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Articles 1 - 30 of 75
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance In Missouri , Bradley S. Hiles
Point: A Self-Evaluation Privilege Will Enhance Environmental Compliance In Missouri , Bradley S. Hiles
Journal of Environmental and Sustainability Law
No abstract provided.
Counterpoint: Environmental Audit Privilege Legislation: Secrecy And Forgiveness For Environmental Violators , Joseph P. Bindbeutel
Counterpoint: Environmental Audit Privilege Legislation: Secrecy And Forgiveness For Environmental Violators , Joseph P. Bindbeutel
Journal of Environmental and Sustainability Law
No abstract provided.
Proposed Methodology For Developing A Groundwater Classification System In Missouri , Greg Moldafsky
Proposed Methodology For Developing A Groundwater Classification System In Missouri , Greg Moldafsky
Journal of Environmental and Sustainability Law
No abstract provided.
Keys To Increasing Voluntary Cleanups In Missouri , George M. Von Stamwitz, Norella V. Huggins
Keys To Increasing Voluntary Cleanups In Missouri , George M. Von Stamwitz, Norella V. Huggins
Journal of Environmental and Sustainability Law
No abstract provided.
To Intervene Or Not To Intervene: The Right Of Non-Settling Prps To Intervene In Cercla Litigation. United States V. Union Electric Co. , Erick Roeder
To Intervene Or Not To Intervene: The Right Of Non-Settling Prps To Intervene In Cercla Litigation. United States V. Union Electric Co. , Erick Roeder
Journal of Environmental and Sustainability Law
No abstract provided.
Commerce Clause And Flow-Control: The Problems Of Regulating The Importation Of Solid Waste. National Solid Wastes Management Association V. Meyer, Rebecca Tenbrook
Commerce Clause And Flow-Control: The Problems Of Regulating The Importation Of Solid Waste. National Solid Wastes Management Association V. Meyer, Rebecca Tenbrook
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Cable Television, New Technologies And The First Amendment After Turner Broadcasting System, Inc. V. F.C.C., Erik Forde Ugland
Cable Television, New Technologies And The First Amendment After Turner Broadcasting System, Inc. V. F.C.C., Erik Forde Ugland
Missouri Law Review
From the moment it emerged as an independently viable communications medium, the cable television industry has been forced to operate within the shadow of regulatory oversight. With passage of the Cable Television Consumer Protection and Competition Act of 1992,' and judicial endorsement of much of that legislation in Turner BroadcastingSystem, Inc. v. F.C.C., cable's future rests squarely in the hands of the federal government. Congress, with some help from the Supreme Court, has made it clear that any blueprints for the future of the nation's communications infrastructure will have to pass through Washington. This article is divided into four parts. …
Duty Of Mental Health Care Providers To Restrain Their Patients Or Warn Third Parties, The, Timothy E. Gammon, John K. Hulston
Duty Of Mental Health Care Providers To Restrain Their Patients Or Warn Third Parties, The, Timothy E. Gammon, John K. Hulston
Missouri Law Review
When should liability be imposed upon those who fail to prevent injury or ring the alarm bell? This article addresses two well worn and hotly debated issues from a Missouri perspective. First, should physicians, other mental health care providers, mental health care hospitals, and other facilities be liable for either: (1) the failure to restrain a patient, or (2) the release of a patient who subsequently injures an individual member of the general public? Second, should there be liability for failure to warn specific third persons, members of law enforcement, other officials, or the public generally in such situations?
Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose
Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose
Missouri Law Review
Individual rights have become increasingly important in this country in the past few decades. University campuses across the country form part of the current bedrock of this movement. Therefore, it should come as no surprise that public universities,' the closest representative of the government to college students, are the subject of much of the pressure to enact rules protecting the rights, viewpoints, and actions of minority members of society. Universities originally intended that nondiscrimination clauses ensure student groups recognized by the university did not exercise improper prejudices based on gender, nationality, or religious belief. Recently, however, the gay rights movement …
Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson
Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties Interests And The Federal Tax Lien, Steve R. Johnson
Missouri Law Review
This rule-the tenancy-by-the-entireties bar to tax collection-is unsound. It inadequately reconciles the interests at stake, and it is inconsistent with the modem understanding of the nature and reach of the federal tax lien.This article recommends that the bar be abrogated. In place of the old rule, the article proposes that the federal tax lien should attach to entireties property, but only to the extent of the lesser of (1) the debtor tenant's tax liabilities or (2) the value of the debtor tenant's interest in the property. The article has five parts. Part I describes the origins of the entireties bar …
Five Decades Of Explanation And Evolution, Yet The Rule Appears Unchanged: Missouri's Points Relied On Rule, Paula R. Hicks
Five Decades Of Explanation And Evolution, Yet The Rule Appears Unchanged: Missouri's Points Relied On Rule, Paula R. Hicks
Missouri Law Review
Missouri Supreme Court Rule 84.04(d) provides that appellate briefs must contain "points relied on," the purpose of which is to inform the court and the party-opponent of the specific issues of the case. Despite the efforts of the courts, many attorneys have continued to make the same errors, which has often resulted in the dismissal of individual points relied on, and sometimes the dismissal of entire appeals.' This note suggests that incorporating five decades of case law into the language of Rule 84.04(d) would give practitioners better notice of the rule's requirements, which would lead to fewer violations of those …
Eleventh Amendment: A Move Towards Simplicity In The Test For Immunity, Jennifer A. Winking
Eleventh Amendment: A Move Towards Simplicity In The Test For Immunity, Jennifer A. Winking
Missouri Law Review
The Eleventh Amendment was ratified in response to Chisholm v. Georgia, which held that the language of Article III, § 2 makes a state amenable to suit in federal court by citizens of another state.' By its express terms, Eleventh Amendment immunity is only available to states being sued by citizens of other states.' Since its enactment some two centuries ago, the Amendment has been interpreted to extend to a state being sued by its own citizens and to agencies which constitute an arm-of-the- state. This note examines the Supreme Court's restatement of the test for immunity and its impact …
Protection For Employee Whistleblowers Under The Fair Labor Standards Act And Missouri's Public Policy Exception: What Happens If The Employee Never Whistled , Jeff Le Riche
Missouri Law Review
The Fair Labor Standards Act ("FLSA") was implemented by Congress in 1938 in an attempt to assure most workers of an adequate minimum wage and payment for overtime work. FLSA § 15(a)(3) was enacted to protect employees from retaliatory discharges based upon the reporting of violations of the substantive FLSA provisions In Saffels v. Rice, the Court of Appeals for the Eighth Circuit extended protection to employees who were dismissed based on the employer's mistaken belief the employee reported violations of the law to the authorities based on both FLSA § 15(a)(3) and Missouri's commonlaw public policy exception to the …
Death Of Res Gestae And Other Developments In Missouri Hearsay Law, The, Amanda Bartlett Mook
Death Of Res Gestae And Other Developments In Missouri Hearsay Law, The, Amanda Bartlett Mook
Missouri Law Review
Res gestae is a Latin term that has had many meanings in American courts. Courts have used it when referring to a variety of hearsay exceptions, such as the excited utterance exception, the present sense impression exception, the verbal part of the act doctrine, and statements of mental or physical condition. In Bynote v. National Super Markets ,Inc., the Missouri Supreme Court determined that the use of the term res gestae should be abandoned in favor of the specific hearsay exceptions it has covered. The court also held that any requirement of executive capacity to meet the vicarious admission of …
Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson
Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson
Journal of Dispute Resolution
Professor Woodley's article is an excellent overview of the issues relating to Summary Jury Trials and offers a menu of sound proposals for their solution. This article is written from the perspective of a trial judge and recommends procedures and case selection criteria found to be effective in the trial arena. A careful reader will note that many of the proposals discussed herein are included in Professor Woodley's article because the undersigned participated in her canvass of judges on the subject.
We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith
We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith
Journal of Dispute Resolution
Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices to deal with …
Is Arbitration Final & (And) Binding - Public Policy Says, Not Necessarily - Exxon Shipping Company V. Exxon Seamen's Union, Todd M. Siegel
Is Arbitration Final & (And) Binding - Public Policy Says, Not Necessarily - Exxon Shipping Company V. Exxon Seamen's Union, Todd M. Siegel
Journal of Dispute Resolution
In the realm of employment law, management and labor unions enter in collective bargaining agreements to establish employment terms including wages, hours, benefits and grievance procedures.' A typical grievance procedure provides that labor disputes will be resolved through arbitration. Courts are encouraged to defer to collective bargaining agreements. When disputes arise, employees and employers attempt to resolve matters themselves, and if this fails, labor unions intervene and submit grievances to arbitration. Generally, an arbitrator's decision is final and binding, but in limited circumstances the matter is ultimately litigated. One such limited circumstance arose when the courts developed a public policy …
Summary Jury Trial - A Caution, Avern Cohn
Summary Jury Trial - A Caution, Avern Cohn
Journal of Dispute Resolution
My experience with summary jury trials as a settlement device, as well as a poll of my colleagues in the Eastern District of Michigan, suggests the drawbacks of summary jury trials outweigh the benefits. Additionally, a decision regarding the worth of summary jury trial as a dispute resolution mechanism, particularly over the objections of a party, should be suspended until the Rand Corporation's Institute for Civil Justice reports to Congress on its evaluation of Civil Justice Reform Act initiatives with regard to alternate dispute resolution procedures in federal district courts.
Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley
Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley
Journal of Dispute Resolution
The discussion below is divided into four parts. Part II is a background section describing the summary jury trial process and its intended benefits, as well as briefly identifying the five litigated issues and basic uncertainties discussed here. Part III describes the five litigated issues and basic uncertainties in detail, describes how judges have attempted to deal with them, and discusses potential solutions. Part IV contains specific statutory language embodying the proposed solutions. And, finally, Part V offers a brief conclusion
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Journal of Dispute Resolution
The Uniform Arbitration Act is an annual project of the Journal of Dispute Resolution.2 The project examines court opinions from the past year which have interpreted state versions of the Uniform Arbitration Act ("U.A.A.").' Currently, thirty-four states and the District of Columbia have adopted arbitration statutes based on the U.A.A.' The goal of the Journal of Dispute Resolution in creating this project is to promote uniformity in interpretation of the U.A.A. by describing the decisions and rationales of recent court opinions.
Federal Arbitration Act And Section 2'S Involving Commerce Requirement: The Final Step Towards Complete Federal Preemption Over State Law And Policy - Allied-Bruce Terminix V. Dobson, The, Isham R. Jones Iii
Journal of Dispute Resolution
In 1609, Lord Coke held agreements to arbitrate revocable at will at any time prior to the issuance of an award.' For three-hundred years following Lord Coke's decision, a similar mindset pervaded the judicial psyche of both England and the United States, requiring legislative action to overcome the dilemma.' Even after the enactment of the Federal Arbitration Act ("FAA" or "Act"), passed by Congress to combat judicial hostility to arbitration, courts continued to jealously guard their jurisdiction from non-traditional dispute resolution forums.4 Under Section 2 of the FAA, courts must enforce agreements to arbitrate contained in contracts which evidence a …
Mandatory Arbitration And Title Vii: Can Employees Ever See Their Rights Vindicated Through Statutory Causes Of Action - Metz V. Merrill Lynch, Pierce, Fenner & (And) Smith, Penelope Hopper
Journal of Dispute Resolution
Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress has granted American employees an increased number of potential statutory causes of action. At the same time, litigation has decreased. with a rise in the popularity of alternative dispute resolution.' Thus, it is no surprise that many modem employment contracts require employees to stipulate a dispute resolution forum through which any future legal conflict may be resolved, usually at the bequest of the prospective employer. The legal trend is to enforce mandatory arbitration and mediation clauses when a statutory cause of action is at …
Standing Alone: Standing Under The Fair Housing Act, Michael E. Rosman
Standing Alone: Standing Under The Fair Housing Act, Michael E. Rosman
Missouri Law Review
In 1980, one of the leading authorities on housing law noted that the Supreme Court had been "especially active" in the 1970's in addressing standing problems in cases with allegations of housing discrimination;' indeed, he wrote that "standing problems in fair housing cases seem to have grown out of all proportion to their proper place in this field. Part I of this article reviews the general principles of standing as they have been enunciated in the last few decades by the Supreme Court. Part II examines the analysis of the "injury" requirement in Ragin v. Harry Macklowe, and points out …
Future Of The Federal Courts, The, Richard S. Arnold
Future Of The Federal Courts, The, Richard S. Arnold
Missouri Law Review
Richard Arnold in this article talks about the future of the Federal courts, how overwhelmed the courts have been with appeals cases, and how to minimize that number.
Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein
Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein
Missouri Law Review
On December 8, 1993, a Cook County, Illinois, grand jury returned an indictment' charging Harry Aleman, a reputed crime syndicate assassin, with the murder of William Logan, a truck dispatcher and Teamsters union steward, who was shot to death outside his home in Chicago in 1972. The reprosecution of Harry Aleman raises an interesting question concerning the effect under the Double Jeopardy Clause of an acquittal resulting from fraud. This article examines that question and concludes that the safeguard against double jeopardy prevents the government from retrying an individual following her acquittal for the same offense, even though that acquittal …