Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Missouri (78)
- Constitution (29)
- Bankruptcy (28)
- First amendment (28)
- Education (23)
-
- Title Page (21)
- Property (19)
- Employment (18)
- Supreme court (18)
- Discrimination (17)
- Intellectual property (17)
- Judicial selection (17)
- Table of Contents - Issue 3 (17)
- Media (16)
- Patent law (14)
- Table of Contents - Issue 2 (14)
- Table of Contents - Issue 4 (14)
- Blackmun (13)
- Children (13)
- Employer (13)
- Evidence (13)
- Recent Cases (13)
- Employee (12)
- Family law (12)
- International (12)
- Negligence (12)
- Patent (12)
- Damages (11)
- Federal (11)
- Fourth amendment (11)
- Publication Year
- File Type
Articles 1 - 30 of 3741
Full-Text Articles in Law
Is The Vice Presidency In Decline?, Roy E. Brownell Ii
Is The Vice Presidency In Decline?, Roy E. Brownell Ii
Missouri Law Review
During the first four years of Dick Cheney’s vice presidency (2001–2005), the second office reached dizzying heights. His next term and the ensuing vice presidency of Joe Biden (2009–2017) witnessed a reduction in the office’s executive-branch prestige, influence, and accomplishments and a return to earlier modern norms. Afterwards, the vice presidencies of Mike Pence and Kamala Harris saw an additional decline, and the first fifteen months of JD Vance’s tenure do not seem to have reversed this trend. Is the office suffering from long-term decline, or is it merely experiencing an extended bump in the road?
The Future Of Intercollegiate Athletics: Is It Legally Attainable And Financially Sustainable, Brian Krumm
The Future Of Intercollegiate Athletics: Is It Legally Attainable And Financially Sustainable, Brian Krumm
Missouri Law Review
The House v. NCAA settlement marks a historic shift in college athletics, fundamentally altering the financial relationship between student-athletes and universities. Approved in June 2025, the $2.8 billion settlement resolves antitrust claims against the NCAA, allowing schools to directly compensate athletes through revenue-sharing agreements. This decision follows years of legal battles over student-athlete compensation, particularly regarding restrictions on name, image, and likeness (“NIL”) earnings. The settlement introduces new financial models, enabling Division I programs to allocate up to 22% of athletic revenue, roughly $20.5 million annually, for athlete compensation. While this benefits high-revenue sports like football and basketball, it also …
Jurisdiction Fiction: Is International Shoe Due For A Pennoyer Moment? Part I, Peter B. Rutledge, E. Reed Lemasters, Caleb Z. Morris
Jurisdiction Fiction: Is International Shoe Due For A Pennoyer Moment? Part I, Peter B. Rutledge, E. Reed Lemasters, Caleb Z. Morris
Missouri Law Review
Personal jurisdiction doctrine is a mess. In an attempt to clarify personal jurisdiction doctrine, the Supreme Court has routinely obscured its underlying rationale. That rationale predates the Court’s landmark decision in Pennoyer v. Neff and continues to loom in the background of the most recent post-International Shoe cases. Instead of laying bare that rationale, the doctrine has devolved into a string of proxies built upon proxies—all laboring mightily to avoid stating the obvious: State authority lies at the heart of all personal jurisdiction inquiries. From “physical presence” to “minimum contacts” to “targeting” to “effects” to “relatedness,” all fictions strive to …
Look What You Made Me Do: Common-Sense Inferences About Independent Decision-Makers In Standing Law, Eli Bartz
Look What You Made Me Do: Common-Sense Inferences About Independent Decision-Makers In Standing Law, Eli Bartz
Missouri Law Review
On a rainy evening in 2009, John Coomer was sitting behind the visitor’s dugout at Kauffman Stadium. Between innings, Coomer looked at the scoreboard, and the Kansas City Royals’ mascot Sluggerrr threw a hot dog into the stands, hitting Coomer in the eye and detaching his retina. Coomer sued the Royals for negligence, but the jury found in the Royals’ favor. The Missouri Supreme Court overturned the jury verdict, holding that, while spectators assume the risks of balls and bats flying into the stands, they do not assume the risk of flying hot dogs. The ruling sparked controversy, with one …
Neither Here Nor There: The Small Business Creditor’S Discharge Nightmare Under Subchapter V, Kathleen Zimmerman
Neither Here Nor There: The Small Business Creditor’S Discharge Nightmare Under Subchapter V, Kathleen Zimmerman
Missouri Law Review
A courtroom victory feels sweet, with damages finally awarded after long, exhausting litigation—until small business bankruptcy bounces the check. In 2015, a father and son duo began their small business in rural Wisconsin. They had started their company by selling drinking glasses made fully in the USA, crafted by hand in the family workshop. Years later, a competing company began selling imitations imported from China and falsely marketed as American-made. The knockoff products undercut the duo’s market, placing the family business in distress. The father-son team sued and were able to secure a verdict in their favor for willful and …
