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Articles 331 - 360 of 7266
Full-Text Articles in Law
"I Am Become Death, The Destroyer Of Worlds": Applying Strict Liability To Artificial Intelligence As An Abnormally Dangerous Activity, Renee Henson
Faculty Publications
Artificial intelligence (AI)-enabled tools have produced a myriad of injuries, up to and including death. This burgeoning technology has caused scholars to ask questions, such as, How do we create a legal framework for AI? Because AI creators have acknowledged that even they do not know the capacities of their technology for good or bad outcomes, this Article argues that an existing framework, strict liability, is an appropriate fit for harms arising from this new technology because a party need not prove negligence to prevail. Strict liability was uniquely developed to handle those activities that are “abnormally dangerous.” An abnormally …
The Rhetoric Of Abortion In Amicus Briefs, Jamie R. Abrams, Amanda Potts
The Rhetoric Of Abortion In Amicus Briefs, Jamie R. Abrams, Amanda Potts
Missouri Law Review
The amicus briefs filed in landmark abortion cases before the U.S. Supreme Court serve as a barometer revealing how various constituencies talk about abortion, women, fetuses, physicians, rights, and harms over time. This article conducts an interdisciplinary legal-linguistic study of the amicus briefs that were filed in the milestone abortion cases of Roe v. Wade, Doe v. Bolton, Planned Parenthood v. Casey, and Dobbs v. Jackson Women’s Health. As the first large-scale study of all amicus briefs submitted in these key cases, this article identifies the roles of amicus briefs, analyzes their rhetorical strategies, and describes how their authors engage …
The Back-And-Forth Battle Of Defining Independent Contractors, Jessie O'Brien
The Back-And-Forth Battle Of Defining Independent Contractors, Jessie O'Brien
Missouri Law Review
Gone are the times where employers automatically chain workers to cubicles and bind them to regimented schedules motivated by corporate America. Modern jobs come with new and liberating choices—choices to be your own boss, create your own schedule, and control your own time. Virtually all industries reflect these choices through specialized positions, such as freelancing, consulting, and “gig work.” These work arrangements are broadly referred to as independent contracting. Contracting arrangements offer greater flexibility and independence to workers than traditional employer-employee arrangements. To no surprise, these attractive features of independent contracting have led to a significant rise of independent contractors …
Rigor Or Reach? Strictness Or Scope?: The Continuing Battle Over The Parameters Of The Supreme Court’S Daubert/Kumho Reliability/Validation Test For The Admissibility Of Expert Testimony, Edward J. Imwinkelried
Rigor Or Reach? Strictness Or Scope?: The Continuing Battle Over The Parameters Of The Supreme Court’S Daubert/Kumho Reliability/Validation Test For The Admissibility Of Expert Testimony, Edward J. Imwinkelried
Missouri Law Review
Expert testimony is offered at the overwhelming majority of trials conducted in the United States. In many of these cases, it is absolutely essential for the plaintiff or prosecutor to introduce such testimony. The plaintiff may need expert testimony to prove general causation in a toxic Tort case, and similarly the prosecutor may need to resort to expert testimony to establish the accused’s identity as the perpetrator of the charged crime. For decades, the proponents of expert testimony have mounted campaigns to lower the evidentiary barriers to expert testimony. For most of the 20th century, the governing American test for …
“Uphill . . . Both Ways!” The Issues With Missouri’S Compulsory Attendance Legislation, Amaris Garber
“Uphill . . . Both Ways!” The Issues With Missouri’S Compulsory Attendance Legislation, Amaris Garber
Missouri Law Review
“When I was a kid, I walked to school uphill . . . both ways!” Hidden in this adage is a kernel of truth regarding America’s relationship with education: for many Americans, school attendance is often difficult for more reasons than just the early morning struggle of getting out of bed. Prior to 2020, 15% of students missed at least 10% of the school year. In the wake of the COVID-19 pandemic, absenteeism increased at worrisome rates; in the 2021-2022 school year, more than 25% of students missed at least 10% of the school year. In Missouri specifically, chronic absenteeism …
