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Articles 31 - 60 of 3613
Full-Text Articles in Law
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Missouri Law Review
This article, which is based on a keynote address given at the 2023 Missouri Law Review Symposium, addresses the past and predicted future of defamation law in hopes of galvanizing needed reforms. As a necessary backdrop, this article explains why today’s defamation law remains so complex, tracks reforms over the last half century, and explains why the common law of defamation has not adapted adequately to the challenges posed by cheap speech in the digital era. The article then turns to assessing the complaints of defamation law’s most prominent would-be reformers and finds them to rest on an incomplete understanding …
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Missouri Law Review
Social media and video-sharing sites have introduced the concept of “micro-celebrity,” a person who attains fame – rapidly, and potentially fleetingly – among a niche audience of internet users for doing something colorful. As with anyone who participates in the sometimes sharp-elbowed give-and-take of online discourse, these niche celebrities are increasingly being drawn into controversies that can result in litigation. For nearly 60 years, the Supreme Court’s Sullivan standard has afforded critics an extra measure of breathing space when they comment on the conduct of “public” personalities –people with outsized influence, and the ability to defend themselves effectively through counterspeech. …
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
Missouri Law Review
More than half of Americans get their news from social media. These spaces – social media platforms, video and audio recommender systems, social news and gossip boards – have their own fact-checking and editorial cultures that, although not the exact same as those found in newsrooms, offer similar controls for the distribution of information. While imperfect, just like the controls of traditional media, these fact-checking cultures may offer a response to recent US judicial rejection of actual malice and provide a route of inquiry for courts examining evidence to determine if a defamation plaintiff has met the heightened standard. This …
Revisiting Rosenbloom: Can A Return To The “Matter Of Public Concern” Standard In Defamation Cases Quiet Sullivan’S Skeptics?, Amy Kristin Sanders
Revisiting Rosenbloom: Can A Return To The “Matter Of Public Concern” Standard In Defamation Cases Quiet Sullivan’S Skeptics?, Amy Kristin Sanders
Missouri Law Review
As a vocal minority increasingly airs their displeasure with the actual malice rule the U.S. Supreme Court established in New York Times v. Sullivan, media defense attorneys find themselves searching for way to pushback against the possible erosion of a key First Amendment protection for free speech. This article calls for a reconsideration of the “matter of public concern” standard that a plurality of the Court promulgated in Rosenbloom v. Metromedia. The article outlines the chief concerns brought by those who wish to reconsider the requirement that public officials and public figures prove reckless disregard for the truth to recover …
A Duty To Impeach: Libel And Modern Liberalism After Dobbs, Matthew L. Schafer
A Duty To Impeach: Libel And Modern Liberalism After Dobbs, Matthew L. Schafer
Missouri Law Review
The conservative legal establishment is waging war on modern liberalism with Dobbs v. Jackson Women’s Health Organization marking its most recent victory. Against this backdrop, this Article contends that attacks from the right on New York Times Co. v. Sullivan—the Court’s defining First Amendment decision that places political speech at the center of free speech doctrine—are motivated not by bona fide doctrinal disagreements but rather the cynical belief that the specter of defamation liability unrestrained by Sullivan will silence political opponents and, in turn, hasten the end of modern liberalism. So while the battle over Sullivan may not have the …
Half Past Inexcusable: The Lanham Act Needs To Disassociate With The Doctrine Of Laches, Jared Gillen
Half Past Inexcusable: The Lanham Act Needs To Disassociate With The Doctrine Of Laches, Jared Gillen
Missouri Law Review
Who condones time’s ability to place such an incessant stranglehold on one’s emotions? Well, no one, but it is inevitable: time dictates every facet of life. For example, a brief glance at the clock elicits a myriad of potential responses. One possibility is anticipation: painstakingly watching the clock count down the hours, minutes, and seconds until the weekend. The feeling is excruciating. However, the instant the minute hand aligns with that pesky 12 provides an instantaneous, captivating sense of relief. There is no feeling like 5 PM. Conversely, no amount of begging or pleading with Father Time can change the …
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection, Kate Frerking
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection, Kate Frerking
Missouri Law Review
Tort reform has become a prominent and contested issue as legislatures around the country are seeking to reconsider and rewrite the rules of civil tort litigation. Missouri, like many other states, focuses its effort on legislative remedy limitations in the form of statutory caps on noneconomic damages—attractive targets for nationwide reform efforts. There is uncertainty as to whether, and to what extent, this reform measure implicates the constitutional right to trial by jury. The Missouri Supreme Court addressed this issue in Ordinola v. University Physician Associates, and it affirmed the statutory caps on noneconomic damages imposed by the Missouri General …
Let’S Not Talk About It: How Courts Apply Constitutional Avoidance And Qualified Immunity As A Shield For Law Enforcement Officers, Hanna M. Metzler
Let’S Not Talk About It: How Courts Apply Constitutional Avoidance And Qualified Immunity As A Shield For Law Enforcement Officers, Hanna M. Metzler
Missouri Law Review
On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (“SLMPD”) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement officers have garnered unfettered attention from activist movements across the country. Despite the force of movements like Black Lives Matter and Defund the Police, qualified immunity works to protect law enforcement officers against claims that may arise in their line of duty and consistently prevails …
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Missouri Law Review
The issues facing the national name, image, and likeness (“NIL”) debate came to a head on January 17, 2023. On that day, Jaden Rashada—the No. 27 rated high school football recruit in the country—decommitted from Florida when a $13 million NIL deal failed to materialize as promised. The story prompted questions about how schools handle NIL initiatives, the amounts of money thrown at collegiate athletes, and the business model at large for college athletics. It also reveals the challenges states face as they attempt to develop regulatory frameworks for NIL.
