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Articles 481 - 510 of 7266
Full-Text Articles in Law
Sunnier Days Ahead? Missouri’S Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Sunnier Days Ahead? Missouri’S Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Missouri Law Review
Many are aware of the inherent power that a constitution holds. Whether it be the timeless federal document signed in 1787, or a state constitution adopted decades later, a “constitution” in the United States comes with an authoritative voice that instructs the very principles and values the government has long established. Constitutions, by nature, stand the test of time; they create guidelines, structure, and, above all, a sense of justice that lies in the backdrop of every legal argument presented and every court decision rendered.
Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan
Purposivism For Me, Textualism For Thee: West Virginia V. Environmental Protection Agency, Doug Dolan
Missouri Law Review
Like any other hardy administrative law article, this Note starts with Chevron. In 1984, the Supreme Court decided the landmark case, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. There, the Court said it will defer to an agency’s interpretation of a statute if that interpretation is reasonable. However, because some on the Court saw Chevron deference as “wrest[ing] from [c]ourts the ultimate interpretive authority to ‘say what the law is’ and hand[ing] it over to the Executive,” exceptions to Chevron deference have appeared like worms after a storm.
Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson
Revisiting The Original Congressional Debates About The Second Amendment, Dru Stevenson
Missouri Law Review
Many scholars and courts have written about the historical background of the Second Amendment, either to emphasize its connection to state level citizen militias or to argue that the Amendment protects an individual right to own and carry guns for self-defense. While many authors have mentioned the original congressional debates about the Second Amendment, the literature is missing a thorough, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. This Article attempts to fill this gap by providing …
Book Review: For Labor To Build Upon: Wars, Depression And Pandemic, William B. Gould Iv, Cambridge University Press, 2022, Joe Lindsay
Missouri Law Review
Despite truly noteworthy workplace organizing and strikes across the country—from Amazon, Starbucks, Peet’s Coffee, and now Trader Joe’s to the nascent movements in the heart of the tech sector—union membership is not keeping pace with the growing workforce. Recent data from the Bureau of Labor Statistics shows that the “share of US workers belonging to labor unions hit a historic low last year.” What’s up? This is the question William Gould addresses in his latest book, For Labor to Build Upon: Wars, Depression and Pandemic. Gould traces how the U.S. labor movement got to where it is today and proposes …
Fishy Class Certification: A Packaged Tuna Antitrust Case And A Shift In Class Certification Standards, Mac Newton
Fishy Class Certification: A Packaged Tuna Antitrust Case And A Shift In Class Certification Standards, Mac Newton
Missouri Law Review
Class certification confers a fearsome power on plaintiffs. Organizing a group of otherwise disparate potential claimants through a class action produces a mighty concentration of power that plaintiffs can wield against defendants. This power is exerted on defendants in the form of “hydraulic pressure” to settle, shifting focus from litigation to settlement. The risk involved with one jury standing between a defendant and “potentially ruinous liability” often proves to be intolerable for corporate defendants. The in terrorem nature of class actions means that just by obtaining class certification, plaintiffs achieve a major victory. This notion is borne out by empirical …
“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer
“Troll! Troll In The Living Room! Thought You Ought To Know.”: Opening The Door For Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer
Missouri Law Review
For many, the day of a real estate closing is filled with excitement and relief. The process of finding a family home or a building to begin a business is often arduous. On average, the search for a home lasts at least six months. There are long days of showings, stressful negotiations with loan officers, and difficult decisions when purchasing a piece of property. Most buyers and sellers look forward to the day when the paperwork is signed and title, along with all the rights and privileges it affords, passes to the new owners. After closing, the new owners typically …
