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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 …
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?
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 …