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Articles 1231 - 1260 of 3741
Full-Text Articles in Law
Analyzing The Trust Code, David M. English
Choice Of Law In Trusts: Uniform Trust Code, Sections 107 And 403, Eugene F. Scoles
Choice Of Law In Trusts: Uniform Trust Code, Sections 107 And 403, Eugene F. Scoles
Missouri Law Review
No abstract provided.
Sex, Stabbing, And Estoppel: A Criminal Plea Prevents Tort Liability Coverage Under Homeowners Insurance, Mary C. Hoemann
Sex, Stabbing, And Estoppel: A Criminal Plea Prevents Tort Liability Coverage Under Homeowners Insurance, Mary C. Hoemann
Missouri Law Review
It is not every day that one wants to sit on the same side of the legal fence as the man who stabbed him. If such strained camaraderie is necessary to collect payment for the injuries, however, on may consider assuming such a bizarre position. This Note discusses such a situation where an assailant and his victim found themselves on the “same side” in the victim’s quest to collect under the stabber’s homeowners insurance policy. The results of this case yield some definitive rules on when Missouri courts will apply the doctrine of collateral estoppel to prevent tort liability insurance …
Get Your Dead Hands Off Me: Beneficiaries' Right To Terminate Or Modify A Trust Under The Uniform Trust Code, Julia C. Walker
Get Your Dead Hands Off Me: Beneficiaries' Right To Terminate Or Modify A Trust Under The Uniform Trust Code, Julia C. Walker
Missouri Law Review
The Law Summary provide a discussion of beneficiaries' right ot terminate or modify a trust and speculates on the impact adoption of the UTC will have on this area of the law In Missouri. This analysis is particularly important, given Missouri's deviation from the majority approach to trust termination or modification in the past.
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiducaries, Paula A. Monopoli
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiducaries, Paula A. Monopoli
Missouri Law Review
The modern academic trend, as embodied in the Uniform Probate Code (“UPC”) and the new Uniform Trust Code (“UTC”), has been to move from a interventionist model of probate toward a minimalist approach to judicial intervention. That model may not be working when it comes to lawyers acting as fiduciaries. The ethical issues and monitoring problems inherent in the confidential relationship that characterizes the attorney/client/fiduciary relationship may warrant more, rather than less, intervention. These monitoring problems and the underlying issues of conflict of interest are particularly acute when the lawyer acting as fiduciary drafted the instrument in which he or …
Suspending The Pardon Power During The Twilight Of A Presidential Term, Gregory C. Sisk
Suspending The Pardon Power During The Twilight Of A Presidential Term, Gregory C. Sisk
Missouri Law Review
In January 2001, the singular executive power to grant official absolution was back in the public spotlight and on the scholarly roundtable with President Bill Clinton's last-minute pardons of or commutations granted to nearly two hundred people, several of which are difficult or impossible to justify.
Come One, Come All But Watch Your Back - Missouri Sides With Business Owners In Negligent Security Action, Matthew J. Landwehr
Come One, Come All But Watch Your Back - Missouri Sides With Business Owners In Negligent Security Action, Matthew J. Landwehr
Missouri Law Review
In terms of sheer volume, premises-liability cases form one of the largest subcategories within the broad spectrum of tort law. Courts are dealing with this influx of lawsuits in a variety of ways. Some courts act as gatekeepers, devising rigid tests to ensure only the most deserving cases get to a jury. Other courts are more lenient, adopting flexible tests that allow more cases to reach juries. Which approach is better is the subject of much debate. This Note will discuss Missouri’s law governing negligent security actions, its application in Hudson v. Riverport Performance Arts Centre, its policy ramifications, and …
In Search Of A Broader Stream Of Commerce Theory: The Eighth Circuit Streams Past Inconsistencies In Favor Of Equitable Results, Richard M. Elias
In Search Of A Broader Stream Of Commerce Theory: The Eighth Circuit Streams Past Inconsistencies In Favor Of Equitable Results, Richard M. Elias
Missouri Law Review
This Note discusses the evolution of the stream of commerce theory. First, it discusses the origin of the theory and the early split amongst state courts. Next, it discusses the modern Supreme Court jurisprudence on the issue, including the plurality decision on Asahi Metal Industry Co. v. Superior Court of California. Finally, this not discusses the evolution of the theory in the Eighth Circuit and argues that, while the case law is inconsistent, the results are equitable.
