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 31 - 49 of 49
Full-Text Articles in Law
Determining When To Start The Clock: The Capable Ascertainment Standard And Repressed Memory Sexual Abuse Cases, John Daly Cooney
Determining When To Start The Clock: The Capable Ascertainment Standard And Repressed Memory Sexual Abuse Cases, John Daly Cooney
Missouri Law Review
In Missouri, for purposes of determining when the statute of limitations begins to run, a cause of action shall not be deemed to accrue when the alleged wrong or breach of duty occurs, but rather when the "damage resulting therefrom is sustained and is capable of ascertainment." While this test has governed Missouri tort cases since 1919, when it was explicitly written into Missouri statutory law, courts have struggled in determining when damages are "capable of ascertainment" in order to satisfy the test. In Powel v. Chaminade College Preparatory, Inc., the Supreme Court of Missouri attempted to establish a generally …
Hanging On To Till: Interpretations Of Bapcpa's Hanging Paragraph, Kaitlin A. Bridges
Hanging On To Till: Interpretations Of Bapcpa's Hanging Paragraph, Kaitlin A. Bridges
Missouri Law Review
Bankruptcy law has significantly changed in the last two years due to the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"). An already complex and challenging area of law, bankruptcy has become even more so, as debtors and creditors begin to question how their rights have changed. For courts, one of the most perplexing issues is whether the standards and interpretations that were established in preBAPCPA bankruptcy cases are still applicable today. As courts have examined the potential effects of the new legislation, different opinions have emerged, leaving even more uncertainty for interested parties. One of the …
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Law Review
This law summary will look at Missouri's short-lived Photo ID requirement which was struck down by the Missouri Supreme Court in Weinschenk v. Missouri, as well as two similar measures that were the subject of litigation in federal courts in Georgia and Indiana. Each of these cases employs a test that represents a balance between a Democratic focus on access and a Republican focus on integrity.
Viewpoint Discrimination In Law School Clinics: Teaching Students When And How To Just Say No, Jason A. Kempf
Viewpoint Discrimination In Law School Clinics: Teaching Students When And How To Just Say No, Jason A. Kempf
Missouri Law Review
In 1996, the American Bar Association ("ABA") amended its law school accreditation standards and required that all ABA-approved law schools offer "live-client or other real-life practice experience. '' In doing so, the ABA confirmed the increasingly important role of law school clinics in legal education. This unique teaching environment moves students and professors out of the classroom and into real-world courtrooms. As these "student-lawyers" work on behalf of live clients, they "experience the legal ethics issues lawyers face every day, such as client confidentiality, conflict of interest, and competency issues." Not surprisingly, with these ethical issues come difficult decisions for …
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Missouri Law Review
This Note examines United States v. Va Lerie, a recent Eighth Circuit case involving law enforcement interference with property entrusted to Greyhound, a third-party common carrier. In Va Lerie, the Eighth Circuit established a new test for determining when property entrusted to third-party common carriers is seized within the meaning of the Fourth Amendment. This Note argues that the Eighth Circuit's new test fails to comport with the holding of Jacobsen. As such, the Eighth Circuit should have adhered to a line of precedent that distinguishes between the touching of property by law enforcement officials and a more detailed inquiry …
Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar
Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar
Missouri Law Review
Missouri's Constitution of 1821 provided for the appointment of all superior court judges by the governor, in the manner which prevailed in most of the states then members of the union. With the advent of Jacksonian democracy, a feeling developed that all persons holding important public positions should be elected by the voters, and most of the states opted for the popular election of trial and appellate judges. In 1848, Missouri amended its constitution to provide for popular election of all judges, including judges of the Supreme Court, on partisan tickets at the regular biennial elections. Missouri continued to elect …
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Missouri Law Review
The Second Amendment, alternately maligned over the years as the black sheep of the constitutional family and praised as a palladium of the liberties of a republic, should be recognized by the United States Supreme Court to apply to the several States through the Fourteenth Amendment privileges or immunities clause or, alternatively, through the due process clause. This article suggests that the issue of Second Amendment incorporation presents a useful contemporary mechanism for the Court to revive the longdormant Fourteenth Amendment privileges or immunities clause. Such judicial recognition of the clause is necessary to respect the Framers' vision, as inspired …
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Missouri Law Review
This Article argues that because prosecutors have discretion to seek the death penalty and too many cases, they lack the incentive to police themselves and choose carefully. Put simply, because there are too few legal constraints - and virtually no political constraints - on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no …
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Missouri Law Review
This article explores how the nature of cyberstalking represents a form of behavior distinct from "offline stalking." As such, the interpretation of many of the statutes dealing with offline stalking may be inadequate to address the problem. The first part of this article explores the differences between offline stalking and cyberstalking. The second part examines what the criminal elements of cyberstalking should be in light of these differences. The third part considers how these differences create gaps in both state and federal stalking statutes so that it may be difficult to adequately prosecute all aspects of cyberstalking. This section also …
Charles B. Blackmar: Professor, Judge, Chief Justice And Charlie, Michael A. Wolff
Charles B. Blackmar: Professor, Judge, Chief Justice And Charlie, Michael A. Wolff
Missouri Law Review
This eulogy was delivered by Michael A. Wolff, Chief Justice of the Supreme Court of Missouri, at the funeral service for Judge Charles Blackmar, who died January 20, 2007, at the age of 84.
