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Articles 91 - 99 of 99
Full-Text Articles in Law
Special Defenses In Modern Products Liability Law, David G. Owen
Special Defenses In Modern Products Liability Law, David G. Owen
Missouri Law Review
This article examines special defenses in products liablitly. Specifically, the government contractor defense, the regulatory compliance defense, and statutes of limitations and repose. These defenses are less common than those based on plantiff conduct, but when they do apply they can control the outcome of a case.
Disinheriting The Legal Orphan: Inheritance Rights Of Children After Terminations Of Parental Rights, Richard L. Brown
Disinheriting The Legal Orphan: Inheritance Rights Of Children After Terminations Of Parental Rights, Richard L. Brown
Missouri Law Review
This Article addresses the inheritance rights of these legal orphans. Part II of the Article outlines the nature of state termination of parental rights statutes, notes the effect of recent federal legislation on those proceedings, and describes the effect of various types of termination of parental rights statutes on the inheritance rights of the child. Part III(A) argues that barring a child's right to inherit from terminated parents contravenes the policies that underlie the child welfare system. Part III(B) argues that disinheritance of the children of terminated parents is also inconsistent with the broader scheme of intestate succession.
Applying Restraints To Private Police, Heidi Boghosian
Applying Restraints To Private Police, Heidi Boghosian
Missouri Law Review
Private security needs better public oversight. This Article argues that equitable remedies in the form of improved training and oversight should be requested as part of relief in all Section 1983 claims involving private police. Improved training would greatly benefit society by reducing the number of violent encounters between private security officers and the public.
We Were Only Teasing: The Eighth Circuit Misses The Quintessence Of Hostile Work Environment Claims Under The Ada, J. Andrew Hirth
We Were Only Teasing: The Eighth Circuit Misses The Quintessence Of Hostile Work Environment Claims Under The Ada, J. Andrew Hirth
Missouri Law Review
Shaver v. Independent Stave Co. holds that a hostile work environment is actionable under the Americans with Disabilities Act. This article examines burden established by the decision for ADA plaintiffs. Leading to the conclusion that it is erroneous because it creates the unintended result of a lesser burden for ADA plaintiffs than for Title VII plaintiffs.
Missouri Use Tax: Matching The Burdens To The Benefits Of Ownership, The, Jennifer A. Simmons
Missouri Use Tax: Matching The Burdens To The Benefits Of Ownership, The, Jennifer A. Simmons
Missouri Law Review
This Note examines Missouri’s use tax under a set of particularly interesting and complex circumstances. In the instant case, Fall Creek Construction Company, Inc. v. Director of Revenue, a corporation conducting business in several states owned a fractional interest in transient personal property that was part of a much larger interchange agreement. This case illustrates the breadth and effect of Missouri’s use tax, raises question about how fractional ownership and interchange agreements may affect the use tax analysis, and reflects the Missouri Supreme Court’s unwillingness to permit taxpayers to enjoy the advantages of ownership without also bearing the burdens associated …
Federal Circuit Makes A Leap In Logic: The Dangerous Upstream Use Of Related Patents' Prosecution History To Interpret Claims In Already Issued Patents, The, Jason R. Mudd
Missouri Law Review
The Federal Circuit, in Microsoft Corp. v. Multi-Tech Systems, Inc., used prosecution history from a subsequent related patent application to limit claim language in an earlier patent and settle an important legal battle affecting the rapidly growing internet telephony industry. This Note examines the majority’s seemingly logical reasoning but ultimately agrees with the analysis of Judge Rader’s dissent.