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Full-Text Articles in Law
Remorse Bias, M. Eve Hanan
Remorse Bias, M. Eve Hanan
Missouri Law Review
It is an article that addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants’ displays of remorse and how we can lessen the effects of that bias. This article focuses exclusively on the relationship between racial bias against African Americans – primarily men – and remorse assessment. Much more can and should be said about how implicit biases relating to gender, class, and other social groupings might affect judges when they assess defendant remorse. While taking a multi-dimensional approach to the intersections of race, gender, class, and other variables yields important insights, this article …
An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa
An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa
Missouri Law Review
We studied five years of data on patents listed and sold in the quasi-public “brokered” market. Our data covers almost 39,000 assets, an estimated eighty percent of all patents and applications offered for sale by patent brokers between 2012 and 2016. We provide statistics on the size and composition of the brokered market, including the types of buyers and sellers who participate in the market, the types of patents listed and sold on the market, and how market conditions have changed over time. We conclude with an analysis of what our data can tell us about how to accurately value …
Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim
Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim
Missouri Law Review
This Note argues that the Eighth Circuit’s holding creates uncertainty for both employers and employees. When deciding whether an employer has failed to engage in the interactive process, the Eighth Circuit should look to whether the employee clearly requested a need for an accommodation, rather than examining the totality of knowledge the employer had on hand. Requiring employees to clearly request an accommodation puts employers on notice and thus helps employers better help employees with disabilities. Part II of this Note provides the facts and holding of Kowitz. Part III examines the legal background surrounding Kowitz. Part IV reviews the …
Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan
Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan
Missouri Law Review
This Note argues that the Ninth Circuit erred in holding that the Federal Foreclosure Bar requires the Agency’s consent and that, even if it does require Agency consent, the Agency has not already impliedly consented. This Note also discusses the policy implications of the Berezovsky decision and of requiring the Agency’s consent before associations can foreclose. The Federal Foreclosure Bar completely undercuts the balance that priority lien laws created between lenders and associations, and it effec-tively prevents associations from enforcing their rights.
Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel
Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel
Missouri Law Review
This Note discusses the 2018 Supreme Court of Missouri decision of Bowers v. Bowers, which awarded full custody of a child to her stepfather. The facts in Bowers are discussed in Part II. Part III analyzes the Missouri Uniform Parentage Act and the approaches the Supreme Court of Missouri and Missouri appellate courts have taken when a child’s non-biological parent seeks full custody. Part IV explains the Supreme Court of Missouri’s rationale in granting full custody to the stepfather through a motion for third party custody and the dissent’s disagreement. Finally, Part V discusses why the Bowers court should not …
Disregarding Statutory Safeguards: The Supreme Court Of Missouri's Failure To Recognize Manifest Injustice In Predatory Sexual Offender Determinations, Lauren Vincent
Missouri Law Review
This Note scrutinizes the way in which the Supreme Court of Missouri resolved the issue of whether the predatory sexual offender statute, section 566.125.5(3), is constitutional when applied to currently charged acts in light of the procedural mandates for sentence enhancement provided in section 558.021.2. This Note argues the Supreme Court of Missouri erred in its interpretation of the statutory language provided in section 566.125.5(3) and in its application of Alleyne precedent. This Note further argues the Supreme Court of Missouri failed to recognize the manifest injustice that resulted when the trial court disregarded the statutory timing requirements that should …
Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen
Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen
Missouri Law Review
Currently, in Missouri, if you are an alleged criminal offender unable to afford bail, sitting in county jail waiting for trial, you may be racking up a bill worth thousands of dollars for your “care.” State prosecutors and judges have the discretion to impose this bill upon you, and if you are unable to pay this bill for any reason, then the true cost may well be the incalculable expense of your freedom. The Supreme Court of Missouri recently considered a case that followed this pattern and ultimately released a man who spent three years in state prison for failure …
Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky
Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky
Missouri Law Review
No abstract provided.
Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane
Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane
Missouri Law Review
No abstract provided.
The Drug Innovation Paradox, Erika Lietzan
Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan
Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan
Missouri Law Review
No abstract provided.
More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman
More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman
Missouri Law Review
No abstract provided.
Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow
Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow
Missouri Law Review
No abstract provided.
When Cheating Is Good And Cooperation Is Bad: Conspiracies And The Continuing Violations Doctrine Under The Sherman Act, Brianna S. Hills
When Cheating Is Good And Cooperation Is Bad: Conspiracies And The Continuing Violations Doctrine Under The Sherman Act, Brianna S. Hills
Missouri Law Review
No abstract provided.
Missouri Shows The True Meaning Of The “Show-Me” State – Missouri’S Unfounded Hesitation To Enact A Prescription Drug Monitoring Program, Emma Masse
Missouri Law Review
No abstract provided.
Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer
Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer
Missouri Law Review
No abstract provided.