Law Commons^™

The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik

Faculty Works

No abstract provided.

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

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No abstract provided.

The Future Of Comparable Worth Theory, Nancy Levit, Joan Mahoney

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Despite statutes intended to remedy wage disparities between men and women, the average woman working full-time earns only sixty percent as much as her male counterpart. While a portion of the earnings differential is attributable to "pure" or intentional discrimination, approximately eighty-two percent of the difference is due to occupational segregation. As commonly understood, occupational segregation refers to the situation in which women work at jobs that historically have been held by women and that are less remunerative than jobs usually held by men.

Only recently has the distinction between intentional discrimination and discrimination resulting from occupational segregation commanded much …

Rethinking Self-Incrimination In Great Britain, Mark Berger

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No abstract provided.

When Names Are Not News, They're Negligence: Media Liability For Personal Injuries Resulting From The Publication Of Accurate Information, Douglas O. Linder

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No abstract provided.

Why Copyright Law Should Not Protect Advertising, Douglas O. Linder, James W. Howard

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No abstract provided.

Beyond Shooting Snail Darters In Pork Barrels: Endangered Species And Land Use In America, George Cameron Coggins, Irma S. Russell

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No abstract provided.

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

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No abstract provided.

Criminal Law: Homicide, Ellen Y. Suni

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Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code ap­proach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Mis­souri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important develop­ments in the …

The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell

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A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

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A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

Franchise Regulation: Comprehensive State Regulation Now Unnecessary, Robert C. Downs

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Since 1970, there has been an epidemic of state regulatory activity con­cerning the sale of franchises and business opportunities. In addition to those states which actually have adopted franchise regulation statutes, several state legislatures currently are considering pending legislation. Undoubtedly, other states, including Missouri, soon will have the opportunity to protect their un­suspecting citizens from the risks believed to be inherent in the franchising industry.

Nor has the franchising business gone unnoticed by the federal govern­ment. On December 21, 1978, the Federal Trade Commission (FTC) published its rule 436, entitled "Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures." …

The New Debt-Equity Regulations Under The Internal Revenue Code, Christopher R. Hoyt

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One of the most litigated tax issues is whether an interest in a corporation is stock or debt. Although stock and debt have many similar characteristics, the tax consequences can vary drastically depending on which interest exists. Recognizing the need to end this uncertainty, Con­gress enacted section 385 of the Internal Revenue Code as part of the Tax Reform Act of 1969. That section authorized the Treasury Department to issue regulations distinguishing debt from equity for all tax purposes and listed five factors that may be considered. On December 29, 1980, the department filed final regulations scheduled to become effective …

Introduction: The Value-Added Tax - A Symposium, Edwin T. Hood

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On October 22, 1979, Representative Al Ullman, Chairman of the House Ways and Means Committee, introduced H.R. 5665, the Tax Restructuring Act of 1979. Representative Ullman proclaimed the bill, which contains a ten percent value-added tax, as the "largest adjustment in U.S. taxation since 1913." In his statement accompanying the introduction of H.R. 5665, Chairman Ullman states that the overall purpose for the imposition of a value-added tax coupled with reductions in social security and income taxes, is to correct major flaws in the United States economy-namely double digit inflation, declining productivity, inadequate capital formation, and lag­ging competition with foreign …

Ecology, Growth And Law, John W. Ragsdale Jr

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No abstract provided.

Recent Developments In Missouri: Civil Practice And Procedure, Jeffrey B. Berman

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Although many recent decisions have altered Missouri Civil Practice and Procedure in various ways, the courts and the Missouri Bar Advisory Committee have made significant changes in several important areas. By interpreting statutes and promulgating ethical opinions, these institutions have crystallized Missouri law concerning attorneys' fees and liens-an area of interest to all attorneys. This article also surveys the recent evolution in Missouri law concerning jurisdiction, access to the courts, collateral estoppel, the effect of releases, and procedural devices such as impleader and joinder.

Recent Developments In Missouri Tort Law, William B. Anderson, Sean O'Brien

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No abstract provided.

Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger

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Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …

Redlining Revisited: Neighborhood Development Bank As Proposed Solution, Edwin T. Hood, Cynthia M. Weed

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Urban decline and its impact upon American society have been national concerns for nearly three decades. Although the causes of urban decline are numerous and diverse, a key factor is the in­ adequacy of the financial resources available to resolve the massive problems associated with urban decay. In the residential mortgage market, funds for home mortgage loans and home repair loans in declining neighborhoods are conspicuously absent. As a result, ur­ban decline accelerates, and any realistic hopes for the revitalization of urban neighborhoods are eliminated.

During the 1970s, national attention has focused on redlining - ­the term used to describe …

Special Elections: The Use Of Sections 6166, 6166a And 303 Of The Internal Revenue Code, Edwin T. Hood, Linda L. Chalstrom, Peter W. Brown

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No abstract provided.

Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder

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No abstract provided.

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

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No abstract provided.

Prisoner's Rights - Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

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This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.

The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger

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No abstract provided.

Tax Consequences For Corporate Divisions Of The Family Farm Corporation, Edwin T. Hood, John D. Shores, Charles S. Triplett

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No abstract provided.

Public Opinion And U.S. China Policy, Michael Y. M. Kau, Pierre M. Perrolle, Susan H. Marsh, Jeffrey B. Berman

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In 1978, the Carter Administration, in its efforts to normalize diplomatic relations with the People’s Republic of China, was faced with a dilemma. The PRC demanded that the U.S. agree to three terms for normalization: 1) break diplomatic ties with the Republic of China (Taiwan); 2) abrogate the 1954 security treaty with Taiwan; and 3) withdraw military forces from the island. Although public opinion and expert opinion both favored normalization with the PRC, but also both favored – by larger margins – the continued support of Taiwan. This article looks at the status of public opinion at the time, and …

The Higher Consciousness Of Plans And Planners: Lessons From Israel And Nepa, Rachel Alterman, John W. Ragsdale Jr

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In the United States and in much of the Western world, private economic initiative and private property are accorded sufficient pro­tection-either constitutionally or statutorily-to hamper the effi­cacy of public planning and implementation. Political fragmenta­tion in metropolitan areas, extensive private land holdings, and constitutional entitlement to a reasonable economic return from regulated land insures that, in the United States, both land use plans and the regulations implementing them will be incompletely realized.

Beleaguered Western planners, then, weary from ongoing battles with neighboring, egocentric communities and legions of specula­ tors, developers and profiteers, might be expected to look with envy at the …

Ecology And The Role Of The Federal Courts, John W. Ragsdale Jr

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No abstract provided.

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

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No abstract provided.

Close Corporations In Estate Planning After The Tax Reform Act Of 1976, Edwin T. Hood

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No abstract provided.