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Articles 61 - 90 of 92
Full-Text Articles in Law
Losing The Battle On Obscenity, But Can We Win The War: The National Endowment For The Arts' Fight Against Funding Obscene Artistic Works, Paul N. Rechenberg
Losing The Battle On Obscenity, But Can We Win The War: The National Endowment For The Arts' Fight Against Funding Obscene Artistic Works, Paul N. Rechenberg
Missouri Law Review
Theater. Symphony. Ballet. Photography. Rap. Congress established the National Endowment for the Arts (NEA). This government agency promotes the arts through funding the creation and production of artistic works. Recently, however, controversial artistic works have triggered debate over NEA funding. Some artistic works featuring images that go beyond the candor of nude figures have divided viewers into supporters of art and those who shield their eyes from the controversial scenes. The threshold of what art is acceptable and what art is improper has left artists explaining or defending their craft. In 1989, Congress passed a federal law prohibiting NEA funding …
Discovery Of Attorney-Expert Communications: Current State Of, And Suggestions For, Federal And Missouri Practice, Dan Nelson
Missouri Law Review
In a products liability action the plaintiff's attorney engages an expert witness to testify at trial on behalf of the attorney's client. The defense attorney for the product manufacturer also plans to call an expert witness at trial. During discovery the plaintiff's attorney suspects that the defense expert's opinions are wholly the creation of the defense attorney.
Rambo I: The Missouri Supreme Court Vs. The Wrongful Death Statute--Prelude To The Sequel, Michael T. Kokal
Rambo I: The Missouri Supreme Court Vs. The Wrongful Death Statute--Prelude To The Sequel, Michael T. Kokal
Missouri Law Review
Rambo v. Lawson answered the question left open by O'Grady v. Brown. O'Grady determined that a wrongful death cause of action existed for the death of a viable fetus. The O'Grady court, however, did not decide the question of whether a wrongful death cause of action existed for the death of a non-viable fetus. First, Rambo refused to breathe substantive life into the Missouri anti-abortion statutes beyond the abortion context. Second, and perhaps even more interesting for the future of Missouri wrongful death law, was the concurring opinion in Rambo written by Judge Robertson. Judge Robertson's opinion is significant because …
Demise Of The Faa's Contract Of Employment Exception - Gilmer V. Interstate/Johnson Lane Corp., The, Michael G. Holcomb
Demise Of The Faa's Contract Of Employment Exception - Gilmer V. Interstate/Johnson Lane Corp., The, Michael G. Holcomb
Journal of Dispute Resolution
The recent trend in the federal courts is to expand the scope of the Federal Arbitration Act2 (FAA) to include statutory claims. 3 Gilmer v. Interstate/Johnson Lane Corp. illustrates this trend by compelling claims under the Age Discrimination in Employment Act of 19674 (ADEA) to arbitration pursuant to an arbitration clause in an employment contract' But does this trend neglect the rights of the individual employee vis-a-vis his employer and does it undermine the purpose of the "contract of employment" exception in the FAA?' This Note will examine the Gilmer case and its adherence to the current trend of expanding …
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Faculty Publications
This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.
Issue Of Personal Choice: The Competent Incurable Patient And The Right To Commit Suicide, The, Rebecca C. Morgan, Thomas C. Marks Jr., Barbara Harty-Golder
Issue Of Personal Choice: The Competent Incurable Patient And The Right To Commit Suicide, The, Rebecca C. Morgan, Thomas C. Marks Jr., Barbara Harty-Golder
Missouri Law Review
Medicine has made many advances in prolonging life artificially. As a result, people who in the past would have been sent home to die, can have life prolonged for months and years by artificial medical technology. These people are in limbo, alive, but not having life. American society has great reverence for life including, apparently, the kind of life that may be given through artificial life-prolonging procedures. Consequently, the quality of a patient's life, many times is eclipsed by the medical profession's ability to sustain that patient's physical existence through artificial medical procedures. This Article hypothesizes that an incurably-ill competent …
Criminal Tax Fraud: An Analytical Review, Ray A. Knight, Lee G. Knight
Criminal Tax Fraud: An Analytical Review, Ray A. Knight, Lee G. Knight
Missouri Law Review
Today, there seems to be a lingering impression that tax-evasion is a type of technical crime for bringing to justice those gangsters and racketeers who might otherwise evade all punishment for their acts. Criminal tax enforcement includes a process which has long been characterized by prosecutions of highly visible individuals who have violated only the tax laws, as well as prosecutions for tax crimes of persons also engaged in nontax criminal activity. Indeed, the violation of criminal tax statutes has long been a natural and frequently inevitable handmaiden of the commission of many nontax crimes.
