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University of Missouri School of Law

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Full-Text Articles in Law

Federal Courts--Proposed Aircraft Crash Litigation Legislation, Kenneth W. Johnson Apr 1970

Federal Courts--Proposed Aircraft Crash Litigation Legislation, Kenneth W. Johnson

Missouri Law Review

The legal consequences of an air crash are infinitely more complex than other transportation disasters, and the litigation almost always presents special problems. A single crash often gives rise to multiple claims filed in diverse federal districts, each of which has proper jurisdiction and venue. Since liability may vary in accordance with the particular state law under which the case is tried, such duplication is arguably a necessary price for a federal system of law. State law, which ordinarily controls the resolution of substantive issues, may vary as to the use of certain defenses, the burden of proof, the availability …


Book Review Apr 1970

Book Review

Missouri Law Review

Frederick Spiegel reviews Paul C. Reardon and Clifton Daniel’s 1968 report: Fair Trial and Free Press. Fair Trial and Free Press is a report on one in a series of National Debate Seminars sponsored by the American Enterprise Institute held at George Washington University, Washington, D. C. and the first in the series to be nationally televised. The debate dealt with the conflict of the two fundamental rights and centered around the controversial Reardon Report adopted at the ABA's House of Delegates in February, 1968. The participants in the debate were Justice Paul C. Reardon of the Supreme Judicial Court …


Recent Cases Apr 1970

Recent Cases

Missouri Law Review

Recent Cases


Table Of Cases Jan 1970

Table Of Cases

Missouri Law Review

Table of Cases


Law Or Equity: The Right To Trial By Jury In A Civil Action, Thomas Jean O'Neil Jan 1970

Law Or Equity: The Right To Trial By Jury In A Civil Action, Thomas Jean O'Neil

Missouri Law Review

The Missouri Constitution article 1, section 22 (a) provides that "the right of trial by jury as heretofore enjoyed shall remain inviolate ..."' The Missouri Supreme Court has interpreted this to mean that it does not extend or contract the right to trial by jury, but preserves the right as it existed at the time of the adoption of the constitution. In other words, since each of Missouri's four constitutions have similar provisions, the right is preserved as it existed in 1820, the date of adoption of Missouri's first constitution. At common law not all civil matters were tried before …


Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Defending The Low-Income Tenant In North Carolina, Dale A. Whitman Jan 1970

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …


Reflections On Riparianism, T. E. Lauer Jan 1970

Reflections On Riparianism, T. E. Lauer

Missouri Law Review

The solution to the water problem must involve one or more of several limited alternatives. We must either: (1) develop new sources of water; (2) reduce our per capita water use; (3) stop our population growth; or (4) use our present supply of water more efficiently. Any solution will draw heavily upon science and technology. Through them we will learn to remove the salt from ocean water, to purify polluted waters, to distribute water economically over great distances, and to reduce the waste and even the use of water. It is clear that the law will create no new water. …


Table Of Leading Articles--Authors/Titles/Book Reviews Jan 1970

Table Of Leading Articles--Authors/Titles/Book Reviews

Missouri Law Review

Table of Leading Articles--Authors/Titles/Book Reviews


Title Page Jan 1970

Title Page

Missouri Law Review

Title Page


Index To Subjects Jan 1970

Index To Subjects

Missouri Law Review

Index to Subjects


Statement Of Ownership, Management And Circulation Jan 1970

Statement Of Ownership, Management And Circulation

Missouri Law Review

Statement of Ownership, Management and Circulation


Masthead Jan 1970

Masthead

Missouri Law Review

No abstract provided.


Planned Unit Development, Clifford H. Ahrens Jan 1970

Planned Unit Development, Clifford H. Ahrens

Missouri Law Review

The efforts of those seeking imaginative, flexible, and creative results from planning, zoning, and land-use controls have recently been concentrated on planned unit development (PUD). The basic purpose of PUD is to do away with the inflexible dimensional standards and use regulations of conventional zoning and planning laws, and thereby to encourage creative large-scale development in a way which can best utilize the land for the collective benefit of the residents. Individual PUD's most frequently involve the use of density zoning, rather than the conventional technique of minimum lot sizes. Under density zoning, by varying lot sizes and using buildings …


Book Review Jan 1970

Book Review

Missouri Law Review

Charles Blackmar reviews Richard A. Watson and Rondal G. Downing’s 1969 publication: The Politics of the Bench and the Bar. The authors undertake to answer the difficult question of whether judges appointed under the plan are "better" than those chosen in partisan elections. The study employs five statistical compilations as follows: (1) lawyer evaluation of quality; (2) lawyer evaluation of impartiality; (8) standing in bar polls; (4) standing in popular vote in retention; and (5) affirmance-reversal record. The authors concede that the use of the last mentioned factor may be subject to question since the judge who is too afraid …


