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Articles 61 - 90 of 3613
Full-Text Articles in Law
Gubernatorial Influence In Merit-Based Judicial Selection: Kansas, Missouri, And Colorado, 2012–2021, Zachary Reger
Gubernatorial Influence In Merit-Based Judicial Selection: Kansas, Missouri, And Colorado, 2012–2021, Zachary Reger
Missouri Law Review
Many states use systems of merit-based judicial selection for supreme court appointments. Under “merit selection,” an independent commission screens judicial candidates before the governor makes a final appointment. Proponents of these systems claim that by limiting gubernatorial influence over the selection process, merit selection protects judicial independence from partisan intrusion. This study evaluates such claims by comparing the recent ideological voting behavior of judges appointed by Republican and Democratic governors in three states. Those states, Kansas, Missouri, and Colorado, use three different types of merit selection—bar-controlled, hybrid, and governor-controlled, respectively—that grant the governor varying degrees of influence over the judicial …
The Curious Case Of Tort Liability For A Defective Product That The Defendant Did Not Make, Sell, Or Distribute, Marin Roger Scordato
The Curious Case Of Tort Liability For A Defective Product That The Defendant Did Not Make, Sell, Or Distribute, Marin Roger Scordato
Missouri Law Review
Rarely does the United States Supreme Court consider and decide an issue of tort law, especially one that does not implicate any aspect of federal constitutional law. The problem of bare-metal equipment is just such an issue, taken up and addressed by the U.S. Supreme Court less than three years ago in the case of Air and Liquid Systems Corp. v. DeVries. Despite the Court’s opinion, the question continues to generate different responses from state courts and fails to enjoy much accord or consensus at the state-law level, where it has the greatest practical impact. The problem presented to the …
Temporary Access And Permanent Consequences: The Misapplication Of Takings Jurisprudence To State Regulations That Benefit The Public Welfare, Maria Ceriotti
Temporary Access And Permanent Consequences: The Misapplication Of Takings Jurisprudence To State Regulations That Benefit The Public Welfare, Maria Ceriotti
Missouri Law Review
In 1975, California enacted the Agricultural Labor Relations Act. The Act, along with many regulations to aid in its enforcement, came after years of infighting between property owners and agriculture workers for fair pay and better treatment. Deplorable conditions included hourly wages at $0.90/hour, inadequate working standards such as a lack of toilets and segregated housing, and poor treatment from the growers. Cesar Chavez organized what is now the United Farm Workers labor organization, which helps agriculture workers across the country collectively bargain and secure their rights, fair pay, and adequate working conditions.
Have Your Cake And Eat It Too (Unless You Are Danny Brock): The Irony Of Missouri’S Co-Employee Liability Statute, Taylor M. Harrington
Have Your Cake And Eat It Too (Unless You Are Danny Brock): The Irony Of Missouri’S Co-Employee Liability Statute, Taylor M. Harrington
Missouri Law Review
April 30, 2013, started like any other day for Danny Brock. Like each day before, he woke up, drove to work, and clocked in. A few hours later, he looked down to see his thumb completely detached from his hand, barely hanging on by the skin. When the injury occurred, Brock was following direct orders from his supervisor, Mark Edwards. Citing safety concerns, Brock opposed the request. But Edwards demanded that Brock proceed. Fearing loss of employment, Brock did as he was told. As predicted, injury ensued. Within seconds, Brock’s hand was crushed. Brock underwent three surgeries and sustained permanent …
Federal Common Law’S Long Shadow: Shedding Light On State Law Rights To Postpetition Default Interest, Evan Miller
Federal Common Law’S Long Shadow: Shedding Light On State Law Rights To Postpetition Default Interest, Evan Miller
Missouri Law Review
