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University of Missouri School of Law

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Full-Text Articles in Law

What’S Next?: Missouri’S Medicaid Expansion After Doyle V. Tidball, Jayke Simsheuser Jun 2022

What’S Next?: Missouri’S Medicaid Expansion After Doyle V. Tidball, Jayke Simsheuser

Missouri Law Review

For Autumn Stultza, a single mother suffering from severe tonsil stones, Melinda Hille, a Type 1 Diabetic forced to choose between eating and paying for medication, Stephanie Doyle, a mother of three unable to afford her eczema medications, and approximately 275,000 other Missourians, August 10, 2021 was a good day. More than a decade after the enactment of the Affordable Care Act and just over a year since Missourians voted to expand Medicaid, Missourians ages 19 to 65 making under 138% of the federal poverty level became officially eligible for Medicaid coverage through the state’s MO HealthNet program. Their excitement, …


Faculty List Jun 2022

Faculty List

Missouri Law Review

No abstract provided.


Masthead Jun 2022

Masthead

Missouri Law Review

No abstract provided.


Copyright Jun 2022

Copyright

Missouri Law Review

No abstract provided.


Table Of Contents Jun 2022

Table Of Contents

Missouri Law Review

No abstract provided.


Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin Jun 2022

Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin

Missouri Law Review

It was just two years ago this month that the Senate acquitted President Trump in the first impeachment trial, and one year ago this week, he was acquitted in the second trial for inciting an insurrection against the government of the United States. Now, in the first trial, Republican Senators voted to prohibit the trial managers, the actual prosecutors, from subpoenaing any witnesses or documents. They won because they were in the majority. Before both trials, enough Republican Senators, known as jurors, announced that they had already made up their minds to acquit the President—that the not-guilty verdicts were essentially …


How Impeachment Works, Michael J. Gerhardt Jun 2022

How Impeachment Works, Michael J. Gerhardt

Missouri Law Review

Presidential impeachments test nearly everyone. Whereas constitutional adjudication largely tests the limits and powers of governmental institutions, presidential impeachments do that and more. They test whether and how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials. A popular concern for most observers and commentators during …


Impeachment And Its Discontents, Brian C. Kalt Jun 2022

Impeachment And Its Discontents, Brian C. Kalt

Missouri Law Review

What purpose do presidential impeachments serve if the Senate does not convict? Should impeachment be attempted at all if there is no chance of conviction? These questions remind me of the old joke in which someone is asked whether he believes in infant baptism. He replies, “Believe in it? Heck, I’ve actually seen it done.”


Impeachment And Trial After Officials Leave Office, Michael W. Mcconnell Jun 2022

Impeachment And Trial After Officials Leave Office, Michael W. Mcconnell

Missouri Law Review

The second impeachment of President Donald J. Trump raised an important and unresolved question: May Presidents and other federal officers be impeached or tried on impeachments after they have left office? Most Democrats argued that former officers can be both impeached and tried; most Republicans argued that former officers can neither be impeached nor tried. Trump himself was impeached while still in office and tried – and acquitted – after he left office. This is the sort of question that could easily arise again, in connection with presidents and other officers of either party, and it needs an answer that …


The Constitutional (And Political) Safeguards Against Impeachment, Victoria Nourse Jun 2022

The Constitutional (And Political) Safeguards Against Impeachment, Victoria Nourse

Missouri Law Review

Will the Trump impeachments inspire a flurry of future presidential impeachments? Will the second Trump impeachment, which occurred after the President left office, spur impeachments of lesser, former government officials? These and other questions emerged during the 2022 Missouri Law Review Symposium and on the Senate floor during the Trump impeachment trials. I have argued that we can make an educated prognosis about these possibilities based on constitutional structure. I called this argument the “political safeguards” of impeachment in my recent book, The Impeachments of Donald Trump: An Introduction to Constitutional Argument. What I called political safeguards, invoking the great …


Impeachment In A System Of Checks And Balances, Keith E. Whittington Jun 2022

Impeachment In A System Of Checks And Balances, Keith E. Whittington

Missouri Law Review

Measured by any yardstick, it is hard to think that the first impeachment of President Donald Trump was particularly successful. But there are important broader questions raised particularly by the first Trump impeachment that have significance for how we think about the impeachment power moving forward. If future impeachment efforts are to be more successful, or even useful, Congress will have to understand the nature of the constitutional task that it is undertaking.


