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Articles 1 - 30 of 55
Full-Text Articles in Law
Missouri Child Support Guidelines, Jennifer Clifton Ferguson
Missouri Child Support Guidelines, Jennifer Clifton Ferguson
Missouri Law Review
The Child Support Enforcement Amendments of 1984' and the Family Support Act of 1988, are designed to improve the adequacy, consistency, and collectability of child support awards. These two laws require states to develop specific guidelines providing a numerical formula for the determination of child support award amounts' and require that the guidelines be presumptive. Following the federal mandate, the Missouri Supreme Court enacted child support guidelines which have been mandatory since April 1, 1990.
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
Missouri Law Review
The last sixty years have witnessed an enormous growth at the federal and state levels in both the number and size of administrative bureaucracies.' Agencies have been created to implement and administer legislation passed by the Congress or state legislatures. The grant of rulemaking authority has been given to executive agencies because legislatures have often found themselves unable, or unwilling, to fine-tune laws addressing today's increasingly complex society. The fine-tuning has been left to administrative agencies, particularly where scientific, economic, or other expertise is needed to determine how the law should be implemented. The purpose of this Article is to …
Hancock Amendment, User Fees, The Plain Meaning Rule, And An Invitation To Challenge Buechner V. Bond, The, Michael Atchison
Hancock Amendment, User Fees, The Plain Meaning Rule, And An Invitation To Challenge Buechner V. Bond, The, Michael Atchison
Missouri Law Review
In 1980, Missouri voters adopted an amendment to the Missouri Constitution. The amendment, commonly called the Hancock Amendment, limited the power of state and local governments to raise taxes by requiring voter approval for tax increases and by Placing a spending limit on the state government. One of the controversial issues has been whether fees charged for governmental services may be raised without a vote. Initially, the Missouri Supreme Court, employing the plain meaning rule, held that such fees could not be raised without voter consent. Keller v. Marion County Ambulance District, the subject of this Note, marks a welcome …
Table Of Book Reviews/Comments
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
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
This Article examines what good faith and fair dealing mean in the workplace, particularly where the relationship between employer and employee is otherwise presumed to be "at will." The conclusion is that except in sporadic situations, the concept of good faith and fair dealing is too vague to be helpful to either party or even to the court. The good faith and fair dealing construct, as currently understood, should be abandoned in the employment context, as should the at will presumption. They should be replaced by legislative prohibition of termination absent good cause. The Model Employment Termination Act' is an …
Knocking Out Motor Vehicle Insurance Household Exclusions: Does The Financial Responsibility Law Cover All Bases, David A. Dick
Knocking Out Motor Vehicle Insurance Household Exclusions: Does The Financial Responsibility Law Cover All Bases, David A. Dick
Missouri Law Review
This Note discusses the issues presented by the conflicts between Missouri's Motor Vehicle Financial Responsibility Law, a legislative act intended to provide compensation for persons injured in vehicular accidents, and contractual exclusion clauses contained in motor vehicle liability insurance policies. A "household" or "family" exclusion clause, the type of liability insurance contract exclusion at issue in Halpin, typically states that no coverage exists for any obligation an insured may have to a member of the insured's family who is residing in the same household as the insured.' The household exclusion is designed to eliminate coverage when one family member's negligence …
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle
Missouri Law Review
Questions concerning the constitutional validity of conditions placed on recipients of government funds have a long history,' but they recently have received greater attention as the types of constitutional concerns have changed. Earlier cases dealt with issues of federalism, and claims that conditions unduly limited states in the exercise of their reserved powers. As courts moved to a generally consistent position of deference to Congressional choices concerning the proper distribution of power between the states and the national government, challenges to conditional spending faded in both their significance and interest.' This Article maintains that the government must take and express …
Can A Change In Decision-Making Authority Be A Change With Respect To Voting, Aisha Ginwalla
Can A Change In Decision-Making Authority Be A Change With Respect To Voting, Aisha Ginwalla
