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Articles 1 - 30 of 78
Full-Text Articles in Law
Public Policy Violations Or Permitted Provisions: The Validity Of Exculpatory Provisions In Residential Leases, Karen A. Read
Public Policy Violations Or Permitted Provisions: The Validity Of Exculpatory Provisions In Residential Leases, Karen A. Read
Missouri Law Review
No abstract provided.
Removal Of Diversity Actions When The Amount In Controversy Cannot Be Determined From The Face Of Plaintiff's Complaint: The Need For Judicial And Statutory Reform To Preserve Defendant's Equal Access To Federal Courts, Alice M. Noble-Allgire
Missouri Law Review
No abstract provided.
Overview Of Bad Faith Litigation In Missouri, Anthony G. Fussner
Overview Of Bad Faith Litigation In Missouri, Anthony G. Fussner
Missouri Law Review
No abstract provided.
Family Autonomy Vs. Grandparent Visitation: Hpw Precedent Fell Prey To Sentiment In Herndon V. Tuhey, Joan C. Bohl
Family Autonomy Vs. Grandparent Visitation: Hpw Precedent Fell Prey To Sentiment In Herndon V. Tuhey, Joan C. Bohl
Missouri Law Review
No abstract provided.
Criticism Of Crack Cocaine Sentences Is Not What It Is Cracked Up To Be: A Case Of First Impression Within The Ongoing Crack Vs. Cocaine Debate , Cristian M. Stevens
Criticism Of Crack Cocaine Sentences Is Not What It Is Cracked Up To Be: A Case Of First Impression Within The Ongoing Crack Vs. Cocaine Debate , Cristian M. Stevens
Missouri Law Review
No abstract provided.
When Does Internet Activity Establish The Minimum Contact Necessary To Confer Personal Jurisdiction, Sean M. Flower
When Does Internet Activity Establish The Minimum Contact Necessary To Confer Personal Jurisdiction, Sean M. Flower
Missouri Law Review
No abstract provided.
Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer
Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer
Journal of Dispute Resolution
This Comment examines the development of the new tax mediation program, its procedures and application, and its current status. Part II reviews the Appeals process leading up to and including the choice of an avenue to resolution of taxpayer disputes other than litigation. Part III explores the new mediation program including the scope of the cases allowed, the requirements for initiating the process and the procedures for implementing the program. Part IV discusses the policy reasons behind the IRS' implementation of the specific procedures and criteria into the new tax mediation program. Finally, Part V is an update of the …
Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Arbitration Agreements: Standard Of Review, Interpretation And Who Is Bound - Kenamerican Resources, Inc. V. International Union, United Mine Workers Of America, Shea Welch
Journal of Dispute Resolution
In KenAmerican Resources, Inc. v. International Union, United Mine Workers of America, the United States Court of Appeals for the District of Columbia Circuit found that a corporation which did not sign an arbitration agreement entered into by an individual who owned both that company, KenAmerican Resources, Inc., and the company that was clearly bound to the arbitration agreement, Ohio Valley Resources, Inc., was not bound by the arbitration agreement. 2 This was because the agent who signed the agreement, Robert Murray, was not acting on KenAmerican's behalf.3
G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro
G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro
Journal of Dispute Resolution
This paper is the product of an unusual collaboration, in terms of both people and process. Data for this study was gathered through interviews conducted during the Fall of 1994 and Spring of 1995.' It was conceived by the Center for the Study of Social Policy ("CSSP"), whose expertise in human services management and financing has often been called upon in class action lawsuits against child welfare agencies across the country. CSSP has served as a plaintiffs expert, court-appointed neutral expert, court-appointed monitor, and neutral settlement facilitator in seven cases, and its experiences differed considerably in each case and role. …
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Schaffer case and the holding of the Fifth Circuit Section III will briefly examine the legal background behind the appeal of arbitrability rulings.9 Section IV will explore the analysis and decision of the Fifth Circuit in Schaffer.0 Finally, Section V will comment on the Schaffer court's holding and discuss its policy implications. This Note will conclude that 9 U.S.C. section 16 must be carefully examined and refined in order to meet the policy goals of arbitration.
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Taking Of The Delhi Sands Flower-Loving Fly: A Commercial Clause Challenge To The Application Of Section 9(A)(1) Of The Endangered Species Act. National Ass'n Of Home Builders V. Babbitt, Stacy Nagel
Journal of Environmental and Sustainability Law
No abstract provided.
Addressing Missouri's Domestic Conflict Of Interests In The Missouri River: A Suggested Approach For Resolution , Craig A. Street
Addressing Missouri's Domestic Conflict Of Interests In The Missouri River: A Suggested Approach For Resolution , Craig A. Street
Journal of Environmental and Sustainability Law
No abstract provided.
