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Articles 1441 - 1470 of 3758
Full-Text Articles in Law
Structural Change And Inter-Professional Competitive Advantage: An Example Drawn From Residential Real Estate Conveyancing, Michael Braunstein
Structural Change And Inter-Professional Competitive Advantage: An Example Drawn From Residential Real Estate Conveyancing, Michael Braunstein
Missouri Law Review
This article examines the role of attorneys and other professionals in a highly structured and routine transaction-residential real estate conveyancing. The article explains how United States lawyers lost the monopoly they once enjoyed over residential real estate conveyancing and how structural change, whether economic, technological, or both, influences the demand for professional, including legal services. Part II of this article reviews the academic literature concerning the role of the lawyer in residential real estate transactions. Part III analyzes the structural changes that resulted in the marginalization of lawyers in the residential transaction and demonstrates how the change in structure of …
Missouri Non-Partisan Court Plan: A Dinosaur On The Edge Of Extinction Or A Survivor In A Changing Socio-Legal Environment, The, Jay A. Daugherty
Missouri Non-Partisan Court Plan: A Dinosaur On The Edge Of Extinction Or A Survivor In A Changing Socio-Legal Environment, The, Jay A. Daugherty
Missouri Law Review
Surveys have shown that as America's distrust of the political system increases, so does its unfavorable perception of the judiciary. This article focuses on the challenges to the merit selection of judges. It will provide a historical overview of the Missouri Non-Partisan Court Plan ("the Plan") and its expansion across the country. The article will explore the positive and negative aspects of the Plan and examine traditional criticisms levied against it. Declining voter confidence in merit system states will be discussed, and the article will analyze and report on declining retention percentages in Missouri and their implications on the Plan. …
Is Strict Product Liability In Tort Identical To Implied Warranty In Contract In The Context Of Personal Injuries, Sean M. Flower
Is Strict Product Liability In Tort Identical To Implied Warranty In Contract In The Context Of Personal Injuries, Sean M. Flower
Missouri Law Review
Product liability has evolved from a combination of contract and tort theories. Under current contract analysis a manufacturer is liable for injuries resulting from a product which is "unmerchantable," while under strict liability in tort a manufacturer is liable for injuries resulting from a product which is "defective.” The majority of legal scholars and jurisdictions have found that in the area of personal injury these two underlying tests are synonymous. This means, in effect, that all products found unmerchantable should also be found defective, and vice versa.
Plain English Or Plain Confusing, Dylan Lager Murray
Plain English Or Plain Confusing, Dylan Lager Murray
Missouri Law Review
A "presumption of perfection" attaches to the pattern instructions that Missouri judges read to jurors in every civil case.' Missouri law presumes that these instructions, as set forth in Missouri Approved Jury Instructions("MAI") Fifth Edition, are not only infallible statements of the law, but also perfectly comprehensible to the average juror. Even if jurors in a given case complain that they do not understand a particular pattern instruction, the trial judge is without recourse, required to leave these instructions undisturbed even if a more understandable improvement might result. In contrast to the emphasis in many states upon legal accuracy,' as …
Constitutionality Of Power Of Sale Foreclosures By Federal Government Entities, The, Daniel E. Blegen
Constitutionality Of Power Of Sale Foreclosures By Federal Government Entities, The, Daniel E. Blegen
Missouri Law Review
When loaning money, lenders often require that obligations be secured by a mortgage on real estate owned by the borrowers. In Missouri, the prevailing form of mortgage is the deed of trust with a power of sale provision. Upon default the trustee is allowed to sell the property without a judicial hearing and after giving only limited notice.' The constitutionality of nonjudicial power of sale foreclosures is well settled as applied to private lenders because of the lack of state or federal notice requirements for the particular county, and the mortgagor's only recourse is to pay the entire amount due …
