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Articles 1 - 30 of 86

Full-Text Articles in Law

Sentencing Guidelines: Recommendations For Sentencing Reform, Barbara S. Barrett Nov 1992

Sentencing Guidelines: Recommendations For Sentencing Reform, Barbara S. Barrett

Missouri Law Review

No abstract provided.


Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle Nov 1992

Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle

Missouri Law Review

No abstract provided.


Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean Nov 1992

Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean

Missouri Law Review

No abstract provided.


Missouri Child Support Guidelines, Jennifer Clifton Ferguson Nov 1992

Missouri Child Support Guidelines, Jennifer Clifton Ferguson

Missouri Law Review

No abstract provided.


Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard Nov 1992

Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard

Missouri Law Review

No abstract provided.


Can A Change In Decision-Making Authority Be A Change With Respect To Voting, Aisha Ginwalla Nov 1992

Can A Change In Decision-Making Authority Be A Change With Respect To Voting, Aisha Ginwalla

Missouri Law Review

No abstract provided.


Knocking Out Motor Vehicle Insurance Household Exclusions: Does The Financial Responsibility Law Cover All Bases, David A. Dick Nov 1992

Knocking Out Motor Vehicle Insurance Household Exclusions: Does The Financial Responsibility Law Cover All Bases, David A. Dick

Missouri Law Review

No abstract provided.


Hancock Amendment, User Fees, The Plain Meaning Rule, And An Invitation To Challenge Buechner V. Bond, The, Michael Atchison Nov 1992

Hancock Amendment, User Fees, The Plain Meaning Rule, And An Invitation To Challenge Buechner V. Bond, The, Michael Atchison

Missouri Law Review

No abstract provided.


New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff Nov 1992

New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff

Missouri Law Review

No abstract provided.


Table Of Lead Articles/Essays Nov 1992

Table Of Lead Articles/Essays

Missouri Law Review

Table of Lead Articles/Essays


Table Of Book Reviews/Comments Nov 1992

Table Of Book Reviews/Comments

Missouri Law Review

Table of Book Reviews/Comments


Table Of Notes Nov 1992

Table Of Notes

Missouri Law Review

Table of Notes


Index To Subjects Covered In Volume 56 Nov 1992

Index To Subjects Covered In Volume 56

Missouri Law Review

Index to Subjects Covered in Volume 58


Equitable Estoppel Against The Government - The Missouri Experience: Time To Rethink The Concept, Kenneth D. Dean Oct 1992

Equitable Estoppel Against The Government - The Missouri Experience: Time To Rethink The Concept, Kenneth D. Dean

Faculty Publications

The purpose of this article is to examine the Missouri cases to determine if there are patterns which provide guidance in understanding what constitutes “exceptional” circumstances or “manifest injustice,” to determine if there is a coherent theory underlying the application of the *68 doctrine, and, finally, to propose modifications to the traditional approach.


Causation In Fact In Omission Cases, David A. Fischer Oct 1992

Causation In Fact In Omission Cases, David A. Fischer

Faculty Publications

This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.


Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek Jul 1992

Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek

Journal of Dispute Resolution

Promotion of settlement to reduce litigation is a well-established policy goal in our federal court system.2 However, when parties cannot resolve all of their disputes in alternative dispute resolution, this policy goal is undermined. In arbitration governed by the law of the state of New York, parties are generally unable to resolve all of their disputes in arbitration when punitive damages would be warranted. In most cases, the parties' dispute cannot be fully resolved where punitive damages would be available because an arbiter is not free to award punitive damages in arbitration under New York law. This is particularly ...


Mediation And Joke Design: Resolving The Incongruities , John M. Cooley Jul 1992

Mediation And Joke Design: Resolving The Incongruities , John M. Cooley

Journal of Dispute Resolution

The purposes of this Article are: (1) to highlight some of these new discoveries; (2) to discuss their implications for mediators generally, particularly toward achieving super-optimum resolutions of conflict; (3) to explore the relationship of these discoveries to the brain's bilateral functions, creativity, and the process of humor and joke design; (4) to suggest techniques, based on joke design, for altering conflict frames of disputants; and (5) to suggest directions for further experimentation and research. Although the interrelationships among the separate topics presented here may not be immediately discernible, the seeming incongruities will be resolved in Part VIII


Mediation Of Environmental Enforcement: Overcoming Inertia, Bruce Stiftel, Neil G. Sipe Jul 1992

Mediation Of Environmental Enforcement: Overcoming Inertia, Bruce Stiftel, Neil G. Sipe

Journal of Dispute Resolution

This Article aims to examine the claims for the usefulness of environmental mediation in the context of enforcement through consideration of two environmental enforcement cases processed by the Florida Department of Environmental Regulation (DER) during 1990-1991. Specifically outlined is a pilot mediation program designed to improve the resolution of the cases. Next, two DER cases are described and compared, in detail; the two cases are quite similar except that one underwent mediation and one did not. Finally, this Article draws conclusions about environmental enforcement dispute resolution processes. Particularly examined is the success of mediation at overcoming the reluctance of environmental ...


Book Review Jul 1992

Book Review

Journal of Dispute Resolution

Getting Past No is an important companion to a previous book co-authored by William Ury. In 1981, Ury collaborated with Roger Fisher on a book entitled Getting to Yes, 3 which has sold more than two million copies and has become one of the most influential works on the subject of negotiation. Getting to Yes is a lucid, step-by-step guide for negotiating mutually satisfactory agreements. The authors labeled their approach "principled negotiation" and boiled it down to the following points: separate the people from the problem; focus on interests, not positions; generate a variety of possibilities before deciding what to ...


