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- Table of Contents - Issue 4 (2)
Articles 1 - 30 of 47
Full-Text Articles in Law
The Path To Antitrust Success Against The Ncaa Is More Limited Than You Think, Keith Starr
The Path To Antitrust Success Against The Ncaa Is More Limited Than You Think, Keith Starr
Missouri Law Review
The National Collegiate Athletic Association (“NCAA”) has recently run into a bit of an antitrust problem. Although the NCAA has been challenged by parties claiming antitrust injury in the past, it has never before seen the onslaught of antitrust attacks currently pending against it. Further complicating the matter is that applying the federal antitrust laws to the NCAA’s more restrictive rules and regulations is judicially-uncharted territory. In Part II, this Law Summary provides a brief background on the federal antitrust laws and how they have previously applied to the NCAA. In Part III, this Summary discusses some of the more …
Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff
Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff
Missouri Law Review
As law became more of a publicly traded commodity in the 1990s, courts, including the Supreme Court of Missouri, began to hire public information officers. It may strike you as odd, when you think about it, as to why a court that communicates with words would need someone assigned to explain to the wordsmiths of the media – and sometimes to the public itself – what judges meant by the collections of words in their judicial opinions. But today, we take it for granted that public information officers are essential to the operation of a state supreme court, and although …
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Missouri Law Review
This Note discusses the legal doctrine of personal jurisdiction over out of-state parties in Missouri and how the instant case fits within that regime. It also offers guidance for out-of-state parties conducting business in Missouri, as well as Missouri parties dealing with out-of-state corporations, suggesting ways in which businesses can structure their arrangements to ensure specific forums should litigation become necessary.
The Art, Craft, And Future Of Legal Journalism: A Tribute To Anthony Lewis , Richard C. Reuben
The Art, Craft, And Future Of Legal Journalism: A Tribute To Anthony Lewis , Richard C. Reuben
Missouri Law Review
In the modern era, few performed this function better than Anthony Lewis, the legendary U.S. Supreme Court reporter and columnist for The New York Times, who died in March 2013. A pioneer in the coverage of law and the courts, Lewis is widely credited with being one of the founders of contemporary legal journalism. Through a remarkable career that included two Pulitzer Prizes and five books, Lewis taught by example a generation of journalists how to cover the law with accuracy, insight, perspective, and passion. While the law can often be dry and technical, and cases idiosyncratic, Lewis showed legal …
Press Freedom And Coverage In The U.S. And Kosovo: A Series Of Comparisons And Recommendations, Ben Holden
Press Freedom And Coverage In The U.S. And Kosovo: A Series Of Comparisons And Recommendations, Ben Holden
Missouri Law Review
The Republic of Kosovo was created from the southernmost section of the former Yugoslavia by American military intervention and subsequent worldwide humanitarian guidance between 1999 and 2008. The resulting nation (which Russia, China, and others do not recognize) was born with one of the most pro-speech and press-friendly constitutions in the world. This Article compares and contrasts four press freedoms in the U.S. and Kosovo: (1) censorship and liability for publication of “truthful” speech; (2) liability for media errors; (3) shield laws; and (4) transparency in courts and records. Where the law and social mores of Kosovo are silent, recommendations …
Institutionalizing Press Relations At The Supreme Court: The Origins Of The Public Information Office, Jonathan Peters
Institutionalizing Press Relations At The Supreme Court: The Origins Of The Public Information Office, Jonathan Peters
Missouri Law Review
At the U.S. Supreme Court, the press is the primary link between the justices and the public, and the Public Information Office (“PIO”) is the primary link between the justices and the press. This Article explores the story of the PIO’s origins, providing the most complete account to date of its early history. That story is anchored by the major events of several eras – from the Great Depression policymaking of the 1930s to the social and political upheaval of the 1970s. It is also defined by the three men who built and shaped the office in the course of …
Anthony Lewis: Pioneer In The Court’S Pressroom, Lyle Denniston
Anthony Lewis: Pioneer In The Court’S Pressroom, Lyle Denniston
Missouri Law Review
Journalists, whether they know it or not, and whether or not they would admit it, are profoundly influenced by the eras in which they live and by the ideas which make up their daily news conversation. Tony Lewis was America’s witness to “the Warren Court,” and it forever made him a believing liberal. (He may have been the only reporter covering the Supreme Court who would have understood why that Court was “liberal” rather than “progressive,” which is the more fashionable word for what passes for liberalism today with its strong echoes of early twentieth century progressivism.)