Historically, the law imposed harsh penalties on debtors who could not meet their obligations. One regime dismembered the debtor’s body and proportionally distributed it to creditors. Rejecting these draconian penalties, the United States Constitution empowered Congress to enact federal bankruptcy legislation. Bankruptcy laws in the United States helped the “unfortunate” debtor get a fresh start while providing creditors with “prompt and effectual” administration of the debtor’s unmet obligations. In order to accomplish these policy objectives, Congress granted equitable powers to bankruptcy courts. These powers allow bankruptcy courts to occasionally adjust parties’ rights under non- bankruptcy law and fairly distribute the …
The Right To Remain Silent. . . Sometimes: Why § 1983 Claims For Miranda Violations Are Necessary To Fifth Amendment Protection, Logan Moore
Missouri Law Review
The police arrive at your workplace and ask to speak with you. Feeling embarrassed and confused, you agree to accompany them to an isolated room to answer questions. As you pass by the concerned looks and accusatory whispers of your co-workers, you wonder to yourself, “what did I do?” Once in the room, the feeling of helplessness becomes insurmountable. The officers have blocked the exit and begin to vehemently accuse you of a crime. Although you adamantly deny any involvement in or knowledge of the crime, the officers seem prepared to keep you in the room until you make a …
All Aboard? Missouri Statute Risks Failing To Protect Consumers From Hidden Fees And Deceptive Practices Of Prominent Companies, Ethan E. Schroeder
All Aboard? Missouri Statute Risks Failing To Protect Consumers From Hidden Fees And Deceptive Practices Of Prominent Companies, Ethan E. Schroeder
Missouri Law Review
At some point, every consumer has bought something and then found themselves surprised by the hidden fees and countless documents that must be signed as part of the purchase. It may even lead to some level of buyer’s remorse. However, it is not often that buyer’s remorse gives rise to a class action lawsuit brought by over 100,000 consumers against an affiliate of one of Missouri’s largest private corporations. Consumers, such as Robert and Janet McKeage, are often forced to choose between holding retailers accountable for their deceitful practices or paying increased transaction costs when dealing with Missouri retailers. With …
Should The Federal Circuit Stand Down On Standing?, Avery J. Welker
Should The Federal Circuit Stand Down On Standing?, Avery J. Welker
Missouri Law Review
On March 11, 2020, the World Health Organization officially declared COVID-19 a pandemic, just ninety days after patients in Wuhan, China, began experiencing an unknown pneumonia-like illness.1 States rapidly responded, beginning shutdowns just a few days later.2 Amidst the early shutdown chaos, Moderna began human trials on its new COVID-19 vaccine.3 Moderna’s road to vaccine development was not without bumps, however, as the company launched a patent validity attack on another company’s technology it used while developing its vaccine. The dispute made its way to the Court of Appeals for the Federal Circuit, where the question focused on whether Moderna …
A Confusing Clarification: How The Bad-Faith Exception In 28 U.S.C. § 1446(C) Costs More Than It Is Worth, Tate Cooper
A Confusing Clarification: How The Bad-Faith Exception In 28 U.S.C. § 1446(C) Costs More Than It Is Worth, Tate Cooper
Missouri Law Review
It matters where a case is heard. Venue and jurisdiction are not solely dry, esoteric matters—they impact the course of litigation and litigants’ rights. In general, plaintiffs prefer to litigate in state court, while defendants prefer federal court. Unfortunately for defendants, federal courts have limited jurisdiction. To remove an action from state to federal court, defendants must plausibly characterize an action as fitting within a particular jurisdictional grant. As attentive civil procedure students remember from World-Wide Volkswagen Corp. v. Woodson, defendants go to extraordinary lengths to avoid plaintiff-friendly jurisdictions.
