Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Property (3)
- Bankruptcy (2)
- Community (2)
- Family law (2)
- In memory (2)
-
- Missouri (2)
- Mortgage (2)
- Mortgages (2)
- Real estate (2)
- Sexual orientation (2)
- Speech (2)
- 1934 (1)
- 3m (1)
- Abuse (1)
- Adoption law (1)
- Advertising regulation (1)
- Advertisment (1)
- Agreements (1)
- Alcohol (1)
- Alternative channels of communication (1)
- Anti-establishment (1)
- Antiestablishment (1)
- Appropriation (1)
- Attempted (1)
- Attempted enticement of a minor (1)
- BAPCPA (1)
- Blaine (1)
- Blaine amendment (1)
- Boundaries (1)
- Bundle discounts (1)
Articles 1 - 30 of 49
Full-Text Articles in Law
Thank You, Dale, R. Wilson Freyermuth
Thank You, Dale, R. Wilson Freyermuth
Missouri Law Review
Often in symposium issues, it is customary for the organizer to prepare a foreword that introduces each author and presents a brief synopsis of each article. As is true for most symposia, the authors in this issue (and their articles) are worthy of such praise and attention. I hope you will read and enjoy each of the articles, but this foreword is not going to summarize or describe them. Instead, with the indulgence of the other authors, this foreword will focus on Dale Whitman - in whose honor these articles were prepared and presented at the University of Missouri-Columbia School …
Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson
Missouri Law Review
The foregoing leads to the major question posed by this paper - when should the logic of mortgage foreclosure law and its priority rules be trumped by an overriding concern for fairness and morality? This question is uniquely suited to a symposium dedicated to Dale Whitman's career as a teacher and scholar. This paper examines this question in two distinct contexts. In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption 7 who purchases the property at the foreclosure sale of a senior lien acquires a title free and …
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
Missouri Law Review
It is my great honor to deliver the Earl F. Nelson lecture for the year 2007. I have never met Mr. Nelson, but I have looked at the roster of distinguished people who have spoken in this lecture series, and I am pleased to have my name added to such an august list. I would also like to add my tribute to Dale Whitman, to whom this Conference has been dedicated. I regard him as a one-man version of Mr. Inside and Mr. Outside, a reference to - for those of you who remember - the old Army teams from …
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Missouri Law Review
This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform. Part II briefly describes the transformation of the modem mortgage transaction - from its traditional "local" character to the modem development of the "national" mortgage market - and the implications of this transformation for the way in which satisfaction of mortgages occurs. Part III discusses the current patchwork of state law mortgage satisfaction provisions, emphasizing how these provisions have not kept pace with the transformation of the mortgage market, how the lack of uniformity …
Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper
Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper
Missouri Law Review
This Summary will analyze the reasoning utilized in the various district court decisions since LePage's and will seek to illustrate how those courts have dealt with a lack of clear foundation as to how to handle bundling claims under the antitrust laws. Furthermore, this summary will attempt to determine specific reasons why the LePage's decision has failed to provide a proper approach to determining the legality of bundled discounts. Finally, the Summary will conclude that the Supreme Court should grant certiorari in order to provide both the district and circuit courts with guidance as to how they should balance between …
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Missouri Law Review
This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. During the summer of 2005, I interviewed dozens of Chinese and Western lawyers, bankers, real estate developers, government officials, judges, economists, real estate consultants, law professors, business professors, real estate agents, law students, and recent homebuyers. Their comments offer reliable insights into how China's real estate markets truly function. The discussion that follows draws on these conversations to examine China's budding mortgage law practices, including how they developed, how they comport with or differ from written laws, and what questions …
Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel
Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel
Missouri Law Review
This Article explores the power of trust to shape where we live and how we live. It aims to provide a new set of first principles to reshape the common interest community (CIC) paradigm, so that the promise of social trust, rather than control and punishment, can enhance the cultural and economic success of this Goliath of residential living.
