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Articles 1 - 30 of 44
Full-Text Articles in Law
Troubling Ambition Of Federal Rule Of Evidence 502(D), The , Michael Correll
Troubling Ambition Of Federal Rule Of Evidence 502(D), The , Michael Correll
Missouri Law Review
Federal Rule of Evidence 502 promised to change American litigation for the better. It was heralded as a solution to the gross inequity and spiraling litigation costs associated with the painstaking, cumbersome, and largely wasteful document reviews necessary to protect the attorney-client privilege. And in some measure, it succeeded. It has brought uniformity, predictability, and equity to issues of inadvertent disclosure and subject matter waiver. But a largely overlooked provision of the rule promises even bigger, and more troubling changes. Federal Rule of Evidence 502(d) authorizes district courts to enter discovery orders protecting parties from the waiver consequences normally attached …
Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber
Fast-Track Sentencing: A Potential Solution To The Divisive Discretion, Elizabeth Weber
Missouri Law Review
This Summary examines the current federal sentencing regime, the establishment of fast-track programs, and the resulting circuit split regarding whether a judge can grant a defendant a more lenient sentence based on the lack of availability of a fast-track option in that jurisdiction. Further, it discusses more recent developments regarding the circuit split and how the new DOJ policy purports to resolve the issue. Finally, this Summary argues that while this change does solve the sentencing disparity problem, it conflicts with the congressional policy underlying the official sanction of fast-track programs.
Law Deans In Jail , Morgan Cloud, George Shepherd
Law Deans In Jail , Morgan Cloud, George Shepherd
Missouri Law Review
A most unlikely collection of suspects – law schools, their deans, U.S. News & World Report and its employees – may have committed felonies by publishing false information as part of U.S. News’ ranking of law schools. The possible federal felonies include mail and wire fraud, conspiracy, racketeering, and making false statements. Employees of law schools and U.S. News who committed these crimes can be punished as individuals, and under federal law the schools and U.S. News would likely be criminally liable for their agents’ crimes. Some law schools and their deans submitted false information about the schools’ expenditures and …
From Stem To Stern: Navigating Bankruptcy Practice After Stern V. Marshall, Michelle Wright
From Stem To Stern: Navigating Bankruptcy Practice After Stern V. Marshall, Michelle Wright
Missouri Law Review
In order to provide a foundation for understanding the Court’s reasoning in Stern, Part II of this Comment briefly covers the history of bankruptcy in America. Section III explains how the Supreme Court of the United States’ holding in Stern v. Marshall16 has affected bankruptcy courts’ disposition of state law claims. Scholars’ interpretations of Stern range from understanding it as a narrow holding that will change little in bankruptcy, to questioning whether it foreshadows the Court holding the entire bankruptcy system is unconstitutional in a future case. Given the breadth of opinions that the decision supports, it is predictable that …
Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner
Cloaking A Challenge To Missouri's Marriage Amendment With A Challenge For Survivor Benefits, Benjamin S. Harner
Missouri Law Review
This Law Summary focuses on Glossip’s ongoing challenge to receive survivor benefits. The case not only implicates the Missouri Constitution’s equal protection and due process clauses, but it is also controversial because it involves the same-sex marriage issues that have stirred national debate for quite some time. This Law Summary will discuss each of these issues. Specifically, Part II provides the legal background for Missouri’s equal protection and substantive due process clauses and provides case law pertaining to situations similar to Glossip’s that have arisen in other states. Part III provides a more in-depth background of Glossip’s lawsuit, focusing on …
The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen
The Role Of The Judiciary In Charter Schools' Policies , Kate Gallen
Missouri Law Review
Part II of this Comment will provide a detailed history about the development of charter schools nationally. Part III then answers the question of whether widespread support for charter schools is a wise policy choice. Part IV outlines how Missouri has created a strong charter culture, while Part V discusses how Georgia failed to do so, and the consequences of each of those decisions. The Comment finally concludes by arguing for the continued judicial support and more purposeful legislative support of charter schools.
