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Full-Text Articles in Law
M-U-N-I: Evidencing The Inadequacies Of The Municipal Securities Regulatory Framework, John Carriel
M-U-N-I: Evidencing The Inadequacies Of The Municipal Securities Regulatory Framework, John Carriel
The Business, Entrepreneurship & Tax Law Review
This article argues that the current regulation of the minicipal securities market is inadequate, and that regulatory reform is not only necessary but also permissible as the Securities and Exchange Commission has the legal authority under the current statutory framework to substantially remedy such inadequacy. In making this argument, this article focuses on the legislative history of the Securities Reform Act of 1975, analyses of statutory text, the current regulatory framework surrounding the municipal securities market, prior attempts to effect regulatory reform, and one of the principal issues with the current regulatory framework - the lack of uniform accounting principles …
Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer
Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer
Missouri Law Review
This Note argues that the current standard for substantial evidence is both confusing and inconsistent in Missouri case law. In the instant case, the standard for substantial evidence applied by the Missouri Court of Appeals, Southern District, involved weighing the credibility of the evidence when, according to the weight of authority in Missouri case law, the substantial evidence standard is a low one and does not include making determinations of credibility. Substantial evidence would be better defined as any evidence that is more than a mere scintilla that puts a matter in issue
Troubling Ambition Of Federal Rule Of Evidence 502(D), The , Michael Correll
Troubling Ambition Of Federal Rule Of Evidence 502(D), The , Michael Correll
Missouri Law Review
Federal Rule of Evidence 502 promised to change American litigation for the better. It was heralded as a solution to the gross inequity and spiraling litigation costs associated with the painstaking, cumbersome, and largely wasteful document reviews necessary to protect the attorney-client privilege. And in some measure, it succeeded. It has brought uniformity, predictability, and equity to issues of inadvertent disclosure and subject matter waiver. But a largely overlooked provision of the rule promises even bigger, and more troubling changes. Federal Rule of Evidence 502(d) authorizes district courts to enter discovery orders protecting parties from the waiver consequences normally attached …
Economics Perspective On The Exclusionary Rule And Deterrence, An, Michael D. Cicchini
Economics Perspective On The Exclusionary Rule And Deterrence, An, Michael D. Cicchini
Missouri Law Review
This Article will demonstrate that the exclusionary rule does not and cannot deter police misconduct. The reason is that the expected cost to the police of their own misconduct (p*C) is nearly always zero. More specifically, the probability that the evidence will be suppressed (p), even in cases of egregious police misconduct, is very close to zero. Additionally, even in the rare case that evidence is suppressed, the cost to the police of a lost conviction (C) is nearly always zero for several reasons: first, the police tend to value arrests, not convictions; second, even if they did value convictions, …
Protecting The Predator Or The Prey - The Missouri Supreme Court's Refusal To Allow Past Sexual Misconduct As Propensity Evidence, William E. Marcantel
Protecting The Predator Or The Prey - The Missouri Supreme Court's Refusal To Allow Past Sexual Misconduct As Propensity Evidence, William E. Marcantel
Missouri Law Review
Americans consider child molestation and sexual assault among the most heinous crimes that one can commit. In response to the public's opinion regarding these crimes, Congress created exceptions to the longstanding rule barring character propensity evidence. Over the protests of prominent lefal figures, Congress enacted Federal Rules of Evidence 413- 415 in 1994. Though these rules have been sustained by several appellate court decisions, the constitutionality of Rules 413-415 has not been conclusively decided by the United States Supreme Court. Missouri's legislature has twice attempted to pass a statute regarding child molestation similar to Federal Rule of Evidence 414, and …
Girl Who Cried Wolf: Missouri's New Approach To Evidence Of Prior False Allegations, The, Jennifer Koboldt Bukowsky
Girl Who Cried Wolf: Missouri's New Approach To Evidence Of Prior False Allegations, The, Jennifer Koboldt Bukowsky
Missouri Law Review
After a trial by jury, Jeffrey D. Long was convicted of forcibly raping and sodomizing Debbie Flower. The Missouri Supreme Court reversed the conviction because the exclusion of evidence that Flower had falsely accused another person of making threats and assaulting her deprived Long of a full opportunity to present his defense. Previously, Missouri's rules of evidence dictated that, although a witness could be cross-examined about having made false allegations against persons other than the defendant, extrinsic evidence of such conduct was not admissible. The Missouri Supreme Court changed that rule by a 4-3 decision in State v. Long. Now, …
Examining The Repercussions Of Crawford: The Uncertain Future Of Hearsay Evidence In Missouri, Jon W. Jordan
Examining The Repercussions Of Crawford: The Uncertain Future Of Hearsay Evidence In Missouri, Jon W. Jordan
Missouri Law Review
While making a course correction in Confrontation Clause jurisprudence, the United States Supreme Court leaves much uncertainty in its wake. Some hearsay evidence previously admissible under a "firmly rooted hearsay exception" or because it possessed "particularized guarantees of trustworthiness" will no longer be allowed under the Court's new standard. However, the Court's failure to define its key terms leaves practitioners in desparate need of further clarification. This Note is intended to assist Missouri practitioners in understanding the Supreme court's new Confrontation Clause standard as stated in Crawford v. Washington and provide practical guidance for its application. The Note identifies Missouri's …
Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul R. Rice
Peer Dialogue: The Quagmire Of Scientific Expert Testimony: Crumping The Supreme Court's Style, Paul R. Rice
Missouri Law Review
the Article argues in support of Professor Crump's critique of the Supreme Court of the United States's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. and Kumho Tire Co v. Carmichael. Judges are unsuited to the task of evaluating scientific inquiry and should refrain from trying to do so. When evaluating the admissibility of evidence, the courts should use a logical relevance test.
