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Articles 1 - 30 of 76
Full-Text Articles in Law
The Rigorous Romantic: Anthony Lewis On The Supreme Court Beat, Linda Greenhouse
The Rigorous Romantic: Anthony Lewis On The Supreme Court Beat, Linda Greenhouse
Missouri Law Review
Tony Lewis called himself “a romantic about the Supreme Court.” If he had not been a romantic when he took up the beat for the New York Times in 1957, he surely would have become one as, for the next seven years, he chronicled the Warren Court’s progressive constitutional revolution at the peak of its energy and transformative power. To list just some of the landmark opinions the Court issued during those seven years is to prove the point: Cooper v. Aaron, Mapp v. Ohio, Baker v. Carr, Engel v. Vitale, Gideon v. Wainwright, Brady v. Maryland, School District of …
The Path To Antitrust Success Against The Ncaa Is More Limited Than You Think, Keith Starr
The Path To Antitrust Success Against The Ncaa Is More Limited Than You Think, Keith Starr
Missouri Law Review
The National Collegiate Athletic Association (“NCAA”) has recently run into a bit of an antitrust problem. Although the NCAA has been challenged by parties claiming antitrust injury in the past, it has never before seen the onslaught of antitrust attacks currently pending against it. Further complicating the matter is that applying the federal antitrust laws to the NCAA’s more restrictive rules and regulations is judicially-uncharted territory. In Part II, this Law Summary provides a brief background on the federal antitrust laws and how they have previously applied to the NCAA. In Part III, this Summary discusses some of the more …
Legal Journalism Today: Change Or Die, Howard Mintz
Legal Journalism Today: Change Or Die, Howard Mintz
Missouri Law Review
Several years ago, I was a guest speaker for a media and law class at San Jose State University, volunteering my expertise as a legal journalist with a couple decades under my belt of covering courts and law. As I went through my usual dialogue, describing some of the newfound challenges of being a journalist in this brave new digital world, one of the students piped in about Twitter, which at the time was an emerging phenomenon that I frankly considered a mind-numbing threat to intelligent reporting with the shelf life of the Pet Rock (an obsolete cultural reference that …
Setting The Docket: News Media Coverage Of Our Courts – Past, Present And An Uncertain Future, Gene Policinski
Setting The Docket: News Media Coverage Of Our Courts – Past, Present And An Uncertain Future, Gene Policinski
Missouri Law Review
News reporting on the business of the courts and judiciary has a long history – and an uncertain future. Reporting on the courts has changed with the times, technology and tastes of the American press and of the public – the latter being the ultimate target of reports on the functions and the institution of our judicial system. News coverage of judicial proceedings at all levels, nationwide, may well have peaked – in quantity, quality and reach – in the early 1990s, when a declining economy kicked off dramatic cutbacks in newspaper news staffing, reductions later amplified by the drop …
Institutionalizing Press Relations At The Supreme Court: The Origins Of The Public Information Office, Jonathan Peters
Institutionalizing Press Relations At The Supreme Court: The Origins Of The Public Information Office, Jonathan Peters
Missouri Law Review
At the U.S. Supreme Court, the press is the primary link between the justices and the public, and the Public Information Office (“PIO”) is the primary link between the justices and the press. This Article explores the story of the PIO’s origins, providing the most complete account to date of its early history. That story is anchored by the major events of several eras – from the Great Depression policymaking of the 1930s to the social and political upheaval of the 1970s. It is also defined by the three men who built and shaped the office in the course of …
Anthony Lewis, Dahlia Lithwick
Anthony Lewis, Dahlia Lithwick
Missouri Law Review
Tony Lewis changed everything about Supreme Court reporting. He changed everything because he inserted himself directly into the conversation between the Justices of the Supreme Court and the American public. He wasn’t writing for the constitutional scholars; he wasn’t writing for the history books (although he might have been) and he wasn’t writing to impress the justices (although he did). Instead, Lewis was a translator, an ambassador, who in the Warren Court era fashioned himself as the People’s Solicitor General; he was the advocate for the little guy before the high court, and an advocate to his readers about what …
As Today’S Tony Lewises Disappear, Courts Fill Void, David A. Sellers
As Today’S Tony Lewises Disappear, Courts Fill Void, David A. Sellers
Missouri Law Review
