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Full-Text Articles in Law

Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey Nov 1999

Clean Water Act Compliance Audit Program For Pork Producers: How Was Such An Agreement Between Epa And The National Pork Producers Reached , Anita K. Chancey

Missouri Law Review

A recent agreement between the Environmental Protection Agency and the National Pork Producers Council puts into place a voluntary inspection program that may lead to reduced fines for pork producers who report and correct Clean Water Act violations This agreement represents the first of its kind between an agriculture group and the Environmental Protection Agency.2 This Article explores the background that led to the agreement. The evolution from small family farming to large corporate livestock production, along with the environmental concerns such evolution has produced, is traced. The next section lays out some of the federal and state statutory and …


Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii Nov 1999

Health Insurer's Use Of Genetic Information: A Missouri Perspective On A Changing Regulatory Landscape , Robert H. Jerry Ii

Missouri Law Review

At the dawn of the new millennium, the mysteries of the human genome' are being revealed: A working draft of ninety percent of the human genome sequence is expected to be completed by mid-2000, five years ahead of schedule.2 Few endeavors in human history have promised so much while causing so much concern.


Common Law Misappropriation In The Digital Era, Dale P. Olson Nov 1999

Common Law Misappropriation In The Digital Era, Dale P. Olson

Missouri Law Review

Information is often valuable and when publicly disclosed may be difficult to protect or control.' Such information, whether in the form of data or a product configuration, unless it can be exploited while keeping it secret,2 is accordingly susceptible to copying by competitors absent legal protection. The law, however, has not provided a framework that supplements the armamentarium of federal intellectual property law3 because the protection authorized by federal constitutional limits also thrust works into the public domain. The evolving technological developments which permit the effectively instantaneous transmission of information, as well as the inexpensive copying of trade values in …


Successive Torts Resulting In A Single, Indivisible Injury: Plaintiffs, Prepare To Prove The Impossible, Michael J. Kleffner Nov 1999

Successive Torts Resulting In A Single, Indivisible Injury: Plaintiffs, Prepare To Prove The Impossible, Michael J. Kleffner

Missouri Law Review

In most lawsuits, plaintiffs' medical experts can accurately allocate plaintiffs' injuries to a specific, causal factor. In some instances, however, two events may combine to cause an injury that is incapable of rational apportionment, even by the most learned medical expert. In such a case, the indivisible injury doctrine may relieve a plaintiff of the difficult burden of proving which tortfeasor caused her injuries. The indivisible injury doctrine, however, does not benefit all plaintiffs who have suffered an injury that cannot be apportioned. As illustrated by the instant case, certain plaintiffs must prove the impossible, namely, which tortfeasor caused their …


Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell Oct 1999

Between Monster And Machine: Rethinking The Judicial Function, Lee Anne Fennell

South Carolina Law Review

No abstract provided.


Religion And Democracy, Steven Shiffrin Jun 1999

Religion And Democracy, Steven Shiffrin

Notre Dame Law Review

No abstract provided.


Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine Jun 1999

Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine

Missouri Law Review

In Wolman v. Walter, Justice Stevens voiced concem that the "'high and impregnable' wall between church and state, has been reduced to a 'blurred, indistinct, and variable barrier.' 2 The court had sacrificed predictability for flexibility? While this may be true in some areas of Establishment Clause jurisprudence, it is no longer true in cases involving benefits to religious organizations. If the programs equally benefit both secular and "similarly situated" religious organizations, there is no violation of the Establishment Clause.4 Jackson v. Benson is an expression of this view. The Wisconsin Supreme Court, in upholding a program designed to provide …


Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel Jun 1999

Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel

Missouri Law Review

Among the most significant exceptions to the hearsay rule is the business records exception.' With roots in the common law,2 it is based on the premise that records made in the regular course of business are sufficiently reliable to justify admitting them as proof of the matters asserted in them without the safeguard of cross examination.3 Widespread acceptance of a codified business records exception followed a 1927 study4 that proposed such a statute (the Model Act)' and urged its passage by everyjurisdiction.6 Congress,7 as well as several


Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry Apr 1999

Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry

Indiana Journal of Global Legal Studies

No abstract provided.


