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Articles 31 - 60 of 3601
Full-Text Articles in Law
Achieving The Achievable: Realistic Labor Law Reform, Leonard Bierman, Rafael Gely, William B. Gould Iv
Achieving The Achievable: Realistic Labor Law Reform, Leonard Bierman, Rafael Gely, William B. Gould Iv
Missouri Law Review
A common reprise among labor activists and scholars has been that for the fortunes of labor to change, the law must change. Prompted perhaps by a seeming surge in labor movement activity over the past few years, including headline-grabbing strikes and recent union victories at several U.S. Starbucks locations, various labor law activists and scholars have called to seize the moment and proposed the enactment of comprehensive labor law reform. We argue in this Article that broad-scale labor law reform is unlikely to be enacted by the current U.S. Congress or even have all its provisions pass muster when potentially …
The Applicability Of Intergovernmental Immunity Doctrine To Second Amendment Sanctuary Laws, Dominic Biffignani
The Applicability Of Intergovernmental Immunity Doctrine To Second Amendment Sanctuary Laws, Dominic Biffignani
Missouri Law Review
To what extent can states enact legislation that frustrates federal regulation of firearms—in an effort to maximize protections of the Second Amendment and related state constitutional provisions—without running afoul of the Supremacy Clause? The answer to that question lies within the intergovernmental immunity doctrine, a virtually obscure legal doctrine with origins in the Supremacy Clause and Chief Justice John Marshall’s famous opinion in McCulloch v. Maryland. For many years, the United States Supreme Court was reluctant to clarify the contours of intergovernmental immunity. This did not stop the federal government from asserting the doctrine in various actions to strike down …
The Duality Of Variance Among Esg Assessments, Sung Eun (Summer) Kim
The Duality Of Variance Among Esg Assessments, Sung Eun (Summer) Kim
Missouri Law Review
As more attention is given to environmental, social, and governance (“ESG”) considerations of firms, ESG data and ratings providers are serving an increasingly important function in the corporate discourse. It is reported that there were more than 160 ESG data and ratings providers in 2020, and more than 600 ESG ratings and rankings products available globally as of 2018. Even as the ESG provider and product markets have grown exponentially, however, the lack of ESG data has been cited as an impediment to a broader embrace of the ESG movement. One source of this perception of inadequacy originates from the …
Book Review: For Labor To Build Upon: Wars, Depression And Pandemic, William B. Gould Iv, Cambridge University Press, 2022, Joe Lindsay
Missouri Law Review
Despite truly noteworthy workplace organizing and strikes across the country—from Amazon, Starbucks, Peet’s Coffee, and now Trader Joe’s to the nascent movements in the heart of the tech sector—union membership is not keeping pace with the growing workforce. Recent data from the Bureau of Labor Statistics shows that the “share of US workers belonging to labor unions hit a historic low last year.” What’s up? This is the question William Gould addresses in his latest book, For Labor to Build Upon: Wars, Depression and Pandemic. Gould traces how the U.S. labor movement got to where it is today and proposes …
Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson
Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson
Missouri Law Review
Many scholars and courts have written about the historical background of the Second Amendment, either to emphasize its connection to state level citizen militias or to argue that the Amendment protects an individual right to own and carry guns for self-defense. While many authors have mentioned the original congressional debates about the Second Amendment, the literature is missing a thorough, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. This Article attempts to fill this gap by providing …
Sunnier Days Ahead? Missouri’S Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Sunnier Days Ahead? Missouri’S Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Missouri Law Review
Many are aware of the inherent power that a constitution holds. Whether it be the timeless federal document signed in 1787, or a state constitution adopted decades later, a “constitution” in the United States comes with an authoritative voice that instructs the very principles and values the government has long established. Constitutions, by nature, stand the test of time; they create guidelines, structure, and, above all, a sense of justice that lies in the backdrop of every legal argument presented and every court decision rendered.
Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan
Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan
Missouri Law Review
Like any other hardy administrative law article, this Note starts with Chevron. In 1984, the Supreme Court decided the landmark case, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. There, the Court said it will defer to an agency’s interpretation of a statute if that interpretation is reasonable. However, because some on the Court saw Chevron deference as “wrest[ing] from [c]ourts the ultimate interpretive authority to ‘say what the law is’ and hand[ing] it over to the Executive,” exceptions to Chevron deference have appeared like worms after a storm.
“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman
“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman
Missouri Law Review
The Office of Fair Housing and Equal Opportunity (“FHEO”) has a duty to investigate sex-based discrimination in housing. In accordance with recent Supreme Court precedent—which held that Title VII’s prohibition on “sex” discrimination necessarily includes discrimination on the basis of gender identity and sexual orientation—FHEO broadened its definition of sex-based discrimination in an internal memorandum published February 11, 2021. This memorandum directed officers to investigate discrimination in housing based on gender identity and sexual orientation. The change unnerved a private Christian college, College of the Ozarks, located in Missouri. Fearing that this internal memorandum threatened its ability to place students …
Fishy Class Certification: A Packaged Tuna Antitrust Case And A Shift In Class Certification Standards, Mac Newton
Fishy Class Certification: A Packaged Tuna Antitrust Case And A Shift In Class Certification Standards, Mac Newton
Missouri Law Review
Class certification confers a fearsome power on plaintiffs. Organizing a group of otherwise disparate potential claimants through a class action produces a mighty concentration of power that plaintiffs can wield against defendants. This power is exerted on defendants in the form of “hydraulic pressure” to settle, shifting focus from litigation to settlement. The risk involved with one jury standing between a defendant and “potentially ruinous liability” often proves to be intolerable for corporate defendants. The in terrorem nature of class actions means that just by obtaining class certification, plaintiffs achieve a major victory. This notion is borne out by empirical …
“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer
“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer
Missouri Law Review
For many, the day of a real estate closing is filled with excitement and relief. The process of finding a family home or a building to begin a business is often arduous. On average, the search for a home lasts at least six months. There are long days of showings, stressful negotiations with loan officers, and difficult decisions when purchasing a piece of property. Most buyers and sellers look forward to the day when the paperwork is signed and title, along with all the rights and privileges it affords, passes to the new owners. After closing, the new owners typically …
The Ncaa's Punts On Transgender Student-Athlete Participation, Josh Lens
The Ncaa's Punts On Transgender Student-Athlete Participation, Josh Lens
Missouri Law Review
The National Collegiate Athletic Association (“NCAA”), which serves as college athletics’s national governing body, states that its basic purposes include supporting and promoting healthy and safe college athletics. It accomplishes this through its stated principles, which include conducting athletics designed to protect, support, and enhance student-athletes’ physical and mental health and its commitment to diversity, equity, and inclusion. These are tall tasks, as half a million student-athletes compete in NCAA-sponsored sports. The NCAA also enjoys a history of taking strong stances on perceived discrimination. More specifically, the NCAA has used its economic influence to effect changes to state legislation or …
The Race To Ban Race: Legal And Critical Arguments Against State Legislation To Ban Critical Race Theory In Higher Education, Vanessa Miller, Frank Fernandez, Neal H. Hutchens
The Race To Ban Race: Legal And Critical Arguments Against State Legislation To Ban Critical Race Theory In Higher Education, Vanessa Miller, Frank Fernandez, Neal H. Hutchens
Missouri Law Review