Procrustean Beds And Draconian Choices: Lifestyle Regulations And Officious Intermeddlers--Bosses, Workers, Courts, And Labor Arbitrators, Marvin Hill Jr., Emily Delacenserie
Procrustean Beds And Draconian Choices: Lifestyle Regulations And Officious Intermeddlers--Bosses, Workers, Courts, And Labor Arbitrators, Marvin Hill Jr., Emily Delacenserie
Missouri Law Review
This Article will review case law, both in the private and public sector, dealing with employer attempts to regulate the personal lifestyles of employees. Remedies under common law and federal statutes will be reviewed with a special focus on Title VII of the Civil Rights Act of 1964, as amended, and the Federal Rehabilitation Act of 1973.
Reasonable Use Rule In Surface Water Law, The, Jennifer S. Graham
Reasonable Use Rule In Surface Water Law, The, Jennifer S. Graham
Missouri Law Review
"Surface water" is a term used to describe water that occurs "on the surface of the earth in places other than definite streams or lakes or ponds."' The primary sources of surface water are falling rain and melting snow, but it may originate from any source. This Comment is not meant to explore some new aspect of surface water law, as there is seemingly no area left untouched by scholars. Instead, this Comment is meant to update the status of surface water law in each of the fifty states and the District of Columbia. It will also touch upon the …
Receipt Of A Profits Interest In A Partnership As A Taxable Event After Campbell And Mark Iv, The, Mark Winfield Brennan
Receipt Of A Profits Interest In A Partnership As A Taxable Event After Campbell And Mark Iv, The, Mark Winfield Brennan
Missouri Law Review
For years tax advisors have assumed that the receipt of a profits interest in a partnership in return for services is not a taxable event; instead, the stream of income derived from the profits interest is taxable as received. The only authority to the contrary was considered an "aberration" and nearly completely disregarded A tax court memorandum decision, Campbell v. Commissioner, appeared to change the way in which tax advisors must approach the topic. Mark IV Productions, Inc. v. Commissioner, a memorandum decision handed down only seven months after Campbell, however, abruptly altered once again the tax court's position on …
Just, Speedy, And Inexpensive Or Just Speedy And Inexpensive - Mandatory Alternative Dispute Resolution In The Western District Of Missouri, April A. Fredlund
Just, Speedy, And Inexpensive Or Just Speedy And Inexpensive - Mandatory Alternative Dispute Resolution In The Western District Of Missouri, April A. Fredlund
Journal of Dispute Resolution
This Comment will address five questions which may arise as challenges to the Western District of Missouri's implementation of its ADR program. First, is the experimental program designed by the court likely to be predictive? That is, will the program be able to tell us whether cost and delay are being reduced by the ADR program? Second, is the program as implemented likely to reduce cost and delay? Third, does the Western District of Missouri have authority to impose mandatory ADR on litigants? Fourth, is the provision for mandatory ADR constitutionally sound? And fifth, assuming affirmative answers to these questions, …
Settlement In Securities Fraud: Is Settlement Promoting Litigation - In Re Jiffy Lube Securities Litigation, Brian R. Hajicek
Settlement In Securities Fraud: Is Settlement Promoting Litigation - In Re Jiffy Lube Securities Litigation, Brian R. Hajicek
Journal of Dispute Resolution
In the complex securities fraud arena, partial pretrial settlement in cases involving multiple defendants would appear to reduce litigation in the dispute. However, conflict over the proper method of allocating responsibility for a damage award among settling and non-settling defendants can in fact increase litigation. Federal courts disagree as to which method most fairly and equitably apportions damage liability. In re Jiffy Lube Securities Litigation is the most recent case that touches upon the issue of damage allocation among settling and non-settling defendants. This Note will address competing policy considerations which drive courts to choose different allocative methods.
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
Faculty Publications
The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal Of Congressional Attempts To Protect A Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Faculty Publications
This Article will first outline the history of judicial and statutory limitations on the free transferability of net operating losses, highlighting congressional attempts to afford more favorable treatment to troubled corporations reorganizing in Title 11 proceedings. It will then examine the operation of section 382 of the 1986 Code, again focusing on those provisions designed to assist in the successful reorganization of these corporations, and will demonstrate the wholesale inability of these provisions to preserve the net operating losses of troubled corporations. Finally, the Article will propose an amendment to section 382 that would increase the likelihood that corporations will …
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Faculty Publications
The purpose of this Article is to examine the constitutionality of the legislative veto as it exists in Missouri, specifically the powers of the JCAR. Part II of the Article traces the history of the JCAR and the various types of powers given to it. Part III of the Article examines the experiences of the United States government and other states to determine their applicability to Missouri. Part IV examines the various grants of power to determine whether they comply with the Missouri constitution.