The Judge-Made Constitutional Penumbra: Why Anti-Bds Laws Unavoidably Implicate The First Amendment And How The Eighth Circuit Avoided Them, Tasneem Huq
Missouri Law Review
Freedom of speech and assembly, as protected by the First Amendment, has long been a defining character of “The Land of the Free.” Much of American history has been influenced by actions deemed protected by the First Amendment. Such protection offers American citizens power that the Constitution otherwise reserves for the three government branches: the power to change the law which all American citizens live under and by which they must abide. A commonly recognized form of expression protected by the First Amendment is participation in non-violent protests. The Palestinian advocacy movement is one such movement that utilizes this form …
On The Hook: Venue, Vicinage, And Double Jeopardy’S Relationship With Modern Data Crimes, Cody Deterding
On The Hook: Venue, Vicinage, And Double Jeopardy’S Relationship With Modern Data Crimes, Cody Deterding
Missouri Law Review
Every fisherman has a place he holds dear. Whether it be a mountain creek small enough to hop across or a reef in the Gulf of Mexico, we all have a place where “the big one” defeated us. Conversely, we all have a spot in which we emerged victorious, spurring feelings of elation. We all have memories so compelling that we feel the need to share our stories around the dinner table and remind friends how much they missed out on that day. Ingrained in my memory is the flash of a twenty-inch brown trout sipping a fly from the …
Revisiting The Federal Circuit En Banc, Ryan Vacca
Revisiting The Federal Circuit En Banc, Ryan Vacca
Faculty Publications
The United States Court of Appeals for the Federal Circuit ("Federal Circuit") holds exclusive jurisdiction over patent appeals and plays a vital role in shaping patent law and policy in the United States. Since its inception in 1982, the Federal Circuit has used en bane review as a crucial method to develop patent law and policy. Until recently, the court had been a model for en bane review by frequently hearing patent cases en bane, addressing important questions for a wide range of stakeholders in the patent system, and freely inviting amici to participate in the en bane process. Through …
Coping With California’S Deficit, Part 1: Borrowing And Taxes, David Gamage, Darien Shanske
Coping With California’S Deficit, Part 1: Borrowing And Taxes, David Gamage, Darien Shanske
Faculty Publications
In this installment of Academic Perspectives on SALT, Shanske and Gamage examine California’s projected budget deficit and possible solutions. California has a large budget deficit that is predicted to last for several years. In this two-part series, we will place California’s situation in context and propose solutions.
The state should use short-term borrowing to cover at least some of the cyclical shortfall. That the real revenue cycle is unlikely to neatly unfold over one traditional fiscal year should not change this conclusion. To that end, we will show how California can operationalize this simple insight despite the impression some may …
Investigating “Good Moral Character” For Liquor License Applications, Benjamin J. Kweskin
Investigating “Good Moral Character” For Liquor License Applications, Benjamin J. Kweskin
The Business, Entrepreneurship & Tax Law Review
Since the repeal of prohibition, nearly every state has adopted a morality test on whether a person is fit to hold a liquor license. Missouri is no exception, adopting good moral character through § 311.060, RSMo in 1939. Eighty-three years later, on August 30, 2022, the Missouri Division of Alcohol and Tobacco Control codified a definition of “good moral character” limiting the inquiry to “honesty, fairness, and respect for the rights of others and for the laws of the state and nation.” This definition appears to nod to both Missouri’s Administrative Hearing Commission as well as other regulated industries’ coded …
Synthetic Seduction: Navigating Ai-Generated Content And The Complexities Of Name, Image, And Likeness Law, Emma K. Chedwick