The Varying Strength Of Parental Rights, Mark Strasser
The Varying Strength Of Parental Rights, Mark Strasser
Missouri Law Review
The United States Supreme Court has recognized that parental rights implicate fundamental interests and that statutes adversely affecting those rights require close examination. However, the Court has been inconsistent in both its analysis and results when deciding which statutes burdening parental rights nonetheless pass constitutional muster. The Court’s ambivalence and lack of clarity have made parental rights jurisprudence confused and confusing, as illustrated by the dissensus among the state supreme courts regarding which visitation statutes are constitutional. Yet, this jurisprudential quagmire cannot be blamed on one particular decision, as if a single clarification or modification could resolve the problem. Rather, …
Deliberate Indifference Reimagined: Towards An Objective Standard For Eighth Amendment Prison Condition Violations, Lane Hines Woodke
Deliberate Indifference Reimagined: Towards An Objective Standard For Eighth Amendment Prison Condition Violations, Lane Hines Woodke
Missouri Law Review
This Article critiques the existing standard for establishing deliberate indifference under the Eighth Amendment, which primarily relies on the subjective intent of correctional officials. It argues for a shift towards an objective standard that assesses the reasonableness of state responses to known risks, particularly in light of persistent unconstitutional conditions within correctional facilities, such as inadequate living conditions and unchecked violence. The Article contends that the current subjective approach creates an insurmountable evidentiary burden for incarcerated individuals and fails to ensure meaningful compliance with constitutional protections. By advocating for an objective framework akin to standards used in Fourth and Fourteenth …
The Politics Of Preservation: Federal Implications Of The Smithsonian Executive Order, Autumn H. Duncan
The Politics Of Preservation: Federal Implications Of The Smithsonian Executive Order, Autumn H. Duncan
Missouri Law Review
When society thinks of the phrase “revisionist history,” George Orwell’s harrowing words likely come to mind. The term itself is used in the political realm as “an accusation of deliberately distorting irrefutable historical ‘facts’ to serve a particular political agenda or viewpoint.” Although the topic of revisionism is a hot-button issue among historians and non-historians alike, Americans are divided over how to approach history. About 47% of the population believes that history should question the nation’s past, while 53% contend that history should celebrate it. This divide becomes even more evident when broken down by party lines: 84% of Republicans …
Product Liability In The Digital Age: A Flexible Framework For Categorizing Technology After Ameer V. Lyft, Andrew Jensen
Product Liability In The Digital Age: A Flexible Framework For Categorizing Technology After Ameer V. Lyft, Andrew Jensen
Missouri Law Review
A single line of code can now cause a car crash, deny a loan, or—as in the case of Ameer v. Lyft—contribute to a man’s death. Traditional product liability law, born in the era of smokestacks and assembly lines, still assumes that only tangible things can be defective products. When software replaces machinery and algorithms make life-or-death decisions, courts face a question: can code itself be a defective product? The answer matters enormously. If courts decline to treat mass-marketed applications as “products,” victims of dangerous software may be left without recourse. On the other hand, if they expand liability too …
An Unnecessary Burden: Why It Is Time To Eliminate Mcdonnell Douglas From Ada Failure-To-Accommodate Claims, Jonathan G. Jain
An Unnecessary Burden: Why It Is Time To Eliminate Mcdonnell Douglas From Ada Failure-To-Accommodate Claims, Jonathan G. Jain
Missouri Law Review
Several strangers sit together in a room, staring at three black lines on a white card. Their task seems simple: choose the line that matches the length of a line printed on a second card. One by one, the strangers correctly choose the matching line, and the task repeats with new white cards and new black lines. The correct answer is always obvious, but after a few rounds, one man suddenly finds himself alone in giving the correct response. What he does not know is that the others have been instructed to begin choosing incorrect lines. Eventually, despite what his …
Purpose Over Perception: Distinguishing Status From Viewpoint In A University’S Limited Public Forum, Haleigh J. Bachman
Purpose Over Perception: Distinguishing Status From Viewpoint In A University’S Limited Public Forum, Haleigh J. Bachman
Missouri Law Review
