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Articles 1081 - 1110 of 3741
Full-Text Articles in Law
Which One Here Is Not Like The Others - No Third-Party Standing For Lawyers To Assert Indigent Criminal Defendants' Right To Counsel On Appeal, Courtney C. Stirrat
Which One Here Is Not Like The Others - No Third-Party Standing For Lawyers To Assert Indigent Criminal Defendants' Right To Counsel On Appeal, Courtney C. Stirrat
Missouri Law Review
In Kowalski v. Tesmer, the Supreme Court held that attorneys lack standing to assert the rights of indigent criminal defendants.1t The Court's application of its prudential rules of standing presents great concern, as it leaves thirty years of precedent in doubt. This Note examines the parameters of the Court's prudential standing requirements and the great shift in thirdparty standing after Kowalski.1
Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Missouri Law Review
The exclusivity provision of Missouri's Workers' Compensation Act ("the Act") essentially constitutes a statutory mandated quid-pro-quo agreement amongst employees and their employers. Under the terms of the Act, employers incur the burden of no-fault liability for workplace injuries. The Act states that "[e]very employer ... shall be liable, irrespective of negligence, to furnish compensation . . . for personal injury or death of the employee by accident arising out of and in the course of [his] employment." In exchange for employers incurring this burden, the Act statutorily abrogates any common law right of action the employee may hold against the …
Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle
Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle
Missouri Law Review
The [Blackmun] Papers have extensive correspondence, diaries, and other documents illuminating the relationship between Blackmun and Burger. The general thesis presented by Woodward & Amrstrong, Lewis, Greenhouse, Totenberg, and Munford is accurate. This article examines the Papers in detail, against the backdrop of the literature on collegiality. We find a very complex relationship: in the 1950s and 1960s, Burger provided a vital Washington connection for, and political clout to, Blackmun. During those two decades, Blackmun was a key link back to Minnesota, and a solic supporter for Burger. When the two became colleagues on the Supreme Court in 1970, their …
Willful Judging Of Harry Blackmun, The, Gregory C. Sisk
Willful Judging Of Harry Blackmun, The, Gregory C. Sisk
Missouri Law Review
As an invited guest at a symposium in which a central place is given to examining the personal papers and judicial life of a jurist who is esteemed and even revered by many of those participating and attending, my playing of a negative note may sound discordant. Indeed, it may appear downright rude. Because my hosts assured me that the academic ideal of balanced perspectives and critical analysis animated this symposium, and that they would expect nothing less than such a countervailing viewpoint from me, I feel less churlish than otherwise I might.
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Missouri Law Review
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. His strongest critics, such as Professor Greg Sisk, view the Justice as an unprincipled judge who let his personal views on the issues before the Court control his jurisprudence.' More damning words cannot be spoken about a judge, and Roe v. Wade of course is the case they focus on. His strongest proponents, most famously Yale Law School Dean Harold Koh and Stanford Law School Professor Pam Karlan, view the Justice as a man of high principle who worked carefully, methodically, …
Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells
Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells
Missouri Law Review
Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.
Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort
Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort
Missouri Law Review
At present, 108 Justices have served on the United States Supreme Court. Some have clearly been successes as judges, while a few have clearly not, and a large number are cast into that middle, "satisfactory" or "average," category. The purpose of this paper is to propose, examine, and evaluate specific factors as determinants of judicial success, and then to consider Justice Harry Blackmun's place on a continuum of successes and failures. The paper is divided into three sections. First, it reviews several ideal qualities and examines the results of several surveys of experts, which classify the Justices into categories based …
Diversity: A Fundamental American Principle, David Orentlicher
Diversity: A Fundamental American Principle, David Orentlicher
Missouri Law Review
This article argues that both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity. Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest," diversity is a critical principle for much of American constitutional and social structure. 12 In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to better government than would a single approach by the national government., Similarly, the American capitalist economic …
Made Whole Doctrine: Unraveling The Enigma Wrapped In The Mystery Of Insurance Subrogation, The, Johnny C. Parker
Made Whole Doctrine: Unraveling The Enigma Wrapped In The Mystery Of Insurance Subrogation, The, Johnny C. Parker
Missouri Law Review
Application of the doctrine of subrogation often occurs at the expense of the insured. As a result, the common law developed the made whole doctrine, which limits the use of subrogation prior to an insured party receiving full compensation for damages. The primary purpose of this article is to explore the made whole doctrine as the principal weapon used by contemporary courts to curb the harsh effect of contractual subrogation on the rights of the insured. Section I of this article provides an overview of the expansion and use of subrogation in various types of insurance contracts. Section II examines …
Local Man Phones Spiritual Leaders, Ends Up In Federal Prison: Congressional Commerce Power To Curb Discrimination Motivated Violence, Courtney C. Stirrat
Local Man Phones Spiritual Leaders, Ends Up In Federal Prison: Congressional Commerce Power To Curb Discrimination Motivated Violence, Courtney C. Stirrat
Missouri Law Review
In United States v. Corum,12 the Eighth Circuit examined two categories of congressional commerce power used to eradicate religious discrimination.13 The result in this case perpetuates a split among the circuits regarding the extent of congressional authority to regulate non-economic, criminal activity. 14 This Note examines the parameters of the Commerce Clause and the continuing confusion in the Courts of Appeals following the Supreme Court's holdings in United States v. Lopez'5 and United States v. Morrison.16
Risks Of And Reactions To Underdeterrence In Torts, The, Thomas C. Galligan Jr.