Teaching Property - A Conceptual Approach, Dale A. Whitman
Teaching Property - A Conceptual Approach, Dale A. Whitman
Missouri Law Review
The property course has shrunk. This fact is well-documented, and is obvious to anyone who has taught the course over any appreciable length of time. For many decades, Property received six credits in most law schools - typically three in the Fall and three in the Winter semester of the first year. Now, few schools give the course more than four or five credits, and some have cut it to three. The change seems to have occurred mainly over the last two decades. While it is doubtful that many Property teachers would have chosen this reduction, it is now an …
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Missouri Law Review
This article is a first step in evaluating and discussing some of the hazards, legal risks and uncertainties inherent in mezzanine financings and the way in which the market fails to adequately take these factors into account. In Part II, I describe the legal background and structure of mezzanine loans. Part III focuses on the risks and realities of mezzanine loans. In particular, I describe some of the difficulties in perfecting a security interest in, and foreclosing upon, mezzanine loan collateral. In Part IV, I argue that the recent subprime mortgage crisis offers a cautionary tale for many of the …
Boundaries Of Exclusion, Geogrette Chapman Phillips
Boundaries Of Exclusion, Geogrette Chapman Phillips
Missouri Law Review
This article is a story about boundaries and exclusion and about how - or whether - there is a community based right to exclude nonresidents. The right of the individual to own property, to defend that property and to exclude others from entering that property are sticks in the bundle of rights enshrined in US property law. The limitations on that exclusion are determined by the creation of a legally defined property line that bounds these rights. That part of our story is relatively straightforward. However, we do not live our lives in isolation. We surround ourselves with a chosen …
Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll
Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll
Missouri Law Review
The Missouri single subject provision, which requires that each bill enacted by the Missouri Legislature contain a single subject, is one of the great equalizers in backroom politics. Simply put, it is a hurdle that prevents legislators from hijacking the legislative process by attaching an unrelated provision to a proposed bill. This is a practice that many of our Federal legislators find to be a daily occurrence, but one that our state politicians are prevented from doing under the single subject provision of the Missouri Constitution. However, even with the broad prohibition outlined in the single subject provision, for the …
From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher
From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher
Missouri Law Review
Many large, multi-state retailers and banks have been acting as their own landlord by paying rent to themselves. Sophisticated corporate tax strategists have employed a method of avoiding state taxes by using a real estate investment trust (REIT) to "own" its real estate. The retailer or bank then pays rent to the REIT, which then turns the money over to a holding company. The rent money ends up back in the hands of the corporate parent, without being subject to state income tax along the way. Although this tax loophole has been closed by the federal government, the strategy is …
Real Estate Practice In The Twenty-First Century, Ann M. Burkhart
Real Estate Practice In The Twenty-First Century, Ann M. Burkhart
Missouri Law Review
The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness. Real estate law, perhaps more than any other area, has changed very slowly since the beginning of the common law legal system. The mortgage, which will be the engine for this century's developments, is a particularly striking example of this slow rate of evolution.' …
Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester
Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester
Missouri Law Review
Part II of this Article discusses Fannie Mae and Freddie Mac, their creation and evolution, their current role in the secondary market, and the development and current use of the Fannie Mae/Freddie Mac standardized forms. Part III looks at these uniform mortgage instruments in detail, and compares them to other residential loan documents and to commercial mortgage loan documents. Part III also considers typical terms of other consumer transactions that are not so balanced and explores how the problems that consumers face in choosing consumer credit make loan documents with fair terms particularly beneficial to consumers. Part IV discusses current …
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
Missouri Law Review
In Lentz, the Missouri Supreme Court granted an unwed father leave to intervene in an adoption, despite the fact that he had failed to bring himself into the realm of constitutionally protected putative fathers. This note explains why the holding of the Lentz court subverted the intent of Missouri's adoption statutes and its putative father registry, and argues that an unwed biological father who has not filed a valid paternity action, registered with the putative father registry, or demonstrated a substantial commitment to the responsibilities of parenthood should not be entitled to the additional constitutional protections available to diligent putative …
Doctrines Of Waste In A Landscape Of Waste, John A. Lovett
Doctrines Of Waste In A Landscape Of Waste, John A. Lovett
Missouri Law Review
While I do not deny that classic waste cases - conflicts between life tenants and future interest holders over alleged instances of voluntary waste - are less common today than they used to be (but perhaps not as uncommon as some might think), my goals in this article are to reawaken readers to the importance of waste doctrine, to suggest that the great days of waste may not be completely in the past, to recommend some new uses for waste cases as teaching tools, and generally to urge a renewed appreciation for waste - an appreciation that Dale Whitman, for …
Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Missouri Law Review
Supreme Court Justice Potter Stewart observed that "[t]he art of being a judge, if there is such an art, is in announcing clear rules in the context of... infinitely varied cases, rules that can be understood and observed by conscientious government officials. This might be excellent advice for Missouri's judges to consider. After nearly fifteen years of struggling to formulate the proper standard for appellate review of a trial court's finding of probable cause, courts appear to be as unsettled on the issue as ever. In no context is this clearer than in cases involving charges of driving while intoxicated …
Title Vii And The Protection Of Minority Languages In The American Workplace: The Search For A Justification, James Leonard
Title Vii And The Protection Of Minority Languages In The American Workplace: The Search For A Justification, James Leonard
Missouri Law Review
My purpose in this Article is to examine possible justifications for the EEOC's language rules under Title VII. Part II provides necessary background information, describing the EEOC rule system as well as the threegeneration process of English acquisition in immigrant families. The remainder of the Article is devoted to potential normative explanations for the EEOC rules. Part III asks whether the Guidelines promote equality interests while Parts IV and V question whether they vindicate personal autonomy or multicultural interests, respectively. I conclude that none of these arguments offers a sufficient justification for interfering with managerial judgments.
