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Articles 1 - 30 of 147
Full-Text Articles in Law
Mosten And Scully’S New Book On Unbundled Legal Services, John M. Lande
Mosten And Scully’S New Book On Unbundled Legal Services, John M. Lande
Faculty Blogs
This post discusses Forrest (Woody) Mosten and Elizabeth Potter Scully’s book, Unbundled Legal Services: A Family Lawyer’s Guide. Unbundling involves providing specified services to legal clients rather than “full service” representation. Unbundling is particularly helpful in family matters because parties generally understand the issues and may represent themselves well if they have some legal help. Many family courts are overwhelmed with large numbers of cases involving self-represented litigants, so providing unbundled legal services can make a significant contribution to the legal system. In virtually all types of cases, some people have the interests in unbundling, not just family matters.
Takeaways From New Hampshire Mediation Training, John M. Lande
Takeaways From New Hampshire Mediation Training, John M. Lande
Faculty Blogs
This post highlights some key findings from survey data and focus-group-like comments from court mediation training for the training participants as well as readers of this blog.
Stone Soup: Learning How People Actually Prepare For Negotiation And Mediation, John Lande
Stone Soup: Learning How People Actually Prepare For Negotiation And Mediation, John Lande
Faculty Blogs
This post suggests questions in Stone Soup interviews that students can ask lawyers and mediators about how they prepare for negotiation and mediation.
Letter To Kelly, John Lande
Letter To Kelly, John Lande
Faculty Blogs
This is a letter I wrote to someone who was about to start law school. I advised keeping focused on their goals and how best to achieve them. I cautioned about portrayals of lawyers on TV and in the movies. I warned about the “hidden curriculum” which creates misimpressions by focusing on appellate cases. I encouraged them to remember what it is like to be a “normal” person, a perspective they may forget after being initiated in the legal tribe. I advised trying to see the world through others’ eyes.
"Make Him An Offer He Can't Refuse" - Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller
"Make Him An Offer He Can't Refuse" - Mezzanatto Waivers As Lynchpin Of Prosecutorial Overreach, Christopher B. Mueller
Missouri Law Review
No abstract provided.
Schoolyard Felons: Missouri's New Criminal Code And Its Impact On Schools, Michele L. Moyer
Schoolyard Felons: Missouri's New Criminal Code And Its Impact On Schools, Michele L. Moyer
Missouri Law Review
No abstract provided.
It's Dispositive: Considering Constitutional Review For First Amendment Retaliation Claims, Abigail E. Williams
It's Dispositive: Considering Constitutional Review For First Amendment Retaliation Claims, Abigail E. Williams
Missouri Law Review
No abstract provided.
Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman
Ex Parte Seizures Under The Dtsa And The Shift Of Ip Rights Enforcement, Yvette Joy Liebesman
The Business, Entrepreneurship & Tax Law Review
The ex parte seizure provision of the Defend Trade Secrets Act is another step in a long line of legislation that shifts the costs of private enforcement to the public, which already has a toehold in copyright and trademark law. The ex parte provision—which is not incorporated into any state trade secret law—relieves rights owners of two “burdens.” First, it relieves the trade secret owner of the burden of actually having to compete in the marketplace. Second, it relieves the trade secret owner of the burden of the costs associated with the discovery process of a lawsuit. The effect of …
Are My Cornrows Unprofessional?: Title Vii's Narrow Application Of Grooming Policies, And Its Effect On Black Women's Natural Hair In The Workplace, Renee Henson
The Business, Entrepreneurship & Tax Law Review
Employer grooming policies are ubiquitous and apply to all in the workplace, however, the hair standards within these policies do not permit women to wear a myriad of ethnic hairstyles at work. Banning ethnic hairstyles like braids, cornrows, and dreadlocks adversely and disproportionally affects black women. Banning ethnic styles because they are deemed unprofessional forces many black women to spend inordinate amounts of money and time to ensure their hair is “professional looking enough” to attain gainful employment and climb the corporate ladder. This article examines Title VII’s role in allowing this practice where black women are not permitted to …