Risks Of And Reactions To Underdeterrence In Torts, The, Thomas C. Galligan Jr.
Missouri Law Review
As the nation considers tort reform at both the state and federal levels, it should not be blinded to the fact that while tort law may, in some cases, overdeter beneficial activity or conduct, it also may underdeter dangerous activity or conduct, especially in mass tort cases. The idea that liability or the prospect of liability can shape human behavior through deterrence has become one of the practical and theoretical foundations of tort law.2 Judges and scholars regularly state that deterrence - the prospect that liability can influence behavior - is one of the purposes of tort law. 3 The …
Girl Who Cried Wolf: Missouri's New Approach To Evidence Of Prior False Allegations, The, Jennifer Koboldt Bukowsky
Girl Who Cried Wolf: Missouri's New Approach To Evidence Of Prior False Allegations, The, Jennifer Koboldt Bukowsky
Missouri Law Review
After a trial by jury, Jeffrey D. Long was convicted of forcibly raping and sodomizing Debbie Flower. The Missouri Supreme Court reversed the conviction because the exclusion of evidence that Flower had falsely accused another person of making threats and assaulting her deprived Long of a full opportunity to present his defense. Previously, Missouri's rules of evidence dictated that, although a witness could be cross-examined about having made false allegations against persons other than the defendant, extrinsic evidence of such conduct was not admissible. The Missouri Supreme Court changed that rule by a 4-3 decision in State v. Long. Now, …
Another One Bites The Dust: Missouri Puts To Rest Uncertainty About Anatomical Gift Immunity, Ryan Deboef
Another One Bites The Dust: Missouri Puts To Rest Uncertainty About Anatomical Gift Immunity, Ryan Deboef
Missouri Law Review
In 1968, the Uniform Law Association ("ULA") adopted the Uniform Anatomical Gift Act ("UAGA"). 2 In seeking to promote anatomical gifts, 3 the UAGA immunizes medical personnel who procure human tissue, organ, and bone. Legislatures in all fifty states have since enacted some form of the UAGA. 4 Many state courts interpreted their respective UAGA immunity provisions long ago.' But, until recently, Missouri courts had not yet had the opportunity to interpret Missouri's UAGA immunity provision. In Schembre v. Mid-America Transplant Ass'n,6 Missouri's Eastern District Court of Appeals addressed Missouri's UAGA immunity provision for the first time.7 This Note explores …
Caught Between A Rock And A Hard Place: Harmonizing Victim Confidentiality Rights With Children's Best Interests, Lauren E. Parsonage
Caught Between A Rock And A Hard Place: Harmonizing Victim Confidentiality Rights With Children's Best Interests, Lauren E. Parsonage
Missouri Law Review
In State ex rel. Hope House, Inc. v. Merrigan, the Missouri Supreme Court examined Missouri Revised Statutes Section 210.140, 5 which eliminates legally recognized privileged communications where there is evidence of child abuse or neglect, and attempted to resolve it with Section 455.220,6 which establishes strict confidentiality for residents of domestic violence shelters. 7 Although Section 210.140 has previously been the subject of litigation, this case was the first time the court concurrently dealt with Section 455.220 and attempted to harmonize two conflicting statutes that ultimately could have a tremendous effect on the children involved. This Note will examine the …
Subjectivity, Good Faith And The Expanded Chapter 13 Discharge, Robert J. Bein
Subjectivity, Good Faith And The Expanded Chapter 13 Discharge, Robert J. Bein
Missouri Law Review
This article considers the good faith requirement in the confirmation of a Chapter 13 plan that seeks to discharge debts which would be nondischargeable in a Chapter 7 case. Part II of the article examines issues of discharge and dischargeability under American bankruptcy law, both in the historical development of bankruptcy law and under the Bankruptcy Code. Part III examines the good faith requirement applicable in Chapter 13 cases, both in the filing of the case under Section 1307(c) of the Bankruptcy Code and in presentation of the Chapter 13 plan under Section 1325(a). Part IV of the article examines …
