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Articles 1351 - 1380 of 3741
Full-Text Articles in Law
Fighting Corruption At The Local Level: The Federal Government's Reach Has Been Broadened, Kay Bartelson Perry
Fighting Corruption At The Local Level: The Federal Government's Reach Has Been Broadened, Kay Bartelson Perry
Missouri Law Review
The Racketeer Influenced and Corrupt Organizations Act (RICO)2 has produced a complex body of law. One area within the Act, conspiracy to violate the substantive provisions of RICO under Section 1962(d), has produced contrary views in the federal courts of appeals as to whether one must agree to personally commit the illegal, predicate acts, or whether one need only agree that another member of the conspiracy commit the acts. The United States Supreme Court has now settled the debate over this issue by holding that one need only agree that some member of the enterprise will commit the predicate act
Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen
Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen
Missouri Law Review
This is a case of too much and too little. It represents one court's attempt to deal with problems created by too much Congressional guidance in one area of the Bankruptcy Code and too little guidance in another. In 1994, Congress revised 11 U.S.C. § 106, adding a provision declaring that when a state files a claim in a bankruptcy proceeding, it has waived its sovereign immunity as to that claim.2 Two years later, the United States Supreme Court,.in Seminole Tribe v. Florida,3 limited Congress's power to expand Article I judicial powers to the Eleventh Amendment . The In re …
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Constitutional Protection For Conversations Between Therapists And Clients, Paul E. Salamanca
Missouri Law Review
People have long perceived a connection between mental and even physical illness and spiritual anguish. Yet, modem culture tends to view both types of illness from an increasingly medical perspective, seeking a genetic or environmental explanation. In most cases, this "medical model" is probably the best approach, even if it is imperfect. First, the purely medical explanation may be accurate. Second, even if it is not accurate, treating the symptoms of a disease with a spiritual source is probably far easier than treating the source itself. Ultimately, however, we must take note that disease is often not the result of …
Rise Of Duty And The Fall Of In Loco Parentis And Other Protective Tort Doctrines In Higher Education Law, The, Peter F. Lake
Rise Of Duty And The Fall Of In Loco Parentis And Other Protective Tort Doctrines In Higher Education Law, The, Peter F. Lake
Missouri Law Review
The story of twentieth century higher education student safety law' is the gradual application of typical rules of civil liability to institutions of higher education and the decline of insulating doctrines, such as in loco parentis,2 which traditionally protected institutions of higher learning from scrutiny in the legal system. A series of recent events have brought public (and legal) attention to questions about the legal rules governing university responsibility for student injuries.3 In recent times, courts have reversed a long-standing tradition of protecting universities from civil liability for physical injury to students arising
Wrongful Life, Wrongful Birth, Wrongful Death, And The Right To Refuse Treatment: Can Reasonable Jurisdictions Recognize All But One, Mark Strasser
Wrongful Life, Wrongful Birth, Wrongful Death, And The Right To Refuse Treatment: Can Reasonable Jurisdictions Recognize All But One, Mark Strasser
Missouri Law Review
One of the most controversial birth-related torts is the wrongful life action in which a plaintiff sues for damages, claiming that he would have been better off never having lived at all and, but for defendant's negligence, would not in fact have lived. Most jurisdictions refuse to recognize this cause of action. However, the justifications for those refusals are often unpersuasive, since the acceptance of those rationales would imply that other existing practices must be changed. For example, although wrongful life and wrongful birth are different actions involving different duties and harms, many of the rationales for and against recognizing …
Living A Lie: The Cost Of Qualified Immunity, Diana Hassel
Living A Lie: The Cost Of Qualified Immunity, Diana Hassel
Missouri Law Review
Throughout the modem civil rights era,' a silent struggle has been waged over civil liability for the violation of constitutional rights. The issues struggled with are what kinds of constitutional wrongs should be compensated and out of whose purse the damages should come. The mechanism for resolution of these issues has largely been the application of immunity defenses to civil rights remedies. A system of immunity defenses has been overlaid on the broad remedy provided by 42 U.S.C. § 1983 (hereinafter "Section 1983Y').2 A determination of the scope of the immunity defense-which government officials should get it and how much-has …
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Federal Jurisdiction Over Juveniles: Who Decides , Alicia K. Embley
Missouri Law Review
Because of the increase in the number and severity of violent crimes committed by juveniles, public demand for harsher penalties and proceedings for young offenders also increases each year.2 Congress has responded to the public outcry by enacting numerous pieces of legislation that mandate federal juvenile accountability. This legislation represents a drastic departure from the federal government's traditional policy of leaving juvenile justice affairs to the states. One of the many congressional acts in the past decades confers federal jurisdiction upon prosecution of juveniles who commit serious violent or drug related crimes if the United States Attorney certifies that the …
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean
Missouri Law Review
Evidence of other crimes, or uncharged misconduct evidence as it is commonly called, has been important in many criminal trials, including such well-publicized trials as that of O.J. Simpson for murder and those of William Kennedy Smith and Mike Tyson for rape.2 Furthermore, this type of evidence is important because studies have shown that admission of uncharged misconduct evidence greatly increases the likelihood that a jury will find the defendant guilty.3 State v. Skillicorn4 presents a look at the current state of the law concerning admission of other crimes evidence in Missouri. The case illustrates the difficulty in applying current …
Missouri Law Regarding Punitive Damages And The Doctrine Of Remittitur, Edward S. Stevens
Missouri Law Regarding Punitive Damages And The Doctrine Of Remittitur, Edward S. Stevens
Missouri Law Review
The imposition of punitive damages can devastate defendants, be they individuals or large corporations. Fortunately for these defendants, the jury does not have the final word on the amount of damages. This Note addresses the circumstances under which punitive damages are available in Missouri and when the doctrine of remittitur will be used so that damage awards comport with Missouri's prohibition against excessive awards and the Due Process Clause of the Fourteenth Amendment.
