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Articles 1291 - 1320 of 3741
Full-Text Articles in Law
Just What The Doctor Ordered--Or Was It: Missouri Pharmacists' Duty Of Care In The 21st Century, Michele L. Hornish
Just What The Doctor Ordered--Or Was It: Missouri Pharmacists' Duty Of Care In The 21st Century, Michele L. Hornish
Missouri Law Review
Recent studies have suggested that up to five percent of all prescriptions filled in hospitals contain errors. Medical commentators have expressed concern that this figure may be even higher for outpatient prescription. As a result of medication errors, patients suffer uncomfortable and even traumatic results in the form of “adverse drug events,” while the health care system incurs needless costs. These adverse drug events are normally preventable, and are considered to be a current problem by hospital administrators and doctors alike. Now, courts are beginning to recognize the problem, and have suggested a solution by adopting a heightened standard of …
Learned Intermediary Doctrine In The Age Of Direct Consumer Advertising, The, Bradford B. Lear
Learned Intermediary Doctrine In The Age Of Direct Consumer Advertising, The, Bradford B. Lear
Missouri Law Review
Traditionally drug manufacturers have been excused from the general duty to warn consumers about the risks associated with their products by the learned intermediary doctrine. Though the doctrine has a sound grounding in public policy, drug companies have recently employed marketing strategies that undermine the usefulness of the learned intermediary rule. In Doe v. Alpha Therapeutic Corp., the Missouri Court of Appeals for the Eastern District of Missouri recently addressed whether the learned intermediary doctrine can be used as a defense when a drug company markets a product directly to consumers. This Note discusses the learned intermediary defense and its …
Mental-Mental Claims--Placing Limitations On Recovery Under Workers' Compensation For Day-To-Day Frustrations, Natalie D. Riley
Mental-Mental Claims--Placing Limitations On Recovery Under Workers' Compensation For Day-To-Day Frustrations, Natalie D. Riley
Missouri Law Review
No abstract provided.
Could Somebody Call A Doctor--On-Call Physicians And The Duty To Treat, Jane Drummond
Could Somebody Call A Doctor--On-Call Physicians And The Duty To Treat, Jane Drummond
Missouri Law Review
The law of negligence imposes few affirmative duties on actors in society. In the medical profession specifically, negligence law traditionally contains no requirement that a physician provide medical treatment to those in need absent an existing relationship between the doctor and patient. Yet there has long been the sense that doctors owe a higher duty to the public, and courts are finding ways to redefine the doctor-patient relationship to allow plaintiffs greater access to claims for a physician’s failure to render care. In Millard v. Corrado, the Missouri Court of Appeals for the Easter District of Missouri provides plaintiffs with …
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Missouri Law Review
Since the enactment of the Education Amendments of 1972, a major issue facing the National Collegiate Athletic Association ("NCAA") and its member schools has been the applicability of Title IX of the Amendments to those organizations. Title IX provides that no organization that operates educational programs may discriminate on the basis of sex if that program receives federal financial assistance Like many other federal antidiscrimination acts, the main debate under Title IX involves when a particular organization can be deemed to be "receiving" federal financial assistance. While the majority of NCAA member schools receive federal funds, the NCAA as an …
High Profile Cases In A Technological Age, Susan Webber Wright
High Profile Cases In A Technological Age, Susan Webber Wright
Missouri Law Review
What I will try to describe this afternoon is the confluence of these two developments: the increased interest in courts, particularly the high-profile case, and the development and spread of sophisticated technology. As a social and public institution, the courts are obligated to address public demands not only by providing a forum for the administration of justice, but also by providing the means by which interested members of the public can observe court proceedings and gain access to public documents. I will describe some of the things courts are doing to respond to these demands. Next, I will try to …
Private Concerns Of Private Plaintiffs: Revisiting A Problematic Defamation Category, Nat Stern
Private Concerns Of Private Plaintiffs: Revisiting A Problematic Defamation Category, Nat Stern
Missouri Law Review
Part I of the Article traces the route to the Court's decision to add the public/private concern inquiry to the complex4 body of defamation doctrine, as well as the potential impact of this distinction beyond the context in which it was first promulgated. Part II reviews courts' efforts to categorize defamatory speech in a rational way, seeking to demonstrate that this goal has inevitably eluded them. From a broader perspective, Part III examines the Court's longstanding ambivalence toward elevating speech of a presumably public nature over other expression. Against this backdrop, the Court's decision to distinguish between public and private …