Stop...In The Name Of Identification: The Supreme Court Approves Stop And Id, Michael Duvall
Stop...In The Name Of Identification: The Supreme Court Approves Stop And Id, Michael Duvall
Missouri Law Review
In Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, the United States Supreme Court directly confronted the Fourth and Fifth Amendment concerns inherent in "Stop and ID" statutes, answering questions that it had declined to address in previous challenges to these laws. 2 "Stop and ID" statutes provide police officers the power to demand that a suspect provide his or her name, address, and an explanation of conduct, if the officer has reasonable suspicion that the suspect has committed, is committing, or is about to commit a crime.
Does Competition Constitute An Injury - Defining Injury In The Missouri Motor Fuel Marketing Act, Timothy D. Steffens
Does Competition Constitute An Injury - Defining Injury In The Missouri Motor Fuel Marketing Act, Timothy D. Steffens
Missouri Law Review
The purpose of the Missouri Motor Fuel Marketing Act (MFMA) 2 is to prevent predatory pricing in the motor fuel retail industry that would ultimately harm consumers through monopolistic takeovers.3 The Act prohibits certain below-cost sales of motor fuel by a retailer intended to or having the effect of unfairly diverting trade from a competitor, inducing the purchase of other merchandise, or otherwise injuring competitors.4 In State ex rel. Nixon v. QuikTrip Corp., the Missouri Supreme Court interpreted certain language in the MFMA for the first time. The court defined the statutory terms "competitor" and "injure," and established what the …
Murky Waters: Barriers To Recovery For Flood Damage From Municipal Waterworks, Jason D. Sapp
Murky Waters: Barriers To Recovery For Flood Damage From Municipal Waterworks, Jason D. Sapp
Missouri Law Review
The State has long enjoyed an exception to the general rules of negligence liability under the common law doctrine of sovereign immunity. This immunity has been extended to municipal governments in carrying out their role of serving the general public but not in their performance of proprietary functions. In its ruling in Junior College District v. City of St. Louis,2 the Missouri Supreme Court emphasized the narrow interpretation of exceptions to limits on negligence claims against government entities, particularly in relation to a municipality's operations as a provider of water to its citizens.3 The court further insulated municipal water suppliers …
Examining The Repercussions Of Crawford: The Uncertain Future Of Hearsay Evidence In Missouri, Jon W. Jordan
Examining The Repercussions Of Crawford: The Uncertain Future Of Hearsay Evidence In Missouri, Jon W. Jordan
Missouri Law Review
While making a course correction in Confrontation Clause jurisprudence, the United States Supreme Court leaves much uncertainty in its wake. Some hearsay evidence previously admissible under a "firmly rooted hearsay exception" or because it possessed "particularized guarantees of trustworthiness" will no longer be allowed under the Court's new standard. However, the Court's failure to define its key terms leaves practitioners in desparate need of further clarification. This Note is intended to assist Missouri practitioners in understanding the Supreme court's new Confrontation Clause standard as stated in Crawford v. Washington and provide practical guidance for its application. The Note identifies Missouri's …
Honk To Remove This Demonstration: The Eighth Circuit Adopts A Heckler's Veto, Aaron E. Schwartz
Honk To Remove This Demonstration: The Eighth Circuit Adopts A Heckler's Veto, Aaron E. Schwartz
Missouri Law Review
Freedom of speech is a pillar of American ideology, providing protection from rule by the majority and allowing those with minority opinions to participate in political dialog. Generally, the courts have allowed extremely limited restrictions. However, in Frye v. Kansas City Police Department, the Eighth Circuit appears decide the opposite, placing convince for the many over the rights of the few.