The Applicability Of Intergovernmental Immunity Doctrine To Second Amendment Sanctuary Laws, Dominic Biffignani
The Applicability Of Intergovernmental Immunity Doctrine To Second Amendment Sanctuary Laws, Dominic Biffignani
Missouri Law Review
To what extent can states enact legislation that frustrates federal regulation of firearms—in an effort to maximize protections of the Second Amendment and related state constitutional provisions—without running afoul of the Supremacy Clause? The answer to that question lies within the intergovernmental immunity doctrine, a virtually obscure legal doctrine with origins in the Supremacy Clause and Chief Justice John Marshall’s famous opinion in McCulloch v. Maryland. For many years, the United States Supreme Court was reluctant to clarify the contours of intergovernmental immunity. This did not stop the federal government from asserting the doctrine in various actions to strike down …
The Duality Of Variance Among Esg Assessments, Sung Eun (Summer) Kim
The Duality Of Variance Among Esg Assessments, Sung Eun (Summer) Kim
Missouri Law Review
As more attention is given to environmental, social, and governance (“ESG”) considerations of firms, ESG data and ratings providers are serving an increasingly important function in the corporate discourse. It is reported that there were more than 160 ESG data and ratings providers in 2020, and more than 600 ESG ratings and rankings products available globally as of 2018. Even as the ESG provider and product markets have grown exponentially, however, the lack of ESG data has been cited as an impediment to a broader embrace of the ESG movement. One source of this perception of inadequacy originates from the …
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Missouri Law Review
The issues facing the national name, image, and likeness (“NIL”) debate came to a head on January 17, 2023. On that day, Jaden Rashada—the No. 27 rated high school football recruit in the country—decommitted from Florida when a $13 million NIL deal failed to materialize as promised. The story prompted questions about how schools handle NIL initiatives, the amounts of money thrown at collegiate athletes, and the business model at large for college athletics. It also reveals the challenges states face as they attempt to develop regulatory frameworks for NIL.
“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman
“The Sword Has Not Yet Fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman
Missouri Law Review
The Office of Fair Housing and Equal Opportunity (“FHEO”) has a duty to investigate sex-based discrimination in housing. In accordance with recent Supreme Court precedent—which held that Title VII’s prohibition on “sex” discrimination necessarily includes discrimination on the basis of gender identity and sexual orientation—FHEO broadened its definition of sex-based discrimination in an internal memorandum published February 11, 2021. This memorandum directed officers to investigate discrimination in housing based on gender identity and sexual orientation. The change unnerved a private Christian college, College of the Ozarks, located in Missouri. Fearing that this internal memorandum threatened its ability to place students …
Trading Nonenforcement, Ryan Snyder
Trading Nonenforcement, Ryan Snyder
Faculty Publications
In recent years, federal agencies have increasingly used nonenforcement as a bargaining chip—promising not to enforce a legal requirement in exchange for a regulated party’s promise to do something else that the law doesn’t require. This Article takes an in-depth look at how these nonenforcement trades work, why agencies and regulated parties make them, and the effects they have on social policy. The Article argues that these trades pose serious risks: Agencies often use trading to evade procedural and substantive limits on their power. The trades themselves present fairness problems, both because they tend to reward large, well-connected firms and …
Ai, Adr, And Anxiety, John Lande
Ai, Adr, And Anxiety, John Lande
Faculty Blogs
This post discusses AI generally, growing anxiety about it and modern life generally, and how we can manage this anxiety. Anxiety about AI may be feeding into a more general anxiety about events in the US and around the world. We can address anxiety by focusing on what we actually can control. Regarding AI and ADR, I suggest that the machine mediation “glass” will be partly empty and partly full – as is human mediation. It’s important to recognize our own reactions to and fears about AI, have as accurate and balanced an understanding of what’s happening as possible, acknowledge …
Avatar Mediation, John Lande
Avatar Mediation, John Lande
Faculty Blogs
This post speculates about how AI systems might mediate (or assist in mediation) in the not-too-distant future.