Attorney's Thoughts Remain Inviolate: The Missouri Supreme Court Protects Intangible Work Porduct, An, Kristen Scott Beerly
Attorney's Thoughts Remain Inviolate: The Missouri Supreme Court Protects Intangible Work Porduct, An, Kristen Scott Beerly
Missouri Law Review
The work product rule provides that the tangible and intangible results of an attorney's trial preparation are protected from discovery. This protection extends to the thoughts, mental impressions and opinions of an attorney, as well as to trial preparation materials However, Missouri Rule of Civil Procedure 56.01(b)(4), which sets out the work product rule, refers only to "documents and tangible things" prepared in anticipation of litigation. In 1993, two Missouri appellate courts considered whether intangible work product is protected in Missouri and reached opposite conclusions. In State ex rel. Atchison, Topeka, Santa Fe R.R. Co. v. O'Malley, the Missouri Supreme …
Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, The, George A. Martinez
Res Judicata Effect Of Bankruptcy Court Judgments: The Procedural And Constitutional Concerns, The, George A. Martinez
Missouri Law Review
Should a bankruptcy court's judgment bar further litigation of claims arising out of the series of events at issue in the bankruptcy proceeding based on the doctrine of res judicata? Or should res judicata apply only where the subsequent action would constitute a core,' as opposed to non-core, but related proceeding? These questions raise important procedural and constitutional issues about which the courts of appeals are currently split. In 1984, Congress responded to Northern Pipeline by enacting 28 U.S.C. § 157, which authorizes bankruptcy judges to hear all core proceedings arising under the bankruptcy code. The 1984 Act provides that …
Medical Malpractice Claim--Plaintiff's Privacy Is Protected, Morry S. Cole
Medical Malpractice Claim--Plaintiff's Privacy Is Protected, Morry S. Cole
Missouri Law Review
Under Missouri law, a plaintiff who asserts a personal injury, workers' compensation or other claim based on a medical condition waives the physician-patient testimony privilege to the extent that past medical records are relevant to the asserted injury in time or scope. This Note will examine the development of this exception to Missouri's statutory physician-patient testimonial privilege in the context of State ex rel. Stecher v. Dowd, the recent Missouri Supreme Court case that reaffirmed the requirement that discovery of a plaintiffs past medical history may not be overly expansive.
Unlikely Pair: Equitable Construction And The Irc--Supreme Court Construes The Irc To Permit Third Party Standing To Challenge The Tax Collection Activities Of The Irs, An, Robert F. Epperson Jr.
Unlikely Pair: Equitable Construction And The Irc--Supreme Court Construes The Irc To Permit Third Party Standing To Challenge The Tax Collection Activities Of The Irs, An, Robert F. Epperson Jr.
Missouri Law Review
To bring suit against the Internal Revenue Service [hereinafter "Service"] a taxpayer must first cite an act of Congress which waives the Service's protection from lawsuits under the doctrine of sovereign immunity. 28 U.S.C. § 1346(a)(1) permits an individual to bring an action in the district courts for recovery of taxes alleged to have been wrongfully collected by the federal government. The scope of this section, unfortunately, is in dispute as to who has standing to challenge the collection activities of the Internal Revenue Service. As a general rule, citizens cannot challenge the tax liabilities of a third party There …
In Memory Of Jo Ann Humphreys, Associate Director Of The Umc School Of Law Library, Martha J. Dragich
In Memory Of Jo Ann Humphreys, Associate Director Of The Umc School Of Law Library, Martha J. Dragich
Missouri Law Review
Jo Ann Humphreys, Associate Director of the Law Library, died of ovarian cancer on October 19, 1996. She struggled valiantly against this dreadful disease for many months, and endured difficult treatments with courage, nobility and grace that amazed us all.
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Missouri Law Review
Remarks from United States District Judge Nanette Laughrey during her investitute ceremony on September 27, 1996.
