Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

University of Missouri School of Law

Articles 1 - 30 of 152

Full-Text Articles in Law

Table Of Contents Nov 2006

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation , Jonathan H. Adler Nov 2006

Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation , Jonathan H. Adler

Journal of Environmental and Sustainability Law

No abstract provided.


Making The Waters A Little Murkier: Broadening The Endangered Species Act At The Expense Of The Clean Water Act. Defenders Of Wildlife V. United States Environmental Protection Agency , Erik G. Holland Nov 2006

Making The Waters A Little Murkier: Broadening The Endangered Species Act At The Expense Of The Clean Water Act. Defenders Of Wildlife V. United States Environmental Protection Agency , Erik G. Holland

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Updates Nov 2006

Environmental Updates

Journal of Environmental and Sustainability Law

No abstract provided.


The Strong Arm Of Cercla: Epa Allowed Free Reign To Recoup Cleanup Costs. United States V. W.R & Grace, Inc., Amy L. Ohnemus Nov 2006

The Strong Arm Of Cercla: Epa Allowed Free Reign To Recoup Cleanup Costs. United States V. W.R & Grace, Inc., Amy L. Ohnemus

Journal of Environmental and Sustainability Law

No abstract provided.


Environmental Dispute Resolution: Combining Settlement Mechanisms For Transnational Enforcement Of International Environment Disputes , Victoria C. Dawson Nov 2006

Environmental Dispute Resolution: Combining Settlement Mechanisms For Transnational Enforcement Of International Environment Disputes , Victoria C. Dawson

Journal of Environmental and Sustainability Law

No abstract provided.


Federal Agency Action Subject To Section 7(A)(2) Of The Endangered Species Act , Steven G. Davison Nov 2006

Federal Agency Action Subject To Section 7(A)(2) Of The Endangered Species Act , Steven G. Davison

Journal of Environmental and Sustainability Law

No abstract provided.


The Relationship Between Standing And Intervention: The Tenth Circuit Answers By "Standing" Down. San Juan County V. United States, Eric S. Oelrich Nov 2006

The Relationship Between Standing And Intervention: The Tenth Circuit Answers By "Standing" Down. San Juan County V. United States, Eric S. Oelrich

Journal of Environmental and Sustainability Law

No abstract provided.


True Access To The Courts For Citizens Working To Protect Natural Resources: Incorporating Attorney's Fees Into The Minnesota Environmental Rights Act , Michael Wietecki Nov 2006

True Access To The Courts For Citizens Working To Protect Natural Resources: Incorporating Attorney's Fees Into The Minnesota Environmental Rights Act , Michael Wietecki

Journal of Environmental and Sustainability Law

No abstract provided.


Good In Theory, Bad In Practice: The Unintended Consequences Of Bapcpa's Credit Counseling Requirement, Katherine A. Jeter-Boldt Nov 2006

Good In Theory, Bad In Practice: The Unintended Consequences Of Bapcpa's Credit Counseling Requirement, Katherine A. Jeter-Boldt

Missouri Law Review

No abstract provided.


Bankruptcy Reform And The Costs Of Sickness: Exploring The Intersections, Melissa B. Jacoby Nov 2006

Bankruptcy Reform And The Costs Of Sickness: Exploring The Intersections, Melissa B. Jacoby

Missouri Law Review

No abstract provided.


Race Matters In Bankruptcy Reform, A. Mechele Dickerson Nov 2006

Race Matters In Bankruptcy Reform, A. Mechele Dickerson

Missouri Law Review

No abstract provided.


Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating Nov 2006

Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating

Missouri Law Review

No abstract provided.


Foreword, Michelle Arnopol Cecil Nov 2006

Foreword, Michelle Arnopol Cecil

Missouri Law Review

No abstract provided.


Abuse Prevention 2005, James J. White Nov 2006

Abuse Prevention 2005, James J. White

Missouri Law Review

No abstract provided.


Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil Nov 2006

Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil

Missouri Law Review

No abstract provided.


Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter Nov 2006

Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter

Missouri Law Review

No abstract provided.


Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone Nov 2006

Psychology And Bapcpa: Enhanced Disclosure And Emotion, Richard L. Wiener, Michael Holtje, Ryan J. Winter, Jason A. Cantone

Missouri Law Review

No abstract provided.