Missouri Law Review
The Voting Rights Act of 1965 triggered profound changes in southern politics, providing the impetus for a revolution in minority voting rights. Despite the passage of the Fifteenth Amendment almost a hundred years before, African-Americans in most southern states could not effectively exercise the right to vote. Congress acted in response to this "long and sorry history" by passing the Voting Rights Act. Section 5, a key provision of the Act, targets particular southern states for federal scrutiny of their electoral practices. In Presley, the Court considered whether seemingly routine administrative decisions that resulted in a dilution of the authority …
Sentencing Guidelines: Recommendations For Sentencing Reform, Barbara S. Barrett
Sentencing Guidelines: Recommendations For Sentencing Reform, Barbara S. Barrett
Missouri Law Review
For the last twenty years, much of the discussion about the criminal justice system has focused on criminal sentencing. Prior to 1970, the states and the federal government used indeterminate sentencing, a method whereby judges and parole boards exercised a great deal of discretion over the length of criminal sentences. This Article discusses the reasons why sentencing guidelines are the best way to achieve proportionality and uniformity in the sentencing of criminal offenders. Sentencing guidelines have been implemented in a number of states and the federal system, and, thus, the successes and failures of those reforms offer lessons for future …
New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
Missouri Law Review
A common method of dispute resolution in institutional reform litigation is the consent decree. Although they are entered into voluntarily, consent decrees are sanctioned by courts in the same manner as other final judgments under Federal Rule of Civil Procedure 60(b) The consent decree has been used to avoid court-ordered remedies which do not adequately meet the needs of either party in the dispute. The traditional standard for the modification of such decrees is the "grievous wrong" standard.' By maintaining this rigorous standard, courts have guarded against modifications of consent decrees to bring order to the highly chaotic and controversial …
Index To Subjects Covered In Volume 56
Index To Subjects Covered In Volume 56
Missouri Law Review
Index to Subjects Covered in Volume 58
Physician Willingness To Withhold Tube Feeding After Cruzan: An Empirical Study, Philip G. Peters Jr., John W. Ely, Steven C. Zweig
Physician Willingness To Withhold Tube Feeding After Cruzan: An Empirical Study, Philip G. Peters Jr., John W. Ely, Steven C. Zweig
Missouri Law Review
In Cruzan v. Hannon, the Missouri Supreme Court declined to let Nancy Cruzan's father discontinue her tube feedings. The court insisted on clear and convincing evidence of her wishes and was unsatisfied that proof of this kind had been presented in her case.' In addition, it refused to defer to her family or to consider her "quality of life." On June 25, 1990, the United States Supreme Court affirmed the Missouri Supreme Court's decision. Since Cruzan, public demand for living wills has exploded.
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Missouri Law Review
In an industry in which information is the ultimate commodity, a new dilemma that confronts the media world is whether the First Amendment protects news gatherers from sources who try to enforce promises of confidentiality. The debate raised in Cohen v. Cowles Media Co. pits the First Amendment freedoms of the press and speech against concepts of contracts and torts that are deeply rooted in our legal heritage. At least two reasons make promises of confidentiality important to the newsgathering profession. First, breaking a promise of confidentiality that has induced a source to provide information is dishonorable. Second, sources may …
Proxy Puzzle & The Durable Power Of Attorney For Health Care Act, The, J. Daniel Patterson
Proxy Puzzle & The Durable Power Of Attorney For Health Care Act, The, J. Daniel Patterson
Missouri Law Review
The Missouri Durable Power of Attorney for Health Care Act' (the Health Care Act) is the latest development in Missouri concerning proxy health care decision making. The Health Care Act, the Living Will Statute, and the Missouri Supreme Court's Cruzan' decision are the pieces which make up the puzzle known as Missouri proxy health care decision-making law. When the pieces are put together, however, it appears that some pieces are missing. This Note addresses the relationship of the Health Care Act to the other two pieces of Missouri law and searches for the pieces which seem to have been left …
In Defense Of Life: Enforcing The Bill Of Rights On Behalf Of Poor, Minority And Disadvantaged Persons Facing The Death Penalty, Stephen B. Bright
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
This Article is a lecture from Alder-Rosecan about the court's decision in Furman v. Georgia in which the death penalty as it had existed for 200 years in our country's history was found to be unconstitutionally applied.