Missouri's Workers' Compensation Law: Expanding The Definitions Of Medical Treatment And Medical Necessity, Jean M. Guignon
Missouri's Workers' Compensation Law: Expanding The Definitions Of Medical Treatment And Medical Necessity, Jean M. Guignon
Missouri Law Review
The purpose of workers' compensation law is to relieve society from the burden of providing support to workers injured on the job by shifting the burden onto the employer. With advances in medical technology, Missouri courts have struggled to define "medical treatment' and "medical necessity" for the purpose of compensating injured workers. The Missouri Court of Appeals for the Western District of Missouri in Mickey v. City Wide Maintenance addressed the situation when a worker could recover for a service not explicitly covered under the definition of "medical treatment." The court found that a specially equipped van was "medical treatment" …
Innovation Or Illegitimacy: Remedial Receivership In Tinsley V. Kemp Public Housing Litigation, Carolyn Hoecker Luedtke
Innovation Or Illegitimacy: Remedial Receivership In Tinsley V. Kemp Public Housing Litigation, Carolyn Hoecker Luedtke
Missouri Law Review
Through an analysis of Tinsley v. Kemp,' a decade-long institutional reform case aimed at changing Kansas City, Missouri public housing, this Article engages in a case study focused on the receivership remedy in practice. Part I chronicles the decade of litigation and remedial results that turned around the troubled Kansas City Housing Authority ("Housing Authority"). Part II examines the efficacy and legitimacy of court displacement of government actors in the context of institutional reform litigation and compares receivership to other remedial alternatives. Part IMI concludes that while receivership has unique attributes, it is not a wholly extraordinary remedial measure. It …
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Missouri Law Review
The proliferation of television shows such as "Cops" evidences how common it has become for members of the media to accompany law enforcement officers while they perform their daily duties. This recent proliferation has sparked questions as to when the media's involvement in law enforcement impinges on an individual's constitutional rights. The federal courts of appeals have disagreed over whether the Fourth Amendment is violated when the media tags along with law enforcement officers executing a warrant in a private home. In Wilson v. Layne and Hanlon v. Berger, the United States Supreme Court settled the debate over this issue …
Participatory Rulemaking In State Government: A Managed Care Success Story, Thomas D. Bixby
Participatory Rulemaking In State Government: A Managed Care Success Story, Thomas D. Bixby
Missouri Law Review
In June 1997, the Missouri Department of Insurance ("DOI") was presented with a massive undertaking: implementation of Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill 335 ("HB 335"). The bill enacted sweeping reforms of the managed health care system, incorporating "some of the strongest consumer protections in the country." Prior to 1997, the DOI's authority over managed care, and hence its expertise, was limited. Furthermore, the bill contained a variety of controversial and complex issues, so implementation of the legislation was certain to be difficult both politically and technically. This Comment examines …
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Missouri Law Review
Whether patients who obtain their health coverage through private employment ought to be able to sue managed care plans for injuries resulting from coverage denials has been a significant health policy issue for years. The debate became more intense as recent judgments against major managed care plans highlighted the inequity caused by the preemption provisions in federal employment law
Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore
Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore
Missouri Law Review
This Article explains why partial privatization would likely have a disproportionately adverse effect on the benefits of three specific subpopulations: women, minorities, and lower-income workers. The Article focuses on these three groups principally because they are at a heightened risk of poverty in old age.' Since one of the fundamental purposes of Social Security is to provide for progressive redistribution to lift the elderly out of poverty, policymakers should be (and are)' concerned with how Social Security reform would likely affect these subpopulations.' Of course, not all women and minorities are at heightened risk of poverty in old age.' s …
Rule Of Law(Yers), The, Robert F. Cochran Jr.
Rule Of Law(Yers), The, Robert F. Cochran Jr.
