Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 139

Full-Text Articles in Law

Table Of Contents Nov 2016

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Title Page Nov 2016

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.


Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg Nov 2016

Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg

Journal of Environmental and Sustainability Law

No abstract provided.


Editor's Perspective Nov 2016

Editor's Perspective

Journal of Environmental and Sustainability Law

No abstract provided.


Act Vs. Amendment: Schultz Family Farms, Legislative Exceptions, And The Future Of Right-To-Farm, Jennifer Bennett Nov 2016

Act Vs. Amendment: Schultz Family Farms, Legislative Exceptions, And The Future Of Right-To-Farm, Jennifer Bennett

Journal of Environmental and Sustainability Law

No abstract provided.


A Glowing Problem: North County St. Louis And Nuclear Waste Policy, Jason Horne Nov 2016

A Glowing Problem: North County St. Louis And Nuclear Waste Policy, Jason Horne

Journal of Environmental and Sustainability Law

No abstract provided.


Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch Nov 2016

Frack Attacks: Government Compliance -- Or Lack Thereof -- With Federal Regulations On Tribal Lands, Erika Dopuch

Journal of Environmental and Sustainability Law

No abstract provided.


Delaying The Inevitable: A Compel-Ing Tale Of The Environmental Protection Agency, Administrative Procedure Act And A Pesticide, Samuel Steelman Nov 2016

Delaying The Inevitable: A Compel-Ing Tale Of The Environmental Protection Agency, Administrative Procedure Act And A Pesticide, Samuel Steelman

Journal of Environmental and Sustainability Law

No abstract provided.


Judicial Review Of Net-Metering Agreements: Seeking To Avoid Capture In The Western District, Erika Dopuch Nov 2016

Judicial Review Of Net-Metering Agreements: Seeking To Avoid Capture In The Western District, Erika Dopuch

Journal of Environmental and Sustainability Law

No abstract provided.


Where The Wild Things Are…Properly Valued: A Look Into Methods Used By Courts To Assign Monetary Value To Wildlife, Katielee Kitchen Nov 2016

Where The Wild Things Are…Properly Valued: A Look Into Methods Used By Courts To Assign Monetary Value To Wildlife, Katielee Kitchen

Journal of Environmental and Sustainability Law

No abstract provided.


What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion Nov 2016

What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion

Missouri Law Review

Most Missourians can move into homes with their partners, put up pictures of their spouses at their workplace desks, or book a hotel room for an overnight stay with a carefree confidence that these actions will not result in harassment or discriminatory repercussions. Unfortunately, this is not true for all of the state’s residents. Approximately 160,000 adults in Missouri identify as lesbian, gay, bisexual, and/or transgender (“LGBT”). Accordingly, approximately 160,000 adults in Missouri are particularly vulnerable to workplace, housing, and public accommodations discrimination as the Missouri Human Rights Act (“MHRA”), Missouri’s general anti-discrimination statute, does not explicitly prohibit discrimination based …


Syntax Or Experience: What Should Determine If Sex Trafficking Qualifies As A Crime Of Violence?, Britteny Pfleger Nov 2016

Syntax Or Experience: What Should Determine If Sex Trafficking Qualifies As A Crime Of Violence?, Britteny Pfleger

Missouri Law Review

This Note analyzes the Fourth Circuit’s opinion in United States v. Fuertes, ultimately concluding that, contrary to the decision in Fuertes, sex trafficking should be considered a crime of violence under 18 U.S.C. § 924(c). Part II of this Note details the acts of German Ventura, a defendant charged with sex trafficking and possession of a gun during a crime of violence. Part III explores the purpose of § 924(c) and courts’ interpretations of “crime of violence”; it then considers federal circuit courts’ bases for finding sex trafficking under the TVPA to be a violent crime under a variety of …


Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha Nov 2016

Evaluating The Special Needs Doctrine In The Context Of Higher Education, Ryan Prsha

Missouri Law Review

Part II of this Note discusses the legal context in which this issue must be framed and gives a brief history of how the courts have handled public school drug-testing policies to this point. Part III examines the current state of drug testing in the academic setting – specifically focusing on the ongoing legal situation at Linn State. Part IV delves into questions concerning the Eighth Circuit’s current treatment of the Linn State situation, as well as the potential approaches that the judiciary could take in future cases.


Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin Nov 2016

Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin

Missouri Law Review

In Geier v. Missouri Ethics Commission, the appellant, Gerald Geier, asked the Supreme Court of Missouri to consider the constitutionality of Missouri’s reporting requirement statutes as applied to Stop Now!, an inactive political action committee (“PAC”). Geier argued that the reporting requirement failed to meet the exacting scrutiny standard because the State’s interest in receiving reports of inactivity did not outweigh the burden placed on Geier by the requirement. This Note analyzes the court’s application of exacting scrutiny in the instant decision. It also notes the limits of PAC disclosure requirements as a public policy tool in the absence of …


Marbury V. Madison And The Concept Of Judicial Deference, Aditya Bamzai Nov 2016

Marbury V. Madison And The Concept Of Judicial Deference, Aditya Bamzai

Missouri Law Review

Part I summarizes Marbury’s statutory analysis. Part II picks up that summary and analyzes each of the three types of “deference” discussed in the Marbury opinion. Part III provides some concluding thoughts.


Toward A Context-Specific Chevron Deference, Christopher J. Walker Nov 2016

Toward A Context-Specific Chevron Deference, Christopher J. Walker

Missouri Law Review

With Justice Scalia’s passing, the Supreme Court is less likely to consider overturning the administrative law doctrines affording deference to agency statutory interpretations (Chevron deference) or agency regulatory interpretations (Auer deference). Without Justice Scalia on the Court, however, a different kind of narrowing becomes more likely. The Court may well embrace Chief Justice Roberts’s context-specific Chevron doctrine, as articulated in his dissent in City of Arlington v. FCC and his opinion for the Court in King v. Burwell. This Article, which is part of a symposium on the future of the administrative state, explores the Chief Justice’s more limited approach …


Why Lenity Has No Place In The Income Tax Laws, Andy S. Grewal Nov 2016

Why Lenity Has No Place In The Income Tax Laws, Andy S. Grewal

Missouri Law Review

This Article shows that courts should reject such arguments because the rule of lenity has no place in the construction of the income tax provisions in Subtitle A of the tax code. The rule of lenity makes sense when applied to a statute that compels or prohibits some type of behavior, but income tax provisions do not compel or prohibit anything. Those provisions simply describe consequences associated with particular transactions. Consequently, applying the rule of lenity can lead to anomalous results.


Private Complements To Public Governance, Emily S. Bremer Nov 2016

Private Complements To Public Governance, Emily S. Bremer

Missouri Law Review

This Article suggests that private governance offers an attractive alternative or complement to the administrative state. It is commonly assumed that without administrative agencies, there would be no regulation. As a foundational matter, this Article challenges the notion that there are only two, mutually exclusive options: governmental regulation or no regulation all. Although it is perfectly natural for public law scholars to focus primarily on regulation through government institutions and programs, much regulation is in fact accomplished via mechanisms outside the administrative state.4 At least in some circumstances, it is not only possible but may even be preferable to use …


Statutory Interpretation In Missouri, Matthew Davis Nov 2016

Statutory Interpretation In Missouri, Matthew Davis

Missouri Law Review

Although countless secondary sources discuss the canons used to interpret statutory language, few thoroughly focus on the canons cited by Missouri courts. This four-part Note attempts to fill that void. Part II begins by organizing and concisely stating roughly thirty rules of statutory interpretation. Part III then contends that two of these principles – that the purpose of a statute should be furthered and that absurd outcomes should be avoided – often lend themselves to unpredictable results. Part IV concludes by suggesting one way this unpredictability could be minimized.


An Important Time For The Future Of Class Action Waivers And The Power Struggle Between Businesses And Consumers, Jack Downing Nov 2016

An Important Time For The Future Of Class Action Waivers And The Power Struggle Between Businesses And Consumers, Jack Downing

Missouri Law Review

This Note discusses the inherent problems that come with arbitration clauses in contracts of adhesion. Further, this Note will address the likelihood of a potential change – through future Supreme Court interpretations of the FAA or new legislation. Something must be done to protect those with inferior bargaining power from being forced, through contracts of adhesion, to give up their right to bring class action lawsuits. If Congress, the Supreme Court, and regulatory agencies maintain the status quo, companies will retain the ability to improperly strip consumers of their rights and their due compensation nationwide.


