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Articles 31 - 60 of 75
Full-Text Articles in Law
Surviving Enhanced Judicial Scrutiny Of Directors' Decisions--Reaching The Protection Of The Business Judgment Rule, Terry M. Jarrett
Surviving Enhanced Judicial Scrutiny Of Directors' Decisions--Reaching The Protection Of The Business Judgment Rule, Terry M. Jarrett
Missouri Law Review
In the merger and acquisition craze of the 1980's, it became increasingly apparent that shareholders needed protection from directors who were not always acting in the best interests of the corporation. This note traces the history of the enhanced judicial scrutiny doctrine and explores the difficulty boards of directors face in characterizing and analyzing the myriad of transactions and events which may occur in a merger or sale scenario. Then, possible courses of action such boards may take to protect themselves are discussed.
Sentencing Criminals: The Constitutionality Of Victim Impact Statements, Carrie L. Mulholland
Sentencing Criminals: The Constitutionality Of Victim Impact Statements, Carrie L. Mulholland
Missouri Law Review
Most jurisdictions around the country permit juries to consider victim impact statements, statements taken from the family of a victim of violent crime relating to the family's loss, during the sentencing phase of criminal trials. In 1994, the Missouri Supreme Court followed this trend in State v. Wise by approving the use of victim impact statements, and allowing the statements to be presented to the jury at the sentencing stage of a capital punishment trial. Despite the constitutionality of the introduction of a victim's family's statements, the statements have been severely criticized for: (1) rendering the sentencing of a criminal …
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 …
Punitive Damages In Negligence Cases: The Conflicting Standards, Kevin L. Austin
Punitive Damages In Negligence Cases: The Conflicting Standards, Kevin L. Austin
Missouri Law Review
In Missouri, punitive damages are awarded for the purpose of inflicting punishment for wrongdoing, and are intended to serve as an example and deterrent to similar conduct. They are distinguished from actual damages, which are awarded to compensate for actual injuries or loss sustained. While prevalent in intentional torts because of malice, Missouri also allows, under certain circumstances, punitive damages to be awarded in negligence cases.' The issue then becomes identification of those certain circumstances. This Note will examine the reasoning and the specific fact situations which have supported punitive damages in negligence cases and then compare the decision in …
Imposing Strict Products Liability On Medical Care Providers, Christopher L. Thompson
Imposing Strict Products Liability On Medical Care Providers, Christopher L. Thompson
Missouri Law Review
Most jurisdictions preclude strict product liability claims against medical care providers. These jurisdictions have held, generally, that health care professionals do not sell medical products used pursuant to courses of medical treatment as is required under the products liability doctrine generally defined by Restatement (Second) of Torts § 402A and adopted, with modification, a majority of states. However, the Missouri Court of Appeals, in Bell v. Poplar Bluffs Physicians Group, held strict products liability does apply to medical care providers. The purpose of this Note is to analyze the Bell decision in light of both (i) the policies and purposes …
You Have The Right To Criticize This Casenote: Protecting Negative Reviews Within The Law Of Defamation And The First Amendment, David C. Vogel
You Have The Right To Criticize This Casenote: Protecting Negative Reviews Within The Law Of Defamation And The First Amendment, David C. Vogel
Missouri Law Review
In Moldea v. New York Times Co., the District of Columbia Court of Appeals attempted to determine under what circumstances a statement labeled as opinion may be the basis for a defamation suit. The court approached the topic with some difficulty, as the United States Supreme Court's 1990 decision in Milkovich v. Lorain Journal Co. had created confusion in lower courts over not only the validity of several traditional tests used to distinguish between fact and opinion, but also as to whether placing statements in an opinion context provides them with blanket protection from liability, regardless of their content. The …
New Value Exception To The Chapter 11 Absolute Priority Rule, The, Douglas S. Neville
New Value Exception To The Chapter 11 Absolute Priority Rule, The, Douglas S. Neville
Missouri Law Review
The absolute priority rule, as codified in the 1978 Bankruptcy Code, provides that in certain circumstances junior claimants of a company involved in a Chapter 11 reorganization may not receive or retain any property under the reorganization plan. The new value exception to the Chapter 11 absolute priority rule allows a debtor's owner to retain an interest in a business or property under certain circumstances, even if all senior claimants are not paid in full.' However, there is currently a question as to whether the new value exception survived the enactment of the 1978 Bankruptcy Code.' In Bonner Mall Partnership …
Comparison Of The Interpretation Of Statutes And Collective Bargaining Agreements: Grasping The Pivot Of Tao, A, James E. Westbrook
Comparison Of The Interpretation Of Statutes And Collective Bargaining Agreements: Grasping The Pivot Of Tao, A, James E. Westbrook
Missouri Law Review
There has been an explosion in writing about statutory interpretation in recent years. Legal scholars have responded to theoretical writing about interpretation in general and to articles and judicial opinions by judges with an impressive array of articles and books. The purpose of this Article is to reflect on some of the common assumptions and interpretive practices of arbitrators in the light of this writing about statutory interpretation.
