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Articles 31 - 60 of 112
Full-Text Articles in Law
Collaborative Governance Meets Presidential Regulatory Review, Donald R. Arbuckle
Collaborative Governance Meets Presidential Regulatory Review, Donald R. Arbuckle
Journal of Dispute Resolution
As I will discuss below, White House decision-making and OIRA regulatory review have a hierarchical component that is at odds with the horizontal nature of collaboration. The President's constitutional duties to manage the executive branch and OIRA's role as his agent in regulatory review require strong oversight of agency regulatory activity. Rulemaking is one means by which the executive branch implements not only statutory mandates, but also presidential policy; any sitting President would be loathe to delegate his authority to a collaborative panel. Nonetheless, the benefits of collaboration can be substantial, and the President could use his authority to encourage …
Unexcused Absence: A Review Of The Need, Costs, And (Lack Of) State Support For Peer Mediation Programs In U.S. Schools, Matthew D. Decker
Unexcused Absence: A Review Of The Need, Costs, And (Lack Of) State Support For Peer Mediation Programs In U.S. Schools, Matthew D. Decker
Journal of Dispute Resolution
You might not have heard about peer mediation lately. You might not have heard about it at all. That's a problem. Peer mediation, though grossly underutilized, could be the potent and cost-effective answer to many of the problems facing U.S. schools.
State Legislative Update, Ashley Brittain, Sean Dolan, Alicia Hammond, Meghan Prideaux
State Legislative Update, Ashley Brittain, Sean Dolan, Alicia Hammond, Meghan Prideaux
Journal of Dispute Resolution
The purpose of this Bill is to provide notice to owners of residential real property owners that mediation with the mortgagee is an option at the onset of foreclosure proceedings. The Bill changes the mechanism by which borrowers are notified of foreclosures; instead of receiving a writ and summons, borrowers receive a notice of mediation, a foreclosure mediation certificate, and a blank appearance form. Borrowers still receive the writ, summons, and complaint, however. The lender must appear at the mediation with the authority to approve a proposed settlement in order to receive a remedy, and no attorney's fees will be …
When The Clean Air Act Fails A Public Nuisance May Help. North Carolina Ex Rel. Cooper V. Tennessee Valley Authority, Kevin Dothager
When The Clean Air Act Fails A Public Nuisance May Help. North Carolina Ex Rel. Cooper V. Tennessee Valley Authority, Kevin Dothager
Journal of Environmental and Sustainability Law
No abstract provided.
Past Is Prologue: Recent Carbon Regulation Disputes In Europe Shape The U.S. Carbon Future , Cameron Ferrey, Steven Ferrey
Past Is Prologue: Recent Carbon Regulation Disputes In Europe Shape The U.S. Carbon Future , Cameron Ferrey, Steven Ferrey
Journal of Environmental and Sustainability Law
No abstract provided.
Plain Language Interpretation Gone Awry: The New Paradigm Of Pesticides, Water Pollution, And The Inefficient, Ineffective Overlap Of Statutory Schemes. National Cotton Council Of America V. Epa, Michael C. Risberg
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
A Whale Of A Tale: The Supreme Court Sets A New Trend Favoring National Security Over Environmental Concerns. Winter V. Nrdc, Brian Schierding
A Whale Of A Tale: The Supreme Court Sets A New Trend Favoring National Security Over Environmental Concerns. Winter V. Nrdc, Brian Schierding
Journal of Environmental and Sustainability Law
No abstract provided.
