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Articles 1 - 15 of 15
Full-Text Articles in Law
Missouri's Mystifying Doctrine Of Sovereign Immunity: The Imposition Of Duty Under The Dangerous Condition Exception, Stacy L. Nagel
Missouri's Mystifying Doctrine Of Sovereign Immunity: The Imposition Of Duty Under The Dangerous Condition Exception, Stacy L. Nagel
Missouri Law Review
In Missouri, the doctrine of sovereign immunity has been plagued with confusion. Much of this confusion has resulted from wrangling between the Missouri Supreme Court and the legislature. Statutes offering little guidance have been developed, and hard to reconcile cases have been produced. Perhaps nowhere is this confusion more evident than in the area of tort liability under the "dangerous condition" exception to sovereign immunity. Martin v. Missouri Highway & Transportation Department is a prime example of the bewilderment bred by Missouri's statute of sovereign immunity and particularly the "dangerous condition" exception. The Martin court discusses the conditions under which …
Civil Procedure, Stephen R. Smoak
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
Missouri Law Review
Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
Law and Contemporary Problems
Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.
The Civil Jury In America, Stephan Landsman
The Civil Jury In America, Stephan Landsman
Law and Contemporary Problems
Landsman explores several questions about the function of the modern civil jury in America, including why juries have been given so important a place in the judicial process and how the jury ought to be constituted to carry ought its work.
Message To Criminal Defendants--Waive At Your Own Risk: The Eight Circuit Enforces Waivers Of Appellate Rights, The, Ginger K. Gooch
Message To Criminal Defendants--Waive At Your Own Risk: The Eight Circuit Enforces Waivers Of Appellate Rights, The, Ginger K. Gooch
Missouri Law Review
"The right to appeal at least once without obtaining prior court approval is nearly universal. [A]lthough its origins are neither constitutional nor ancient, the right has become, in a word, sacrosanct., 2 Likewise, the criminal defendant's right to utilize appellate rights as a bargaining chip meets with widespread acceptance; nearly every circuit allows criminal defendants to waive their rights to appeal in conjunction with plea bargain agreements.3 The circuits disagree, however, concerning whether a defendant's waiver of appellate rights remains valid if a district court judge fails to explicitly discuss the waiver with the defendant during a Rule 11 colloquy4 …
What Happened To The Equity In Equitable Subrogation, Robert M. Smith
What Happened To The Equity In Equitable Subrogation, Robert M. Smith
Missouri Law Review
The doctrine of equitable subrogation provides courts with a vehicle to allow a lending institution that has paid off an existing loan to take the original lending institution's place in priority status. 2 While the doctrine appears quite simple, courts have been remarkably inconsistent in their approaches to allowing equitable subrogation claims. This Note discusses the various approaches taken by courts today, and more importantly, analyzes Missouri's current approach as affirmed most recently in Metnor Financial, Inc. v. Landoll Corporation.
Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont
Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont
Cornell Law Review
No abstract provided.
The Burden Of Proving Jurisdiction Under The Federal Tort Claims Act: A Uniform Approach To Allocation, Ugo Colella, Adam Bain
The Burden Of Proving Jurisdiction Under The Federal Tort Claims Act: A Uniform Approach To Allocation, Ugo Colella, Adam Bain
Fordham Law Review
No abstract provided.
Three’S A Crowd: A Feminist Critique Of Calabresi And Melamed’S One View Of The Cathedral , Jeanne L. Schroeder
Three’S A Crowd: A Feminist Critique Of Calabresi And Melamed’S One View Of The Cathedral , Jeanne L. Schroeder
Cornell Law Review
No abstract provided.
Renting In Collegetown , Daniel E. Wenner
Witnessing The Process: Reflections On Civil Procedure, Power, Pedagogy, And Praxis, Deseriee A. Kennedy
Witnessing The Process: Reflections On Civil Procedure, Power, Pedagogy, And Praxis, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Missouri Law Review
Because of the increase in the number and severity of violent crimes committed by juveniles, public demand for harsher penalties and proceedings for young offenders also increases each year.2 Congress has responded to the public outcry by enacting numerous pieces of legislation that mandate federal juvenile accountability. This legislation represents a drastic departure from the federal government's traditional policy of leaving juvenile justice affairs to the states. One of the many congressional acts in the past decades confers federal jurisdiction upon prosecution of juveniles who commit serious violent or drug related crimes if the United States Attorney certifies that the …
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Teaching Civil Procedure: A Retrospective View, Paul D. Carrington
Teaching Civil Procedure: A Retrospective View, Paul D. Carrington
Faculty Scholarship
No abstract provided.