Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Missouri Law Review
This Note discusses the legal doctrine of personal jurisdiction over out of-state parties in Missouri and how the instant case fits within that regime. It also offers guidance for out-of-state parties conducting business in Missouri, as well as Missouri parties dealing with out-of-state corporations, suggesting ways in which businesses can structure their arrangements to ensure specific forums should litigation become necessary.
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Missouri Law Review
Part II gives a brief background of the facts and circumstances surrounding the Hart decision. Part III discusses the history of the Eighth Amendment and explores the U.S. Supreme Court’s trend toward leniency in the imposition of punishments, culminating with a discussion of the Miller decision. Part IV delves into the Supreme Court of Missouri’s reasoning behind its decision in Hart and the temporary sentencing procedures the court provided. Finally, Part V comments on the many problems currently facing Missouri’s criminal justice system since the implementation of the Miller decision and the actions that will be required by the legislature …
Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard
Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard
Missouri Law Review
This Note first discusses the Breitenfeld decision and then explores the prior cases and legislation leading up to the Breitenfeld decision. In discussing Breitenfeld, this Note describes how the transfer law will affect transferred students, unaccredited districts forced to pay tuition, accredited districts forced to accept transfer students, and the public school accreditation system in Missouri. Finally, this Note proposes that because the adverse consequences outweigh the benefits of the law, action must be taken so that unaccredited school districts can have a fighting chance to become accredited again. Legislative change is necessary because a solution is not forthcoming from …
Two Tests Of Severance: Procedural And Substantive Constitutional Violations And The Legislative Process In Missouri, Jonathon Whitfield
Two Tests Of Severance: Procedural And Substantive Constitutional Violations And The Legislative Process In Missouri, Jonathon Whitfield
Missouri Law Review
This Note argues that severance is justified in two situations. First, severance is justified where authorized by the legislature. Alternatively, severance is justified when innocent third parties rely on the passage and implementation of a law in good faith, and invalidation of the law would have collateral effects that outweigh the need to ensure consistent legislative practice. Part II of this Note analyzes the facts and holding of Missouri Roundtable. Part III explores the development of severance as a remedy for procedural constitutional violations, particularly in the context of the single-subject rule. Part IV examines the court’s rationale in Missouri …
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri Law Review
Education and education reform are often at the forefront of the public consciousness. Currently, three large public school systems in Missouri are at a crossroads: Kansas City Public Schools, which became unaccredited in 2012; the Normandy and Riverview Gardens School Districts of St. Louis, which were re-classified as unaccredited in 2013; and St. Louis Public Schools, whose provisional accreditation was in question after 2013 test results. The education systems in Missouri’s two largest cities, the lifeblood of the state, are in varying states of accreditation, and a looming question, with recent cases such as Breitenfeld v. School District of Clayton, …
Missouri Court Limits The Reach Of The Pollution Exclusion, Kelly Gorman
Missouri Court Limits The Reach Of The Pollution Exclusion, Kelly Gorman
Missouri Law Review
This Note explains the conflicting viewpoints presented in Wyatt and how the court reached its conclusion that the pollution exclusion clause does not encompass non-traditional pollutants. Part II of this Note describes the facts of Wyatt and the particular position of each party. In Part III, this Note examines the history behind pollution exclusion language and the various forces that shaped its evolution. Part IV then considers how other jurisdictions have dealt with pollution exclusion clauses and what legal theories or principles shaped their decisions. Finally, Part V argues that the Court of Appeals’ rejection of a more broad “pollution …
Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst
Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst
Missouri Law Review
This Summary examines how this inconsistency of law came to be, the public policy arguments for and against protecting spouses from being required to sign guaranties, and the potential actions which could be taken to resolve the issue. First, this Summary will examine the legal background of the ECOA and Reg. B as well as the paradigm that developed under the assumption that Reg. B was valid law. The Summary will then turn to the recent diverging cases dealing with the regulation’s validity in chronological order, starting with the federal cases that called the law’s validity into question, then moving …
Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland
Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland
Missouri Law Review
Considering prior cases where Missouri courts have applied the doctrine of substantial overbreadth, however, State v. Vaughn may represent a significant step towards a more well-defined and consistent approach to the doctrine. Even though Vaughn does not clearly resolve all of the inconsistencies in Missouri's application of the overbreadth doctrine, it represents a necessary and important development in the way the doctrine is applied by Missouri courts.
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 …