Synthetic Seduction: Navigating Ai-Generated Content And The Complexities Of Name, Image, And Likeness Law, Emma K. Chedwick
The Business, Entrepreneurship & Tax Law Review
Waking up and finding videos of yourself online engaged in lewd acts is traumatizing—realizing that the videos were created by artificial intelligence without your consent exacerbates the trauma even further. With technology advancing faster than the law can keep up, safeguards need to be implemented to protect victims of internet crimes. This article examines the prevalence of deepfake pornography, its creation, and the damage it causes. Further, this article examines the current short-comings of the right of publicity, the right to privacy, copyright law, and revenge pornography law as they currently stand. This article proposes an exception to Section 230 …
It’S Hard To Hit A Target That Doesn’T Exist: A Novel Conceptual Framework For Esg Ratings, Jorge Cruz-Lopez, Jordan B. Neyland, Dasha Smirnow
It’S Hard To Hit A Target That Doesn’T Exist: A Novel Conceptual Framework For Esg Ratings, Jorge Cruz-Lopez, Jordan B. Neyland, Dasha Smirnow
The Business, Entrepreneurship & Tax Law Review
We introduce a conceptual framework to understand some of the persistent shortcomings we observe in ESG ratings and their potential consequences for financial stability, corporate policy, and regulation. Our framework consists of analyzing three different stages in the pro-duction of ESG ratings: (1) Data Collection and Disclosure, (2) Measurement, and (3) Dissemination. At each stage, we clearly identify the parties involved, their incentives and limitations, and the noise or bias introduced to ESG ratings due to misaligned incentives, data constraints, or inadequate regulations. In the Data Collection and Disclosure stage, noise and bias are introduced when rated companies dis-close data …
Copycat Fashion: How Fast Fashion Giant, Shein, Continues To Steal Independent Designers’ Work, Rachel L. Gardner
Copycat Fashion: How Fast Fashion Giant, Shein, Continues To Steal Independent Designers’ Work, Rachel L. Gardner
The Business, Entrepreneurship & Tax Law Review
This article explores the rise of Shein as a leading fast fashion enterprise, the current copyright protections and limitations for independent fashion designers, the legislative history and attempts by Congress to address infringement issues within the fashion industry, and a glimpse of how the court should rule in the pending Shein lawsuit and how that ruling would impact the fast fashion industry as a whole.
How Economic Barriers Can Help Solve The Uspto’S Impending Ai Patent Issues, Jeffrey Giesmann
How Economic Barriers Can Help Solve The Uspto’S Impending Ai Patent Issues, Jeffrey Giesmann
The Business, Entrepreneurship & Tax Law Review
Use of artificial intelligence in recent years has grown exponentially with rapid developments in AI technology. Accordingly, recent innovation has taken advantage of AI technology in the research and development of new inventions. This has already raised many issues, one of which being the question of, “Can an artificial intelligence be an inventor for the purposes of a patent application?” The recent ruling in Thaler v. Vidal gave us an answer, which was a resounding “no”. Since then, there has been much debate concerning exactly how much AI can assist with the invention process without crossing the line to become …
Lawyers, Gambling, And Trust Accounts: Why The Expansion Of An Old Vice Requires A New Approach To Protecting Client Funds, Robert M. Jarvis
Lawyers, Gambling, And Trust Accounts: Why The Expansion Of An Old Vice Requires A New Approach To Protecting Client Funds, Robert M. Jarvis
The Business, Entrepreneurship & Tax Law Review
Since the late 1980s, legalized gambling in the United States has expanded at a furious pace. While Americans have embraced this change with enthusiasm, it has caused a sharp rise in compulsive gambling. This development has placed every client in harm’s way. Because lawyers are at a very high risk of developing a gambling addiction, client trust funds now are more susceptible to theft than ever before. Accordingly, this article proposes that a new form of protection be mandated to safeguard clients from attorneys who are or might become compulsive gamblers.