States Can Infringe Upon Your Intellectual Property Rights With Impunity In The Era Of "New Federalism", Homayoon Rafatijo, Dennis D. Crouch Apr 2022

States Can Infringe Upon Your Intellectual Property Rights With Impunity In The Era Of "New Federalism", Homayoon Rafatijo, Dennis D. Crouch

Faculty Publications

Antagonized by half a century of insouciance toward federalism boundaries, the "New Federalism" revival began under Chief Justice Rehnquist. As part of this revival, the Rehnquist Court substantially restrained Congress's authority to regulate commerce, abrogate sovereign immunity, fashion remedies pursuant to Section 5 of the Fourteenth Amendment, and "commandeer" state officials. The New Federalism has continued in the Roberts Court Era, most recently in a case weighing congressionally enacted copyright policy against the sovereignty of individual states to disregard copyright. In Allen v. Cooper, a unanimous Supreme Court held that Congress's express power under Article I is not a …


Faculty List Apr 2022

Faculty List

Missouri Law Review

No abstract provided.


Born-Again Rfra: Will The Military Backslide On Its Religious Conversion?, Michael Berry, Antony Barone Kolenc Apr 2022

Born-Again Rfra: Will The Military Backslide On Its Religious Conversion?, Michael Berry, Antony Barone Kolenc

Missouri Law Review

This Article details the importance of religious freedom in the United States and its armed forces, as well as the unfortunate history of non-accommodation that has plagued the Department of Defense (DoD) until recent years. It reviews the jurisprudence surrounding military service member free-exercise claims before and after the landmark Religious Freedom Restoration Act (RFRA) of 1993, and it analyzes how courts have addressed those claims within the military. It proposes an analysis for handing religious accommodation claims under RFRA in the military, and examines a series of hypotheticals that demonstrate the issues the DoD must confront and accommodate if …


Children Sentenced To Die In Prison: Why A Lifetime Behind Bars Is No Longer Justified For Juvenile Offenders, Logan Moore Apr 2022

Children Sentenced To Die In Prison: Why A Lifetime Behind Bars Is No Longer Justified For Juvenile Offenders, Logan Moore

Missouri Law Review

Brett Jones turned fifteen years old the summer before he was set to start high school. Twenty-three days later, he was arrested and charged as an adult. Now, he will spend the rest of his life behind bars. In the United States, a fifteen-year-old child cannot legally vote, drink alcohol, or – in most states – drive a car without adult supervision. That same fifteen-year-old, however, who is not considered responsible enough to buy a ticket to an R-rated movie, may be sentenced to life in prison without the opportunity for parole (“LWOP”). Not only is the United States the …


Pool Houses And Public Policy: The Uncollectability Of Contractual Attorney Fees In Missouri, Evan Miller Apr 2022

Pool Houses And Public Policy: The Uncollectability Of Contractual Attorney Fees In Missouri, Evan Miller

Missouri Law Review

Homeowners associations (“HOAs”) are a foundational piece of life in the United States for people of all socioeconomic backgrounds. These planned communities provide stable living arrangements that many homeowners desire, and protect buyers’ expectations of a neighborhood’s character. Despite the ostensibly beneficial goals of HOAs, they have generated substantial controversy. Columbia, Missouri, was the backdrop of a garden-variety HOA dispute between Ajay Aggarwal and Megha Garg (“the Homeowners”) and the Arrowhead Lake Estates Homeowners Association (“Arrowhead”). The Homeowners submitted a plan for several outdoor improvements but failed to include a small shed that would cover pool equipment. After a trial …


