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Articles 1 - 30 of 88
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Mdnr's Toolbox For Encouraging Compliance: Title V Permits, Compliance Assurance Monitoring, Periodic Monitoring, The Credible Evidence Rule And Compliance Certifications , Robert J. Lambrechts
Mdnr's Toolbox For Encouraging Compliance: Title V Permits, Compliance Assurance Monitoring, Periodic Monitoring, The Credible Evidence Rule And Compliance Certifications , Robert J. Lambrechts
Journal of Environmental and Sustainability Law
No abstract provided.
Postponing The Inevitable: The Supreme Court Avoids Deciding Whether The Migratory Bird Rule Passes Commerce Clause Muster. Solid Waste Agency Of Northern Cook County V. United States Army Corps Of Engineers, Tanya M. White, Patrick R. Douglas
Postponing The Inevitable: The Supreme Court Avoids Deciding Whether The Migratory Bird Rule Passes Commerce Clause Muster. Solid Waste Agency Of Northern Cook County V. United States Army Corps Of Engineers, Tanya M. White, Patrick R. Douglas
Journal of Environmental and Sustainability Law
No abstract provided.
Be Specific: The Proper Way To Challenge Actions Of The United States Forest Service. Sierra Club V. Peterson, Stephen M. Scanlon
Be Specific: The Proper Way To Challenge Actions Of The United States Forest Service. Sierra Club V. Peterson, Stephen M. Scanlon
Journal of Environmental and Sustainability Law
No abstract provided.
If There Are Rules To Follow, Why Didn't The Department Of Agriculture Follow Them? Humane Society Of The United States V. Glickman, Joshua Klinger
If There Are Rules To Follow, Why Didn't The Department Of Agriculture Follow Them? Humane Society Of The United States V. Glickman, Joshua Klinger
Journal of Environmental and Sustainability Law
No abstract provided.
Legislative Update
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental News
Journal of Environmental and Sustainability Law
No abstract provided.
Antitrust Decisions And Legislative Intent, David F. Shores
Antitrust Decisions And Legislative Intent, David F. Shores
Missouri Law Review
While recent decisions leave no doubt that the Court has revised its view concerning the purpose or goals of the antitrust laws, exactly when the revisionist period began is less clear. Continental T.V., Inc. v. GTE Sylvania Inc., was decided in the 1976-77 term. In overruling its decision in United States v. Arnold Schwinn & Co., decided just ten years earlier, the Court relied heavily on the writing of Robert Bork. Bock since has become the leading advocate for the new antitrust thinking. The 1976-77 Supreme court term seems to be a reasonable point of departure. Thus, the article will …
Fitting A Square Peg Into A Round Hole: The Application Of Traditional Rules Of Law To Modern Technological Advancements In The Workplace, Gregory I. Rasin, Joseph P. Moan
Fitting A Square Peg Into A Round Hole: The Application Of Traditional Rules Of Law To Modern Technological Advancements In The Workplace, Gregory I. Rasin, Joseph P. Moan
Missouri Law Review
In the ever-changing technological environment, the transmission of information has become as simple and as quick as the click of a mouse or the touch of a button. However, the emergence and widespread use of computers, electronic mail, and the Internet in the workplace also has created challenges for employers, their attorneys, and the courts. Specifically, the courts are forced to apply traditional rules of law to modern technological advancements. The lack of symmetry between these two notions has created uncertainty for today’s employer. This Article discusses the impact of new technology on employment law, particularly in the areas of …
Don't Fear Carnivore: It Won't Devour Individual Privacy, Thomas R. Mccarthy
Don't Fear Carnivore: It Won't Devour Individual Privacy, Thomas R. Mccarthy
Missouri Law Review
This Article examines the FBI's use of the Carnivore program and it's implication on online privacy.
