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Full-Text Articles in Law

The Stockley Verdict: An Explainer, Chad Flanders Sep 2009

The Stockley Verdict: An Explainer, Chad Flanders

All Faculty Scholarship

The purpose o f this document is to help explain some o f the existing Missouri law that Judge Wilson used in his opinion. It does not take a side on the opinion itself. At the end o f the day, the decision Judge Wilson made was based on his call on various disputed factual questions. The law was not, for the most part, at issue. I attempt only to describe the legal framework within with Judge Wilson decided the case; not to support or to criticize his verdict. Each person will ultimately have to make his or her own ...


Transnational Legal Practice 2008, Laurel S. Terry, Carole Silver, Ellyn Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert E. Lutz, Peter D. Ehrenhaft Jul 2009

Transnational Legal Practice 2008, Laurel S. Terry, Carole Silver, Ellyn Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert E. Lutz, Peter D. Ehrenhaft

All Faculty Scholarship

The current financial turmoil shaking the world illustrates the connectedness of national markets and economies. Legal practice is no exception: lawyers and their firms are experiencing the upheaval along with their clients.1 This has resulted in new opportunities for lawyers and firms–in bankruptcy and restructuring and, likely in the future, in regulatory advising as well–and, at the same time, in substantial challenges. The promise of benefits from a diversified practice–in terms of both substance and geography–is being tested as lawyers and law firms follow their clients through the uncertainties of the current economic conditions.

As ...


Sealed Documents To Prevent “Perfectly Legitimate” Review And Dissemination Of Privileged Confidential Information, Bridget Hoy, Dana M. Malkus Mar 2009

Sealed Documents To Prevent “Perfectly Legitimate” Review And Dissemination Of Privileged Confidential Information, Bridget Hoy, Dana M. Malkus

All Faculty Scholarship

A recent federal district court case serves as a reminder that when filing documents through an electronic filing system, the information contained in the documents is immediately available to anyone “through perfectly legitimate means: by reading a public filing.” The January 6, 2009 opinion in E-Smart Technologies, Inc., et al. v. Wayne Drizin, et al., 2009 U.S. Dist. LEXIS 272 (N.D. Ca Jan. 6, 2009), demonstrates that when caution is not taken at the onset to seal documents that contain privileged or confidential information, there might be little recourse for immediate distribution of information that one might later ...


'Neutral Principles': Herbert Wechsler, Legal Process, And Civil Rights, 1934-1964, Anders Walker Jan 2009

'Neutral Principles': Herbert Wechsler, Legal Process, And Civil Rights, 1934-1964, Anders Walker

All Faculty Scholarship

This paper recovers Columbia Law Professor Herbert Wechsler's constitutional involvement in the long civil rights movement. Derided for criticizing Brown v. Board of Education in 1959, Wechsler first became involved in civil rights litigation in the 1930s, continued to be interested in civil rights issues in the 1940s, and argued one of the most important civil rights cases to come before the Supreme Court in the 1960s. His critique of Brown, this article maintains, derived not from a disinterest in the black struggle but from a larger conviction that racial reform should be process rather than rights-based. By recovering ...


Table Of Contents Jan 2009

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


Foreword, Eugene Tucker, Gregory Murphy Jan 2009

Foreword, Eugene Tucker, Gregory Murphy

Saint Louis University Public Law Review

No abstract provided.


Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung Jan 2009

Not Dead Yet: The Enduring Miranda Rule 25 Years After The Supreme Court’S October Term 1984, William F. Jung

Saint Louis University Public Law Review

No abstract provided.


The King And I?: An Examination Of The Interest Qui Tam Relators Represent And The Implications For Future False Claims Act Litigation, Nathan D. Sturycz Jan 2009

The King And I?: An Examination Of The Interest Qui Tam Relators Represent And The Implications For Future False Claims Act Litigation, Nathan D. Sturycz

Saint Louis University Public Law Review

No abstract provided.


Baby You Can Drive My Car: Rethinking Greenhouse Gas Emissions Preemption In Light Of Massachusetts And Green Mountain Chrysler, Andrew Gilfoil Jan 2009

Baby You Can Drive My Car: Rethinking Greenhouse Gas Emissions Preemption In Light Of Massachusetts And Green Mountain Chrysler, Andrew Gilfoil

Saint Louis University Public Law Review

No abstract provided.


Establishment And Exclusion: Why The Protection Of The First Amendment’S Establishment Clause Should Be Applied To Adults, Daren C. Rich Jan 2009

Establishment And Exclusion: Why The Protection Of The First Amendment’S Establishment Clause Should Be Applied To Adults, Daren C. Rich

Saint Louis University Public Law Review

No abstract provided.


Table Of Contents Jan 2009

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


Foreword, Henry Biggs, Patrick Barkley Jan 2009

Foreword, Henry Biggs, Patrick Barkley

Saint Louis University Public Law Review

No abstract provided.