In nearly every university, cultural centers and student organizations quietly provide tangible, essential support: one student finds a community to celebrate his shared heritage; another student finds guidance after struggling to obtain her necessary accommodations in class; an international student rehearses for a cultural showcase that will be the highlight of his semester. These spaces provide community, safety, and a sense of belonging that classrooms and lecture halls often do not. Nevertheless, public universities often face challenges in allocating physical space and funding resources to student organizations— particularly to those supporting cultural and affinity groups. On one hand, universities can …
Platform Privileges: A Framework For How Antitrust Law Should Police Digital Platforms’ Use Of Material Non-Public Information, Eric H. Siemens
Platform Privileges: A Framework For How Antitrust Law Should Police Digital Platforms’ Use Of Material Non-Public Information, Eric H. Siemens
Missouri Law Review
Where the Gilded Age Rockefeller oil monopoly once spurred antitrust reforms in the United States, the tech giants of Silicon Valley have ignited a similar frenzy for reform in legislators and populist scholars today. The unprecedented and rapid growth of digital platforms such as Google, Apple, Facebook, and Amazon has forced policymakers to confront the question of whether traditional antitrust law is sufficient to deal with the new-age giants. This has spurred calls on both sides of the political aisle for increased antitrust enforcement, leading Missouri Senator Josh Hawley to go as far as to argue that “[t]he Big Tech …
House Of Cards: An Examination Of Missouri’S Inconsistent Tax Assessment Regime And The Questionable Role Of The Court As Arbiter, Isabel Fenoglio
House Of Cards: An Examination Of Missouri’S Inconsistent Tax Assessment Regime And The Questionable Role Of The Court As Arbiter, Isabel Fenoglio
Missouri Law Review
“Taxes are what we pay for civilized society.” No one has offered a simpler rationale for the American tax system than the former Supreme Court Justice Oliver Wendell Holmes, Jr. Despite their inevitability, taxes remain universally dreaded and misunderstood by Americans, but none more so than property taxes. Without property taxes, life as everyday Americans understand it would cease to exist. From streets to schools, from libraries to fire departments, the budgets of indispensable public services, which enable communities to flourish, would collapse.
Money Over Everything: Reimagining Health Care Enforcement, Jacob T. Elberg
Money Over Everything: Reimagining Health Care Enforcement, Jacob T. Elberg
Missouri Law Review
Annual press releases from the Department of Justice trumpet billions of dollars in annual recoveries and optimism that its health care enforcement regime deters even more fraud than it addresses. Yet DOJ’s consistent recoveries can be seen as a sign that fraud continues unabated. While some scholars have questioned the deterrent value of the government’s model of enforcement through civil settlements, little attention has been given to what may be the most important aspect of DOJ’s effort—its focus on money both as the sole measure of harm and the sole means of deterrence.
Pickering And Choosing: The Positive Outcome Of An Eighth Circuit Ruling Among The Chaotic World Of Government Employee Free Speech, Luke M. Severt
Pickering And Choosing: The Positive Outcome Of An Eighth Circuit Ruling Among The Chaotic World Of Government Employee Free Speech, Luke M. Severt
Missouri Law Review
Public employees do not shed their constitutional rights to freedom of speech or expression at the workplace gate. Nor do they shed them when they log on to their computer to send an email to their co-workers, superiors, or similar fellow government employees. In Mayfield v. Missouri House of Representatives, the Eighth Circuit undertook a multistep analysis to determine whether the defendant, as a public employer, violated the constitutional rights of its longtime employee, Tad Mayfield, when it terminated him only three days after he sent an email to state legislature leaders asking them to implement a mask mandate to …
Rule 11’S Unfulfilled Promise To Protect Noncitizen Defendants, Allison Mccarthy
Rule 11’S Unfulfilled Promise To Protect Noncitizen Defendants, Allison Mccarthy
Missouri Law Review
The federal criminal legal system is a deportation pipeline. Almost all noncitizen defendants waive their constitutional right to a trial and instead enter guilty pleas that have grave immigration consequences. Despite the constitutional guarantee of due process for all criminal defendants regardless of immigration status, many noncitizen defendants enter guilty pleas that are not both knowing and voluntary. Federal Rule of Criminal Procedure 11(b)(1)(O) requires that courts, prior to accepting a guilty plea, provide a general warning that immigration consequences may result from a criminal conviction. Adopted in the wake of the United States Supreme Court’s decision in Padilla v. …