Greater Protection: Missouri Says No To Possible Asbestos Contamination Due To Neshap And Possible Rcra Violations. Families For Asbestos Compliance, Testing And Safety V. City Of St. Louis, Missouri, Erin P. Seele
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Politics Of Merit Selection, The, Brian T. Fitzpatrick
Politics Of Merit Selection, The, Brian T. Fitzpatrick
Missouri Law Review
In this Article, I undertake an evaluation of a method of judicial selection in use in many states that is known as "merit selection." The merit system is distinctive from the other systems of judicial selection in use today in the powerful role it accords lawyers and, in particular, state bar associations. Proponents of the merit system contend that it is superior to the other forms of judicial selection - elections or appointment by elected officials - because state bar associations are more likely to select judges on the basis of "merit" and less likely to select judges on the …
Do Retention Elections Work, G. Alan Tarr
Do Retention Elections Work, G. Alan Tarr
Missouri Law Review
During the twentieth century, judicial reformers attempting to depoliticize the selection of state court judges and increase respect for the courts advocated moving from competitive elections for judges to "merit selection" or - as it was initially known - the "Missouri Plan." During the 1960s and 1970s, these reformers enjoyed considerable success. Whereas in 1960 only three states - Alaska, Kansas, and Missouri - employed merit selection to choose state supreme court justices, by 1980 eighteen did so. Of course, adoption of merit selection did not altogether eliminate judicial elections, because judges appointed under merit selection are in most states …
Using Judicial Performance Evaluations To Supplement Inappropriate Voter Cues And Enhance Judicial Legitimacy, Penny J. White
Using Judicial Performance Evaluations To Supplement Inappropriate Voter Cues And Enhance Judicial Legitimacy, Penny J. White
Missouri Law Review
Justice John Paul Stevens once noted that "[i]t is the confidence in the men and women who administer justice that is the true backbone of the rule of law." This confidence gives legitimacy to courts at every level. But how is such confidence to be achieved and maintained? How do we instill trust and confidence in the judiciary in those members of the public with little knowledge of the court system or those who attain their knowledge from questionable sources? What kinds of information can be used to counterbalance the denigrating effect of judicial campaigns? This Article suggests that judicial …
Comments On The White, Caufield, And Tarr Articles, Duane Benton
Comments On The White, Caufield, And Tarr Articles, Duane Benton
Missouri Law Review
These three articles are valuable additions to the literature on retention elections. I am honored to comment, understanding I was chosen because I have survived merit selection (both as an applicant and as chair of the commission), a retention election, federal appointment, various roles in partisan elections, and an undergraduate political-science, voter-behavior education
Missouri Nonpartisan Court Plan: The Least Political Method Of Selecting High Quality Judges, The, Laura Denvir Stith, Jeremy Root
Missouri Nonpartisan Court Plan: The Least Political Method Of Selecting High Quality Judges, The, Laura Denvir Stith, Jeremy Root
Missouri Law Review
According to Justice Steven Breyer, "the reputation and the reality of the fairness and effectiveness of the American judicial system are in the hands of the states."1 In the laboratory of American democracy, each sovereign state has the freedom to design the method by which members of its judiciary are chosen. The unique history, culture and experiences of each state have led to the adoption of a variety of systems to select judges. These methods generally fall into one of three categories: contested election, political appointment, or merit selection.
