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Articles 1 - 30 of 88
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
What Actions Cause One To Be A Generator In Order To Be Exempted From The Resource Conservation And Recovery Act? United States V. Sims Bros. Constr., Inc. , Leecia D. Carnes
What Actions Cause One To Be A Generator In Order To Be Exempted From The Resource Conservation And Recovery Act? United States V. Sims Bros. Constr., Inc. , Leecia D. Carnes
Journal of Environmental and Sustainability Law
No abstract provided.
The Effect Of Deminimis Polluting In The Sixth Circuit. Kalamazoo River Study Group V. Rockwell Intl. Corp. , Gary A. Troxell
The Effect Of Deminimis Polluting In The Sixth Circuit. Kalamazoo River Study Group V. Rockwell Intl. Corp. , Gary A. Troxell
Journal of Environmental and Sustainability Law
No abstract provided.
Should Missouri Farmers Of Genetically Modified Crops Be Held Liable For Genetic Drift And Cross-Pollination?, Stephen M. Scanlon
Should Missouri Farmers Of Genetically Modified Crops Be Held Liable For Genetic Drift And Cross-Pollination?, Stephen M. Scanlon
Journal of Environmental and Sustainability Law
No abstract provided.
A Clear Statement Of Recovery: Applying The Ncta Doctrine In The Determination Of Whether Oversight Costs Are Recoverable Under Cercla. U.S. V. Dico , Jason L. Cordes
A Clear Statement Of Recovery: Applying The Ncta Doctrine In The Determination Of Whether Oversight Costs Are Recoverable Under Cercla. U.S. V. Dico , Jason L. Cordes
Journal of Environmental and Sustainability Law
No abstract provided.
Interpreting The Criminal Sentencing Provisions Of The Clean Water Act: Lessening The Government's Burden Of Proof At The Cost Of Constitutional Rights. U.S. V. Chemetco., Inc. , David A. Brose
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental News
Journal of Environmental and Sustainability Law
No abstract provided.
Legislative Update
Journal of Environmental and Sustainability Law
No abstract provided.
Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers
Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers
Missouri Law Review
Appraisal statutes are available to provide fair compensation to minority shareholders of corporations who are squeezed out against their will. Missouri Revised Statutes Section 351.455. the Missouri statute that provides for appraisal rights in the event of a merger or consolidation, requires corporations to pay dissenting minority shareholders “fair value” for their shares. The Missouri appraisal statute does not define “fair value,” nor does it provide a mathematical formula for determining the value of dissenters’ shares. Rather, Missouri case law has established that courts are to consider all relevant facts and circumstances to determine the value of a dissenter’s shares. …
Proposal To Reform The Like Kind And Involuntary Conversion Rules In Light Of Fundamental Tax Policies: A Simpler, More Rational And More Unified Approach, Fred B. Brown
Missouri Law Review
This Article seeks to improve the like kind and involuntary conversion rules, that is, make the provisions more rational and less complex, by analyzing them in light of the fundamental tax policies of efficiency, equity, and administrability. A review of these rules under efficiency and equity principles arguably will lead to a more rational scheme for providing nonrecognition treatment to voluntary and involuntary dispositions given the recognized importance of these policies in structuring the federal income tax system. Further, a careful consideration of tax administration concerns should serve to simplify the application of these nonrecognition provisions. Part II of this …
Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii
Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii
Missouri Law Review
This Article discusses the court’s misuse of the similarly situated concept. Part II is a short summary of the employment discrimination law, concentrating on the system developed by the Supreme Court for indirectly proving an individual disparate treatment case. Under the Supreme Court’s methodology, one way that a plaintiff may prove a prima facie case is to point to a similarly situated employee who the employer treated differently. Some courts, however, require a similarly situated showing as an element of plaintiff’s prima facie case. Part III discusses the problems with such a requirement. Part III.A briefly surveys the caselaw form …
Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger
Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger
Missouri Law Review
