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Articles 1 - 30 of 94
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Compliance: Negotiating The Regulatory Maze, Richard F. Chatfield-Taylor
Environmental Compliance: Negotiating The Regulatory Maze, Richard F. Chatfield-Taylor
Journal of Environmental and Sustainability Law
No abstract provided.
Cases To Watch And Legislative Summaries
Cases To Watch And Legislative Summaries
Journal of Environmental and Sustainability Law
No abstract provided.
Looking The Gift Horse In The Mouth: Wild Horse Management In Ozark National Scenic Riverways. Wilkins V. Lujan , Sarah Madden
Looking The Gift Horse In The Mouth: Wild Horse Management In Ozark National Scenic Riverways. Wilkins V. Lujan , Sarah Madden
Journal of Environmental and Sustainability Law
No abstract provided.
Cancerphobia Damages In Missouri: A Comprehensive Discussion On Toxic Torts And Fear Of Disease Recovery Comments And Casenotes , Thad R. Mulholland
Cancerphobia Damages In Missouri: A Comprehensive Discussion On Toxic Torts And Fear Of Disease Recovery Comments And Casenotes , Thad R. Mulholland
Journal of Environmental and Sustainability Law
No abstract provided.
Municipal Incinerator Ash Regulated As A Hazardous Waste Under Rcra: Costs And Options. City Of Chicago V. Environmental Defense Fund, Jackie Hamra
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, The, Edward A. Fallone
Clinton Court Is Open For Business: The Business Law Jurisprudence Of Justice Stephen Breyer, The, Edward A. Fallone
Missouri Law Review
The nomination process for the Supreme Court has taken a welcome turn towards civility under President Clinton. The Ginsburg and Breyer nominations have been notable for the lack of partisan attacks on either nominee. However, analysis of the nominees' prior judicial record by the media and some observers continues to be outcome oriented rather than theory based. This single-minded attention to the ultimate "winners" and "losers" in a case creates the illusion of a particular political ideology on the part of the judge, with little true predictive value.
Children And Comparative Fault: Determining The Burden Small Shoulders Should Bear, Leta Elizabeth Hodge
Children And Comparative Fault: Determining The Burden Small Shoulders Should Bear, Leta Elizabeth Hodge
Missouri Law Review
Missouri has long favored a system that treats assessment of a child's contributory fault as a fact issue. Although the system, referred to as the "modem trend," has undeniable advantages and provides protection for both children and the adults who negligently injure them, the system has drawbacks when applied to very young children. The negatives of the system should lead us to question whether society is adequately protecting its youngsters or demanding far too much of them.
Preemption And Medical Devices: The Courts Run Amok, Robert S. Adler, Richard A. Mann
Preemption And Medical Devices: The Courts Run Amok, Robert S. Adler, Richard A. Mann
Missouri Law Review
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety matters comes from recent cases relating to medical devices and preemption. In this Article, we review the law relating to preemption, the Cipollone decision, the preemption provisions of the MDA, the regulations issued by the Food and Drug Administration ("FDA") relating to preemption, and the impact of Cipollone on court interpretations of the MDA. Based on our review of the intended preemptive effect of the MDA, we conclude that it is unlikely that either Congress or the FDA intended for the MDA to preempt state …
Cause-In-Fact In Missouri: A Return To Normalcy, Christopher M. Hohn
Cause-In-Fact In Missouri: A Return To Normalcy, Christopher M. Hohn
Missouri Law Review
In order to establish liability in most tort actions, a plaintiff must show that the defendant "caused" the injury or harm in question. This Note focuses on the cause-in-fact requirement discussed in the Missouri Supreme Court case, Callahan v. Cardinal Glennon Hospital. In Callahan , the court dispelled much of the confusion that has plagued Missouri cause-in-fact analysis.' The court clearly expounded the test for cause-in-fact questions. Furthermore, the court explained the exception to the basic test, and clarified Missouri law regarding this essential element of tort liability.
Output Contracts And The Unreasonably Disproportionate Clause Of 2-306, Randal Owings Owings
Output Contracts And The Unreasonably Disproportionate Clause Of 2-306, Randal Owings Owings
Missouri Law Review
Open quantity contracts evolved due to the commercial advantages inherent in such contracts. However, the level of permissible quantity variation within an open quantity contract has been frequently litigated. In Atlantic Track and Turnout v. Perini, the First Circuit resolved a dispute concerning variation within such a contract. This Note examines the traditional analysis used by the court in resolving this dispute and suggests an alternative method of analysis.
Amending The Article Nine Filing System To Meet Current Deficiencies, Edward S. Adams, Steve H. Nickles
Amending The Article Nine Filing System To Meet Current Deficiencies, Edward S. Adams, Steve H. Nickles
Missouri Law Review
Article Nine' is currently undergoing substantial revision. "[B]ecause secured credit is a trillion-dollar activity," this revision is extraordinarily significant. A focal point of this amendment process is Article Nine's notice-filing system which apprises prospective creditors, and others, of a secured party's interest in a debtor's collateral.' As few would dispute, the notice-filing system, which seeks to cure the "ostensible ownership problem," is in serious need of repair.
Loss Of A Chance As A Cause Of Action In Medical Malpractice Cases, Robert S. Bruer
Loss Of A Chance As A Cause Of Action In Medical Malpractice Cases, Robert S. Bruer
Missouri Law Review
Judicial treatment of the relationship between causation and the relatively new theory of loss of a chance in medical malpractice cases demonstrates this welter of confusion. In 1992, the Supreme Court of Missouri addressed whether loss of chance can constitute a cause of action under Missouri law. This Note will examine the Wollen decision as well as the myriad of cases addressing loss of chance.