Bench, The Bar, And Everyone Else: Some Questions About State Judicial Selection, The, Michael E. Debow
Bench, The Bar, And Everyone Else: Some Questions About State Judicial Selection, The, Michael E. Debow
Missouri Law Review
I am honored to be a part of this conference. I very much appreciate the hospitality of the law school, particularly the efforts of the Missouri Law Review staff. It has been a wonderful event. A wide range of views has been presented here, and I think that is a great credit to the people who organized the program. Just briefly, I am from Alabama, and I am not here to tell you what you should do in Missouri. That probably comes as a big relief. I became interested in this subject about fifteen years ago because of what was …
High Cost Of Low-Cost Workers: Missouri Enacts New Law Targeting Employers Of Unauthorized Workers, The, Michael B. Barnett
High Cost Of Low-Cost Workers: Missouri Enacts New Law Targeting Employers Of Unauthorized Workers, The, Michael B. Barnett
Missouri Law Review
This note seeks to explain Missouri's enactment of a law requiring use of E-Verify by certain employers, track recent developments that have made it more difficult to employ unauthorized workers, and advocate the position that this legislation will be upheld in the face of legal challenges. The following Section addresses federal immigration law and the subsequent creation of the E-Verify program. It also examines Missouri's recent enactment that requires some employers to enroll in the E-Verify program and provides stiff penalties for any entity that employs unauthorized workers. Section III considers recent cases out of Arizona, Oklahoma, and Missouri that …
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings, Bradley S. Dixon
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings, Bradley S. Dixon
Missouri Law Review
The Eighth Circuit directly addressed this issue in Passmore v. Astrue and joined the group of circuits that follow the "qualified right" approach, which maintains that a social security claimant does not have an absolute right to cross-examine reporting physicians. In doing so, however, the Eighth Circuit relied on long-held assumptions, and its judgment may warrant re-evaluation to ensure that the rights of social security claimants are best protected. The circuit split on this issue is reflective of competing values that are practically inevitable in light of the tension between efficiency and justice, and both approaches will be evaluated in …
Eighth Circuit Loosens The Grip Of The Bankruptcy Gag Rule, But Holds Attorneys To Advertising Disclosure Requirement, The, Bethany R. Findley
Eighth Circuit Loosens The Grip Of The Bankruptcy Gag Rule, But Holds Attorneys To Advertising Disclosure Requirement, The, Bethany R. Findley
Missouri Law Review
The Court of Appeals for the Eighth Circuit, in a case of first impression, struck down a provision of the 2005 bankruptcy reform law that prohibits attorneys from advising their clients to incur more debt in contemplation of filing for bankruptcy. At the same time, the court upheld a provision of the Bankruptcy Code that compels attorneys to include a specified disclosure within their bankruptcy-related advertisements. The court's rationale for striking down the Code's restriction on attorney advice was that its broad application restricted attorneys from rendering advice that in some situations would be entirely lawful and beneficial to their …
Fender Bender Lottery: Direct Victims And Bystanders In Recovery For The Negligent Infliction Of Emotional Distress, Josh Hill
Missouri Law Review
Recovery for the negligent infliction of emotional distress has always been a hazy and constantly changing area of the law. Recovery for this tort has generally been premised upon shifting policy concerns. Historically, courts agreed with public policy declaring emotional distress too difficult to prove and too easy to fake and only allowed emotional distress that occurred in connection with a physical injury. This rule flourished and grew into acceptance across America. As the tort developed and scientific advances in authenticating the symptoms of emotional distress became more mainstream, the policy consideration shifted towards allowing recovery for emotional distress based …
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Inadequacies Of Missouri Intestacy Law: Addressing The Rights Of Posthumously Conceived Children, The, Kimberly E. Naguit
Missouri Law Review
When Sergeant Dayne Darren Dhanoolal of Columbus, Georgia, died on March 31, 2008, while serving in Iraq, Kynesha Dhanoolal, his widow, hoped to be able to fulfill his expressed wish of having children.' She obtained a temporary restraining order in federal court to prevent the military from embalminp Sergeant Dhanoolal until someone extracted and froze samples of his sperm. Mrs. Dhanoolal planned to be artificially inseminated with the sperm as early as that summer. While this may sound like the stuff of science fiction, science and technology no longer limit human reproduction to the act of sexual intercourse. Couples today …
Foreword, R. Lawrence Dessem
Foreword, R. Lawrence Dessem
Missouri Law Review
It is my great pleasure to introduce the Missouri Law Review's 2009 symposium: "Mulling Over the Missouri Plan: A Review of State Judicial Selection and Retention Systems." This has been a labor of love by the entire staff of the Missouri Law Review, and both the February 27 symposium and the written symposium that follows are a work product that should serve as a touchstone for scholars, policy-makers, and all members of the public who are interested in state judicial selection and retention systems and the current efforts to amend and extend those systems.
