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Articles 1591 - 1620 of 3758
Full-Text Articles in Law
Jury Fact-Finding In Criminal Cases: Constitutional Limits On Factual Disagreements Among Convicting Jurors, Scott W. Howe
Jury Fact-Finding In Criminal Cases: Constitutional Limits On Factual Disagreements Among Convicting Jurors, Scott W. Howe
Missouri Law Review
Criminal juries have an uncertain task. While we tout their constitutional role' in our justice system as the central fact finder, we are unsure about their fact-finding function. The uncertainty focuses on the level of factual specificity at which jurors must concur to convict a defendant. On one hand, we do not expect juries to reach a collective vision of past events in perfect detail. Jurors legitimately may find guilt though they disagree on the precise nature of the defendant's acts On the other hand, we do expect convicting juries to agree with some specificity on the conduct warranting liability. …
Enforceability Of Forum Selection Clauses: Missouri Finally Joins The Majority, The , Carrie A. Cunningham
Enforceability Of Forum Selection Clauses: Missouri Finally Joins The Majority, The , Carrie A. Cunningham
Missouri Law Review
When parties enter into contracts, they want their rights and duties to be as certain and predictable as possible. One way to achieve such predictability is to include a provision in a contract which stipulates that all disputes arising out of that contract will be resolved in a particular court, state, or country. Such a provision is known as a forum selection clause. In High Life Sales Co. v. Brown- Forman Corp., the Missouri Supreme Court followed this trend and made forum selection clauses prima facie enforceable. This Note will discuss how the High Life decision has resolved the confusion …
Abandoning Copyrights To Try To Cut Off Termination Rights, Robert A. Kreiss
Abandoning Copyrights To Try To Cut Off Termination Rights, Robert A. Kreiss
Missouri Law Review
Can a copyright assignee cut off an author's termination rights by abandoning the copyrights in a copyrighted work? Can an assignee or grantee circumvent the termination rights by requiring the author to abandon her contingent reversionary rights, or by structuring the grant as a grant for a term of years and requiring the author to abandon the reversion? Because these may appear to be unlikely questions, some context should be added in order to make them seem more likely.
Some Realism About Chevron, Russell L. Weaver
Some Realism About Chevron, Russell L. Weaver
Missouri Law Review
Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.,' is widely regarded as a "landmark" administrative law decision. One commentator claimed that it produced "a revolution in administrative law" and is "one of the most important administrative law decisions in recent memory." A second commentator declared that it dominates "the law governing judicial acceptance of agencies' interpretations," while a third described it as "the leading case on the subject ... of deference to agencies on statutory issues."
Will Junior's First Words Be "I'Ll See You In Court", Cynthia Ann Tolch
Will Junior's First Words Be "I'Ll See You In Court", Cynthia Ann Tolch
Missouri Law Review
The doctrine of parental immunity, in its original form, prevented children from suing their parents in tort.' Although the immunity once enjoyed almost universal acceptance, it has been the target of modem criticism. In Missouri, parental immunity only prevented minors from asserting causes of action based in negligence against their parents.' Over time, Missouri courts limited the application of parental immunity to actions by unemancipated minors which could jeopardize family relations. In Hartman v. Hartman, the Missouri Supreme Court wholly abolished parental immunity and adopted a "reasonable parent" standard of care.
Procedural Approach To The Problem Of The Right, A, Kathryn N. Benson
Procedural Approach To The Problem Of The Right, A, Kathryn N. Benson
Missouri Law Review
Modern society is characterized by heightened complexity in the degree of interdependence among its members. As societies advance, courts are increasingly called upon to strike an appropriate balance among the interests of individuals, society, and government. This Comment addresses certain problems of constitutional jurisprudence that arise when courts attempt to strike that balance. Several cases interpreting the Fourteenth Amendment will be discussed. They present useful illustrations of the nature of conflicts that arise among societal actors.'
