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Articles 1201 - 1230 of 7283
Full-Text Articles in Law
Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin
Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin
Journal of Dispute Resolution
There is much discussion and debate these days on college campuses on how to protect freedom of expression while, at the same time, cultivate an inclusive en-vironment that promotes learning for all members of the community. While it is clear that freedom of expression is fundamental to the mission of an institution of higher education, creating an inclusive community can be challenging when toxic speech, under the protection of the First Amendment, aims only to demean and marginalize groups of individuals with no true redeeming value to advance knowledge. If our core mission is to educate by allowing the expression …
Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown
Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown
Journal of Dispute Resolution
Rather than presenting theories or truths about free speech and campus conflict, this Essay instead offers four questions—derived from lessons I have learned as a teacher, scholar, and practitioner of dispute resolution—that might shed some light on best practices in campus free speech disputes. These are considerations one might want to take into account before deciding who may speak, what they may say, and how those questions ought to be answered in any given situation. The four questions are these: What is the context for this dispute? Do the parties have an ongoing relationship? Is it fair to ask for …
Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii
Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii
Journal of Dispute Resolution
This Essay, with campus leaders as its intended audience (i.e., presidents, chancellors, provosts, deans, department chairs, and faculty, staff, and student governance leaders), maintains that acquaintance with constructs familiar to dispute resolution scholars and practitioners can deepen understanding of free expression conflict on college campuses, increase self-awareness and enhance leaders’ ability to act consciously and purposively in response to conflict, and help equip campus leaders with useful tools for managing conflict when it arises. This Essay will stress framing, but many constructs in the dispute resolution field illuminate the techniques and skills campus leaders need if they are to manage …
The Modern Arbitration Frankenstein: The Rise And Fall Of The Consumer Financial Protection Bureau’S Arbitration Rule, Nick Leyh
Journal of Dispute Resolution
This Comment will analyze the CFPB’s proposed rule prohibiting companies from including a ban on class actions within their arbitration provisions. The CFPB’s proposed rule5 has created a political firestorm, resulting in strong opposition to the ban on class action waivers amongst both House and Senate legislators. Further, the current proposed rule has already been rejected by the House, utilizing the Congressional Review Act, an act passed in 1996 that allows the legislature to “fast-track” votes on legislation with only a simple majority from both houses of Congress, to enable a vote. The debate that surrounded the rule reflects the …
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Journal of Dispute Resolution
By their very charge, institutions of higher education are intended to serve as venues for exploring personal ideologies, promoting intellectual curiosity, and en-couraging vigorous debate about contested issues. However, when an institution and its core values come into direct conflict with viewpoints that are fundamentally inconsistent with those values, the dissonance created by the clash of perspectives can be profound. Fundamental differences in perspective on highly charged issues and topics have become recurring themes for universities in the United States. From campus speakers, to speaker protests, to demonstrations in support of free speech and a range of other inclusion and …
Volume 42 (Annual Report 2018)
Information Rights — A Survey, Allen Sparkman
Information Rights — A Survey, Allen Sparkman
The Business, Entrepreneurship & Tax Law Review
This paper traces the development of the rights of owners of entities to examine and copy the entity’s books and records. The paper then surveys the current state of the law for corporations, limited liability companies, limited partnerships, and partnerships and makes recommendations.
A Comparison Between The U.S. And Japan Concerning The Tax Treatment Of Prepaid Income, Hiroshi Noguchi
A Comparison Between The U.S. And Japan Concerning The Tax Treatment Of Prepaid Income, Hiroshi Noguchi
The Business, Entrepreneurship & Tax Law Review
This article examines the crucial distinctions of methodology between the U.S. and the Japanese tax laws with respect to the timing for recognizing income. In addition, it studies the advantages and disadvantages of both tax treatment methods concerning prepaid income. As a result, it concludes that the advantages of Japanese tax law concerning prepaid income outweigh those of the American tax law. This article also suggests that U.S. tax law could borrow the Japanese mentality regarding the tax treatment of prepaid income.
Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane
Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane
The Business, Entrepreneurship & Tax Law Review
SB 43 passed through the Missouri Legislature and was signed into law by Governor Eric Greitens on June 30, 2017. Ostensibly intended to bring Missouri’s anti-discrimination law in line with analogous federal law, SB 43 amended the Missouri Human Rights Act and thereby improperly increased the legal burden on employment discrimination plaintiffs. This article examines the causation standards under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act and contrasts those with the newly-amended Missouri Human Rights Act to demonstrate just how far Missouri law has gone. In so doing, this article ultimately concludes …
Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal
Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal
The Business, Entrepreneurship & Tax Law Review
The Chinese film market has undergone unprecedented expansion in the past 17 years. As North American box office revenues drop, Hollywood film studios often rely on the Chinese market to balance the costs of blockbuster films. However, Beijing maintains strict regulations on China’s film imports, including annual quotas on the number of foreign films released, limits on the share of grosses Hollywood studios can receive from their films, and content censorship based on Communist Party directives. Many of these regulations are designed to incentivize Hollywood studios to co-produce films with Chinese companies. Through co-production agreements, Beijing anticipates that Chinese filmmakers …
Anti-Suit Injunctions In Judicial And Arbitral Procedures In The United States, S. I. Strong
Anti-Suit Injunctions In Judicial And Arbitral Procedures In The United States, S. I. Strong
Faculty Publications
One of the prevailing myths of transnational litigation is that U.S. courts are not only ready but extremely willing to use antisuit injunctions to preclude parties from filing or pursuing proceedings elsewhere in the world. In fact, anti-suit injunctions (sometimes referred to as "stays" of litigation) are considered an extraordinary remedy in the United States, and the general rule is that "parallel proceedings on the same in personam claim should ordinarily be allowed to proceed simultaneously, at least until judgment is reached in one which can be pled as res judicata in the other." While this approach, often referred to …
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Missouri Law Review
This is a watershed moment for public awareness of sexual harassment. In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions. The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. …
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
The Business, Entrepreneurship & Tax Law Review
The United States Department of Labor recently revised its overtime regulations for white collar workers to keep up with the changing economy and inflation. While the salary level for who can receive overtime pay needs to be elevated, the proposed elevation to the salary level under the Obama Administration is too drastic. The proposed overtime regulations essentially double the current salary level for overtime eligibility. This drastic increase is already having negative effects on employees, even though it has not yet gone into effect. To prepare for the new regulations to take effect, employers have begun to find ways around …
You Down With Mwbe? Yeah You Know Me: A Summary Of The Mbe, Wbe, And Dbe Programs In The State Of Missouri, Shomari Benton, David Lloyd
You Down With Mwbe? Yeah You Know Me: A Summary Of The Mbe, Wbe, And Dbe Programs In The State Of Missouri, Shomari Benton, David Lloyd
The Business, Entrepreneurship & Tax Law Review
The State of Missouri and Missouri municipalities want to encourage minority and women owned businesses in their communities. The governments have created formalized programs to utilize these businesses. The purpose of these programs is to increase participation of women, minority, and other historically disadvantaged businesses in government related contracts. To bid upon or enter into government related contracts, minority, women, and other historically disadvantaged groups must apply for and receive program certification by different government entities. The certification application and process can be confusing, time consuming, and costly. But with guidance, can be navigated and be beneficial to minority and …
Rsp Redux: Is Irc Section 83’S Overreach “In [C]Onnection With The [P]Erformance Of [S]Ervices” The Real “[U]Nwarranted And [U]Nintended” Result?, Charles F. Mccormick
Rsp Redux: Is Irc Section 83’S Overreach “In [C]Onnection With The [P]Erformance Of [S]Ervices” The Real “[U]Nwarranted And [U]Nintended” Result?, Charles F. Mccormick
The Business, Entrepreneurship & Tax Law Review
This article analyzes the effects of IRC § 83 from the perspective of those most often subject to it. While § 83 remains a critical tax consideration for entrepreneurs, this article concludes that § 83 has become, in practice, a solution searching for a problem that in fact causes more problems than it solves. Drafters of § 83 believed they were closing a significant loophole regarding the taxation of executive compensation. Looking at the problem legislators believed they were solving in the context of contemporary executive compensation structures, it is hard to understand what the actual problem was. Section 83(b) …
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
The Business, Entrepreneurship & Tax Law Review
The Thirteenth Amendment made slavery unconstitutional, but also created an exception where “[n]either slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This carve-out opened the door for prison-dependent companies to make handsome profits from large scale prison labor. Inmates must work full time in demanding conditions, and are paid nominally in return. Inmates do not receive minimum wages because they are excluded from the protections of the Fair Labor Standards Act (“FLSA”) through judicial interpretation. Low wages …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
