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- Table of Contents - Issue 4 (2)
Articles 31 - 47 of 47
Full-Text Articles in Law
Challenges And Inconsistencies Facing The Posthumously Conceived Child, Andrew T. Peebles
Challenges And Inconsistencies Facing The Posthumously Conceived Child, Andrew T. Peebles
Missouri Law Review
This Note will discuss the problems with the Supreme Court of the United States’ decision, the inconsistencies that exist in state intestacy law, and the solutions that are necessary to remedy these challenges. Part II gives a brief background of the facts and circumstances surrounding Astrue. Part III discusses the history of the Social Security Administration and in vitro fertilization and points out the conflicting results from various jurisdictions that have death with this issue. Part IV delves into the Supreme Court's reasoning behind its decision in Astrue. Finally, Part V comments on the reasons Astrue was poorly decided, the …
Missouri Court Limits The Reach Of The Pollution Exclusion, Kelly Gorman
Missouri Court Limits The Reach Of The Pollution Exclusion, Kelly Gorman
Missouri Law Review
This Note explains the conflicting viewpoints presented in Wyatt and how the court reached its conclusion that the pollution exclusion clause does not encompass non-traditional pollutants. Part II of this Note describes the facts of Wyatt and the particular position of each party. In Part III, this Note examines the history behind pollution exclusion language and the various forces that shaped its evolution. Part IV then considers how other jurisdictions have dealt with pollution exclusion clauses and what legal theories or principles shaped their decisions. Finally, Part V argues that the Court of Appeals’ rejection of a more broad “pollution …
Suit Up!: Favoring Lenders Over Borrowers, Eighth Circuit Requires Lawsuit Commencement To Effect Tila Rescissions, Timothy M. Guntli
Suit Up!: Favoring Lenders Over Borrowers, Eighth Circuit Requires Lawsuit Commencement To Effect Tila Rescissions, Timothy M. Guntli
Missouri Law Review
Part II of this Note will discuss the facts and holding of Keiran. Part III will examine the legal background and history of TILA and explain recent precedent regarding the specific issue presented in Keiran. In Part IV, this Note will explore the analysis of the majority and dissenting opinions in Keiran. Finally, Part V concludes this Note by criticizing the court’s analysis in the instant decision and contemplating future effects of the decision on borrowers and lenders.
Class Warfare: The Eighth Circuit Clamps Down On Consumer Class Actions Under Rule 23(B)(3), Caleb Wagner
Class Warfare: The Eighth Circuit Clamps Down On Consumer Class Actions Under Rule 23(B)(3), Caleb Wagner
Missouri Law Review
This Note will discuss a lawsuit, brought on behalf of North Dakota insurance policyholders, which challenged a scheme by their insurance company to reduce payments on medical claims. Though the trial court allowed the suit to proceed as a class action, the Eighth Circuit found this decision improper and ruled that the class must be decertified.4 In doing so, the Eighth Circuit did not merely apply the recent Supreme Court rulings disfavoring class actions but also extended them. This Note will argue that these precedents should instead be narrowly construed so that the goals of class litigation may be achieved.
Last Rights Denied: Right Of Sepulcher In Springing Power Of Attorney For Health Care Invalidated, Alice Haseltine
Last Rights Denied: Right Of Sepulcher In Springing Power Of Attorney For Health Care Invalidated, Alice Haseltine
Missouri Law Review
A recent decision from the Missouri Court of Appeals, In re Estate of Collins, holds that when a competent principal under a durable power dies suddenly without the required doctor’s certification of incapacity, the agent’s right of sepulcher does not vest, and therefore, the agent is never granted authority to dispose of the principal’s remains.4 The practical effect of this decision is to invalidate the rights of sepulcher in prevalent springing durable powers of attorney for health care. In light of this decision, all existing springing durable powers of attorney for health care in Missouri should be revisited to ensure …
“We Buy Houses”: A Foreclosure Rescue As The Solution To The Trapped Homeowner Equity Problem, Cori Harvey
“We Buy Houses”: A Foreclosure Rescue As The Solution To The Trapped Homeowner Equity Problem, Cori Harvey
Missouri Law Review
This Article unveils the logic of these transactions and provides market context, which is often misunderstood and under-appreciated by academics, judges, and the public, who do not understand the value of the transactions to the homeowners who use them and to the communities in which the transactions are popular. Instead, the transactions are met with bias and negative assumptions. Critics often present the exceptions as if they are the rules and falsely stereotype the homeowners in these transactions as elderly, frail, and uneducated. As a result, these transactions are increasingly regulated by criminal law, with convicted investors subject to severe …
Are Corporate Super Pac Contributions Waste Or Self-Dealing? A Closer Look, Joseph K. Leahy
Are Corporate Super Pac Contributions Waste Or Self-Dealing? A Closer Look, Joseph K. Leahy
Missouri Law Review
This Article is organized into four parts and a brief conclusion. Part II provides a brief background on the Citizens United decision. Part III describes derivative lawsuits, the business judgment rule, and what little leading scholars have said about shareholders’ ability to challenge corporate political contributions using derivative suits. Parts IV and V, respectively, summarize and critique arguments advanced by two recent authors, that shareholders could challenge political contributions as a breach of the duty of loyalty. Part IV deals with the theory of corporate waste and Part V deals with the theory of self-dealing
Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst
Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst
Missouri Law Review
This Summary examines how this inconsistency of law came to be, the public policy arguments for and against protecting spouses from being required to sign guaranties, and the potential actions which could be taken to resolve the issue. First, this Summary will examine the legal background of the ECOA and Reg. B as well as the paradigm that developed under the assumption that Reg. B was valid law. The Summary will then turn to the recent diverging cases dealing with the regulation’s validity in chronological order, starting with the federal cases that called the law’s validity into question, then moving …
It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce
It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce
Missouri Law Review
Nearly twenty years ago, speaking of the difficulties inherent in managing mass tort cases, Chief Justice William Rehnquist predicted that without coordinated state and federal mechanisms, lawyers would "seek to pursue duplicative and exhaustive litigation." And some courts, "operating under a parochial view of the situation," would allow them to do so. He warned that the result would be "expense, delay, resulting crowding of dockets, divergent decisions on identical factual questions, and sometimes the insolvency of the defendants who are being sued." Despite this and similar warnings, expensive and exhaustive litigation is exactly what has happened in many cases.
Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy
Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy
Missouri Law Review
What follows is a description of UT's race-conscious undergraduate admissions policy, which was at issue in Fisher (and which the parties and the courts concede is all but identical to the policy upheld in Grutter). This is followed by a brief description of the procedural posture of the case and an analysis of the Supreme Court's decision. Finally, this Article argues that Grutter (and, by default, Fisher) represents a dramatic deviation from - and, in effect, a reversal of - the bedrock principle established in Brown. Left unanswered, of course, is whether our nation's highest court will ever reassert that …
Rethinking The Testamentary Capacity Of Minors , Mark Glover
Rethinking The Testamentary Capacity Of Minors , Mark Glover
Missouri Law Review
This Article proceeds in five main parts. Part II provides the context for examining different rationales for the testamentary incapacity of minors. In particular, it explains the doctrine's place in the law of wills and describes the minor incapacity rules in the related areas of contracts and lifetime gifts. Parts III through V analyze three rationales for the testamentary incapacity of minors. Part III reexamines the traditional explanation, which views the age requirement as furthering a protective policy. Part IV suggests an alternative rationale, namely that age serves as a proxy for competence, and Part V analyzes a second alternative, …
From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
Missouri Law Review
To most Americans, the First Amendment's Free Speech Clause is among the most sacred provisions of the Constitution. At first reading, it seems a broad guarantee of the right of citizens to speak their mind without limitation. But the jurisprudence on the clause shows that the law governing free speech is far from uncomplicated. The analysis is made more complex in the context of student speech due to a different set of standards governing the rights of students while they are under the care of their schools. S.J.W ex rel. Wilson v. Lee's Summit R-7 School District, a recent Eighth …
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush
Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush
Missouri Law Review
Each individual has a background, and that background shapes the individual's views about life, creating an inevitable form of bias referred to as "experiential bias." Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O'Connor connected racial …
Amendment 2 And Its Effect On Missourians' Free Exercise Of Religion, Mishelle Martinez
Amendment 2 And Its Effect On Missourians' Free Exercise Of Religion, Mishelle Martinez
Missouri Law Review
This Comment provides a thorough analysis of Amendment 2. The primary issue addressed is whether Amendment 2 will have an impact on Missourians' religious freedoms or whether Amendment 2 merely reaffirms rights already granted under the old article I, section 5 of the Missouri Constitution. If Amendment 2 does add new rights, an analysis of whether such rights are in accord with the First Amendment is required. Part II outlines the legislative history, text, and general commentary on the key provisions of Amendment 2. In Part III, all new provisions under Amendment 2 are analyzed in light of the legal …
Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland
Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland
Missouri Law Review
Considering prior cases where Missouri courts have applied the doctrine of substantial overbreadth, however, State v. Vaughn may represent a significant step towards a more well-defined and consistent approach to the doctrine. Even though Vaughn does not clearly resolve all of the inconsistencies in Missouri's application of the overbreadth doctrine, it represents a necessary and important development in the way the doctrine is applied by Missouri courts.