Polygraph Evidence: Where Are We Now, Michael J. Ligons
Polygraph Evidence: Where Are We Now, Michael J. Ligons
Missouri Law Review
Polygraph evidence has been the pariah of the courtroom since the adoption of the "general acceptance" test for the admission of scientific evidence in Frye v. United States.' While the Frye court's decision to exclude lie detector evidence was correctly based upon the state of polygraph technology at that time, many courts have subsequently failed to recognize the many advances in polygraphy and have excluded test results without further consideration.2 Indeed, polygraph evidence seems to be considered by courts, in practice if not in actual theory, to be sui generis. Recent trends toward the recognition of polygraph evidence as having …
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Business Records Exception To The Hearsay Rule--New Is Not Necessarily Better, The, Sidney Kwestel
Missouri Law Review
Among the most significant exceptions to the hearsay rule is the business records exception.' With roots in the common law,2 it is based on the premise that records made in the regular course of business are sufficiently reliable to justify admitting them as proof of the matters asserted in them without the safeguard of cross examination.3 Widespread acceptance of a codified business records exception followed a 1927 study4 that proposed such a statute (the Model Act)' and urged its passage by everyjurisdiction.6 Congress,7 as well as several
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
Missouri Law Review
Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Missouri Law Review
People have long perceived a connection between mental and even physical illness and spiritual anguish. Yet, modem culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this "medical model" is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably far easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of …
Living A Lie: The Cost Of Qualified Immunity, Diana Hassel
Living A Lie: The Cost Of Qualified Immunity, Diana Hassel
Missouri Law Review
Throughout the modem civil rights era,' a silent struggle has been waged over civil liability for the violation of constitutional rights. The issues struggled with are what kinds of constitutional wrongs should be compensated and out of whose purse the damages should come. The mechanism for resolution of these issues has largely been the application of immunity defenses to civil rights remedies. A system of immunity defenses has been overlaid on the broad remedy provided by 42 U.S.C. § 1983 (hereinafter "Section 1983Y').2 A determination of the scope of the immunity defense-which government officials should get it and how much-has …
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri Law Review
Evidence of other crimes, or uncharged misconduct evidence as it is commonly called, has been important in many criminal trials, including such well-publicized trials as that of O.J. Simpson for murder and those of William Kennedy Smith and Mike Tyson for rape.2 Furthermore, this type of evidence is important because studies have shown that admission of uncharged misconduct evidence greatly increases the likelihood that a jury will find the defendant guilty.3 State v. Skillicorn4 presents a look at the current state of the law concerning admission of other crimes evidence in Missouri. The case illustrates the difficulty in applying current …
I'Ll Take It For What It Is Worth -- The Use Of Hearsay Evidence By Labor Arbitrators: A Primer And Modest Proposal, Marvin F. Hill, Jr., Tammy M. Westhoff,
I'Ll Take It For What It Is Worth -- The Use Of Hearsay Evidence By Labor Arbitrators: A Primer And Modest Proposal, Marvin F. Hill, Jr., Tammy M. Westhoff,
Journal of Dispute Resolution
This article considers these and other selected problems dealing with hearsay evidence that are likely to be encountered in the arbitral forum. It is our thesis that arbitrators do and should credit some (but not all) forms of hearsay evidence, but that the arbitral process is not served by admitting all evidence and "taking it for what it is worth." Further, we believe when an advocate's case against a grievant consists entirely of hearsay evidence, and there is no reliable substitute for cross examination or "equivalent circumstantial guarantees of trustworthiness," the grievant should prevail. Only in the rarest of cases …
Some Problems In Hearsay And Relevancy In Missouri, E. W. Hinton
Some Problems In Hearsay And Relevancy In Missouri, E. W. Hinton
University of Missouri Bulletin Law Series
There is no rule better known than that hearsay evidence is generally not admissible. It is equally true, though not so widely known, that there are a large number of specific exceptions to this general rule of exclusion. Hearsay, has been so long under the ban that the profession not uncommonly thinks of it as not being evidence at all, rather than as a kind of evidence generally excluded for reasons of policy connected with the jury trial. This notion is responsible for a good deal of confusion in dealing with the exceptions under which hearsay is received. Instead of …