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Missouri Law Review
In October 1994, Congress approved the Bankruptcy Reform Act of 1994,' which revised various provisions of the United States Bankruptcy Code. The revisions included two amendments to the preference statute, 11 U.S.C. §547. Historically, a creditor generally could preserve from preference attack an otherwise voidable purchase money security interest if the creditor perfected its security interest no later than the tenth day after the debtor first possessed the collateral. After first discussing the basics of a preference attack on an Article Nine security interest, this article summarizes the leading cases that prompted Congress to amend 11 U.S.C. § 547(c)(3)(B), suggests …
Empirical Analysis Of Bankruptcy Certiorari, An, Robert M. Lawless, Dylan Lager Murray
Empirical Analysis Of Bankruptcy Certiorari, An, Robert M. Lawless, Dylan Lager Murray
Missouri Law Review
Few scholars have explored the Supreme Court's role in creating private law, a surprising oversight given that private law often affects the lives of individuals as much as public law. This article focuses on one area of private law: federal bankruptcy law. The Court is the Bankruptcy Code's final arbiter. In addition to the social benefits and costs of the federal bankruptcy system, vast amounts of financial wealth depend on the Court's bankruptcy decisions. This article analyzes data from every certiorari petition involving either a bankruptcy case or an issue of bankruptcy law since the Bankruptcy Code's 1978 enactment.' Part …
Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz
Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz
Missouri Law Review
Title VII of the Civil Rights Act of 19642 ("Title VII") prohibits employment discrimination Although no question exists that "employers" are liable for their discriminatory acts as well as for their agents' acts that occur within the scope of employment,4 a conflict exists among the federal circuits regarding whether Title VII's definition of "employer" also imposes individual liability upon the employer's agent. The Seventh Circuit answered this question for its circuit in Williams v. Banning.'
Can You Keep A Secret--You May Discover The Answer Is Yes Under Missouri's Privilege For Trade Secrets, Brian R. Mcginley
Can You Keep A Secret--You May Discover The Answer Is Yes Under Missouri's Privilege For Trade Secrets, Brian R. Mcginley
Missouri Law Review
This Note examines which factors give rise to classification of information, patterns, formulas and the like as "trade secrets." Missouri's legislature, in its Uniform Trade Secrets Act, has offered a noncomprehensive definition of "trade secret."' While this and other proffered definitions provide some guidance, attempting to define any term of art cannot be done in absolute measures.
Miranda In Custody Determinations: Mixed Question Of Fact And Law, Avani S. Kherdekar
Miranda In Custody Determinations: Mixed Question Of Fact And Law, Avani S. Kherdekar
Missouri Law Review
This Note explores how the "in custody" determination was historically viewed and addresses the impact of the Court's holding that it is a "mixed" question of fact and law
Cumulative Subject Index For Volumes 59-61
Active Employment Standard: Much-Needed Clarification For Determining Liability For Use Of A Weapon During The Commission Of A Drug-Related Crime, The, Tiffany Gulley Becker
Active Employment Standard: Much-Needed Clarification For Determining Liability For Use Of A Weapon During The Commission Of A Drug-Related Crime, The, Tiffany Gulley Becker
Missouri Law Review
In Bailey v. United States, the Supreme Court reduced the confusion caused by an era of contradiction among the circuits regarding the standard necessary to maintain a conviction for "us[ing]" a firearm "during and in relation to" a drug trafficking crime. In its seeming departure from an earlier authorization of a broad definition of "use," the Supreme Court altered its course and provided a new and clearer test for criminal liability under this section. In so doing, the Court settled the ultimate question debated so intensely in the circuit courts of appeal and emerged with a more workable standard.
