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Articles 211 - 240 of 3741
Full-Text Articles in Law
Impeachment In A System Of Checks And Balances, Keith E. Whittington
Impeachment In A System Of Checks And Balances, Keith E. Whittington
Missouri Law Review
Measured by any yardstick, it is hard to think that the first impeachment of President Donald Trump was particularly successful. But there are important broader questions raised particularly by the first Trump impeachment that have significance for how we think about the impeachment power moving forward. If future impeachment efforts are to be more successful, or even useful, Congress will have to understand the nature of the constitutional task that it is undertaking.
Be Careful What You Wish For: Impeachment In The Trump Era, Gene Healy
Be Careful What You Wish For: Impeachment In The Trump Era, Gene Healy
Missouri Law Review
Having now gotten some distance and perspective on the head-spinning Trump presidency, what have we learned about the way presidential impeachments are likely to work in the future?
Impeachment And Trial After Officials Leave Office, Michael W. Mcconnell
Impeachment And Trial After Officials Leave Office, Michael W. Mcconnell
Missouri Law Review
The second impeachment of President Donald J. Trump raised an important and unresolved question: May Presidents and other federal officers be impeached or tried on impeachments after they have left office? Most Democrats argued that former officers can be both impeached and tried; most Republicans argued that former officers can neither be impeached nor tried. Trump himself was impeached while still in office and tried – and acquitted – after he left office. This is the sort of question that could easily arise again, in connection with presidents and other officers of either party, and it needs an answer that …
Symposium: The Two Impeachments Of Donald J. Trump Foreward: Requiem For Impeachment?, Frank O. Bowman Iii
Symposium: The Two Impeachments Of Donald J. Trump Foreward: Requiem For Impeachment?, Frank O. Bowman Iii
Missouri Law Review
Impeachment was inserted into the Constitution of the United States as a tool of national self-preservation. Although its most common use has been as a quotidian house-cleaning device for dispensing with corrupt or egregiously unsuitable federal judges otherwise unfireable due to life tenure, the American framers conceived impeachment’s real and essential function to be the ejection and permanent electoral disqualification of any president who proved grievously unfit or exhibited a dangerous disposition to autocracy.
Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin
Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin
Missouri Law Review
It was just two years ago this month that the Senate acquitted President Trump in the first impeachment trial, and one year ago this week, he was acquitted in the second trial for inciting an insurrection against the government of the United States. Now, in the first trial, Republican Senators voted to prohibit the trial managers, the actual prosecutors, from subpoenaing any witnesses or documents. They won because they were in the majority. Before both trials, enough Republican Senators, known as jurors, announced that they had already made up their minds to acquit the President—that the not-guilty verdicts were essentially …
What’S Next?: Missouri’S Medicaid Expansion After Doyle V. Tidball, Jayke Simsheuser
What’S Next?: Missouri’S Medicaid Expansion After Doyle V. Tidball, Jayke Simsheuser
Missouri Law Review
For Autumn Stultza, a single mother suffering from severe tonsil stones, Melinda Hille, a Type 1 Diabetic forced to choose between eating and paying for medication, Stephanie Doyle, a mother of three unable to afford her eczema medications, and approximately 275,000 other Missourians, August 10, 2021 was a good day. More than a decade after the enactment of the Affordable Care Act and just over a year since Missourians voted to expand Medicaid, Missourians ages 19 to 65 making under 138% of the federal poverty level became officially eligible for Medicaid coverage through the state’s MO HealthNet program. Their excitement, …
How Impeachment Works, Michael J. Gerhardt
How Impeachment Works, Michael J. Gerhardt
Missouri Law Review
Presidential impeachments test nearly everyone. Whereas constitutional adjudication largely tests the limits and powers of governmental institutions, presidential impeachments do that and more. They test whether and how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials. A popular concern for most observers and commentators during …
Time For A New Shoe? Making Sense Of Specific Jurisdiction, Jessica Hylton
Time For A New Shoe? Making Sense Of Specific Jurisdiction, Jessica Hylton
Missouri Law Review
Many of us can likely recall the uncomfortable feeling of a shoe that just does not fit. Whether too big or too small, it no longer offers the protection it was designed to provide and risks only pain and injury. Either way, it is time for a new shoe. Personal jurisdiction has its own shoe. In the groundbreaking case of International Shoe Co. v. Washington, the Supreme Court of the United States set out the necessary principles for a court to exercise personal jurisdiction over a defendant. These principles have endured for nearly 100 years. However, recent expansions on personal …
Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher
Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher
Missouri Law Review