Anti-critical race theory bills have garnered national attention in the K-12 context. However, many critical race theory (“CRT”) bans also impact institutions of higher education. The bills seek to prohibit the teaching of ideas that include the premise that racism and sexism are pervasive in our society. Those opposing CRT believe its tenets promote anti-white racism, cultural division, and threaten the public institution of education. Scholars and educators have criticized anti- CRT bills for their mischaracterization of the use and tenets of CRT and related theories of scholarship. This Article argues that state anti- CRT laws and policies in higher …
Gubernatorial Influence In Merit-Based Judicial Selection: Kansas, Missouri, And Colorado, 2012–2021, Zachary Reger
Gubernatorial Influence In Merit-Based Judicial Selection: Kansas, Missouri, And Colorado, 2012–2021, Zachary Reger
Missouri Law Review
Many states use systems of merit-based judicial selection for supreme court appointments. Under “merit selection,” an independent commission screens judicial candidates before the governor makes a final appointment. Proponents of these systems claim that by limiting gubernatorial influence over the selection process, merit selection protects judicial independence from partisan intrusion. This study evaluates such claims by comparing the recent ideological voting behavior of judges appointed by Republican and Democratic governors in three states. Those states, Kansas, Missouri, and Colorado, use three different types of merit selection—bar-controlled, hybrid, and governor-controlled, respectively—that grant the governor varying degrees of influence over the judicial …
The Curious Case Of Tort Liability For A Defective Product That The Defendant Did Not Make, Sell, Or Distribute, Marin Roger Scordato
The Curious Case Of Tort Liability For A Defective Product That The Defendant Did Not Make, Sell, Or Distribute, Marin Roger Scordato
Missouri Law Review
Rarely does the United States Supreme Court consider and decide an issue of tort law, especially one that does not implicate any aspect of federal constitutional law. The problem of bare-metal equipment is just such an issue, taken up and addressed by the U.S. Supreme Court less than three years ago in the case of Air and Liquid Systems Corp. v. DeVries. Despite the Court’s opinion, the question continues to generate different responses from state courts and fails to enjoy much accord or consensus at the state-law level, where it has the greatest practical impact. The problem presented to the …
Temporary Access And Permanent Consequences: The Misapplication Of Takings Jurisprudence To State Regulations That Benefit The Public Welfare, Maria Ceriotti
Temporary Access And Permanent Consequences: The Misapplication Of Takings Jurisprudence To State Regulations That Benefit The Public Welfare, Maria Ceriotti
Missouri Law Review
In 1975, California enacted the Agricultural Labor Relations Act. The Act, along with many regulations to aid in its enforcement, came after years of infighting between property owners and agriculture workers for fair pay and better treatment. Deplorable conditions included hourly wages at $0.90/hour, inadequate working standards such as a lack of toilets and segregated housing, and poor treatment from the growers. Cesar Chavez organized what is now the United Farm Workers labor organization, which helps agriculture workers across the country collectively bargain and secure their rights, fair pay, and adequate working conditions.
Have Your Cake And Eat It Too (Unless You Are Danny Brock): The Irony Of Missouri’S Co-Employee Liability Statute, Taylor M. Harrington
Have Your Cake And Eat It Too (Unless You Are Danny Brock): The Irony Of Missouri’S Co-Employee Liability Statute, Taylor M. Harrington
Missouri Law Review
April 30, 2013, started like any other day for Danny Brock. Like each day before, he woke up, drove to work, and clocked in. A few hours later, he looked down to see his thumb completely detached from his hand, barely hanging on by the skin. When the injury occurred, Brock was following direct orders from his supervisor, Mark Edwards. Citing safety concerns, Brock opposed the request. But Edwards demanded that Brock proceed. Fearing loss of employment, Brock did as he was told. As predicted, injury ensued. Within seconds, Brock’s hand was crushed. Brock underwent three surgeries and sustained permanent …
Federal Common Law’S Long Shadow: Shedding Light On State Law Rights To Postpetition Default Interest, Evan Miller
Federal Common Law’S Long Shadow: Shedding Light On State Law Rights To Postpetition Default Interest, Evan Miller
Missouri Law Review