Criminal Activity Forfeiture Act: Replete With Constitutional Violations, The, Steffanie Stracke
Criminal Activity Forfeiture Act: Replete With Constitutional Violations, The, Steffanie Stracke
Missouri Law Review
Congress has provided for the forfeiture of practically any type of property related to an illegal activity in order to take the profit out of crime. The federal forfeiture statute dealing specifically with criminal drug activity is commonly known as the Controlled Substances Act. This Comment focuses on the civil forfeiture proceedings4 of the Controlled Substances Act and the drug activity portion of Missouri's Criminal Activity Forfeiture Act' (CAFA). This Comment traces how the "War on Drugs" has turned a legitimate criminal penalty into a strong-arm tactic that has been abused by law enforcement agencies across the country.
Status Of Sex-Specific Fetal Protection Policies, The, Elizabeth A. Phillips
Status Of Sex-Specific Fetal Protection Policies, The, Elizabeth A. Phillips
Missouri Law Review
Many commentators and judges consider cases involving fetal protection policies the most important sex discrimination cases since Congress enacted Title VII of the Civil Rights Act of 1964. With as many as twenty million workers potentially exposed to chemicals in the workplace that may cause reproductive health problems, employers have implemented fetal protection policies. The employers' motivation for enacting these policies is dual in nature: (1) to protect the health of future generations and (2) to protect themselves from potential tort liability. Regardless of the benevolence of employers' motives, the issue is whether individual employers should be allowed to close …
Missouri Takes A Stand: The Death Of The Dead Hand In The Control Of Trusts, Becky Owenson Kilpatrick
Missouri Takes A Stand: The Death Of The Dead Hand In The Control Of Trusts, Becky Owenson Kilpatrick
Missouri Law Review
When the Missouri Legislature adopted Missouri Revised Statute section 456.590.2, empowering courts to allow deviation from the distributive terms of a trust, the intent was to repeal, in part at least, the long-standing Claflin doctrine. That doctrine is a common law rule that refuses to allow deviation from the terms of the trust, even when all beneficiaries consent, if variation or termination would violate the purpose of the trust. This Note analyzes the recent application of Missouri's new trust variation statute and addresses the interpretive issues that Hamerstrom settles. The Note briefly discusses the history of the Claflin doctrine and …
Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers
Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers
Missouri Law Review
Asbestos is one of many products which have a once-latent danger now facing consumers. Our judicial system uses many means to confront these dangers, including imposing punitive damages on manufacturers. At what point does a manufacturer's business decisions affect society such that punitive damages become necessary? This issue is increasingly important in our highly industrialized and technological society. Angotti v. Celotex Corp. mandates an in-depth examination of this issue: first, how are jurisdictions other than Missouri approaching this problem; second, what considerations affect how punitive damages are used in a products liability setting; third, does Missouri's approach further these considerations; …
Controversial World Of Corporate Mergers And Acquisitions: A Critical Assessment, The, Perry V. Kalajian
Controversial World Of Corporate Mergers And Acquisitions: A Critical Assessment, The, Perry V. Kalajian
Missouri Law Review
The last decade has proven to be a landmark era in the area of corporate mergers and acquisitions.' Perhaps the most rapid development in this area has been in the growth of antitakeover devices to defend against unwanted, hostile takeover attempts. The most noteworthy of the devices developed has been the share purchase rights plan. Since its inception in 1983, the use of the share purchase rights plan, or "poison pill" as it is more commonly known, as a defensive mechanism against hostile tender offers has generated much controversy and debate in the legal and business communities. The purpose of …
Discoverability Of Personal Injury Surveillance And Missouri's Work Product Doctrine, The, Kenneth E. Siemens
Discoverability Of Personal Injury Surveillance And Missouri's Work Product Doctrine, The, Kenneth E. Siemens
Missouri Law Review
