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Articles 31 - 47 of 47
Full-Text Articles in Law
Cause For Action For Student-On-Student Sexual Harassment Under The Missouri Human Rights Act, A , Amanda N. Johnson
Cause For Action For Student-On-Student Sexual Harassment Under The Missouri Human Rights Act, A , Amanda N. Johnson
Missouri Law Review
This Note argues that a cause of action under the MHRA is problematic because it misapplies the law with respect to public schools, creating limitless liability against school districts. The cost of damages and legal fees could overwhelm many of Missouri’s school districts, taking taxpayer money from funding education and putting it in the pockets of attorneys and plaintiffs.
My Way Or No Way: The American Reluctance For Trans-Territorial Public Law , William Funk
My Way Or No Way: The American Reluctance For Trans-Territorial Public Law , William Funk
Missouri Law Review
One of the topics for this symposium is “trans-territorial administrative law.” It is said that public law is in the process of de-territorialization; that many of the phenomena discussed in the current context of modern administrative law (e.g., agency-networks, governance, privatization, globalization) have led to a lessening of the principle of territoriality in public law; and that, indeed, in a digital age, the principle of territoriality seems much less important to an increasing sector of regulation of activities (e.g., media, telecommunications, banking, insurance, internet, crime prevention, etc.). Deterritorialization is probably most evident in trade law, where the World Trade Organization …
Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance
Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance
Missouri Law Review
This Note will examine the status of the “arising out of and in the course of employment” requirement after Johme. Part II begins with an analysis of the facts and holding of Johme. Next, Part III synthesizes the background of workers’ compensation laws in Missouri, including the establishment of the workers’ compensation system, the development of the personal comfort doctrine, the 2005 statutory revisions, and two post-2005 cases interpreting the changes. Part IV outlines the court’s rationale in deciding Johme. Finally, Part V discusses the impact of Johme on the “arising out of and in the course of employment” requirement. …
Need For Legitimate Regulatory Regime In Bioethics: A Global And European Perspective, The , Jane Reichel
Need For Legitimate Regulatory Regime In Bioethics: A Global And European Perspective, The , Jane Reichel
Missouri Law Review
Bioethics in global biobanking touches upon several internationally accepted fundamental rights and values, namely the sample donor’s right of privacy, the patient’s right to health, and – at least implicitly – scientific freedom. From the perspective of fundamental rights, however, there are very few internationally applicable rules as to the enforcement of these rights at the administrative level. Instead, the combination of the practical need for common rules and the lack of political will and/or legislative competence within the international community or the European Union (EU) seems to have paved the way for soft law. Further, the role of courts …
Disqualification For Bias And International Tribunals: Room For A Common Test , Margaret Allars
Disqualification For Bias And International Tribunals: Room For A Common Test , Margaret Allars
Missouri Law Review
This Article explores the scope for the development of a bias test applying to international tribunals. In the absence of a developed test in any such tribunal, an obvious source of jurisprudence is the case-law on Article 6(1) of the European Convention, which the European Court of Human Rights applies to domestic tribunals of member states. The requirement of impartiality in Article 6(1) has remained an abstract concept, slowly evolving on the foundation of common law maxims accepted as its rationale. While United Kingdom courts claim that their recent renovation of the common law test of apparent bias is the …
Dealing With Trans-Territorial Executive Rule-Making , Herwig C.H. Hofmann
Dealing With Trans-Territorial Executive Rule-Making , Herwig C.H. Hofmann
Missouri Law Review
This Article discusses the reality of executive rule-making procedures with trans-territorial effect, with other words, the creation of non-legislative rules which have an effect outside the territorial limits of the jurisdiction of origin. It maps the phenomenon, discusses some of its central challenges for the realization of general principles of law and considers possible legal approaches addressing these. One of the most important issues thereby is to find workable solutions in the context of the pluralism of sources of law – national, supranational and international.