Long-Term Fixes For Short-Term Leases: The Unsettled World Of Airbnb Regulation, Clayton Watts
Long-Term Fixes For Short-Term Leases: The Unsettled World Of Airbnb Regulation, Clayton Watts
The Business, Entrepreneurship & Tax Law Review
Airbnb and the sharing economy are becoming a huge part of the United States and the world economy. The rise of Airbnb, however, has caused strife as jurisdictions seek to regulate and moderate the side effects of having Airbnb rentals in their communities. There is no consensus about how to accomplish this, though there are four main approaches that have surfaced: the Outlawing Model, the Anti-Local Model, the Taxation Model, and the Restriction Model. Each one presents its own strengths and weaknesses. This article seeks to analyze the development of Airbnb regulation through these different approaches and to try and …
Sampled! Revisiting Fair Use And De Minimus Copying In Music Sampling, Connie Davis Nichols
Sampled! Revisiting Fair Use And De Minimus Copying In Music Sampling, Connie Davis Nichols
The Business, Entrepreneurship & Tax Law Review
Could your favorite mash-up be an infringement under Copyright law? At one time, sound recordings featured a simplified copyright infringement analysis under the 2005 Bridgeport Music decision, which held that the Copyright Act provided copyright holders an exclusive right to sample their own work and any other sampling constituted infringement, unless it was a fair use. This decision remained intact until the VMG decision in 2016, which renewed the availability of the de minimis infringement defense in music sampling cases and held that sampling without a license did not constitute infringement so long as the sample was not recognizable by …
Defining Fair Use In The Digital Era: A Tentative Appraisal Of Google Llc V. Oracle America, Inc., Dale P. Olson
Defining Fair Use In The Digital Era: A Tentative Appraisal Of Google Llc V. Oracle America, Inc., Dale P. Olson
The Business, Entrepreneurship & Tax Law Review
Fair use, as a defense to a claim of copyright infringement in American law, has evolved within a framework rooted in nineteenth century precedents. Fair use was assessed by the United States Supreme Court in Google LLC v. Oracle America, Inc., which required the Court to address the factually intensive inquiry required by an assertion of fair use against an expansive use of copyrighted software code by Google LLC. In reversing a decision by the United States Court of Appeals for the Federal Circuit in favor of Oracle America, and negating a potentially multi-billion dollar damage award, the Court evaluated …
Unreasonable Royalty: Realigning Economic Incentives Involving Innovation In The Age Of Patent Assertion Entities, Jordan Duenckel
Unreasonable Royalty: Realigning Economic Incentives Involving Innovation In The Age Of Patent Assertion Entities, Jordan Duenckel
The Business, Entrepreneurship & Tax Law Review
Patent litigation is a high-stakes endeavor when jury verdicts can be in the hundreds of millions or even billions. With this much at stake, the judicial system is ripe for abuse by parties that aren’t inventors or producers: nonpracticing entities. Various steps have been taken to mitigate or discourage the gaming of the system but have not been successful for various reasons. This Article proposes the novel solution of incorporating a federal damages cap into 35 U.S.C. § 284 to shift the underlying economic incentives toward innovation. After discussing some likely challenges to the proposal, this Article concludes that the …
Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes And Their Impact On The Predictability Of Outcomes, Matthew Edward Lewis
Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes And Their Impact On The Predictability Of Outcomes, Matthew Edward Lewis
The Business, Entrepreneurship & Tax Law Review
The Internal Revenue Code generally allows for a corporation to deduct compensation paid to its employees. However, in a closely held corporation, where an employee is also a controlling shareholder, compensation paid to the employee-shareholder may be characterized as nondeductible dividends. This paper analyzes the major testing regimes used by the federal circuit courts to test for nondeductible dividends in compensation paid to employee-shareholders of closely held corporations. Further, this paper analyzes whether any of the federal testing regimes provide for more predictable outcomes to both the Internal Revenue Service and taxpayers. Finally, this paper explores whether new regulations would …
Heller, Mcdonald, Bruen, And The Unconstitutional Tax Burden Of The Nfa, Robert T. Lass
Heller, Mcdonald, Bruen, And The Unconstitutional Tax Burden Of The Nfa, Robert T. Lass
The Business, Entrepreneurship & Tax Law Review
During the gangland-era crime sprees of the 1920s and 1930s, Congress enacted the National Firearms Act in an attempt to make it more difficult to acquire the types of weapons favored by gangsters by imposing an extreme tax on these weapons. The draconian rules governing the purchase of these firearms are still in place today, but, with the Supreme Court’s recent ruling in N.Y. State Rifle & Pistol Ass’n v. Bruen, the National Firearms Act may soon fall to challenges presented by Second Amendment activists. In Bruen, the Court ruled that, when the plain text of the Second Amendment protects …
Buried Hope: Assessing The Future Of Carbon Sequestration In The U.S. Under The Updated 45q Tax Credit, Alden Smith
Buried Hope: Assessing The Future Of Carbon Sequestration In The U.S. Under The Updated 45q Tax Credit, Alden Smith
The Business, Entrepreneurship & Tax Law Review
The urgent need to combat climate change has prompted governments world-wide to explore innovative policy measures to reduce greenhouse gas emissions. One such measure is the process of carbon capture and sequestration in which carbon dioxide is captured either directly from the atmosphere or prior to its release. This article will analyze updates to the 45Q tax credit passed in the Inflation Reduction Act of 2022, in which Congress increased tax incentives for industries that use carbon capture technology. This analysis will explain carbon capture technology, survey use of the technology, and discuss the viability of the latest updates to …
Solving The Valuation Challenge: The Ultra Method For Taxing Extreme Wealth, David Gamage, Brian Galle, Darien Shanske
Solving The Valuation Challenge: The Ultra Method For Taxing Extreme Wealth, David Gamage, Brian Galle, Darien Shanske
Faculty Publications
Recent reporting based on leaked tax returns of the ultra-rich confirms what experts have long suspected: for the wealthiest Americans, paying taxes is mostly optional. Some of the country's richest have reported annual incomes that would be modest for a school teacher, even as the share of wealth held by the top .1% is at its highest in nearly a century.
