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Articles 1 - 30 of 102
Full-Text Articles in Law
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance To Sort Out Double Jeopardy Issues, Richard C. Reuben
Faculty Publications
At a time when anti-government sentiment is running high in some quarters, the U.S. Supreme Court is considering several cases on the hot-button issue of government seizure of private property linked to crimes, known as asset forfeitures.
Suing The Firm, Richard C. Reuben
Suing The Firm, Richard C. Reuben
Faculty Publications
Lawyers who once would rather take grievances against their firms to the grave are now taking them to court. Is it the death of professionalism or the dawning of accountability?
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance In Missouri , Bradley S. Hiles
Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance In Missouri , Bradley S. Hiles
Journal of Environmental and Sustainability Law
No abstract provided.
Counterpoint: Environmental Audit Privilege Legislation: Secrecy And Forgiveness For Environmental Violators , Joseph P. Bindbeutel
Counterpoint: Environmental Audit Privilege Legislation: Secrecy And Forgiveness For Environmental Violators , Joseph P. Bindbeutel
Journal of Environmental and Sustainability Law
No abstract provided.
Proposed Methodology For Developing A Groundwater Classification System In Missouri , Greg Moldafsky
Proposed Methodology For Developing A Groundwater Classification System In Missouri , Greg Moldafsky
Journal of Environmental and Sustainability Law
No abstract provided.
Keys To Increasing Voluntary Cleanups In Missouri , George M. Von Stamwitz, Norella V. Huggins
Keys To Increasing Voluntary Cleanups In Missouri , George M. Von Stamwitz, Norella V. Huggins
Journal of Environmental and Sustainability Law
No abstract provided.
To Intervene Or Not To Intervene: The Right Of Non-Settling Prps To Intervene In Cercla Litigation. United States V. Union Electric Co. , Erick Roeder
To Intervene Or Not To Intervene: The Right Of Non-Settling Prps To Intervene In Cercla Litigation. United States V. Union Electric Co. , Erick Roeder
Journal of Environmental and Sustainability Law
No abstract provided.
Commerce Clause And Flow-Control: The Problems Of Regulating The Importation Of Solid Waste. National Solid Wastes Management Association V. Meyer, Rebecca Tenbrook
Commerce Clause And Flow-Control: The Problems Of Regulating The Importation Of Solid Waste. National Solid Wastes Management Association V. Meyer, Rebecca Tenbrook
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Five Decades Of Explanation And Evolution, Yet The Rule Appears Unchanged: Missouri's Points Relied On Rule, Paula R. Hicks
Five Decades Of Explanation And Evolution, Yet The Rule Appears Unchanged: Missouri's Points Relied On Rule, Paula R. Hicks
Missouri Law Review
Missouri Supreme Court Rule 84.04(d) provides that appellate briefs must contain "points relied on," the purpose of which is to inform the court and the party-opponent of the specific issues of the case. Despite the efforts of the courts, many attorneys have continued to make the same errors, which has often resulted in the dismissal of individual points relied on, and sometimes the dismissal of entire appeals.' This note suggests that incorporating five decades of case law into the language of Rule 84.04(d) would give practitioners better notice of the rule's requirements, which would lead to fewer violations of those …
Duty Of Mental Health Care Providers To Restrain Their Patients Or Warn Third Parties, The, Timothy E. Gammon, John K. Hulston
Duty Of Mental Health Care Providers To Restrain Their Patients Or Warn Third Parties, The, Timothy E. Gammon, John K. Hulston
Missouri Law Review
When should liability be imposed upon those who fail to prevent injury or ring the alarm bell? This article addresses two well worn and hotly debated issues from a Missouri perspective. First, should physicians, other mental health care providers, mental health care hospitals, and other facilities be liable for either: (1) the failure to restrain a patient, or (2) the release of a patient who subsequently injures an individual member of the general public? Second, should there be liability for failure to warn specific third persons, members of law enforcement, other officials, or the public generally in such situations?
Eleventh Amendment: A Move Towards Simplicity In The Test For Immunity, Jennifer A. Winking
Eleventh Amendment: A Move Towards Simplicity In The Test For Immunity, Jennifer A. Winking
Missouri Law Review
The Eleventh Amendment was ratified in response to Chisholm v. Georgia, which held that the language of Article III, § 2 makes a state amenable to suit in federal court by citizens of another state.' By its express terms, Eleventh Amendment immunity is only available to states being sued by citizens of other states.' Since its enactment some two centuries ago, the Amendment has been interpreted to extend to a state being sued by its own citizens and to agencies which constitute an arm-of-the- state. This note examines the Supreme Court's restatement of the test for immunity and its impact …
Cable Television, New Technologies And The First Amendment After Turner Broadcasting System, Inc. V. F.C.C., Erik Forde Ugland
Cable Television, New Technologies And The First Amendment After Turner Broadcasting System, Inc. V. F.C.C., Erik Forde Ugland
Missouri Law Review
From the moment it emerged as an independently viable communications medium, the cable television industry has been forced to operate within the shadow of regulatory oversight. With passage of the Cable Television Consumer Protection and Competition Act of 1992,' and judicial endorsement of much of that legislation in Turner BroadcastingSystem, Inc. v. F.C.C., cable's future rests squarely in the hands of the federal government. Congress, with some help from the Supreme Court, has made it clear that any blueprints for the future of the nation's communications infrastructure will have to pass through Washington. This article is divided into four parts. …
Death Of Res Gestae And Other Developments In Missouri Hearsay Law, The, Amanda Bartlett Mook
Death Of Res Gestae And Other Developments In Missouri Hearsay Law, The, Amanda Bartlett Mook
Missouri Law Review
Res gestae is a Latin term that has had many meanings in American courts. Courts have used it when referring to a variety of hearsay exceptions, such as the excited utterance exception, the present sense impression exception, the verbal part of the act doctrine, and statements of mental or physical condition. In Bynote v. National Super Markets ,Inc., the Missouri Supreme Court determined that the use of the term res gestae should be abandoned in favor of the specific hearsay exceptions it has covered. The court also held that any requirement of executive capacity to meet the vicarious admission of …
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
Faculty Publications
A lot more is at stake in BMW of North America v. Gore, 94-896, than the legal cost of repainting luxury automobiles, The case returns the issue of punitive damages to the Supreme Court amid complaints by business interests to a receptive Congress that high punitive awards are helping to stifle U.S. economic growth. At the same time, the case carries overtones of federalism, an issue that seems to lurk throughout the Supreme Court's docket these days.