Judicial Discretion To Find Abuse Under Section 707(B)(3), Eugene R. Wedoff Nov 2006

Judicial Discretion To Find Abuse Under Section 707(B)(3), Eugene R. Wedoff

Missouri Law Review

No abstract provided.


Totality Of The Circumstances Of The Debtor's Financial Situation In Post-Means Test World: Trying To Bridge The Wedoff/Culhane & White Divide, The, John A. E. Pottow Nov 2006

Totality Of The Circumstances Of The Debtor's Financial Situation In Post-Means Test World: Trying To Bridge The Wedoff/Culhane & White Divide, The, John A. E. Pottow

Missouri Law Review

No abstract provided.


Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth Nov 2006

Crystals, Mud, Bapcpa, And The Structure Of Bankruptcy Decisionmaking, R. Wilson Freyermuth

Missouri Law Review

No abstract provided.


Future Of Bankruptcy: A Roundtable Discussion Nov 2006

Future Of Bankruptcy: A Roundtable Discussion

Missouri Law Review

No abstract provided.


Right To Rest In Peace: Missouri Prohibits Protesting At Funerals, The, Megan Dunn Nov 2006

Right To Rest In Peace: Missouri Prohibits Protesting At Funerals, The, Megan Dunn

Missouri Law Review

No abstract provided.


Authority With The Force Of Law: Statutory Interpretation As Policymaking In Gonzales V. Oregon, Alfred J. Ludwig Nov 2006

Authority With The Force Of Law: Statutory Interpretation As Policymaking In Gonzales V. Oregon, Alfred J. Ludwig

Missouri Law Review

No abstract provided.


Residential Privacy And Free Speech: Competing Interests In Charitable Solicitation Regulation, Marcus Wilbers Nov 2006

Residential Privacy And Free Speech: Competing Interests In Charitable Solicitation Regulation, Marcus Wilbers

Missouri Law Review

No abstract provided.


Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders Nov 2006

Standing On Hallowed Ground: Should The Federal Judiciary Monitor Executive Violations Of The Establishment Clause, Bradley Thomas Wilders

Missouri Law Review

No abstract provided.


Index Nov 2006

Index

Missouri Law Review

Index


Bankruptcy Reform: What's Tax Got To Do With It?, Michelle A. Cecil Oct 2006

Bankruptcy Reform: What's Tax Got To Do With It?, Michelle A. Cecil

Faculty Publications

The article takes a two-pronged approach to the issue. First, it argues that all post-petition appreciation should be taxed to the debtor rather than to the debtor's bankruptcy estate because the debtor enjoys the benefits of the asset's appreciation in value and because, from a tax perspective, the results will be identical irrespective of whether the debtor or the bankruptcy estate is taxed on the asset's post-petition appreciation. Second, the article proposes that the gain accruing before the termination of the bankruptcy proceeding be treated as discharge of indebtedness income so that the debtor can defer recognition ...


Constitutional Referendum In The United States Of America, William B. Fisch Oct 2006

Constitutional Referendum In The United States Of America, William B. Fisch

Faculty Publications

The United States of America, as a federation of now 50 states each with its own constitution and legal system still enjoying a large degree of governmental autonomy within the national legal framework, presents a strikingly mixed picture regarding the use of direct democracy--the submission of proposed governmental action to a popular vote--in law- and constitution-making processes. At the national level, direct democracy has never been used for either type of enactment. At the state and local level, however, its use dates back to colonial times and has been increasing gradually (though still not universal) ever since. Since the mid-19th ...


Forward: Symposium On Interdisciplinary Perspectives On Bankruptcy Reform, Michelle A. Cecil Oct 2006

Forward: Symposium On Interdisciplinary Perspectives On Bankruptcy Reform, Michelle A. Cecil

Faculty Publications

In 2003, over 1.6 million consumers filed for bankruptcy protection, surpassing the previous record of 1.5 million bankruptcy filings set just one year earlier.1 In an effort to reverse the spiraling upward trend of consumer bankruptcies, and to prevent abusive debtors from using the bankruptcy system to avoid paying their debts,2 in April, 2005, Congress voted overwhelmingly in favor of passing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).3 Widely heralded as the most sweeping bankruptcy reform legislation in over a quarter of a century,4 BAPCPA was designed in large part ...