Experts have long understood that one problem sits at the root cause of many of the tax system's failures to reach the very rich: valuation. Because it is difficult to appraise complex or unique assets, modern tax systems instead …
Biotech Patent Eligibility: Why We Care About Conventionality, Michael J. Moedritzer
Biotech Patent Eligibility: Why We Care About Conventionality, Michael J. Moedritzer
The Business, Entrepreneurship & Tax Law Review
While the cfDNA advancements of CareDx hold significant promise and life saving potential in the field of molecular diagnostics, the Federal Circuit’s decision in CareDx, Inc. v. Natera, Inc. to invalidate the patent was justifiable. The court correctly held that these inventions were directed to a natural phenomena and combined conventional techniques. The foundation of the patent system does not motivate these federally funded academic innovations and risk unwarranted high healthcare costs. With the recent White House mandate requiring tax payer funded research to be publicly available, there is also less risk for the use of trade secrets in these …
Can A Homeowner Benefit Agreement Run With The Land To Bind Successors?, Maxwell Rubin
Can A Homeowner Benefit Agreement Run With The Land To Bind Successors?, Maxwell Rubin
The Business, Entrepreneurship & Tax Law Review
Laws governing the enforceability of brokerage contracts are largely uniform and provide stable outcomes in the event of broker or client breach. Brokerage contracts reflect a hybrid of property and contract law principles that work to provide predictable
Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb
Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb
Faculty Publications
The endangered California condor (Gymnogyps californianus) is negatively affected by lead poisoning from spent lead‐based hunting ammunition. Because lead poisoning is the primary mortality factor affecting condors, the California Fish and Game Commission banned lead hunting ammunition during 2008 in the southern California condor range followed by a statewide ban implemented in 2019. In contrast, the Arizona Game and Fish Department instituted an outreach and awareness program encouraging voluntary use of nonlead hunting ammunition in the northern portion of the state during 2005 and a similar program was launched in Utah during 2012. The juxtaposition of policy tools provided a …
How Law Students' Part-Time Legal Employment Can Help Employers Improve Their Own Writing Skills, Douglas E. Abrams
How Law Students' Part-Time Legal Employment Can Help Employers Improve Their Own Writing Skills, Douglas E. Abrams
Faculty Publications
Professor Abrams authors a column, Writing it Right, in the Journal of the Missouri Bar. In a variety of contexts, the column stresses the fundamentals of quality legal writing — conciseness, precision, simplicity, and clarity.
Should We Get Rid Of The Bar Exam?, John Lande
Should We Get Rid Of The Bar Exam?, John Lande
Faculty Blogs
This post discusses an article analyzing empirical data about licensing of lawyers in Wisconsin. Graduates of Wisconsin schools have a diploma privilege and are licensed in that state without taking a bar exam. The article argues that bar exams generally don’t fulfill their purpose of protecting the public. They consume tremendous resources of the legal profession, law schools, and law student and divert attention from activities that are likely to be more effective and valuable.
Ai And Empathy, John Lande
Ai And Empathy, John Lande
Faculty Blogs
This post speculates about whether AI systems will be able to replicate human empathy – at least enough to satisfy people interacting with them.