Eighth Amendment, Prison Conditions And Social Context, The , Daniel Yves Hall
Eighth Amendment, Prison Conditions And Social Context, The , Daniel Yves Hall
Missouri Law Review
The Eighth Amendment pendulum swung back in 1991 when the Supreme Court in Wilson v. Seiter established a constitutional standard for such claims which, in all likelihood, will be virtually insurmountable.. This Note will first explore the Supreme Court's four major pre-Wilson rulings on the proper scope of the Eighth Amendment regarding claims of inhuman prison conditions. This review will show that these opinions, while containing a great deal of apparently applicable language, fail to specifically state whether a state of mind element is required for such claims. Second, this Note will describe the factual background of Wilson and the …
Maintenance In Gross: A Lack Of Statutory Authorization Is Finally Recognized, Becky Owenson Kilpatrick
Maintenance In Gross: A Lack Of Statutory Authorization Is Finally Recognized, Becky Owenson Kilpatrick
Missouri Law Review
When the Missouri Legislature passed the Divorce Reform Act in 1973 it was the first change in Missouri divorce law in ninety-five years. This Note will analyze the result reached in the instant decision as well as the practical implications the decision will have on numerous in gross awards being paid today. After outlining the statutory framework under which the court operated, this Note will briefly discuss the history of the application of in gross alimony awards and the divergent path that Missouri courts have taken, either terminating or sustaining the award upon the recipient spouse's remarriage. This Note will …
Sentencing Guidelines: Recommendations For Sentencing Reform, Barbara S. Barrett
Sentencing Guidelines: Recommendations For Sentencing Reform, Barbara S. Barrett
Missouri Law Review
For the last twenty years, much of the discussion about the criminal justice system has focused on criminal sentencing. Prior to 1970, the states and the federal government used indeterminate sentencing, a method whereby judges and parole boards exercised a great deal of discretion over the length of criminal sentences. This Article discusses the reasons why sentencing guidelines are the best way to achieve proportionality and uniformity in the sentencing of criminal offenders. Sentencing guidelines have been implemented in a number of states and the federal system, and, thus, the successes and failures of those reforms offer lessons for future …
Table Of Book Reviews/Comments
Index To Subjects Covered In Volume 56
Index To Subjects Covered In Volume 56
Missouri Law Review
Index to Subjects Covered in Volume 58
Hancock Amendment, User Fees, The Plain Meaning Rule, And An Invitation To Challenge Buechner V. Bond, The, Michael Atchison
Hancock Amendment, User Fees, The Plain Meaning Rule, And An Invitation To Challenge Buechner V. Bond, The, Michael Atchison
Missouri Law Review
In 1980, Missouri voters adopted an amendment to the Missouri Constitution. The amendment, commonly called the Hancock Amendment, limited the power of state and local governments to raise taxes by requiring voter approval for tax increases and by Placing a spending limit on the state government. One of the controversial issues has been whether fees charged for governmental services may be raised without a vote. Initially, the Missouri Supreme Court, employing the plain meaning rule, held that such fees could not be raised without voter consent. Keller v. Marion County Ambulance District, the subject of this Note, marks a welcome …
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, Donald L. Beschle
Missouri Law Review
Questions concerning the constitutional validity of conditions placed on recipients of government funds have a long history,' but they recently have received greater attention as the types of constitutional concerns have changed. Earlier cases dealt with issues of federalism, and claims that conditions unduly limited states in the exercise of their reserved powers. As courts moved to a generally consistent position of deference to Congressional choices concerning the proper distribution of power between the states and the national government, challenges to conditional spending faded in both their significance and interest.' This Article maintains that the government must take and express …
Knocking Out Motor Vehicle Insurance Household Exclusions: Does The Financial Responsibility Law Cover All Bases, David A. Dick
Knocking Out Motor Vehicle Insurance Household Exclusions: Does The Financial Responsibility Law Cover All Bases, David A. Dick
Missouri Law Review
This Note discusses the issues presented by the conflicts between Missouri's Motor Vehicle Financial Responsibility Law, a legislative act intended to provide compensation for persons injured in vehicular accidents, and contractual exclusion clauses contained in motor vehicle liability insurance policies. A "household" or "family" exclusion clause, the type of liability insurance contract exclusion at issue in Halpin, typically states that no coverage exists for any obligation an insured may have to a member of the insured's family who is residing in the same household as the insured.' The household exclusion is designed to eliminate coverage when one family member's negligence …
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Missouri Law Review
The last sixty years have witnessed an enormous growth at the federal and state levels in both the number and size of administrative bureaucracies.' Agencies have been created to implement and administer legislation passed by the Congress or state legislatures. The grant of rulemaking authority has been given to executive agencies because legislatures have often found themselves unable, or unwilling, to fine-tune laws addressing today's increasingly complex society. The fine-tuning has been left to administrative agencies, particularly where scientific, economic, or other expertise is needed to determine how the law should be implemented. The purpose of this Article is to …
Missouri Child Support Guidelines, Jennifer Clifton Ferguson
Missouri Child Support Guidelines, Jennifer Clifton Ferguson
Missouri Law Review
The Child Support Enforcement Amendments of 1984' and the Family Support Act of 1988, are designed to improve the adequacy, consistency, and collectability of child support awards. These two laws require states to develop specific guidelines providing a numerical formula for the determination of child support award amounts' and require that the guidelines be presumptive. Following the federal mandate, the Missouri Supreme Court enacted child support guidelines which have been mandatory since April 1, 1990.
