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University of Missouri School of Law

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Regulation

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When Regulations And Arbitration Awards Collide: Potential Difficulties For Arbitrators And Parties: Bangor Gas Co., Llc V. H.Q. Energy Serv. U.S. Inc., Greg Mitchell Jul 2013

When Regulations And Arbitration Awards Collide: Potential Difficulties For Arbitrators And Parties: Bangor Gas Co., Llc V. H.Q. Energy Serv. U.S. Inc., Greg Mitchell

Journal of Dispute Resolution

Many commercial transactions are complex. The increasing presence of both arbitration and administrative regulations are part of what creates this complexity. It is thus possible that parties to a commercial transaction will find themselves in arbitration over a dispute involving regulations. This note will explore the potential difficulties parties and arbitrators face when arbitration awards and regulations collide. The difficulties for parties include grounds for vacatur that are either nonexistent or hard to meet, and potentially being forced to choose between violating a regulation or not complying with the award. Additionally, arbitrators face difficulties in fashioning awards that comply with …


Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong Apr 2013

Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong

Missouri Law Review

This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest,1 and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of transnational law that (i) views the state as disaggregated, rather than unitary, (ii) focuses on informal legal mechanisms that do not have authoritative status and (iii) directs attention towards law’s facilitative functions and away from law’s binding force. This special issue’s theme …


Need For Legitimate Regulatory Regime In Bioethics: A Global And European Perspective, The , Jane Reichel Apr 2013

Need For Legitimate Regulatory Regime In Bioethics: A Global And European Perspective, The , Jane Reichel

Missouri Law Review

Bioethics in global biobanking touches upon several internationally accepted fundamental rights and values, namely the sample donor’s right of privacy, the patient’s right to health, and – at least implicitly – scientific freedom. From the perspective of fundamental rights, however, there are very few internationally applicable rules as to the enforcement of these rights at the administrative level. Instead, the combination of the practical need for common rules and the lack of political will and/or legislative competence within the international community or the European Union (EU) seems to have paved the way for soft law. Further, the role of courts …


Applying Restraints To Private Police, Heidi Boghosian Jan 2005

Applying Restraints To Private Police, Heidi Boghosian

Missouri Law Review

Private security needs better public oversight. This Article argues that equitable remedies in the form of improved training and oversight should be requested as part of relief in all Section 1983 claims involving private police. Improved training would greatly benefit society by reducing the number of violent encounters between private security officers and the public.


Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter Jul 2002

Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter

Journal of Dispute Resolution

There are many types of mediation. This article focuses exclusively on mediations within Professor Lande's "liti-mediation culture" - those dealing with disputes that are or may become the subject of litigation. I address both court-connected and private mediations as I believe that the potential for bad faith exists in both. Following this Introduction, in Part II, I examine definitions of "good faith" in mediation, I then review commentary and case law on good faith requirements. In Part III, I argue that certain objectively determinable behavior ought to be proscribed. By contrast, some good faith standards adopted by courts or advocated …


Narrow Application Of Buckley V. Valeo: Is Campaign Finance Reform Possible In The Eighth Circuit, The, Matthew S. Criscimagna Apr 1999

Narrow Application Of Buckley V. Valeo: Is Campaign Finance Reform Possible In The Eighth Circuit, The, Matthew S. Criscimagna

Missouri Law Review

Federal campaign finance reform has been a hot topic as of late, from the recent debates of the McCain-Feingold bill in Congress to the investigation of alleged violations in connection with the 1996 presidential election. The issue of campaign finance reform is of equal importance on the state level. A majority of states have been reforming their campaign finance laws since 1990.2 However, these reforms have not avoided constitutional challenges. The Eighth Circuit has been particularly harsh when reviewing challenges to state campaign finance reform. This has led to a limited number of alternatives for the states to employ when …


What Happened To The Equity In Equitable Subrogation, Robert M. Smith Apr 1999

What Happened To The Equity In Equitable Subrogation, Robert M. Smith

Missouri Law Review

The doctrine of equitable subrogation provides courts with a vehicle to allow a lending institution that has paid off an existing loan to take the original lending institution's place in priority status. 2 While the doctrine appears quite simple, courts have been remarkably inconsistent in their approaches to allowing equitable subrogation claims. This Note discusses the various approaches taken by courts today, and more importantly, analyzes Missouri's current approach as affirmed most recently in Metnor Financial, Inc. v. Landoll Corporation.


Cable Television, New Technologies And The First Amendment After Turner Broadcasting System, Inc. V. F.C.C., Erik Forde Ugland Nov 1995

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. …


Good Will Adjustment Games: An Economic And Legal Analysis Of Secret Warranty Regulation, Jeff Sovern Apr 1995

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 …


Aesthetic Zoning: Property Values And The Judicial Decision Process, Sheldon Elliot Steinbacht Apr 1970

Aesthetic Zoning: Property Values And The Judicial Decision Process, Sheldon Elliot Steinbacht

Missouri Law Review

The reluctance of courts, as well as certain segments of the public, to accept aesthetics as the sole basis for zoning stems from a reverence for the historic rights of private property. Put in the least favorable light, aesthetic zoning may be considered as the exercise of the police power to restrain an individual in the use of his private property so that the community may have the luxury of gazing upon pleasant surroundings. Many feel that the property owner should not be compelled to bear the financial burden of making the community beautiful but instead that the community itself …


Payments By A Cash Basis Federal Savings And Loan Association To The Fslic: Are They Deductible, Philip J. Erbacher Apr 1970

Payments By A Cash Basis Federal Savings And Loan Association To The Fslic: Are They Deductible, Philip J. Erbacher

Missouri Law Review

The author is an attorney in a Kansas City, Missouri law firm. His topic is the deductibility for federal income tax purposes of certain "premium" payments made by federally chartered savings and loan associations to the Federal Savings and Loan Insurance Corporation (FSLIC). Recently his firm was successful in establishing this point before a federal district court, and more recently the Court of Appeals for the Ninth Circuit, re- versing the Tax Court, reached a similar conclusion involving a savings and loan institution chartered under the laws of the state of California. In this article the author urges the correctness …


Modification Of The Riparian Theory And Due Process In Missouri, James D. Ellis Nov 1969

Modification Of The Riparian Theory And Due Process In Missouri, James D. Ellis

Missouri Law Review

Until relatively recent years water rights legislation and litigation has primarily centered in the seventeen arid and semi-arid western states. However, as a result of increased demands on water resources for agricultural, industrial, recreational and public uses, the more humid and traditionally water rich states of the East have expressed concern for and interest in the conservation and regulation of their water resources. A significant number of these states have departed from the common law riparian theory of water use law and have enacted comprehensive regulatory measures, modeled after the water acts common in the western states. In accordance with …


Missouri Uniform Securities Act, The, Hal M. Bateman Nov 1969

Missouri Uniform Securities Act, The, Hal M. Bateman

Missouri Law Review

Despite the spectacular events of recent years in the field of federal securities law, the less glamorous arena of state securities regulation—better known as "blue sky law"—continues to play an important and regular role in the securities lawyer's practice. The new Missouri Uniform Securities Act must therefore be carefully considered and analyzed by Missouri attorneys. It is the purpose of this article to assist in such consideration and analysis. The adoption of the new Missouri Act is particularly significant for two reasons. First, in displacing the prior Missouri statutes, the new Act provides a modern, comprehensive, and well-drafted statute which …