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Articles 61 - 90 of 5582
Full-Text Articles in Law
A Final Shot At Federal Felon Dispossession: Bruen, Heller’S Haven, And Non-Violent Felons, Keaton Campbell
A Final Shot At Federal Felon Dispossession: Bruen, Heller’S Haven, And Non-Violent Felons, Keaton Campbell
Missouri Law Review
Felons are not allowed to possess firearms—yet. New York State Rifle and Pistol Association v. Bruen is the Supreme Court’s most recent elaboration on the Second Amendment, and the Court enunciated a new constitutional test for firearms regulations. The Supreme Court disclaimed the means-end balancing approach developed by courts in the wake of D.C. v. Heller and replaced it with a test focusing only on the plain text of the Second Amendment and the Nation’s historical tradition of firearms regulation. 18 U.S.C. § 922(g)(1), the federal felon dispossession statute, fared well under means-end balancing in the decade after Heller. Although …
Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold
Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold
Missouri Law Review
The United States is currently suffering a pervasive and unsettling shortage of housing and increased housing unaffordability. Rents are at an all-time high, which has a disproportionate impact on people of color and people earning lower incomes as these individuals are more likely to rent rather than own their homes. Moreover, people solidly in the middle class are finding it increasingly difficult to purchase residences within their budgets.
Cancel Carte Blanche For The Information Industries: Federalizing U.C.C. Article 2., Michael L. Rustad
Cancel Carte Blanche For The Information Industries: Federalizing U.C.C. Article 2., Michael L. Rustad
Missouri Law Review
Warranty disclaimers, caps on damages, predispute mandatory arbitration, and anti-class action waivers constitute what I call, “no responsibility” or “rights foreclosure clauses” in computer contracts. This is the first empirical study of how the information industries, which include the 100 largest software companies and the 100 largest digital companies, deploy one-sided warranty disclaimers, caps on damages, and predispute mandatory arbitration clauses coupled with class action waivers to shift responsibility for defective software to the user communities. This gives the information industries carte blanche to release dangerously defective software without consequences. In their standard form contracts, the industries do whatever they …
Police Mistakes Of Law, Heien V. North Carolina And Significant Fourth Amendment Interpretive Cases: An Empirical Examination Of Officer Perception, Knowledge And Performance, Christopher D. Totten, Gang Lee, Michael De Leo
Police Mistakes Of Law, Heien V. North Carolina And Significant Fourth Amendment Interpretive Cases: An Empirical Examination Of Officer Perception, Knowledge And Performance, Christopher D. Totten, Gang Lee, Michael De Leo
Missouri Law Review
This empirical study examines legal aspects of policing in relation to the landmark Fourth Amendment United States Supreme Court case of Heien v. North Carolina. In Heien, the Court found that objectively reasonable mistakes of law by police can support traffic stops. By doing so, Heien extends the permissible margin of error for these stops by law enforcement officers. Due to the potential far-reaching implications of Heien for law enforcement conduct and Fourth Amendment privacy protections, this study aims to empirically examine officer perception and knowledge regarding Heien, including officers’ decision-making behavior with respect to Heien and its core concept …
Mallory V. Norfolk Southern Railway Co., Due Process And Strange Bedfellows, Michael Vitiello, Daniel Croxall
Mallory V. Norfolk Southern Railway Co., Due Process And Strange Bedfellows, Michael Vitiello, Daniel Croxall
Missouri Law Review