Religious Organizations In Missouri Continue To Escape Liability In Negligence Actions Involving Abuse Of Children Under The Guise Of The First Amendment, Rachel M. Taylor
Religious Organizations In Missouri Continue To Escape Liability In Negligence Actions Involving Abuse Of Children Under The Guise Of The First Amendment, Rachel M. Taylor
Missouri Law Review
“Church allowed abuse by priest for years” was the headline of the Boston Globe on Sunday, January 6, 2002. Reporters at the Boston Globe exposed the truth about the horrendous decades of child sexual abuse at the hands of Catholic priests in the Boston area. This story launched the Catholic Church’s secrets into public view and helped unravel the pattern of abuse perpetuated by its leaders for decades. The abuse, however, was not limited to the city of Boston—or even just the United States. Claims of sexual abuse spanned the globe. Thousands of priests have been accused, and the Catholic …
Osha And Public Health In An Emergency And A Culture War, Richard R. Carlson
Osha And Public Health In An Emergency And A Culture War, Richard R. Carlson
Missouri Law Review
The approval of COVID-19 vaccinations for working age Americans in early 2021 offered a welcome release from oppressive non-vaccination safety measures. Group activities including normal employment operations became possible with a greatly reduced risk of serious illness and death. However, escape from the virus and non-vaccination measures was limited by widespread resistance to vaccination. OSHA became one of a handful of federal government offices that adopted rules to motivate more people to accept vaccination as the best way to protect themselves, protect their families, and escape the oppression of non-vaccination measures. OSHA, which regulates private sector “occupational” health, issued an …
The Exclusionary Rule And Judicial Integrity: An Empirical Study Of Public Perceptions Of The Exclusionary Rule, Matthew D. Kim
The Exclusionary Rule And Judicial Integrity: An Empirical Study Of Public Perceptions Of The Exclusionary Rule, Matthew D. Kim
Missouri Law Review
Fourth Amendment violations call upon courts to resolve the difficult question of who will benefit from past misconduct—the factually guilty defendant or the overreaching government. Either way, courts are forced to punish the misdeed of one actor and allow the other to profit from its misconduct, potentially undermining the public’s trust in the courts. The Supreme Court opined that suppressing unlawfully obtained evidence through the exclusionary rule deters police misconduct and better preserves judicial integrity. However, with the recent discrediting of the police deterrence rationale and the growing belief that the suppression of probative evidence instead undermines judicial integrity, the …
Reforming Qualified-Immunity Appeals, Bryan Lammon
Reforming Qualified-Immunity Appeals, Bryan Lammon
Missouri Law Review
The Supreme Court held in Mitchell v. Forsyth that defendants have a right to immediately appeal from the denial of immunity. This right to appeal alone is enough to halt any progress in civil-rights litigation and add complexity to a case, and defendants can use these appeals to wear down plaintiffs. But appeals from the denial of qualified immunity—or simply “qualified-immunity appeals”—are worse than some seem to realize. In the 35 years since Mitchell, the federal courts have steadily expanded the scope and availability of these appeals. The courts have also undermined (or let defendants undermine) the limits on those …
Show-Me The Money: Outdated Solicitation Laws Expose Municipalities To Liability, Jessica Davis
Show-Me The Money: Outdated Solicitation Laws Expose Municipalities To Liability, Jessica Davis
Missouri Law Review
On any given night, roughly half a million people in the United States are homeless. In Missouri alone, approximately 6,500 people are homeless on any given day. Homeless populations create health, safety, and financial complications for municipalities. A strategy used by many municipalities to control these complications is the passage of ordinances restricting the actions of homeless populations. Commonly, these laws restrict solicitation, colloquially known as panhandling. Some laws ban panhandling altogether. While panhandling ordinances may have been a feasible solution in the past, a recent United States Supreme Court decision, Reed v. Town of Gilbert, has rendered many of …
Section 230 Of The Communications Decency Act Of 1996: The Antiquated Law In Need Of Reform, Katherine Mediavilla
Section 230 Of The Communications Decency Act Of 1996: The Antiquated Law In Need Of Reform, Katherine Mediavilla
Missouri Law Review