We Have Met The Special Interests, And We Are They, Michael R. Dimino Sr.
We Have Met The Special Interests, And We Are They, Michael R. Dimino Sr.
Missouri Law Review
I have two major points. First, because there is no such thing as a general interest, it makes no sense to speak of "special" interests. Second, judicial decisions make policy. In so doing, they benefit certain interests at the expense of others, whether judges are selected by elections, appointments, or some hybrid system. So, it should not be surprising that politics pervades the choice of judges under every system used or considered today. No selection system may be capable of eliminating the power of interest groups, but the selection system may determine which of those interests are benefited. As a …
Plea For Reality, A, Roy A. Schotland
Plea For Reality, A, Roy A. Schotland
Missouri Law Review
Thank you for the privilege and the pleasure of joining you, in the best possible state for any discussion of judicial selection and blessedly at a distinguished law school. For me, after twenty-five years of involvement in the judicial election scene and four weeks after retiring from teaching - but not, I hope, from continued involvement - this is a unique opportunity to share views, air questions, consider the ever-evolving changes and challenges, and speak bluntly on a few points. I treasure the friendships I have built with others similarly involved, and I hope that my comments, some of which …
Federal And State Judicial Selection In An Interest Group Perspective, Michael E. Solimine, Rafael Gely
Federal And State Judicial Selection In An Interest Group Perspective, Michael E. Solimine, Rafael Gely
Missouri Law Review
This Article proceeds as follows. In Part II, we summarize the model advanced by Landes and Posner. In Part III, we explore some of the criticisms that have been levied against their model, while in Part IV we raise some criticisms of our own and explore how later scholarship has addressed them. Part V concludes the article.
Parties, Interest Groups, And Systemic Change, Anthony Champagne
Parties, Interest Groups, And Systemic Change, Anthony Champagne
Missouri Law Review
If we are going to get from point A to B - if we are going to change a state system of judicial selection - what must be done? How does one get from a judicial election system to a merit-selection system? Generally it is going to take a state constitutional amendment to make the change. That is usually going to mean that a constitutional amendment must be approved by the legislature in order to be submitted to the people for a vote. To do this, key interest groups must be considered. The story of changing to merit selection is …
Shedding (Empirical) Light On Judicial Selection, Lee Epstein
Shedding (Empirical) Light On Judicial Selection, Lee Epstein
Missouri Law Review
Relative to commentators at Political Science and Economics meetings, the discussants at law conferences are generally quite kind, genteel even. They almost always say, "This is a really wonderful set of papers" - even if the papers are not so wonderful - or that they really learned a lot from the papers - even if they didn't. Happily, with regard to the three papers the organizers asked me to discuss,' I need not stretch the truth for purposes of collegiality. I really do think they are a wonderful set of papers and really did learn a lot
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Reconciling The Judicial Ideal And The Democratic Impulse In Judicial Retention Elections, Rachel Paine Caufield
Missouri Law Review
It is hardly novel to suggest that judicial elections, including retention elections, illustrate profound and irreconcilable tensions in the American governmental scheme. The guiding political philosophy of liberal democracy dictates that judges be insulated from popular will and therefore remain free to adhere to the law, regardless of how unpopular such adherence may be. Complete independence would permit judges to be reckless in their use of the law as a tool of power. Complete accountability would render the rule of law, and the protections it affords to political minorities and others who lack political power, nonexistent. This elusive ideal of …
Essentials And Expendables Of The Missouri Plan, The, Sandra Day O'Connor
Essentials And Expendables Of The Missouri Plan, The, Sandra Day O'Connor
Missouri Law Review
This speech was presented by Sandra Day O'Connor at the University of Missouri School of Law on February 27, 2009. It is the 2009 Earl F. Nelson Lecture and was part of the symposium titled "Mulling over the Missouri Plan: A Review of State Judicial Selection and Retention Systems." The author has modified the speech and added citations for publication purposes