Missouri Slams The Door On Employees Of Independent Contractors, Matthew A. Clement
Missouri Slams The Door On Employees Of Independent Contractors, Matthew A. Clement
Missouri Law Review
Generally, a landowner is not liable for torts committed by an independent contractor. However, a landowner may be held responsible by an injured party if the work performed is "inherently dangerous." This Note examines the evolution of the law in this area and addresses the policies that aid in determining whether to allow employees of independent contractors to recover in tort from landowners when workers' compensation has already reimbursed them.
Birth Of Preconception Torts In Missouri, The, Raymond E. Williams
Birth Of Preconception Torts In Missouri, The, Raymond E. Williams
Missouri Law Review
The term"'preconception tort' refers to negligent conduct which occurred prior to the plaintiff’s conception.” This Note examines the legal development of preconception tort doctrine with particular focus on the foreseeability, statute of limitations, and policy issues flowing from the duty a defendant owes to an unborn plaintiff.
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Journal of Dispute Resolution
The public's interest in and use of alternative forms of dispute resolution has been in existence for hundreds of years.2 However, today's rejuvenated interest in alternative forms of dispute resolution can be traced to the late sixties Since that time, alternative forms of dispute resolution have been labeled the wave of the future. The growth of alternative forms of dispute resolution can be seen in the tremendous increase in programs offering dispute resolution services. In 1980, there were approximately one hundred dispute resolution programs located throughout the United States. Today, there are over four hundred dispute resolution programs available to …
Public Employee Bargaining Rights: An Avenue For Success For The Majority Or A Trap For The Minority - Wrinkle V. International Union Of Operating Engineers, Local 2, Afl-Cio, Greg W. Pearman
Journal of Dispute Resolution
The rights of public employees are governed by state statute and the state or federal constitution.2 Wrinkle, a case of first impression in Missouri,3 presents the issue of whether a group of employees, constituting a minority of an existing bargaining unit, have the right to appeal a State Board of Mediation determination which prevented them from forming a separate bargaining unit.
Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl
Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl
Journal of Dispute Resolution
This Article argues that the Wisconsin Judicial Council's court-ordered ADR plan, which was adopted by the Wisconsin Supreme Court in December of 1993," will benefit libel litigants by giving them an alternative to the courtroom battle. The Article discusses the interests of the plaintiff and defendant in libel litigation and how ADR will benefit each, as well as critiques the structure of current libel law. The Article also analyzes other proposed alternatives to libel litigation and evaluates their effectiveness. The Article examines the efficiency and effectiveness of Florida's dispute resolution program, which provides settlement options similar to those found in …
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Journal of Dispute Resolution
In both its private and more recently, public (court-annexed) forms, arbitration has proven to be an effective tool in fighting the explosion of litigation. In certain contexts, however, some dispute has arisen as to who can actually be an arbitrator. DDI Seamless Cylinder provides an excellent example of this newly disputed area in the framework of the federal courts.
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Journal of Dispute Resolution
Recent Developments: The Uniform Arbitration Act, a project prepared annually since 1983, is a survey of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.A. 4 The purpose of this project is to promote uniformity in interpretation of the U.A.A. by explaining the underlying policies and rationales of recent court decisions.'
Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana
Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana
Journal of Dispute Resolution
The aim of this Article is to examine the function of the ombudsman in the context of long-term health care facilities.6 The first part of the Article will consider the broader history and purposes of the office of the ombudsman. The second part will focus on the traditional methods used to ensure quality of care in the nursing home. The third part will examine the specific role played by the ombudsman in the ecological context of the nursing home. Finally, the fourth part will consider the effectiveness of the nursing home ombudsman as an alternative form of dispute resolution. In …
Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin
Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin
Journal of Dispute Resolution
Arbitration agreements are a step in the right direction for alternate dispute resolution. Obviously, before a court can grant a motion to compel arbitration pursuant to such an agreement, it must find that both parties are, indeed, bound by that agreement.' Although a traditional contract law analysis is ordinarily used to determine who is bound to a contract containing an arbitration provision, when an escrow agent acting on behalf of one party to a contract binds that party to an agreement to arbitrate, traditional contract law analysis must be altered to take into account the extent of an escrow agent's …
Union Walks In The Sixth: The Integrity Of Mandatory Non-Binding Grievance Procedures In Collective Bargaining Agreements - At & (And) T V. Communications Workers Of America, Afl-Cio, The, Mark Riley Kroeker
Journal of Dispute Resolution
There are many mechanisms short of industrial action which labor unions and employers use to resolve disputes. Anticipating conflict, but aiming to avoid industrial action, the two parties might place an arbitration agreement or other mandatory grievance adjustment procedure into their collective bargaining agreement. This agreement will reflect the parties' understanding as to how disputes are to be resolved. This Note examines the limited circumstances in which the federal courts will enjoin union protest activity carried out in violation of a collective bargaining agreement's provisions regarding dispute resolution. It focuses on the analytic inconsistency of the judicial refusal to enjoin …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Law Of Repelling Floods In Missouri , Peter N. Davis
Law Of Repelling Floods In Missouri , Peter N. Davis
Journal of Environmental and Sustainability Law
No abstract provided.
Obstacles To The Formation Of Solid Waste Landfills In Missouri , Anthony P. Farrell
Obstacles To The Formation Of Solid Waste Landfills In Missouri , Anthony P. Farrell
Journal of Environmental and Sustainability Law
No abstract provided.
The Rcra/Cercla Debate: Application Of State Standards At Federal Hazardous Waste Sites. United States V. Colorado, Alyse Hakami
The Rcra/Cercla Debate: Application Of State Standards At Federal Hazardous Waste Sites. United States V. Colorado, Alyse Hakami
Journal of Environmental and Sustainability Law
No abstract provided.