. Kritkos Apr 2017

Resuscitating The Non-Delegation Doctrine: A Compromise And An Experiment, A. J. Kritkos

Missouri Law Review

No abstract provided.


Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer Apr 2017

Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer

Missouri Law Review

No abstract provided.