The Wild And Scenic River Act's Mandatory Comprehensive Management Plans: Are They Really Mandatory? Newton County Wildlife Ass'n V. United States Forest Serv., Douglas L. Mchoney
The Wild And Scenic River Act's Mandatory Comprehensive Management Plans: Are They Really Mandatory? Newton County Wildlife Ass'n V. United States Forest Serv., Douglas L. Mchoney
Journal of Environmental and Sustainability Law
No abstract provided.
Winter Wonderland: Intervention, Endangered Species And Snowmobiling In Voyageurs National Park. Mausolf V. Babbitt , Rebecca Williams
Winter Wonderland: Intervention, Endangered Species And Snowmobiling In Voyageurs National Park. Mausolf V. Babbitt , Rebecca Williams
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.
Don't Be Shocked If Missouri Applies Strict Products Liability To Electricity, But Should It, Christopher J. Petri
Don't Be Shocked If Missouri Applies Strict Products Liability To Electricity, But Should It, Christopher J. Petri
Missouri Law Review
No abstract provided.
Resolving A Peculiar Paradox: Uninsured Motorist Coverage Applied To An Underinsured Tortfeasor, Thomas D. Bixby
Resolving A Peculiar Paradox: Uninsured Motorist Coverage Applied To An Underinsured Tortfeasor, Thomas D. Bixby
Missouri Law Review
No abstract provided.
Bankrupt Tithers, The Eight Circuit & The Supreme Court: Still Praying For Rfra Relief From Bankruptcy Law, Rachel A. Wilson
Bankrupt Tithers, The Eight Circuit & The Supreme Court: Still Praying For Rfra Relief From Bankruptcy Law, Rachel A. Wilson
Missouri Law Review
The enactment of the Religious Freedom Restoration Act (RFRA) is one of the most important and controversial congressional acts since Congress drafted the Free Exercise Clause. RFRA greatly increases the likelihood that a free exercise of religion claim will succeed by restoring the compelling governmental interest test. Prior to RFRA, the Supreme Court abandoned this test in Employment Division v. Smith Due to the pressure President Clinton brought to bear on the Justice Department in the instant case, it withdrew its brief, which denied that RFRA applied to this bankruptcy case. Without the Justice Department's input, the Eighth Circuit applied …
Serving This Time: Examining The Federal Sentencing Guidelines After A Decade Of Experience, Deanell Reece Tacha
Serving This Time: Examining The Federal Sentencing Guidelines After A Decade Of Experience, Deanell Reece Tacha
Missouri Law Review
No abstract provided.
Declaratory Judgment Act's Actual Controversy Requirement: Should A Patent Owner's Promise Not To Sue Deprive The Court Of Jurisdiction, The, Michael G. Munsell
Declaratory Judgment Act's Actual Controversy Requirement: Should A Patent Owner's Promise Not To Sue Deprive The Court Of Jurisdiction, The, Michael G. Munsell
Missouri Law Review
No abstract provided.
Regulating Expert Testimony, Douglas R. Richmond
Regulating Expert Testimony, Douglas R. Richmond
Missouri Law Review
No abstract provided.
Misappropriation Theory As A Permissible Basis Of Section 10(B) Liability, The, Heather L. Reinsch
Misappropriation Theory As A Permissible Basis Of Section 10(B) Liability, The, Heather L. Reinsch
Missouri Law Review
Whether the misappropriation theory is a permissible basis for liability under section 10(b) of the Securities Exchange Act is an issue that has split the U.S. Courts of Appeals. The issue turns on the statutory interpretation of section 10(b) and Rule 10b-5, as well as policy considerations. The Supreme Court finally settled the issue in United States v. O'Hagan, when it reversed the Eighth Circuit and permitted the United States government to base section 10(b) liability on the misappropriation theory. The effect of the Court's decision is to make a person liable under section 10(b) if he received material and …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Real Results For The Real World: Steve Mahfood Brings His Experience And Philosophy To The Missouri Department Of Natural Resources , Andrea Mazza
Real Results For The Real World: Steve Mahfood Brings His Experience And Philosophy To The Missouri Department Of Natural Resources , Andrea Mazza
Journal of Environmental and Sustainability Law
No abstract provided.
Can Townships Really Smell?: Coping With The Malodorous Problems Of Hog Farms In Rural Missouri. Premium Standard Farms, Inc. V. Lincoln Township Of Putnam County, Benjamin A. Joplin
Can Townships Really Smell?: Coping With The Malodorous Problems Of Hog Farms In Rural Missouri. Premium Standard Farms, Inc. V. Lincoln Township Of Putnam County, Benjamin A. Joplin
Journal of Environmental and Sustainability Law
No abstract provided.