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Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky
Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky
Missouri Law Review
As a professor of Media Law, I have devoted my career over the past quarter of a century to the idea that the press plays a special role in our democracy. That role is largely encapsulated by the concept of the press as Fourth Estate – an unofficial branch of government in our scheme of separation of powers that checks the power of the three official branches. In our constitutional scheme, the press is the watchdog that informs us what the legislative, executive, and judicial branches of government are up to and continually replenishes the stock of news – real …
Can You Have Too Much Of A Good Thing?: The Modern Marketplace Of Ideas, Rachael L. Jones
Can You Have Too Much Of A Good Thing?: The Modern Marketplace Of Ideas, Rachael L. Jones
Missouri Law Review
This Article argues that though the state of the marketplace looks grim, it is not dead yet. Rather, we have entered an era in which the role of the marketplace is shifting. Instead of representing the proverbial promised land of truth and expression, the marketplace is serving an important role in the pursuit of democratic self-governance. From private media companies offering fact-checking services to combat false news to teenagers using social media to call citizens to action on gun reform, the marketplace appears to be adapting. But it remains to be seen whether the marketplace can continue to best serve …
A “Holding Company Exception” To Hertz?, Lauren Vincent
A “Holding Company Exception” To Hertz?, Lauren Vincent
Missouri Law Review
After the Supreme Court of the United States announced in Hertz Corp. v. Friend that a corporation’s principal place of business is its “nerve center” – i.e., its “center of direction, control, and coordination” – the complexity associated with determining a corporation’s principal place of business seemed to be a thing of the past. Although the Hertz decision brought substantial clarity to the issue of corporate diversity jurisdiction, its one-size-fits-all test for determining principal place of business has proven less than straightforward when applied to modern corporate structures – notably, holding companies. This Note addresses one perplexing problem that Hertz’s …
The Press And The Expectation Of Executive Counterspeech, Ronnell Andersen Jones
The Press And The Expectation Of Executive Counterspeech, Ronnell Andersen Jones
Missouri Law Review
This Article explores the wider constitutional and democratic consequences of a president’s refusal to engage in counterspeech on matters of public concern. It argues that both fundamental principles of First Amendment theory and watershed cases from the United States Supreme Court presuppose a constitutional system of dialogue between the press and the executive in which the president offers verifiable, supported, fact-based counterspeech to press coverage with which he disagrees. Part II of this Article describes how marketplace-of-ideas, self-governance, and checking-function principles—although more often invoked to protect private speech from governmental restriction—also manifest a longstanding assumption of executive counterspeech. It explores …
Examining The Impact Of In Re Brunetti On § 2(A) Of The Lanham Act, Alex Weidner
Examining The Impact Of In Re Brunetti On § 2(A) Of The Lanham Act, Alex Weidner
Missouri Law Review
For § 2(a)of the Lanham Act, 2017 proved to be a devastating year. Not only did the Matal v. Tam decision strike down the disparagement provision, it served as a springboard for In re Brunetti to invalidate the bar against immoral and scandalous marks later that year. This Note examines whether the majority correctly invalidated the immoral-scandalous provision, argues that it did not, and analyzes the likelihood the remaining two provisions in the Lanham Act will be struck down by another First Amendment challenge. Part II summarizes the facts and holding of In re Brunetti. Part III provides an overview …
Technology Or Privacy: Should You Really Have To Choose Only One?, Callie Haslag
Technology Or Privacy: Should You Really Have To Choose Only One?, Callie Haslag
Missouri Law Review
Today’s society has both the blessing and the curse of having access to a vast range of technologies. A person can be diagnosed by doctors while video-chatting from his or her own home, communicate with someone located on the other side of the world instantaneously, or monitor his or her home through enhanced security systems. It is even possible to give simple commands, like “Turn on the lights” or “Play my favorite song,” and a home assistant device, such as the Amazon Echo, will complete the given task. While these technologies offer many blessings, there are potential downsides that accompany …
Dynamex Is Dynamite, But Epic Systems Is Its Foil – Chamber Of Commerce: The Sleeper In The Trilogy, William B. Gould Iv