This Article argues that Department of Labor regulations should continue to require employers to make a pre-leave designation of whether FMLA leave will run concurrently with, or consecutive to, the employer’s leave and give notice to their employees, but that the penalty for an employer’s noncompliance should be modified to comply with the Supreme Court’s decision in Ragsdale v. Wolverine World Wide, Inc. These conflicting positions are evaluated by analyzing the rationales behind the dicisions to impose or not to impose employer notice requirements. This Article argues that the courts should require employers to notify employees whether employer-provided leave runs …
Picture Worth Ten Thousand Words: Non-Audio Surveillance Videotapes Now Statements Under Section 287.215 Of Missouri's Workers' Compensation Law, The, Jason C. Rahoy
Missouri Law Review
When Michael Fisher filed his workers’ compensation claim, he was unaware that his employer, Waste Management of Missouri, had been secretly videotaping his physical activities. Not surprisingly, the submission of the surveillance videotapes at Fisher’s compensation hearing significantly contributed to the reduction of his disability ruling. The admission of these surveillance videotapes is, subsequently, the focus of this Note. Specifically, this Note will examine the meaning of a “statement” under Missouri’s workers’ compensation law and the process through which an employee can obtain such statement prior to a compensation hearing.
Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner
Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner
Missouri Law Review
This Note examines the broadened application of Missouri’s workers’ compensation statute under Smith v. District II A & B, in which the Missouri Court of Appeals awarded workers’ compensation benefits to a worker injured when he drove from a work function while intoxicated. By awarding workers’ compensation benefits to cover illegal conduct such as illegally driving while intoxicated, Missouri courts are violating legislative intent, violating the historical purpose of workers’ compensation, and potentially hurting the society the legislature sought to unburden when it created a compensation scheme for injured workers.
Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker
Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker
Missouri Law Review
This Law Summary begins with a brief overview of the clinical treatment of sexual predators. The clinical background section enhances the discussion of legislation and jurisprudence because the adjudication of an individual as a sexually violent predator, in many states, involves testimony form medical experts and findings as to the individual’s ability to control his behavior, and, consequently, the likelihood that he will re-offend if he is released. This Law Summary then describes the legislative and judicial responses to sexual predators as well as the United States Supreme Court’s interpretation of sexually violent predator statutes and its declaration of their …
Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas
Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas
Missouri Law Review
This Article focuses on the legal impacts of immigration at the state level. The pros and cons are primarily considered and debated at the federal level, however, because immigration has been mainly a prerogative of the federal government. States have not had much of an impact on immigration policy. Nevertheless, the repercussions of inconsistent choices have fallen on the states. Missouri and many other states are now home to Latinos and other immigrants because they have found in the Midwest their version on the American dream: a job, upward mobility, and security. Many are providing essential labor to key industries, …
Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble
Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble
Missouri Law Review
The federal courts have often been faced with the “recurring and inherent conflict” between the Limitation of Liability Act and the saving to suitors clause. The Limitation of Liability Act allows a shipowner to absolutely limit its liability, for collisions and other losses which take place without the owner’s privity or knowledge, to the value of the ship and its freight then pending. The Act also provides for exclusive federal admiralty jurisdiction to determine whether an owner is entitled to limitation of its liability. The saving to suitors clause, on the other hand, which is included in the statutory grant …
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Journal of Dispute Resolution
The purpose of this Comment is to define the scope and advantages of using both the UDRP and the ACPA. In the same regard, this Comment looks at the limitations of the UDRP and the ACPA and the problems which have arisen in the arbitrations and cases that have come under both.
Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing
Journal of Dispute Resolution
Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions
Culture Change - A Tale Of Two Cities And Mandatory Court-Connected Mediation, Julie Macfarlane
Culture Change - A Tale Of Two Cities And Mandatory Court-Connected Mediation, Julie Macfarlane
Journal of Dispute Resolution
This is the first study to ask Canadian lawyers to describe in depth what they really think about mediation and the impact it has had on their litigation practices.'3 Their responses are rich, reflective and diverse. Many different understandings of mediation goals within litigation are present in the legal profession itself, and this lack of consensus is reflected in the results of this study. Before explaining the methodology of the study, it is useful to first set out its theoretical premises and to relate these to previous research on the legal profession which offer important insights relevant to the development …
Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon
Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon
Journal of Dispute Resolution
This article begins with a brief background of ADR, democratization programs, and legal reform programs. Section Three describes the Cookie Cutter Syndrome and examines the assumptions that shape legal reform efforts and that impact if and how ADR is used. Section Four examines how legal and judicial reform programs could look more broadly at using various forms of ADR to more effectively change the legal cultures in post-communist societies. The article concludes that legal reform assistance needs to further individualize programs for the conditions in specific countries, and that assistance programs should more fully integrate ADR. I do not recommend …
Does An Employee's Binding Arbitration Agreement Limit The Enforcement Of Powers Of The Eeoc: The Supreme Court Rules That It Does Not - Equal Employment Opportunity Comm. V. Waffle House, Adam W. Graves
Journal of Dispute Resolution
The friction between the FAA and Title VII arises when an injured employee has signed an arbitration agreement with an employer and subsequently experiences discrimination in some fashion in the workplace. The FAA would require that the employee take the action to arbitration, whereas if the EEOC found probable cause, it could file in its own name and avoid the arbitration agreement. So, should the EEOC be allowed to recover on the behalf of an employee who has signed an arbitration agreement? A circuit split on this issue prompted the Supreme Court to grant certiorari in EEOC v. Waffle House."
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Journal of Dispute Resolution
The standard for review of arbitrator awards remains a hotly litigated topic. Pelc v. Petoskey, Hough v. State Farm Insurance, and Hart v. McChristian are examples of the limited review even when arbitral awards are challenged for errors of law or of fact. The student project covers these and many other cases decided under the UAA. All attorneys handling cases under the UAA, scholars writing on issues relating to the Act, and judges determining cases involving the statute should consider this comprehensive and high quality case analysis.
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.4
Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter
Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter
Journal of Dispute Resolution
There are many types of mediation. This article focuses exclusively on mediations within Professor Lande's "liti-mediation culture" - those dealing with disputes that are or may become the subject of litigation. I address both court-connected and private mediations as I believe that the potential for bad faith exists in both. Following this Introduction, in Part II, I examine definitions of "good faith" in mediation, I then review commentary and case law on good faith requirements. In Part III, I argue that certain objectively determinable behavior ought to be proscribed. By contrast, some good faith standards adopted by courts or advocated …
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
Journal of Dispute Resolution
The Federal Arbitration Act ("FAA") allows for arbitration to be a medium by which parties may settle disputes more expeditiously than litigation. The FAA declares specifically that written agreements to resolve disputes through arbitration are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.,' 2
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Federal Preemption And The Aea: How Federal Preemption Law "Nukes" State Law That Affects Nuclear Waste, Scott S. Smith
Federal Preemption And The Aea: How Federal Preemption Law "Nukes" State Law That Affects Nuclear Waste, Scott S. Smith
Journal of Environmental and Sustainability Law
No abstract provided.
Enforceability Of Sale Contracts When Environmental Contamination Is Found: Legal Breach Of Contract? Contract Freighters, Inc. V. J.B. Hunt Transport, Inc., M. Katherine Freed
Enforceability Of Sale Contracts When Environmental Contamination Is Found: Legal Breach Of Contract? Contract Freighters, Inc. V. J.B. Hunt Transport, Inc., M. Katherine Freed
Journal of Environmental and Sustainability Law
No abstract provided.
The Ninth Circuit's "Take" On Incidental Take Statements: A Step In The Wrong Direction? Arizona Cattle Growers' Assn. V. U.S. Fish & Wildlife, Bureau Of Land Mgt., Daron G. Garey
Journal of Environmental and Sustainability Law
No abstract provided.