For centuries, scholars, judges, and lawmakers have argued over the role of the judiciary in striking down laws created by a democratically elected legislature. This problem has come to be known as the “Countermajoritarian Difficulty.” The famous Carolene Products footnote offers one widely accepted answer to the Countermajoritarian Difficulty. It stipulates that the judiciary should only invalidate laws that violate fundamental rights specified in the Constitution, disadvantage discrete or insular minorities, or undermine the political process. This approach promised judicial deference and allowed the legislature to create economic regulations. Debates on this subject typically involve federal courts. However, the Supreme …
Taking The Fight Out Of Fighting Words On The Doctrine’S Eightieth Anniversary: What “N” Word Litigation Today Reveals About Assumptions, Flaws And Goals Of A First Amendment Principle In Disarray, Clay Calvert
Missouri Law Review
Analyzing a trio of recent rulings involving usage of the “N” word by white people directed at Black individuals, this Article explores problems with the United States Supreme Court’s fighting words doctrine on its eightieth anniversary. In the process of examining these cases and the troubles they illuminate, including the doctrine’s dubious reliance on racial and gender-based stereotypes, this Article calls for the Supreme Court to do more than merely refine its amorphous contours that lower courts now are fleshing out for themselves. Specifically, this Article contends that the Court must reconsider the foundational goals that animate this aging, often-criticized …
Valuing The Vulnerable: A Proposed Approach To Cyclical Competency, Kirsten Pryde
Valuing The Vulnerable: A Proposed Approach To Cyclical Competency, Kirsten Pryde
Missouri Law Review
The competency evaluation system in the United States is in crisis. The criminal justice system has long recognized that a criminal defendant has a right to a fair trial, and being competent to stand trial is a necessary component of that right. Mental illness is increasingly prevalent in our inmate population, and while mental illness and incompetence are not synonymous, the two are often correlated. Unsurprisingly then, competency evaluation requests have skyrocketed in recent years. But importantly, competency is not static. Cycles of compensation and decompensation may require a defendant to go through the competency evaluation system multiple times before …
Born-Again Rfra: Will The Military Backslide On Its Religious Conversion?, Michael Berry, Antony Barone Kolenc
Born-Again Rfra: Will The Military Backslide On Its Religious Conversion?, Michael Berry, Antony Barone Kolenc
Missouri Law Review
This Article details the importance of religious freedom in the United States and its armed forces, as well as the unfortunate history of non-accommodation that has plagued the Department of Defense (DoD) until recent years. It reviews the jurisprudence surrounding military service member free-exercise claims before and after the landmark Religious Freedom Restoration Act (RFRA) of 1993, and it analyzes how courts have addressed those claims within the military. It proposes an analysis for handing religious accommodation claims under RFRA in the military, and examines a series of hypotheticals that demonstrate the issues the DoD must confront and accommodate if …
Ending Political Discrimination In The Workplace, Craig R. Senn
Ending Political Discrimination In The Workplace, Craig R. Senn
Missouri Law Review
Currently, a significant disparity exists in workplace legal protections for an employee’s political affiliation. On one hand, public sector (federal, state, or local government) employees enjoy a bevy of protections. For example, twenty million state and local government employees rely on the First Amendment (and 42 U.S.C. § 1983) to guard against workplace discrimination based on political affiliation. Over two million federal government civil service employees lean on the Civil Service Reform Act of 1978 (CSRA) to provide that same protection.
Children Sentenced To Die In Prison: Why A Lifetime Behind Bars Is No Longer Justified For Juvenile Offenders, Logan Moore
Children Sentenced To Die In Prison: Why A Lifetime Behind Bars Is No Longer Justified For Juvenile Offenders, Logan Moore
Missouri Law Review
Brett Jones turned fifteen years old the summer before he was set to start high school. Twenty-three days later, he was arrested and charged as an adult. Now, he will spend the rest of his life behind bars. In the United States, a fifteen-year-old child cannot legally vote, drink alcohol, or – in most states – drive a car without adult supervision. That same fifteen-year-old, however, who is not considered responsible enough to buy a ticket to an R-rated movie, may be sentenced to life in prison without the opportunity for parole (“LWOP”). Not only is the United States the …
Pool Houses And Public Policy: The Uncollectability Of Contractual Attorney Fees In Missouri, Evan Miller
Pool Houses And Public Policy: The Uncollectability Of Contractual Attorney Fees In Missouri, Evan Miller
Missouri Law Review
Homeowners associations (“HOAs”) are a foundational piece of life in the United States for people of all socioeconomic backgrounds. These planned communities provide stable living arrangements that many homeowners desire, and protect buyers’ expectations of a neighborhood’s character. Despite the ostensibly beneficial goals of HOAs, they have generated substantial controversy. Columbia, Missouri, was the backdrop of a garden-variety HOA dispute between Ajay Aggarwal and Megha Garg (“the Homeowners”) and the Arrowhead Lake Estates Homeowners Association (“Arrowhead”). The Homeowners submitted a plan for several outdoor improvements but failed to include a small shed that would cover pool equipment. After a trial …
