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Articles 1471 - 1500 of 3758
Full-Text Articles in Law
Collateral Source Rule In Missouri: Questioning The Double Recovery Doctrine, The, Tiffany Gulley Becker
Collateral Source Rule In Missouri: Questioning The Double Recovery Doctrine, The, Tiffany Gulley Becker
Missouri Law Review
The collateral source rule provides that “in an action for compensatory damages the defendant will not be permitted to establish that the plaintiff did not actually sustain the amount of injury alleged, if diminution resulted from the conduct of a third person." In Washington v. Barnes Hospital, the Missouri Supreme Court confronted the issue of the rule's applicability to free public special education benefits.' The issue had only been addressed by the courts of a few states and was one of first impression in Missouri.' Adopting the minority position on the issue, the court abrogated the collateral source rule where …
American Lawyers: Qualities For Greatness, Roberta Cooper Ramo
American Lawyers: Qualities For Greatness, Roberta Cooper Ramo
Missouri Law Review
This article is about a discussion with Soia Mentschikoff, who worked with the Uniform Commercial Code
Look Mom, I Can Do It On My Own: A Child's Independent Right To Recover Medical Expenses In Missouri, Mark A. Reiter
Look Mom, I Can Do It On My Own: A Child's Independent Right To Recover Medical Expenses In Missouri, Mark A. Reiter
Missouri Law Review
In Boley v. Knowles, the Missouri Supreme Court took a significant step in furthering a child's right to fully recover for medical injuries. The issue of who may recover medical expenses becomes complicated when statute of limitations questions arise. When the statute of limitations for the parents' cause of action is shorter than the statute of limitations for the child's cause of action, the problem of parents' circumventing the statute by waiver or assignment arises.' In Boley v. Knowles, the Missouri Supreme Court overturned prior Missouri case law allowing only parents to recover for their child's medical expenses. Under the …
Divorce And Life Insurance: Post Modern Remedies For Breach Of A Duty To Maintain A Policy For A Designated Beneficiary, Kelvin H. Dickinson
Divorce And Life Insurance: Post Modern Remedies For Breach Of A Duty To Maintain A Policy For A Designated Beneficiary, Kelvin H. Dickinson
Missouri Law Review
In the last two centuries, life insurance has attained a place of prominence in most Americans' financial and domestic affairs, and a preference in our law. This article examines the application of legal and equitable remedies after the death of an insured who was subject to a life insurance mandate but failed to comply fully with its terms. The author finds that many problems stem from the failure of the parties, their lawyers, and judges, to develop a clear understanding of the purposes to be served by each mandate, and from poorly drafted mandates whose application is unclear in marginal …
Protecting The Rights Of Public Employees Under Title Vii And The Free Exercise Clause, Robert F. Epperson Jr.
Protecting The Rights Of Public Employees Under Title Vii And The Free Exercise Clause, Robert F. Epperson Jr.
Missouri Law Review
Title VII protects against religious discrimination in the work place.' The Free Exercise Clause of the First Amendment guarantees protection against governmental interference with one's religious practices and beliefs When alleging a Free Exercise violation, employees must demonstrate that government actions placed a substantial burden upon their religious beliefs or practices. The purpose of this note is to provide a general overview of the hoops a public employee must jump through when making a claim under the Free Exercise Clause and Title VII. This approach will demonstrate the uncertainty that prevails in dealing with an employee's right to practice their …
Innocence Lost: Bennis V. Michigan And The Forfeiture Tradition, Donald J. Boudreaux, A. C. Pritchard
Innocence Lost: Bennis V. Michigan And The Forfeiture Tradition, Donald J. Boudreaux, A. C. Pritchard
Missouri Law Review
In Bennis v. Michigan, the Supreme Court upheld the State of Michigan's forfeiture of Tina Bennis's joint ownership interest in a car used by her husband for a tryst with a prostitute. Surveying its prior cases, the Court found that Tina Bennis's innocence of the offending conduct was irrelevant to the constitutionality of Michigan's forfeiture of her ownership interest. In so finding, the Court relied on the tradition of forfeiture to affirm the constitutionality of the "tyranny and avarice" condemned by James Wilson-a leading framer of the Constitution. The Anglo-American tradition of civil forfeiture, however, is considerably narrower than the …
Refreshed Recollection Of Witnesses Prior To Testimony: Certainty Stands Strong In Missouri State Courts, Morry Cole
Refreshed Recollection Of Witnesses Prior To Testimony: Certainty Stands Strong In Missouri State Courts, Morry Cole
Missouri Law Review
Under Missouri common law, "a witness need not produce a document used to refresh recollection before testifying." This Note examines the development of Missouri's rule as well as the policy arguments for the Missouri and federal rules, in the context of State ex rel. Polytech, Inc. v. Voorhees,4 the recent Missouri Supreme Court case that reaffirmed Missouri's refreshed recollection rule.