Leading Horses To Water: May Courts Which Have The Power To Order Attendance At Mediation Also Require Good-Faith Negotiation - Decker V. Lindsay, Charles J. Mcpheeters Jul 1992

Leading Horses To Water: May Courts Which Have The Power To Order Attendance At Mediation Also Require Good-Faith Negotiation - Decker V. Lindsay, Charles J. Mcpheeters

Journal of Dispute Resolution

Settlement is a favorite of the law,4 and courts encourage it as a social good which may even outweigh other important policy considerations.5 Reasons for this favoritism include a desire to avoid the time-consuming uncertainty and cost of litigation,6 settlement's contributions to the efficient use of the court system,7 and a general wish for peaceful resolution of controversies.


Recent Developments: The Uniform Arbitration Act, Angela C. Cole, Nicole J. Cress, Kevin L. Fritz, Lori L. Green Jul 1992

Recent Developments: The Uniform Arbitration Act, Angela C. Cole, Nicole J. Cress, Kevin L. Fritz, Lori L. Green

Journal of Dispute Resolution

Arbitration, once viewed as an undesirable alternative to litigation, has become widely accepted as a viable and often superior cost-effective approach to resolving disputes. In 1955, the national Conference of Commissioners on Uniform State Laws proposed a Uniform Arbitration Act.' Currently, 35 jurisdictions have arbitration statutes patterned after the U. A.A..' What began as an article in the Missouri Law Review entitled Recent Developments: The Uniform Arbitration Act, has evolved into an annual survey of recent developments in case law interpreting state versions of the U.A.A.' This detailed update monitors the underlying principles and rationales that develop ...


Twenty Years Later...Contractual Arbitration As Medical Malpractice Tort Reform, Maureen Dulen Jul 1992

Twenty Years Later...Contractual Arbitration As Medical Malpractice Tort Reform, Maureen Dulen

Journal of Dispute Resolution

Although there is minimal empirical data to support many of the conclusions, 4 the purported advantages and disadvantages of using private tort reform such as contractual arbitration are popular subjects of debate." This Comment will examine both the acceptance of and the use of private contract arbitration clauses in the medical malpractice legal arena.


Arbitration Clauses In Retainer Agreements: A Lawyer's License To Exploit The Client - Haynes V. Kuder, Mark G. Anderson Jul 1992

Arbitration Clauses In Retainer Agreements: A Lawyer's License To Exploit The Client - Haynes V. Kuder, Mark G. Anderson

Journal of Dispute Resolution

An attorney is in an influential and superior position to the client when negotiating fee contracts. Because of this position, an attorney has the opportunity to exploit his or her client. Consequently, courts view agreements between a lawyer and client rather suspiciously and apply a higher standard to these agreements. Furthermore, a lawyer is subject to ethical rules which require a lawyer to meet certain duties, including the duty to inform the client about matters regarding the representation! Because of the higher obligations imposed on an attorney when dealing with a client, any benefit of the doubt should go to ...


Negotiating In Good Faith: Management's Obligation To Maintain The Status Quo During Collective Bargaining Under The Railway Labor Act - International Ass'n Of Machinists & Aerospace Workers V. Transportes Aereos Mercantiles Pan Americandos, S.A., Jay M. Dade Jul 1992

Negotiating In Good Faith: Management's Obligation To Maintain The Status Quo During Collective Bargaining Under The Railway Labor Act - International Ass'n Of Machinists & Aerospace Workers V. Transportes Aereos Mercantiles Pan Americandos, S.A., Jay M. Dade

Journal of Dispute Resolution

When an employer and employee-representative union engage in collective bargaining negotiations, their negotiating activities are covered under the auspices of the Railway Labor Act.2 The Act, particularly applicable today in the tumultuous airline industry, established a rather elaborate mechanism for negotiation, mediation, voluntary arbitration, and conciliation to avoid interruptions to interstate commerce, to protect employees' freedom of association with respect to labor unions, and to provide prompt and orderly dispute settlements. 3 Indispensable to this scheme, Section 152, First of the Act imposes a statutory obligation upon the parties to such negotiations to bargain in good faith.4 In ...


Status Of Sex-Specific Fetal Protection Policies, The, Elizabeth A. Phillips Jun 1992

Status Of Sex-Specific Fetal Protection Policies, The, Elizabeth A. Phillips

Missouri Law Review

No abstract provided.


Physician Willingness To Withhold Tube Feeding After Cruzan: An Empirical Study, Philip G. Peters Jr., John W. Ely, Steven C. Zweig Jun 1992

Physician Willingness To Withhold Tube Feeding After Cruzan: An Empirical Study, Philip G. Peters Jr., John W. Ely, Steven C. Zweig

Missouri Law Review

No abstract provided.


In Defense Of Life: Enforcing The Bill Of Rights On Behalf Of Poor, Minority And Disadvantaged Persons Facing The Death Penalty, Stephen B. Bright Jun 1992

In Defense Of Life: Enforcing The Bill Of Rights On Behalf Of Poor, Minority And Disadvantaged Persons Facing The Death Penalty, Stephen B. Bright

Missouri Law Review

No abstract provided.


Illusory Rights: The Missouri Approach To Employment Contracts, James M. Crabtree Jun 1992

Illusory Rights: The Missouri Approach To Employment Contracts, James M. Crabtree

Missouri Law Review

No abstract provided.


Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers Jun 1992

Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers

Missouri Law Review

No abstract provided.


Scope Of Consent Searches: Are Police Officers And Judges Misguided By The Objective Reasonableness Test, Marc L. Edmondson Jun 1992

Scope Of Consent Searches: Are Police Officers And Judges Misguided By The Objective Reasonableness Test, Marc L. Edmondson

Missouri Law Review

No abstract provided.