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Full-Text Articles in Law
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 …
Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman
Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman
Missouri Law Review
Part II examines the theoretical rationale underlying both statutory damages and class actions: making individual claims marketable. This Part explains how combining the class action with statutory damages invites overdeterrence, a fact aptly demonstrated by the FACTA class actions. Part III describes the constitutional framework for analyzing constitutional excessiveness under the Due Process Clause. This Part shows how the modem due process standard for punitive damages - known as the BMW guideposts - in fact evolved from a test developed in early Supreme Court precedent analyzing the constitutional limits on statutory damages. Part IV examines modem judicial treatment of due …
Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer
Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer
Missouri Law Review
Throughout the past two decades, the United States Supreme Court has gradually formed several procedural and substantive protections under the Fourteenth Amendment's Due Process Clause limiting the size of punitive damages a State can award against civil defendants. The Court has made it clear that the catalyst for the recent constitutional doctrine stems from its concern towards punitive damages that "run wild." What has not been as clear is what prior constitutional authority the Court has drawn from when creating these new rules. Consequently, state courts, left with little guidance, have struggled with applying as well as predicting the evolving …
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 …
Stretching The Fourteenth Amendment And Substantive Due Process: Another Close Call For 42 U.S.C. 1983, Brad K. Thoenen
Stretching The Fourteenth Amendment And Substantive Due Process: Another Close Call For 42 U.S.C. 1983, Brad K. Thoenen
Missouri Law Review
Forty years ago, Justice John Harlan noted that the United State Constitution "is not a panacea for every blot upon the public welfare, nor [is the] Court . . .a general haven for reform movements." Written during an era of judicial progressivism, Justice Harlan's words capture perfectly the essence of the Eighth Circuit's majority opinion in Terrell v. Larson, a recent substantive due process case from Minnesota. Substantive due process claims often tug at the heartstrings of our jurisprudence, and Terrell is certainly no exception. This Note will explore the legal foundations and policy implications of Terrell and attempt to …
Antipsychotic Medication And The Criminal Defendant: Problems Persist Despite A Dose Of Due Process, Brian J. Doherty
Antipsychotic Medication And The Criminal Defendant: Problems Persist Despite A Dose Of Due Process, Brian J. Doherty
Missouri Law Review
Involuntary administration of antipsychotic drugs also raises difficult legal issues within the domain of criminal law. Because antipsychotic drugs affect thought processes, when psychiatrists acting on behalf of the state administer these drugs to a criminal defendant, the state is controlling that defendant's mind to some extent. In Riggins v. Nevada, the United States Supreme Court recognized constitutional protection against involuntarily treating pretrial detainees with antipsychotic drugs. This Note will analyze the Court's decision and discuss unresolved problems concerning the effects of antipsychotic medication on the criminally accused.
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Preliminary Hearing--Better Alternatives Or More Of The Same, The, Gary L. Anderson
Missouri Law Review
The first part of this article analyzes the preliminary hearing as a working institution. The second part sets out and evaluates current proposals and prospects for improving the hearing through reform. In the third part a set of alternative procedures is proposed which might function better than a judicial hearing with multiple functions, and comparisons are made with present and proposed hearing procedures. Throughout the article it will be assumed that any proposal for reform should fairly and effectively protect the interests of the accused while respecting the needs of law enforcement. In addition, any proposal for reform should take …