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Articles 241 - 270 of 3741
Full-Text Articles in Law
Hindsight 20/20: Missouri’S Use Of Statutory Interpretation As A Key Insight For Future Litigation Missouri State Conference Of Nat’L Ass’N For The Advancement Of Colored People V. State, 607 S.W.3d 728 (Mo. 2020)., Mackenzie L. Stout
Missouri Law Review
In Missouri State Conference of Nat’l Ass’n for the Advancement of Colored People v. State (hereinafter “NAACP v. State”), the Supreme Court of Missouri interpreted a Missouri statute that expanded the right to vote absentee in response to the COVID-19 pandemic. The new provision allowed all registered Missouri voters to vote absentee during the 2020 elections but required most absentee voters to have their ballots notarized. Voters who were “confined due to illness” or qualified as part of an “at-risk” category, however, were not required to have their ballots notarized. Appellants challenged the bill, claiming that voluntarily confining oneself as …
The Sword And The Shield: The Benefits Of Opinion Letters By Employment And Labor Agencies, Keith E. Sonderling, Bradford J. Kelley
The Sword And The Shield: The Benefits Of Opinion Letters By Employment And Labor Agencies, Keith E. Sonderling, Bradford J. Kelley
Missouri Law Review
Opinion letters are a highly beneficial vehicle for federal and state agencies to provide meaningful guidance for courts, businesses, workers, unions, trade groups, practitioners, advocacy groups, and the public at large. This Article examines the benefits and criticisms of opinion letters issued by employment and labor agencies. For more than seventy years the Department of Labor (“DOL”) provided employers, workers, and others with guidance regarding the interpretation and application of the Fair Labor Standards Act and related regulations through opinion letters. Indeed, opinion letters have been issued during both Democratic and Republican administrations. Unfortunately, in more recent years, opinion letters …
The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer
The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer
Missouri Law Review
Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …
Creating An Impossible Burden: State Ex Rel. Becker V. Wood And Prosecutorial Vindictiveness, Rachael Moore
Creating An Impossible Burden: State Ex Rel. Becker V. Wood And Prosecutorial Vindictiveness, Rachael Moore
Missouri Law Review
In the American criminal justice system, prosecutors have an enormous amount of discretion and power. With dockets growing more cramped, prosecutors often use threats of harsher charges and sentences to deter defendants from exercising their right to a jury trial or an appeal. Prosecutors can also wield this power for purely vindictive or retaliatory purposes, as one prosecutor noted when reflecting on his career: Sometimes a public defender or a defense lawyer will just try and bust your ass all the time. Frankly, you end up busting theirs back. You get irritated, but you try not to take it out …
Risky Business: Breakfast Sandwiches, Course Of Employment, And Revisiting Missouri Workers’ Compensation Law, Trent H. Hamoud
Risky Business: Breakfast Sandwiches, Course Of Employment, And Revisiting Missouri Workers’ Compensation Law, Trent H. Hamoud
Missouri Law Review
Since its inception, the Missouri Workers’ Compensation scheme has presented interesting and complex problems regarding workplace risk allocation. To avoid workplace injuries, employees and employers engage in significant preventative behaviors. One such action by employers is employee monitoring. Clearly, however, constant workplace monitoring is not feasible. This inherent limitation leads to this Note’s initial inquiry: at what point do the actions of employees taken out of sight of their employers create compensable claims under the existing Missouri Workers’ Compensation system, and what inefficiencies may result from requiring that employers provide compensation for the injuries that arise from such actions? Boothe …
Money Doesn’T Grow On Trees: Civil Asset Forfeiture Reform Is A Necessary Precursor To Police Reform, Elizabeth Weaver
Money Doesn’T Grow On Trees: Civil Asset Forfeiture Reform Is A Necessary Precursor To Police Reform, Elizabeth Weaver
Missouri Law Review
Communities are scrutinizing the credibility of law enforcement as concerns associated with unfair treatment and police misconduct mount. Despite ever-present demands for reform, law enforcement policy and practices continue to undercut efforts to build community relationships. Calls to defund police, whether by abolitionists or those who argue that modern policing encompasses job duties law enforcement should never perform, entered mainstream conversations about police reform after the death of Eric Garner in 2014, and reemerged when George Floyd was murdered in 2020. While it is true that financial constraints can force policy change, defunding the police could have unintended negative consequences …
Synchronizing Copyright And Technology: A New Paradigm For Sync Rights, Michael P. Goodyear
Synchronizing Copyright And Technology: A New Paradigm For Sync Rights, Michael P. Goodyear
Missouri Law Review
Embedded in a copyright owner’s musical work or sound recording is the synchronization, or sync right, the exclusive right to use music in sync, or in timed-relation, with audiovisual works. Considerations about sync rights, one of the least discussed aspects of music copyright, have come to the fore as the world has increasingly moved from the real world to the virtual. The COVID-19 pandemic has spurred thousands of activities and events to go online. With many of these involving music, the shift to the virtual world has raised new questions about the extent of sync rights.