What's It To You: The First Amendment And Matters Of Public Concern , Mark Strasser
What's It To You: The First Amendment And Matters Of Public Concern , Mark Strasser
Missouri Law Review
This Article traces the development of the “matters of public concern” doctrine, explaining the role that the concept has played in cases ranging from defamation3 to employment termination to publication of (allegedly) private facts.4 The Article discusses various inconsistencies in the Court’s jurisprudence, both with respect to what counts as a matter of public concern5 and with respect to the relative importance of the protection of such matters. 6 It concludes that the current jurisprudence cannot help but cause confusion and inconsistent results in the lower courts and must be clarified at the earliest opportunity. 7
Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle
Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle
Missouri Law Review
This Article will offer a brief critique of current bullying legislation and suggest changes to the legislation designed to achieve the good intentions that usually motivate such legislative efforts. It will also briefly address some of the less well-meaning legislative efforts and suggest that legislators duped by their uncharitable colleagues into passing counter-productive bullying legislation take the necessary steps to reverse the damage. Because of the brevity of this Article, I will focus primarily upon weaknesses that legislatures should address and will not discuss the strengths that can be found in a few legislative efforts to deal with bullying in …
Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel
Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel
Missouri Law Review
In a recent Missouri case, Homa v. Carthage R-IX School District, the Court of Appeals for the Southern District upheld the Carthage School District's decision to terminate one of its program directors for engaging in "immoral conduct."6 The Carthage school board terminated Lynda Homa, a teacher, and the director of its Parents-as-Teachers program, after it found that Homa authorized a parent-educator to visit an incarcerated program participant to convince the participant to put her child up for adoption.7 Interestingly, the court did not base its determination solely on the inappropriate adoption discussion. In its opinion, the court put Freater emphasis …
Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer
Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer
Missouri Law Review
In this Article, we begin Part II by a brief exploration of the history of bullying in social science research. Part III is a description of the ways that social scientists have attempted to define bullying, and by extension, cyberbullying. We pay particular attention to understanding the roles that the intentionality of the bully, the repetition of the problematic behavior, and the power asymmetry of the bully-victim dyad play in distinguishing bullying from other negative behavior. In Part IV, we track the relationship between bullies and their social worlds, noting that some bullies are marginalized within a broader peer culture …
All Those Like You: Identity Aggression And Student Speech , Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech , Ari Ezra Waldman
Missouri Law Review
This Article answers two categories of questions, one social and another legal. The first series of questions is about the sociology of identity aggression and it seeks to determine whether there is a difference between, say, calling someone a "faggot" and calling someone a "dork." If there is a difference, to what extent is there empirical evidence that suggests that one is more harmful to the victim, to his community, and to his school? The legal problem flows directly from the relative harm posed by identity aggression: it is too simplistic to see the Court's student speech jurisprudence like a …
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Missouri Law Review
On July 29, 2011, the United States Court of Appeals for the Federal Circuit upheld the validity of several controversial patents in Association for Molecular Pathology v. United States Patent and Trademark Office.' The patents, exclusively assigned to Myriad Genetics, Inc. (Myriad), claim two human genes fundamental to understanding, researching, and diagnosing common strains of familial breast and ovarian cancers. Patients expressed concern that Myriad's exclusivity over the two genes made diagnosis excessively expensive and precluded the availability of independent second opinion testing. Although the Supreme Court of the United States vacated and remanded the Federal Circuit's decision, the Federal …
Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells
Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells
Missouri Law Review
