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Articles 61 - 70 of 70
Full-Text Articles in Law
Incarcerated Childbirth And Broader "Birth Control": Autonomy, Regulation, And The State, Deborah Ahrens
Incarcerated Childbirth And Broader "Birth Control": Autonomy, Regulation, And The State, Deborah Ahrens
Missouri Law Review
In recent years, the scholarly literature, the journalistic press, and even pop culture have begun to grapple with the many ways in which prison life works to degrade and dehumanize female prisoners, particularly pregnant women and new mothers. These voices are drawn – quite understandably – to the worst abuses, to practices (such as the shackling of laboring women) that underscore the dichotomy between the brutality of prison life and the allegedly autonomous norms governing pregnancy and parenting in the outside world. This Article supplements – and in crucial places challenges – the narrative implicit in those depictions by, first, …
Extramarital Relationships And The Theoretical Rationales For The Joint Property Rules – A New Model, Yitshak Cohen
Extramarital Relationships And The Theoretical Rationales For The Joint Property Rules – A New Model, Yitshak Cohen
Missouri Law Review
This Article considers the weight of extramarital relationships in determining the distribution of family property. Under the U.S. legal system, opinions differ as to whether this fault should be a factor in distribution of family property. The controversy is influenced by and arises from an earlier disagreement that followed the “no-fault” revolution of the 1970s, which focused on the role of fault in divorce proceedings. The discussion of fault with regard to property distribution took place without in-depth consideration of the underlying basis and rationales for the principles of joint property and, even more importantly, without relating to their modern, …
A Missouri Citizen’S Guide To Red Light Cameras, Joe Conlon
A Missouri Citizen’S Guide To Red Light Cameras, Joe Conlon
Missouri Law Review
Red light cameras are a hotly debated issue in Missouri. Many supporters argue that red light cameras reduce accidents and save lives.1 Those opposed claim the cameras do more harm than good.2 This Summary provides a brief background on red light cameras and their early use in Missouri. This Summary then discusses the recent development in red light camera laws, including the string of recent Missouri court cases dealing with the issue, as well as proposed state legislation. Finally, this Summary discusses possible legal arguments one can present in court in the event that he or she is accused of …
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Missouri Law Review
This Note begins by discussing the facts and holding of Wade. Next, this Note examines generally the legal background and history of bans on ex post facto laws and on laws retrospective in their operation in Missouri. Then, this Note explains recent precedent regarding such bans, particularly in the context of sex offender registration statutes. After the discussion of precedent, this Note explores the analyses of the majority, concurring, and dissenting opinions in Wade. Finally, this Note concludes with a critique of these analyses in the instant decision and contemplates the future effects of the court’s decision.
There Must Be A Better Way: The Unintended Consequences Of Missouri’S Hancock Amendment. Zweig V. Metropolitan St. Louis Sewer District, Kimberly Hubbard
There Must Be A Better Way: The Unintended Consequences Of Missouri’S Hancock Amendment. Zweig V. Metropolitan St. Louis Sewer District, Kimberly Hubbard
Missouri Law Review
The Hancock Amendment to the Missouri Constitution became law in November 1980 after fifty-five percent of voters approved it. The amendment is a type of provision known as a “tax and expenditure limitation.” The purpose of these provisions was “to restrict the growth of the state budget.” Most people thought it meant that they would not have to pay higher taxes, and they were right to an extent. What voters and Mel Hancock, the amendment’s namesake, did not contemplate were the numerous ill-effects of this constitutional amendment.
Homelessness At The Cathedral, Marc L. Roark
Homelessness At The Cathedral, Marc L. Roark
Missouri Law Review
This Article argues that legal restraints against homeless persons are resolved by applying certain nuisance-like approaches. By drawing on nuisance restraints that adopt property-based and social-identity information, courts and decision-makers choose approaches that create conflict between homeless identities and adopted social identities. These approaches tend to relegate the social choice of whether to tolerate homeless persons to one of established social order (property) or broadly conceived notions of liberty (constitutional rights or due process rights). This Article argues for a broader conception of social identity, which may force parties to internalize certain costs of action, tolerate certain uses, or abate …
Swing And A Miss: The Missouri Court Of Appeals Attempts To Interpret Delaware Corporation Law. Hci Investors, Llc V. Fox, David Ferguson
Swing And A Miss: The Missouri Court Of Appeals Attempts To Interpret Delaware Corporation Law. Hci Investors, Llc V. Fox, David Ferguson
Missouri Law Review
This Note examines the court’s analysis in implicitly adopting this new interpretation of the duties of corporate fiduciaries under the entire fairness standard and argues that by essentially ignoring the dichotomy between the standards and misapplying the relevant case law, HCI Investors was improperly decided. Part II examines the background of the underlying transaction at issue in the case, the parties’ arguments, the lower court’s disposition, the appellants’ arguments on appeal, and the appellate court’s disposition. Part III gives some legal background for the issues at play, including the adoption of Delaware’s corporation law by the Kansas courts generally and …
Consent Not Required: Missouri’S Adoption Laws For Incapacitated Adults. Debrodie V. Martin, Kelly Collins
Consent Not Required: Missouri’S Adoption Laws For Incapacitated Adults. Debrodie V. Martin, Kelly Collins
Missouri Law Review
This Note discusses Missouri’s adoption statutes, specifically adult adoptions and adoptions of mentally incapacitated adults, then explains the best interests of the child determination that courts perform when granting (or denying) a petition for adoption. Part II gives a brief background of the facts and circumstances surrounding DeBrodie v. Martin. Part III discusses the history of Missouri’s adoption statutes, focusing on adult adoptions, and explains the best interests of the child analysis in custody proceedings. Part IV delves into the initial Missouri Court of Appeals’ decision. Finally, Part V comments on the outcome upon remand and re-appeal of the case, …
Photo Identification At The Ballot: Election Protection Or Voter Suppression?, Sean Milford
Photo Identification At The Ballot: Election Protection Or Voter Suppression?, Sean Milford
Missouri Law Review
Voting is one of the most basic rights protected by the Missouri Constitution and it is the most direct way in which citizens interact with their government. Because of its vital importance, it is necessary to ensure that fraudulent voting does not take place. Ensuring that a voter is who she says she is essential to the democratic process, but should be done in a way that does not overburden the fundamental right of voting. By requiring that all voters present specific forms of photo identification in order to receive a ballot, bills introduced in the Missouri House of Representatives …