Law Commons^™

Missouri Law Review Fellows Program Inaugurated, Dale A. Whitman

Faculty Publications

The Missouri Law Review has a distinguished history of service to the legal profession and the academic community. First published more than fifty years ago, the Review has printed many articles and student notes which have served to improve the administration of justice, while at the same time providing hundreds of second- and third-year law students with a uniquely valuable experience in legal analysis, scholarship, and editing. Membership on the Review has become an important credential, reflecting credit on the student members and enhancing their attractiveness to law firms seeking associates and judges seeking clerks.

The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams

Faculty Publications

Section 12 of the Securities Act of 1933 creates two private rights of action, each providing in relevant part that ‘ a ny person who offers or sells a security . . . shall be liable to the person purchasing such security from him . . ..’ Because suit may be maintained only by the person who purchases the security from defendant, an offeror may incur section 12 liability only if the offeror also ‘sells' the security to the plaintiff. Section 12(1) imposes liability on any seller whose offer or sale violates the Act's registration or prospectus requirements found in …

Social Investing And The Lessons Of South Africa Divestment: Rethinking The Limitations On Fiduciary Discretion, Robert H. Jerry Ii, O. Maurice Joy

Faculty Publications

Part I of this Article defines social investing and briefly reviews the South Africa divestment movement which has brought questions about the legality of social investing to the fore. Part II comments upon existing statutory and common law limitations on the discretion of trustee-investors to adopt policies of social investing. Part III analyzes the empirical research on the extent to which preclusion of a set of investment opportunities may impair the performance of a typical trustee-investor's portfolio, both with respect to rate of return and risk. Part IV explores the implications of the empirical evidence analyzed in Part III for …

The Hybridization Of The Content-Neutral Standards For The Free Speech Clause, David Day

Faculty Publications

No abstract provided.

On Knowing One's Place: Constitutional Roles And The Separation Of Powers, George J. Alexander

Faculty Publications

No abstract provided.

Clinical Legal Education: Reflections On The Past Fifteen Years And Aspirations For The Future, Kandis Scott

Faculty Publications

No abstract provided.

The Law Of Computer Technology, Howard C. Anawalt

Faculty Publications

No abstract provided.

When Are Merger Clauses Unconscionable?, Kerry L. Macintosh

Faculty Publications

Imagine the following scenario: buyer, a typical consumer wishing to obtain goods or services, visits seller. Anxious to close the deal, seller impresses buyer with oral representations and promises concerning the goods or services. Buyer, enticed into making the purchase, signs a preprinted form contract, failing either to notice or understand this deceptively harmless looking provision: "This writing is the final and entire agreement of the parties and there are no other representations, promises, warranties or agreements of any kind." Buyer later discovers that the goods or services do not live up to seller's representations and promises. Angry, buyer sues …

Musings On Modern Products Liability Law: A Foreward, David Owen

Faculty Publications

No abstract provided.

Detrebling Antitrust Damages: An Idea Whose Time Has Come?, Edward D. Cavanagh

Faculty Publications

(Excerpt)

Since the passage of the Sherman Act in 1890, successful plaintiffs in private antitrust actions have been entitled to recover three times the actual damages awarded. Originally embodied in section 7 of the Sherman Act, the mandatory treble damages provision was later incorporated into section 4 of the Clayton Act and made applicable to all actions in which private plaintiffs sought recovery under the federal antitrust laws. In the century since the Sherman Act became law, the antitrust debate has concentrated largely on issues of substantive liability. While the desirability of the mandatory treble damages remedy has been challenged …

Contribution, Claim Reduction, And Individual Treble Damage Responsibility: Which Path To Reform Of Antitrust Remedies?, Edward D. Cavanagh

Faculty Publications

(Excerpt)

Antitrust violations traditionally have been viewed as statutory torts, yet tort principles of damage allocation, including contribution and claim reduction, have not been extended by analogy in the federal courts to antitrust cases. Moreover, the principle of joint and several liability, made applicable to antitrust conspirators by judicial fiat some eighty years ago, has gone largely unchallenged. While the federal antitrust laws are nearly a century old, the damage allocation debate is of recent vintage, emerging in the wake of the Electrical Equipment Cases, when the private treble damage remedy came into its own.

The recent emergence of …

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer

Faculty Publications

No abstract provided.

The Partisan Battle Over The Constitution: Meese's Jurisprudence Of Original Intention And Brennan's Theory Of Contemporary Ratification, Jonathan Van Patten

Faculty Publications

No abstract provided.

Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten

Faculty Publications

No abstract provided.

“Syndrome” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Simplifying Subpoena Law: Taking The Fifth Amendment Seriously, Robert P. Mosteller

Faculty Publications

No abstract provided.

Ripeness And The Constitution, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Payments On Long-Term Debt As Voidable Preferences: The Impact Of The 1984 Bankruptcy Amendments, Lissa Lamkin Broome

Faculty Publications

No abstract provided.

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

Faculty Publications

No abstract provided.

1787: The Constitution In Perspective (Introduction), Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Commentary On Law: Wallowing In Intention, Gene R. Nichol

Faculty Publications

No abstract provided.

Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao

Faculty Publications

No abstract provided.

Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel

Faculty Publications

No abstract provided.

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Publications

Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.

Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins

Faculty Publications

No abstract provided.

Generic Fraud And The Uniform Fraudulent Transfer Act, Peter A. Alces

Faculty Publications

No abstract provided.

Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein

Faculty Publications

No abstract provided.

Contingent Income Items And Cost Basis Corporate Acquisitions: Correlative Adjustments And Clearer Reflection Of Income, John W. Lee, Mark S. Bader

Faculty Publications

No abstract provided.