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Articles 31 - 60 of 109
Full-Text Articles in Law
Is State Law Looking For Trouble: The Federal Arbitration Act Flexes Its Preemptive Muscle, Robert Hollis, Sarah E. Kerner, Alexa Irene Pearson, Ryan G. Vacca
Is State Law Looking For Trouble: The Federal Arbitration Act Flexes Its Preemptive Muscle, Robert Hollis, Sarah E. Kerner, Alexa Irene Pearson, Ryan G. Vacca
Journal of Dispute Resolution
This article begins with an overview of the preemption concept as it affects the American legal system. The source of preemption power is revealed and the most common forms of preemption are introduced. Next, the article discusses preemption and its interaction with the Federal Arbitration Act (FAA). The discussion begins with a chronological view of the cases that have defined the effects the FAA has on arbitration agreements via its preemption power and ends with a summary of the current state of the law.
State Legislative Update, Mark G. Boyko
State Legislative Update, Mark G. Boyko
Journal of Dispute Resolution
This bill would have prevented employers from requiring employees to arbitrate disputes arising under the Fair Employment and Housing Act (FEHA). In doing so, it would have changed the established law in California that written agreements to arbitrate disputes are valid and enforceable. Specifically, this bill would have invalidated arbitration agreements between employers and employees if the employer required the employee to sign the agreement as a condition of employment. A.B. 1715 would have applied to employers with five or more employees.
Adr Clause By Any Other Name Might Smell As Sweet: England's High Court Of Justice Queens Bench Attempts And Fails To Define What Is Not An Enforceable Adr Clause - Cable 7 & (And) Wireless Plc V. Ibm United Kingdom Ltd, An, Alyson Carrel
Journal of Dispute Resolution
The High Court of Justice Queens Bench Division in England issued a ruling that provides sweeping support for the use of Alternative Dispute Resolution (ADR) in private pre-dispute contract clauses.' While this support might seem to aid in developing the growing ADR movement in England, the judge may have put the cart before the horse by enforcing a non-descript and broad ADR contract clause that lacks the specificity needed to ensure a fair outcome. This decision could be detrimental for disputing parties and the future of the ADR movement itself.
Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes
Journal of Dispute Resolution
In Howsam v. Dean Witter Reynolds, Inc., the United States Supreme Court reviewed a Tenth Circuit holding that the eligibility rule presented a question of arbitrability, and was thus for the court to decide. Reversing, the Supreme Court held that the arbitrator, not a court, should apply the time limit rule. The Court's decision resolves the split among the circuit courts in addition to allowing arbitration clauses in securities firms' client agreements to serve their purpose of providing an efficient and less costly method of litigating disputes relating to investment accounts, ultimately increasing investor confidence in the securities industry.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Bush Administration's Attack On The Environment; Target: Nepa's Environmental Impact Statement, Whitney Deacon
The Bush Administration's Attack On The Environment; Target: Nepa's Environmental Impact Statement, Whitney Deacon
Journal of Environmental and Sustainability Law
No abstract provided.
Off-Road And Into Court: The Tenth Circuit Appropriately Allows Environmentalists' Challenges To The Bureau Of Land Management's Failure To Prevent Orv Impairment To Federal Lands. Southern Utah Wilderness Alliance V. Norton, Thomas Schmid
Journal of Environmental and Sustainability Law
No abstract provided.
Is There A Need To Regulate Mussel Harvesting? The Ninth Circuit Declares No Pollution, No Problem! Association To Protect Hammersley, Eld, And Totten Inlets V. Taylor Resources, Inc., Bridget Romero
Journal of Environmental and Sustainability Law
No abstract provided.
Win The War But Lose The Battle: Is The Federal Government Liable For Waste Resulting From Private Production Of Contracted For Wwii-Era War Materials? U.S. V. Shell Oil Co., Allan Zugelter
Journal of Environmental and Sustainability Law
No abstract provided.
What Is The "Hard Look" That The Ninth Circuit Is Looking For When Reviewing United States Forest Service Actions Under Nepa? Native Ecosystems Council, Et Al. V. United States Forest Service, Et Al., Devin Kirby
Journal of Environmental and Sustainability Law
No abstract provided.
Blakely And Missouri's Grandparent Visitation Statute: An Abridgment Of Parents' Constitutional Rights - Blakely V. Blakely, Michael Hamlin
Blakely And Missouri's Grandparent Visitation Statute: An Abridgment Of Parents' Constitutional Rights - Blakely V. Blakely, Michael Hamlin
Missouri Law Review
Universally, states have enacted statutes granting nonparental parties, specifically grandparents, the right to petition courts for visitation of minor children. However, the states differ significantly in the manner in which they grant these parties that right. A recent United States Supreme Court decision, Troxel v. Granville, addressed the issue of the constitutionality of nonparental visitation statutes. Unfortunately, the Court failed to provide much clarity to the states in deciding constitutional challenges to these statutes. The Note explores the analysis employed by the Missouri Supreme Court in Blakely v. Blakely and argues that Missouri’s grandparent visitation statute is unconstitutional.