The Rigorous Romantic: Anthony Lewis On The Supreme Court Beat, Linda Greenhouse
The Rigorous Romantic: Anthony Lewis On The Supreme Court Beat, Linda Greenhouse
Missouri Law Review
Tony Lewis called himself “a romantic about the Supreme Court.” If he had not been a romantic when he took up the beat for the New York Times in 1957, he surely would have become one as, for the next seven years, he chronicled the Warren Court’s progressive constitutional revolution at the peak of its energy and transformative power. To list just some of the landmark opinions the Court issued during those seven years is to prove the point: Cooper v. Aaron, Mapp v. Ohio, Baker v. Carr, Engel v. Vitale, Gideon v. Wainwright, Brady v. Maryland, School District of …
Anthony Lewis: What He Learned At Harvard Law School, Lincoln Caplan
Anthony Lewis: What He Learned At Harvard Law School, Lincoln Caplan
Missouri Law Review
Anthony Lewis was a columnist for The New York Times for the unusually long tenure of thirty-two years. When he retired in 2001 at the age of seventy-four, Bill Clinton awarded him the Presidential Citizens Medal for setting “the highest standard of journalistic ethics and excellence” and for being “a clear and courageous voice for democracy and justice.” Lewis ended his last column by paraphrasing one of his heroes: “The most important office in a democracy, Justice Louis Brandeis said, is the office of citizen.” Lewis’ point was that the American commitment to the rule of law and the belief …
A Tiger With No Teeth: The Case For Fee Shifting In State Public Records Law, Heath Hooper, Charles N. Davis
A Tiger With No Teeth: The Case For Fee Shifting In State Public Records Law, Heath Hooper, Charles N. Davis
Missouri Law Review
A federal lawsuit filed against the city of Columbia, Missouri, alleging police brutality seemed destined for headlines in 2010. At its core was an incident in which a routine traffic stop for a broken taillight erupted into a “fracas” in which police allegedly both tased and beat a man and threw a woman to the ground. A Columbia Daily Tribune reporter following the case filed a public records request for any documents concerning the incident. A police spokesperson contacted him days later to let him know the records were ready for pickup.
Anthony Lewis, Dahlia Lithwick
Anthony Lewis, Dahlia Lithwick
Missouri Law Review
Tony Lewis changed everything about Supreme Court reporting. He changed everything because he inserted himself directly into the conversation between the Justices of the Supreme Court and the American public. He wasn’t writing for the constitutional scholars; he wasn’t writing for the history books (although he might have been) and he wasn’t writing to impress the justices (although he did). Instead, Lewis was a translator, an ambassador, who in the Warren Court era fashioned himself as the People’s Solicitor General; he was the advocate for the little guy before the high court, and an advocate to his readers about what …
Setting The Docket: News Media Coverage Of Our Courts – Past, Present And An Uncertain Future, Gene Policinski
Setting The Docket: News Media Coverage Of Our Courts – Past, Present And An Uncertain Future, Gene Policinski
Missouri Law Review
News reporting on the business of the courts and judiciary has a long history – and an uncertain future. Reporting on the courts has changed with the times, technology and tastes of the American press and of the public – the latter being the ultimate target of reports on the functions and the institution of our judicial system. News coverage of judicial proceedings at all levels, nationwide, may well have peaked – in quantity, quality and reach – in the early 1990s, when a declining economy kicked off dramatic cutbacks in newspaper news staffing, reductions later amplified by the drop …
As Today’S Tony Lewises Disappear, Courts Fill Void, David A. Sellers
As Today’S Tony Lewises Disappear, Courts Fill Void, David A. Sellers
Missouri Law Review
Tony was a gifted writer, who covered one of the most challenging beats in Washington. His nine “news makers” were not generally accessible to journalists, and their work product was not easily decipherable. Yet Tony made the Supreme Court both understandable and relevant to his readers. Regrettably, the number of journalists who cover courts today, let alone those who write with Tony’s insight and clarity, is very small and rapidly declining. Any number of reports, most notably, the annual State of the News Media by the Project for Excellence in Journalism (“PEJ”), chronicles the shrinking newspaper newsroom workforce, which in …
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Missouri Law Review
This Comment examines the navigator program in the ACA and the political and legal issues surrounding state navigator licensure laws. To provide context, Part I outlines the legislative and legal background of the ACA at the federal level and in Missouri. Going into more detail on the navigator program, Part II first examines the federal regulations as they relate to the requirements of exchanges, the types and functions of consumer assistance programs, and the role of insurance agents and brokers. Part II then analyzes Missouri’s state navigator licensure law and regulation.
