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Articles 5821 - 5850 of 7283
Full-Text Articles in Law
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
Environmental Law: New Legal Concepts In The Antipollution Fight , Patrick E. Murphy
Environmental Law: New Legal Concepts In The Antipollution Fight , Patrick E. Murphy
Missouri Law Review
Until quite recently it has been the accepted view that one of man's chief functions was to control and to exploit his environment. Only within the last year have most Americans begun to realize that we do not possess an inexhaustible supply of natural resources; that in fact the quality of man's life is threatened and perhaps his very existence. This public concern for the quality of our environment is beginning to be felt in the courtroom. Private citizens have attempted to preserve the livability of this country by bringing legal action against the federal government, the states, and private …
Theories Of Water Pollution Litigation, Peter N. Davis
Theories Of Water Pollution Litigation, Peter N. Davis
Faculty Publications
The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.
Statement Of Ownership, Management And Circulation
Statement Of Ownership, Management And Circulation
Missouri Law Review
No abstract provided.
Model Regulations For The Control Of Land Subdivision, Robert H. Freilich, Peter S. Levi
Model Regulations For The Control Of Land Subdivision, Robert H. Freilich, Peter S. Levi
Missouri Law Review
Viewed in this framework of the changing needs of land use controls, this article will endeavor to show how subdivision regulations can be successfully utilized to accomplish a community's goals and objectives. Our purpose will be to indicate the problems concerning subdivision regulations in Missouri and to suggest various solutions based on existing legislation. This article will also present proposals for statutory revision, analysis of judicial decisions, and lastly, the provisions of a set of model subdivision regulations. The model covers all possible situations with which a governing body or administrative agency may be faced and incorporates requirements suited to …
Book Review
Missouri Law Review
William Fratcher reviews General Telford Taylor's 1970 book, Nuremberg and Vietnam: An American Tragedy. In the book under review, General Taylor appears to approve the conviction of crimes against the peace by the first or international Nuremberg Tribunal in the case of high military and government officials who participated in Hitler's planning of wars of aggression but to question that tribunal's holding that Admiral Doenitz waged aggressive war -merely by commanding a flotilla of submarines. Now that twenty-two years have elapsed since he sought their conviction of that offense, General Taylor appears to be thankful that the tribunal acquitted all …
Mental Responsibility And The Criminal Law In Missouri, Henry S. Clapper
Mental Responsibility And The Criminal Law In Missouri, Henry S. Clapper
Missouri Law Review
The purpose of this comment is two-fold: first, to discuss generally the criminal law concept of mental disease or defect; and second, to provide an analysis of important Missouri case law arising under the 1963 mental responsibility act. Prior to the passage of the act, Missouri followed the traditional test for criminal insanity known as the M'Naghten Rule. The new codification includes some of the various modifications of the M'Naghten Rule that have been made in both the recent and more distant past. In order to better understand the application of the Missouri statute, a discussion of the various approaches …
Ancillary Costs In The Purchase Of Homes, John C. Payne
Ancillary Costs In The Purchase Of Homes, John C. Payne
Missouri Law Review
The basic legal doctrine governing the transfer of land is relatively simple. Or, to be more accurate, it is not especially difficult to comply with the minimum requirements of the law. Theoretically, the grantor must merely execute and deliver a conventional document. In practice, however, land transfers are sufficiently complex to require the services of a number of persons besides the immediate parties. Real estate brokers, attorneys, mortgage lenders, public officials, and others play their parts and generally demand compensation. It follows that in the sale of land two distinct costs must be met: first, the gross purchase price; and …
Criminal Responsibility And Competency As Influenced By Organic Disease, Earl F. Rose
Criminal Responsibility And Competency As Influenced By Organic Disease, Earl F. Rose
Missouri Law Review
It is the purpose of this article to survey legally significant organic diseases that may be contributing factors in criminal conduct or lead to criminal incompetency. An exhaustive cataloging of diseases is not intended, but rather the goal is to create an awareness in the practicing attorney, who finds himself defending an individual of questionable mental stability, of the possible medical theories that may be argued in defending his client. It is hoped that the material presented herein will alert the attorney to the necessity of seeking an expert medical opinion whenever the attorney suspects that his client is suffering …
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Missouri Law Review
The first part of this article analyzes the preliminary hearing as a working institution. The second part sets out and evaluates current proposals and prospects for improving the hearing through reform. In the third part a set of alternative procedures is proposed which might function better than a judicial hearing with multiple functions, and comparisons are made with present and proposed hearing procedures. Throughout the article it will be assumed that any proposal for reform should fairly and effectively protect the interests of the accused while respecting the needs of law enforcement. In addition, any proposal for reform should take …
Separation Agreements In Missouri, Irwin E. Blond
Separation Agreements In Missouri, Irwin E. Blond
Missouri Law Review