[As the 2022 Supreme Court term waned, the press and public waited with trepidation or excitement for noteworthy cases that addressed important policy questions, including affirmative action, student loan forgiveness, and conflicts between religious freedom and gay rights. Fewer people shared the concerns of Civil Procedure scholars who anxiously awaited the Court’s decision in Mallory v. Norfolk Southern Railway Co. For over a decade, the Court found that states violated due process in asserting personal jurisdiction over various defendants despite the lack of any meaningful burden on the defendant’s ability to defend against claims in the plaintiff’s choice of forum. …
Highspeed Pursuit Of A Claim For Negligence: Analyzing Police Liability In A Vehicular Accident Involving Bystanders, Harry Bell Iii
Highspeed Pursuit Of A Claim For Negligence: Analyzing Police Liability In A Vehicular Accident Involving Bystanders, Harry Bell Iii
Missouri Law Review
Between 1994 and 2002, 3,146 people died as a result of highspeed police pursuits. Many of these decedents were pedestrians, bicyclists, or occupants of an uninvolved vehicle. In fact, statistics from the Federal Bureau of Investigation (“FBI”) indicate that bystander fatalities make up approximately 42% of total fatalities resulting from highspeed pursuits by law enforcement. Deaths related to these pursuits may be even greater than the statistics suggest due to underreporting on the matter. How is fault attributed when a highspeed police pursuit harms an innocent bystander? Can a court attribute liability to law enforcement? Are there legal remedies available …
A Tragedy In Three Acts: Discrimination, Retaliation, And Ferpa, Jackson L. Ferguson
A Tragedy In Three Acts: Discrimination, Retaliation, And Ferpa, Jackson L. Ferguson
Missouri Law Review
As humanity has entered the digital age, we have come to possess incomprehensible amounts of recorded information—by some estimates, 295,000,000,000 gigabytes. With such an abundance of information at our fingertips, careful data management is not just a problem for IT specialists, but an occupational hazard for every American worker with a computer. In Ferry v. Board of Education. of Jefferson City Public School District, a teacher—Tammy Ferry—lost her job because she and her attorney failed to understand the hyper-technicalities involved in data privacy. This Note will argue that Ferry’s school district, the state of Missouri, and the U.S. Congress unintentionally …
It Wasn’T Me: How The Doctrines Of Sovereign Immunity And Misnomer Frustrate Missouri’S Petroleum Cleanup Efforts, Lauren Elizabeth Fleming
It Wasn’T Me: How The Doctrines Of Sovereign Immunity And Misnomer Frustrate Missouri’S Petroleum Cleanup Efforts, Lauren Elizabeth Fleming
Missouri Law Review
Honk! Honk! Crash! You have just been injured in a car accident. The other driver is completely at-fault, but luckily, she was insured. You timely submit your valid claims to her well-known insurance agency, but the agency denies the claim for no apparent reason. While confused and frustrated, you take comfort in the fact that society created insurance companies to address your exact injuries and that the legal system provides remedies for this very situation. Your attorney reassures you that the other driver and her insurance agency will be held accountable, and justice will be served.
Reality Check: The Aim Of Affirmative Action May Often Miss The Mark Of Equal Protection, Kate Frerking
Reality Check: The Aim Of Affirmative Action May Often Miss The Mark Of Equal Protection, Kate Frerking
Missouri Law Review
The American justice system is built around basic guarantees of procedural due process. The Constitution assures certain procedural rights such as notice, an opportunity to be heard, and an impartial jury, not because these rights always ensure successful outcomes, but because they reflect notions of fairness, protection, and equality the nation views as fundamental. While the ultimate goal is that “justice” is served, the Constitution protects “process,” not outcome. If the desire is results-driven, why did the Framers prioritize protecting process over outcome?