The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael Diamond Jan 2009

The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael Diamond

Saint Louis University Public Law Review

No abstract provided.


Participatory Planning And Procedural Protections: The Case For Deeper Public Participation In Urban Redevelopment, Damon Y. Smith Jan 2009

Participatory Planning And Procedural Protections: The Case For Deeper Public Participation In Urban Redevelopment, Damon Y. Smith

Saint Louis University Public Law Review

For decades legal and planning commentators have advocated a deeper and more meaningful level of public participation in urban revitalization efforts. The result of such advocacy has increased the use of public participation as a criterion for awarding federal redevelopment funds but has had little impact on participatory requirements in state redevelopment law. This article explores the theoretical arguments in favor of increased public participation in the redevelopment context and finds that there is an overemphasis on direct democracy arguments and the “empowerment” theory, a concept that belies simple definition. This article explores the intrinsic and instrumental benefits of public ...


Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh Jan 2009

Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 2009

Masthead

Saint Louis University Public Law Review

No abstract provided.


Nix V. Williams And The Inevitable Discovery Exception: Creation Of A Legal Safety Net, Tom N. Mcinnis Jan 2009

Nix V. Williams And The Inevitable Discovery Exception: Creation Of A Legal Safety Net, Tom N. Mcinnis

Saint Louis University Public Law Review

No abstract provided.


Erisa—On The Edge Of Equity: Can “Appropriate Equitable Relief” Be Capped?, Kristina D. Cooksey Jan 2009

Erisa—On The Edge Of Equity: Can “Appropriate Equitable Relief” Be Capped?, Kristina D. Cooksey

Saint Louis University Public Law Review

No abstract provided.


Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly Jr. Jan 2009

Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly Jr.

Saint Louis University Public Law Review

No abstract provided.


The Role Of Investment Banks In The Mortgage Meltdown: Did Investors Slip Through The Holes In Sox?, Elisa C. Clark Jan 2009

The Role Of Investment Banks In The Mortgage Meltdown: Did Investors Slip Through The Holes In Sox?, Elisa C. Clark

Saint Louis University Public Law Review

No abstract provided.


Chronically Stricken: A Continuing Legacy Of Ineffective Assistance Of Counsel, Sanjay K. Chhablani Jan 2009

Chronically Stricken: A Continuing Legacy Of Ineffective Assistance Of Counsel, Sanjay K. Chhablani

Saint Louis University Public Law Review

No abstract provided.


Darkness On The Edge Of Town: Reforming Municipal Extraterritorial Planning & Zoning In Illinois To Ensure Regional Effectiveness & Representation, Andrew P. Gulotta Jan 2009

Darkness On The Edge Of Town: Reforming Municipal Extraterritorial Planning & Zoning In Illinois To Ensure Regional Effectiveness & Representation, Andrew P. Gulotta

Saint Louis University Public Law Review

No abstract provided.


Home Sweet Home? The Efficacy Of Rental Restrictions To Promote Neighborhood Stability, Ngai Pindell Jan 2009

Home Sweet Home? The Efficacy Of Rental Restrictions To Promote Neighborhood Stability, Ngai Pindell

Saint Louis University Public Law Review

No abstract provided.


Informal Homeownership In The United States And The Law, Heather K. Way Jan 2009

Informal Homeownership In The United States And The Law, Heather K. Way

Saint Louis University Public Law Review

No abstract provided.


Land Tenure, Titling, And Gender In Bolivia, Susana Lastarria-Cornhiel Jan 2009

Land Tenure, Titling, And Gender In Bolivia, Susana Lastarria-Cornhiel

Saint Louis University Public Law Review

No abstract provided.


The Death Penalty Of Civil Cases: The Need For Individualized Assessment & Judicial Education When Terminating Parental Rights Of Mentally Ill Individuals, Stephanie N. Gwillim Jan 2009

The Death Penalty Of Civil Cases: The Need For Individualized Assessment & Judicial Education When Terminating Parental Rights Of Mentally Ill Individuals, Stephanie N. Gwillim

Saint Louis University Public Law Review

No abstract provided.


Introduction, Peter W. Salsich Jr. Jan 2009

Introduction, Peter W. Salsich Jr.

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 2009

Masthead

Saint Louis University Public Law Review

No abstract provided.


Standing In The Way Of Judicial Review: Assertion Of The Deliberative Process Privilege In Apa Cases, Michael Ray Harris Jan 2009

Standing In The Way Of Judicial Review: Assertion Of The Deliberative Process Privilege In Apa Cases, Michael Ray Harris

Saint Louis University Law Journal

No abstract provided.


Masthead Jan 2009

Masthead

Saint Louis University Law Journal

No abstract provided.