Scheme Liability Under Section 10(B) Of The Securities Exchange Act Of 1934, Taavi Annus
Scheme Liability Under Section 10(B) Of The Securities Exchange Act Of 1934, Taavi Annus
Missouri Law Review
This law summary analyzes the recent cases where plaintiffs have tried to utilize the scheme liability theory. Even though courts have frequently analyzed claims based on this theory, they approach the issue rather unsystematically, reach inconsistent results, and do not employ a similar analytic structure. Part of this inconsistency is based on the fact that scheme liability is applied in cases involving very different fraudulent practices and against actors with very different functions. Due to this wide range of circumstances, the different approaches of courts may actually be justified. It is probably inappropriate to formulate a single test or rule …
Good Guidance, Good Grief, Stephen M. Johnnson
Good Guidance, Good Grief, Stephen M. Johnnson
Missouri Law Review
This article examines the problems created by the White House reforms and prior reforms proposed by congress, ACUS and academics, and outlines the advantages and disadvantages of the alternative APA amendments outlined above. Part II of the article explores the basic differences between legislative rules, interpretive rules and policy statements and the reasons for the trend away from legislative rules. Part III introduces the long-standing concerns regarding interpretive rules and policy statements. Part IV examines the proposals and initiatives of ACUS, academics, and the various branches of the Federal government to address those concerns; and Part V identifies the weaknesses …
Rationalizing Away Political Powerlessness: Equal Protection Analysis Of Laws Classifying Gays And Lesbians, Emily K. Baxter
Rationalizing Away Political Powerlessness: Equal Protection Analysis Of Laws Classifying Gays And Lesbians, Emily K. Baxter
Missouri Law Review
In November of 2000, Nebraska joined a growing number of states that have banned same sex marriage by passing a constitutional amendment prohibiting the recognition of same sex marriage, civil unions, and domestic partnerships. Unlike legislation and amendments in other states which either simply define marriage as a union between a man and a woman or refuse to recognize same sex marriage, the amendment to the Nebraska constitution is a broad prohibition on the recognition of any partnership rights for same sex couples. The United States Supreme Court has yet to establish whether or not gays and lesbians should be …
Capricious, Even Perverse Policy: Random, Suspicionless Drug Testing Policies In High Schools And The Fourth Amendment, A, Jennifer K. Turner
Capricious, Even Perverse Policy: Random, Suspicionless Drug Testing Policies In High Schools And The Fourth Amendment, A, Jennifer K. Turner
Missouri Law Review
Today's high school students must worry about more than simply writing their next paper or passing their next exam. They must also worry about passing another kind of test - a drug test. Students who fail this test may lose both their privilege to participate in extracurricular activities and their permit to park on campus. Teenage drug use is a national problem that many think is on the rise. A growing number of school districts across the country have responded to this apparent problem by implementing random, suspicionless drug testing (RSDT) programs. RSDT programs test particular groups of students, usually …
No Free Pass For Employees: Missouri Says Yes To Individual Liability Under The Missouri Human Rights Act, Richard D. Worth
No Free Pass For Employees: Missouri Says Yes To Individual Liability Under The Missouri Human Rights Act, Richard D. Worth
Missouri Law Review
For over a decade, Missouri federal courts have debated the interpretation of the term "employer" provided in the Missouri Human Rights Act ("MHRA"), offering two distinct interpretations. Some have held that the MHRA's definition of "employer" allows for individual liability for managers and supervisors along with the employing entity. However, recent Missouri federal opinions have reluctantly followed Eighth Circuit precedent in holding that the MHRA does not impose individual liability. Amid the conflicting federal judicial decisions, one thing has remained constant: every Missouri federal court has tried to predict how the Missouri Supreme Court would decide the issue. As a …
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Missouri Law Review
Part II of this article presents an overview of premarital agreement rules related to procedural and substantive fairness. Part III examines the relationship between the Restatement (First) of Conflict of Laws (hereinafter Restatement (First)) and the Restatement (Second) of Conflict of Laws (hereinafter Restatement (Second)), with a specific focus on the ability of parties to contractually predetermine controlling law in relationship to marital rights and obligations before they marry. Part IV analyzes the choice of law provision in the UPAA. Part V synthesizes the existing judicial treatment of choice of law provisions in premarital agreements in jurisdictions applying the Restatement …
Attempted Enticement Of A Minor: No Place For Pedophiles To Hide Under 18 U.S.C. 2422(B), Bridget M. Boggess