Bullying and its effects concern many of us in the United States. As many as thirty percent of students in grades five through ten have experienced at least one bullying incident in a given year.] Studies further show that up to thirty-five percent of students have been the victims of cyberbullying - i.e., the use of online mediums to bully others. Most observers agree that this number is likely to rise. Such bullying physically and psychologically affects students. It can disrupt their education and cause depression, anxiety, self-harm, suicidal thoughts, and suicide attempts. After several highly publicized suicides, there appears …
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Missouri Law Review
Cyberbullying has gained increasing attention over the past decade, in part driven by significant media coverage on this topic.' While media attention has increased, prevalence rates derived from national and local surveys indicate that cyberbullying is a less common experience among youth than traditional bullying. Nonetheless, a significant number of youth experience both cyberbullying and its deleterious effects, and additional research is needed to guide nascent prevention and intervention efforts. In particular, existing research does not clarify the extent to which cyberbullying overlaps with traditional bullying or other forms of victimization that children might encounter in their schools, homes, and …
Regulating Student Cyberspeech, Barry P. Mcdonald
Regulating Student Cyberspeech, Barry P. Mcdonald
Missouri Law Review
Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …
Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams
Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams
Missouri Law Review
As Jamey entered Williamsville North, his life was torn between outward signs of emotional strength and inner impulses toward personal despair. In May of 2011, he used his webcam to produce and post online his video for the "It Gets Better Project," which seeks to fortify students who are bullied because of perceptions about their sexual orientation. The project's perspective is that the sting of childhood and adolescent bullying fades with the passage of time. "All you have to do is hold your head up and you'll go far," Jamey spoke directly into the camera, "Just love yourself and you're …
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
Missouri Law Review
This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …
The Right To Remain Silent: Garcetti V. Ceballos And A Public Employee's Refusal To Speak Falsely, Ashley M. Cross
The Right To Remain Silent: Garcetti V. Ceballos And A Public Employee's Refusal To Speak Falsely, Ashley M. Cross
Missouri Law Review
Both Bowie and Jackler, when compared with a wide variety of public employee free speech case law, stand out as cases where a public employee is not seeking protection of his right to speak, but rather, is seeking protection of the right not to speak falsely or protection of the right to refrain from speaking at all. This Summary seeks to review the progression of public employee case law up to Garcetti and then discusses Garcetti's effect on subsequent circuit decisions attempting to apply its standards. Next, a review of the ineffectiveness of current whistleblower protection laws suggests that employees …
And Baby Makes Two: Posthumously Conceived Children And The Eighth Circuit's Denial Of Survivors Benefits , Stephanie Liu
And Baby Makes Two: Posthumously Conceived Children And The Eighth Circuit's Denial Of Survivors Benefits , Stephanie Liu
Missouri Law Review
In light of the recent Supreme Court of the United States case of Astrue v. Capato, which involved a similar issue, this Note will address the lack of uniformity and guidance among the respective appellate courts regarding the issue. Specifically, the emerging circuit split concerning posthumously conceived children and their rights to Social Security benefits based on the earning records of their deceased, genetic fathers will be examined. In order to do so, the facts and holding of Beeler are first discussed, followed by an explanation of Assisted Reproductive Technology. Next, the Social Security Act, along with relevant provisions and …
The Debate On Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful, Alexandra E. Wilson-Schoone
The Debate On Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful, Alexandra E. Wilson-Schoone
Missouri Law Review
This Law Summary will address the Supreme Court of Missouri's proportionality review jurisprudence, the rationales of two opinions in Deck," and the relationship of the Deck opinions to precedent and public policy. Additionally, this Summary will address the court's subsequent application of and debate about proportionality review as well as the legislative response. Finally, this Summary will conclude that for proportionality review to serve a meaningful function, the court must consider all affirmed, factually similar capital cases that resulted in either life imprisonment or a death sentence because only considering factually similar cases which resulted in the death penalty essentially …
Cost As A Sentencing Factor: Missouri's Experiment, Chad Flanders
Cost As A Sentencing Factor: Missouri's Experiment, Chad Flanders
Missouri Law Review