Missouri Law Review
In recent years, several lawyers and law professors have written books about the decline of ethical behavior in the legal profession.' They have found that lawyers are more adversarial, less civil, less honest, less concerned with justice, and less happy than in the past.2 Associates are less loyal to firms, and firms are less loyal to associates. 3 Many lawyers lament what the profession has become. They wonder whether they do a good thing. "Can I be a lawyer and a good person?" "Do lawyers add to the misery of the world?"
Excluding The Exclusionary Rule In Driver's License Suspension And Revocation Hearings, Michele L. Hornish
Excluding The Exclusionary Rule In Driver's License Suspension And Revocation Hearings, Michele L. Hornish
Missouri Law Review
The exclusionary rule is a "judicially created remedy designed to safeguard Fourth Amendment rights," which provides for the suppression of primary and derivative evidence obtained from an illegal search. While often applied in criminal cases, in United States v. Calandra,3 the United States Supreme Court utilized a balancing test to determine whether to apply the rule in non-criminal contexts.4 Suppression of evidence in accordance with the exclusionary rule in both criminal and non-criminal cases has been criticized in many circles,5 with the debate recently resurfacing after the Supreme Court declined to apply the rule in administrative parole revocation proceedings.6 That …
What You Know About And Don't Deal With Can Cost You: A School District's Potential Liability For Student-On-Student Sexual Harassment, Monica D. Hutchinson
What You Know About And Don't Deal With Can Cost You: A School District's Potential Liability For Student-On-Student Sexual Harassment, Monica D. Hutchinson
Missouri Law Review
The first national study of sexual harassment in public schools indicated that eighty-five percent of girls and seventy-six percent of boys in grades eight through eleven have experienced sexual harassment; seventy-nine percent of those reporting sexual harassment said that other students were the perpetrators.' With so many students being harassed, it is no wonder that some of them have turned to teachers, principals, and parents to remedy the problem. However, what should a child and her parent do when a principal responds by asking, "Why is [your daughter] the only one complaining?, 3 or when a teacher says, "Boys will …
Erisa's Quantity Vs. Quality Doctrine: The Eighth Circuit Limits Recovery Against An Hmo By Completely Preempting State Law, Jeremy P. Brummond
Erisa's Quantity Vs. Quality Doctrine: The Eighth Circuit Limits Recovery Against An Hmo By Completely Preempting State Law, Jeremy P. Brummond
Missouri Law Review
Health Maintenance Organizations ("HMOs") were developed to facilitate the provision of effective care at low prices to plan members. To attain this purpose, HMOs have been required to act as both providers who administer care and gatekeepers who can deny access to care.3 The Employee Retirement Income Security Act ("ERISA"), praised as "the greatest development in the life of the American Worker since Social Security,"4 regulates plans administered by IMOs. Congress has stated explicitly that ERISA was enacted to promote the interests of employees and their beneficiaries in employee benefit plans.5 In drafting ERISA, Congress sought to protect plan beneficiaries …
Indirect Purchaser Doctrine: Antecedent Transaction, The, Jill S. Kingsbury
Indirect Purchaser Doctrine: Antecedent Transaction, The, Jill S. Kingsbury
Missouri Law Review
Section Four of the Clayton Act,2 the treble-damage action provision of the federal antitrust laws, was intended to foster and encourage competition by allowing private enforcement of the antitrust laws. The ever-present threat of a private action for treble-damages serves as a deterrent to anyone contemplating business activities in violation of the antitrust laws and offers the possibility of compensation to victims injured by anti-competitive activities.3 The Supreme Court's decision in illinois Brick Co. v. lllinois4 defined the reach of the trebledamage provision by holding that only direct purchasers of illegally monopolized products or services have standing to sue under …
Choice Of A New Generation: Can An Advertisement Create A Binding Contract, The, Lindsay E. Cohen
Choice Of A New Generation: Can An Advertisement Create A Binding Contract, The, Lindsay E. Cohen
Missouri Law Review
Merchants who advertise their products generally intend to deal according to the terms of their advertisements. For the most part, "Dealers of Goods" are happy to receive offers induced by their advertisements.2 This would account for why there are relatively few cases concerning whether advertisements can create binding contracts. Only in unusual circumstances does a consumer seek to establish that an offer was made by an advertisement, which if accepted would create a contract.3 This Note evaluates one such unusual circumstance, and the options a court faces in resolving that type of a disagreement.