Without Deference, Jeffrey A. Pojanowski Nov 2016

Without Deference, Jeffrey A. Pojanowski

Missouri Law Review

I argue that such an alternative regime has appealing features but may not bring as much practical change as casual critiques or defenses of Chevron contemplate, at least immediately. The more immediate change would arise at the level of theory and rhetoric, which, in turn, may lead to greater practical changes in the longer run. The theoretical presuppositions underwriting a regime of non-deferential review are far more classical in cast than the moderate legal realism underwriting Chevron. Rejecting deference, therefore, would change how courts talk about the difference between law and policy in the administrative state. The resurrection of the …


Lainey Feingold’S Book On Structured Negotiation, John Lande Oct 2016

Lainey Feingold’S Book On Structured Negotiation, John Lande

Faculty Blogs

This post discusses Lainey Feingold’s book, Structured Negotiation – A Winning Alternative to Lawsuits. Lainey is a disability rights lawyer who uses a process for successfully negotiating cases without filing lawsuits. The book is a nuts-and-bolts guide for using her process.


Volume 40, Issue 2 (Fall 2016) Oct 2016

Volume 40, Issue 2 (Fall 2016)

Transcript

No abstract provided.


A New American Dream For Detroit, Andrea Boyack Oct 2016

A New American Dream For Detroit, Andrea Boyack

Faculty Publications

The problem of neighborhood deterioration is keenly visible in Detroit today, but Detroit’s housing struggles are not unique. Like most of America, the Detroit metropolitan area is racially fragmented, and minority neighborhoods are the most likely to be impoverished and failing. Detroit’s problems of housing abandonment and neighborhood decay are both caused and exacerbated by decades of housing segregation and inequality. The “American Dream” has always been one of equal opportunity, but there can be no equality of opportunity when there is such stark inequality among home environments. Detroit’s neighborhood decline is a symptom of the city’s population loss and …


Bad Decisions To Go To Trial, John Lande Sep 2016

Bad Decisions To Go To Trial, John Lande

Faculty Blogs

This post describes an extreme example of a very common pattern of over-confident litigation risk assessments. Target Corporation was hit with a $4.6 million verdict after rejecting a $12,000 demand on behalf of a child who was stuck with a hypodermic needle in a Target parking lot. Target had offered only $750.


References To Baseball In Judicial Opinions And Written Advocacy, Douglas E. Abrams Sep 2016

References To Baseball In Judicial Opinions And Written Advocacy, Douglas E. Abrams

Faculty Publications

No abstract provided.


Big New Study On Necessary Lawyering Skills, John Lande Jul 2016

Big New Study On Necessary Lawyering Skills, John Lande

Faculty Blogs

This post summarizes the “Foundations of Practice” survey of lawyers which identifies “foundations” that lawyers need soon after graduation. These include communication, emotional and interpersonal intelligence, passion, ambition, professionalism, and other qualities and talents. Almost all of the items on the list refer to personal qualities that law schools don’t emphasize in their curricula. By contrast, law schools focus on things that only small proportions of the lawyers think are necessary soon after graduation.


Negotiation Symposium Virtual Book Club, John M. Lande Jul 2016

Negotiation Symposium Virtual Book Club, John M. Lande

Faculty Blogs

As part of the Tower of Babel Symposium, speakers suggested publications providing useful insights about negotiation. The author conducted conversations with the speakers, which are collected in this post.


References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams Jul 2016

References To Television Programming In Judicial Opinions And Lawyers’ Advocacy, Douglas E. Abrams

Faculty Publications

"Think of the poor judge who is reading ... hundreds and hundreds of these briefs," says Chief Justice John G. Roberts, Jr. "Liven their life up just a little bit. . . with something interesting." Lawyers can "liven up" their briefs with references to television shows generally known to Americans who have grown up watching the small screen. After discussing television's pervasive effect on American culture since the early 1950s, this Article surveys the array of television references that appear in federal and state judicial opinions. In cases with no claims or defenses concerning the television industry, judges often help …


State Legislative Update, M. Katherine Kerbs, Katherine E. Mcmurtrey, Courtney Lauer, Theresa Mullineaux Jul 2016

State Legislative Update, M. Katherine Kerbs, Katherine E. Mcmurtrey, Courtney Lauer, Theresa Mullineaux

Journal of Dispute Resolution

Mediation is a non-binding type of dispute resolution. Mediation is a process where a neutral, third party with no authoritative decision-making power assists parties in a dispute to voluntarily reach a mutually acceptable agreement. The legal community has encouraged alternative dispute resolution, including mediation. With mediation as the primary alternative dispute resolution type in the federal district courts, it is now even more important that legislation surrounding mediation and confidentiality is created. In fact, over half of the ninety-four federal court districts now offer, and in most instances, require mediation.