This argument is avowedly theoretical and normative. That is, this Article tries to determine what judges ought to do, not what they in fact do. Judges and attorneys may argue cost at sentencing hearings, and many of them do. That does not mean that they should be debating cost or basing sentencing decisions on it. I also am not concerned about whether, pragmatically, letting judges figure cost into their decisions might be a good thing overall, because it might lead to lower sentences. I put these concerns to one side, important as they may be as a practical matter. Instead, …
Cost As A Sentencing Factor: A Response, Jeff Milyo
Cost As A Sentencing Factor: A Response, Jeff Milyo
Missouri Law Review
Professor Chad Flanders offers a normative theoretical critique of including costs of punishment in Sentence Advisory Reports (SARs) that the Missouri Sentencing Advisory Commission (MOSAC) produces. This approach provides a useful lens for understanding divergent opinions on the practice of including cost information in SARs and provides a consistent logical framework for understanding whether this practice squares with more fundamental principles of criminal punishment. In this Response, I complement the normative analysis in the main Article with several observations from a different analytical perspective. As an empirical social scientist, my analytical approach is based on positive analysis. I am less …
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Missouri Law Review
This Note will analyze the constitutionality of Missouri's funeral-protest statutes under the First Amendment. This Note argues that, with certain changes, Missouri's funeral-protest statutes should pass constitutional muster. In Part II, this Note analyzes the facts and holding of Phelps-Roper v. Koster. Next, in Part III, this Note explores the legal background of the First Amendment, time, place, and manner restrictions, and how other courts have decided cases involving funeral-protest laws. Part IV examines the court's rationale in Phelps-Roper v. Koster. Lastly, Part V explains where the district court erred and how Missouri's funeral-protest statutes can be changed to become …
State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg
State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg
Missouri Law Review
This Summary examines the framework set up by the Supreme Court for analyzing the constitutionality of drug testing on welfare recipients. It discusses the states' implementation of such programs, and specifically analyzes laws recently passed by Florida and Missouri that authorize drug-testing requirements on welfare recipients. The likely outcome of challenges to these laws appears to be dependent, at least in part, on whether the law provides for suspicionless drug testing or calls for drug testing based on some reasonable suspicion of drug use.
Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii.
Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii.
Missouri Law Review
On March 4, 1851, at the State University in Columbia, Missouri, there occurred one of those incidents that from time to time break up the stately progress of the academic year. It seems that young George Clarkson got in a brawl with a fellow student. Upon hearing of this unseemly affair, the faculty convened and docked each of the combatants fifty marks. Professor Robert Grant, coming late to the meeting, encountered Clarkson on the steps and asked how the matter had been resolved. Clarkson replied, "I am very well satisfied but I will give him a whipping yet."' Divining from …
Pulling The Taxpayer's Sword From The Stone: The Appropriation Requirement Of Missouri's Hancock Amendment, Jonathan G. Bremer
Pulling The Taxpayer's Sword From The Stone: The Appropriation Requirement Of Missouri's Hancock Amendment, Jonathan G. Bremer
Missouri Law Review
On November 4, 1980, Missouri voters approved the Hancock Amendment (Hancock) to Missouri's Constitution. Hancock addressed voter concerns as to whether state and local governments could keep their taxing and spending in check. The amendment contains two principle aspects. First, Hancock limits state and local governments in their ability to increase taxation, revenue, and spending without voter approval. Second, Hancock prohibits the state from imposing "unfunded mandates" upon its political subdivisions - closing a loophole that would otherwise allow the state to circumvent its duty not to raise taxes or spending above a certain level without a vote of the …
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Missouri Law Review
This Note will examine whether execution immunity under the FSIA may be considered sua sponte by a district court judge and the broad judicial considerations in preserving the narrow and restrictive view of the FSIA to the attachment of assets of a foreign state. To do this, this Note will review the facts and holding of Walters. This Note will then survey the legal background of sovereign immunity, the adoption of the "restrictive immunity" principle in the U.S., and the creation of the FSIA and the decisions of three appellate courts to adopt the uniform holding that district courts have …