Redefining Director Liability In Duty Of Care Cases: The Delaware Supreme Court Narrows Van Gorkom, Bryan C. Bacon
Redefining Director Liability In Duty Of Care Cases: The Delaware Supreme Court Narrows Van Gorkom, Bryan C. Bacon
Missouri Law Review
In Technicolor II, the Delaware Supreme Court examined the propriety of a summary judgment order in favor of corporate directors when plaintiff shareholders were unable to demonstrate that they had suffered actual damages resulting from the directors' breach of their duty of care. The corporate directors still must demonstrate entire fairness to escape liability. Although the court declared that the directors were not entitled to summary judgment in Technicolor II, it held in Technicolor III that the directors were not liable for any damages since the directors demonstrated that the merger was entirely fair to shareholders. This Note suggests that …
Supreme Court's Reanalysis Of School Desegregation Remedial Decrees: Is The Majority Placing Subtle Limits On The Trial Court's Vast Equitable Discretion, The, Cheryl Feutz
Missouri Law Review
Since Brown v. Board of Education declared in 1954 that "separate but equal" schools violate the Fourteenth Amendment's Equal Protection Clause, federal district courts have implemented remedial decrees to eliminate the vestiges of past de jure segregation Despite the Supreme Court's numerous attempts at clarification, the remedial task is still marked by much ambiguity and broad judicial discretion. Missouri v. Jenkins (Jenkins II) provides the latest example of the Court's reanalysis of the desegregation issue. Despite placing subtle limits on the trial court's equitable discretion, Jenkins II still leaves this broad judicial discretion and the vague legal standards intact.
When Ignorance Is Not Bliss: In Search Of Racial And Gender Equity In Intercollegiate Athletics, Rodney K. Smith
When Ignorance Is Not Bliss: In Search Of Racial And Gender Equity In Intercollegiate Athletics, Rodney K. Smith
Missouri Law Review
While racial and gender-based inequities regularly occur throughout our broader culture, this Article focuses on their presence in the context of athletics. Part II of this Article examines possible racial and gender implications associated with the common unwillingness, in the academic context, to take seriously the academic skills or values that may attend participation in athletics. Effective efforts to deal with racial and gender- based inequity in the operation of intercollegiate athletics will have to account for the presence of this broader academic ambivalence toward participation in athletics. Part III, in turn, deals with the existence of racial and gender …
Devaluing Caregiving In Child Support Calculations: Imputing Income To Custodial Parents Who Stay Home With Children, Karl A. W. Demarce
Devaluing Caregiving In Child Support Calculations: Imputing Income To Custodial Parents Who Stay Home With Children, Karl A. W. Demarce
Missouri Law Review
In Stanton v. Abbey, the Missouri Court of Appeals, Eastern District, significantly changed Missouri child support law by holding that, in appropriate circumstances, a trial court may impute income to a custodial parent who stays at home to care for minor children rather than obtaining employment outside the home. This Note takes the position that Stanton was incorrectly decided. Stanton represents a dramatic departure from prior Missouri case law, and rests on a highly questionable interpretation of the relevant statutes and court rules.' This Note proposes an alternative solution to imputation of income to a custodial parent, in cases where …
Getting Tossed From The Ivory Tower: The Legal Implications Of Evaluating Faculty Performance, John D. Copeland, John W. Murry Jr.
Getting Tossed From The Ivory Tower: The Legal Implications Of Evaluating Faculty Performance, John D. Copeland, John W. Murry Jr.
Missouri Law Review
This Article examines some of the legal issues that permeate the performance review process in higher education and offers some suggestions for improving faculty evaluations. As will be apparent, the courts have generally given institutions of higher education great latitude in devising and administering performance review programs. However, colleges and universities do not have carte blanche with their performance reviews and there are critical constraints on what institutions of higher education can do. These constraints are rooted in principles of fundamental fairness and due process, as well as constitutional and statutory requirements.