Does The Missouri Safe Schools Act Past The Test - Expelling Disruptive Students To Keep Missouri's Schools Safe, Cathi M. Kraetzer
Does The Missouri Safe Schools Act Past The Test - Expelling Disruptive Students To Keep Missouri's Schools Safe, Cathi M. Kraetzer
Missouri Law Review
The Missouri Court of Appeals for Easter District of Missouri interpreted the Missouri Safe Schools Act of 1996 in Hamrick ex rel. Hamrick v. Affton School District Board of Education to require a public school to admit for enrollment a student who had been expelled from a non-public school. Shortly after the court’s decision, the Missouri General Assembly amended the dispositive language of Section 167.171.4. It is not clear that public school districts in Missouri can deny enrollment to students suspended or expelled from both public and non-public schools. This Law Summary discusses whether the statutory change furthers the goas …
Special Masters In Bankruptcy: The Case Against Bankruptcy Rule 9031, Paulette J. Delk
Special Masters In Bankruptcy: The Case Against Bankruptcy Rule 9031, Paulette J. Delk
Missouri Law Review
In this Article, the Author attempts to demonstrate that bankruptcy courts regularly hear cases in which the court and the parties could benefit from the services of a special master and that bankruptcy courts are hampered in their ability to handle cases in the most just and efficient manner possible because of their inability to appoint special master. Part II of this Article examines the role of the special master in the federal courts generally. It examines the scope of tasks traditionally performed by special masters, as well as the expanded role that special masters have played in recent years …
Dear President Bush, Carl Tobias
Dear President Bush, Carl Tobias
Missouri Law Review
Written immediately after the 2000 election, this Article outlines the president's contemporary responsibility in shaping the judiciary through judicial appointment.
Burning Down The House: Does Limiting The Innocent Spouse's Right To Recovery Make Sense, Ronald S. Ribaudo
Burning Down The House: Does Limiting The Innocent Spouse's Right To Recovery Make Sense, Ronald S. Ribaudo
Missouri Law Review
Homeowners purchase property insurance to protect themselves from fortuitous yet foreseeable risks, such as lightning strikes, poor electrical wiring, and perhaps, even arson by a stranger. One risk not anticipated is that one’s spouse would intentionally damage or destroy the family home. When this happens, is there coverage? This Note argues that the Missouri Court of Appeals for the Western District of Missouri’s decision in DePalma v. Bates County Mutual Insurance Co. establishes a per se rule of recovery that is flawed in two respects. First, it is inconsistent with the court’s claim that the policy language controlled the court’s …
Fitting A Square Peg Into A Round Hole: The Application Of Traditional Rules Of Law To Modern Technological Advancements In The Workplace, Gregory I. Rasin, Joseph P. Moan
Fitting A Square Peg Into A Round Hole: The Application Of Traditional Rules Of Law To Modern Technological Advancements In The Workplace, Gregory I. Rasin, Joseph P. Moan
Missouri Law Review
In the ever-changing technological environment, the transmission of information has become as simple and as quick as the click of a mouse or the touch of a button. However, the emergence and widespread use of computers, electronic mail, and the Internet in the workplace also has created challenges for employers, their attorneys, and the courts. Specifically, the courts are forced to apply traditional rules of law to modern technological advancements. The lack of symmetry between these two notions has created uncertainty for today’s employer. This Article discusses the impact of new technology on employment law, particularly in the areas of …
Kiss And Tell: Making The Case For The Torious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel
Kiss And Tell: Making The Case For The Torious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel
Missouri Law Review
Recognizing theories of recovery for a tort committed an estimated six million times per year in the United States alone at an annual cost in excess of $4 billion is logical—if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and human papillomavirus (“HPV”), two of the most common, incurable sexually transmitted diseases (“STDs”) in America. Nevertheless, in Deuschle v. Jobe, the Missouri Court of Appeals for the Western District of Missouri took a significant step by acknowledging an unmarried sexual partner’s right to bring negligence and intentional …
Running Aground On The (Shoal) Waters Of The United States: The Supreme Court Invalidates The Migratory Bird Rule, William F. Northrip
Running Aground On The (Shoal) Waters Of The United States: The Supreme Court Invalidates The Migratory Bird Rule, William F. Northrip