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard
Missouri Law Review
This Article examines what good faith and fair dealing mean in the workplace, particularly where the relationship between employer and employee is otherwise presumed to be "at will." The conclusion is that except in sporadic situations, the concept of good faith and fair dealing is too vague to be helpful to either party or even to the court. The good faith and fair dealing construct, as currently understood, should be abandoned in the employment context, as should the at will presumption. They should be replaced by legislative prohibition of termination absent good cause. The Model Employment Termination Act' is an …
Can A Change In Decision-Making Authority Be A Change With Respect To Voting, Aisha Ginwalla
Can A Change In Decision-Making Authority Be A Change With Respect To Voting, Aisha Ginwalla
Missouri Law Review
The Voting Rights Act of 1965 triggered profound changes in southern politics, providing the impetus for a revolution in minority voting rights. Despite the passage of the Fifteenth Amendment almost a hundred years before, African-Americans in most southern states could not effectively exercise the right to vote. Congress acted in response to this "long and sorry history" by passing the Voting Rights Act. Section 5, a key provision of the Act, targets particular southern states for federal scrutiny of their electoral practices. In Presley, the Court considered whether seemingly routine administrative decisions that resulted in a dilution of the authority …
New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
New Standard For The Modification Of Consent Decrees, A, Paul S. Penticuff
Missouri Law Review
A common method of dispute resolution in institutional reform litigation is the consent decree. Although they are entered into voluntarily, consent decrees are sanctioned by courts in the same manner as other final judgments under Federal Rule of Civil Procedure 60(b) The consent decree has been used to avoid court-ordered remedies which do not adequately meet the needs of either party in the dispute. The traditional standard for the modification of such decrees is the "grievous wrong" standard.' By maintaining this rigorous standard, courts have guarded against modifications of consent decrees to bring order to the highly chaotic and controversial …
Illusory Rights: The Missouri Approach To Employment Contracts, James M. Crabtree
Illusory Rights: The Missouri Approach To Employment Contracts, James M. Crabtree
Missouri Law Review
In Main v. Skaggs Community Hospital, the Southern District of the Missouri Court of Appeals concluded that pursuant to the employment at will doctrine in Missouri, such agreements do not confer contractual rights.This Note explores the history of the Missouri employment at will doctrine and the ramifications of the Main v. Skaggs Community Hospital decision.
Controversial World Of Corporate Mergers And Acquisitions: A Critical Assessment, The, Perry V. Kalajian
Controversial World Of Corporate Mergers And Acquisitions: A Critical Assessment, The, Perry V. Kalajian
Missouri Law Review
The last decade has proven to be a landmark era in the area of corporate mergers and acquisitions.' Perhaps the most rapid development in this area has been in the growth of antitakeover devices to defend against unwanted, hostile takeover attempts. The most noteworthy of the devices developed has been the share purchase rights plan. Since its inception in 1983, the use of the share purchase rights plan, or "poison pill" as it is more commonly known, as a defensive mechanism against hostile tender offers has generated much controversy and debate in the legal and business communities. The purpose of …
Physician Willingness To Withhold Tube Feeding After Cruzan: An Empirical Study, Philip G. Peters Jr., John W. Ely, Steven C. Zweig
Physician Willingness To Withhold Tube Feeding After Cruzan: An Empirical Study, Philip G. Peters Jr., John W. Ely, Steven C. Zweig
Missouri Law Review
In Cruzan v. Hannon, the Missouri Supreme Court declined to let Nancy Cruzan's father discontinue her tube feedings. The court insisted on clear and convincing evidence of her wishes and was unsatisfied that proof of this kind had been presented in her case.' In addition, it refused to defer to her family or to consider her "quality of life." On June 25, 1990, the United States Supreme Court affirmed the Missouri Supreme Court's decision. Since Cruzan, public demand for living wills has exploded.
In Defense Of Life: Enforcing The Bill Of Rights On Behalf Of Poor, Minority And Disadvantaged Persons Facing The Death Penalty, Stephen B. Bright
In Defense Of Life: Enforcing The Bill Of Rights On Behalf Of Poor, Minority And Disadvantaged Persons Facing The Death Penalty, Stephen B. Bright
Missouri Law Review
This Article is a lecture from Alder-Rosecan about the court's decision in Furman v. Georgia in which the death penalty as it had existed for 200 years in our country's history was found to be unconstitutionally applied.