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Articles 1561 - 1590 of 3758
Full-Text Articles in Law
Bibliography Of William F. Fratcher's Writings
Bibliography Of William F. Fratcher's Writings
Missouri Law Review
Bibliography of William F. Fratcher's Writings
Skills Is Not A Dirty Word, Leonard D. Pertnoy
Skills Is Not A Dirty Word, Leonard D. Pertnoy
Missouri Law Review
The aim of this Article is to examine the place of skills in the law school curriculum and to urge that "skills" need not be considered a "dirty word." Rather, "skills" should be integrated with the currently used socratic methodology and analytical doctrine for the betterment of legal education as a whole.
Cumulative Subject Index For Volumes 56-58
Cumulative Subject Index For Volumes 56-58
Missouri Law Review
Cumulative Subject Index for Volumes 56-60
Notice And The Missouri Probate Nonclaim Statutes: The Lingering Effects Of Pope, Brian J. Doherty
Notice And The Missouri Probate Nonclaim Statutes: The Lingering Effects Of Pope, Brian J. Doherty
Missouri Law Review
The stem warnings published in Missouri newspapers used to read, "All creditors of the decedent are notified to file claims in court within six months from the date of first publication of this notice or be forever barred."' This language reflected section 473.360 of the Revised Statutes of Missouri. However, the decision of the United States Supreme Court in Tulsa Professional Collection Services, Inc. v. .Pope limited the effective operation of this strict statute. This Comment will review the case law addressing notice requirements and nonclaim statutes, discuss Missouri's response to Pope, analyze the issues that are likely to be …
Legacy Of William F. Fratcher: A Beneficiary's View, The, Edward C. Halbach Jr.
Legacy Of William F. Fratcher: A Beneficiary's View, The, Edward C. Halbach Jr.
Missouri Law Review
Halbach in this article pays tribute to William F. Fratcher.
Reversing The Nondelegation Rule Of Trust-Investment Law, John H. Langbein
Reversing The Nondelegation Rule Of Trust-Investment Law, John H. Langbein
Missouri Law Review
The movement from nondelegation to delegation seems to entail a doctrinal volte face. A main theme of the present Article, however, is that there is less to this change than meets the eye. Practice under the nondelegation rule has led to the repudiation of the rule. Nevertheless, the new delegation rule may affect future patterns of trusteeship. By making it easier for trustees to externalize the investment function, the reformed law will encourage persons who lack investment expertise-for example, family members and lawyers-to serve as trustees.
Marital Property Rights In Transition, Lawrence W. Waggoner
Marital Property Rights In Transition, Lawrence W. Waggoner
Missouri Law Review
Marital property rights," a term that covers a vast multitude of rights or interests conferred by law on persons who occupy the status of spouse, are in a state of transition. To discuss the themes and trends that are emerging, this Article is divided into four discrete, yet related segments. The first segment addresses how the law allocates original ownership between spouses in a marriage. The second segment turns to the intestate share of the surviving spouse. This is not a topic that much concerns high-powered estate planners because intestate estates are usually fairly small. But to the surviving spouse, …
When Words Fail Me: Diagramming The Rule Against Perpetuities, Mark Reutlinger
When Words Fail Me: Diagramming The Rule Against Perpetuities, Mark Reutlinger
Missouri Law Review
There is no shortage of creative ways in which teachers of Property law have sought to represent graphically the operation of the Rule Against Perpetuities. I have myself, over the years, tried a number of methods, none of them wholly satisfactory. The reason we all keep trying is that the Rule simply does not lend itself to mere verbal explanation. Although quite easy to state and memorize, each of its terms is saturated with difficult and interrelated concepts that operate on several planes. A future interest must "vest"or fail within 21 years of a "life in being" at the "creation" …
Liability Insurers Get A Fair Deal, James E. Berger
Liability Insurers Get A Fair Deal, James E. Berger
Missouri Law Review
Public policy does not allow insurance against the results of intentional acts. Thus, most liability insurance contracts contain a clause that excludes coverage for bodily injury or property damage intended or expected as a result of an insured's actions These clauses are generally referred to as "intentional acts exclusion clauses" or "intentional injury exclusion clauses." The real question in all cases is what the insurer must show to invoke the exclusion. There are two basic requirements: (1) The act done was intended; and (2) there was some intent for the act to cause injury. Most courts agree that the act …
New Chapter In Missouri Percolating Groundwater Law: The Non-Severability Of Water Rights From Land, A, Julie Jinkens Mcnitt
New Chapter In Missouri Percolating Groundwater Law: The Non-Severability Of Water Rights From Land, A, Julie Jinkens Mcnitt
Missouri Law Review
Although the State of Missouri may be rich in groundwater resources, Missouri case law is decidedly barren in percolating groundwater decisions. For the past twenty years, no Missouri court has dealt with this topic in the context of a dispute between adjoining landowners over a shared water supply. This Note will answer that question in the course of analyzing the most recent Missouri court decision in this area.