Solving The Corporate Inversion Phenomenon: An Exercise In Free Market Patriotism, Protectionism Through Faciliation, Brian Thompson
Solving The Corporate Inversion Phenomenon: An Exercise In Free Market Patriotism, Protectionism Through Faciliation, Brian Thompson
The Business, Entrepreneurship & Tax Law Review
The United States government grapples with the right solution to deter corporations from inverting abroad. A corporation’s decision to invert is made in the interest of its shareholders, including many who are United States citizens. However, many have called inverting corporations unpatriotic, traders, and cheaters. These labels shift the blame to an easy scapegoat. In order to quell this recent phenomenon, the United States government must move beyond rhetoric and reevaluate the cause of the exodus. Politicians have no one to blame but themselves and the outdated corporate policy they have left in place. Heavyhanded government policies to punish corporations …
Tax Policy Reform: Issues To Be Addressed To The Benefit Of All Missourians, Joel Walters
Tax Policy Reform: Issues To Be Addressed To The Benefit Of All Missourians, Joel Walters
The Business, Entrepreneurship & Tax Law Review
Tax policy impacts the everday decisions made by individuals, families, and businesses. Better tax policy can generate economic activity and lower the tax burden on individual taxpayers. Missouri Department of Revenue Director, Joel Walters, believes the current Missouri tax system can be changed in ways that would make it more simple, efficient, and fair. With this article, Director Walters seeks to engage Missourians in a dialogue about the strengths and weaknesses of the current tax policy environment in Missouri. The article comprhensively examines Missouri's tax system by discussing a wide variety of topics including corporate income tax, alternatives such as …
The Hacking Of Employment Law, Charlotte S. Alexander, Elizabeth Tippett
The Hacking Of Employment Law, Charlotte S. Alexander, Elizabeth Tippett
Missouri Law Review
No abstract provided.
Symposium Keynote: The Dtsa And The New Secrecy Ecology, Orly Lobel
Symposium Keynote: The Dtsa And The New Secrecy Ecology, Orly Lobel
The Business, Entrepreneurship & Tax Law Review
The Defend Trade Secrets Act (“DTSA”), which passed in May 2016, amends the Economic Espionage Act (“EEA”), a 1996 federal statute that criminalizes trade secret misappropriation. The EEA has been amended several times in the past five years to increase penalties for violations and expand the available causes of action, the definition of a trade secret, and the types behaviors that are deemed illegal. The creation of a federal civil cause of action is a further expansion of the secrecy ecology, and the DTSA includes several provisions that broaden the reach of trade secrets and their protection. This article raises …
Getting To Guilty: The Necessary Shift To Individual Accountability For Corporate Wrongdoing, Paige Wheeler
Getting To Guilty: The Necessary Shift To Individual Accountability For Corporate Wrongdoing, Paige Wheeler
The Business, Entrepreneurship & Tax Law Review
In September of 2015, Deputy Attorney General, Sally Yates, declared that the Department of Justice would shift its focus to pursuing individual accountability for cases of corporate wrongdoing, This shift reflects a change in directives, as the Department of Justice commonly resolved cases of corporate wrongdoing through the companies themselves prior to what is now commonly known as the Yates Memorandum. The Yates Memorandum centers on the conclusion that one of the most successful ways to tackle corporate misconduct is by making sure that the individuals who are committing the wrongdoing are held accountable for their actions. The Yates Memorandum …
Narrative Reform Dilemmas, Mariela Olivares
Shareholder Nomination Restrictions: A Corporate Governance Mystery, Aristotle A. Butler
Shareholder Nomination Restrictions: A Corporate Governance Mystery, Aristotle A. Butler
Missouri Law Review
No abstract provided.
Caught In A Haze: Ethical Issues For Attorneys Advising On Marijuana, Anna El-Zein
Caught In A Haze: Ethical Issues For Attorneys Advising On Marijuana, Anna El-Zein
Missouri Law Review
No abstract provided.
Research In The Jury Room, Ariel Monroe Kiefer
Research In The Jury Room, Ariel Monroe Kiefer
Missouri Law Review
No abstract provided.