Recent Cases Jan 1970

Recent Cases

Missouri Law Review

Recent Cases


Modification Of The Riparian Theory And Due Process In Missouri, James D. Ellis Nov 1969

Modification Of The Riparian Theory And Due Process In Missouri, James D. Ellis

Missouri Law Review

Until relatively recent years water rights legislation and litigation has primarily centered in the seventeen arid and semi-arid western states. However, as a result of increased demands on water resources for agricultural, industrial, recreational and public uses, the more humid and traditionally water rich states of the East have expressed concern for and interest in the conservation and regulation of their water resources. A significant number of these states have departed from the common law riparian theory of water use law and have enacted comprehensive regulatory measures, modeled after the water acts common in the western states. In accordance with …


Office Of The Solicitor General-Representing The Interests Of The United States Before The Supreme Court, The , Erwin N. Griswold Nov 1969

Office Of The Solicitor General-Representing The Interests Of The United States Before The Supreme Court, The , Erwin N. Griswold

Missouri Law Review

Any Solicitor General is inevitably aware that he is basically an advocate. Within wide limits it is not for him to decide the cases which are before the Court-that is for the Court. But he is also aware that the office involves some incidents of statesmanship. The origins of the Office, its official responsibilities, and the obvious differences from private law offices, all reflect this unusual status. It is to these factors that this article focuses on.


Missouri Uniform Securities Act, The, Hal M. Bateman Nov 1969

Missouri Uniform Securities Act, The, Hal M. Bateman

Missouri Law Review

Despite the spectacular events of recent years in the field of federal securities law, the less glamorous arena of state securities regulation—better known as "blue sky law"—continues to play an important and regular role in the securities lawyer's practice. The new Missouri Uniform Securities Act must therefore be carefully considered and analyzed by Missouri attorneys. It is the purpose of this article to assist in such consideration and analysis. The adoption of the new Missouri Act is particularly significant for two reasons. First, in displacing the prior Missouri statutes, the new Act provides a modern, comprehensive, and well-drafted statute which …


Masthead Nov 1969

Masthead

Missouri Law Review

No abstract provided.


Pre-Trial Publicity, Michael L. Boicourt Nov 1969

Pre-Trial Publicity, Michael L. Boicourt

Missouri Law Review

One of the most controversial problems in the criminal law field during the 1960's has centered around the apparent contradiction between detailed reporting of events about which there is pending criminal litigation and the sixth amendment right of the criminally accused to a public trial "by an impartial jury." The impartiality of our criminal process is one of the most highly regarded of American legal traditions. The difficulty in maintaining this tradition, in a society permeated with every form of mass information media, of catering to a curious public is one of the vital issues of our time. This comment …


Standing To Object To Unreasonable Search And Seizure, Jill Bredeman Steps Nov 1969

Standing To Object To Unreasonable Search And Seizure, Jill Bredeman Steps

Missouri Law Review

In 1960, the Supreme Court decided Jones v. United States, the first full discussion of standing in a search and seizure case. That case declared that, in order to qualify as a "person aggrieved" by an unlawful search and seizure, one must have been the victim of a search and seizure, and that same person must be the one against whom the search was directed (as distinguished from one who was prejudiced only through the use of the evidence gathered as a result of a search and seizure directed at someone else). Thus, Jones changed the requirement as to the …


Book Received Nov 1969

Book Received

Missouri Law Review

Books Received


Recent Cases Nov 1969

Recent Cases

Missouri Law Review

Recent Cases


Recent Cases Jun 1969

Recent Cases

Missouri Law Review

Recent Cases


Joseph Story: The Age Of Jackson, Gerald T. Dunne Jun 1969

Joseph Story: The Age Of Jackson, Gerald T. Dunne

Missouri Law Review

The purpose of this article is to provide an overview of Andrew Jackson's presidency, beginning with his inaugeration, and ending with his predecessor, Van Buren.


Realization Of Income In Deferred Payment Sales, Richard N. Nixon Jun 1969

Realization Of Income In Deferred Payment Sales, Richard N. Nixon

Missouri Law Review

This comment will consider the extent to which a taxpayer must, because he received written evidence of the buyer's obligation to pay money in the future, recognize income at the time of the sale. The obligation received could be a simple promissory note, negotiable paper, a note secured by a mortgage, or as in Heller an installment contract. Although the availability of installment sales reporting under section 453 is an important consideration in the area, the comment will not deal with that aspect of the problem. A brief history of the pertinent statutory language and a consideration of what this …


Masthead Jun 1969

Masthead

Missouri Law Review

No abstract provided.


Control Of Firearms, Edward H. Sheppard Jun 1969

Control Of Firearms, Edward H. Sheppard

Missouri Law Review

It is the purpose of this comment to summarize the firearm laws of Missouri against a background of gun legislation in other jurisdictions. A basic question to be discussed is: to what extent can a person own and carry firearms in Missouri without violating the criminal law?