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Articles 1 - 30 of 143
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Genetically Modified Insects: Why Do We Need Them And How Will They Be Regulated?, Michael J. Donovan
Genetically Modified Insects: Why Do We Need Them And How Will They Be Regulated?, Michael J. Donovan
Journal of Environmental and Sustainability Law
No abstract provided.
Injury In Fact, Then And Now (And Never Again): Summers V. Earth Island Institute And The Need For Change In Environmental Standing Law , Cassandra Barnum
Injury In Fact, Then And Now (And Never Again): Summers V. Earth Island Institute And The Need For Change In Environmental Standing Law , Cassandra Barnum
Journal of Environmental and Sustainability Law
No abstract provided.
Solar Energy Policy In Canada: An Overview Of Recent Legislative And Community-Based Trends Toward A Coherent Renewable Energy Sustainability Framework , Kamaal R. Zaida
Solar Energy Policy In Canada: An Overview Of Recent Legislative And Community-Based Trends Toward A Coherent Renewable Energy Sustainability Framework , Kamaal R. Zaida
Journal of Environmental and Sustainability Law
No abstract provided.
It's Called Manufacturing: A Closer Look At Missouri's Groundwater Law. Citizens For Ground Water Protection V. Porter, Brian Hamilton
It's Called Manufacturing: A Closer Look At Missouri's Groundwater Law. Citizens For Ground Water Protection V. Porter, Brian Hamilton
Journal of Environmental and Sustainability Law
No abstract provided.
The Controversial Cormorant: The Second Circuit Defers To Agency Interpretation. Fund For Animals V. Kempthorne, Abbie Hesse Rothermich
The Controversial Cormorant: The Second Circuit Defers To Agency Interpretation. Fund For Animals V. Kempthorne, Abbie Hesse Rothermich
Journal of Environmental and Sustainability Law
No abstract provided.
Can We Drill Now?: The Ninth Circuit's View On Filing Environmental Impact Statements. Alaska Wilderness League V. Kempthorne, Nicole Hutson
Can We Drill Now?: The Ninth Circuit's View On Filing Environmental Impact Statements. Alaska Wilderness League V. Kempthorne, Nicole Hutson
Journal of Environmental and Sustainability Law
No abstract provided.
Fight For Your Right: Nebraska's Bifurcated Water Rights System Leads To Disputes Over Appropriation Determinations. Upper Big Blue Natural Resources District V. State Department Of Natural Resources, Chelsea R. Mitchell
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, The, Brian J. Love
Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, The, Brian J. Love
Missouri Law Review
This Article studies the Federal Circuit's use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that, properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit's professed rationale for doing so. Next, I demonstrate that this practice makes little …
Seconds Anyone: Using The Missouri Svp Law To Punish After Time Served, Rachel Woodell Hill
Seconds Anyone: Using The Missouri Svp Law To Punish After Time Served, Rachel Woodell Hill
Missouri Law Review
In 2006, amendments to the Missouri SVP Law took effect, lowering the state's burden of proof and changing the status under which rehabilitated individuals were permitted to rejoin society. These seemingly minor changes had enormous consequences, causing the constitutionality of the entire Missouri SVP scheme to be called into question. In the recent case, In re Care and Treatment of Van Orden, the Missouri Supreme Court addressed these concerns and found the amended scheme constitutional. However, in doing so, Missouri's highest court has effectively transformed what was once a remedial measure into a punitive sanction, under the veil of the …
Missouri Eminent Domain Reforms Of 2006 Good Faith Negotiation Requirement: Cities Can Use Illegitimate Appraisals Under Kansas City V. Ku, The, Jeremy T. Cranford
Missouri Eminent Domain Reforms Of 2006 Good Faith Negotiation Requirement: Cities Can Use Illegitimate Appraisals Under Kansas City V. Ku, The, Jeremy T. Cranford
Missouri Law Review
This Article argues that the holding of the Western District contravenes decades of Missouri statutory construction law, undermines significant public policy considerations, and indirectly implicates the Missouri constitutional guarantee of "just compensation" for takings by furthering a system of undercompensation. This Article speculates as to the potential policy reasons for such a holding and, finding only the considerations of judicial economy and condemnation proceeding efficiency (time and expense to the condemnor, the burden of which passes to taxpayers), this Article argues that such considerations must yield to the property interests clearly protected by the language of the Missouri legislature
Not Taking Care Of Business: State Responds To The Employee Free Choice Act, Preemption, And The Nlra, Mega Maskery Luecke
Not Taking Care Of Business: State Responds To The Employee Free Choice Act, Preemption, And The Nlra, Mega Maskery Luecke
Missouri Law Review
In 2009, Senator Ted Kennedy (D-MA) and Representative George Miller (D-CA) introduced legislation in their respective chambers that would significantly change how workers form unions under the National Labor Relations Act (NLRA). Under the current process, at least thirty percent of a company's employees must first sign cards that accompany a petition requesting union representation, after which the employees or the employer can ask the National Labor Relations Board (NLRB) to hold a secret ballot election to poll employees on the issue of whether a majority wants to be represented by a union. If passed, the Employee Free Choice Act …
Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith
Hostile Takeover: The State Of Missouri, The St. Louis School District, And The Struggle For Quality Education In The Inner-City, Justin D. Smith
Missouri Law Review
Missouri has been home to many of the landmark moments in the struggle for racial equality. The Missouri Compromise saved the Union; almost four decades later, the determination that Missouri slave Dred Scott was mere property split the Union. During the Civil War that followed, more battles and skirmishes took place in Missouri than in any other state outside of Virginia and Tennessee. After the Civil War Amendments abolished slavery and guaranteed every person equal protection of the law, the United States Supreme Court allowed a Jefferson City, Missouri, inn to refuse service to blacks. The Court later relied upon …
Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Recipe For Bias: An Empirical Look At The Interplay Between Institutional Incentives And Bounded Rationality In Prosecutorial Decision Making, A, Barbara O'Brien
Missouri Law Review
Prosecutors wield tremendous power, which is kept in check by a set of unique ethical obligations. In explaining why prosecutors sometimes fail to honor these multiple and arguably divergent obligations, scholars tend to fall into two schools of thought. The first schoolfocuses upon institutional incentives that promote abuses ofpower. These scholars implicitly treat the prosecutor as a rational actor who decides whether to comply with a rule based on an assessment of the expected costs and benefits of doing so. The second school focuses upon bounded human rationality, drawing on the teachings of cognitive science to argue that prosecutors transgress …
Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Complete Causes, Robert Steinbuch
Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Complete Causes, Robert Steinbuch
Missouri Law Review
This Article proposes that the AMA adopt rules governing restrictive covenants for doctors similar to those already adopted by the ABA for attorneys. The ABA's current rules allow for restrictive covenants in a limited number of situations - including restrictive covenants incident to the sale of a law practice - but specifically prohibit restrictive covenants as a condition to an employment agreement. The ABA's approach is nuanced and equitable. Both the underlying rationales and practical effects of the ABA's current rules governing non-compete clauses in the legal profession serve as persuasive justifications for adopting the same rules in the medical …
Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, The, Nancy M. Modesitt
Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, The, Nancy M. Modesitt
Missouri Law Review
Since the Supreme Court's 1984 Chevron decision, the primary responsibility for interpreting federal statutes has increasingly resided with federal agencies in the first instance rather than with the federal courts. In 2005, the Court reinforced this approach by deciding National Telecommunications Ass'n v. Brand X Internet Services, which legitimized the agency practice of interpreting federal statutes in a manner contrary to the federal courts' established interpretation, so long as the agency interpretation is entitled to deference under the well-established Chevron standard. In essence, agencies are free to disregard federal court precedent in these circumstances. This Article analyzes the question left …
Too Much Risk: The Impact Of Class Action Lawsuits On Claims Made Insurance Policies, Sean A. Smith
Too Much Risk: The Impact Of Class Action Lawsuits On Claims Made Insurance Policies, Sean A. Smith
Missouri Law Review
The dispute between H & R Block and its excess policy insurers presented the United States Court of Appeals for the Eighth Circuit with an issue of national first impression: does the existence of a series of class action lawsuits prior to the enactment of a claims made insurance policy make it reasonably foreseeable that similar future claims will be filed? 14 The Eighth Circuit's ultimate decision in H & R Block, Inc. v. American International Specialty Lines Insurance Co. will impact insurance coverage of major corporations nationally, in both the narrow context of the upcoming wave of lawsuits against …
Why The Supreme Court Has Fashioned Rules Of Standing Unique To The Establishment Clause, Carl H. Esbeck
Why The Supreme Court Has Fashioned Rules Of Standing Unique To The Establishment Clause, Carl H. Esbeck
Faculty Publications
The U.S. Supreme Court will hear oral argument this fall in Salazar v. Buono, No. 08-472, a matter that involves a Latin cross located in the Mojave National Preserve located in Southeastern California and operated by the National Park Service. First placed there as a memorial to American’s who served in WWI, this Christian symbol is said to violated the Establishment Clause of the First Amendment. Before reaching the merits, however, the Court must first pass on the question of standing to sue. The plaintiff, Frank Buono, is a former employee of the National Park Service and objects to the …
The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben
The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben
Faculty Publications
This article develops an approach for the empirical study of the news media’s impact on the conflict that it covers. While mass communications research has studied how the news media covers conflict, it has not taken the next step of assessing the impact of that coverage. This article contends that such an inquiry is necessarily an inter-disciplinary task, and joins conflict theory with mass communications research to identify the kinds of questions that may be empirically tested to determine whether the news media is having a constructive or destructive effect on the conflict that it covers.