Community Standards Of Utah And The Amish Country Rule The World Wide Web - Ashcroft V. Aclu, The, Matthew Towns
Community Standards Of Utah And The Amish Country Rule The World Wide Web - Ashcroft V. Aclu, The, Matthew Towns
Missouri Law Review
Challengers of the Child Online Protection Act, a recently enacted federal law prohibiting the posting of materials harmful to children on the Internet, contended that regional community standards should not govern such a broad-based medium. The United States Supreme Court held, however, that the statutory language mandating application of regional community standards in judging Internet content did not run contrary to the First Amendment. This Note supports the continued use of the Miller obscenity test, including its community standards criteria, but endorses the position taken by the concurring Justices that, in the case the Internet, the test should apply national …
I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman
I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman
Missouri Law Review
This Article will provide a brief review of the purpose and history of punitive damages. It will then examine the various reforms adopted by the states, with a particular focus on "split-recovery" laws that require punitive damages recoveries to be shared with the state or a state-specified fund. This Article explains that such laws may actually fuel, rather than curb, punitive damages awards. The Article also explains that these laws are ethically and constitutionally problematic. This Article concludes that states seeking to reform their punitive damages laws would be better served by (1) adopting a heightened burden of proof and …
Liberal Hegemony - School Vouchers And The Future Of The Race, Harry G. Hutchison
Liberal Hegemony - School Vouchers And The Future Of The Race, Harry G. Hutchison
Missouri Law Review
This Article examines the school voucher debate. Because “the causes of poverty within the black community are both structural and behavioral,” and because the available evidence provides an inferential connection between education and poverty, I contend that the reigning legal and political theory as embedded in, and as explicated by the constitutional jurisprudence of the Zelman dissenters, and as exemplified by other commentators, fails to address adequately racial disparity and neglects to consider adequately the victims of the current public school hegemony. Hence, the legitimacy of much of the current opposition to school vouchers remains indefensible form an outsider perspective.
Trust Me, I'M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Trust Me, I'M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Missouri Law Review
This Article contends that the predominant practice of federal courts of completely removing the jurisdictional element from the jury violates the Sixth Amendment right to jury trial and Rule 201. Part II of this Article discusses the problems raised by binding judicial notice of the jurisdictional element of federal criminal offenses. Part III gives an overview of the factual, constitutional, and statutory prerequisites for land to fall within the special territorial jurisdiction of the United States. Part IV briefly describes the circumstances in which courts may properly take judicial notice under Rule 201. Part V discusses the requirements for judicial …
Continuation Of The Tracing Doctrine: Giving Aftermarket Purchasers Standing Under Section 11 Of The Securities Act Of 1933 - Lee V. Ernst & (And) Young, Llp, The, Robert L. Ortbals Jr.
Continuation Of The Tracing Doctrine: Giving Aftermarket Purchasers Standing Under Section 11 Of The Securities Act Of 1933 - Lee V. Ernst & (And) Young, Llp, The, Robert L. Ortbals Jr.
Missouri Law Review
Prior to Gustafson v. Alloyd Co., courts had interpreted Section 11 of the Securities Act of 1933 to apply both to purchasers of IPOs and to aftermarket purchasers who could "trace" their purchases to reliance on a defective initial registration statement. The Gustafson decision has brought into question the viability of the tracing doctrine given the noted purpose behind the 1933 Act. This Note examines evolution of the tracing doctrine and the impact that Gustafson has and will have on that doctrine.
Wrestling With The Effects Of Title Ix: Is It Time To Adopt New Measures Of Compliance For University Athletic Programs - Chalenor V. University Of North Dakota, Jeffrey H. Smith
Wrestling With The Effects Of Title Ix: Is It Time To Adopt New Measures Of Compliance For University Athletic Programs - Chalenor V. University Of North Dakota, Jeffrey H. Smith
Missouri Law Review
The Court of Appeals for the Eighth Circuit, following the Department of Education’s policy interpretation and other circuit courts of appeals, held that the University of North Dakota did not violate the men’s wrestling team members’ and recruits’ rights under Title IX when it eliminated the men’s varsity wrestling program. The circuit courts of appeals outside the Eighth Circuit had held that eliminating an athletic progam of an over-represented gender to make athletic opportunities between genders substantially proportionate was a satisfactory means of compliance with Title IX. The Eighth Circuit Court of Appeals reviewed these holdings in developing its opinion. …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
What Does A Pallid Sturgeon Say When It Runs Into A Cement Wall? "Dam!" The Interminable Revision Of The Missouri River Master Manual , Tim Garrison
What Does A Pallid Sturgeon Say When It Runs Into A Cement Wall? "Dam!" The Interminable Revision Of The Missouri River Master Manual , Tim Garrison
Journal of Environmental and Sustainability Law
No abstract provided.
