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Articles 1621 - 1650 of 3758
Full-Text Articles in Law
Discoverability Of Personal Injury Surveillance And Missouri's Work Product Doctrine, The, Kenneth E. Siemens
Discoverability Of Personal Injury Surveillance And Missouri's Work Product Doctrine, The, Kenneth E. Siemens
Missouri Law Review
In personal injury trials a major focus is often the legitimacy of the plaintiff's alleged injuries. If the defendant doubts the severity of the plaintiff's injuries, it is common practice for the defendant to hire private investigators to conduct surveillance of the plaintiff. The knowledge, prior to trial, of the existence and contents of any surveillance is imperative for plaintiffs, either to substantiate the extent of injuries alleged,4 or to prepare an argument to explain any discrepancies between the injuries alleged and those shown by the surveillance A defendant's interest in the non-discoverability of surveillance stems from a desire to …
Criminal Activity Forfeiture Act: Replete With Constitutional Violations, The, Steffanie Stracke
Criminal Activity Forfeiture Act: Replete With Constitutional Violations, The, Steffanie Stracke
Missouri Law Review
Congress has provided for the forfeiture of practically any type of property related to an illegal activity in order to take the profit out of crime. The federal forfeiture statute dealing specifically with criminal drug activity is commonly known as the Controlled Substances Act. This Comment focuses on the civil forfeiture proceedings4 of the Controlled Substances Act and the drug activity portion of Missouri's Criminal Activity Forfeiture Act' (CAFA). This Comment traces how the "War on Drugs" has turned a legitimate criminal penalty into a strong-arm tactic that has been abused by law enforcement agencies across the country.
Proxy Puzzle & The Durable Power Of Attorney For Health Care Act, The, J. Daniel Patterson
Proxy Puzzle & The Durable Power Of Attorney For Health Care Act, The, J. Daniel Patterson
Missouri Law Review
The Missouri Durable Power of Attorney for Health Care Act' (the Health Care Act) is the latest development in Missouri concerning proxy health care decision making. The Health Care Act, the Living Will Statute, and the Missouri Supreme Court's Cruzan' decision are the pieces which make up the puzzle known as Missouri proxy health care decision-making law. When the pieces are put together, however, it appears that some pieces are missing. This Note addresses the relationship of the Health Care Act to the other two pieces of Missouri law and searches for the pieces which seem to have been left …
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley
Missouri Law Review
In an industry in which information is the ultimate commodity, a new dilemma that confronts the media world is whether the First Amendment protects news gatherers from sources who try to enforce promises of confidentiality. The debate raised in Cohen v. Cowles Media Co. pits the First Amendment freedoms of the press and speech against concepts of contracts and torts that are deeply rooted in our legal heritage. At least two reasons make promises of confidentiality important to the newsgathering profession. First, breaking a promise of confidentiality that has induced a source to provide information is dishonorable. Second, sources may …
Status Of Sex-Specific Fetal Protection Policies, The, Elizabeth A. Phillips
Status Of Sex-Specific Fetal Protection Policies, The, Elizabeth A. Phillips
Missouri Law Review
Many commentators and judges consider cases involving fetal protection policies the most important sex discrimination cases since Congress enacted Title VII of the Civil Rights Act of 1964. With as many as twenty million workers potentially exposed to chemicals in the workplace that may cause reproductive health problems, employers have implemented fetal protection policies. The employers' motivation for enacting these policies is dual in nature: (1) to protect the health of future generations and (2) to protect themselves from potential tort liability. Regardless of the benevolence of employers' motives, the issue is whether individual employers should be allowed to close …
Missouri Takes A Stand: The Death Of The Dead Hand In The Control Of Trusts, Becky Owenson Kilpatrick
Missouri Takes A Stand: The Death Of The Dead Hand In The Control Of Trusts, Becky Owenson Kilpatrick
Missouri Law Review
When the Missouri Legislature adopted Missouri Revised Statute section 456.590.2, empowering courts to allow deviation from the distributive terms of a trust, the intent was to repeal, in part at least, the long-standing Claflin doctrine. That doctrine is a common law rule that refuses to allow deviation from the terms of the trust, even when all beneficiaries consent, if variation or termination would violate the purpose of the trust. This Note analyzes the recent application of Missouri's new trust variation statute and addresses the interpretive issues that Hamerstrom settles. The Note briefly discusses the history of the Claflin doctrine and …
Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers
Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers
Missouri Law Review
Asbestos is one of many products which have a once-latent danger now facing consumers. Our judicial system uses many means to confront these dangers, including imposing punitive damages on manufacturers. At what point does a manufacturer's business decisions affect society such that punitive damages become necessary? This issue is increasingly important in our highly industrialized and technological society. Angotti v. Celotex Corp. mandates an in-depth examination of this issue: first, how are jurisdictions other than Missouri approaching this problem; second, what considerations affect how punitive damages are used in a products liability setting; third, does Missouri's approach further these considerations; …
Scope Of Consent Searches: Are Police Officers And Judges Misguided By The Objective Reasonableness Test, Marc L. Edmondson
Scope Of Consent Searches: Are Police Officers And Judges Misguided By The Objective Reasonableness Test, Marc L. Edmondson
Missouri Law Review
Law enforcement officials will arrest or temporarily detain over 14 million Americans this year for offenses ranging from murder to speeding. During these stops, the police officer will frequently ask for and receive the individual's consent to search his or her belongings. In Florida v. Jimeno, the United States Supreme Court attempted to define the permissible scope for consent searches under an objective reasonableness test.This Note will briefly explore the history of consent searches, examine the Supreme Court's rationale for adopting an objective test, analyze the ramifications of the decision, and propose modifications in the procedures for obtaining a valid …
Introduction: Five Approaches To Legal Reasoning In The Classroom: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. , Richard W. Bourne
Introduction: Five Approaches To Legal Reasoning In The Classroom: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. , Richard W. Bourne
Missouri Law Review
In late 1989 a small group of law teachers gathered at the University of Baltimore Law School to discuss "Ideology in the Classroom" with four panelists, each representative of a modern "school" of jurisprudence. The goals of the seminar were to explore what role a teacher's ideology should play in structuring the learning process for students, and to do so in a unique way, by having teachers with clearly defined ideological commitments" demonstrate how they would teach the same material.
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks
Missouri Law Review
It is important to say at the outset that this discussion about one case, O'Brien v. Cunard Steamship Co.1, would not have been as rich without access to the pleadings and trial record in the case. Too often we teach law courses as perspectiveless, adopting an analytical approach that consciously acknowledges no specific cultural, political, or class characteristics, but which is decidedly male, white and elitist. Today's law school classroom is more diverse both as to gender, race, and class, than ten or twenty years ago. This more diverse student body enters law school with life experiences and perspectives not …
Seizing Fourth Amendment Rights, Kent R. Hopper
Seizing Fourth Amendment Rights, Kent R. Hopper
Missouri Law Review
Protections for criminal defendants and suspects have undergone a steady erosion with the increasing conservatism of the United States Supreme Court. A recent decision illustrates how this trend carries over to undermine the rights of all citizens. This Note focuses on the decision in Florida v. Bostick, and its impact on Fourth Amendment rights. Part III of this Note contains a review of the current status of Fourth Amendment interpretation from the standpoint of both search and seizure. In Part IV, the majority opinion and the dissent are analyzed in turn. Finally, in Part V, the argument is put forward …
Professional Responsibility And The First Amendment: Are Missouri Attorneys Free To Express Their Views, Elizabeth A. Bridge
Professional Responsibility And The First Amendment: Are Missouri Attorneys Free To Express Their Views, Elizabeth A. Bridge
Missouri Law Review
The history of First Amendment cases in our country demonstrates that many attorneys have argued successfully for the free speech rights of their clients. When an attorney seeks to invoke the same right as a defense in a professional disciplinary action, however, the attorney may find less shelter under the First Amendment. This Note examines the extent of first amendment protection a Missouri attorney receives when criticizing courts or judges.