Untenable, Unchristian, And Unconstitutional , Carl Tobias
Untenable, Unchristian, And Unconstitutional , Carl Tobias
Missouri Law Review
Clara J. McKenney donated her residence to the city of Petersburg, Virginia, in 1924 for use as a free library. She gave the building as a memorial to her husband, William Robertson McKenney, a well-respected lawyer who had practiced in Petersburg for many years. Clara McKenney's deed of transfer stipulated that the library was "to be maintained for both white and colored persons: all of the building ... including the first floor and all above that [was] to be for the exclusive use of white persons; and the basement of the building [was] to be kept and maintained for the …
Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff
Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff
Missouri Law Review
The American With Disabilities Act (ADA),' signed into law on July 26, 1990, is the most significant legislation ever enacted to prevent discrimination against disabled Americans. The scope of the legislation is sweeping, encompassing employment (Title I), public services by state and local governments including transportation (Title II), all public accommodations (Title III), and all telecommunications (Title IV). The law, in essence, recognizes the responsibility of the federal government to see to it that disabled Americans are fully integrated into all aspects of American life rather than being deemed unfit merely because of their disability. The purpose of this Article …
Prior Misconduct Evidence In Missouri, Bradley D. Kuhlman
Prior Misconduct Evidence In Missouri, Bradley D. Kuhlman
Missouri Law Review
Although the rules and exceptions regarding the admissibility of evidence of prior misconduct during criminal trials are well established, the theories and logic underlying the black letter law have apparently eroded to mere words. State v. Sladek' and State v. Bernard were two recent opportunities for the Missouri Supreme Court to examine the law of uncharged misconduct evidence. Unfortunately, the majority opinions in these cases did not address the central problems with this area of evidence but instead, they sidestepped the issues and created a new unprincipled exception The new exception, signature modus operandi/corroboration, ignores the central reason that prior …
Warrantless Misdemeanor Arrests And The Fourth Amendment, William A. Schroeder
Warrantless Misdemeanor Arrests And The Fourth Amendment, William A. Schroeder
Missouri Law Review
The United States Supreme Court has never decided whether any aspects of the common law ban on warrantless misdemeanor arrests are required by the Constitution.' In fact, very few courts have said anything significant about the relationship between the Fourth Amendment and the common law rule. This Article will examine the constitutional questions raised by the continuing expansion of the power to make warrantless arrests for misdemeanors.