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Missouri Law Review
A recent decision from the Supreme Court of Missouri, In re Austin, held that victims of substantiated child abuse are reasonably ascertainable creditors. The practical effect of Austin is to afford victims of substantiated child abuse an extra six months to file claims against the estate of his or her abuser. While this decision is a small victory for victims of sexual abuse, the facts in Austin raise controversial questions about whether the unique circumstances surrounding claims of childhood sexual abuse warrant an exception to the one-year claim bar against a decedent’s estate. This Note begins with an exploration of …
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Missouri Law Review
Part II gives a brief background of the facts and circumstances surrounding the Hart decision. Part III discusses the history of the Eighth Amendment and explores the U.S. Supreme Court’s trend toward leniency in the imposition of punishments, culminating with a discussion of the Miller decision. Part IV delves into the Supreme Court of Missouri’s reasoning behind its decision in Hart and the temporary sentencing procedures the court provided. Finally, Part V comments on the many problems currently facing Missouri’s criminal justice system since the implementation of the Miller decision and the actions that will be required by the legislature …
Anthony Lewis And The First Amendment, Adam Liptak
Anthony Lewis And The First Amendment, Adam Liptak
Missouri Law Review
It is a great privilege to be with you today to celebrate the life and work of Anthony Lewis who created modern legal journalism. I thought I would try to do three things today to help us think about Tony’s legacy. One is to sketch out what made Tony such a giant. A second is to reflect for a minute on the state of the modern Supreme Court press corps, which he essentially founded. And a third is to consider a topic Tony returned to again and again in his articles, columns and books: the role of the press in …
Legal Journalism Today: Change Or Die, Howard Mintz
Legal Journalism Today: Change Or Die, Howard Mintz
Missouri Law Review
Several years ago, I was a guest speaker for a media and law class at San Jose State University, volunteering my expertise as a legal journalist with a couple decades under my belt of covering courts and law. As I went through my usual dialogue, describing some of the newfound challenges of being a journalist in this brave new digital world, one of the students piped in about Twitter, which at the time was an emerging phenomenon that I frankly considered a mind-numbing threat to intelligent reporting with the shelf life of the Pet Rock (an obsolete cultural reference that …
Stand With Sam: Missouri, Survivor Benefits, And Discrimination Against Same-Sex Couples, Lesley A. Hall
Stand With Sam: Missouri, Survivor Benefits, And Discrimination Against Same-Sex Couples, Lesley A. Hall
Missouri Law Review
In Glossip v. Missouri Department of Transportation and Highway Patrol Employees’ Retirement System, the Supreme Court of Missouri perpetuated these fears. The court refused to identify sexual orientation as a classification worthy of heightened or “intermediate” equal protection scrutiny, signaling to Missourians that homosexuality is still something to discount, fear, and hide. The holding also erroneously deprived Kelly Glossip of Corporal Engelhard’s survivor benefits after Engelhard, his partner of many years, was killed in the line of duty. This Note discusses the resolution of this case and analyzes why the court’s holding demonstrates a regressive step for gays and lesbians …
In Defense Of Disparate Impact: Urban Redevelopment And The Supreme Court’S Recent Interest In The Fair Housing Act, Valerie Schneider
In Defense Of Disparate Impact: Urban Redevelopment And The Supreme Court’S Recent Interest In The Fair Housing Act, Valerie Schneider
Missouri Law Review
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of the …
Takings Care Of Business: Using Eminent Domain For Solely Economic Development Purposes, Garreth Cooksey
Takings Care Of Business: Using Eminent Domain For Solely Economic Development Purposes, Garreth Cooksey
Missouri Law Review
The controversial ruling in the case of Kelo v. City of New London, Connecticut was an impetus for a nationwide discourse on eminent domain reform. Most of the public strongly condemned Kelo, which allowed the city of New London, Connecticut, to strip Susette Kelo of her home for the development of a Pfizer plant. Political fallout from Kelo ushered in a surge of state legislation that restrained the taking of private property by eminent domain. Some states completely banned condemnation for economic development and for blight. Missouri, like several other states, took a less strict route and banned eminent domain …
Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard
Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard
Missouri Law Review
This Note first discusses the Breitenfeld decision and then explores the prior cases and legislation leading up to the Breitenfeld decision. In discussing Breitenfeld, this Note describes how the transfer law will affect transferred students, unaccredited districts forced to pay tuition, accredited districts forced to accept transfer students, and the public school accreditation system in Missouri. Finally, this Note proposes that because the adverse consequences outweigh the benefits of the law, action must be taken so that unaccredited school districts can have a fighting chance to become accredited again. Legislative change is necessary because a solution is not forthcoming from …