First Amendment And Private Property: A Sign For Free Speech, The, Anthony J. Durone, Melissa K. Smith
First Amendment And Private Property: A Sign For Free Speech, The, Anthony J. Durone, Melissa K. Smith
Missouri Law Review
Freedom of speech is one of the best known of all the constitutional rights protected by the Bill of Rights. Freedom of speech has received special attention from the courts for at least three reasons: (1) it is essential to the political process that is the foundation of our democracy;3 (2) it is fundamentally important to the discovery of truth in the free marketplace of ideas;4 and (3) it is an end in itself in a free country. In furtherance of a substantial interest, however, the freedom of speech falls subject to the police power of the state. In City …
Good Will Adjustment Games: An Economic And Legal Analysis Of Secret Warranty Regulation, Jeff Sovern
Good Will Adjustment Games: An Economic And Legal Analysis Of Secret Warranty Regulation, Jeff Sovern
Missouri Law Review
Secret warranty programs, which have existed for at least twenty years, are enormous in scope: nearly every car on the road is said to be subject to one of the more than 500 secret warranties supposedly operating at any given time,! while one expert estimates that the ten largest known secret warranty programs have covered 30 million automobiles and $3 billion in repairs. The purpose of this Article is to discuss whether secret warranties should be regulated, and if so, how. Part II of the Article reviews what is known about the working of secret warranty programs. Part III discusses …
Balancing Finality, Efficiency, And Truth When A Party Fails To Appear For Trial: Missouri Clarifies The Meaning Of Otherwise Defend In Its New Default Judgment Rule, Paula R. Hicks
Missouri Law Review
In Missouri, there has always been some confusion as to the name of the judgment entered when a party fails to appear for trial after participating in all other aspects of the litigation process. However, prior to 1988, the Missouri Supreme Court Rules and the holdings of the appellate courts4 made clear that the judgment in such a case was treated as a "judgment on the merits" and not as a "default judgment.” In Cotleur v. Danziger, the Missouri Supreme Court held that a judgment entered when a party failed to appear for trial is not a default judgment, in …
Severing Venue And Personal Jurisdiction In Missouri, Joseph H. Knittig
Severing Venue And Personal Jurisdiction In Missouri, Joseph H. Knittig
Missouri Law Review
The concepts of venue and jurisdiction carry independent and severable meanings. "Venue" means the place where a case is to be tried, while "jurisdiction" speaks to the power of the court to hear and determine a case In Missouri, a "unique melding" of the concepts developed. A line of cases commingling venue and personal jurisdiction yielded strange and often unduly harsh results.' In State ex rel. DePaul Health Center v. Mummert,6 the Missouri Supreme Court attempted to sever venue and jurisdiction, and finally restore some common sense and predictability to sixty plus years of confusion.
Closing Arguments: Enforcing Fairness In The Presentation Of Damages, John M. Hark
Closing Arguments: Enforcing Fairness In The Presentation Of Damages, John M. Hark
Missouri Law Review
The permissible scope of closing arguments before a jury is broad.' One limit, however, arises in plaintiff's final closing. Offering the party with the burden of proof an opportunity to respond to any new arguments raised by the opposing party arose from notions of fairness. The court held that it was an abuse of discretion to allow a plaintiff to withhold a request for a specific amount for total damages until the plaintiff's final closing argument, when the issue had not been addressed by the initial closing argument or the defendant's argument. This Note reviews the Tune decision, and discusses …
Environmental Justice And Tsd Sting Policies: Title Vi Is The Plaintiffs' Newest And Best Weapon, But Will It Succeed In Missouri , Don Willoh, Tom Collins
Environmental Justice And Tsd Sting Policies: Title Vi Is The Plaintiffs' Newest And Best Weapon, But Will It Succeed In Missouri , Don Willoh, Tom Collins
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Lessons From Kindergarten: Recovering Remediation Costs Under The Citizens' Suit Provision Of The Resource Conservation And Recovery Act , Eugene P. Schmittgens Jr., Douglas E. Nelson
Lessons From Kindergarten: Recovering Remediation Costs Under The Citizens' Suit Provision Of The Resource Conservation And Recovery Act , Eugene P. Schmittgens Jr., Douglas E. Nelson
Journal of Environmental and Sustainability Law
No abstract provided.