Tony was a gifted writer, who covered one of the most challenging beats in Washington. His nine “news makers” were not generally accessible to journalists, and their work product was not easily decipherable. Yet Tony made the Supreme Court both understandable and relevant to his readers. Regrettably, the number of journalists who cover courts today, let alone those who write with Tony’s insight and clarity, is very small and rapidly declining. Any number of reports, most notably, the annual State of the News Media by the Project for Excellence in Journalism (“PEJ”), chronicles the shrinking newspaper newsroom workforce, which in …
Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff
Making Judge-Speak Clear Amidst The Babel Of Lawspeakers, Michael A. Wolff
Missouri Law Review
As law became more of a publicly traded commodity in the 1990s, courts, including the Supreme Court of Missouri, began to hire public information officers. It may strike you as odd, when you think about it, as to why a court that communicates with words would need someone assigned to explain to the wordsmiths of the media – and sometimes to the public itself – what judges meant by the collections of words in their judicial opinions. But today, we take it for granted that public information officers are essential to the operation of a state supreme court, and although …
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Navigating The Health Insurance Exchanges: Will State Regulations Guide Consumers Or Chart Them Off-Course?, Kirsten Dunham
Missouri Law Review
This Comment examines the navigator program in the ACA and the political and legal issues surrounding state navigator licensure laws. To provide context, Part I outlines the legislative and legal background of the ACA at the federal level and in Missouri. Going into more detail on the navigator program, Part II first examines the federal regulations as they relate to the requirements of exchanges, the types and functions of consumer assistance programs, and the role of insurance agents and brokers. Part II then analyzes Missouri’s state navigator licensure law and regulation.
Stand With Sam: Missouri, Survivor Benefits, And Discrimination Against Same-Sex Couples, Lesley A. Hall
Stand With Sam: Missouri, Survivor Benefits, And Discrimination Against Same-Sex Couples, Lesley A. Hall
Missouri Law Review
In Glossip v. Missouri Department of Transportation and Highway Patrol Employees’ Retirement System, the Supreme Court of Missouri perpetuated these fears. The court refused to identify sexual orientation as a classification worthy of heightened or “intermediate” equal protection scrutiny, signaling to Missourians that homosexuality is still something to discount, fear, and hide. The holding also erroneously deprived Kelly Glossip of Corporal Engelhard’s survivor benefits after Engelhard, his partner of many years, was killed in the line of duty. This Note discusses the resolution of this case and analyzes why the court’s holding demonstrates a regressive step for gays and lesbians …
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Missouri Law Review
This Note discusses the legal doctrine of personal jurisdiction over out of-state parties in Missouri and how the instant case fits within that regime. It also offers guidance for out-of-state parties conducting business in Missouri, as well as Missouri parties dealing with out-of-state corporations, suggesting ways in which businesses can structure their arrangements to ensure specific forums should litigation become necessary.
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Victims Of Substantiated Child Abuse: Missouri’S New Reasonably Ascertainable Creditors, Alice Haseltine
Missouri Law Review
A recent decision from the Supreme Court of Missouri, In re Austin, held that victims of substantiated child abuse are reasonably ascertainable creditors. The practical effect of Austin is to afford victims of substantiated child abuse an extra six months to file claims against the estate of his or her abuser. While this decision is a small victory for victims of sexual abuse, the facts in Austin raise controversial questions about whether the unique circumstances surrounding claims of childhood sexual abuse warrant an exception to the one-year claim bar against a decedent’s estate. This Note begins with an exploration of …
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Supreme Court Decision On Juvenile Sentencing Results In Cruel And Unusual Difficulties For Missouri, Andrew Peebles
Missouri Law Review
Part II gives a brief background of the facts and circumstances surrounding the Hart decision. Part III discusses the history of the Eighth Amendment and explores the U.S. Supreme Court’s trend toward leniency in the imposition of punishments, culminating with a discussion of the Miller decision. Part IV delves into the Supreme Court of Missouri’s reasoning behind its decision in Hart and the temporary sentencing procedures the court provided. Finally, Part V comments on the many problems currently facing Missouri’s criminal justice system since the implementation of the Miller decision and the actions that will be required by the legislature …
The Art, Craft, And Future Of Legal Journalism: A Tribute To Anthony Lewis , Richard C. Reuben
The Art, Craft, And Future Of Legal Journalism: A Tribute To Anthony Lewis , Richard C. Reuben
