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Articles 1 - 19 of 19
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The Federalist Regulation Of Privacy: The Happy Incidents Of State Regulatory Activity And Costs Of Preemptive Federal Action, Henry Adams
Missouri Law Review
The impact of society’s digital integration is difficult to articulate. It suffices to say much of our lives are now digitized, and digital technologies have yielded immeasurable benefits to the individual and society at large. Change heralds challenge, and the digital paradigm-shift has brought challenges of comparable numerosity and magnitude. Privacy is at the forefront of those challenges. In recent years, the digital industry has been subject to increased scrutiny over the rising number of privacy scandals and perceived market failures related to the collection and use of individuals’ personal information. New technologies, market developments, and increases in public attention …
Rfra Rights Revisited: Substantial Burdens, Judicial Competence, And The Religious Nonprofit Cases, Scott W. Gaylord
Rfra Rights Revisited: Substantial Burdens, Judicial Competence, And The Religious Nonprofit Cases, Scott W. Gaylord
Missouri Law Review
This Article contends that on remand, the circuit majority should join the Eighth Circuit and uphold the right of religious nonprofits to forego the notice required under the Accommodation. Contrary to the majority’s claim, Hobby Lobby and Holt v. Hobbs preclude courts from deciding whether the ACA (or any other statute) actually burdens a religious adherent’s sincerely held beliefs. Although, as Chief Justice Marshall famously declared, “it is emphatically the province and duty of the judicial department to declare what the law is,” courts lack the authority and competence to declare what the religious commitments of a faith are and …
Bowman V. Monsanto Co.: A Bellwether For The Emerging Issue Of Patentable Self-Replicating Technologies And Inadvertent Infringement, Christopher M. Holman
Bowman V. Monsanto Co.: A Bellwether For The Emerging Issue Of Patentable Self-Replicating Technologies And Inadvertent Infringement, Christopher M. Holman
Missouri Law Review
The inherent tendency of patented seeds to self-replicate has led to fears that farmers might face liability for inadvertent patent infringement. To address the perceived problem, some have proposed severely limiting the availability of effective patent protection for self-replicating technologies. Typical examples include denying patent rights to “second generation” selfreplicating products, and even broadly declaring such technologies ineligible for patent protection. The fact is, lawsuits against inadvertently infringing farmers remain of largely hypothetical concern. However, changes in the market could soon render such lawsuits a reality. In addressing the resulting policy concerns, Congress and the courts have at their disposal …
Class Warfare: The Eighth Circuit Clamps Down On Consumer Class Actions Under Rule 23(B)(3), Caleb Wagner
Class Warfare: The Eighth Circuit Clamps Down On Consumer Class Actions Under Rule 23(B)(3), Caleb Wagner
Missouri Law Review
This Note will discuss a lawsuit, brought on behalf of North Dakota insurance policyholders, which challenged a scheme by their insurance company to reduce payments on medical claims. Though the trial court allowed the suit to proceed as a class action, the Eighth Circuit found this decision improper and ruled that the class must be decertified.4 In doing so, the Eighth Circuit did not merely apply the recent Supreme Court rulings disfavoring class actions but also extended them. This Note will argue that these precedents should instead be narrowly construed so that the goals of class litigation may be achieved.
Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance
Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance
Missouri Law Review
This Note will examine the status of the “arising out of and in the course of employment” requirement after Johme. Part II begins with an analysis of the facts and holding of Johme. Next, Part III synthesizes the background of workers’ compensation laws in Missouri, including the establishment of the workers’ compensation system, the development of the personal comfort doctrine, the 2005 statutory revisions, and two post-2005 cases interpreting the changes. Part IV outlines the court’s rationale in deciding Johme. Finally, Part V discusses the impact of Johme on the “arising out of and in the course of employment” requirement. …
Strict In Theory, But Accommodating In Fact, Ozan O. Varol
Strict In Theory, But Accommodating In Fact, Ozan O. Varol
Missouri Law Review
As law students quickly learn, the strict-scrutiny test governs challenges under the Equal Protection Clause to the government's use of suspect classifications and infringement on certain fundamental rights. To survive strict scrutiny, the government bears the heavy burden of showing a compelling interest in drawing a suspect classification or infringing on a fundamental right and narrowly tailored means to achieve that interest. Over the years, strict scrutiny has expanded to serve as a bulwark against government intrusions on many fundamental rights and liberties in the United States Constitution - including the right to vote, marry, access the courts, and freedom …
Common Law Misappropriation In The Digital Era, Dale P. Olson
Common Law Misappropriation In The Digital Era, Dale P. Olson
Missouri Law Review
Information is often valuable and when publicly disclosed may be difficult to protect or control.' Such information, whether in the form of data or a product configuration, unless it can be exploited while keeping it secret,2 is accordingly susceptible to copying by competitors absent legal protection. The law, however, has not provided a framework that supplements the armamentarium of federal intellectual property law3 because the protection authorized by federal constitutional limits also thrust works into the public domain. The evolving technological developments which permit the effectively instantaneous transmission of information, as well as the inexpensive copying of trade values in …
New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner
New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner
Missouri Law Review
Between 1917 and 1923 over 800 women worked for the United States Radium Corporation ("USRC") in Orange, New Jersey handpainting wrist-watch faces with a substance made luminescent by radioactive materials. While these workers were exposed to injurious, even mortal, levels of radiation, less than a dozen received any compensation for their injuries. These features compounded the workers' legal problems once they entered the formal legal system by dramatically complicating attempts to prove causation, by raising the specter of the statute of limitations defense, and by playing a major role in the settlement negotiation process. As a consequence, even when some …
Abandoning Copyrights To Try To Cut Off Termination Rights, Robert A. Kreiss
Abandoning Copyrights To Try To Cut Off Termination Rights, Robert A. Kreiss
Missouri Law Review
Can a copyright assignee cut off an author's termination rights by abandoning the copyrights in a copyrighted work? Can an assignee or grantee circumvent the termination rights by requiring the author to abandon her contingent reversionary rights, or by structuring the grant as a grant for a term of years and requiring the author to abandon the reversion? Because these may appear to be unlikely questions, some context should be added in order to make them seem more likely.
Prospectus On The Legislative Response To Medical Waste, A , David Randolph Mercer
Prospectus On The Legislative Response To Medical Waste, A , David Randolph Mercer
Missouri Law Review
No abstract provided.
Copyright Protection For Computer Software After Whelan Associates V. Jaslow Dental Laboratory, Wm. David Taylor Iii
Copyright Protection For Computer Software After Whelan Associates V. Jaslow Dental Laboratory, Wm. David Taylor Iii
Missouri Law Review
No abstract provided.
Proof Of Physical Child Abuse, John E. B. Myers, Linda E. Carter
Proof Of Physical Child Abuse, John E. B. Myers, Linda E. Carter
Missouri Law Review
No abstract provided.
Earl F. Nelson Lecture: Law, Technology, And Liberty, Lee Loevinger
Earl F. Nelson Lecture: Law, Technology, And Liberty, Lee Loevinger
Missouri Law Review
No abstract provided.
Analysis Of The Missouri Narcotic Drug Laws, An, Roy F. Proffitt
Analysis Of The Missouri Narcotic Drug Laws, An, Roy F. Proffitt
Missouri Law Review
No abstract provided.
Qualities Of The Reasonable Man In Negligence Cases, The, Fleming James Jr.
Qualities Of The Reasonable Man In Negligence Cases, The, Fleming James Jr.
Missouri Law Review
No abstract provided.
Doctrine Of Precedents And Public Service Commissions, The, William H. Pittman
Doctrine Of Precedents And Public Service Commissions, The, William H. Pittman
Missouri Law Review
No abstract provided.
Legal Protection Of Ideas, James C. Logan
Work Of The Missouri Supreme Court For The Year 1936
Work Of The Missouri Supreme Court For The Year 1936
Missouri Law Review
No abstract provided.