In the calendar year of 1968 an estimated 537,000 divorces took place in the United States. In many of these divorces the respective future rights and responsibilities of the parties were fixed in a written agreement known as the "Separation Agreement." The purpose of this comment is to present the practical problems encountered in Missouri in the use of such agreements and to suggest possible solutions for them. In the absence of an agreement respecting the future responsibilities of the parties, the court's authority in such matters is limited. According to section 452.070, RSMo 1969, the court can grant a …
Legal Internship In Missouri, J. Douglas Cassity
Legal Internship In Missouri, J. Douglas Cassity
Missouri Law Review
Missouri has four excellent law schools. However, they have been operating at a disadvantage compared to schools in states providing for law student internship. The law students, the state, and the bar in states permitting student internship have a tremendous opportunity to reap such inestimable benefits as increased legal services for the poor, relief for the bar from some of the burden of providing legal services in non-fee producing cases, an increased awareness on the part of law students of the law's relation to the problems of society, and an increased competence of lawyers educated in the schools of the …
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri And Federal Credit Disclosures--Coexistence, Stephen K. Taylor
Missouri Law Review
The Truth in Lending Act, which became effective on July 1, 1969, regulates credit transactions which are to some extent the subject of existing state and local regulations. This local legislation is anything but uniform, and the hodgepodge of existing state law varies greatly in scope and intensity. The federal law provides that a creditor shall not be required to comply with any state law requirements which are inconsistent with the demands of the federal statute. The proposition has been asserted, however, that to the extent state laws are consistent with the federal rules (i.e. contain substantive provisions which are …
Taxability Of Scholarships And Fellowships, Myron S. Zwibelman
Taxability Of Scholarships And Fellowships, Myron S. Zwibelman
Missouri Law Review
Since section 117 of the Internal Revenue Code was enacted in part to end the confusion created by the gift-compensation test under the 1939 Code, one might expect the section to resolve the basic definitional issue: which payments qualify as scholarship and fellowships? Yet, nowhere in section 117 or in its legislative history are the terms scholarship and fellowship defined. Either Congress was satisfied that these terms had generally accepted meanings which were not open to question or that there was no simple definition which would resolve the hard cases and that these might better be left to resolution by …
Estate Taxation Of Reciprocal Trusts, Norvie L. Lay
Estate Taxation Of Reciprocal Trusts, Norvie L. Lay
Missouri Law Review
As is to be expected, many individuals desire to avoid the inclusion of all their property in their gross estates for Federal estate tax purposes. Counterbalancing this desire is the wish to continue to enjoy all or some of the benefits therefrom during their lifetimes. This has often led to a transfer in trust with the grantor retaining some rights in the property but divesting himself of enough interest so as to create a reasonable expectation of having the value of the property excluded from his gross estate. These often elaborate schemes have proved both successful and unsuccessful depending upon …
Payments By A Cash Basis Federal Savings And Loan Association To The Fslic: Are They Deductible, Philip J. Erbacher
Payments By A Cash Basis Federal Savings And Loan Association To The Fslic: Are They Deductible, Philip J. Erbacher
Missouri Law Review
The author is an attorney in a Kansas City, Missouri law firm. His topic is the deductibility for federal income tax purposes of certain "premium" payments made by federally chartered savings and loan associations to the Federal Savings and Loan Insurance Corporation (FSLIC). Recently his firm was successful in establishing this point before a federal district court, and more recently the Court of Appeals for the Ninth Circuit, re- versing the Tax Court, reached a similar conclusion involving a savings and loan institution chartered under the laws of the state of California. In this article the author urges the correctness …
Aesthetic Zoning: Property Values And The Judicial Decision Process, Sheldon Elliot Steinbacht
Aesthetic Zoning: Property Values And The Judicial Decision Process, Sheldon Elliot Steinbacht
Missouri Law Review
The reluctance of courts, as well as certain segments of the public, to accept aesthetics as the sole basis for zoning stems from a reverence for the historic rights of private property. Put in the least favorable light, aesthetic zoning may be considered as the exercise of the police power to restrain an individual in the use of his private property so that the community may have the luxury of gazing upon pleasant surroundings. Many feel that the property owner should not be compelled to bear the financial burden of making the community beautiful but instead that the community itself …
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Securities Regulation--The Wheat Report Proposals, L. Thomas Elliston
Missouri Law Review
The Securities and Exchange Commission formed an internal study group in November, 1967, to examine the operation of the disclosure provisions of the Securities Act of 1983 (hereinafter referred to as the '33 Act), the Securities Exchange Act of 1934 (hereinafter referred to as the '34 Act), and SEC rules and regulations thereunder. This study group (hereinafter referred to as the Study) was under the direction and supervision of SEC Commissioner Francis M. Wheat. In March, 1969, the Study made its report to the SEC of its findings and proposals. The report is entitled Disclosure to Investors-A Reappraisal of Administrative …