In personal injury trials a major focus is often the legitimacy of the plaintiff's alleged injuries. If the defendant doubts the severity of the plaintiff's injuries, it is common practice for the defendant to hire private investigators to conduct surveillance of the plaintiff. The knowledge, prior to trial, of the existence and contents of any surveillance is imperative for plaintiffs, either to substantiate the extent of injuries alleged,4 or to prepare an argument to explain any discrepancies between the injuries alleged and those shown by the surveillance A defendant's interest in the non-discoverability of surveillance stems from a desire to …
Scope Of Consent Searches: Are Police Officers And Judges Misguided By The Objective Reasonableness Test, Marc L. Edmondson
Scope Of Consent Searches: Are Police Officers And Judges Misguided By The Objective Reasonableness Test, Marc L. Edmondson
Missouri Law Review
Law enforcement officials will arrest or temporarily detain over 14 million Americans this year for offenses ranging from murder to speeding. During these stops, the police officer will frequently ask for and receive the individual's consent to search his or her belongings. In Florida v. Jimeno, the United States Supreme Court attempted to define the permissible scope for consent searches under an objective reasonableness test.This Note will briefly explore the history of consent searches, examine the Supreme Court's rationale for adopting an objective test, analyze the ramifications of the decision, and propose modifications in the procedures for obtaining a valid …
Illusory Rights: The Missouri Approach To Employment Contracts, James M. Crabtree
Illusory Rights: The Missouri Approach To Employment Contracts, James M. Crabtree
Missouri Law Review
In Main v. Skaggs Community Hospital, the Southern District of the Missouri Court of Appeals concluded that pursuant to the employment at will doctrine in Missouri, such agreements do not confer contractual rights.This Note explores the history of the Missouri employment at will doctrine and the ramifications of the Main v. Skaggs Community Hospital decision.
O'Brien V. Cunard S.S. Co., Limited
O'Brien V. Cunard S.S. Co., Limited
Missouri Law Review
This article talks about the O'Brien v. Cunard S.S. Co. Ltd. and the specific events that occurred in this case.
Introduction: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. Ltd.
Introduction: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. Ltd.
Missouri Law Review
This article gives five articles that present a pedagogical approach to O'Brien v. Cunard S.S. Co. Ltd.
Proportionality And The Eighth Amendment: And Their Object Not Sublime, To Make The Punishment Fit The Crime, Aisha Ginwalla
Proportionality And The Eighth Amendment: And Their Object Not Sublime, To Make The Punishment Fit The Crime, Aisha Ginwalla
Missouri Law Review
In June 1991, the United States Supreme Court, in Harmelin v. Michigan, considered anew whether the Eighth Amendment clause prohibiting cruel and unusual punishment includes a proportionality requirement. The Court addressed the question: Is there a constitutional requirement that the length of a sentence be tailored to fit the crime? The opinions are closely divided, and reveal strong disagreement among the Justices over a wide array of constitutional issues, such as the historical standards to be used in interpreting the Constitution, the deference due to the principles of federalism, the limits of judicial review, and the balance to be struck …
Traditionalist's Approach To Teaching O'Brien And To Ideology In The Classroom, A, Richard W. Bourne
Traditionalist's Approach To Teaching O'Brien And To Ideology In The Classroom, A, Richard W. Bourne
Missouri Law Review
The goal of our program on "Ideology in the Classroom" initially was to explore the proper role of ideology in the classroom with the help of representatives of critical race theory, law and economics, feminist legal thought, and critical legal studies. From the perspective of the original planners of the program, the discussion of a case like O'Brien v. Cunard Steamship Co., were viewed simply as a means to that end. During the implementation of the program, a second set of goals began to emerge: each of the "representatives" saw participation in the program as a opportunity to "showcase" his …
Stripping Away First Amendment Protection, Daniel Yves Hall
Stripping Away First Amendment Protection, Daniel Yves Hall
Missouri Law Review
In Barnes v. Glen Theatre, Inc., the Supreme Court ruled that nude dancing was expressive activity and thus protected by the First Amendment. The Court also held, however, that it was constitutionally permissible for a state to prohibit the activity in that there was a sufficiently important governmental interest in the regulation of nude dancing. This Note will first briefly outline the legal background pertaining to First Amendment protection of nude dancing.