Polygraph Evidence: Where Are We Now, Michael J. Ligons
Polygraph Evidence: Where Are We Now, Michael J. Ligons
Missouri Law Review
Polygraph evidence has been the pariah of the courtroom since the adoption of the "general acceptance" test for the admission of scientific evidence in Frye v. United States.' While the Frye court's decision to exclude lie detector evidence was correctly based upon the state of polygraph technology at that time, many courts have subsequently failed to recognize the many advances in polygraphy and have excluded test results without further consideration.2 Indeed, polygraph evidence seems to be considered by courts, in practice if not in actual theory, to be sui generis. Recent trends toward the recognition of polygraph evidence as having …
Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel
Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel
Missouri Law Review
Historically, a doctrine has existed within the area of unauthorized practice of law regulation which holds that a corporation or other entity cannot be licensed to practice law and thus cannot legally practice law. Even if the entity hires as an employee an attorney duly licensed to render the service, the doctrine forbids the attomey from representing any party other than the employer because if the attorney were to represent a third party, the entity, a nonlawyer, would be representing the third party, and this would violate the rule that corporations may not practice law.2 The primary motivating rationale of …
Deserving Disabilities: Why The Definition Under The Americans With Disabilities Act Should Be Revised To Eliminate The Substantial Limitation Requirement, Cheryl L. Anderson
Deserving Disabilities: Why The Definition Under The Americans With Disabilities Act Should Be Revised To Eliminate The Substantial Limitation Requirement, Cheryl L. Anderson
Missouri Law Review
A commentator on a public radio program recently spoke in favor of the Americans with Disabilities Act ("ADA") by asserting that "[t]he blind, deaf, and crippled really do deserve our help."' Although this commentator purported to support the ADA, his actual message was that the definition of "disability" in the Act is excessively vague and allows individuals not "deserving" of legal protection, such as persons with back impairments and mental impairments, to, in his words, "[hitch] a ride on the disability bandwagon."2 His argument that the ADA should reach only the claims of "deserving" individuals with disabilities has had powerful …
Respecting Your Elders: The Highly Marketable Skills Standard For Social Security Disability Claimants Over Age Sixty, Thomas G. Pirmantgen
Respecting Your Elders: The Highly Marketable Skills Standard For Social Security Disability Claimants Over Age Sixty, Thomas G. Pirmantgen
Missouri Law Review
As individuals age, they may face barriers to obtaining employment that did not exist for them when they were younger. Age thus may become a factor in any assessment of the likelihood that persons will successfully find new work. For Social Security disability benefits claimants under age fifty, age is generally not considered to present an obstacle to adjusting to new employment contexts. However, for claimants over age fifty, age is acknowledged as a factor that may significantly impact their ability to adjust to new work
Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Missouri Law Review
The Missouri Court of Appeals for the Western District of Missouri ruled, in a case of first impression, that causes of action for legal malpractice are nonassignable. The court found that permitting assignments would be contrary to public policy because assignments would create a marketplace for legal malpractice claims, jeopardize the attorney's duties of loyalty and confidentiality to the client, and restrict access to competent legal services. This Note agrees with the court's result but will explore and challenge the public policy arguments against assignment of legal malpractice claims.
Those With Disabilities Take Heed: Eighth Circuit Suggests That Ada May Not Protect Those Who Fail To Control A Controllable Disability, Brian T. Rabineau
Those With Disabilities Take Heed: Eighth Circuit Suggests That Ada May Not Protect Those Who Fail To Control A Controllable Disability, Brian T. Rabineau
Missouri Law Review
Finding that millions of Americans suffer discrimination as a result of a disability, the federal government enacted the Americans with Disabilities Act ("ADA") in an attempt to rectify and prevent such injustice.2 For the most part, many will find themselves within the ADA's protection. At times, however, an individual may be unable to establish a prima facie case of discrimination, thereby finding himself excluded In Burroughs v. City of Springfield, a case of first impression, the Eighth Circuit considered whether the ADA's protection extends to one who fails to control his diabetes.' The court determined that failure to control a …