Dynamex Is Dynamite, But Epic Systems Is Its Foil – Chamber Of Commerce: The Sleeper In The Trilogy, William B. Gould Iv
Missouri Law Review
This Article examines the concept of the independent contractor classification – a characterization at issue in early litigation involving the question of whether particular workers are employees or independent contractors. It describes the early cases arising in transportation, including over-the-road trucking, the taxi-cab industry, and package delivery companies like Federal Express (“FedEx”). The Article takes the position that the concept of flexibility, frequently used by employers to classify or reclassify employees as independent contractors, is a false justification for determining that employees are independent contractors. It also takes the position that engaging in part-time work for numerous employers is consistent …
Plight Of The Public Defender: Excessive Caseload As A Non-Mitigating Factor In Sanctions For Ethical Violations, Taylor Payne
Plight Of The Public Defender: Excessive Caseload As A Non-Mitigating Factor In Sanctions For Ethical Violations, Taylor Payne
Missouri Law Review
This Note discusses the thought-provoking ruling in In re Karl William Hinkebein and its implications for public defenders in Missouri. Part II of this Note details the facts and holding of the case. Part III of this Note gives a brief history of the Missouri State Public Defender System (“MSPD”), highlighting its current shortcomings and challenges. Part III then discusses the influential ethics opinion issued by the American Bar Association (“ABA”) and the ABA Standards for Imposing Lawyer Sanctions (“ABA Standards”). Part IV of this Note analyzes the decision of the Supreme Court of Missouri to sanction Karl Hinkebein. Part …
A Sign To Many No More: Supreme Court Of Missouri Casts Away Church’S Sign Variance, Matthew Neuman
A Sign To Many No More: Supreme Court Of Missouri Casts Away Church’S Sign Variance, Matthew Neuman
Missouri Law Review
Depending on the context in which they are encountered, the consequences of land use zoning may be viewed either as a saving grace – preserving or prospectively safeguarding the locality to similar compatible uses – or as an obstacle to overcome – hindering the development potential or use of a piece of land. Although the level of concern may vary based upon the zoning district, homeowners in residential neighborhoods have a right to be particularly sensitive to adjacent land use. Part II of this Note explores the facts of Antioch Community Church v. Board of Zoning Adjustment of City of …
Presidential Attacks On The Press, Sonja R. West
Presidential Attacks On The Press, Sonja R. West
Missouri Law Review
The goals of this short Article are modest. It seeks simply to differentiate the various ways Trump has attacked the press, to emphasize that we should not view them all through the same constitutional lens, and to bring attention to the most serious type of offense. In Part I, I divide the kinds of attacks into three categories of increasing seriousness. I discuss a number of examples in which Trump has used insults, generalized threats, denials of benefits, and government power to punish the press for coverage he dislikes. Then, in Part II, I analyze each type of attack under …
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Missouri Law Review
Most people likely do not give a second thought to the manner in which utilities reach their homes. Water, gas, electricity, cable, and internet service must all make their way from source to faucet, stove, light fixture, television, and entertainment device. A complex infrastructure system exists both below ground in pipes and conduits and above ground on utility poles. In cities, utility poles within generic utility easements are often adorned with a multitude of wires – of varying dimensions, levels, types, and ownership – constantly delivering electricity and information. At the core of this delivery system is the inconvenient fact …
Reasonable Minds May Differ: The Application Of Miller And Graham To Consecutive Sentences For Juvenile Offenders In Missouri, Shawna C. Quast
Reasonable Minds May Differ: The Application Of Miller And Graham To Consecutive Sentences For Juvenile Offenders In Missouri, Shawna C. Quast
Missouri Law Review
Ledale Nathan was convicted of second-degree murder and a series of nonhomicide offenses stemming from a home invasion he committed at the age of sixteen. The St. Louis Circuit Court sentenced Nathan at a time when Eighth Amendment jurisprudence regarding juvenile sentencing was in flux. The United States Supreme Court decided two cases that restricted the way courts sentence juvenile offenders: Graham v. Florida and Miller v. Alabama. Graham held that juvenile offenders who had not committed homicide offenses could not be sentenced to life without parole (“LWOP”), while Miller held that LWOP could not be a mandatory sentence for …
