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Articles 5791 - 5820 of 7283
Full-Text Articles in Law
Principles Of Nurnberg As A Defense To Civil Disobedience, The, Charles E. Patterson
Principles Of Nurnberg As A Defense To Civil Disobedience, The, Charles E. Patterson
Missouri Law Review
The judgment of the International Military Tribunal at Nurnberg ignited a controversy which still smolders over the meaning of the principles applied by the Tribunal and their application in international and domestic law. At the core of this continuing controversy is the theory of individual responsibility for the commission of crimes against peace which was formulated in the Charter of the International Military Tribunal and applied in its judgment. In several recent decisions in the courts of the United States this same theory of individual criminal responsibility of a citizen of the United States, arising from the alleged commission of …
Table Of Leading Articles--Authors/Titles/Book Reviews
Table Of Leading Articles--Authors/Titles/Book Reviews
Missouri Law Review
Table of Leading Articles--Authors/Titles/Book Reviews
Congress And The War Powers, Thomas F. Eagleton
Congress And The War Powers, Thomas F. Eagleton
Missouri Law Review
On almost every issue, our current national soul-searching leads us back to one crucial question whose answer is increasingly in doubt: Can the institutions created almost 200 years ago to govern a rural and agricultural nation meet the need of an urban, twentieth-century, technological society? Much of the turmoil and questioning has sprung from our Vietnam experience. Even today, as we poke through the historical debris of the Vietnam era, it is. difficult to identify why, and by what authority, the decisions were made which so deeply committed us in Southeast Asia. And the most significant question for the future …
Reformation Of Written Instruments In Missouri, William H. Thomas Jr.
Reformation Of Written Instruments In Missouri, William H. Thomas Jr.
Missouri Law Review
We all make mistakes. The remedy of reformation has developed to facilitate the correction of errors made in committing agreements to writing. The availability of the remedy is the subject of this article. The legal doctrines will be treated generally with the primary focus on the Missouri decisions. This comment begins with a general discussion of the remedy, and then analyzes the theories for relief, the instruments and defects which may be reformed, the parties to the action, and four defenses-the Statute of Frauds,- the petitioner's negligence, the statute of limitations and laches. At the outset it is important to …
Book Review
Missouri Law Review
Dennis Tuchler gives a review of Daniel R. Mandelker's 1971 publication The Zoning Dilemma: A Legal Strategy for Urban Change. The Zoning Dilemma is about Mankelker experience examining the King County plan and its execution, from which he draws several conclusions. First, planning and zoning are the salvation of the developing urban fringe, but only if they are beefed up and better handled. Second, a truly effective system of planning requires a decreasing emphasis on private rights in the development of land, primary emphasis on a "community" plan rather than on the effects of a zoning decision on a neighborhood …
Damnum Absque Injuria: When Private Property May Be Damaged Without Compensation In Missouri, J. Nelson Happy
Damnum Absque Injuria: When Private Property May Be Damaged Without Compensation In Missouri, J. Nelson Happy
Missouri Law Review
In perhaps no area of the law are the rules more contradictory, confusing and difficult to retain than in eminent domain, and one of the most puzzling concepts in this area is damnum absqua injuria, damage without legal injury. Almost everyone is familiar with the constitutional provisions which guarantee that private property shall not be taken or damaged for public purposes without payment of just compensation to its owner.1 However, there are many factual situations in which tangible damage is done to real property as a result of the state's exercise, or threat of exercising, the power of eminent domain, …
Credibility Impeachment By Prior Conviction, Timothy V. Barnhar
Credibility Impeachment By Prior Conviction, Timothy V. Barnhar
Missouri Law Review
The adversary system of adjudication is one of the major cornerstones of the Anglo-American system of justice. One of the most striking characteristics of this adversary system is the right of counsel to impeach the credibility of the opponent's witnesses. The purpose of this is to suggest to the trier of fact that the witness's testimony is not worthy of belief. Exposing a witness's prior convictions of offenses against society is one of the most commonly used methods of impeachment. Such a practice is specifically authorized in Missouri by a statute which provides: Any person who has been convicted of …
Qui Tam Actions Under The 1899 Refuse Act: Possibility Of Individual Legal Action To Prevent Water Pollution, Charles N. Drennan
Qui Tam Actions Under The 1899 Refuse Act: Possibility Of Individual Legal Action To Prevent Water Pollution, Charles N. Drennan
Missouri Law Review
During the decade of the 1960's a host of environmental problems were brought to the attention of the American public, including overpopulation, poisoning from pesticides, air pollution, and water pollution. As a result, concerned individuals joined to form conservation dubs and other groups in an attempt to find methods of combating the various problems. One of the methods proposed in the water pollution area arose from certain provisions in an 1899 statute which has now come to be known as the 1899 Refuse Act. Briefly stated, the Act prohibits the discharge of any refuse matter into navigable water without first …
Book Review
Missouri Law Review
William B. Fisch gives a review of Barlow F. Christensen's study Lawyers for People of Moderate Means: Some Problems of Availability of Legal Services. Sponsored by the American Bar Foundation, Christensen undertakes a "modest analytical task": the identification and preliminary examination of basic issues involved in the marketing of legal services. Such an analysis would provide necessary background for planning an attack on what may be the most important problem facing the legal profession today, namely the inaccessibility of its services to the great mass of the population.