Yet Another Hearsay Exception: How Much Can Labels Prove In Missouri, David A. Dick
Yet Another Hearsay Exception: How Much Can Labels Prove In Missouri, David A. Dick
Missouri Law Review
In Moore v. Director of Revenue, the Southern District of the Missouri Court of Appeals encountered a fact situation that, upon a cursory reading, seems to touch upon an established rule of evidence. A cursory perusal, however, would overlook an evidentiary issue previously undetermined in Missouri. By creating a new exception to the hearsay rule, the Moore court approved the admissibility of labels used to prove container contents. Because this case presents an unusual context for the introduction of labels used to prove contents of a container and little case law discusses the matters at issue, many questions remain as …
Feminist Legal Theory And The Reading Of O'Brien V. Cunard, Ann C. Shalleck
Feminist Legal Theory And The Reading Of O'Brien V. Cunard, Ann C. Shalleck
Missouri Law Review
In July 1889, Mary O'Brien, a young, Irish, immigrant woman traveling to Boston in steerage on the "Catalonia," a ship of the Cunard Steamship Company, was given, against her will, a smallpox vaccine by Dr. I.T.M. Giffen, the ship's doctor. The vaccine left her body covered with sores and blisters. Two years later, in O'Brien v. Cunard Steamship Co.,' the Supreme Judicial Court of Massachusetts in an opinion written by Judge Knowlton held that the trial court had ruled correctly that Mary O'Brien's claims for battery and negligence could not even go to the jury. The appellate court agreed with …
Traditionalist's Approach To Teaching O'Brien And To Ideology In The Classroom, A, Richard W. Bourne
Traditionalist's Approach To Teaching O'Brien And To Ideology In The Classroom, A, Richard W. Bourne
Missouri Law Review
The goal of our program on "Ideology in the Classroom" initially was to explore the proper role of ideology in the classroom with the help of representatives of critical race theory, law and economics, feminist legal thought, and critical legal studies. From the perspective of the original planners of the program, the discussion of a case like O'Brien v. Cunard Steamship Co., were viewed simply as a means to that end. During the implementation of the program, a second set of goals began to emerge: each of the "representatives" saw participation in the program as a opportunity to "showcase" his …
Proportionality And The Eighth Amendment: And Their Object Not Sublime, To Make The Punishment Fit The Crime, Aisha Ginwalla
Proportionality And The Eighth Amendment: And Their Object Not Sublime, To Make The Punishment Fit The Crime, Aisha Ginwalla
Missouri Law Review
In June 1991, the United States Supreme Court, in Harmelin v. Michigan, considered anew whether the Eighth Amendment clause prohibiting cruel and unusual punishment includes a proportionality requirement. The Court addressed the question: Is there a constitutional requirement that the length of a sentence be tailored to fit the crime? The opinions are closely divided, and reveal strong disagreement among the Justices over a wide array of constitutional issues, such as the historical standards to be used in interpreting the Constitution, the deference due to the principles of federalism, the limits of judicial review, and the balance to be struck …
Introduction: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. Ltd.
Introduction: Contrasting Perspectives On O'Brien V. Cunard S. S. Co. Ltd.
Missouri Law Review
This article gives five articles that present a pedagogical approach to O'Brien v. Cunard S.S. Co. Ltd.
O'Brien V. Cunard S.S. Co., Limited
O'Brien V. Cunard S.S. Co., Limited
Missouri Law Review
This article talks about the O'Brien v. Cunard S.S. Co. Ltd. and the specific events that occurred in this case.
Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman
Ideology Of Legal Reasoning In The Classroom, The, Jay M. Feinman
Missouri Law Review
The other papers in this symposium stress the importance of expanding our inquiry into cases such as O'Brien v. Cunard Steamship Co.' In this essay I discuss how the process of legal reasoning, as it ordinarily is conducted in first-year classes, introduces its own element of ideological distortion. My proposition is that, because of that ideological distortion, the moves suggested by the other symposiasts are important but limited.
Law & Economics Perspective On A Traditional Torts Case: Insights For Classroom And Courtroom, A, Robert H. Lande
Law & Economics Perspective On A Traditional Torts Case: Insights For Classroom And Courtroom, A, Robert H. Lande
Missouri Law Review
An analysis of O'Brien v. Cunard Steamship Co. readily demonstrates how economic concepts can help enlighten legal thought, enable judges and lawmakers to select optimal legal rules, and assist law students and others to understand the implications of alternative legal decisions. Because O'Brien has several aspects that can be explained quite well through the economic approach, the case also could be used to teach a number of important economic insights that often provide useful aids to legal analysis. O'Brien also contains issues for which economic analysis is less important. Because a complete study of O'Brien would involve both economic and …
Dna Fingerprinting: A Guide To Admissibility And Use, Ricardo Fontg
Dna Fingerprinting: A Guide To Admissibility And Use, Ricardo Fontg
Missouri Law Review
Forensic scientists have long hoped for the ability "to identify the origin of blood and body-fluid stains with the same degree of certainty as finger- prints."' Recent advances in recombinant deoxyribonucleic acid ("DNA") research offer scientists the necessary technology. Consequently, DNA technology now provides the judicial system with a powerful new test to identify criminal suspects and to trace paternity. This Comment discusses the current law regarding DNA fingerprinting.