Historically, the law imposed harsh penalties on debtors who could not meet their obligations. One regime dismembered the debtor’s body and proportionally distributed it to creditors. Rejecting these draconian penalties, the United States Constitution empowered Congress to enact federal bankruptcy legislation. Bankruptcy laws in the United States helped the “unfortunate” debtor get a fresh start while providing creditors with “prompt and effectual” administration of the debtor’s unmet obligations. In order to accomplish these policy objectives, Congress granted equitable powers to bankruptcy courts. These powers allow bankruptcy courts to occasionally adjust parties’ rights under non- bankruptcy law and fairly distribute the …
The Right To Remain Silent. . . Sometimes: Why § 1983 Claims For Miranda Violations Are Necessary To Fifth Amendment Protection, Logan Moore
Missouri Law Review
The police arrive at your workplace and ask to speak with you. Feeling embarrassed and confused, you agree to accompany them to an isolated room to answer questions. As you pass by the concerned looks and accusatory whispers of your co-workers, you wonder to yourself, “what did I do?” Once in the room, the feeling of helplessness becomes insurmountable. The officers have blocked the exit and begin to vehemently accuse you of a crime. Although you adamantly deny any involvement in or knowledge of the crime, the officers seem prepared to keep you in the room until you make a …
All Aboard? Missouri Statute Risks Failing To Protect Consumers From Hidden Fees And Deceptive Practices Of Prominent Companies, Ethan E. Schroeder
All Aboard? Missouri Statute Risks Failing To Protect Consumers From Hidden Fees And Deceptive Practices Of Prominent Companies, Ethan E. Schroeder
Missouri Law Review
At some point, every consumer has bought something and then found themselves surprised by the hidden fees and countless documents that must be signed as part of the purchase. It may even lead to some level of buyer’s remorse. However, it is not often that buyer’s remorse gives rise to a class action lawsuit brought by over 100,000 consumers against an affiliate of one of Missouri’s largest private corporations. Consumers, such as Robert and Janet McKeage, are often forced to choose between holding retailers accountable for their deceitful practices or paying increased transaction costs when dealing with Missouri retailers. With …
Should The Federal Circuit Stand Down On Standing?, Avery J. Welker
Should The Federal Circuit Stand Down On Standing?, Avery J. Welker
Missouri Law Review
On March 11, 2020, the World Health Organization officially declared COVID-19 a pandemic, just ninety days after patients in Wuhan, China, began experiencing an unknown pneumonia-like illness.1 States rapidly responded, beginning shutdowns just a few days later.2 Amidst the early shutdown chaos, Moderna began human trials on its new COVID-19 vaccine.3 Moderna’s road to vaccine development was not without bumps, however, as the company launched a patent validity attack on another company’s technology it used while developing its vaccine. The dispute made its way to the Court of Appeals for the Federal Circuit, where the question focused on whether Moderna …
“Heads I Win, Tails You Lose”: The End Of Employers’ Exploitation Of The Federal Arbitration Waiver Prejudice Requirement, Peyton E. Rosencrants
“Heads I Win, Tails You Lose”: The End Of Employers’ Exploitation Of The Federal Arbitration Waiver Prejudice Requirement, Peyton E. Rosencrants
Missouri Law Review
On its face, an arbitration agreement suggests a straightforward process: should a dispute between the parties subject to the agreement arise, the dispute will be resolved through arbitration rather than litigation. But sometimes the parties do not follow this seemingly predetermined path. For example, many employers include mandatory, boilerplate arbitration agreements as conditions of employment. As is often the case, what happens when an employee sues her employer without knowledge of the contract’s arbitration clause? What if the employer allows the lawsuit to proceed for several months before it decides that it would fare better before an arbitrator? Must a …
Osha And Public Health In An Emergency And A Culture War, Richard R. Carlson
Osha And Public Health In An Emergency And A Culture War, Richard R. Carlson
Missouri Law Review
The approval of COVID-19 vaccinations for working age Americans in early 2021 offered a welcome release from oppressive non-vaccination safety measures. Group activities including normal employment operations became possible with a greatly reduced risk of serious illness and death. However, escape from the virus and non-vaccination measures was limited by widespread resistance to vaccination. OSHA became one of a handful of federal government offices that adopted rules to motivate more people to accept vaccination as the best way to protect themselves, protect their families, and escape the oppression of non-vaccination measures. OSHA, which regulates private sector “occupational” health, issued an …