Symposium Special Note From The Editor, Jordan Duenckel
Symposium Special Note From The Editor, Jordan Duenckel
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
Adopting Tax Credits: The Federal Government’S Special Need To Adopt Missouri’S Adoption Tax Credit, Joseph Link
Adopting Tax Credits: The Federal Government’S Special Need To Adopt Missouri’S Adoption Tax Credit, Joseph Link
The Business, Entrepreneurship & Tax Law Review
HB 429 passed the Missouri Legislature and was signed into law by Governor Mike Parson on April 22, 2021. The legislation intends to relieve the financial burden on parents who are seeking adoption of a child or disabled person. The law has undergone major reforms in recent history. Missouri’s 2021 HB 429 amended the Special Needs Adoption Tax Credit Act and thereby decreased the requirements imposed on taxpayers to receive the tax benefits offered by the state to aid in adoption expenses. In addition, it expanded the state’s ability to offer the credit beyond the means of usual nonrefundable credits--by …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
Guns, Vices And Freedom, Oh My: A Preliminary Empirical Investigation, Royce De R. Barondes
Guns, Vices And Freedom, Oh My: A Preliminary Empirical Investigation, Royce De R. Barondes
The Business, Entrepreneurship & Tax Law Review
This Essay estimates factors within States that are associated with per capita firearms ownership and the extent of legal restrictions concerning firearms. The metrics are: for the former, a proxy consisting of the fraction of suicides with a firearm; for the latter, Giffords Law Center’s ratings of the restrictiveness of a State’s regulation of firearms. For each, the Essay estimates the relationship between it and each of the levels of vices and freedom.
Diversity On Trial: Navigating Employer Diversity Programs Amidst Shifting Legal Landscapes, Mariana Larson
Diversity On Trial: Navigating Employer Diversity Programs Amidst Shifting Legal Landscapes, Mariana Larson
The Business, Entrepreneurship & Tax Law Review
In the Summer of 2023, in a pivotal move, the Supreme Court nullified the application of affirmative action policies in both private and public universities nationwide. The Supreme Court’s holding stripped the use of any race-conscious guidelines for admission aimed at enhancing diversity on college campuses. Although the Supreme Court’s holding is grounded in Title VI and does not directly implicate employers and businesses, its aftereffects are poised to reshape how organizations approach their diversity, equity, and inclusion (DEI) initiatives. The legal landscape in this area is quickly evolving and employers need to be prepared to evaluate and potentially revise …
A “Rule Making” Class: The Federal Trade Commission’S Expansive Per Se Ban On Noncompete Clauses: Authority, Enforceability, And The Need For Congressional Action, Nolan Johnson
Journal of Dispute Resolution
A non-compete clause is “an agreement or contract not to interfere or compete with a former employer (as by working with a competitor).” The Federal Trade Commission (“FTC”) has proposed a per se ban on non-compete provisions in employment contracts. This would arguably be the FTC’s second substantive rule under the FTC Act. This substantive rule making departs from the traditional common law style rule-making process in which the courts create antitrust jurisprudence standards. In this way, the FTC has challenged the practice by exploring a new avenue of power under Section 5 of the FTC Act.
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Journal of Dispute Resolution
People who have or appear to have mental disorders encounter rampant bias and stigma, including from mediators. This article focuses on some of the most heavily stigmatized mental health problems - personality disorders - and how some mediators discriminate against parties based on their guesses and assumptions that those parties may have these conditions.
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Journal of Dispute Resolution
After almost a century, the Federal Arbitration Act (FAA) continues to guide and change the arbitration landscape. While greater focus has been placed on the FAA’s substantive merits and evolution, the act’s procedural role in outlining the relationship between arbitration and the federal court system plays an equally important role in alternate dispute resolution. Notably, recent concerns regarding inconsistencies in the act’s jurisdictional language may undermine the FAA’s ability to provide a clear, efficient, and fair process for arbitration.
Zf Automotive V. Luxshare: The Supreme Court’S New Gloss On 28 U.S. Code § 1782 And What It Means For International Commercial Arbitration, Madina Lokova
Journal of Dispute Resolution
The federal statute 28 U.S.C. § 1782 (“Section 1782”) allows litigants in foreign proceedings to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use by parties to foreign proceedings has been expanding, there was a split in authority regarding whether the statute was broad enough to permit United States’ courts to authorize discovery for use in private arbitration proceedings overseas.
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Journal of Dispute Resolution
Water is the root of all civilization. Great empires of the past arose around lakes and river systems, from the Yangtze to the Nile to the Tiber. While water resources bolstered the power of world leaders, water mismanagement had the potential to lead to their downfall. Even in modern times, water availability is a significant constraint on development – the magnitude of this constraint is particularly felt in arid and semi-arid regions especially as climate change takes effect. This importance has made water supply a great source of conflict. Though it has been a cause of conflict for centuries, transboundary …