Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (22)
- Dispute Resolution and Arbitration (21)
- Legal Education (7)
- Courts (5)
- Constitutional Law (4)
-
- Criminal Law (4)
- Legal Profession (4)
- Religion Law (4)
- Labor and Employment Law (3)
- Law and Economics (3)
- Litigation (3)
- Civil Law (2)
- Criminal Procedure (2)
- First Amendment (2)
- Legislation (2)
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Consumer Protection Law (1)
- Disability Law (1)
- Government Contracts (1)
- Insurance Law (1)
- Internet Law (1)
- Jurisprudence (1)
- Legal Biography (1)
- Second Amendment (1)
- Securities Law (1)
- Sexuality and the Law (1)
- State and Local Government Law (1)
- Keyword
-
- Arbitration (7)
- Labor (5)
- Law school history (4)
- Missouri law (4)
- Missouri law school (4)
-
- Missouri school of law (4)
- Mizzou (4)
- Mizzou law (4)
- Mizzou law school (4)
- Mizzou school of law (4)
- News (4)
- Transcript (4)
- University of missouri (4)
- University of missouri law (4)
- University of missouri law school (4)
- University of missouri school of law (4)
- Alternative dispute resolution (3)
- Arbitration agreements (3)
- Dispute resolution (3)
- Employment (3)
- Fraud (3)
- Judicial review (3)
- Mediation (3)
- Sentencing commission (3)
- Union (3)
- Appeal (2)
- Criminal (2)
- Discrimination (2)
- Economic crime (2)
- Federalism (2)
- Publication
- Publication Type
Articles 1 - 30 of 109
Full-Text Articles in Law
When Does Internet Activity Establish The Minimum Contact Necessary To Confer Personal Jurisdiction, Sean M. Flower
When Does Internet Activity Establish The Minimum Contact Necessary To Confer Personal Jurisdiction, Sean M. Flower
Missouri Law Review
No abstract provided.
Family Autonomy Vs. Grandparent Visitation: Hpw Precedent Fell Prey To Sentiment In Herndon V. Tuhey, Joan C. Bohl
Family Autonomy Vs. Grandparent Visitation: Hpw Precedent Fell Prey To Sentiment In Herndon V. Tuhey, Joan C. Bohl
Missouri Law Review
No abstract provided.
Criticism Of Crack Cocaine Sentences Is Not What It Is Cracked Up To Be: A Case Of First Impression Within The Ongoing Crack Vs. Cocaine Debate , Cristian M. Stevens
Criticism Of Crack Cocaine Sentences Is Not What It Is Cracked Up To Be: A Case Of First Impression Within The Ongoing Crack Vs. Cocaine Debate , Cristian M. Stevens
Missouri Law Review
No abstract provided.
Overview Of Bad Faith Litigation In Missouri, Anthony G. Fussner
Overview Of Bad Faith Litigation In Missouri, Anthony G. Fussner
Missouri Law Review
No abstract provided.
Removal Of Diversity Actions When The Amount In Controversy Cannot Be Determined From The Face Of Plaintiff's Complaint: The Need For Judicial And Statutory Reform To Preserve Defendant's Equal Access To Federal Courts, Alice M. Noble-Allgire
Missouri Law Review
No abstract provided.
Public Policy Violations Or Permitted Provisions: The Validity Of Exculpatory Provisions In Residential Leases, Karen A. Read
Public Policy Violations Or Permitted Provisions: The Validity Of Exculpatory Provisions In Residential Leases, Karen A. Read
Missouri Law Review
No abstract provided.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Publications
The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial …
Where Are We Now?: Life After Electromation, Rafael Gely
Where Are We Now?: Life After Electromation, Rafael Gely
Faculty Publications
Given the expectations that preceded the Board's decisions, and the reactions that followed, it is somewhat surprising how little attention has been given to the decisions the NLRB has issued since Electromation and E.I. du Pont. While in general these recent decisions are consistent with the holdings in Electromation and E.I. du Pont, they provide us with the opportunity to analyze the manner in which the Board is currently dealing with the legality of workplace cooperative efforts. This article explores that issue. Part II of the article provides a brief overview of the workplace cooperative efforts problem. Part III reviews …
Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington
Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington
Faculty Publications
We recall a summer of contentment when American law was suffused with optimism, a season ending a long winter of despair and disorder. For the first fifteen years of this century, many (and perhaps most) American lawyers were filled with confidence that America had healed the wounds of civil war and was healing those of class struggle. We could, and we would, overcome all obstacles to peace and prosperity, not only for our people but for all mankind. This, it was widely believed, would be our century. As early as 1879 Daniel Coit Gilman, the premier educator of his time, …
Completing The Admissibility Equation, Richard C. Reuben
Completing The Admissibility Equation, Richard C. Reuben
Faculty Publications
Later this year, the U.S. Supreme Court will take up an evidence dispute from Georgia that promises to be one of the new term's most important nuts-and-bolts cases for litigators. General Electric Co. v. Joiner, no. 96-188, is expected to determine the standard of review that federal appellate courts must give to lower court decisions on the admissibility of scientific evidence. The Court's decision in Joiner promises to have an important effect on a broad range of cases in which causation often is a pivotal issue.