A Pill's Ransom: Healthcare Liability Litigation For Unnecessary Pelvic Examinations For Birth Control Pills, Bailey D. Barnes Apr 2022

A Pill's Ransom: Healthcare Liability Litigation For Unnecessary Pelvic Examinations For Birth Control Pills, Bailey D. Barnes

Faculty Publications

Despite some of the modest advances made in reproductive rights and reproductive justice in the twentieth and early-twenty-first century in the United States, many vestiges of paternalism and overregulation of female bodies remain. This Article tackles the issue of the requirement of pelvic exams and Pap smear tests for the prescription of oral contraceptives, otherwise known as the birth control pill ("the Pill"). Though state legislators are somewhat to blame for this exercise of control over female bodies for women to receive access to contraceptives, it is the medical profession itself that is at the core of this ill. Owing …


Masthead Apr 2022

Masthead

Missouri Law Review

No abstract provided.


Copyright Apr 2022

Copyright

Missouri Law Review

No abstract provided.


Table Of Contents Apr 2022

Table Of Contents

Missouri Law Review

No abstract provided.


Ending Political Discrimination In The Workplace, Craig R. Senn Apr 2022

Ending Political Discrimination In The Workplace, Craig R. Senn

Missouri Law Review

Currently, a significant disparity exists in workplace legal protections for an employee’s political affiliation. On one hand, public sector (federal, state, or local government) employees enjoy a bevy of protections. For example, twenty million state and local government employees rely on the First Amendment (and 42 U.S.C. § 1983) to guard against workplace discrimination based on political affiliation. Over two million federal government civil service employees lean on the Civil Service Reform Act of 1978 (CSRA) to provide that same protection.


Taking The Fight Out Of Fighting Words On The Doctrine’S Eightieth Anniversary: What “N” Word Litigation Today Reveals About Assumptions, Flaws And Goals Of A First Amendment Principle In Disarray, Clay Calvert Apr 2022

Taking The Fight Out Of Fighting Words On The Doctrine’S Eightieth Anniversary: What “N” Word Litigation Today Reveals About Assumptions, Flaws And Goals Of A First Amendment Principle In Disarray, Clay Calvert

Missouri Law Review

Analyzing a trio of recent rulings involving usage of the “N” word by white people directed at Black individuals, this Article explores problems with the United States Supreme Court’s fighting words doctrine on its eightieth anniversary. In the process of examining these cases and the troubles they illuminate, including the doctrine’s dubious reliance on racial and gender-based stereotypes, this Article calls for the Supreme Court to do more than merely refine its amorphous contours that lower courts now are fleshing out for themselves. Specifically, this Article contends that the Court must reconsider the foundational goals that animate this aging, often-criticized …


Time For A New Shoe? Making Sense Of Specific Jurisdiction, Jessica Hylton Apr 2022

Time For A New Shoe? Making Sense Of Specific Jurisdiction, Jessica Hylton

Missouri Law Review

Many of us can likely recall the uncomfortable feeling of a shoe that just does not fit. Whether too big or too small, it no longer offers the protection it was designed to provide and risks only pain and injury. Either way, it is time for a new shoe. Personal jurisdiction has its own shoe. In the groundbreaking case of International Shoe Co. v. Washington, the Supreme Court of the United States set out the necessary principles for a court to exercise personal jurisdiction over a defendant. These principles have endured for nearly 100 years. However, recent expansions on personal …


Valuing The Vulnerable: A Proposed Approach To Cyclical Competency, Kirsten Pryde Apr 2022

Valuing The Vulnerable: A Proposed Approach To Cyclical Competency, Kirsten Pryde

Missouri Law Review

The competency evaluation system in the United States is in crisis. The criminal justice system has long recognized that a criminal defendant has a right to a fair trial, and being competent to stand trial is a necessary component of that right. Mental illness is increasingly prevalent in our inmate population, and while mental illness and incompetence are not synonymous, the two are often correlated. Unsurprisingly then, competency evaluation requests have skyrocketed in recent years. But importantly, competency is not static. Cycles of compensation and decompensation may require a defendant to go through the competency evaluation system multiple times before …


Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher Apr 2022

Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher

Missouri Law Review

For centuries, scholars, judges, and lawmakers have argued over the role of the judiciary in striking down laws created by a democratically elected legislature. This problem has come to be known as the “Countermajoritarian Difficulty.” The famous Carolene Products footnote offers one widely accepted answer to the Countermajoritarian Difficulty. It stipulates that the judiciary should only invalidate laws that violate fundamental rights specified in the Constitution, disadvantage discrete or insular minorities, or undermine the political process. This approach promised judicial deference and allowed the legislature to create economic regulations. Debates on this subject typically involve federal courts. However, the Supreme …


The Actions Of Crop Insurance Bad Faith, Chad G. Marzen Mar 2022

The Actions Of Crop Insurance Bad Faith, Chad G. Marzen

The Business, Entrepreneurship & Tax Law Review

The federal crop insurance program is a critical risk management tool for agricultural producers which also provides an important safety net for farmers. Crop insurance seeks to protect against risks posed by adverse weather, drought, disease, and especially assists newer farmers who face the risk of potentially being pushed out of agriculture due to catastrophic events. In an era where bipartisanship is difficult to achieve, crop insurance has traditionally retained strong bipartisan support from Democratic, as well as Republican, lawmakers. This point was recently reaffirmed through Congress’ strong support of Farm Bills in 2014 and 2018.


Masthead Mar 2022

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.


Saving Family Farms From Eliminated Step-Up In Basis, Sydney Burckart Mar 2022

Saving Family Farms From Eliminated Step-Up In Basis, Sydney Burckart

The Business, Entrepreneurship & Tax Law Review

To achieve tax equality, lawmakers have proposed eliminating the step-up in basis for assets passing through an estate at death. Closing the loophole would indeed tax the rich, but it would also impact middle-class Americans, including full-time farmers. Farmers would incur large tax liability, inhibiting their ability to earn a living exclusively on the farm. Eliminating step-up in basis is a volatile issue that lawmakers have considered implementing to achieve tax equality. This article will present the history of the step-up in basis debate and analyze past efforts to close the step-up in basis loophole. That history informs recent tax …


Regulating The Relationship Between Franchisor And Franchisee: Has The American Dream Become A Corporate Scheme?, Harper Palmer Mar 2022

Regulating The Relationship Between Franchisor And Franchisee: Has The American Dream Become A Corporate Scheme?, Harper Palmer

The Business, Entrepreneurship & Tax Law Review

Franchisors sell the American Dream to franchisees, marketing it as an opportunity to effectively “own your own business,” while minimizing initial investment. Despite this, franchise agreements often unfairly favor the franchisor—this makes sense considering the need for franchisors to set standards of performance and consistency for the brand; however, this leaves franchisees exposed to unfair and deceitful practices that often are typical of the franchising system. When Franchisors base their corporate franchise model on serving their franchisees and increasing system-wide profitability, franchise systems thrive; however, when franchisors obsess over their own bottom-line, rather than that of the franchisee, it can …


Fda-Approved: How Pfas-Laden Food Contact Materials Are Poisoning Consumers And What To Do About It, Katya S. Cronin Mar 2022

Fda-Approved: How Pfas-Laden Food Contact Materials Are Poisoning Consumers And What To Do About It, Katya S. Cronin

The Business, Entrepreneurship & Tax Law Review

Nearly every person in the United States currently has in their body dangerous amounts of chemicals proven to cause cancer, endocrine disruptions, liver and kidney failures, infertility, developmental difficulties, learning disorders, and immunodeficiencies. These chemicals are known collectively as “PFAS”—per- and poly-fluoroalkyl substances—and they were designed for heavily industrial applications. However, over the last two decades, they have surreptitiously and successfully migrated from heavy machinery and building sites onto the many items that consumers use to cook, serve, or store their food. With the FDA’s blessing, PFAS are now ubiquitous in food contact materials, from where they leach directly into …