Missouri Law Review
In the modern era, few performed this function better than Anthony Lewis, the legendary U.S. Supreme Court reporter and columnist for The New York Times, who died in March 2013. A pioneer in the coverage of law and the courts, Lewis is widely credited with being one of the founders of contemporary legal journalism. Through a remarkable career that included two Pulitzer Prizes and five books, Lewis taught by example a generation of journalists how to cover the law with accuracy, insight, perspective, and passion. While the law can often be dry and technical, and cases idiosyncratic, Lewis showed legal …
Anthony Lewis And The First Amendment, Adam Liptak
Anthony Lewis And The First Amendment, Adam Liptak
Missouri Law Review
It is a great privilege to be with you today to celebrate the life and work of Anthony Lewis who created modern legal journalism. I thought I would try to do three things today to help us think about Tony’s legacy. One is to sketch out what made Tony such a giant. A second is to reflect for a minute on the state of the modern Supreme Court press corps, which he essentially founded. And a third is to consider a topic Tony returned to again and again in his articles, columns and books: the role of the press in …
Anthony Lewis: What He Learned At Harvard Law School, Lincoln Caplan
Anthony Lewis: What He Learned At Harvard Law School, Lincoln Caplan
Missouri Law Review
Anthony Lewis was a columnist for The New York Times for the unusually long tenure of thirty-two years. When he retired in 2001 at the age of seventy-four, Bill Clinton awarded him the Presidential Citizens Medal for setting “the highest standard of journalistic ethics and excellence” and for being “a clear and courageous voice for democracy and justice.” Lewis ended his last column by paraphrasing one of his heroes: “The most important office in a democracy, Justice Louis Brandeis said, is the office of citizen.” Lewis’ point was that the American commitment to the rule of law and the belief …
Anthony Lewis: Pioneer In The Court’S Pressroom, Lyle Denniston
Anthony Lewis: Pioneer In The Court’S Pressroom, Lyle Denniston
Missouri Law Review
Journalists, whether they know it or not, and whether or not they would admit it, are profoundly influenced by the eras in which they live and by the ideas which make up their daily news conversation. Tony Lewis was America’s witness to “the Warren Court,” and it forever made him a believing liberal. (He may have been the only reporter covering the Supreme Court who would have understood why that Court was “liberal” rather than “progressive,” which is the more fashionable word for what passes for liberalism today with its strong echoes of early twentieth century progressivism.)
Press Freedom And Coverage In The U.S. And Kosovo: A Series Of Comparisons And Recommendations, Ben Holden
Press Freedom And Coverage In The U.S. And Kosovo: A Series Of Comparisons And Recommendations, Ben Holden
Missouri Law Review
The Republic of Kosovo was created from the southernmost section of the former Yugoslavia by American military intervention and subsequent worldwide humanitarian guidance between 1999 and 2008. The resulting nation (which Russia, China, and others do not recognize) was born with one of the most pro-speech and press-friendly constitutions in the world. This Article compares and contrasts four press freedoms in the U.S. and Kosovo: (1) censorship and liability for publication of “truthful” speech; (2) liability for media errors; (3) shield laws; and (4) transparency in courts and records. Where the law and social mores of Kosovo are silent, recommendations …
A Tiger With No Teeth: The Case For Fee Shifting In State Public Records Law, Heath Hooper, Charles N. Davis
A Tiger With No Teeth: The Case For Fee Shifting In State Public Records Law, Heath Hooper, Charles N. Davis
Missouri Law Review
A federal lawsuit filed against the city of Columbia, Missouri, alleging police brutality seemed destined for headlines in 2010. At its core was an incident in which a routine traffic stop for a broken taillight erupted into a “fracas” in which police allegedly both tased and beat a man and threw a woman to the ground. A Columbia Daily Tribune reporter following the case filed a public records request for any documents concerning the incident. A police spokesperson contacted him days later to let him know the records were ready for pickup.
State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee
State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee
Journal of Dispute Resolution
This legislative analysis will look to conflict and dispute resolution in schools, along with how that conflict has been traditionally managed. Next, this article will examine some of the benefits that can be achieved by implementing forms of alternative dispute resolution in schools and the limitations to these benefits. Finally, this article will focus on the legislative response to the ever-present epidemic of conflict in our schools, including recent pieces of legislation in Louisiana and Massachusetts.