Is Novelty Obsolete? Chronicling The Irrelevance Of The Invention Date In U.S. Patent Law, Dennis D. Crouch
Is Novelty Obsolete? Chronicling The Irrelevance Of The Invention Date In U.S. Patent Law, Dennis D. Crouch
Faculty Publications
This paper presents a normative study of patent applicant use of invention-date rights during ex parte prosecution.
Volume 33, Issue 2 (Fall 2009)
Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch
Nil: The Value Of Patents In A Major Crisis Such As An Influenza Pandemic, Dennis D. Crouch
Faculty Publications
This essay focuses on the role of patents in relation to a potential global crisis such as an influenza pandemic or other public health crisis. I argue that patent rights will be largely ignored during an epidemic and that any post-crisis compensation would likely be low when compared to traditional patent rewards or settlements entered under threat of injunctive relief. In some situations, such as use of a patented invention by a state or local government, a patentee may have no recourse. Part III of the essay raises a separate issue that stems from the relatively long time frame for …
In With The New, Out With The Old: Expanding The Scope Of Retroactive Amelioration, S. David Mitchell
In With The New, Out With The Old: Expanding The Scope Of Retroactive Amelioration, S. David Mitchell
Faculty Publications
The legislative decision to amend a statute and reduce a sentence but not to apply it retroactively to pending prosecutions or to finalized convictions is in accord with the principles of retroactivity, but contrary to legitimate goals of punishment, i.e. deterrence and retributivism. Genarlow Wilson, convicted at seventeen of aggravated child molestation, a felony, for consensual oral sex with a fifteen-year old classmate, was sentenced to a mandatory minimum of ten years. While his appeal was pending, the Georgia Legislature reclassified the conduct as a misdemeanor and reduced the sentence to a maximum of one year but decided not to …
Legal Writing: Sense And Nonsense, Douglas E. Abrams
Legal Writing: Sense And Nonsense, Douglas E. Abrams
Faculty Publications
No abstract provided.
Longmeyer Exposes Or Creates Uncertainty About The Duty To Inform Remainder Beneficiaries Of A Revocable Trust, David M. English, Turney P. Berry, Dana G. Fitzsimons Jr.
Longmeyer Exposes Or Creates Uncertainty About The Duty To Inform Remainder Beneficiaries Of A Revocable Trust, David M. English, Turney P. Berry, Dana G. Fitzsimons Jr.
Faculty Publications
This article discusses the surprising Longmeyer decision, handed down by the Supreme Court of Kentucky earlier this year in which a predecessor trustee was held to have a duty to give certain notifications to former remainder beneficiaries of a revocable trust. The authors then examine how Longmeyer might have been decided in other states and under other statutory schemes. The article concludes with observations concerning when certain notices to trust beneficiaries may be conducive to effective trust administration and suggestions to those who administer trusts on how best to comply with beneficiary notice requirements.
The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong
Faculty Publications
This article addresses a gap in the scholarly literature by comparing interpretive methodologies used by U.S. arbitrators to those used by international arbitrators to determine whether and to what extent U.S.-based class awards are enforceable outside the United States. Since many courts and arbitrators have claimed an analogy between consolidated and class arbitration, the article also considers whether such an analogy is appropriate as a matter of law and policy to identify whether the traditional disinclination to order consolidation can or should be extended to class proceedings. This second portion of the article is applicable to both domestic class arbitrations …
Collaboration: The Future Of Governance, Philip J. Harter
Collaboration: The Future Of Governance, Philip J. Harter
Journal of Dispute Resolution
The thesis of this paper is that collaboration-the public and private spheres working together while recognizing the legitimate role of each-should play a major role in making these important decisions. Can collaboration diminish the rancor? Certainly not on its own, but it can lead people to recognize that others are listening and trying to reach appropriate decisions. That alone has powerful political consequences.' Should the procedures described here be used for all public decisions? Of course not. But they should be considered for major ones precisely because they are effective, and a form of collaboration-a recognition that others have important …