A. Lincoln, A Corporate Attorney And The Illinois Central Railroad, Sandra K. Lueckenhoff
A. Lincoln, A Corporate Attorney And The Illinois Central Railroad, Sandra K. Lueckenhoff
Missouri Law Review
The Illinois Central Railroad, one of the largest Illinois corporations, retained Abraham Lincoln as counsel in the early 1850s. To place Lincoln's corporate law career in context, one must first understand the state of corporate law, the types of corporations in existence, and the typical corporate law practice in the 1850s. The discussion is divided into several sections. Part II examines Lincoln's legal background: his education, admittance to the bar, law partners, office arrangements, and his general reputation in the legal community. Part III outlines the status and changes in corporate law in the mid-nineteenth century. Part IV chronicles the …
Constitutional Considerations Underlie Missouri's Expansion Of Fetal Rights Within Its Wrongful Death Statute, Elizabeth S. Brown
Constitutional Considerations Underlie Missouri's Expansion Of Fetal Rights Within Its Wrongful Death Statute, Elizabeth S. Brown
Missouri Law Review
When Missouri courts determine the existence of a cause of action under the wrongful death statute they have considered it necessary to address whether a fetus is a "person" within the statute. In Connor v. Monkem, Missouri extended its recognition of the rights of a fetus within its wrongful death statute beyond its previous decisions and those noted in other jurisdictions. Missouri’s decision differs distinctively from the law’s traditional view of the fetus as a part of the woman, therefore devoid of rights as a separate entity.
Rcra Citizen Suits And Restitution: The Eighth Circuit's Full Cort Press Strangles Equity's Traditional Remedial Play, David A. Vandyke
Rcra Citizen Suits And Restitution: The Eighth Circuit's Full Cort Press Strangles Equity's Traditional Remedial Play, David A. Vandyke
Missouri Law Review
Congress creates a federal right of action for private citizens in two ways. First, Congress can expressly grant this right in the statute's language. Second, Congress can implicitly create a right of action. In Cort v. Ash, the Supreme Court set forth a method of analyzing a statute to determine whether Congress implied a private right of action. This Note will address Furrer v. Brown, a recent decision highlighting the Eighth Circuit's confusion in the distinction between finding an implicit right of action and determining the available remedies for an existing right of action.
Taxation Of Adea Settlements And The Lack Of Personal Injury In Age Discrimination Claims, The, David Errol Tompkins
Taxation Of Adea Settlements And The Lack Of Personal Injury In Age Discrimination Claims, The, David Errol Tompkins
Missouri Law Review
This Note will proceed in five parts. Part II will discuss the factual background of the Schleier case and the holding of the Supreme Court."° Part III will briefly outline the legal background behind ADEA awards and their potential section 104(a)(2) treatment." Next, part IV examines the decision and analysis of the Supreme Court in Schleier. Finally, part V comments on the Court's holding and discusses the policy implications of the decision.' This Note then concludes that Congress needs to act to provide for exclusion from gross income amounts received from a settlement or jury award of a discrimination claim
Double Jeopardy: Protection Against Multiple Punishments, Eric Michael Anielak
Double Jeopardy: Protection Against Multiple Punishments, Eric Michael Anielak
Missouri Law Review
In Department of Revenue v. Kurth Ranch, the United States Supreme Court found the enforcement of a Montana statute taxing the possession of illegal drugs violated the Double Jeopardy Clause of the sixth amendment.' Kurth is the third case in what appears to be an increasingly broad interpretation of the clause. This note examines the Court's analysis and questions the necessity of protecting against successive punishments.
