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Articles 31 - 60 of 7266
Full-Text Articles in Law
Purpose Over Perception: Distinguishing Status From Viewpoint In A University’S Limited Public Forum, Haleigh J. Bachman
Purpose Over Perception: Distinguishing Status From Viewpoint In A University’S Limited Public Forum, Haleigh J. Bachman
Missouri Law Review
In nearly every university, cultural centers and student organizations quietly provide tangible, essential support: one student finds a community to celebrate his shared heritage; another student finds guidance after struggling to obtain her necessary accommodations in class; an international student rehearses for a cultural showcase that will be the highlight of his semester. These spaces provide community, safety, and a sense of belonging that classrooms and lecture halls often do not. Nevertheless, public universities often face challenges in allocating physical space and funding resources to student organizations— particularly to those supporting cultural and affinity groups. On one hand, universities can …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson
Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson
The Business, Entrepreneurship & Tax Law Review
The explosive growth of generative AI necessarily relies on near-limitless amounts of creative works, such as books, articles, music, and art for training. Data sourcing and training practices advanced by large technology companies have defaulted to piracy, which presupposes unfettered access to high-quality creative data at minimal cost. In a growing number of markets, generative AI presents an appealing alternative to human-made creative works—an alternative that directly competes with the very human creatives whose works are necessary to power such technology. Facing mass-scale piracy and creative markets diluted by AI content, creative professionals are in an even more precarious position …
Note, Kiera L. Doughty
Note, Kiera L. Doughty
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang
A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang
The Business, Entrepreneurship & Tax Law Review
First Amendment theory is unprepared for the synthetic-media era. AI-generated videos, which fundamentally portray events and actions that never happened, are changing the ways people construct reality in fundamental ways. These believable videos raise substantial concerns about foundational assumptions of First Amendment theory, particularly the marketplace of ideas. Synthetic videos challenge citizens to discern truth from falsity in new ways. These challenges are multiplied by the nature of video, which scholars have noted audiences find uniquely believable. This article examines First Amendment theory, as well as the nature of video, ultimately contending that the rationales the Supreme Court has traditionally …
Between Expression And Restraint: Reconciling First Amendment Protections With Antitrust Enforcement In Social Media Advertising, Michael Patton
Between Expression And Restraint: Reconciling First Amendment Protections With Antitrust Enforcement In Social Media Advertising, Michael Patton
The Business, Entrepreneurship & Tax Law Review
The contemporary advertising ecosystem is increasingly dominated by social media platforms, prompting advertisers to devote substantial resources to these venues and, in many cases, to coordinate their efforts through umbrella organizations. When these organizations recommend that members withdraw or redirect advertising away from specific platforms, the line between coordinated market behavior and protected expressive conduct becomes blurred. A pending lawsuit by a major social media company alleges that such a coordinated refusal to deal constitutes an unlawful group boycott rather than protected First Amendment activity. Although the Supreme Court has developed frameworks for distinguishing between expressive boycotts and anticompetitive conduct, …
At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate
At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate
The Business, Entrepreneurship & Tax Law Review
Sports betting is a rapidly growing industry nationwide, and Missouri became the 39th state to legalize the practice. Although states hope to reap the benefits of a regulated sports gambling market, the activity carries significant mental, physical, and socioeconomic risks due to its inherently addictive nature. The hyper-accessibility of modern platforms, particularly those enabling unlimited micro betting, magnifies longstanding concerns in a new digital context. Compounding these risks, the absence of federal standards for minimum wagering ages and the aggressive marketing strategies employed by sportsbooks draw in young adults. This article proposes a coordinated federal and state regulatory framework that …
Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard
Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard
The Business, Entrepreneurship & Tax Law Review
The rapid commercialization of generative artificial intelligence has produced extraordinary value for technology companies while systematically externalizing costs onto society. This Article provides a review of these externalities across three domains: environmental, human health, and digital infrastructure. The environmental burden includes massive energy and water consumption alongside ecologically destructive mining for rare earth elements and accelerating electronic waste. The human toll encompasses a documented pattern of AI-induced mental health crises, including suicide and self-harm linked to anthropomorphic chatbot design, raising novel questions of product liability in cases like Garcia v. Character.AI. The digital commons face degradation through industrialized data scraping …
The Lawyer’S Swan Lake: Generative Ai, Legal Epistemology, And The Nondelegable Duty To Think, Angie Zinzilieta
The Lawyer’S Swan Lake: Generative Ai, Legal Epistemology, And The Nondelegable Duty To Think, Angie Zinzilieta
The Business, Entrepreneurship & Tax Law Review