Making Disclosure: Ideas And Interests In Canadian Securities Regulation, Christopher C. Nicholis Apr 1999

Making Disclosure: Ideas And Interests In Canadian Securities Regulation, Christopher C. Nicholis

Dalhousie Law Journal

Early in her book, Professor Condon bemoans the general lack of Canadian scholarship in the area of securities regulation. Not only is there very little theoretical work in this field, she notes, but also, "even historically descriptive accounts of the Ontario Securities Commission have been notable by their infrequency" (at 15).'


Annotated Language Laws Of Canada: Constitutional, Federal, Provincial And Territorial Laws, Teresa Scassa Apr 1999

Annotated Language Laws Of Canada: Constitutional, Federal, Provincial And Territorial Laws, Teresa Scassa

Dalhousie Law Journal

Many of Canada's language laws represent an attempt by governments to articulate national or provincial linguistic identities. How fitting, therefore, that Annotated Language Laws of Canada is a work which is itself in search of an identity. There is, in fact, some dissonance between what this book claims to be and what it actually is. Although its cover suggests that it is part of a series of "New Canadian Perspectives," there is little that is new (in the sense of original) in the work, other than the actual compilation. As for perspectives-one of the most striking absences in this work …


Environmental Risk Analysis: Proposed Mandates, 1993-1998, Linda-Jo Schierow Mar 1999

Environmental Risk Analysis: Proposed Mandates, 1993-1998, Linda-Jo Schierow

RISK: Health, Safety & Environment (1990-2002)

Dr. Schierow compares Congressional use, or lack thereof, of risk and cost-benefit analysis in environmental legislation promulgated between 1993 and 1998.


An Overview Of The Legal Aspects Of Concession Agreements In Latin America, Quirico G. Serina Jan 1999

An Overview Of The Legal Aspects Of Concession Agreements In Latin America, Quirico G. Serina

ILSA Journal of International & Comparative Law

Over the past decade, the method by which Latin American governments have implemented infrastructure projects has changed dramatically.


Understanding The Nicaraguan Adjustment And Central American Relief Act, Lourdes A. Rodriquez Jan 1999

Understanding The Nicaraguan Adjustment And Central American Relief Act, Lourdes A. Rodriquez

ILSA Journal of International & Comparative Law

On November 19, 1997, President Clinton signed into law the Nicaraguan Adjustment and Central American Relief Act' (NACARA).


Legislative Focus: The International And Religious Freedom Act Of 1998, Tom Lynch Jan 1999

Legislative Focus: The International And Religious Freedom Act Of 1998, Tom Lynch

Human Rights Brief

No abstract provided.


Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen Jan 1999

Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen

Missouri Law Review

This is a case of too much and too little. It represents one court's attempt to deal with problems created by too much Congressional guidance in one area of the Bankruptcy Code and too little guidance in another. In 1994, Congress revised 11 U.S.C. § 106, adding a provision declaring that when a state files a claim in a bankruptcy proceeding, it has waived its sovereign immunity as to that claim.2 Two years later, the United States Supreme Court,.in Seminole Tribe v. Florida,3 limited Congress's power to expand Article I judicial powers to the Eleventh Amendment . The In re …


From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman Jan 1999

From Enemies Of The Crown To Regional Telephone Companies: Bills Of Attainder Reappraised, Michael L. Landsman

Touro Law Review

No abstract provided.


The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda Jan 1999

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …


Legislative Watch , Human Rights Brief Jan 1999

Legislative Watch , Human Rights Brief

Human Rights Brief

No abstract provided.


Legislative Focus: The Human Rights Information Act, Heather Fox Jan 1999

Legislative Focus: The Human Rights Information Act, Heather Fox

Human Rights Brief

No abstract provided.


Legislative Watch, Human Rights Brief Jan 1999

Legislative Watch, Human Rights Brief

Human Rights Brief

No abstract provided.


Legislative Focus: Attempts To Close The United States Army School Of The Americas , Barbara Cochrane Alexander Jan 1999

Legislative Focus: Attempts To Close The United States Army School Of The Americas , Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.


Legislative Watch, Human Rights Brief Jan 1999

Legislative Watch, Human Rights Brief

Human Rights Brief

No abstract provided.