Book Review: For Labor To Build Upon: Wars, Depression And Pandemic, William B. Gould Iv, Cambridge University Press, 2022, Joe Lindsay
Missouri Law Review
Despite truly noteworthy workplace organizing and strikes across the country—from Amazon, Starbucks, Peet’s Coffee, and now Trader Joe’s to the nascent movements in the heart of the tech sector—union membership is not keeping pace with the growing workforce. Recent data from the Bureau of Labor Statistics shows that the “share of US workers belonging to labor unions hit a historic low last year.” What’s up? This is the question William Gould addresses in his latest book, For Labor to Build Upon: Wars, Depression and Pandemic. Gould traces how the U.S. labor movement got to where it is today and proposes …
“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer
“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer
Missouri Law Review
For many, the day of a real estate closing is filled with excitement and relief. The process of finding a family home or a building to begin a business is often arduous. On average, the search for a home lasts at least six months. There are long days of showings, stressful negotiations with loan officers, and difficult decisions when purchasing a piece of property. Most buyers and sellers look forward to the day when the paperwork is signed and title, along with all the rights and privileges it affords, passes to the new owners. After closing, the new owners typically …
Achieving The Achievable: Realistic Labor Law Reform, Leonard Bierman, Rafael Gely, William B. Gould Iv
Achieving The Achievable: Realistic Labor Law Reform, Leonard Bierman, Rafael Gely, William B. Gould Iv
Missouri Law Review
A common reprise among labor activists and scholars has been that for the fortunes of labor to change, the law must change. Prompted perhaps by a seeming surge in labor movement activity over the past few years, including headline-grabbing strikes and recent union victories at several U.S. Starbucks locations, various labor law activists and scholars have called to seize the moment and proposed the enactment of comprehensive labor law reform. We argue in this Article that broad-scale labor law reform is unlikely to be enacted by the current U.S. Congress or even have all its provisions pass muster when potentially …
The Applicability Of Intergovernmental Immunity Doctrine To Second Amendment Sanctuary Laws, Dominic Biffignani
The Applicability Of Intergovernmental Immunity Doctrine To Second Amendment Sanctuary Laws, Dominic Biffignani
Missouri Law Review
To what extent can states enact legislation that frustrates federal regulation of firearms—in an effort to maximize protections of the Second Amendment and related state constitutional provisions—without running afoul of the Supremacy Clause? The answer to that question lies within the intergovernmental immunity doctrine, a virtually obscure legal doctrine with origins in the Supremacy Clause and Chief Justice John Marshall’s famous opinion in McCulloch v. Maryland. For many years, the United States Supreme Court was reluctant to clarify the contours of intergovernmental immunity. This did not stop the federal government from asserting the doctrine in various actions to strike down …
The Duality Of Variance Among Esg Assessments, Sung Eun (Summer) Kim
The Duality Of Variance Among Esg Assessments, Sung Eun (Summer) Kim
Missouri Law Review
As more attention is given to environmental, social, and governance (“ESG”) considerations of firms, ESG data and ratings providers are serving an increasingly important function in the corporate discourse. It is reported that there were more than 160 ESG data and ratings providers in 2020, and more than 600 ESG ratings and rankings products available globally as of 2018. Even as the ESG provider and product markets have grown exponentially, however, the lack of ESG data has been cited as an impediment to a broader embrace of the ESG movement. One source of this perception of inadequacy originates from the …
Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson
Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson
Missouri Law Review
Many scholars and courts have written about the historical background of the Second Amendment, either to emphasize its connection to state level citizen militias or to argue that the Amendment protects an individual right to own and carry guns for self-defense. While many authors have mentioned the original congressional debates about the Second Amendment, the literature is missing a thorough, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. This Article attempts to fill this gap by providing …
Sunnier Days Ahead? Missouri’S Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Sunnier Days Ahead? Missouri’S Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Missouri Law Review
Many are aware of the inherent power that a constitution holds. Whether it be the timeless federal document signed in 1787, or a state constitution adopted decades later, a “constitution” in the United States comes with an authoritative voice that instructs the very principles and values the government has long established. Constitutions, by nature, stand the test of time; they create guidelines, structure, and, above all, a sense of justice that lies in the backdrop of every legal argument presented and every court decision rendered.
Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan
Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan
Missouri Law Review
Like any other hardy administrative law article, this Note starts with Chevron. In 1984, the Supreme Court decided the landmark case, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. There, the Court said it will defer to an agency’s interpretation of a statute if that interpretation is reasonable. However, because some on the Court saw Chevron deference as “wrest[ing] from [c]ourts the ultimate interpretive authority to ‘say what the law is’ and hand[ing] it over to the Executive,” exceptions to Chevron deference have appeared like worms after a storm.
“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman
“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman
Missouri Law Review
The Office of Fair Housing and Equal Opportunity (“FHEO”) has a duty to investigate sex-based discrimination in housing. In accordance with recent Supreme Court precedent—which held that Title VII’s prohibition on “sex” discrimination necessarily includes discrimination on the basis of gender identity and sexual orientation—FHEO broadened its definition of sex-based discrimination in an internal memorandum published February 11, 2021. This memorandum directed officers to investigate discrimination in housing based on gender identity and sexual orientation. The change unnerved a private Christian college, College of the Ozarks, located in Missouri. Fearing that this internal memorandum threatened its ability to place students …
Fishy Class Certification: A Packaged Tuna Antitrust Case And A Shift In Class Certification Standards, Mac Newton
Fishy Class Certification: A Packaged Tuna Antitrust Case And A Shift In Class Certification Standards, Mac Newton
Missouri Law Review
Class certification confers a fearsome power on plaintiffs. Organizing a group of otherwise disparate potential claimants through a class action produces a mighty concentration of power that plaintiffs can wield against defendants. This power is exerted on defendants in the form of “hydraulic pressure” to settle, shifting focus from litigation to settlement. The risk involved with one jury standing between a defendant and “potentially ruinous liability” often proves to be intolerable for corporate defendants. The in terrorem nature of class actions means that just by obtaining class certification, plaintiffs achieve a major victory. This notion is borne out by empirical …
The Ncaa's Punts On Transgender Student-Athlete Participation, Josh Lens
The Ncaa's Punts On Transgender Student-Athlete Participation, Josh Lens
Missouri Law Review
The National Collegiate Athletic Association (“NCAA”), which serves as college athletics’s national governing body, states that its basic purposes include supporting and promoting healthy and safe college athletics. It accomplishes this through its stated principles, which include conducting athletics designed to protect, support, and enhance student-athletes’ physical and mental health and its commitment to diversity, equity, and inclusion. These are tall tasks, as half a million student-athletes compete in NCAA-sponsored sports. The NCAA also enjoys a history of taking strong stances on perceived discrimination. More specifically, the NCAA has used its economic influence to effect changes to state legislation or …
The Race To Ban Race: Legal And Critical Arguments Against State Legislation To Ban Critical Race Theory In Higher Education, Vanessa Miller, Frank Fernandez, Neal H. Hutchens
The Race To Ban Race: Legal And Critical Arguments Against State Legislation To Ban Critical Race Theory In Higher Education, Vanessa Miller, Frank Fernandez, Neal H. Hutchens
Missouri Law Review
Anti-critical race theory bills have garnered national attention in the K-12 context. However, many critical race theory (“CRT”) bans also impact institutions of higher education. The bills seek to prohibit the teaching of ideas that include the premise that racism and sexism are pervasive in our society. Those opposing CRT believe its tenets promote anti-white racism, cultural division, and threaten the public institution of education. Scholars and educators have criticized anti- CRT bills for their mischaracterization of the use and tenets of CRT and related theories of scholarship. This Article argues that state anti- CRT laws and policies in higher …