Lessons From The Aba’S Excellent Report On Mediator Techniques, John M. Lande
Lessons From The Aba’S Excellent Report On Mediator Techniques, John M. Lande
Faculty Blogs
This post highlights findings from the report of the ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques. The report identified 47 studies from the past four decades that analyzed effects of particular mediator actions on certain mediation outcomes. The Task Force found that none of the categories of mediator actions has clear, uniform effects across the studies. In general, the studies found that some generally uncontroversial actions – such as eliciting suggestions, focusing on emotions and relationships, building trust, expressing empathy, praising disputants, and setting agendas – may or may not produce positive effects. It found …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
The Defend Trade Secrets Act Whistleblower Immunity Provision: A Legislative History, Peter Menell
The Defend Trade Secrets Act Whistleblower Immunity Provision: A Legislative History, Peter Menell
The Business, Entrepreneurship & Tax Law Review
The Defend Trade Secrets Act of 2016 ("DTSA") was the product of a multi-year effort to federalize trade secret protection. In the final stages of drafting the DTSA, Senators Grassley and Leahy introduced an important new element: immunity "for whistleblowers who share confidential information in the course of reporting suspected illegal activity to law enforecement or when filing a lawsuit, provided they do so under seal." The meaning and scope of this provision are of vital importance to enforcing health, safety, civil rights, financial market, consumer, and environmental protections and deterring fraud against the government, shareholders, and the public. This …
M-U-N-I: Evidencing The Inadequacies Of The Municipal Securities Regulatory Framework, John Carriel
M-U-N-I: Evidencing The Inadequacies Of The Municipal Securities Regulatory Framework, John Carriel
The Business, Entrepreneurship & Tax Law Review
This article argues that the current regulation of the minicipal securities market is inadequate, and that regulatory reform is not only necessary but also permissible as the Securities and Exchange Commission has the legal authority under the current statutory framework to substantially remedy such inadequacy. In making this argument, this article focuses on the legislative history of the Securities Reform Act of 1975, analyses of statutory text, the current regulatory framework surrounding the municipal securities market, prior attempts to effect regulatory reform, and one of the principal issues with the current regulatory framework - the lack of uniform accounting principles …
Password Please: The Effectiveness Of New York's First-In-Nation Cybersecurity Regulation Of Banks, Melissa Knerr
Password Please: The Effectiveness Of New York's First-In-Nation Cybersecurity Regulation Of Banks, Melissa Knerr
The Business, Entrepreneurship & Tax Law Review
In March of 2017, New York enacted new cybersecurity legislation focused on regulating banking security. Cybersecurity attacks on the financial sector have risen recently and the federal and state governments are looking to combat data breaches. The regulations themselves strive to regulate security conduct by the financial institutions, including required testing and risk assessment, training for cybersecurity personnel, and mandated reporting to upperlevel staff as well as the New York Department of Financial Services. While these regulations are the first of their kind and strive to set in place certain basic requirements for cybersecurity, it remains to be seen how …
Sanctions For Evading Maximum Page Limits On Court Filings, Douglas E. Abrams
Sanctions For Evading Maximum Page Limits On Court Filings, Douglas E. Abrams
Faculty Publications
Judge Marrero joins a growing lineup of judges who have imposed or threatened sanctions on counsel for attempting to evade court rules that set maximum page limits on briefs, memoranda, and other filings. Orders and reported opinions catalogue various strategies, including these: presenting the main text in a font smaller than the court's required font; presenting the main text with spacing less than required double spacing; using excessive footnotes, often single-spaced or in small fonts; or narrowing required margins on the sides, the top, or the bottom of pages.
Empowering Consumers Through Online Dispute Resolution, Amy J. Schmitz
Empowering Consumers Through Online Dispute Resolution, Amy J. Schmitz
Faculty Publications
We transact online every day, hoping that no problems will occur. However, our purchases are not always perfect: goods may not arrive; products may be faulty; expectations may go unmet. When this occurs, we are often left frustrated, with no means for seeking redress. Phone calls to customer service are generally unappealing and ineffective, and traditional face-to-face or judicial processes for asserting claims are impractical after weighing costs against likely recovery. This is especially true when seeking redress requires travel, or for crossborder claims involving jurisdictional complexities. This situation has created a need for online dispute resolution (“ODR”), which brings …