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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 …
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 …