Law Commons^™

Mediation And Misconduct: A Better Way To Resolve Title Ix Disputes, Adam Laytham

Journal of Dispute Resolution

No abstract provided.

State Legislative Update, Juvan Bonni, Jonathan Ence, Lauren Smith, Jackson Tyler

Journal of Dispute Resolution

No abstract provided.

Dual Allegiance: Federal And State Treason Prosecutions, The Treason Clause, And The Fourteenth Amendment, Alexander Gouzoules

Faculty Publications

The Treason Clause creates an individual right at a criminal trial that could have logically been placed within the Fifth Amendment rather than Article III: “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” It has effectively prevented expansive uses of the charge at the federal level. But states may also charge citizens with treason against state governments, and many such prosecutions have played important roles in American history.

This article reviews the parallel histories of state and federal treason prosecutions. It then analyzes …

New Ways Of Protecting Collective Interests: Italian Class Litigation And Arbitration Through A Comparative Analysis, Marcello Gaboardi

Journal of Dispute Resolution

No abstract provided.

Masthead

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

Rogue Corporations: Unlawful Corporate Conduct And Fiduciary Duty, H. Justin Pace

Missouri Law Review

No abstract provided.

Policing Executive Teamwork: Rescuing The Apa From Presidential Administration, William Powell

Missouri Law Review

No abstract provided.

Fake Polls, Real Consequences: The Rise Of Fake Polls And The Case For Criminal Liability, Tyler Yeargain

Missouri Law Review

No abstract provided.

Children Are Our Future: Resurrecting Juvenile Rehabilitation Through "Raise The Age" Legislation In Missouri, Brittany L. Briggs

Missouri Law Review

No abstract provided.

Request Denied: Retaliation Under Title Vii For A Request For Religious Accommodation, Rhett Buchmiller

Missouri Law Review

No abstract provided.

Deconstructing The Paradox Of The Constitutional Incarceration Of Innocent Citizens, Rebecca Charles

Missouri Law Review

No abstract provided.

Bail Reform: A Possible Solution To Missouri's Broken Public Defender System?, Dana Kramer

Missouri Law Review

No abstract provided.

References To Movies In Judicial Opinions And Written Advocacy, Part 2, Douglas E. Abrams

Faculty Publications

In the Journal’s September- October issue, Part I of this article sampled recent federal and state judicial opinions that cite themes, scenes, or characters from movies listed on the American Film Institute (AFI) “100 Greatest American Films of All Time.” This Part II picks up where Part I left off. The discussion below samples recent judicial opinions that cite other well-known movies that have captivated American audiences without winning places on the “100 Greatest” list. Part II concludes by explaining why brief writers should feel comfortable following the judges’ lead by carefully using movie references to help make written substantive …

Tax Cuts And Jobs Act Changes To Qualified Transportation Fringe Benefits And The Resulting Impact On Tax-Exempt Organizations, Connor M. Sosnoff

Missouri Law Review

Transportation to and from one’s place of employment is an important cost that most workers consider when choosing where to work. This may be particularly true for workers who seek employment in charitable or non-profit work. Section 132(f) of the Internal Revenue Code (the “Code”) incentivizes employers to provide employees with parking and transportation to attract potential employees to their business and ease the burden of commuting. This tax provision serves various policy rationales by allowing employees to exclude from their income transportation benefits received from their employer up to a monthly maximum. Allowing employees to exclude some of these …

New Tricks For An Old Dog: Deterring The Vote Through Confusion In Felon Disenfranchisement, Emily Rong Zhang

Missouri Law Review

Felon disenfranchisement laws do not just disenfranchise. They also confuse. By imposing heavy penalties for failing to correctly navigate complex provisions, these statutes confuse eligible voters and discourage them from exercising their right to vote. In this way, felon disenfranchisement laws resemble modern voter suppression laws: they deter eligible voters from voting. Modest reforms can and should be implemented to affirmatively inform formerly incarcerated individuals of their restored voting rights.

The Quest For Equal Dignity: Federal Statutory Protection Against Sexual Orientation Discrimination, Alec D. Guy

Missouri Law Review

Over one million Americans are married to someone of the same sex. Although the United States Supreme Court guaranteed the fundamental right of marriage to same-sex couples in 2015, these individuals can still be denied housing or fired from their dream job after getting legally married. For much of history, gay individuals have not been protected by the law, both statutorily and constitutionally. Private individuals are generally still free to discriminate against gay people today because federal statutes rarely prohibit discrimination based on sexual orientation. Consequently, many have argued that sexual orientation discrimination constitutes unlawful discrimination based on sex. Until …

Masthead

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

The Uncertain Future Of Felon Disenfranchisement, Bruce E. Cain, Brett Parker

Missouri Law Review

Felons represent a large majority of disenfranchised adult Americans, with a significant proportion remaining unable to vote even after completing the entirety of their sentences. As voter eligibility requirements become an increasingly contested partisan battlefield, the fate of these disenfranchised individuals has become increasingly unclear. With this backdrop in mind, we consider recent developments in felon disenfranchisement, the prospects for future legislative action, and the legal arguments that litigants might employ to challenge the practice. In so doing, we exploit newly collected polling data to determine (1) whether Americans are ready to end felon disenfranchisement, and (2) under what circumstances …