Implementing Online Dispute Resolution In Mo Healthnet Appeals: Increasing Access To Remedies While Decreasing State Spending, Jane Rose
Missouri Law Review
The distress associated with filing a civil lawsuit can leave an individual with a range of emotions, including despondency, humiliation, frustration, loss of self-confidence, and anxiety. Generally, an individual will only file suit if they suffer a serious harm. Subsequently, the individual must relive the injury at each step of the litigation. Repeatedly revisiting the injury disrupts the individual’s life and often leaves them feeling isolated and helpless. Now, picture an individual having to go through the entire process without the guidance of a lawyer, which is called pro se representation. This only adds to the individual’s stress levels. Representing …
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Missouri Law Review
Subject to few exceptions, Eleventh Amendment sovereign immunity prevents states from being hailed into federal court. Within the context of patent law, where all suits must be brought in federal court, states, including state entities, entitled to sovereign immunity cannot ordinarily be sued for infringement. In the instant case, Covidien LP (“Covidien”) attempted to circumvent the immunity by filing an administrative challenge to Florida’s patents rather than an in-court challenge. However, rather than hearing the challenge, the Patent Trial and Appeal Board Panel (the “panel”) dismissed the petition after holding that sovereign immunity also applies to immunize state actors from …
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
Missouri Law Review
Soccer encourages and demands one action that puts the head in consistent danger: heading the ball. Thirty percent (30%) of concussions in soccer occur when two players attempt to head the ball at the same time, resulting in head clashes or heads colliding with other body parts or the ground. The desired outcome of an attempted header – head to ball impact – causes untold damage as well. This Article, therefore, argues that soccer’s governing bodies should eliminate the practice of heading from the game. Do-ing so would protect generations of soccer players to come and would limit potentially wide-spread …
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Missouri Law Review
This is a watershed moment for public awareness of sexual harassment. In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions. The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. …
American Greed: The Eleventh Circuit Analyzes Whether Booze, Babes, And Business Can Tightrope The Line Between Fraud And Deceit, Raymond Lee
Missouri Law Review
South Beach, Miami, is renowned for its beautiful beaches, bikini-clad women, and incredible wealth. Such an environment is ripe for opportunistic businessmen who are anxious to make an easy buck. Enter Albert Takhalov, Isaac Feldman, and Stanislav Pavlenko (the “Defendants”), three Russian immigrants who built a business model aimed precisely at taking advantage of the unique opportunities that South Beach has to offer. By combining seductive women with tourism and alcohol, their profits quickly began to soar. There was only one problem. The crux of their plan involved misleading their patrons. While schemes to profit from unsuspecting customers are hardly …
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
Missouri Law Review
The Americans with Disabilities Act (“ADA”) was implemented in 1990 and is hailed as a pivotal piece of legislation that protects the civil rights of individuals with disabilities. Driven by the prejudice of certain influential legislators, transgender individuals were purposefully excluded from the ADA’s protection. This exclusion – commonly referred to as the “GID Exclusion” – ensured that “transsexualism” and “gender identity disorders not resulting from physical impairments” were not considered a “disability” under the ADA. The GID Exclusion effectively produced a categorical bar for transgender plaintiffs seeking legal recourse under the ADA despite the fact that many transgender individuals …
A Will For Willa Cather, Thomas E. Simmons
A Will For Willa Cather, Thomas E. Simmons
Missouri Law Review
Consider a songwriter who wants to ban the use of her music in advertisements or an author intent on eliminating the possibility that her novel will be optioned to a filmmaker. The law frowns upon these sorts of alienability limitations and use constraints. Property – including intellectual property – comes with an assorted bundle of use and alienability rights. The law detests unreasonable restraints on alienability. Courts have deterred owners from placing use limitations on property that bind future owners. Restraints on alienation are said to be repugnant, as are future interests that vest too remotely. The dead hand is …
An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa
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 value …