Reading The Court’S Palm: The Unclear Present And Future For Cost-Shifting Under Rule 54(D)(1), Anthony M. Whalen
Reading The Court’S Palm: The Unclear Present And Future For Cost-Shifting Under Rule 54(D)(1), Anthony M. Whalen
Missouri Law Review
A tie is like kissing your sister1 This unique turn of phrase captures the American attitude towards ties—there are, or should be, winners and losers. But this notion of dedicated victories and defeats is not as strong as it once was. Whether it is the increased frequency of ties in the National Football League (“NFL”) over the past few years, the growth of soccer in the United States, or the split nature of our bicameral legislature, ties are a familiar part of the average American’s experience. Even our judicial system cannot avoid questions of “ties.” The idea that every court …
Wanted!: Fourth Amendment Protection For St. Louis Residents From The Unconstitutional Wanteds System, Brooke Buerck
Wanted!: Fourth Amendment Protection For St. Louis Residents From The Unconstitutional Wanteds System, Brooke Buerck
Missouri Law Review
Back in the days of Jesse James, Billy the Kid, and Butch Cassidy, wanted posters were plastered all around town: “Wanted! $5,000 Reward!” Law enforcement agencies still utilize wanted posters today, but they appear more commonly on the internet or in the media rather than in classic paper form with bold lettering and a black-and-white portrait of the suspect that is associated with Western films. The purpose of such wanted “posters” or other similar investigatory tools is to facilitate capture by involving the public and communicate the agency’s priorities by showing the public which individuals and crimes are a top …
The End Of An “Eras?” Antitrust Law And Policy Making A Drastic Change In Live Entertainment Ticketing?, Tyler J. Miller
The End Of An “Eras?” Antitrust Law And Policy Making A Drastic Change In Live Entertainment Ticketing?, Tyler J. Miller
The Business, Entrepreneurship & Tax Law Review
Disaster struck for many Taylor Swift fans as Ticketmaster’s system crashed, causing turmoil amongst consumers searching for tickets to Swift’s Eras Tour. This crash led to an outcry for change to create a better live entertainment industry. Congress, courts, consumers, competitors, and legal scholars have responded by proposing numerous potential solutions. Bipartisan and public perception have pointed primarily in one direction: antitrust law and policy. In the wake of over 100 years of antitrust legislation and jurisprudence, Live Nation Entertainment, Inc. has sparked a call for the use of Title 15 of the United States Code to remedy problems in …
The Wealth Of Our Commonwealth: Money, Capital, And Finance In A Productive Commercial Republic, Robert Hockett
The Wealth Of Our Commonwealth: Money, Capital, And Finance In A Productive Commercial Republic, Robert Hockett
The Business, Entrepreneurship & Tax Law Review
There is a share of the investment capital available in any society that is generated by the public. In contemporary societies with well-developed payment systems and effective public governance, this share tends to grow large in comparison to that originated by non-public sources, the latter is intermediated and thus must be pre-accumulated, while the former is generated and is the source of what is accumulated. In spite of these truths, the US outsources management of its public capital stock to private sector financial institutions. This is a practice that a host of underappreciated collective action predicaments endemic to decentralized market …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
Note From The Editor
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
An Undeserved Bad Rap? Finding The Fairness In Mandatory Employment Arbitration, John G. Browning, Janey Whitney
An Undeserved Bad Rap? Finding The Fairness In Mandatory Employment Arbitration, John G. Browning, Janey Whitney
The Business, Entrepreneurship & Tax Law Review
“As many frustrated empirical scholars have noted, it is [difficult] to obtain data regarding claims brought in either litigation or arbitration, and even when data is obtained, it is very [difficult to] compare the two sets of information.” Given the private nature of arbitration proceedings, not all data is readily available. Congress enacted the Federal Arbitration Act (“FAA”) in 1925, governing and providing for “judicial facilitation of private dispute resolution through arbitration.” Since 1925, the use of mandatory employment arbitration clauses has grown dramatically. With such exponential growth has come heightened attention to the practice, resulting in robust debate on …
Deconstructing Business Law Center Design, Mission, And Innovation, Patricia Hureston Lee
Deconstructing Business Law Center Design, Mission, And Innovation, Patricia Hureston Lee
The Business, Entrepreneurship & Tax Law Review