Giving Up The Ghost In The Machine: Emergency Cellphone Tracking Under 18 U.S.C. § 2702(C)(4) Is A Search, Andrew Guinan
Giving Up The Ghost In The Machine: Emergency Cellphone Tracking Under 18 U.S.C. § 2702(C)(4) Is A Search, Andrew Guinan
Missouri Law Review
In the post-September 11th world, our judiciary has been forced to confront the truth that “all free peoples have had to balance the demands of liberty with the demands of security.” This tension is not new, and in the past, “we Americans have been able to plant our flag well down the spectrum towards liberty.” Recently, however, the interception of electronic communications and other data by local, state, and federal law-enforcement authorities has emerged as a central point in the debate. While many Americans might be willing to endure some degree of intrusion under the threat of national terrorism, the …
Towards Nondelegation Doctrines, Chad Squitieri
Towards Nondelegation Doctrines, Chad Squitieri
Missouri Law Review
When discussing the nondelegation doctrine, courts and scholars frequently refer to Congress’ “legislative power.” The Constitution, however, speaks of no such thing. Instead, the Constitution vests a wide variety of “legislative powers” (plural) in Congress, including the powers to “regulate commerce,” “declare war,” “coin money,” and “constitute tribunals.” Shoehorning Congress’ diverse array of powers into a one-size-fits-all nondelegation doctrine has necessitated the development of the vaguely worded “intelligible principle” test. Unsurprisingly, that malleable test has failed to produce a judicially manageable standard. In response, this Article proposes that the nondelegation doctrine be transformed into a series of nondelegation doctrines, each …
Strengthening The Internal Affairs Doctrine Juul Labs, Inc. V. Grove, 238 A.3d 904 (Del. Ch. 2020)., Andrew J. Meyer
Strengthening The Internal Affairs Doctrine Juul Labs, Inc. V. Grove, 238 A.3d 904 (Del. Ch. 2020)., Andrew J. Meyer
Missouri Law Review
The state of Delaware plays a significant role in shaping corporate law around the country. Delaware is home to a substantial number of corporations – more than half of publicly held corporations and over sixty percent of Fortune 500 companies are incorporated in the state. Furthermore, it contains the most out-of-state incorporations – a situation where a business incorporates in Delaware but has a principal place of business in another state. For instance, the State of Missouri has ten Fortune 500 corporations with their principal place of business in the state, two of which are incorporated in Delaware. Delaware maintains …
Technology Mergers And The Market For Corporate Control, Geoffrey A. Manne, Samuel Bowman, Dirk Auer
Technology Mergers And The Market For Corporate Control, Geoffrey A. Manne, Samuel Bowman, Dirk Auer
Missouri Law Review
Several high-profile academic articles and reports claim to have identified important gaps in current merger enforcement rules, particularly with respect to tech and pharma acquisitions involving nascent and potential competitors—so-called “killer acquisitions” and “kill zones.” As a result of these perceived deficiencies, scholars and enforcers have called for tougher rules, including the introduction of lower merger filing thresholds and substantive changes, such as the inversion of the burden of proof when authorities review mergers and acquisitions in the digital platform industry. Meanwhile, and seemingly in response to the increased political and advocacy pressures around the issue, U.S. antitrust enforcers have …
Dog Process Or Due Pupcess? Federal Court Misses Opportunity To Modernize Pet Due Process Jurisprudence Lunon V. Botsford, 946 F.3d 425 (8th Cir. 2019)., Grace Hambuchen
Dog Process Or Due Pupcess? Federal Court Misses Opportunity To Modernize Pet Due Process Jurisprudence Lunon V. Botsford, 946 F.3d 425 (8th Cir. 2019)., Grace Hambuchen
Missouri Law Review
Nicknames such as Boo Bear, Snookums, Sweet Precious Baby, or Cutie Patootie fondly show how owners might typically interact with their pets. With Americans spending approximately $95.7 billion on pets in 2019, the Uniform Trust Code expressly allowing trusts to care for deceased owners’ pets, and the COVID-19 pandemic bringing a sharp increase in dog adoptions, pets are becoming an ever more significant part of the American family. When a pet escapes or goes missing, most owners desperately want them to return home safely; microchipping is one proactive, reliable option for owners to help ensure they do.
Missouri’S New Green Standard Or Gray Area? What Facts And Evidence Missouri Courts Must Consider In Summary Judgment Motions Green V. Fotoohighiam, 606 S.W.3d 113 (Mo. 2020) (En Banc)., Clayton A. Voss
Missouri Law Review
Over the past three decades, it has become routine for Missouri litigators to cite ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp. as Missouri’s summary judgment standard. It has remained one of the Supreme Court of Missouri’s most cited opinions regarding summary judgment despite revisions to Missouri Rule of Civil Procedure 74.04(c)(1)–(2) in 1994 – one year after ITT interpreted and applied the previous version of the rule. In August 2020, the Supreme Court of Missouri revised ITT’s outdated guidance on what constitutes the record upon which trial courts must rely when deciding motions for summary judgment. Green v. …