“They’Re Just Playing”: Why Child Social Media Stars Need Enhanced Coogan Protections To Save Them From Their Parents, Nila Mcginnis
“They’Re Just Playing”: Why Child Social Media Stars Need Enhanced Coogan Protections To Save Them From Their Parents, Nila Mcginnis
Missouri Law Review
In May 2020, American social media influencer Myka Stauffer, who boasted almost one million followers across various internet platforms at the peak of her career, announced that she and her husband were “rehoming” their autistic son, Huxley, whom they adopted from China three years prior. Over the course of their journey to adopt Huxley, the Stauffers monetized dozens of posts and videos across several channels and accounts on YouTube and Instagram, prominently featuring Huxley in advertisements for brands like Dreft, Danimals, and Playtex Baby. The Stauffers, who were also accused of duct taping Huxley’s hands to stop him from sucking …
Textualism: Definition, And 20 Reasons Why Textualism Is Preferable To Other Methods Of Statutory Interpretation, Caroline Bermeo Newcombe
Textualism: Definition, And 20 Reasons Why Textualism Is Preferable To Other Methods Of Statutory Interpretation, Caroline Bermeo Newcombe
Missouri Law Review
When Justice Elena Kagan announced that “we’re all textualists now,” she was referring to a method of statutory interpretation known as textualism. Textualism is one of four methods of statutory interpretation. The other methods are: intentionalism, purposivism, and legal pragmatism. During the confirmation process, Justice Amy Coney Barrett was asked by Senators whether she was committed to a “textualist theory” of statutory interpretation, and whether she shared the judicial philosophy of Justice Scalia. But why is the method of statutory interpretation that a judge chooses so important? It is important because most cases that come before federal courts today involve …
Liability Insurance And Contractual Aspects Of Settlement, Douglas R. Richmond
Liability Insurance And Contractual Aspects Of Settlement, Douglas R. Richmond
Missouri Law Review
Most civil litigation settles. Many settlements are paid by liability insurers following the negotiation of settlement agreements by the parties’ lawyers. Settlement agreements are contracts, and their interpretation and enforcement are therefore governed by contract law principles. The essential elements of a contract are offer, acceptance, and consideration. In the liability insurance context as elsewhere, contract disputes connected to settlements typically center on either offer or acceptance. To be valid, a settlement offer must be capable of acceptance. The offer must be definite, and its material terms must be reasonably certain. When it comes to accepting a settlement offer, the …
Blown Whistle Falls On Deaf Ears: The Eighth Circuit Interprets Map-21’S Whistleblower Provision, Sarah (Walters) Porter
Blown Whistle Falls On Deaf Ears: The Eighth Circuit Interprets Map-21’S Whistleblower Provision, Sarah (Walters) Porter
Missouri Law Review
In recent years, whistleblowers have been praised as heroes by onlookers and in the media for bravely unveiling wrongdoing by their employers, but whistleblowers have not always enjoyed this white-hat status. These private employees expose themselves to serious risks of backlash and retaliation from their employers, historically without any guaranteed protection from Congress or their respective state legislatures. Decades-old social norms and corporate culture prioritized loyalty from employees. They allowed employers to fire employees who spoke out against the company and even blackball them from their respective industries. With blind loyalty or termination being the only options for employees witnessing …
The Destruction Gap: A Study Of The Unprotected Societal Interest In Privately Held Artworks, Jessica Schmitz
The Destruction Gap: A Study Of The Unprotected Societal Interest In Privately Held Artworks, Jessica Schmitz
Missouri Law Review