This article identifies the mission, goals, and objectives in Law Centers and provides insights and a taxonomy on the distinct types of Law Center offerings. Next, the article offers a toolkit of ideas to advance stakeholder knowledge, skills, and learning outcomes. Further, the article sets forth a Law Center case study, dis-cussing the Loyola University Chicago Center for Business Law’s design, mission, goals, objectives, and programs. This article recommends that Law Centers reassess their mission, goals and objectives and re-consider enhancing their impact on corporate governance and the emerging local, national, and global issues. There is no better time for …
Tables Turning: How Companies Should Respond To The “Mass Arbitration” Phenomenon And Abernathy V. Doordash, Inc., Isaac Keller
Tables Turning: How Companies Should Respond To The “Mass Arbitration” Phenomenon And Abernathy V. Doordash, Inc., Isaac Keller
The Business, Entrepreneurship & Tax Law Review
Over the last four decades, mandatory pre-dispute arbitration has become an increasingly common method for resolving disputes between corporations and consumers or employees. Despite its harm to smaller and disadvantaged parties, the Supreme Court’s pro-arbitration stance and legislative inaction have allowed this trend to continue. Following the Supreme Court’s 2011 decision in Concepcion, this practice has expanded to include class action waivers. However, a new strategy known as “mass arbitration” is empowering plaintiffs and forcing companies to settle disputes more quickly. This article aims to advise businesses on how to respond to this development, ultimately recommending that businesses reject the …
Permitting The Highs Without Addressing The Lows: Options For Struggling State-Legal Marijuana Businesses Barred From Bankruptcy, Rachel Owings
Permitting The Highs Without Addressing The Lows: Options For Struggling State-Legal Marijuana Businesses Barred From Bankruptcy, Rachel Owings
The Business, Entrepreneurship & Tax Law Review
An increasing number of states are permitting marijuana sales, and an increasing number of individuals are seizing the opportunity to start businesses in an exciting new industry. Though exciting, it is also an industry with an abundance of headwinds: complicated regulatory schemes, high tax rates, and the oversupply of marijuana products as many rush into the industry has led to some firms struggling financially. This Article will summarize the law that prevents such firms from accessing the federal bankruptcy system, analyze some relevant cases pointing at potential routes to bankruptcy for unique situations, and then address state law alternatives to …
Finding The Goldilocks Of Employment Discrimination: The Confusing Approaches To Temporal Proximity., Jordan Roling
Finding The Goldilocks Of Employment Discrimination: The Confusing Approaches To Temporal Proximity., Jordan Roling
The Business, Entrepreneurship & Tax Law Review
There has been substantial discourse between federal circuit courts in determining causality for employment discrimination cases. The article begins with a real-life case of a woman diagnosed with potentially cancerous tumors who, after filing an Equal Employment Opportunity Commission (EEOC) complaint, faced adverse actions by her employer. The central question is how temporal proximity, the time between the complaint and adverse actions, plays a role in determining causality. The article examines the varying approaches of different circuit courts, some of which rely solely on temporal proximity to establish a causal connection, while others demand additional evidence. It also discusses the …
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Journal of Dispute Resolution
The Association of Southeast Asian Nations (“ASEAN”) was established in 1967. The founding members of ASEAN are Indonesia, Malaysia, Philippines, Singapore and Thailand. Five other countries have since joined ASEAN, including Brunei, Laos, Vietnam, Cambodia and Myanmar. Today, ASEAN represents a strong economic organization which has Gross Domestic Product ranking top ten in the world. As to why the founding members decided to establish such an organization, Piris and Woon take the view that it was for the purpose of combating communism during the 1960s. In 2007, a milestone event for ASEAN was the adoption of the ASEAN Charter (“the …
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Journal of Dispute Resolution
LIV Golf has taken the professional golfing world by storm. Started by golfing legend Greg Norman and funded by the Saudi Arabia Public Fund, LIV golf has brought a new league with a new format to golf, but it has also drawn its fair share of criticism due to its sources of funding. In response to the rise of LIV Golf, the PGA TOUR, professional golf’s principal league, announced it would suspend any player that signed a contract to play for LIV Golf. Recently, eleven LIV Golf players and LIV Golf itself have filed an antitrust suit against the PGA …