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Full-Text Articles in Law

Table Of Contents Nov 1995

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Cases To Watch Nov 1995

Cases To Watch

Journal of Environmental and Sustainability Law

No abstract provided.


Keys To Increasing Voluntary Cleanups In Missouri , George M. Von Stamwitz, Norella V. Huggins Nov 1995

Keys To Increasing Voluntary Cleanups In Missouri , George M. Von Stamwitz, Norella V. Huggins

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 Nov 1995

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.


Case Summaries Nov 1995

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.


Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance In Missouri , Bradley S. Hiles Nov 1995

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 Nov 1995

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 Nov 1995

Proposed Methodology For Developing A Groundwater Classification System In Missouri , Greg Moldafsky

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 Nov 1995

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.


Missouri Attorney General Enforcement Actions Nov 1995

Missouri Attorney General Enforcement Actions

Journal of Environmental and Sustainability Law

No abstract provided.


Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose Nov 1995

Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose

Missouri Law Review

No abstract provided.


Five Decades Of Explanation And Evolution, Yet The Rule Appears Unchanged: Missouri's Points Relied On Rule, Paula R. Hicks Nov 1995

Five Decades Of Explanation And Evolution, Yet The Rule Appears Unchanged: Missouri's Points Relied On Rule, Paula R. Hicks

Missouri Law Review

No abstract provided.


Duty Of Mental Health Care Providers To Restrain Their Patients Or Warn Third Parties, The, Timothy E. Gammon, John K. Hulston Nov 1995

Duty Of Mental Health Care Providers To Restrain Their Patients Or Warn Third Parties, The, Timothy E. Gammon, John K. Hulston

Missouri Law Review

No abstract provided.


Death Of Res Gestae And Other Developments In Missouri Hearsay Law, The, Amanda Bartlett Mook Nov 1995

Death Of Res Gestae And Other Developments In Missouri Hearsay Law, The, Amanda Bartlett Mook

Missouri Law Review

No abstract provided.


Cable Television, New Technologies And The First Amendment After Turner Broadcasting System, Inc. V. F.C.C., Erik Forde Ugland Nov 1995

Cable Television, New Technologies And The First Amendment After Turner Broadcasting System, Inc. V. F.C.C., Erik Forde Ugland

Missouri Law Review

No abstract provided.


Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson Nov 1995

Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson

Missouri Law Review

No abstract provided.


Eleventh Amendment: A Move Towards Simplicity In The Test For Immunity, Jennifer A. Winking Nov 1995

Eleventh Amendment: A Move Towards Simplicity In The Test For Immunity, Jennifer A. Winking

Missouri Law Review

No abstract provided.


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 Nov 1995

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

No abstract provided.


Remark: Brown V. Board: Revisited, Michael A. Middleton Oct 1995

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 ...


Dean John Wade And The Law Of Torts, Gary Myers Oct 1995

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.


The Criminal Defense Lawyer As Effective Negotiator: A Systemic Approach, Rodney J. Uphoff Oct 1995

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 ...


The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes Oct 1995

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.


Improving America's Health Care: Authorizing Independent Prescriptive Privileges For Advanced Practice Nurses, Mary M. Beck Jul 1995

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 ...


All We Really Need To Know About Teaching We Learned In Kindergarten, R. Lawrence Dessem Jul 1995

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 ...


Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson Jul 1995

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.


We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith Jul 1995

We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith

Journal of Dispute Resolution

Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices ...


Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley Jul 1995

Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley

Journal of Dispute Resolution

The discussion below is divided into four parts. Part II is a background section describing the summary jury trial process and its intended benefits, as well as briefly identifying the five litigated issues and basic uncertainties discussed here. Part III describes the five litigated issues and basic uncertainties in detail, describes how judges have attempted to deal with them, and discusses potential solutions. Part IV contains specific statutory language embodying the proposed solutions. And, finally, Part V offers a brief conclusion


Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte Jul 1995

Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte

Journal of Dispute Resolution

The Uniform Arbitration Act is an annual project of the Journal of Dispute Resolution.2 The project examines court opinions from the past year which have interpreted state versions of the Uniform Arbitration Act ("U.A.A.").' Currently, thirty-four states and the District of Columbia have adopted arbitration statutes based on the U.A.A.' The goal of the Journal of Dispute Resolution in creating this project is to promote uniformity in interpretation of the U.A.A. by describing the decisions and rationales of recent court opinions.


Summary Jury Trial - A Caution, Avern Cohn Jul 1995

Summary Jury Trial - A Caution, Avern Cohn

Journal of Dispute Resolution

My experience with summary jury trials as a settlement device, as well as a poll of my colleagues in the Eastern District of Michigan, suggests the drawbacks of summary jury trials outweigh the benefits. Additionally, a decision regarding the worth of summary jury trial as a dispute resolution mechanism, particularly over the objections of a party, should be suspended until the Rand Corporation's Institute for Civil Justice reports to Congress on its evaluation of Civil Justice Reform Act initiatives with regard to alternate dispute resolution procedures in federal district courts.


Mandatory Arbitration And Title Vii: Can Employees Ever See Their Rights Vindicated Through Statutory Causes Of Action - Metz V. Merrill Lynch, Pierce, Fenner & (And) Smith, Penelope Hopper Jul 1995

Mandatory Arbitration And Title Vii: Can Employees Ever See Their Rights Vindicated Through Statutory Causes Of Action - Metz V. Merrill Lynch, Pierce, Fenner & (And) Smith, Penelope Hopper

Journal of Dispute Resolution

Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress has granted American employees an increased number of potential statutory causes of action. At the same time, litigation has decreased. with a rise in the popularity of alternative dispute resolution.' Thus, it is no surprise that many modem employment contracts require employees to stipulate a dispute resolution forum through which any future legal conflict may be resolved, usually at the bequest of the prospective employer. The legal trend is to enforce mandatory arbitration and mediation clauses when a statutory cause of action is at ...