Imagine putting a Warhol through a washing machine, a Rembrandt in a recycling bin, or a Seurat in a shredder. If you are the lucky owner of a masterpiece by one of these artists you may take any of these actions and face no legal repercussions, thereby destroying the artwork and removing it from the cultural landscape. Our understanding of world history would be neither as beautiful, illuminated, nor as informed if artworks of cultural significance like these were destroyed. For example, little would be known of the ideologies of pre-historic civilizations but for the sculptures, wall paintings, and other …
The Walking Dead: How The Criminal Regulation Of Sodomy Survived Lawrence V. Texas, Jordan Carr Peterson
The Walking Dead: How The Criminal Regulation Of Sodomy Survived Lawrence V. Texas, Jordan Carr Peterson
Missouri Law Review
Eighteen years after the Supreme Court held in Lawrence v. Texas that a law criminalizing sodomy violated the constitutional guarantee to substantive due process, individuals are still arrested, prosecuted, convicted, and incarcerated pursuant to statutes that are the material equivalent of the one at issue in Lawrence. Though this seems both strange and unfair, it is neither unusual nor accidental. Because the constitutional order renders the judiciary a passive institution and radically fragments authority across a polycentric collection of governments, noncompliance with judicial decisions is endemic to American institutional design.
Insider Trading Under Sarbanes-Oxley: Bypassing The Personal Benefit Test, Andrew J. Meyer
Insider Trading Under Sarbanes-Oxley: Bypassing The Personal Benefit Test, Andrew J. Meyer
Missouri Law Review
Insider trading is broadly defined as the use of material nonpublic information in connection with the trade of stock or other securities. To the average person, the classic case of insider trading is a corporate executive reaping handsome personal profits by trading stock using insider information that he obtained through his position within the corporation. The reality, however, can be much more complicated
A Common-Law Remedy For The Eviction Epidemic, Brian M. Miller
A Common-Law Remedy For The Eviction Epidemic, Brian M. Miller
Missouri Law Review
Eviction burdens tenants and their households with incredible hardship. But it long has been the standard legal remedy when a tenant fails to keep up with rent payments. The combination of these two facts has birthed a crisis. Many commentators have responded to the crisis by suggesting legislative or executive solutions, but courts and the common law have been mostly ignored. This article focuses on courts and the role they can play under the common law to minimize unnecessarily harmful evictions. By considering reasonable expectations and interests of not only landlords, but of tenants and the public as well, this …
Redefining “Amend”: For The “Better” Of Whom?, Clayton A. Voss
Redefining “Amend”: For The “Better” Of Whom?, Clayton A. Voss
Missouri Law Review
In Trustees of Clayton Terrace Subdivision v. 6 Clayton Terrace, LLC, the Supreme Court of Missouri overturned eighty years of legal precedent regarding the ability of homeowners to amend residential subdivision agreements to place further burdens on the use of real property. The court established that subdivisions can now increase the burdens on their lot owners, provided that the minimum number of owners, as required by the amendment provision in the subdivision indentures, support the new restriction. The court’s holding signifies a shift away from the traditional principle that a covenant authorizing a requisite majority of owners to “amend” or …
At The Edge Of Objectivity: The Missouri Court Of Appeals’ Deference To A Seemingly Subjective Assessment Of Prejudice Under Strickland, Bradley J. Isbell
At The Edge Of Objectivity: The Missouri Court Of Appeals’ Deference To A Seemingly Subjective Assessment Of Prejudice Under Strickland, Bradley J. Isbell
Missouri Law Review
Strickland v. Washington is often heralded as one of the most important criminal procedure cases of the last century. The opinion created a two-prong framework for analyzing a post-conviction relief claim of ineffective assistance of counsel: performance and prejudice. The focus of this Note is the prejudice prong, specifically when the post-conviction court is the same court that presided over a defendant’s trial or sentencing.