Right To A Jury Trial For Legal Claims: Does The Equitable Cleanup Doctrine Make Sense In Missouri, Tabitha G. Davisson
Right To A Jury Trial For Legal Claims: Does The Equitable Cleanup Doctrine Make Sense In Missouri, Tabitha G. Davisson
Missouri Law Review
Litigants in Missouri have had their rights to a trial by jury expanded following the Missouri Supreme Court's decision in State ex, rel. Leonardi v. Sherry. The court determined the existence of an equitable claim should not deprive a litigant of their right to a jury trial. However, the court did not provide a clear rule for the lower courts to follow. This article examines the implications of the decision in light of the somewhat vague ruling.
Medical Monitoring: The Right Way And The Wrong Way, Victor E. Schwartz, Leah Lorber, Emily J. Laird
Medical Monitoring: The Right Way And The Wrong Way, Victor E. Schwartz, Leah Lorber, Emily J. Laird
Missouri Law Review
This Article discusses the accepted scientific and medical approach to medical monitoring and explains the considerations involved. Next, the Article outlines how courts have approached these issues. Then, it details the reasons the courts are ill-equipped to implement medical monitoring causes of action. Finally, the Article explains why the legislature is the institution that should decide whether to implement medical monitoring as a valid claim.
When Is Notice Notice - Why Missouri Should Clarify The Requirements For Notice Letters Seeking The Release Of A Deed Of Trust, Eric E. Bohl
When Is Notice Notice - Why Missouri Should Clarify The Requirements For Notice Letters Seeking The Release Of A Deed Of Trust, Eric E. Bohl
Missouri Law Review
No abstract provided.
Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton
Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton
Missouri Law Review
Part I of this Article will trace the development of the Fourth Amendment's exclusionary rule from its origins in federal court through its incorporation against the states, paying particular attention to the underlying purpose of the exclusionary rule as announced by the Court, and concluding with a survey of several exceptions to the exclusionary rule derived from that purpose. Part II will discuss aspects of the PATRIOT Act that are facially inconsistent with clearly established Fourth Amendment law, describe the operational relationship between the shift to a deterrence model of evidence exclusion and the Act's passage, and identify the criminological …
Sting Operations, Undercover Agents, And Entrapment, Bruce Hay
Sting Operations, Undercover Agents, And Entrapment, Bruce Hay
Missouri Law Review
This Article focuses on two distinct functions of sting operations. One is the informational, or investigatory, function of identifying individuals who are engaged in (or likely to engage in) criminal activity. The second is the behavioral function of deterring individuals from engaging in (independent) criminal activity: the threat of being caught in a sting may scare individuals away from genuine criminal opportunities that would otherwise seem appealing. Though complementary in some respects, these functions are also in some tension with each other. A sting operation that does not serve informational purposes may be good for deterrent purposes, and vice versa. …
Can A Good Judge Be A Good Politician - Judicial Elections From A Virtue Ethics Approach, Marie A. Failinger
Can A Good Judge Be A Good Politician - Judicial Elections From A Virtue Ethics Approach, Marie A. Failinger
Missouri Law Review
In this Article, I argue that direct judicial elections, at least to the extent that they mimic other general elections, are not the wisest course for selecting judges, though not precisely for the usual reasons cited by commentatorse.g., that lawyers are in a better position to evaluate the merits of judicial candidates than the public because they are less likely to be swayed by singleissue politics or irrelevant matters.8 In fact, it seems to me that both the perspectives of the practicing bar and the public are necessary to hold judges accountable. For example, a lawyer may be in a …
We Were Only Teasing: The Eighth Circuit Misses The Quintessence Of Hostile Work Environment Claims Under The Ada, J. Andrew Hirth
We Were Only Teasing: The Eighth Circuit Misses The Quintessence Of Hostile Work Environment Claims Under The Ada, J. Andrew Hirth
Missouri Law Review
Shaver v. Independent Stave Co. holds that a hostile work environment is actionable under the Americans with Disabilities Act. This article examines burden established by the decision for ADA plaintiffs. Leading to the conclusion that it is erroneous because it creates the unintended result of a lesser burden for ADA plaintiffs than for Title VII plaintiffs.