The New Blame Game: How Airbnb Has Been Mis-Regulated As The Scapegoat For Century-Old Problems, Kenyon Briggs
The New Blame Game: How Airbnb Has Been Mis-Regulated As The Scapegoat For Century-Old Problems, Kenyon Briggs
The Business, Entrepreneurship & Tax Law Review
Mis-regulation occurs when regulation does not fix the problem it was enacted to solve. This article first looks at what sort of issues regulation is capable of fixing. After that, a regulatory framework is provided that urges policymakers to only enact regulation that provides the greatest net benefit for all involved. In the case of Airbnb, two-way reputational mechanisms — the ability to rate the other party, usually through a public “five-star” rating system — has solved most of the problems regulation is capable of curing. Then, the article analyzes the current anti-Airbnb laws in New York City and San …
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Missouri Law Review
Most people likely do not give a second thought to the manner in which utilities reach their homes. Water, gas, electricity, cable, and internet service must all make their way from source to faucet, stove, light fixture, television, and entertainment device. A complex infrastructure system exists both below ground in pipes and conduits and above ground on utility poles. In cities, utility poles within generic utility easements are often adorned with a multitude of wires – of varying dimensions, levels, types, and ownership – constantly delivering electricity and information. At the core of this delivery system is the inconvenient fact …
Implementing Online Dispute Resolution In Mo Healthnet Appeals: Increasing Access To Remedies While Decreasing State Spending, Jane Rose
Missouri Law Review
The distress associated with filing a civil lawsuit can leave an individual with a range of emotions, including despondency, humiliation, frustration, loss of self-confidence, and anxiety. Generally, an individual will only file suit if they suffer a serious harm. Subsequently, the individual must relive the injury at each step of the litigation. Repeatedly revisiting the injury disrupts the individual’s life and often leaves them feeling isolated and helpless. Now, picture an individual having to go through the entire process without the guidance of a lawyer, which is called pro se representation. This only adds to the individual’s stress levels. Representing …
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Missouri Law Review
Subject to few exceptions, Eleventh Amendment sovereign immunity prevents states from being hailed into federal court. Within the context of patent law, where all suits must be brought in federal court, states, including state entities, entitled to sovereign immunity cannot ordinarily be sued for infringement. In the instant case, Covidien LP (“Covidien”) attempted to circumvent the immunity by filing an administrative challenge to Florida’s patents rather than an in-court challenge. However, rather than hearing the challenge, the Patent Trial and Appeal Board Panel (the “panel”) dismissed the petition after holding that sovereign immunity also applies to immunize state actors from …
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
Missouri Law Review
Soccer encourages and demands one action that puts the head in consistent danger: heading the ball. Thirty percent (30%) of concussions in soccer occur when two players attempt to head the ball at the same time, resulting in head clashes or heads colliding with other body parts or the ground. The desired outcome of an attempted header – head to ball impact – causes untold damage as well. This Article, therefore, argues that soccer’s governing bodies should eliminate the practice of heading from the game. Do-ing so would protect generations of soccer players to come and would limit potentially wide-spread …
American Greed: The Eleventh Circuit Analyzes Whether Booze, Babes, And Business Can Tightrope The Line Between Fraud And Deceit, Raymond Lee
Missouri Law Review
South Beach, Miami, is renowned for its beautiful beaches, bikini-clad women, and incredible wealth. Such an environment is ripe for opportunistic businessmen who are anxious to make an easy buck. Enter Albert Takhalov, Isaac Feldman, and Stanislav Pavlenko (the “Defendants”), three Russian immigrants who built a business model aimed precisely at taking advantage of the unique opportunities that South Beach has to offer. By combining seductive women with tourism and alcohol, their profits quickly began to soar. There was only one problem. The crux of their plan involved misleading their patrons. While schemes to profit from unsuspecting customers are hardly …
A Will For Willa Cather, Thomas E. Simmons
A Will For Willa Cather, Thomas E. Simmons
Missouri Law Review
Consider a songwriter who wants to ban the use of her music in advertisements or an author intent on eliminating the possibility that her novel will be optioned to a filmmaker. The law frowns upon these sorts of alienability limitations and use constraints. Property – including intellectual property – comes with an assorted bundle of use and alienability rights. The law detests unreasonable restraints on alienability. Courts have deterred owners from placing use limitations on property that bind future owners. Restraints on alienation are said to be repugnant, as are future interests that vest too remotely. The dead hand is …
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
Missouri Law Review
The Americans with Disabilities Act (“ADA”) was implemented in 1990 and is hailed as a pivotal piece of legislation that protects the civil rights of individuals with disabilities. Driven by the prejudice of certain influential legislators, transgender individuals were purposefully excluded from the ADA’s protection. This exclusion – commonly referred to as the “GID Exclusion” – ensured that “transsexualism” and “gender identity disorders not resulting from physical impairments” were not considered a “disability” under the ADA. The GID Exclusion effectively produced a categorical bar for transgender plaintiffs seeking legal recourse under the ADA despite the fact that many transgender individuals …