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Articles 1 - 30 of 3613
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 …
The House Of Cards Topples: Examining Appellate Jurisdiction For Transfers Of Venue In Federal Court, Mac Newton
The House Of Cards Topples: Examining Appellate Jurisdiction For Transfers Of Venue In Federal Court, Mac Newton
Missouri Law Review
Many a lunch table argument has been had about a battle between unlikely foes. Who would win: a gorilla or a grizzly bear? A great white shark or a crocodile? Opponents throw their support behind one animal or another and vigorously debate the matchup—“a grizzly bear might be bigger, but a gorilla has opposable thumbs and superior intelligence!” As thrilling and engaging as these debates may be, participants recognize their theoretical nature. Part of the fun is that the question “who would win?” is often unanswerable. The hypothetical combatants simply do not encounter one another in the wild, leaving the …
Balancing Discretion And Fairness: The Potential Pitfalls Of Allowing Judges Too Much Discretion In Sentencing, Kelly A. Mclaughlin
Balancing Discretion And Fairness: The Potential Pitfalls Of Allowing Judges Too Much Discretion In Sentencing, Kelly A. Mclaughlin
Missouri Law Review
Nearly eighty percent of individuals in federal prison for drug offenses are Black or Latino. The War on Drugs, a global campaign started by President Nixon, had an objectively moral goal: reducing the illegal drug trade in the United States. However, in reality, the results of the campaign sparked inequalities in sentencing regimes, which has led to a disproportionate incarceration of minority groups. Most notably, there was a 100-to-1 sentencing disparity between crimes involving crack cocaine (crack) and crimes involving powder cocaine. While this distinction historically claimed to address the theory that powder cocaine has more dangerous health effects; it …
Undermining Confidence In The Judgment: The Supreme Court Of Missouri’S Flawed Application Of Missouri’S Wrongful Conviction Statute, Salvatore Paris
Undermining Confidence In The Judgment: The Supreme Court Of Missouri’S Flawed Application Of Missouri’S Wrongful Conviction Statute, Salvatore Paris
Missouri Law Review
In recent decades, the problem of wrongful convictions has garnered much attention from both legal scholars and the public at large. However, one element of wrongful convictions that deserves more attention is the fact that it is remarkably difficult for a wrongfully convicted person to gain his or her freedom. The appeals and post-conviction process for freeing an innocent person is a tangled web of procedural complexities and technicalities. For wrongfully convicted capital defendants, the stress of the complex process compounds the cloud of impending execution hanging over the defendant’s head.
Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson
Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson
Missouri Law Review
Artificial intelligence, including ChatGPT, is the latest tech trend to create opportunities to transform notice and comment rulemaking. If ChatGPT is only used by members of the public and organizations as a tool to draft comments, it may increase the involvement of the public in the process and assist them in drafting clear and intelligible comments. However, it is unlikely to improve the quality of public comments that they provide to agencies, because it will not help them understand the type of information that agencies are seeking in public comments. In addition, if ChatGPT is used to any significant extent …
Postconviction Remedies, Retroactivity, And Montgomery V. Louisiana’S Other New Rule, Taylor A.R. Meehan
Postconviction Remedies, Retroactivity, And Montgomery V. Louisiana’S Other New Rule, Taylor A.R. Meehan
Missouri Law Review
The U.S. Supreme Court has turned its attention back to the law of habeas corpus, with a string of new decisions that emphasize the limited scope of federal habeas relief. But focusing one’s sights on only those decisions would overlook what has transpired at the Supreme Court in recent years in state habeas cases coming directly to the Supreme Court from the state postconviction courts. Montgomery v. Louisiana, in particular, shifted the division of power between the Supreme Court and state postconviction courts for questions conventionally considered to be questions of state law. Montgomery, on the surface, is a decision …
Getting Serious About Stakeholders, William O. Fisher
Getting Serious About Stakeholders, William O. Fisher
Missouri Law Review
Stakeholder enthusiasm grips public companies and asset managers. Sustainability reports abound, reflecting an appetite for detailed data on company efforts to reduce carbon emissions and water usage and to protect and diversify workforces—while investors still seek returns to finance college tuition and fund retirement. But commentators and those who control public companies fail to engage on fundamental questions: Which stakeholders count? To what degree will companies sacrifice shareholder return to benefit those stakeholders? What happens when the interests of differing sets of non-shareholder stakeholders differ? Is all the commotion really necessary, given the many laws and regulations protecting such stakeholders? …
When Push Comes To Shove: How Qualified Immunity Shuts The Door To Constitutional Claims Against Law Enforcement, Scott J. Bower
When Push Comes To Shove: How Qualified Immunity Shuts The Door To Constitutional Claims Against Law Enforcement, Scott J. Bower
Missouri Law Review
Sometimes lawyers get pushed around—both literally and figuratively. However, it is not every day that a Netflix camera crew might capture such an altercation on camera. While filming a Netflix documentary about the experiences of undocumented persons in the United States, Andrea Martinez found herself in a precarious situation that resulted in her suing two United States Immigration and Customs Enforcement agents for allegedly violating her Fourth Amendment rights. Plaintiffs like Martinez often struggle to overcome the strenuous legal doctrine of qualified immunity when filing suit against government officials. Several circuits across the country are clarifying legal guidelines and applying …
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
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 wish by incorporating their designed terms and conditions. The software industry assert contractual rights without providing corresponding …
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 …
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 …
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 …