Supreme Court Cordially Invited You To Sue In Federal Court: Hope You Don't Mind Waiting, The, Evan F. Fitts
Supreme Court Cordially Invited You To Sue In Federal Court: Hope You Don't Mind Waiting, The, Evan F. Fitts
Missouri Law Review
Congestion in the federal judiciary is so prevalent that it has become an afterthought. From the outset of their introductory Federal Civil Procedure course, most law students learn that any attorney who brings an action in a federal court better be prepared to wait. A recent report by the Federal Judicial Center indicated that the average time between filing and adjudication of issues in federal district courts was approximately two years. It can reasonably be asserted that this length of time is directly proportional to the amount of cases on the federal docket. Therefore, any step to reduce the caseload …
Safer Destination For Trespassers, A, Ross Mcferron
Safer Destination For Trespassers, A, Ross Mcferron
Missouri Law Review
Traditionally, Missouri courts have maintained the general rule that a possessor of land owes no duty of care to trespassers. However, Missouri courts have adopted some well-defined exceptions to the general rule, particularly in situations where trespassers are easily foreseeable. But, prior to the Humphrey v. Glenn decision in 2005, possessors of land had never owed a duty to adult trespassers regarding a condition on the land. In Humphrey, the Missouri Supreme Court addressed the issue of whether possessors of land had a duty to warn "constant" trespassers of dangerous artificial conditions on the possessors' property. The court determined that …
Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Missouri Law Review
Using broad strokes to paint the rights and protections granted therein, the free exercise and the establishment clauses stand as dual monuments to the great-American experiment in separating the State and the sacred. Their sparse language is contrasted by comparatively specific manifestations of similar interests in the state constitutions. Echoing their federal counterpart, the state constitutions commonly command that the state may not fund religiously affiliated educational institutions. No fewer than thirty-eight states, including Missouri, adopted a so-called "Blaine Amendment," which prevent states from supporting sectarian or religious schools. Employing more detail than its federal counterpart, Missouri's constitution made explicit …
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Missouri Law Review
Although sovereign immunity jurisprudence is not the most highly publicized topic of debate in the mainstream media, it has recently become a major source of contention on the Supreme Court. The flurry of sovereign immunity litigation that has reached the high court in the last decade has yielded mostly 5-4 decisions that have expanded the state's ability to assert immunity as a defense. Given this trend, few could have predicted the outcome of the court's decision in Central Virginia Community College v. Katz. In Katz, the 5-4 decision broke the other direction, and the court held that states had waived …
Multiple Convictions For Single Acts Of Possession - The Eighth Circuit Finally Gets It Right, Brad Thoenen
Multiple Convictions For Single Acts Of Possession - The Eighth Circuit Finally Gets It Right, Brad Thoenen
Missouri Law Review
Until the recent decision in United States v. Richardson, the Eighth Circuit was the only circuit in the United States to permit multiple convictions for single acts of possessing a firearm or ammunition. This Note will explore the rationale and the ramifications of this decision and illustrate that, while it took the Eighth Circuit longer than it should have, this shift represents a step toward the realization of a more just and satisfactory criminal justice system, where convictions are based not on conjecture and speculation, but on practical interpretations of legislative intent.