Moment Of Truth, Richard C. Reuben
Moment Of Truth, Richard C. Reuben
Faculty Publications
While the technical sophistication of today's polygraphs is far beyond the cathode-tube stuff of the 1920s, many lawyers and judges continue to view them as inherently unreliable and overly prejudicial. Their concern is that the procedure does not test whether a subject is telling the truth but measures physiological responses to questions- which may reveal much, but not necessarily the truth. But this fall, the U.S. Supreme Court will consider, in United States v. Scheffer, No. 96-1133, whether to finally lift the barrier to admissibility of polygraph evidence, at least in the federal courts, on grounds that it inhibits the …
How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande
How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande
Faculty Publications
This article sketches out some aspects of both lawyering and mediation practice that may be affected by development of a litimediation culture. Part II examines the growth of the private market for mediation and an accompanying specialization of mediation practice. These changes seem likely to require mediators to develop market niches with identifiable characteristics of their mediation practices. Simultaneously, lawyers, as regular buyers of mediation services, will be expected to recognize and make decisions based on significant distinctions between mediation providers.
Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii
Places In The Heartland: Departure Jurisprudence After Koon, Frank O. Bowman Iii
Faculty Publications
There are two things upon which I suspect most observers will agree following the decision in Koon v. United States. First, the United States Supreme Court wants district courts to have more discretion to depart from the otherwise applicable guideline range, and wants appellate courts to have less authority to overturn those discretionary judgments. Second, in light of the conflicting signals the Court gave by, on the one hand, declaring that the standard of appellate review for departure decisions is to be abuse of discretion,” and on the other hand, finding that two of the five factors relied upon by …
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A.
Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben
Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben
Faculty Publications
This issue of Dispute Resolution Magazine focuses on the RAND Report, offering a wide variety of perspectives on the study and its significance. It begins with RAND's own summary of its methodology, findings, and preliminary conclusions.
G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro
G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro
Journal of Dispute Resolution
This paper is the product of an unusual collaboration, in terms of both people and process. Data for this study was gathered through interviews conducted during the Fall of 1994 and Spring of 1995.' It was conceived by the Center for the Study of Social Policy ("CSSP"), whose expertise in human services management and financing has often been called upon in class action lawsuits against child welfare agencies across the country. CSSP has served as a plaintiffs expert, court-appointed neutral expert, court-appointed monitor, and neutral settlement facilitator in seven cases, and its experiences differed considerably in each case and role. …
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer
Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer
Journal of Dispute Resolution
This Comment examines the development of the new tax mediation program, its procedures and application, and its current status. Part II reviews the Appeals process leading up to and including the choice of an avenue to resolution of taxpayer disputes other than litigation. Part III explores the new mediation program including the scope of the cases allowed, the requirements for initiating the process and the procedures for implementing the program. Part IV discusses the policy reasons behind the IRS' implementation of the specific procedures and criteria into the new tax mediation program. Finally, Part V is an update of the …
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Schaffer case and the holding of the Fifth Circuit Section III will briefly examine the legal background behind the appeal of arbitrability rulings.9 Section IV will explore the analysis and decision of the Fifth Circuit in Schaffer.0 Finally, Section V will comment on the Schaffer court's holding and discuss its policy implications. This Note will conclude that 9 U.S.C. section 16 must be carefully examined and refined in order to meet the policy goals of arbitration.
Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Arbitration Agreements: Standard Of Review, Interpretation And Who Is Bound - Kenamerican Resources, Inc. V. International Union, United Mine Workers Of America, Shea Welch
Journal of Dispute Resolution
In KenAmerican Resources, Inc. v. International Union, United Mine Workers of America, the United States Court of Appeals for the District of Columbia Circuit found that a corporation which did not sign an arbitration agreement entered into by an individual who owned both that company, KenAmerican Resources, Inc., and the company that was clearly bound to the arbitration agreement, Ohio Valley Resources, Inc., was not bound by the arbitration agreement. 2 This was because the agent who signed the agreement, Robert Murray, was not acting on KenAmerican's behalf.3
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Taking Of The Delhi Sands Flower-Loving Fly: A Commercial Clause Challenge To The Application Of Section 9(A)(1) Of The Endangered Species Act. National Ass'n Of Home Builders V. Babbitt, Stacy Nagel
Journal of Environmental and Sustainability Law
No abstract provided.
Addressing Missouri's Domestic Conflict Of Interests In The Missouri River: A Suggested Approach For Resolution , Craig A. Street
Addressing Missouri's Domestic Conflict Of Interests In The Missouri River: A Suggested Approach For Resolution , Craig A. Street
Journal of Environmental and Sustainability Law
No abstract provided.
The Wild And Scenic River Act's Mandatory Comprehensive Management Plans: Are They Really Mandatory? Newton County Wildlife Ass'n V. United States Forest Serv., Douglas L. Mchoney
The Wild And Scenic River Act's Mandatory Comprehensive Management Plans: Are They Really Mandatory? Newton County Wildlife Ass'n V. United States Forest Serv., Douglas L. Mchoney
Journal of Environmental and Sustainability Law
No abstract provided.
Winter Wonderland: Intervention, Endangered Species And Snowmobiling In Voyageurs National Park. Mausolf V. Babbitt , Rebecca Williams
Winter Wonderland: Intervention, Endangered Species And Snowmobiling In Voyageurs National Park. Mausolf V. Babbitt , Rebecca Williams
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.
Declaratory Judgment Act's Actual Controversy Requirement: Should A Patent Owner's Promise Not To Sue Deprive The Court Of Jurisdiction, The, Michael G. Munsell
Declaratory Judgment Act's Actual Controversy Requirement: Should A Patent Owner's Promise Not To Sue Deprive The Court Of Jurisdiction, The, Michael G. Munsell
Missouri Law Review
No abstract provided.
Resolving A Peculiar Paradox: Uninsured Motorist Coverage Applied To An Underinsured Tortfeasor, Thomas D. Bixby
Resolving A Peculiar Paradox: Uninsured Motorist Coverage Applied To An Underinsured Tortfeasor, Thomas D. Bixby
Missouri Law Review
No abstract provided.