Missouri Law Review
For the better part of the last fifty years, the Commerce Clause provided a safe harbor for congressional legislation. However, the legislative landscape began to change with the Supreme Court’s decision in United States v. Lopez. For the first time in nearly sixty years, an act of Congress was invalidated as exceeding the authority granted to Congress by the commerce Clause. As courts applied the stricter standard announced in Lopez, some regulations began to founder under the newly heightened scrutiny. Among the regulations that struggled in these rough waters was 33 C.F.R. § 328.3, the United States Army Corps of …
Don't Fear Carnivore: It Won't Devour Individual Privacy, Thomas R. Mccarthy
Don't Fear Carnivore: It Won't Devour Individual Privacy, Thomas R. Mccarthy
Missouri Law Review
This Article examines the FBI's use of the Carnivore program and it's implication on online privacy.
Nearly Forgotten Supervisory Power: The Wrench To Retaining The Miranda Warnings, The, Nathan E. Ross
Nearly Forgotten Supervisory Power: The Wrench To Retaining The Miranda Warnings, The, Nathan E. Ross
Missouri Law Review
This Comment addresses the supervisory power generally, and it specifically focuses on how the existence of the Court’s supervisory power jurisprudence created a conundrum for the Rehnquist Court’s attempt to preserve the Miranda warnings. Part II traces the history and development of the supervisory power as an independent basis for decision and the alleged sources of this power. Part III analyzes the Court’s decision in Dickerson v. United States, including Justice Scalia’s dissent, within the context of Miranda and Section 3501. Finally, Part IV discusses why the Court chose to constitutionalize the Miranda warnings, instead of invoking it supervisory power, …
Regulation Fd: Leveling The Playing Field For Some But Not For Others, Patrick T. Morgan
Regulation Fd: Leveling The Playing Field For Some But Not For Others, Patrick T. Morgan
Missouri Law Review
This Law Summary will review the SEC’s vision of itself as the investor’s protector. In so doing, this Law Summary considers the workings of the capital markets, the price of information, and the vital role of selective disclosure. Next, this Law Summary outlines the SEC’s previous attempts to regulate selective disclosure. A presentation of Regulation Fair Disclosure follows with a focus on its more salient points for corporate counsel. Finally, the Law Summary concludes with a commentary that is generally skeptical of Regulation Fair Disclosure’s actual results.
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Crime Of Dispassion: Eighth Circuit (Mis)Applies Deshaney In Failing To Hold State Employees Accountable To The Children They Protect, Bryan R. Berry
Missouri Law Review
This Note reviews the legal landscape of Fourteenth Amendment substantive due process theory promulgated by the Supreme Court and discusses the importance of the landmark decision in DeShaney v. Winnebago County Department of Social Services in that context. Next, this Note discusses the treatment of DeShaney by the circuit courts, focusing on two exceptions to DeShaney’s analysis that have been carved out by many courts. This Note then reviews the decision in McMullen, and argues that the court of appeals improperly applied DeShaney to the facts in McMullen and that, in any event, DeShaney is an unfortunate extension of an …
Antitrust Decisions And Legislative Intent, David F. Shores
Antitrust Decisions And Legislative Intent, David F. Shores
Missouri Law Review
While recent decisions leave no doubt that the Court has revised its view concerning the purpose or goals of the antitrust laws, exactly when the revisionist period began is less clear. Continental T.V., Inc. v. GTE Sylvania Inc., was decided in the 1976-77 term. In overruling its decision in United States v. Arnold Schwinn & Co., decided just ten years earlier, the Court relied heavily on the writing of Robert Bork. Bock since has become the leading advocate for the new antitrust thinking. The 1976-77 Supreme court term seems to be a reasonable point of departure. Thus, the article will …
Unbundling Our Tort Rights: Assignability For Personal Injury And Wrongful Death Claims, Patrick T. Morgan
Unbundling Our Tort Rights: Assignability For Personal Injury And Wrongful Death Claims, Patrick T. Morgan
Missouri Law Review
This Note explores the origins of the prohibition on champerty and maintenance in tort litigation. It suggests that a modern understanding appropriate to our mature legal system should allow a tort victim to assign his right to sue and collect damages for a wrongful injury or death. This ability to unbundle this right would lead to an efficient restructuring of incentives in tort liability and open courtroom doors to those currently excluded.