Mandatory Retirement For Missouri Judges, Paul Scott Penticuff
Mandatory Retirement For Missouri Judges, Paul Scott Penticuff
Missouri Law Review
When an employee is forced from employment on a basis other than performance it seems to offend the concept of fairness. In the cases involving the mandatory retirement of state court judges, however, the harsh result for the affected judges must be balanced against society's interest in a competent judiciary. Although advancing age usually does not render a judge incompetent, the approach of legislators and voters has been to err on the side of caution, basing the mandatory retirement mechanism on the arbitrary factor of age. When these two interests collide, the result changes the balance between individual rights and …
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Edmonson V. Leesville Concrete Co.: Has Batson Been Stretched Too Far, Melissa C. Hinton
Missouri Law Review
Peremptory challenges have a long history, dating back to 1305 in England. In Swain v. Alabama, Justice Byron R. White stated, "[t]he persistence of peremptories and their extensive use demonstrate the long and widely held belief that peremptory challenge is a necessary part of trial by jury." Peremptory challenges enable litigants to exclude potential jurors "without a reason stated, without inquiry and without being subject to the court's control.", In Batson v. Kentucky, however, decided in 1986, the Supreme Court restricted the power of prosecutors to exercise peremptory challenges based solely upon race. This Note discusses the facts and holding …
Stripping Away First Amendment Protection, Daniel Yves Hall
Stripping Away First Amendment Protection, Daniel Yves Hall
Missouri Law Review
In Barnes v. Glen Theatre, Inc., the Supreme Court ruled that nude dancing was expressive activity and thus protected by the First Amendment. The Court also held, however, that it was constitutionally permissible for a state to prohibit the activity in that there was a sufficiently important governmental interest in the regulation of nude dancing. This Note will first briefly outline the legal background pertaining to First Amendment protection of nude dancing.
Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden
Expansion Of The Automobile Exception To The Warrant Requirement: Police Discretion Replaces The Neutral And Detached Magistrate, Steven D. Soden
Missouri Law Review
As illegal drug usage continues to be an increasing concern of this country, the United States Supreme Court has lessened Fourth Amendment constraints on law enforcement officials. Because of the nature of drugs (minute amounts are illegal and thus they are easily transported and hidden), the allowable scope of searches is a critical issue in the "war on drugs." Regardless of whether the Court had drugs in mind when it set forth this new rule, it is drug related offenses where this decision will have the visible impact.
Procrustean Beds And Draconian Choices: Lifestyle Regulations And Officious Intermeddlers--Bosses, Workers, Courts, And Labor Arbitrators, Marvin Hill Jr., Emily Delacenserie
Procrustean Beds And Draconian Choices: Lifestyle Regulations And Officious Intermeddlers--Bosses, Workers, Courts, And Labor Arbitrators, Marvin Hill Jr., Emily Delacenserie
Missouri Law Review
This Article will review case law, both in the private and public sector, dealing with employer attempts to regulate the personal lifestyles of employees. Remedies under common law and federal statutes will be reviewed with a special focus on Title VII of the Civil Rights Act of 1964, as amended, and the Federal Rehabilitation Act of 1973.
Losing The Battle On Obscenity, But Can We Win The War: The National Endowment For The Arts' Fight Against Funding Obscene Artistic Works, Paul N. Rechenberg
Losing The Battle On Obscenity, But Can We Win The War: The National Endowment For The Arts' Fight Against Funding Obscene Artistic Works, Paul N. Rechenberg
Missouri Law Review
Theater. Symphony. Ballet. Photography. Rap. Congress established the National Endowment for the Arts (NEA). This government agency promotes the arts through funding the creation and production of artistic works. Recently, however, controversial artistic works have triggered debate over NEA funding. Some artistic works featuring images that go beyond the candor of nude figures have divided viewers into supporters of art and those who shield their eyes from the controversial scenes. The threshold of what art is acceptable and what art is improper has left artists explaining or defending their craft. In 1989, Congress passed a federal law prohibiting NEA funding …