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- O'Brien v. Cunard S.S. Co. Ltd. (5)
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Articles 31 - 55 of 55
Full-Text Articles in Law
Seizing Fourth Amendment Rights, Kent R. Hopper
Seizing Fourth Amendment Rights, Kent R. Hopper
Missouri Law Review
Protections for criminal defendants and suspects have undergone a steady erosion with the increasing conservatism of the United States Supreme Court. A recent decision illustrates how this trend carries over to undermine the rights of all citizens. This Note focuses on the decision in Florida v. Bostick, and its impact on Fourth Amendment rights. Part III of this Note contains a review of the current status of Fourth Amendment interpretation from the standpoint of both search and seizure. In Part IV, the majority opinion and the dissent are analyzed in turn. Finally, in Part V, the argument is put forward …
Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden
Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden
Missouri Law Review
As illegal drug usage continues to be an increasing concern of this country, the United States Supreme Court has lessened Fourth Amendment constraints on law enforcement officials. Because of the nature of drugs (minute amounts are illegal and thus they are easily transported and hidden), the allowable scope of searches is a critical issue in the "war on drugs." Regardless of whether the Court had drugs in mind when it set forth this new rule, it is drug related offenses where this decision will have the visible impact.
Law & Economics Perspective On A Traditional Torts Case: Insights For Classroom And Courtroom, A, Robert H. Lande
Law & Economics Perspective On A Traditional Torts Case: Insights For Classroom And Courtroom, A, Robert H. Lande
Missouri Law Review
An analysis of O'Brien v. Cunard Steamship Co. readily demonstrates how economic concepts can help enlighten legal thought, enable judges and lawmakers to select optimal legal rules, and assist law students and others to understand the implications of alternative legal decisions. Because O'Brien has several aspects that can be explained quite well through the economic approach, the case also could be used to teach a number of important economic insights that often provide useful aids to legal analysis. O'Brien also contains issues for which economic analysis is less important. Because a complete study of O'Brien would involve both economic and …
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Missouri Law Review
Peremptory challenges have a long history, dating back to 1305 in England. In Swain v. Alabama, Justice Byron R. White stated, "[t]he persistence of peremptories and their extensive use demonstrate the long and widely held belief that peremptory challenge is a necessary part of trial by jury." Peremptory challenges enable litigants to exclude potential jurors "without a reason stated, without inquiry and without being subject to the court's control.", In Batson v. Kentucky, however, decided in 1986, the Supreme Court restricted the power of prosecutors to exercise peremptory challenges based solely upon race. This Note discusses the facts and holding …
Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman
Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman
Missouri Law Review
The other papers in this symposium stress the importance of expanding our inquiry into cases such as O'Brien v. Cunard Steamship Co.' In this essay I discuss how the process of legal reasoning, as it ordinarily is conducted in first-year classes, introduces its own element of ideological distortion. My proposition is that, because of that ideological distortion, the moves suggested by the other symposiasts are important but limited.
Professional Responsibility And The First Amendment: Are Missouri Attorneys Free To Express Their Views, Elizabeth A. Bridge
Professional Responsibility And The First Amendment: Are Missouri Attorneys Free To Express Their Views, Elizabeth A. Bridge
Missouri Law Review
The history of First Amendment cases in our country demonstrates that many attorneys have argued successfully for the free speech rights of their clients. When an attorney seeks to invoke the same right as a defense in a professional disciplinary action, however, the attorney may find less shelter under the First Amendment. This Note examines the extent of first amendment protection a Missouri attorney receives when criticizing courts or judges.
Yet Another Hearsay Exception: How Much Can Labels Prove In Missouri, David A. Dick
Yet Another Hearsay Exception: How Much Can Labels Prove In Missouri, David A. Dick
Missouri Law Review
In Moore v. Director of Revenue, the Southern District of the Missouri Court of Appeals encountered a fact situation that, upon a cursory reading, seems to touch upon an established rule of evidence. A cursory perusal, however, would overlook an evidentiary issue previously undetermined in Missouri. By creating a new exception to the hearsay rule, the Moore court approved the admissibility of labels used to prove container contents. Because this case presents an unusual context for the introduction of labels used to prove contents of a container and little case law discusses the matters at issue, many questions remain as …
Introduction: Five Approaches To Legal Reasoning In The Classroom: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. , Richard W. Bourne
Introduction: Five Approaches To Legal Reasoning In The Classroom: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. , Richard W. Bourne
Missouri Law Review
In late 1989 a small group of law teachers gathered at the University of Baltimore Law School to discuss "Ideology in the Classroom" with four panelists, each representative of a modern "school" of jurisprudence. The goals of the seminar were to explore what role a teacher's ideology should play in structuring the learning process for students, and to do so in a unique way, by having teachers with clearly defined ideological commitments" demonstrate how they would teach the same material.
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Missouri Law Review
It is important to say at the outset that this discussion about one case, O'Brien v. Cunard Steamship Co.1, would not have been as rich without access to the pleadings and trial record in the case. Too often we teach law courses as perspectiveless, adopting an analytical approach that consciously acknowledges no specific cultural, political, or class characteristics, but which is decidedly male, white and elitist. Today's law school classroom is more diverse both as to gender, race, and class, than ten or twenty years ago. This more diverse student body enters law school with life experiences and perspectives not …
Feminist Legal Theory And The Reading Of O'Brien V. Cunard, Ann C. Shalleck
Feminist Legal Theory And The Reading Of O'Brien V. Cunard, Ann C. Shalleck
Missouri Law Review
In July 1889, Mary O'Brien, a young, Irish, immigrant woman traveling to Boston in steerage on the "Catalonia," a ship of the Cunard Steamship Company, was given, against her will, a smallpox vaccine by Dr. I.T.M. Giffen, the ship's doctor. The vaccine left her body covered with sores and blisters. Two years later, in O'Brien v. Cunard Steamship Co.,' the Supreme Judicial Court of Massachusetts in an opinion written by Judge Knowlton held that the trial court had ruled correctly that Mary O'Brien's claims for battery and negligence could not even go to the jury. The appellate court agreed with …
Dna Fingerprinting: A Guide To Admissibility And Use, Ricardo Fontg
Dna Fingerprinting: A Guide To Admissibility And Use, Ricardo Fontg
Missouri Law Review
Forensic scientists have long hoped for the ability "to identify the origin of blood and body-fluid stains with the same degree of certainty as finger- prints."' Recent advances in recombinant deoxyribonucleic acid ("DNA") research offer scientists the necessary technology. Consequently, DNA technology now provides the judicial system with a powerful new test to identify criminal suspects and to trace paternity. This Comment discusses the current law regarding DNA fingerprinting.
Mandatory Retirement For Missouri Judges, Paul Scott Penticuff
Mandatory Retirement For Missouri Judges, Paul Scott Penticuff
Missouri Law Review
When an employee is forced from employment on a basis other than performance it seems to offend the concept of fairness. In the cases involving the mandatory retirement of state court judges, however, the harsh result for the affected judges must be balanced against society's interest in a competent judiciary. Although advancing age usually does not render a judge incompetent, the approach of legislators and voters has been to err on the side of caution, basing the mandatory retirement mechanism on the arbitrary factor of age. When these two interests collide, the result changes the balance between individual rights and …
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 …
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 …