Donkeys, Elephants, And Barney Fife: Are Deputy Sheriffs Policymakers Subject To Patronage Termination, Bryan R. Berry
Donkeys, Elephants, And Barney Fife: Are Deputy Sheriffs Policymakers Subject To Patronage Termination, Bryan R. Berry
Missouri Law Review
This Note examines DiRuzza v. County of Tehama, a recent Ninth Circuit decision that takes a case-specific approach to defining the position of deputy sheriff for the purpose of deciding whether that position involves policymaking and is, therefore, subject to patronage. Furthermore, this Note reviews the landscape of other circuit court decisions on the susceptibility of deputy sheriffs to patronage termination, including the Eighth Circuit’s relative silence on the issue. Finally, this Note argues that the Supreme Court should sanction the approach espoused by DiRuzza in an effort to harmonize what has become cacophonous mix of low court voices on …
Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow
Policy Of Family Privacy: Uncovering The Bias In Favor Of Nuclear Families In American Consitutional Law And Policy Reform, The, Richard F. Storrow
Missouri Law Review
This Article re-examines the landmark cases comprising the backbone of the family privacy doctrine and discloses, within the folds of their rhetoric of individual liberty, a policy of privacy promoting nuclear families. The re-examination of the landmark cases in Part II demonstrates that the policy of family privacy is to foster the creation and longevity of traditional, nuclear families. Part II illustrates how this policy has become more clearly articulated over time through the Court’s restrictive interpretation of fundamental rights and its recent decision in Troxel v. Granville, the much-awaited ruling on grandparental visitation rights. In Part III, this Article …
Little Waste Goes A Long Way: The Recovery Of Response Costs Under Cercla, A, Cathi M. Kraetzer
Little Waste Goes A Long Way: The Recovery Of Response Costs Under Cercla, A, Cathi M. Kraetzer
Missouri Law Review
In Johnson v. James Langley Operating Co., the United States Court of Appeals for the Eighth Circuit held that plaintiffs, in order to impose liability on defendants, need not show that they incurred response costs by acting to contain a release that threatened public health or the environment. By rejecting the Fifth Circuit’s holding in Amoco Oil Co. v. Borden, Inc., the court created a circuit split. This Note argues that the Eighth Circuit’s liberal interpretation of the plain language of CERCLA furthers the goals of the statute more than the Fifth Circuit’s narrow interpretation. This Note also argues that …
Times They Are A-Changin': Personal Jurisdiction In Cyberspace, The, Erica D. O'Loughlin
Times They Are A-Changin': Personal Jurisdiction In Cyberspace, The, Erica D. O'Loughlin
Missouri Law Review
This Note evaluates the difficulty in deciding what type of internet activity will support the exercise of personal jurisdiction over a foreign defendant. There are some discrepancies among the federal court decision as courts have been left to their own devices to decide there issues without guidance form the Supreme Court. As declared by on commentator, and expressed by the United States District Court for the district of Oregon in Millennium Enterprises, Inc. v. Millennium Music, LP, “the case law dealing with the exercise of personal jurisdiction based on an Interactive Website is a ‘current hodgepodge of case law [which] …