Cumulative Subject Index For Volumes 61-63
Global Economy And The Foreign Corrupt Practices Act: Some Facts Worth Knowing, J. Lee Johnson
Global Economy And The Foreign Corrupt Practices Act: Some Facts Worth Knowing, J. Lee Johnson
Missouri Law Review
No abstract provided.
Missouri Adds Suspenders To A Job Accomplished By A Belt: Application Of Fre 702 To Psychologists' Testimony On Medical Causation, Stacey A. Turley
Missouri Adds Suspenders To A Job Accomplished By A Belt: Application Of Fre 702 To Psychologists' Testimony On Medical Causation, Stacey A. Turley
Missouri Law Review
No abstract provided.
Justice Blackmun, Franz Kafka, And Capital Punishment, Martha J. Dragich
Justice Blackmun, Franz Kafka, And Capital Punishment, Martha J. Dragich
Missouri Law Review
No abstract provided.
Why Proving Defendant's Motive With The Victim's State Of Mind Sometimes Makes Sense--Despite What Missouri Says, Robyn L. Anderson
Why Proving Defendant's Motive With The Victim's State Of Mind Sometimes Makes Sense--Despite What Missouri Says, Robyn L. Anderson
Missouri Law Review
No abstract provided.
Don't Tell Me What To Say: Compelled Commercial Speech And The First Amendment, Nicole B. Casarez
Don't Tell Me What To Say: Compelled Commercial Speech And The First Amendment, Nicole B. Casarez
Missouri Law Review
No abstract provided.
Reporter's Shield Privilege Is Alive And Well In Missouri, The, Ryan S. Fehlig
Reporter's Shield Privilege Is Alive And Well In Missouri, The, Ryan S. Fehlig
Missouri Law Review
No abstract provided.
Are Schools Liable For Student-On-Student Sexual Harassment Under Title Ix, Meredith M. Todd
Are Schools Liable For Student-On-Student Sexual Harassment Under Title Ix, Meredith M. Todd
Missouri Law Review
No abstract provided.
Vicarious Liability For Volunteers: Should Missouri Courts Consider New Standards, Alicia K. Embley
Vicarious Liability For Volunteers: Should Missouri Courts Consider New Standards, Alicia K. Embley
Missouri Law Review
No abstract provided.
Cercla Response Costs And Cgl Policies: Insureds Find A Favorable Forum In Missouri, Ryan S. Fehlig
Cercla Response Costs And Cgl Policies: Insureds Find A Favorable Forum In Missouri, Ryan S. Fehlig
Missouri Law Review
No abstract provided.
Tribute To Professor Richard B. Tyler, A, William B. Fisch
Tribute To Professor Richard B. Tyler, A, William B. Fisch
Missouri Law Review
No abstract provided.
What You See Is What You Get: Applying The Appearance Of Impropriety Standard To Prosecutors, Roberta K. Flowers
What You See Is What You Get: Applying The Appearance Of Impropriety Standard To Prosecutors, Roberta K. Flowers
Missouri Law Review
No abstract provided.
Other Constituency Statutes, Richard B. Tyler
Other Constituency Statutes, Richard B. Tyler
Missouri Law Review
No abstract provided.
Buck Stops Here: Peaceable Repossession Is A Nondelegable Duty, The, Christopher P. Bennett
Buck Stops Here: Peaceable Repossession Is A Nondelegable Duty, The, Christopher P. Bennett
Missouri Law Review
No abstract provided.
Going, Going, Almost Gone: The Loss Of Employees' Rights To Bring Statutory Discrimination Claims In Court, Justin M. Dean
Going, Going, Almost Gone: The Loss Of Employees' Rights To Bring Statutory Discrimination Claims In Court, Justin M. Dean
Missouri Law Review
No abstract provided.
Retrospective Lawmaking In Missouri: Can School Districts Assert Any Constitutional Rights Against The State, Matthew D. Turner
Retrospective Lawmaking In Missouri: Can School Districts Assert Any Constitutional Rights Against The State, Matthew D. Turner
Missouri Law Review
No abstract provided.
Conflict Of Balances: The Adjudication Of Missouri Human Rights Act Claims In Federal Court, Paul D. Seyferth, Joseph H. Knittig
Conflict Of Balances: The Adjudication Of Missouri Human Rights Act Claims In Federal Court, Paul D. Seyferth, Joseph H. Knittig
Missouri Law Review
No abstract provided.
Simple Suggestion For Overriding The Line-Item Veto, A, Robert M. Lawless
Simple Suggestion For Overriding The Line-Item Veto, A, Robert M. Lawless
Missouri Law Review
No abstract provided.