Generative artificial intelligence (“GAI”) has entered law wearing the costume of competence: fluent, confident, and fast. But legal practice is not a memory sport despite the bar exam. Lawyers are paid to create, test, and refine ideas (arguments, narratives, and theories of liability) inside an adversarial system that punishes error, rewards precision, and demands accountability. This article argues that the central risk of GAI in legal work is not merely “hallucinations” or confidentiality breaches; it is epistemic atrophy, an outsourcing of the intellectual labor by which lawyers understand where law comes from, how it changes, and why it applies. Using …
Behind The Black Box: Employer Accountability For Algorithmic Hiring Bias, Nicole Capp
Behind The Black Box: Employer Accountability For Algorithmic Hiring Bias, Nicole Capp
The Business, Entrepreneurship & Tax Law Review
AI hiring tools are now ubiquitous in employment, promising efficiency, cost savings, and reduced human bias. Yet these systems often operate as “black boxes,” replicating or amplifying existing biases and raising significant legal concerns under Title VII of the Civil Rights Act of 1964. Even without discriminatory intent, AI trained on historical hiring data can produce disparate impacts, exposing employers to liability for outcomes they cannot fully understand or explain. Plaintiffs face steep challenges in litigating such claims, particularly in identifying specific practices, demonstrating causation, and proposing feasible alternatives. This article examines how AI perpetuates discrimination in hiring, analyzes the …
A Ghost Of Slavery: Osha’S De Facto Exclusion Of Incarcerated Workers, Jacqueline Glenn
A Ghost Of Slavery: Osha’S De Facto Exclusion Of Incarcerated Workers, Jacqueline Glenn
The Business, Entrepreneurship & Tax Law Review
From chattel slavery to convict leasing to sharecropping to present-day prison work, exploitative labor has always had a place in the American economy. Incarcerated workers are compelled to perform long hours of dangerous work for mere pennies, often without adequate breaks and under the threat of solitary confinement, physical abuse, or other punitive measures if they refuse. Federal labor protections that shield free people from such conditions are largely unapplied to incarcerated workers, leaving them with little legal recourse. Tracing the development of involuntary labor through American history, this article contends that the Occupational Safety and Health Act of 1970 …
Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt
Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt
Journal of Dispute Resolution
Negotiation is a common part of our lives. We often negotiate with our spouses about the monthly budget, with our children to complete chores or homework, and when trying to get a better deal on a pre-owned vehicle. The negotiation process encompasses various aspects that are carried out differently and are influenced by culture. Thus, negotiation becomes intercultural when it involves at least two parties from different cultural backgrounds trying to agree on mutual interests
Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles
Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles
Journal of Dispute Resolution
“Long story short, it was a bad time.” The lyrics from Taylor Swift’s 2020 song Long Story Short resonated strongly with her fans in 2022 when they attempted to purchase tickets to her record breaking Eras Tour. The self-proclaimed “Swifties” waited for weeks to purchase presale through the tour’s official ticketing partner, Ticketmaster. Ticketmaster, an American ticketing giant owned by Live Nation, handles over seventy percent of all ticket transactions in the country. November 15 arrived and the Swiftie army entered the virtual queue with hopes of securing tickets to see their hero. Ticketmaster, however, did not prepare for the …
“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel
“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel
Journal of Dispute Resolution
This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …
From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt
From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt
Journal of Dispute Resolution
From property disputes in ancient Sumer to complex corporate conflicts in modern America, mediation has long served as a vital tool for resolving disputes without resorting to formal adjudication. Defined as “a process in which an impartial third party helps others resolve a dispute or plan a transaction,” mediation has been used to settle disputes since as early as 4500-1900 B.C.E. Over millennia, mediation has evolved in response to cultural, legal, and technological shifts, reflecting the diverse values and priorities of the societies that employed it.
Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson
Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson
Journal of Dispute Resolution
Imagine you are not reading this article. Instead, you are walking back home from dinner with your friends. As you walk down the street, someone comes up behind you and demands you hand them your money. You turn around to give them all the money you have, only to lock eyes with the barrel of a gun. What are you feeling in this moment? A little bit of rage perhaps. Maybe your hands have started shaking. Or, just maybe, you are feeling a little defiant. But before you can even react, a police officer is running down the street, yelling …
Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett
Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett
Journal of Dispute Resolution
The United States (U.S.) Armed Forces is composed of seven military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Space Force. Each military branch has an alternative dispute resolution (“ADR”) program. These programs use a collection of techniques, generally informal and collaborative in nature, to resolve disputes as a substitute for litigation. The characteristics of ADR proceedings tend to produce quicker, less expensive outcomes compared to litigation. This very reason is why Congress enacted the Administrative Dispute Resolution Act (“ADRA”) of 1996, directing federal agencies to establish ADR policies and programs.
Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe
Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe
Journal of Dispute Resolution
The Legislative Update tracks legislation related to alternative dispute resolution proposed and enacted in state legislatures nationwide. Under the guidance of the Associate Editor-in-Chief, Associate Members of the Journal of Dispute Resolution prepared this update. It includes articles examining specific bills and broader legislative trends across various states that the authors found particularly significant and impactful.
Platform Privileges: A Framework For How Antitrust Law Should Police Digital Platforms’ Use Of Material Non-Public Information, Eric H. Siemens
Platform Privileges: A Framework For How Antitrust Law Should Police Digital Platforms’ Use Of Material Non-Public Information, Eric H. Siemens
Missouri Law Review
Where the Gilded Age Rockefeller oil monopoly once spurred antitrust reforms in the United States, the tech giants of Silicon Valley have ignited a similar frenzy for reform in legislators and populist scholars today. The unprecedented and rapid growth of digital platforms such as Google, Apple, Facebook, and Amazon has forced policymakers to confront the question of whether traditional antitrust law is sufficient to deal with the new-age giants. This has spurred calls on both sides of the political aisle for increased antitrust enforcement, leading Missouri Senator Josh Hawley to go as far as to argue that “[t]he Big Tech …
House Of Cards: An Examination Of Missouri’S Inconsistent Tax Assessment Regime And The Questionable Role Of The Court As Arbiter, Isabel Fenoglio
House Of Cards: An Examination Of Missouri’S Inconsistent Tax Assessment Regime And The Questionable Role Of The Court As Arbiter, Isabel Fenoglio
Missouri Law Review
“Taxes are what we pay for civilized society.” No one has offered a simpler rationale for the American tax system than the former Supreme Court Justice Oliver Wendell Holmes, Jr. Despite their inevitability, taxes remain universally dreaded and misunderstood by Americans, but none more so than property taxes. Without property taxes, life as everyday Americans understand it would cease to exist. From streets to schools, from libraries to fire departments, the budgets of indispensable public services, which enable communities to flourish, would collapse.
Money Over Everything: Reimagining Health Care Enforcement, Jacob T. Elberg
Money Over Everything: Reimagining Health Care Enforcement, Jacob T. Elberg
Missouri Law Review
Annual press releases from the Department of Justice trumpet billions of dollars in annual recoveries and optimism that its health care enforcement regime deters even more fraud than it addresses. Yet DOJ’s consistent recoveries can be seen as a sign that fraud continues unabated. While some scholars have questioned the deterrent value of the government’s model of enforcement through civil settlements, little attention has been given to what may be the most important aspect of DOJ’s effort—its focus on money both as the sole measure of harm and the sole means of deterrence.
Pickering And Choosing: The Positive Outcome Of An Eighth Circuit Ruling Among The Chaotic World Of Government Employee Free Speech, Luke M. Severt
Pickering And Choosing: The Positive Outcome Of An Eighth Circuit Ruling Among The Chaotic World Of Government Employee Free Speech, Luke M. Severt
Missouri Law Review
Public employees do not shed their constitutional rights to freedom of speech or expression at the workplace gate. Nor do they shed them when they log on to their computer to send an email to their co-workers, superiors, or similar fellow government employees. In Mayfield v. Missouri House of Representatives, the Eighth Circuit undertook a multistep analysis to determine whether the defendant, as a public employer, violated the constitutional rights of its longtime employee, Tad Mayfield, when it terminated him only three days after he sent an email to state legislature leaders asking them to implement a mask mandate to …
Rule 11’S Unfulfilled Promise To Protect Noncitizen Defendants, Allison Mccarthy
Rule 11’S Unfulfilled Promise To Protect Noncitizen Defendants, Allison Mccarthy
Missouri Law Review
The federal criminal legal system is a deportation pipeline. Almost all noncitizen defendants waive their constitutional right to a trial and instead enter guilty pleas that have grave immigration consequences. Despite the constitutional guarantee of due process for all criminal defendants regardless of immigration status, many noncitizen defendants enter guilty pleas that are not both knowing and voluntary. Federal Rule of Criminal Procedure 11(b)(1)(O) requires that courts, prior to accepting a guilty plea, provide a general warning that immigration consequences may result from a criminal conviction. Adopted in the wake of the United States Supreme Court’s decision in Padilla v. …