Protection For Employee Whistleblowers Under The Fair Labor Standards Act And Missouri's Public Policy Exception: What Happens If The Employee Never Whistled , Jeff Le Riche
Missouri Law Review
The Fair Labor Standards Act ("FLSA") was implemented by Congress in 1938 in an attempt to assure most workers of an adequate minimum wage and payment for overtime work. FLSA § 15(a)(3) was enacted to protect employees from retaliatory discharges based upon the reporting of violations of the substantive FLSA provisions In Saffels v. Rice, the Court of Appeals for the Eighth Circuit extended protection to employees who were dismissed based on the employer's mistaken belief the employee reported violations of the law to the authorities based on both FLSA § 15(a)(3) and Missouri's commonlaw public policy exception to the …
Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose
Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose
Missouri Law Review
Individual rights have become increasingly important in this country in the past few decades. University campuses across the country form part of the current bedrock of this movement. Therefore, it should come as no surprise that public universities,' the closest representative of the government to college students, are the subject of much of the pressure to enact rules protecting the rights, viewpoints, and actions of minority members of society. Universities originally intended that nondiscrimination clauses ensure student groups recognized by the university did not exercise improper prejudices based on gender, nationality, or religious belief. Recently, however, the gay rights movement …
Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson
Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson
Missouri Law Review
This rule-the tenancy-by-the-entireties bar to tax collection-is unsound. It inadequately reconciles the interests at stake, and it is inconsistent with the modem understanding of the nature and reach of the federal tax lien.This article recommends that the bar be abrogated. In place of the old rule, the article proposes that the federal tax lien should attach to entireties property, but only to the extent of the lesser of (1) the debtor tenant's tax liabilities or (2) the value of the debtor tenant's interest in the property. The article has five parts. Part I describes the origins of the entireties bar …
Volume 18, Issue 2 (Fall 1995)
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
Faculty Publications
This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
Faculty Publications
In the first issue of the Clinical Law Review, Peter Hoffman challenged clinical legal educators to produce clinical scholarship that is “practical in its orientation and design” and written so as to enhance the ability of lawyers to represent their clients and to help law students prepare for law practice. This article takes up Hoffman's challenge in the context of examining the skill of negotiating or plea bargaining from the perspective of the criminal defense lawyer. Before discussing the methods, approach or techniques that lawyers can use to enhance their ability to bargain effectively, it is critical to understand what …
Dean John Wade And The Law Of Torts, Gary Myers
Dean John Wade And The Law Of Torts, Gary Myers
Faculty Publications
Dean John Wade's death last year ends the career of a great scholar, teacher, and administrator. His many accomplishments and his impressive personal traits have been duly praised and chronicled. His legacy includes an impressive body of scholarly work, many former students trained in the ways of the law, and institutions that are better for his walking their hallways. This article focuses on one particular aspect of Dean Wade's contribution--his impact on the law of torts.
Remark: Brown V. Board: Revisited, Michael A. Middleton
Remark: Brown V. Board: Revisited, Michael A. Middleton
Faculty Publications
[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …
All We Really Need To Know About Teaching We Learned In Kindergarten, R. Lawrence Dessem
All We Really Need To Know About Teaching We Learned In Kindergarten, R. Lawrence Dessem
Faculty Publications
Being asked to talk recently about teaching to non-law school professors caused me to think about some of the successful techniques I have used or seen used in law school teaching. I was concerned, though, that these techniques might not be transferrable to other teachers in other settings. However, the more I thought about it the more I realized that the techniques we use in teaching law students are comparable to, if not identical with, techniques used by any successful teacher. These are the same techniques we all have seen utilized by our best teachers over our many years of …
Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck
Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck
Faculty Publications
Nursing and organized medicine are engaged in a heated and emotional debate over independent prescriptive privileges for advanced practice nurses. Uncontroverted data demonstrates that nurse practitioners provide high quality health care at a reduced cost, while increasing access to health care for under-served populations. It is apparent that advanced practice nurses could improve the delivery of American health care. However, organized medicine is opposed to autonomous advanced nursing practice and lobbies powerfully against it. Currently, the majority of state laws and regulations pertaining to advanced practice nursing do not promote a sound public health policy, do not contemplate liability issues …
Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson
Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson
Journal of Dispute Resolution
Professor Woodley's article is an excellent overview of the issues relating to Summary Jury Trials and offers a menu of sound proposals for their solution. This article is written from the perspective of a trial judge and recommends procedures and case selection criteria found to be effective in the trial arena. A careful reader will note that many of the proposals discussed herein are included in Professor Woodley's article because the undersigned participated in her canvass of judges on the subject.