Back To Basics: Statutory Interpretation And The Demise Of The Dol’S Tip Credit Rule After Loper Bright, William T. Perryman
Back To Basics: Statutory Interpretation And The Demise Of The Dol’S Tip Credit Rule After Loper Bright, William T. Perryman
Missouri Law Review
The Fifth Circuit recently delivered a significant blow to the Department of Labor’s (“DOL”) regulatory authority in Restaurant Law Center v. U.S. Department of Labor, which vacated a rule delineating the permissible scope of non-tip-producing work for employees under the Fair Labor Standards Act (FLSA) for employers claiming a “tip credit.” The challenged regulation—often referred to as the “80/20 rule” with a “30-minute rule” addendum—sought to limit the amount of non-tip-producing work a tipped employee could perform if the employer claimed a tip credit. What renders this decision particularly notable is the Fifth Circuit’s relatively swift invalidation of a long-standing …
Breaking Up The Dog Fight: Restoring Order To Supplemental Jurisdiction After Wullschleger, Lucas Reed
Breaking Up The Dog Fight: Restoring Order To Supplemental Jurisdiction After Wullschleger, Lucas Reed
Missouri Law Review
In 2024, the United States had a “jurisdictional dog fight” on its hands; one between a defendant’s right to access federal courts through removal and a plaintiff’s status as “master of the complaint.” At stake was not mere technical procedure but the very balance between state and federal authority. When defendants began removing cases with embedded federal questions to federal court only to have plaintiffs amend their complaints to eliminate federal “hooks,” the resulting legal battle would test the boundaries of precedent and the logic governing forum selection. Royal Canin U.S.A., Inc. v. Wullschleger provided such a test.
Google Geofences: Navigating The Fourth Amendment In The Digital Age, Maverick L. L. Lewis
Google Geofences: Navigating The Fourth Amendment In The Digital Age, Maverick L. L. Lewis
Missouri Law Review
In December 2018, twenty-three-year-old Jorge Molina was wrongfully arrested for murder based on location data received from a Google geofence—a virtual perimeter around a specific geographic location, created using Google’s location services. Despite law enforcement confirming his alibi within twenty-four hours, Molina spent six days in jail before he was released. As a result, Molina lost his job and car, suffered reputational damage, and was forced to drop out of college. Molina’s stepfather was later arrested and charged for the murder after law enforcement learned he had been using Molina’s old phone, which was still logged into his email. In …
Eugenics And The Carceral State: Progressive-Era Reform & The Creation Of The Modern Criminal Justice System, Laura I. Appleman
Eugenics And The Carceral State: Progressive-Era Reform & The Creation Of The Modern Criminal Justice System, Laura I. Appleman
Missouri Law Review
No abstract provided.
Debating The Self-Pardon: A Dialogue Of The Evidence For And Against The Constitutionality Of A Presidential Self-Pardon, Michael Conklin, Peter B. Bayer
Debating The Self-Pardon: A Dialogue Of The Evidence For And Against The Constitutionality Of A Presidential Self-Pardon, Michael Conklin, Peter B. Bayer
Missouri Law Review
In light of recent events, the constitutionality of presidential self-pardons is set to potentially become one of the most pressing constitutional questions of the twenty-first century. This Article consists of a dialogue between two scholars regarding the evidence for and against the constitutionality of presidential self-pardons. By providing their best arguments for and against each side, readers are left better equipped to reach their own educated conclusions. The benefits of discussing this issue before anyone attempts to self-pardon are considerable, as doing so could contribute to solutions, potentially averting, or at least helping to resolve peaceably, a true constitutional crisis. …
Religion Recovers Its History: The Court Puts The Establishment Clause On A New Path, Patrick M. Garry
Religion Recovers Its History: The Court Puts The Establishment Clause On A New Path, Patrick M. Garry
Missouri Law Review
For over a half-century, the First Amendment Establishment Clause jurisprudence was in disarray. Judicial decisions more often stemmed from social and cultural presumptions than from constitutional history. For years, if not decades, Supreme Court observers waited for a clarifying opinion on this troubled area of First Amendment law. In a 2022 decision upholding a football coach’s right to silently pray at mid-field after a game, the Court issued a momentous decision that not only overruled much of previous Establishment Clause jurisprudence but also suggested a new path forward. Given the Court’s desire to base future doctrines on the historical meaning …