Ending The Arranger Debate: Integrating Conflicting Interpretations In Search Of A Uniform Approach, David Brose
Ending The Arranger Debate: Integrating Conflicting Interpretations In Search Of A Uniform Approach, David Brose
Journal of Environmental and Sustainability Law
No abstract provided.
Legislative Update
Journal of Environmental and Sustainability Law
No abstract provided.
Reassessing "Overfiling"--Can The Epa Punish Violators Under Rcra When A State Has Already Taken Action? United States V. Power Engineering Co., Adam Kruse
Journal of Environmental and Sustainability Law
No abstract provided.
Suing Pesticide Manufacturers?: Federal Preemption Still Prevails In The Eighth Circuit. Netland V. Hess & Clark, Inc., Bridget Romero
Suing Pesticide Manufacturers?: Federal Preemption Still Prevails In The Eighth Circuit. Netland V. Hess & Clark, Inc., Bridget Romero
Journal of Environmental and Sustainability Law
No abstract provided.
Painting A Historical Picture Of Pollution Exclusion Clauses: Courts Should Enforce Clauses As Written. Hartford Underwriters Insurance Co. V. Estate Of Turks, Kelly Shamel
Journal of Environmental and Sustainability Law
No abstract provided.
Defining "Significance": Balancing Procedural And Substantive Judicial Review Of Negative Declarations Under The Minnesota Environmental Policy Act. Minnesota Center For Environmental Advocacy V. Minnesota Pollution Control Agency, Thomas Schmid
Journal of Environmental and Sustainability Law
No abstract provided.
Volume 27, Issue 1 (Spring 2003)
Missouri Supreme Court Clarifies: Siding With Business Owners In Negligent Security Actions May Have Been Wrong All Along - L.A.C. V. Ward Parkway Shopping Center Co., L.P., Josephine M. Pottebaum
Missouri Supreme Court Clarifies: Siding With Business Owners In Negligent Security Actions May Have Been Wrong All Along - L.A.C. V. Ward Parkway Shopping Center Co., L.P., Josephine M. Pottebaum
Missouri Law Review
Fear of criminal attack is a fact of life for most people, so they do their best to take preventative measures to protect themselves and those they love. Thus, while most parents would never allow their children to spend an evening in a dark alley with their friends, most parents do feel comfortable dropping their children off at a shopping mall for the night to socialize, ship, or watch movies. Parents to this because they find comfort in knowing that their children will be indoors in a will-lit area in the midst of other shoppers, storekeepers, and security. The atmosphere …
Prove All Things And Holf Fast That Which Is Good: The Missouri Supreme Court Redraws The Line Between Plain Error And Ineffective Assistance Of Counsel - Deck V. State, Thomas L. Azar Jr.
Prove All Things And Holf Fast That Which Is Good: The Missouri Supreme Court Redraws The Line Between Plain Error And Ineffective Assistance Of Counsel - Deck V. State, Thomas L. Azar Jr.
Missouri Law Review
Few challenges to a judicial determination are as disruptive as a criminal defendant’s allegation of ineffective assistance of counsel. Discovering the truth behind such an allegation is extremely difficult, owing both to the distorting effect of hindsight and the near impossibility of discovering the full extent of any damage caused by defense counsel’s alleged errors. This Note examines the genesis of the confusion concerning the current standard for granting post-conviction relief due to ineffective assistance of counsel and the Missouri Supreme Court’s most recent effort to clarify that standard in Deck v. State.
Misguided Federalism, Peter J. Henning
Misguided Federalism, Peter J. Henning
Missouri Law Review
Federalism has moved to the forefront of constitutional analysis in recent years as a narrow majority of the Supreme Court has begun to rein in congressional assertions of authority to legislate in areas viewed as beyond the constitutional grant of power to the federal government. One means of curtailing congressional authority is by enforcing limits on the Commerce Clause, perhaps the broadest of Congress’s regulatory powers. In United States v. Lopez, the Court sent a “constitutional wake-up call” making clear that it would no longer acquiesce in every congressional enactment purportedly adopted as an exercise of the commerce power when …
Compacts, Cartels, And Congressional Consent, Michael S. Greve
Compacts, Cartels, And Congressional Consent, Michael S. Greve
Missouri Law Review
Compacts, Cartels, and Congressional Consent argues that U.S. Steel Corp. v. Multistate Tax Commission was wrongly decided. Congressional “negatives,” including the Compact Clause invert the default rule for constitutionally suspect classes of state laws. Whereas ordinary state laws are permitted to go into (and remain in) effect unless and until Congress or the courts exercise their authority under the Supremacy Clause to state agreements that encroach on federal supremacy—which are unlawful in any event—the Supreme court has re-inverted the constitutional presumption and emptied the Compact Clause of all content. This Article explains the forgotten constitutional logic and wisdom of the …