Imagine a world without the information sharing-giants of Facebook, YouTube, Instagram, TikTok, Twitter, or Reddit. It is nearly impossible to go a day without some type of exposure to content created, published, and shared on such platforms. A world without these platforms would bear a striking resemblance to the world in 1996, when Congress passed the Communications Decency Act (“CDA”). The CDA, often referred to as “the 26 words that made the internet,” states that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content …
“Heads I Win, Tails You Lose”: The End Of Employers’ Exploitation Of The Federal Arbitration Waiver Prejudice Requirement, Peyton E. Rosencrants
“Heads I Win, Tails You Lose”: The End Of Employers’ Exploitation Of The Federal Arbitration Waiver Prejudice Requirement, Peyton E. Rosencrants
Missouri Law Review
On its face, an arbitration agreement suggests a straightforward process: should a dispute between the parties subject to the agreement arise, the dispute will be resolved through arbitration rather than litigation. But sometimes the parties do not follow this seemingly predetermined path. For example, many employers include mandatory, boilerplate arbitration agreements as conditions of employment. As is often the case, what happens when an employee sues her employer without knowledge of the contract’s arbitration clause? What if the employer allows the lawsuit to proceed for several months before it decides that it would fare better before an arbitrator? Must a …
Be Careful What You Wish For: Impeachment In The Trump Era, Gene Healy
Be Careful What You Wish For: Impeachment In The Trump Era, Gene Healy
Missouri Law Review
Having now gotten some distance and perspective on the head-spinning Trump presidency, what have we learned about the way presidential impeachments are likely to work in the future?
Symposium: The Two Impeachments Of Donald J. Trump Foreward: Requiem For Impeachment?, Frank O. Bowman Iii
Symposium: The Two Impeachments Of Donald J. Trump Foreward: Requiem For Impeachment?, Frank O. Bowman Iii
Missouri Law Review
Impeachment was inserted into the Constitution of the United States as a tool of national self-preservation. Although its most common use has been as a quotidian house-cleaning device for dispensing with corrupt or egregiously unsuitable federal judges otherwise unfireable due to life tenure, the American framers conceived impeachment’s real and essential function to be the ejection and permanent electoral disqualification of any president who proved grievously unfit or exhibited a dangerous disposition to autocracy.
Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin
Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin
Missouri Law Review
It was just two years ago this month that the Senate acquitted President Trump in the first impeachment trial, and one year ago this week, he was acquitted in the second trial for inciting an insurrection against the government of the United States. Now, in the first trial, Republican Senators voted to prohibit the trial managers, the actual prosecutors, from subpoenaing any witnesses or documents. They won because they were in the majority. Before both trials, enough Republican Senators, known as jurors, announced that they had already made up their minds to acquit the President—that the not-guilty verdicts were essentially …
First Keynote Address: The Two Impeachments Of Donald J. Trump, Congressman Jamie Raskin
First Keynote Address: The Two Impeachments Of Donald J. Trump, Congressman Jamie Raskin
Missouri Law Review
I believe that violation of the Emoluments Clauses was the original sin of the Trump Administration, and it began essentially on the first day of Trump in office when he said he was not going to give up his more than 150 businesses. He was not going to stop doing business with foreign governments, and he was not taking any pledge about refusing to take money from the federal government. The Foreign Emoluments Clause states that no president, no federal official, may accept presents or emoluments – which are payments – offices or titles of any kind whatsoever from a …
How Impeachment Works, Michael J. Gerhardt
How Impeachment Works, Michael J. Gerhardt
Missouri Law Review
Presidential impeachments test nearly everyone. Whereas constitutional adjudication largely tests the limits and powers of governmental institutions, presidential impeachments do that and more. They test whether and how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials. A popular concern for most observers and commentators during …
Impeachment And Its Discontents, Brian C. Kalt
Impeachment And Its Discontents, Brian C. Kalt
Missouri Law Review
What purpose do presidential impeachments serve if the Senate does not convict? Should impeachment be attempted at all if there is no chance of conviction? These questions remind me of the old joke in which someone is asked whether he believes in infant baptism. He replies, “Believe in it? Heck, I’ve actually seen it done.”