Two Tests Of Severance: Procedural And Substantive Constitutional Violations And The Legislative Process In Missouri, Jonathon Whitfield
Two Tests Of Severance: Procedural And Substantive Constitutional Violations And The Legislative Process In Missouri, Jonathon Whitfield
Missouri Law Review
This Note argues that severance is justified in two situations. First, severance is justified where authorized by the legislature. Alternatively, severance is justified when innocent third parties rely on the passage and implementation of a law in good faith, and invalidation of the law would have collateral effects that outweigh the need to ensure consistent legislative practice. Part II of this Note analyzes the facts and holding of Missouri Roundtable. Part III explores the development of severance as a remedy for procedural constitutional violations, particularly in the context of the single-subject rule. Part IV examines the court’s rationale in Missouri …
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri And The Charter School Puzzle: A Story With An Uncertain Ending, Jillian Dent
Missouri Law Review
Education and education reform are often at the forefront of the public consciousness. Currently, three large public school systems in Missouri are at a crossroads: Kansas City Public Schools, which became unaccredited in 2012; the Normandy and Riverview Gardens School Districts of St. Louis, which were re-classified as unaccredited in 2013; and St. Louis Public Schools, whose provisional accreditation was in question after 2013 test results. The education systems in Missouri’s two largest cities, the lifeblood of the state, are in varying states of accreditation, and a looming question, with recent cases such as Breitenfeld v. School District of Clayton, …
Arrestee Number Two, Who Are You? Suspicionless Dna Testing Of Pre-Trial Arrestees And The Fourth Amendment Implications, Lesley A. Hall
Arrestee Number Two, Who Are You? Suspicionless Dna Testing Of Pre-Trial Arrestees And The Fourth Amendment Implications, Lesley A. Hall
Missouri Law Review
This Note discusses the resolution of that constitutional battle, Maryland v. King, where the U.S. Supreme Court held that DNA testing of pre-trial arrestees was reasonable under the Fourth Amendment as a routine booking procedure. The Court also held that DNA testing’s use for arrestee identification permitted its use as a tool to investigate suspicionless crimes. Part II analyzes the facts and holding of Maryland v. King. Part III discusses Fourth Amendment jurisprudence, including court-established tests used to ascertain whether a particular search is reasonable. Part IV examines the United States Supreme Court’s rationale in King, including Justice Scalia’s dissent, …
“We Buy Houses”: Market Heroes Or Criminals?, Cori Harvey
“We Buy Houses”: Market Heroes Or Criminals?, Cori Harvey
Missouri Law Review
The residential sale/leaseback/buyback (“RSLB”) transaction is a socially beneficial foreclosure rescue transaction that is being regulated increasingly by the criminal courts to the detriment of the homeowners, investors, and society at large. Because the transaction is being regulated more aggressively with the criminal law, peculiar outcomes arise, which include investors being sentenced, in some cases, to draconian sentences – a trend that will eviscerate the transactions rather than improving them.
Fighting Hidden Discrimination: Disparate Impact Claims Under The Fair Housing Act, Sean Milford
Fighting Hidden Discrimination: Disparate Impact Claims Under The Fair Housing Act, Sean Milford
Missouri Law Review
This Note will provide a brief overview of the history of disparate impact claims under the FHA and outline why they are an important tool in fighting housing discrimination in the United States. The ruling of the Third Circuit preserves this important tool and will help to protect minority homeowners from future discriminatory redevelopment of their neighborhoods. The parties settled this case on November 13, 2013, before the Supreme Court could rule on its merits. Should the Supreme Court hold in a future case that disparate impact claims are not cognizable under the FHA the Court would strike a serious …
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Defending The Guilty: Lawyer Ethics In The Movies, J. Thomas Sullivan
Missouri Law Review
For many, Attorney Atticus Finch’s (Gregory Peck) representation of an innocent African-American accused of rape by a Southern white woman in Depression-era Alabama by the town’s most imposing citizen, in To Kill a Mockingbird, represents the consummate portrayal of the lawyer’s discharge of his ethical duty to his client. Tom Robinson (Brock Peters) is falsely accused of rape by Mayella Violet Ewell (Collin Wilcox), the daughter of a lower-class, white bigot, Bob Ewell (James Anderson), who caught her at tempting to physically seduce Robinson, an African-American. The Ewells, clearly influenced by the father’s racial hatred, address Mayella’s unacceptable sexual appetite …