Dimensions Of The Right To Vote: The Write-In Vote, Donald Duck, And Voting Booth Speech Written-Off, The , David Perney
Dimensions Of The Right To Vote: The Write-In Vote, Donald Duck, And Voting Booth Speech Written-Off, The , David Perney
Missouri Law Review
In 1989, Judge Harrison L. Winter of the United States Court of Appeals for the Fourth Circuit announced that "under appropriate circumstances" a write-in vote for Donald Duck would be constitutionally protected as an exercise of a citizen's right to vote.' This pronouncement added to the growing but muddled field of jurisprudence concerning the right to vote. In Burdick v. Takushi, the United States Supreme Court eased back the broad parameters of the right to vote that the Fourth Circuit appeared to define. The goal of this Note is to outline the reasoning of the Burdick v. Takushi decision, to …
Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger
Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger
Missouri Law Review
Termination of parental rights is available only by statute. Missouri provides for voluntary termination of parental rights only if the parent whose rights are to be terminated has consented in writing to the termination and if the termination will be in the best interests of the child.' All Missouri statutory provisions concerning termination of parental rights are to be "construed so as to promote the best interests and welfare of the child." The factors to be considered in determining the "best interest of the child" are enumerated in the statute, but they are quite general. This Note focuses on the …
Continuing Saga Of The Home Office Deduction, The , J. Patrick Sullivan
Continuing Saga Of The Home Office Deduction, The , J. Patrick Sullivan
Missouri Law Review
The deductibility of expenditures associated with home offices is an issue of great concern to many taxpayers. In Commissionerv. Soliman, the Supreme Court was presented with the opportunity to add a degree of certainty to this area of tax law. This Note will examine the Court's decision in Soliman and conclude that the Court did not take advantage of the opportunity presented to it. This Note will also assess the relative merits of several tests used for determining the deductibility of home office expenses and recommend a test that would give this area of the law a degree of certainty.
Corporate Tax Integration In The United States: A Review Of The Treasury's Integration Study, John Livingston
Corporate Tax Integration In The United States: A Review Of The Treasury's Integration Study, John Livingston
Missouri Law Review
Tax system integration is not a new concept, but it has recently received an increased amount of discussion in the tax community. As used in this article, tax integration describes the concept of unifying the corporate and individual tax systems in order to insure that corporate income is taxed only once. Congress and others in the tax community are again considering whether or not the United States should integrate these two tax systems. Whether to integrate is only the beginning of the debate. The determination of which detailed mechanism to be used to achieve integration is a significant decision with …
Sovereign Immunity And Public Entities In Missouri: Clarifying The Status Of Hybrid Entities, Mary S. Hack
Sovereign Immunity And Public Entities In Missouri: Clarifying The Status Of Hybrid Entities, Mary S. Hack
Missouri Law Review
In the last fifteen years, the doctrine of sovereign immunity' in Missouri has been abrogated, reestablished, amended and clarified. The recent Missouri Supreme Court decision of Stacy v. Truman Medical Center' falls within the last category. Stacy addressed the undefined term "public entity" as found in the Missouri sovereign immunity statute, particularly as it is applied to a "hybrid entity.". This Note will review the status of the sovereign immunity doctrine and will examine the impact of the Stacy decision.
Report Of The Missouri Task Force On Gender And Justice
Report Of The Missouri Task Force On Gender And Justice
Missouri Law Review
The Missouri Task Force on Gender and Justice was created by Resolution of the Executive Council of the Missouri Judicial Conference. Its members were appointed by the Chief Justice of the Missouri Supreme Court in February 1990. The Resolution charged the Task Force with studying "the organization, rules, methods of procedure, and practice of the judicial system of the State of Missouri to determine whether gender bias exists." The Task Force was instructed to issue "a report containing [its] findings and recommendations and provide a plan for the education of the bench, bar, and public with respect to its findings …
Civil Justice Reform In The Western District Of Missouri, Carl Tobias
Civil Justice Reform In The Western District Of Missouri, Carl Tobias
Missouri Law Review
Congress passed the Civil Justice Reform Act (CJRA) of 1990 out of growing concern about litigation abuse in federal civil lawsuits, increasing cost and delay in those cases, and declining federal court access.' The legislation commands every federal district court to promulgate a civil justice expense and delay reduction plan by December 1993. The statute also creates a demonstration program and designates the Northern District of California, the Northern District of West Virginia, and the Western District of Missouri as courts that are to "experiment with various methods of reducing cost and delay in civil litigation, including alternative dispute resolution.