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Faculty Publications
Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …
Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond
Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond
Faculty Publications
This article discusses some of the lesser known complexities of LEXIS and WESTLAW and the necessity for evaluating these systems critically. Sample searches highlight the major differences between WESTLAW's and LEXIS's search protocols. Comparable features of each system are examined to show how users can improve the quality of their search results and to warn of unintended consequences when users misapply them. Strategies for formulating searches that retrieve relevant cases and prevent the exclusion of potentially relevant cases are considered, along with the economics of online searching. Although the searches presented are limited to Ohio case law, they are adaptable …
Continuing Power Of Cultural Tradition And Socialist Ideology: Cross-Cultural Negotiations Involving Chinese, Korean, And American Negotiators, The, Richard W. Downing
Continuing Power Of Cultural Tradition And Socialist Ideology: Cross-Cultural Negotiations Involving Chinese, Korean, And American Negotiators, The, Richard W. Downing
Journal of Dispute Resolution
This Comment approaches the issue of "cultural" factors in international negotiations by examining cross-cultural negotiation in which the People's Republic of China (PRC) and Korea (North and South) have dealt with Western nations. First, the cultural heritage of these nations appears important. Confucian ideals, for example, have had a tremendous impact on China for thousands of years,7 and they continue to influence modern societies. Second, more recent political tradition, namely the "ideology" of Marx, Lenin, and Mao, has also had an impact on the conduct and goals of conflict resolution today. As one scholar states, the "Chinese view of negotiation, …
Arbitration And Salary Inflation In Major League Baseball, Deborah R. Swank
Arbitration And Salary Inflation In Major League Baseball, Deborah R. Swank
Journal of Dispute Resolution
Major league baseball has undergone significant changes since its inception over a century ago.2 While the game itself remains basically the same, the system governing management and player relations is hardly the same as it was even twenty years ago.' In years past, team owners exercised absolute authority over terms of players' employment including player mobility and salary levels. 4 Under this system, players essentially had no voice in salary determinations and players were contractually restricted from signing with another team.5 Players were forced either to accept the terms as offered by management or to quit the game altogether.6
Congress, The Executive Brand And The Dispute Resolution Process, Charles E. Grassley, Charles Pou Jr.
Congress, The Executive Brand And The Dispute Resolution Process, Charles E. Grassley, Charles Pou Jr.
Journal of Dispute Resolution
This rapid, recent expansion in administrative proceedings and related litigation is not, of course, a unique or isolated phenomenon. It is part of a greatly increased reliance on our judiciary to decide all manner of social, political, and economic issues. Much of this litigation may be an inexorable result of complicated social and economic interactions, heightened resort to regulatory schemes to deal with environmental, health and safety, civil rights and welfare concerns, and other historical factors. However, the point has been reached where much of it is unnecessary, unproductive, and less than ideally suited for many of the conflicts involved. …
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Journal of Dispute Resolution
In discussing mediation confidentiality, it appears that different commentators address different issues. For example, some commentaries discuss only court ordered mediation while others consider the possibility of any intervention by a neutral to be mediation, and hence under scrutiny. There is also disagreement about what should be protected: pre-mediation screening calls, post session discussions among mediators and their supervisors and so on.5 In order to keep the discussion as broad and inclusive as possible, I will use "mediation" to refer to any organized intervention by an impartial third party and to any part of that process. Although some may consider …
Shackling The Secretary's Hands: Limits To Authorizing Whistle-Blower Settlements Under Section 210 Of The Energy Reorganization Act - Macktal V. Secretary Of Labor, Jay M. Dade
Journal of Dispute Resolution
In seeking to encourage nuclear industry employees to report safety concerns, Section 210 of the Energy Reorganization Act of 1974 (ERA) acts to protect such "whistle-blowers" in the event they are terminated or discriminated against because of their whistle-blowing activities.2 When an employee and an employer negotiate a Section 210 "whistle-blower" complaint and subsequently submit the settlement for approval, the Secretary of Labor faces certain encumbrances when reviewing the agreement . This limitation on review arises when certain provisions may be in violation of public policy.4 In Macktal v. Secretary of Labor, the United States Court of Appeals for the …
Arbitrator And The Double Jeopardy Clause: Does The Postman Always Ring Twice - United States V. Reed, The, David A. Cole
Arbitrator And The Double Jeopardy Clause: Does The Postman Always Ring Twice - United States V. Reed, The, David A. Cole
Journal of Dispute Resolution
When an arbitrator's decision is adverse to one party, does the double jeopardy clause2 prohibit further pursuit of the claim by the successful party? With the rising emphasis being placed on arbitration clauses in collective bargaining agreements, it was only a matter of time before this question arose in the workplace. In United States v. Reed3 the Eleventh Circuit established the test for determining if an arbitrator's decision invokes the double jeopardy clause.