Pomegranates And Railroads: Why Pom Wonderful Suggests That The Federal Railroad Safety Act Should Never Preclude Federal Employers Liability Act Claims, Dominic G. Biffignani
Pomegranates And Railroads: Why Pom Wonderful Suggests That The Federal Railroad Safety Act Should Never Preclude Federal Employers Liability Act Claims, Dominic G. Biffignani
Missouri Law Review
On September 30, 2010, Scott Schendel was the engineer on a locomotive heading southbound near Two Harbors, Minnesota. His shift started early that morning – he clocked in at 4:30 a.m. – and the railroad wanted to make sure Schendel’s locomotive returned to Two Harbors before his mandatory twelve-hour on-duty time limit expired. At 4:05 p.m., however, disaster struck: Schendel’s locomotive collided with a northbound train, causing catastrophic damage. Three locomotives and fourteen rail cars derailed, resulting in $8.1 million in damages to railroad property.
A “20/20” Vision: Supreme Court Of Missouri Revisits Admissibility Of Eyewitness Expert Testimony After More Than 30 Years, Emily Miller
A “20/20” Vision: Supreme Court Of Missouri Revisits Admissibility Of Eyewitness Expert Testimony After More Than 30 Years, Emily Miller
Missouri Law Review
Since 1989 the admissibility of expert testimony regarding eyewitness identifications has been unaddressed in Missouri’s courts. During this time, over 2,000 scientific studies have illustrated the fallibility of eyewitness testimony. The United States Supreme Court has long recognized the “vagaries” of eyewitness identification and the real potential for erroneous identifications leading to wrongful convictions. Most recently, advanced capabilities with DNA evidence have highlighted the tragic consequences of erroneous eyewitness identification. Indeed, a now often-cited fact: Of the 375 exonerations since 1989, nearly seventy percent involved wrongful convictions founded at least in part on eyewitness identification.
Governing By Executive Order During The Covid-19 Pandemic: Preliminary Observations Concerning The Proper Balance Between Executive Orders And More Formal Rule Making, Kelly J. Deere
Missouri Law Review
As the United States entered 2021, almost all fifty states were still operating under a state of emergency due to COVID-19 more than nine months later. Governors using emergency powers provided to them under their respective emergency disaster statutes and state constitutions continued to govern their state by executive order. These executive orders have had significant impacts on citizens’ everyday lives including stay-at-home orders, limits on non-essential gatherings, non-essential business closures and moratoriums on evictions. And these emergency orders have been opposed at almost every turn from citizens gathering in public protest shouting “Liberate Michigan,” to constitutional legal challenges to …
Balancing Purpose, Power, And Discretion Between Article Iii Courts And The Patent Office, Emily N. Weber
Balancing Purpose, Power, And Discretion Between Article Iii Courts And The Patent Office, Emily N. Weber
Missouri Law Review
The function of the United States Patent and Trademark Office (“USPTO”) is to promote the industrial and technological innovation of the nation and strengthen the economy through the preservation, classification, and dissemination of patent information. The America Invents Act (“AIA”) prescribed a multitude of supporting goals to best promote innovation, such as preserving “quality patents,” “timely consideration” of issues, maintaining “cost-effective” methods, preventing “frivolous litigation,” and preventing “uncertainty.” The AIA ensures the “efficiency, objectivity, predictability, and transparency” of the patent system. Part of this act included revamping the adjudicatory forum located within the USPTO, the Patent Trial and Appeal Board …