Development Impact Fees: Guidelines For Missouri Enabling Legislation, Jill A. Morris
Development Impact Fees: Guidelines For Missouri Enabling Legislation, Jill A. Morris
Journal of Environmental and Sustainability Law
No abstract provided.
Can Federal Sanctions Force States To Clean Their Air. Missouri V. United States, Theodore A. Kardis
Can Federal Sanctions Force States To Clean Their Air. Missouri V. United States, Theodore A. Kardis
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.
Railroading Essential Rights: The Status Of Judicial Review Of Alleged Due Process Violations In Arbitration Hearings Under The Railway Labor Act - Shafii V. P.L.C. British Airways, Penelope Hopper
Journal of Dispute Resolution
In the American judicial system, no litigant may be denied life, liberty or property without due process of the law. The rights to representation, to have a fair hearing, and to have the opportunity to present evidence on one's own behalf are ingrained in our concept of "justice." When one agrees to submit a conflict to an alternative forum of dispute resolution, are those essential rights lost? This Note examines those questions in the context of a congressional act mandating arbitration as the mode of conflict resolution in the transportation industry
Settlement Agreements And The Collateral Order Doctrine: A Step In The Wrong Direction - Digital Equip. Corp. V. Desktop Direct, Inc., S. Christian Mullgardt
Settlement Agreements And The Collateral Order Doctrine: A Step In The Wrong Direction - Digital Equip. Corp. V. Desktop Direct, Inc., S. Christian Mullgardt
Journal of Dispute Resolution
With the increase in lawsuits each year, the fact that a majority of cases are concluded by settlement is seen by many as "a tribute to both the trial bench and the practicing bar."2 In furtherance of this desirable end, the judiciary has typically upheld and enforced settlement agreements whenever possible Against this backdrop, the Digital court faced the issue of whether an order rescinding a settlement agreement which provided a "right not to stand trial" was immediately appealable pursuant to the collateral order doctrine
Enforceability Of An Agreement To Submit To A Non-Arbitral Form Of Dispute Resolution: The Rise Of Mediation And Neutral Fact-Finding - Annapolis Professional Firefighters Local 1926 V. City Of Annapolis, The, Tim K. Klintworth
Journal of Dispute Resolution
Agreements between employers and unions frequently specify a form of alternate dispute resolution to be utilized in the event of a future dispute. Annapolis addresses the issue of the enforceability of a written agreement to submit future disputes to some form of non-arbitral resolution such as mediation or neutral-fact finding.
Constitutional Questions Regarding Grandparent Visitation And Due Process Standards, Mark Moody
Constitutional Questions Regarding Grandparent Visitation And Due Process Standards, Mark Moody
Missouri Law Review
Faced with an increase in broken families, a more mobile society, and increased violence among children of all ages, legislatures have responded with a wide range of statutes and programs designed to combat the perceived decline in the family unit. An example of the lawmakers' response is the promulgation of "grandparent visitation statutes."' However, questions have arisen regarding the constitutionality of such statutes. This Note will discuss the constitutionality of grandparent visitation statutes in the context of Herndon v. Tuhey, the recent decision upholding the Missouri grandparent visitation statute. This Note will argue that the standard used by the Missouri …
Cumulative Subject Index For Volumes 57 - 59
Cumulative Subject Index For Volumes 57 - 59
Missouri Law Review
Cumulative Subject Index for Volumes 57 - 61
Teaching The Children Appropriately: Publicly Financed Private Education Under The Individuals With Disabilities Education Act, Timothy M. Huskey
Teaching The Children Appropriately: Publicly Financed Private Education Under The Individuals With Disabilities Education Act, Timothy M. Huskey
Missouri Law Review
The issue of educating the child with disabilities is a relatively new one in the scope of civil rights law. First addressed by Congress in 1975, the rights of the disabled child to a free and appropriate education are just now being defined with some particularity. This Note addresses one of the most important aspects of the right to a public education: Who will foot the bill?