Evolution Of The Federal Law Of Entrapment: A Need For A New Approach, The , J. Patrick Sullivan
Evolution Of The Federal Law Of Entrapment: A Need For A New Approach, The , J. Patrick Sullivan
Missouri Law Review
The entrapment defense has been used to provide a check on government investigation of criminal activity. Historically, there has been much disagreement about the proper basis of the entrapment defense and its applicability to particular situations. In Jacobson v. United State, the United States Supreme Court had occasion to examine the proper role of the entrapment defense in the federal courts. This Note will explain and critique the reasoning used by the Court in Jacobson, as well as that used by proponents of a competing theory of the defense, and recommend a more rational way to deal with government inducement.
Federal Pre-Emption Of State Railroad Tort Law: The Misuse Of The Federal Railroad Safety Act To Insulate Railroads From Liability, John Woodson Rogers
Federal Pre-Emption Of State Railroad Tort Law: The Misuse Of The Federal Railroad Safety Act To Insulate Railroads From Liability, John Woodson Rogers
Missouri Law Review
In Walker v. St. Louis-Southwestern Railway,' the Missouri Court of Appeals, Eastern District, faced the issue of whether the Federal Railroad Safety Act (FRSA)2 pre-empted state tort law. This was an issue of first impression in the Eastern District of Missouri The FRSA was enacted in 1970, but courts have only recently started considering its pre-emptive effect.
Judicial Wandering Through A Legislative Maze: Application Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnapping Prevention Act To Child Custody Determinations, Juliet A. Cox
Missouri Law Review
The area of child custody determinations has historically been plagued by the problem of conflicting decrees among alternate forums. Conflicting decrees disrupt the lives of countless children and subject children to unnecessary interstate struggles Child custody determinations are unique in that they intimately affect the lives of innocent children caught in the web of parental discord. Originally, state legislatures responded to this dilemma by adopting the Uniform Child Custody Jurisdiction Act (UCCJA) in an attempt to standardize and self-regulate jurisdiction over child custody determinations. Congress then promulgated the Parental Kidnapping Prevention Act (PKPA), a federal statute governing full faith and …
Removal, Remands, And Reforming Federal Appellate Review, Michael E. Solimine
Removal, Remands, And Reforming Federal Appellate Review, Michael E. Solimine
Missouri Law Review
That the Supreme Court of necessity largely leaves law development to the federal appellate courts, and state courts, is not particularly noteworthy. Such circumstances, however, make it important for students of federal jurisdiction not to be fixated on Supreme Court decisions, to the exclusion of lower court opinions. This article focuses on lower court interpretation of one statute circumscribing the jurisdiction of the federal appellate courts. Section 1447(d) of the Judicial Code states that an order of a district court remanding a case to a state court from which it was removed "is not reviewable on appeal or otherwise."' Despite …
Antipsychotic Medication And The Criminal Defendant: Problems Persist Despite A Dose Of Due Process, Brian J. Doherty
Antipsychotic Medication And The Criminal Defendant: Problems Persist Despite A Dose Of Due Process, Brian J. Doherty
Missouri Law Review
Involuntary administration of antipsychotic drugs also raises difficult legal issues within the domain of criminal law. Because antipsychotic drugs affect thought processes, when psychiatrists acting on behalf of the state administer these drugs to a criminal defendant, the state is controlling that defendant's mind to some extent. In Riggins v. Nevada, the United States Supreme Court recognized constitutional protection against involuntarily treating pretrial detainees with antipsychotic drugs. This Note will analyze the Court's decision and discuss unresolved problems concerning the effects of antipsychotic medication on the criminally accused.
Cumulative Subject Index For Volumes 55 - 57
Cumulative Subject Index For Volumes 55 - 57
Missouri Law Review
Cumulative Subject Index for Volumes 55 - 59