Churches Built On Sinking Sand: How Courts Decide Who Keeps Church Property Following A Schism, Daniel Coffman
Churches Built On Sinking Sand: How Courts Decide Who Keeps Church Property Following A Schism, Daniel Coffman
Missouri Law Review
This Note will examine whether the “strict title” application of the neutral principles taken by Gashland is a more preferable approach than the interpretation and application of the neutral principles in other jurisdictions. This Note will discuss whether Gashland squares with the Supreme Court of the United States’ prior decisions involving church property disputes and whether Gashland’s strict title approach is most true to the principles set forth in the leading case on the issue, Jones v. Wolf. This Note will first review the facts and holding of Gashland. It will then chronicle the history of church property jurisprudence in …
Eighth Circuit Bungles Bundled Discounts: The Court Avoids Resolving Bundled Discounts Note , Melissa A. Cullmann
Eighth Circuit Bungles Bundled Discounts: The Court Avoids Resolving Bundled Discounts Note , Melissa A. Cullmann
Missouri Law Review
In Southeast Missouri Hospital v. C.R. Bard, Inc., the Eighth Circuit passed on an opportunity to choose a bundled discount test and instead focused on the proper market for the products at issue. This Note first explores the bundled discounts and contracts at issue in the instant decision. It then provides a detailed explanation of bundled discounts and the various tests proposed for them, as well as an explanation of the Eighth Circuit’s precedent concerning bundled discounts. The Note concludes by analyzing the instant decision and discussing why the court should have addressed bundled discounts in its opinion and the …
Farmer And The Tax Man: The Scope Of The Tax Forgiveness Provision In Chapter 12 Bankruptcy, The Comment , David A. Martin
Farmer And The Tax Man: The Scope Of The Tax Forgiveness Provision In Chapter 12 Bankruptcy, The Comment , David A. Martin
Missouri Law Review
In Hall v. United States, the Supreme Court of the United States granted certiorari upon the petition of debtors from the Ninth Circuit and resolved the circuit split in favor of the IRS. Faced with the familiar task of statutory interpretation, the opinion of the Supreme Court will inevitably affect economically distressed farmers nationwide. A primary concern of the Court was that an incorrect statutory interpretation would leave the Code in shambles because of the interdependency of its provisions. Because Hall primarily addresses issues of statutory interpretation, Part II of this Comment will outline the statutory background of the two …
Drawing On The Constitution: An Empirical Inquiry Into The Constitutionality Of Warrantless And Nonconsensual Dwi Blood Draws , Kevin Stockmann
Drawing On The Constitution: An Empirical Inquiry Into The Constitutionality Of Warrantless And Nonconsensual Dwi Blood Draws , Kevin Stockmann
Missouri Law Review
This Note assesses how courts have interpreted the text of Schmerber to justify conclusions while determining whether policy justifications support any particular interpretation. It then considers whether empirical data may favor one interpretation of Schmerber by examining the dissipation rate of alcohol from an individual’s bloodstream, the average time it takes a law enforcement officer to obtain a warrant for a blood draw on an alleged intoxicated driver, and the reliability of retrograde extrapolation. This Note confirms that neither the text of Schmerber nor the policy underlying its holding clearly favors a particular interpretation on the constitutionality of warrantless and …
Two Wrongs Do Not Make A Right: Reconsidering The Application Of Comparative Fault To Punitive Damage Awards , Victor E. Schwartz, Christopher E. Appel
Two Wrongs Do Not Make A Right: Reconsidering The Application Of Comparative Fault To Punitive Damage Awards , Victor E. Schwartz, Christopher E. Appel
Missouri Law Review
The purpose of this Article is to reexamine and appropriately analyze the application of comparative fault to punitive damages. The Article challenges the conventional wisdom that these spheres of law should remain separate. Part II begins with an overview of the development of the law of comparative fault with punitive damages. It discusses the limited attention that has been paid to potential overlap in these areas of law and draws parallels with other developments in the law of comparative fault supporting more accurate and just awards of damages. Part III analyzes the public policy arguments for and against applying comparative …
Corporate Gatekeeper In Ethical Perspective, The , Christopher T. Hines
Corporate Gatekeeper In Ethical Perspective, The , Christopher T. Hines
Missouri Law Review
The fallout from the financial crisis continues to inform the development of corporate and securities law, and the new regulatory landscape for economic activity within the United States is beginning to take form. This evolutionary process, however, has been anything but stable or certain. As might be expected, in concert with such momentous change in law and policy, recriminations for and associated investigations of past activity continue to affect competent regulators as well as market participants. Nevertheless, while many of the underlying causes of the financial crisis are now better understood by both policy makers and scholars, the question remains …
Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie
Currently Mandated Myopia Of Rule 10b-5: Pay No Attention To That Manager Behind The Mutual Fund Curtain, The , Kelly S. Kibbie
Missouri Law Review
This Article examines the current state of the Rule 10b-5 right of action following a constricting trilogy of Supreme Court cases that have rendered it a myopic remnant of the right previously endorsed by the United States Securities and Exchange Commission (the “SEC”) and hundreds of courts over a span of numerous decades. The Roberts Court’s pronouncement in Janus Capital Group, Inc. v. First Derivative Traders has generated an immense amount of criticism and a slew of conflicting lower court decisions. By effectively abolishing most private Rule 10b-5 claims against secondary actors, including lawyers, accountants, credit rating agencies, underwriters and …
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 …
Proposal For A National Mortgage Registry: Mers Done Right, A , Dale A. Whitman
Proposal For A National Mortgage Registry: Mers Done Right, A , Dale A. Whitman
Missouri Law Review
In this Article, Professor Whitman analyzes the existing legal regime for transfers of notes and mortgages on the secondary market, and concludes that it is highly inconvenient and dysfunctional, with the result that large numbers of market participants simply did not observe its rules during the huge market run-up of the early and mid-2000s. He also considers Mortgage Electronic Registration System (MERS), which was designed to alleviate the inconveniences of repeatedly recording mortgage assignments, but concludes that it was conceptually flawed and has proven to be an inadequate response to the problem. For these reasons the legal system was ill-prepared …