Nearly Forgotten Supervisory Power: The Wrench To Retaining The Miranda Warnings, The, Nathan E. Ross
Nearly Forgotten Supervisory Power: The Wrench To Retaining The Miranda Warnings, The, Nathan E. Ross
Missouri Law Review
This Comment addresses the supervisory power generally, and it specifically focuses on how the existence of the Court’s supervisory power jurisprudence created a conundrum for the Rehnquist Court’s attempt to preserve the Miranda warnings. Part II traces the history and development of the supervisory power as an independent basis for decision and the alleged sources of this power. Part III analyzes the Court’s decision in Dickerson v. United States, including Justice Scalia’s dissent, within the context of Miranda and Section 3501. Finally, Part IV discusses why the Court chose to constitutionalize the Miranda warnings, instead of invoking it supervisory power, …
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Missouri Law Review
This Note reviews the legal landscape of Fourteenth Amendment substantive due process theory promulgated by the Supreme Court and discusses the importance of the landmark decision in DeShaney v. Winnebago County Department of Social Services in that context. Next, this Note discusses the treatment of DeShaney by the circuit courts, focusing on two exceptions to DeShaney’s analysis that have been carved out by many courts. This Note then reviews the decision in McMullen, and argues that the court of appeals improperly applied DeShaney to the facts in McMullen and that, in any event, DeShaney is an unfortunate extension of an …
Running Aground On The (Shoal) Waters Of The United States: The Supreme Court Invalidates The Migratory Bird Rule, William F. Northrip
Running Aground On The (Shoal) Waters Of The United States: The Supreme Court Invalidates The Migratory Bird Rule, William F. Northrip
Missouri Law Review
For the better part of the last fifty years, the Commerce Clause provided a safe harbor for congressional legislation. However, the legislative landscape began to change with the Supreme Court’s decision in United States v. Lopez. For the first time in nearly sixty years, an act of Congress was invalidated as exceeding the authority granted to Congress by the commerce Clause. As courts applied the stricter standard announced in Lopez, some regulations began to founder under the newly heightened scrutiny. Among the regulations that struggled in these rough waters was 33 C.F.R. § 328.3, the United States Army Corps of …
Kiss And Tell: Making The Case For The Torious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel
Kiss And Tell: Making The Case For The Torious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel
Missouri Law Review
Recognizing theories of recovery for a tort committed an estimated six million times per year in the United States alone at an annual cost in excess of $4 billion is logical—if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and human papillomavirus (“HPV”), two of the most common, incurable sexually transmitted diseases (“STDs”) in America. Nevertheless, in Deuschle v. Jobe, the Missouri Court of Appeals for the Western District of Missouri took a significant step by acknowledging an unmarried sexual partner’s right to bring negligence and intentional …
Regulation Fd: Leveling The Playing Field For Some But Not For Others, Patrick T. Morgan
Regulation Fd: Leveling The Playing Field For Some But Not For Others, Patrick T. Morgan
Missouri Law Review
This Law Summary will review the SEC’s vision of itself as the investor’s protector. In so doing, this Law Summary considers the workings of the capital markets, the price of information, and the vital role of selective disclosure. Next, this Law Summary outlines the SEC’s previous attempts to regulate selective disclosure. A presentation of Regulation Fair Disclosure follows with a focus on its more salient points for corporate counsel. Finally, the Law Summary concludes with a commentary that is generally skeptical of Regulation Fair Disclosure’s actual results.
Call For Intellectual Honesty: A Response To The Uniform Mediation Act's Privilege Against Disclosure, A, J. Brad Reich
Call For Intellectual Honesty: A Response To The Uniform Mediation Act's Privilege Against Disclosure, A, J. Brad Reich
Journal of Dispute Resolution
I will discuss and respond to three potential concerns of creating confidentiality through contractual provision. First, contract provisions are not binding on persons not parties to the contract. As a purely legal principle this is undoubtedly correct, but I will argue that while contract provisions cannot specifically bind non-parties, they can decrease the risk of disclosure of mediation communications to and by non-parties. Second, while it is true that contractual provisions may be voided as violative of public policy, I will argue that courts have generally upheld contractual confidentiality provisions and only voided them when the need for confidentiality was …
Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra
Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra
Journal of Dispute Resolution
Presented with such a dearth of standard practices and literature, family mediators have little guidance in whether and how to address cases involving domestic violence. Thus, this article sets forth a mediation screening framework that mediators and mediation program administrators can use to evaluate whether cases are appropriate for regular mediation (joint session without special safety measures), some modified form of mediation, or should be excluded from mediation. Such a method will better ensure a safe and fair mediation experience. Part II briefly examines the controversy surrounding the mediation of cases involving domestic violence, concluding that the arguments against mediating …
Arbitral Discovery Of Non-Parties, Jason F. Darnall, Richard Bales
Arbitral Discovery Of Non-Parties, Jason F. Darnall, Richard Bales
Journal of Dispute Resolution
This article argues that the broad power approach is the better reasoned of the two. Timely discovery of important information is vital in any dispute. Further, fair results should be the goal of any dispute resolution process. The possessor of the pertinent information, i.e., whether it is held by parties or non-parties, should be irrelevant. Part II of this article describes the differences between discovery in litigation and discovery in arbitration. Part III examines the limited power approach to prehearing discovery, which restricts the power of an arbitrator to compel non-party participation in discovery to the actual hearing. Part IV …
Science-Policy Disputes: Resolution Through Data Mediation, Erik S. Knutsen
Science-Policy Disputes: Resolution Through Data Mediation, Erik S. Knutsen
Journal of Dispute Resolution
It is the aim of this article to propose a novel system of dispute resolution for disputes which turn on interpretations of complex but uncertain scientific evidence. Part II identifies a specific subset of legal disputes that can only be resolved through policy judgments from ambiguous scientific data. Recognizing the underlying commonalities of these science-policy disputes offers an opportunity to craft a single dispute resolution mechanism which may be utilized for a wide variety of disputes. Part III outlines the benefits of using a mediation-based dispute settlement mechanism, as opposed to the traditional adversary-style litigation system, for these specific types …
Stop The Stay: Interrupting Bankruptcy To Conduct Arbitration - Slipped Disc, Inc. V. Cd Warehouse, Inc., Matthew Dameron
Stop The Stay: Interrupting Bankruptcy To Conduct Arbitration - Slipped Disc, Inc. V. Cd Warehouse, Inc., Matthew Dameron
Journal of Dispute Resolution
Since its inception, arbitration has affected other practice areas of the law differently. Some practice areas, such as bankruptcy, have created special exceptions to accommodate the growth of arbitration. Arbitration's effect on the automatic stay in bankruptcy is explored in the following Note.