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery
Journal of Dispute Resolution
In the early 20th century, social changes brought about a system designed to protect employees. As part of the American system of labor laws, workers are given certain rights to proceed collectively, to "band together," and to proceed as a unit. Labor laws were first enacted in the United States during a period of Supreme Court jurisprudence that granted a broad array of powers to corporations, in the form of "liberty of contract." Justice Holmes dissented in Lochner v. New York, and planted a seed in his opinion that would later go on to support the idea behind federal labor …
Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel
Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel
Journal of Dispute Resolution
States have long relied on the doctrines of unconscionability and public policy to protect individuals against unfair terms in mandatory arbitration provisions. The Supreme Court recently struck a blow to such efforts in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant. In those two cases, the Court established that a challenge to the enforceability of unfairly one-sided arbitration clauses is preempted if it would interfere with "fundamental attributes of arbitration." Several commentators have argued that these decisions will dramatically alter the arbitration landscape, by wiping away virtually any contract defense to the validity of an …
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Journal of Dispute Resolution
Arbitration agreements must be on equal footing with all types of contracts. This stark reality demands that the various stakeholders in the arbitration community converge in the interest of designing and institutionalizing arbitration mechanics and processes that, as a start, exceed the minimum requirements to avoid arguments of substantive unconscionability and, more broadly, provide the fair, just, and accountable alternative dispute resolution system the FAA and the U.S. Supreme Court have indicated it can be. This paper seeks to guide this next stage of the debate by first reviewing the doctrinal developments over the past thirty years that led to …
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers
Journal of Dispute Resolution
ADR has become a topical issue in contemporary European procedural private law. Over the past fifteen years, European lawmakers have displayed particular interest in extra-judicial dispute resolution methods as part of a broader effort to promote better access to justice. For example, Directive 2008/52 sets out a framework for the use of mediation in cross-border disputes on civil and commercial matters. The European Commission's influential Recommendations 98/257 and 2001/310, which respectively deal with out-of-court dispute settlements and consensual dispute mechanisms, constitute a starting point for constructing a new approach to ADR. In March of 2013, the European Parliament and the …
Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability, Kevin P. Sack
Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability, Kevin P. Sack
Journal of Dispute Resolution
Class arbitration is a tricky process to navigate as it introduces more parties, higher stakes, and more procedures than typical bilateral arbitration. Because class arbitration is more complex, the determination as to whether an arbitration agreement authorizes class arbitration (class arbitrability) is an important one, and the entity that makes the class determination should be knowledgeable about class procedures in order to be suited to make such an important finding. In Reed Elsevier, Inc. ex rel. LexisNexis Div. v. Crockett, the Sixth Circuit held that the determination of class arbitrability should be presumptively reserved to judicial courts, not arbitrators, unless …
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood
Journal of Dispute Resolution
This note opens the discussion on disparate school discipline with a case harboring egregious facts, then goes on to explore the history of zero-tolerance policies as the primary method of school discipline, federal civil rights laws prohibiting discrimination based on race in school discipline, and the rise of restorative practices as a means of school discipline. In conclusion, this note argues that in implementing restorative justice practices as an alternative dispute resolution method, schools can end a pattern of disproportionately disciplining African American and Hispanic students and create an environment that fosters success for all children.
The Negotiation Within: The Impact Of Internal Conflict Over Identity And Role On Across-The-Table Negotiations, Robert C. Bordone, Tobias C. Berkman, Sara E. Del Nido
The Negotiation Within: The Impact Of Internal Conflict Over Identity And Role On Across-The-Table Negotiations, Robert C. Bordone, Tobias C. Berkman, Sara E. Del Nido
Journal of Dispute Resolution
This article argues that negotiators' experiences of internal conflict over their identity and role - what we term "the negotiation within" - has a significant impact on across-the-table negotiations in the legal profession and in business. This impact has been mostly overlooked by the literature on negotiation, which focuses on strategic, structural, and psychological barriers to negotiated agreements that are divorced from the real, internal experiences of most negotiators. The article analyzes the impact and suggests a typology for naming and understanding internal conflict. It concludes with a three-stage prescription on how to manage such conflicts described as Mirror work, …
Day's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock: Day V. Fortune Hi-Tech Marketing, Inc., Wesley K . Dagestad
Day's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock: Day V. Fortune Hi-Tech Marketing, Inc., Wesley K . Dagestad
Journal of Dispute Resolution
Persons involved in a pyramid scheme are often blind to the overarching pyramid's purpose; similarly, contracting parties may possess little initial knowledge of an agreement's terms in their entirety. Arbitration agreements and other contractual obligations can be hidden in the depths of multiple documents, memorialized through simultaneous agreements incorporating the additional terms by various references. After Day, courts may now be required to dig through countless terms to parties' agreements to determine if a valid contract exists, and if so, which agreement governs the dispute at issue. After sifting through this contractual jungle, courts will be forced to take one …