Wrongful Conception: When An Unplanned Child Has A Birth Defect, Who Should Pay The Cost, Melissa K. Smith-Groff
Wrongful Conception: When An Unplanned Child Has A Birth Defect, Who Should Pay The Cost, Melissa K. Smith-Groff
Missouri Law Review
Wrongful conception is a medical malpractice claim by parents that arises from the negligent performance of a sterilization procedure.' Wrongful birth, on the other hand, is a claim that a health care provider has breached a duty subsequent to conception that results in the birth of an abnormal child While Missouri recognizes wrongful conception as a valid cause of action, it has statutorily refused to allow a wrongful birth claim. Williams v. Van Biber was an action for wrongful conception, but it involved an aspect of wrongful birth, a birth defect. The case addressed the question of whether parents may …
Special Legislation Analysis In Missouri And The Need For Constitutional Flexibility, Christopher L. Thompson
Special Legislation Analysis In Missouri And The Need For Constitutional Flexibility, Christopher L. Thompson
Missouri Law Review
Missouri statutes reportedly contain over 500 laws which may be deemed special laws. Special laws are laws made applicable to a particular person, group, or thing within a specified class which are not applicable to the entire class. Special laws in Missouri found in the context of municipal or county. The Missouri Constitution prohibits the use of special laws in a number of circumstances including where general laws could be made applicable. The purpose of this note is to analyze the City of Ellisville decision, the O'Reilly decision, and the Article VI amendment in the context of Missouri's historical position …
Remarks By Elwood L.Thomas Upon Taking The Oath Of Office Of Judge Of The Supreme Court Of Missouri
Remarks By Elwood L.Thomas Upon Taking The Oath Of Office Of Judge Of The Supreme Court Of Missouri
Missouri Law Review
This article is about Judge Elwood L. Thomas's remarks when he took the oath of office of Judge of the Supreme Court of Missouri.
Thermal Windows: How Well-Insulated Are Software Developers From Copying Of Their Programs' Visual Displays, Doug Neville
Thermal Windows: How Well-Insulated Are Software Developers From Copying Of Their Programs' Visual Displays, Doug Neville
Missouri Law Review
Throughout the relatively short history of the computer industry, many disputes have arisen over unauthorized copying of computer programs. However, in most of the earlier cases, the disputed copyright protected the actual program code as a literary work rather than the visual display of the program as an artistic work. In Apple Computer,Inc. v. Microsoft Corp., the Ninth Circuit Court of Appeals confronted an alleged copyright violation resulting from copied visual displays. Because the disputed copyright protected the displays as artistic works rather than the program code as a literary work, the court was forced to apply established principles in …
Tribute To Judge Elwood L. Thomas, A, Timothy J. Heinsz
Tribute To Judge Elwood L. Thomas, A, Timothy J. Heinsz
Missouri Law Review
This article is to honor Judge Elwood L. Thomas with a tribute to him.
Converse Instructions Under Mai, Elwood L. Thomas
Converse Instructions Under Mai, Elwood L. Thomas
Missouri Law Review
The true converse instruction incorporates and thereby points to one or more elements of the verdict director and reiterates the obvious result of the plaintiff failing to prove one or more of the elements of his verdict director. Thus, it is obvious that the court could send a complete and logical set of instructions to the jury without including a converse instruction. In this respect, converse instructions are "excess baggage" in the package of instructions which goes to the jury. The MAI3 system acknowledges this fact by making the use of converse instructions optional with the defendant.
Personal Jurisdiction Based On Advertising: The First Amendment And Federal Liberty Issues, Keith H. Beyler
Personal Jurisdiction Based On Advertising: The First Amendment And Federal Liberty Issues, Keith H. Beyler
Missouri Law Review
Part I of this Article illustrates the potential impact of treating advertising as a basis for personal jurisdiction by looking at how such treatment might deter interstate advertising by abortion providers. Parts II and III examine whether advertising is a basis for personal jurisdiction under the current requirements and ground rules for personal jurisdiction laid down by the Supreme Court. Parts IV and V examine First Amendment and federalism arguments for treating advertising as an insufficient basis for personal jurisdiction.
Submitting Theories Of Respondeat Superior And Negligent Entrustment/Hiring, Brent Powell
Submitting Theories Of Respondeat Superior And Negligent Entrustment/Hiring, Brent Powell
Missouri Law Review
An employer who entrusts, hires or retains an incompetent employee to operate a motor vehicle is liable for any resulting damages. Liability does not arise out of the employment relationship, nor does it rest on vicarious liability. It is an independent tort resting on the combined negligence of the employer and the employee. In McHaffie v. Bunch, the Missouri Supreme Court considered this evidentiary problem and concluded that evidence associated with the claims of negligent entrustment/hiring must be excluded when defendant employers stipulate to liability under respondeat superior. This Note considers the appropriateness of this holding.