Felon Disfranchisement In Missouri: 1821–1970, Pippa Holloway

Missouri Law Review

In Missouri, individuals who have committed a felony offense cannot vote until they have completed their prison sentence and any probation or parole. There are areas of both continuity and change over the two centuries since Missouri’s first constitution allowed the legislature to limit the suffrage rights of those convicted of infamous crimes. In pre-Civil War Missouri, the concept of infamy was a part of legal culture, as was the case in other states. Infamy connected the degradation of criminal activity and criminal punishment with the loss of citizenship rights and thus provided the intellectual foundation for felon disfranchisement. In …

The Best Laid Plans: How Administrative Burden Complicates Voting Rights Restoration Law And Policy, Jennifer L. Selin

Missouri Law Review

Despite significant literature on the electoral and democratic implications of laws that restore the right to vote to individuals with felony convictions, few scholars have explored whether these reforms result in practical changes. This Article examines the effect of administrative capacity and individual experience on policy implementation and finds that, even in the face of de jure felon rights restoration, policymakers can (knowingly or unwittingly) alter de facto restoration. Specifically, states have limited administrative capacity to absorb the costs of rights restoration. As a result, the burden of restoration falls onto citizens. Facing learning, compliance, and psychological hurdles to the …

The Federalist Regulation Of Privacy: The Happy Incidents Of State Regulatory Activity And Costs Of Preemptive Federal Action, Henry Adams

Missouri Law Review

The impact of society’s digital integration is difficult to articulate. It suffices to say much of our lives are now digitized, and digital technologies have yielded immeasurable benefits to the individual and society at large. Change heralds challenge, and the digital paradigm-shift has brought challenges of comparable numerosity and magnitude. Privacy is at the forefront of those challenges. In recent years, the digital industry has been subject to increased scrutiny over the rising number of privacy scandals and perceived market failures related to the collection and use of individuals’ personal information. New technologies, market developments, and increases in public attention …

Reinforcing Autonomy: Legal Ethics And Constitutional Compliance In Indigent Criminal Defense, George R. Brand

Missouri Law Review

Regulating the judicial system is an inherently difficult task. With multi-ple stakeholder groups often at odds with each other and within themselves, it is almost impossible to create laws, rules, and norms that satisfy everyone. The unnervingly peculiar capital murder case of McCoy v. Louisiana typifies the many competing ideologies and motivations constantly in flux in the American judicial system. While unique idiosyncrasies within this case frame a series of events unlikely to be repeated, the Supreme Court of the United States’ split decision educes this ongoing debate amongst judges, litigants, and legislatures on the best practices and purposes undergirding …

Balancing Act: Admissibility Of Propensity Evidence Under Article I, Section 18(C) Of The Missouri Constitution, Emily Holtzman

Missouri Law Review

The American legal system has a long-standing ban against using character evidence to show a party’s propensity to act in conformity with that character. This rule has been especially stringent in the criminal system, where the notion is that when a criminal defendant is tried for a crime, that defendant should face trial only for the crimes charged. However, certain crimes, like sex crimes, can be incredibly difficult to prosecute and, accordingly, victim advocates have pushed for changes to these rules. The Federal Rules of Evidence (“FRE”) and several states have enacted rules that allow evidence of prior bad acts …

Faculty List

Missouri Law Review

No abstract provided.

Uncertainty In Employee Status Across Federal Law, Ryan Vacca

Faculty Publications

Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in applying the test. But the Supreme Court has never said which, if any, of the factors are the most important in the analysis, nor has anyone determined whether the underlying purpose-enhancing predictability and certainty-has been attained.

This empirical study uses content …

Responsible Devolution Of Affordable Housing, Andrea Boyack

Faculty Publications

The federal government has been heavily involved in promoting housing affordability since the 1930s and continues to have a critical role to play. Over the past several decades, the federal government has financed affordability by promoting development and income subsidies, but specific allocation decisions have devolved. Housing inequities can best be addressed locally, but only if localities are held to high standards of fairness and regional coordination is facilitated. Successful and sustainable local solutions to housing affordability will also require a substantial financial investment, one that the federal government can and should reliably and adequately provide. Each year, Congress permits …

It's Scandalous! - Limiting Profane Trademark Registrations After Tam And Brunetti, Gary Myers

Faculty Publications

Over the course of the last two years, the Supreme Court has engaged in a long-overdue assessment of the constitutionality of federal trademark law prohibitions on the registration of offensive marks. In its unanimous 2017 decision in Mata/ v. Tam, the Court held that the disparagement clause is a content-based provision that violates the First Amendment. In 2019, the Court in Iancu v. Brunetti held that the refusal to register the mark "FUCT" on grounds that it was immoral or scandalous would also violate the First Amendment. These cases offered an opportunity for the Court to clarify the proper role …