Child Support In Missouri: The Father's Duty, The Child's Right And The Mother's Ability To Enforce, Gerald D. Mcbeth
Child Support In Missouri: The Father's Duty, The Child's Right And The Mother's Ability To Enforce, Gerald D. Mcbeth
Missouri Law Review
An obligation exists between father and child, the father having a duty to provide support, and the child having the right to receive support from his father. The enforceability of the obligation, however, does not run in a parallel manner. In Worthington v. Worthington, a guardian acting in behalf of seven minor children attempted to enforce the children's right of support against their father; the St. Louis Court of Appeals affirmed the father's demurrer. The court held that even though the father's duty to support his children was a legal duty, no cause of action is recognized in the children …
Prospective Limitation Of Constitutional Decisions In Criminal Cases, John F. Dobbyn
Prospective Limitation Of Constitutional Decisions In Criminal Cases, John F. Dobbyn
Missouri Law Review
In 1965, the Supreme Court was impelled by circumstances of its own making to launch itself on the uncharted course of prospective limitation of its decisions in the field of constitutional rights of the criminal defendant. The evolution of that principle, through the cases that followed its inception in Linkletter v. Walker, provides an interesting chapter in the evolution of the Court itself, with serious implications concerning the Court's relative position in a constitutionally constructed system of government. While Linkletter gave birth to the device of prospective application of constitutional decisions, it was inevitably conceived some four years earlier in …
1969 Reform Act And Multiple Accumulation Trusts, The, David Radunsky
1969 Reform Act And Multiple Accumulation Trusts, The, David Radunsky
Missouri Law Review
This comment will examine the potential use of multiple accumulation trusts in the mitigation of income tax under the 1954 Internal Revenue Code as amended by the 1969 Tax Reform Act. By way of introduction, there will be a brief description of trust taxation in general and of the advantage of accumulation trusts inherent in the basic statutory scheme. In Part II, the history of the use of multiple accumulation trusts will be discussed, including an examination of the "five year throwback" rule adopted in 1954 in an effort to limit the advantages of these trusts. Part III will describe …
Gideon V. Wainwright: Echoes Of The Trumpet, Gary S. Dyer
Gideon V. Wainwright: Echoes Of The Trumpet, Gary S. Dyer
Missouri Law Review
Regardless of one's feelings about the desirability of the states providing counsel for a criminally accused indigent, there is no doubt that, at least in federal cases, the sixth amendment requires that, "in all criminal prosecutions, the accused shall have the right.., to have the Assistance of Counsel for his defense." Some persons have felt that many of the questions surrounding the provision of legal assistance to the indigent accused were answered by the United States Supreme Court in the landmark case of Gideon v. Wainwright, but subsequent developments in both federal and state cases indicate that Gideon raised more …
Right To Counsel At The Grand Jury Stage Of Criminal Proceedings, Walter W. Steele Jr.
Right To Counsel At The Grand Jury Stage Of Criminal Proceedings, Walter W. Steele Jr.
Missouri Law Review
Criminal justice in the United States is administered in a series of stages, ranging from the arrest stage at the beginning, to the parole stage at the end. A person accused of crime is processed by being passed from one stage to another. At any stage the accused person may be screened out of the system altogether, or he may be passed along to the next stage for further processing. For example, at the trial stage the accused is either acquitted (screened out of the system) or he is convicted, and bound over for sentencing (passed along to the next …
Development And Current Application Of Missouri Public Sector Labor Law, The, Francis J. Loevi Jr.
Development And Current Application Of Missouri Public Sector Labor Law, The, Francis J. Loevi Jr.
Missouri Law Review
The following is an attempt to supply both labor and management with a starting point from which to assess their relative positions under the law. While an attempt will be made to avoid excessive use of personal opinion, it should be understood at the outset that very little of the law as it currently applies to public employees in Missouri has been tested in the courtroom, and consequently, judgments as to the exact meaning of particular facets of the law must occasionally be made for the sake of meaningful discussion. The first part of this article The first part of …
Islamic Wakf, The, William F. Fratcher
Islamic Wakf, The, William F. Fratcher
Missouri Law Review
The institution of wakf rests upon the shari'a, the religious law of Islam. Although it antedates the mediaeval English feoffment to uses, precursor of the trust, by at least four centuries, the Islamic wakf bears striking resemblances to the trust. The origins of the shari'a are to be found in the Koran, looked upon as the revealed word of Allah, and in the Hadith, traditions of the deeds and sayings of the Prophet Mohammed. Some discussions of the peculiarities of the shari'a will be helpful to an understanding of the law of wakf. First, the shari'a is a personal, as …