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Full-Text Articles in Law
Bargaining With Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, Peter W. Bay
Bargaining With Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, Peter W. Bay
Missouri Law Review
Collective bargaining – negotiations over working conditions between an employer and representatives of their employees – appeared as early as 1891 as labor unions arose in response to the Industrial Revolution. Collective bargaining in private industry was recognized in 1935 by the National Labor Relations Act but was considered prohibited in the public sector. In 1945, the state of Missouri ratified its constitution, which included article 1, section 29, a provision protecting employee collective bargaining rights. That provision, however, was quickly interpreted by courts as applying only to private employees, and thus, public employees had little power to negotiate employment …
Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, The, Mae C. Quinn
Other Missouri Model: Systemic Juvenile Injustice In The Show-Me State, The, Mae C. Quinn
Missouri Law Review
Part II of this Article examines some of the most well-known claims about the Missouri Model of juvenile justice, clarifying that the positive press to date actually describes only one small component of the larger juvenile justice structure: Missouri’s system of residential correction for state-placed adjudicated youth. And while that system has much to admire and replicate, it also has room for improvement In Part III, this Article fills in what has been left out of most public and press stories about Missouri’s larger youth justice system. That is, despite mostly glowing media accounts, Missouri’s at-risk youth are poorly served …
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan
Missouri Law Review
Part II will describe the juvenile officer’s unique role in Missouri law, and explain how this role makes Missouri an outlier within the United States. Part III will argue that the juvenile officer’s prosecutorial discretion violates the separation of powers required by the Missouri Constitution and informed by the U.S. Constitution. Part IV will describe the real world harms that flow from this violation, with a particular focus on the harms in child abuse and neglect cases. Part V will outline potential policy solutions to this problem.
Mental States And Misconduct: The Supreme Court Of Missouri Interprets An Important Disqualification From Unemployment Benefits, Brian Stair
Missouri Law Review
Fendler v. Hudson Services features the Supreme Court of Missouri’s first thorough discussion of section 288.030.1(23) and the Court’s decision illustrates a development in Missouri appellate court interpretation of the statute’s definition of “misconduct.” This Note describes that definitional development and addresses its potential effect on future disputes in which employers are seeking to prove that an employee’s behavior constituted misconduct. Specifically, this Note focuses on how the Supreme Court of Missouri, by refusing to require a showing of “willfulness” to prove “misconduct,” has further complicated the use of mental states in “misconduct” analysis and potentially broadened the scope of …
Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp
Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp
Missouri Law Review
In 2011, the Eastern District of the Missouri Court of Appeals summarized and clarified the issue of which court has jurisdiction to determine jurisdiction. After Cooper v. Chrysler Group, LLC, it is clear that a Missouri circuit court must yield to the Commission when the jurisdiction-determining issue is one of fact. However, a circuit court can nevertheless review jurisdictional issues of law. An important question remains, however: will a circuit court distinguish between issues of fact and issues of law if an affirmative defense is not timely raised by the employer?
Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden
Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden
Missouri Law Review
Part II examines this provision, including its impetus. Part III considers J.C.W.’s exposition of jurisdiction and focuses on its contention that the Missouri Constitution necessarily excludes statutory restrictions on the judiciary’s exercise of subject matter jurisdiction. Part IV closely examines McCracken’s application of J.C.W.’s analysis to the issue of exclusive administrative remedies and agency jurisdiction. Finally, Part V suggests alternative analyses that maintain exclusive remedies for workers’ compensation and other administrative agencies while preserving the circuit courts’ plenary subject matter jurisdiction.
Deciding Where To Draw The Line: Compactness As A Protection Against Gerrymandering In Missouri Redistricting, Stephanie Bradshaw
Deciding Where To Draw The Line: Compactness As A Protection Against Gerrymandering In Missouri Redistricting, Stephanie Bradshaw
Missouri Law Review
Every ten years, the release of the U.S. Census triggers a tidal wave of political ramifications that ripple from coast to coast. The census reflects the fluctuation in population among the states, necessitating a shuffling of, among other things, state legislative and congressional districts. States are awarded Congressional representatives based on their populations: the greater the population, the greater the representation. While some states gain representatives and others lose them, the outcome is the same: districts must be redrawn. In what has been likened to a “periodic comet,” challenges by citizens to this redistricting frequently arise. Behind this litigation is …
Constitutionality Of Caps: Upholding Missouri's Right To Jury Trial And The Non-Economic Damages Debate, The, Rachel Lawrence
Constitutionality Of Caps: Upholding Missouri's Right To Jury Trial And The Non-Economic Damages Debate, The, Rachel Lawrence
Missouri Law Review
This Note argues that the Watts decision appropriately invalidated the statutory limits on economic damages, finding non-economic caps on damages unconstitutional. Part II of this Note analyzes the facts and holding of Watts. Part III examines previous constitutional challenges to Missouri Revised Statutes chapter 538 and how the court interpreted constitutional language to reach its decision. Next, Part IV explains the court’s rationale in Watts. Last, Part V explains why the court was correct in declaring noneconomic damage caps unconstitutional and explores the policy issues behind statutory limitations on damages.
Delicate Balancing Of Paternalism And Freedom To Contract: The Evolving Law Of Unconscionability In Missouri, A Law Summary , Scott Lee Smithson Jr.
Delicate Balancing Of Paternalism And Freedom To Contract: The Evolving Law Of Unconscionability In Missouri, A Law Summary , Scott Lee Smithson Jr.
Missouri Law Review
The contracts defense of unconscionability – infrequently exercised and less frequently successful – requires that a contractual provision be so odious that it “shocks the conscience” of the adjudicator. Case law suggests that during the last century, unconscionability has been argued successfully less than twenty times in the state of Missouri. The nature of an overall unconscionability analysis is rather tenuous, given that the defense is highly fact intensive, and a range of factors, rather than elements, controls. Despite this, Missouri courts had applied a uniform test in nearly every contract situation for decades, including contracts whose terms included a …