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder
Missouri Law Review
People are articles of commerce, or so the United States Supreme Court held in 1941, emphasizing that the issue was "settled beyond question." At the time, Justice Jackson expressed some discomfort with the theory that "the migrations of a human being... [are] commerce." The Court, however, has not wavered from this analytical position. Indeed, like many legal constructs, it has inspired little reflection. My hope is to search for what Toni Morrison describes as "the shadows of the presence from which the text has fled."" I believe that the Court's nineteenth-century opinions on immigration under the Commerce Clause reveal the …
Law Of Directed Trustees Under Erisa: A Proposed Blueprint For The Federal Courts, The, Colleen E. Medill
Law Of Directed Trustees Under Erisa: A Proposed Blueprint For The Federal Courts, The, Colleen E. Medill
Missouri Law Review
Congress enacted the Employee Retirement Income Security Act ("ERISA"), the federal law governing private employer-sponsored employee benefit plans, over twenty years ago. Since that time, private retirement plan funds have become an even more dominant element of United States savings and capital markets. In 1992, the most recent year for which data is available, private retirement plan assets exceeded two trillion dollars, almost a ten-fold increase over 1975 asset levels. "Discretionary" trustees have exclusive discretionary authority to manage and control plan assets.' "Directed" trustees manage and control plan assets subject to the directions of another fiduciary named in the document …
Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne
Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne
Missouri Law Review
The following bibliography was compiled to assist lawyers and scholars in researching agricultural law topics.
Everything You Wanted To Know About Missouri's Public Policy Exception But Didn't Know You Should Ask, Joseph H. Knittig
Everything You Wanted To Know About Missouri's Public Policy Exception But Didn't Know You Should Ask, Joseph H. Knittig
Missouri Law Review
In a wrongful discharge action based on the public policy exception to the employment-at-will doctrine courts created a sleeper claim favoring terminated at will employees.' Generally, Missouri courts categorically constrain the public policy exception in a narrow and clear cut fashion. However, some Missouri courts pushed and rubbed at the bright lines of those categories and created a hazy area of unpredictability in the exception. In addition, federal courts interpreting the Missouri public policy exception introduced a significant pre-emption dispute which Missouri state courts have yet to address.
Life After Adarand: The Future Is Not So Clear, Charles J. Dykhouse
Life After Adarand: The Future Is Not So Clear, Charles J. Dykhouse
Missouri Law Review
African-American scholar and statesman W.E.B. DuBois "predicted in 1908 that the question of this century would be the 'color-line,' meaning the relations between the white and African-American races." The Supreme Court of the United States has now decided in Adarand that any such program, whether federal, state, or local, must be analyzed with strict scrutiny to determine if it violates the Equal Protection Clause. In so doing, the Court dramatically changed the landscape of affirmative action programs in this country.
Stepparent Adoption And Involuntary Termination Of Parental Rights: When Petitioners Come To Court With Unclean Hands, Karl A. W. Demarce
Stepparent Adoption And Involuntary Termination Of Parental Rights: When Petitioners Come To Court With Unclean Hands, Karl A. W. Demarce
Missouri Law Review
Missouri courts have repeatedly been presented with situations where the petitioners for involuntary termination of parental rights and stepparent adoption have actively interfered with the non-custodial parent's relationship and visitation rights with the child, prior to bringing the action. This Note contends that where the custodial parent and his/her new spouse have significantly interfered with the non-custodial parent's relationship with the child, the equitable maxim of "unclean hands" should be invoked and the doors of the juvenile court closed to the petitioners seeking a termination of parental rights and stepparent adoption.6 Although adoption is a purely statutory action, it clearly …
Balancing The Equities: Is Missouri Adopting A Progressive Rule For Relocation Of Easements, Douglas B. Harris
Balancing The Equities: Is Missouri Adopting A Progressive Rule For Relocation Of Easements, Douglas B. Harris
Missouri Law Review
The Missouri law of easements might not be the place one would expect to find a progressive development of the law. Over the past four decades, some courts have begun to shake up Missouri's approach to relocation of easements, while still paying lip service to the old rules. Although Missouri courts have neither openly nor uniformly recognized the new approach, it nonetheless guides some courts' decisions. With a few distinctions, Missouri courts have experimented with what amounts to adoption of the Restatement (Third) of the Law of Property's progressive stance.' An examination of Umphres reveals this modem approach to a …