Attempted Enticement Of A Minor: No Place For Pedophiles To Hide Under 18 U.S.C. 2422(B), Bridget M. Boggess
Missouri Law Review
This law summary analyzes the relevant law concerning attempted enticement of a minor and the potential defenses to a claim of attempted enticement under § 2422(b). Additionally, this law summary examines the current trends surrounding the crime of attempted enticement of a minor, including the growing circuit court consensus that an actual minor is not necessary for a conviction under § 2422(b), the increased use of Internet sting operations to pursue pedophiles, and the popularity of investigative television shows such as To Catch a Predator. Although Internet sting operations seem to be a resourceful way to track pedophiles online and …
First Amendment And Non-Political Speech: Exploring A Constitutional Model That Focuses On The Existence Of Alternative Channels Of Communication, The, Patrick M. Garry
First Amendment And Non-Political Speech: Exploring A Constitutional Model That Focuses On The Existence Of Alternative Channels Of Communication, The, Patrick M. Garry
Missouri Law Review
This Article attempts to illustrate how media entertainment speech currently possesses a constitutional advantage over the traditional political speech of physical protest. Part I discusses current First Amendment doctrines relating to permissible types of speech regulation. Although these doctrines claim to be content-neutral, they effectively discriminate against the speech of on-site political protest. Part II examines how this discrimination comes into being. Since many of the constitutional doctrines relating to speech regulation are geared to the "place" where the speech occurs, these doctrines essentially let media entertainment off the hook, since the vast majority of that entertainment has no "place" …
Advertising Regulations On Sexually Oriented Business: How Far Is Too Far, Jennifer Stonecipher
Advertising Regulations On Sexually Oriented Business: How Far Is Too Far, Jennifer Stonecipher
Missouri Law Review
In recent decades, various courts have held that the First Amendment extends to commercial speech . Although the level of protection afforded to commercial speech differs from that given to non-commercial speech, these courts have held that the First Amendment protects commercial speech that is neither misleading nor concerns illegal activities. Under such a framework, in order to regulate commercial speech, the government must demonstrate that the regulation directly advances a substantial interest and is no more restrictive than necessary to serve that interest. In Passions Video, Inc. v. Nixon, a group of business owners challenged a Missouri statute that …
John Locke And The Meaning Of The Takings Clause, Jeffrety M. Gaba
John Locke And The Meaning Of The Takings Clause, Jeffrety M. Gaba
Missouri Law Review
The purpose of this article is to provide both a detailed analysis of Locke to aid the Takings debate and a particular reading of the Two Treatises that provides a coherent picture of the limits of government authority over private property. Part I is an introduction to John Locke and the Two Treatises of Government. Part II addresses Locke's justifications for acquisition of private property in a pre-govenment "State of Nature" and the constraints on property reflected in a series of Lockean "provisos." Robert Nozick in Anarchy, State and Utopia, has suggested that the "historical shadow" of Locke's provisos can …
Rescuing Burke, Carl T. Bogus
Rescuing Burke, Carl T. Bogus
Missouri Law Review
This Article has three objectives. The first is to demonstrate Burke's liberalism. The second is to argue that Burke might also be considered a conservative, but a certain kind of conservative only, namely, a traditional conservative. Edmund Burke's philosophy is at war with that of the dominant conservatives of today - libertarians, neoconservatives, and social conservatives 2 - even though these conservatives seek to associate their thinking with his. Thus, I seek to deny to these groups Burke's good name. At the same time, I wish to show that Burke offers common ground to some liberals and conservatives. These groups …
Appropriate Conduct: The Constitutionality Of The Missouri Legislature's Appropriations For The State Family Planning Program, Jessica L. Conlon
Appropriate Conduct: The Constitutionality Of The Missouri Legislature's Appropriations For The State Family Planning Program, Jessica L. Conlon
Missouri Law Review
Each year, approximately 7.4 million American women obtain contraceptive and reproductive health care from government-funded family planning programs. According to the Alan Guttmacher Institute, these programs, which primarily serve women who are "young, unmarried, less-educated or poor," help 1.3 million women avoid unintended pregnancies in an efficient use of taxpayer dollars. Despite the substantial benefits of family planning programs, they are not without their critics. Abortion opponents often challenge publicly-funded family planning programs because some organizations that provide family planning services also provide abortions. Their concern is that, by funding family planning services in those organizations that also provide abortions, …