Hold All Arbitrations: Public Policy Invalidations Are On The Loose - Town Of Groton V. United Steelworkers Of America, Christina S. Lewis
Hold All Arbitrations: Public Policy Invalidations Are On The Loose - Town Of Groton V. United Steelworkers Of America, Christina S. Lewis
Journal of Dispute Resolution
The United States Supreme Court has held that arbitration awards derived from collective bargaining agreements may be invalidated based on public policy. However, an arbitration award should only be invalidated if the public policy is explicit, well-defined, and dominant.' This article will examine how the Connecticut Supreme Court applied the public policy test and whether the court adequately justified its decision.
Supreme Court Defines Final Decisions Relating To Arbitration Decisions And Ducks The More Important Costs Issue - Green Tree Financial Corp. - Alabama V. Randolph, The, Franklin D. Romines Ii.
Supreme Court Defines Final Decisions Relating To Arbitration Decisions And Ducks The More Important Costs Issue - Green Tree Financial Corp. - Alabama V. Randolph, The, Franklin D. Romines Ii.
Journal of Dispute Resolution
The United States Supreme Court in Green Tree Financial Corp. - Alabama v. Randolph dealt with two arbitration issues of varying import. The less controversial issue involved defining the term 'final decision' in the context of arbitration proceedings.2 The second major issue in the case provided the Court an opportunity to analyze cost assignments in arbitration agreements that were silent on the issue.3 This issue has generated considerable policy disagreement among the circuits
Be Careful What You Say In Mediation - Indiana Supreme Court Rules That Oral Settlement Agreements Reached In Mediation Must Be In Writing To Be Enforceable - Kirk E. And Martha Vernon V. Adam J. Acton, Garrett S. Taylor
Journal of Dispute Resolution
When parties use mediation as an alternative to litigation, they generally expect the agreement will be binding upon the parties and confidential. However, the parties must ensure that the agreement they reach is reduced to writing or the agreement may not be enforceable. Furthermore, certain things said during the mediation session may be admissible in future litigation proceedings. The Indiana Supreme Court, in Vernon v. Acton, held that until mediation agreements are reduced to writing and signed by the parties, they must be considered compromise settlement negotiations under the applicable evidence rules and are not admissible as evidence of an …
Uniform Arbitration Act: Introduction, The, Timothy J. Heinsz
Uniform Arbitration Act: Introduction, The, Timothy J. Heinsz
Journal of Dispute Resolution
The Uniform Arbitration Act (UAA) is one of the most successful laws promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Originally passed by NCCUSL in 1955, the UAA has served as the bases of arbitration statutes in some forty-eight jurisdictions. As more parties have incorporated arbitration clauses into contractual relationships, the importance of the UAA and its federal counterpart, the Federal Arbitration Act (FAA), have correspondingly increased. Supreme Court precedent at both federal and state levels abrogating the common law hostility against arbitration and replacing this attitude with and avowedly pro-arbitration doctrine has enhanced the arbitration …
Recent Developments: The Uniform Arbitration Act, Brent A. Correll, S. Jacob Sappington, David Sims, Blake J. Tompkins
Recent Developments: The Uniform Arbitration Act, Brent A. Correll, S. Jacob Sappington, David Sims, Blake J. Tompkins
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.4
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Junk Science, Environmental Risk, And Very Low Detection Levels In Npdes Permits , Todd B. Adams, Barry Michael Levine
Junk Science, Environmental Risk, And Very Low Detection Levels In Npdes Permits , Todd B. Adams, Barry Michael Levine
Journal of Environmental and Sustainability Law
No abstract provided.
Clean Air Act And The Federal Removal Statute: Do They Fit Together Or Are We Missing A Piece Of The Puzzle? California V. United States, Joshua Klinger
Clean Air Act And The Federal Removal Statute: Do They Fit Together Or Are We Missing A Piece Of The Puzzle? California V. United States, Joshua Klinger
Journal of Environmental and Sustainability Law
No abstract provided.