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Articles 2671 - 2700 of 3758
Full-Text Articles in Law
Book Review
Missouri Law Review
Frederick Spiegel reviews Paul C. Reardon and Clifton Daniel’s 1968 report: Fair Trial and Free Press. Fair Trial and Free Press is a report on one in a series of National Debate Seminars sponsored by the American Enterprise Institute held at George Washington University, Washington, D. C. and the first in the series to be nationally televised. The debate dealt with the conflict of the two fundamental rights and centered around the controversial Reardon Report adopted at the ABA's House of Delegates in February, 1968. The participants in the debate were Justice Paul C. Reardon of the Supreme Judicial Court …
Law Or Equity: The Right To Trial By Jury In A Civil Action, Thomas Jean O'Neil
Law Or Equity: The Right To Trial By Jury In A Civil Action, Thomas Jean O'Neil
Missouri Law Review
The Missouri Constitution article 1, section 22 (a) provides that "the right of trial by jury as heretofore enjoyed shall remain inviolate ..."' The Missouri Supreme Court has interpreted this to mean that it does not extend or contract the right to trial by jury, but preserves the right as it existed at the time of the adoption of the constitution. In other words, since each of Missouri's four constitutions have similar provisions, the right is preserved as it existed in 1820, the date of adoption of Missouri's first constitution. At common law not all civil matters were tried before …
Reflections On Riparianism, T. E. Lauer
Reflections On Riparianism, T. E. Lauer
Missouri Law Review
The solution to the water problem must involve one or more of several limited alternatives. We must either: (1) develop new sources of water; (2) reduce our per capita water use; (3) stop our population growth; or (4) use our present supply of water more efficiently. Any solution will draw heavily upon science and technology. Through them we will learn to remove the salt from ocean water, to purify polluted waters, to distribute water economically over great distances, and to reduce the waste and even the use of water. It is clear that the law will create no new water. …
Table Of Leading Articles--Authors/Titles/Book Reviews
Table Of Leading Articles--Authors/Titles/Book Reviews
Missouri Law Review
Table of Leading Articles--Authors/Titles/Book Reviews
Statement Of Ownership, Management And Circulation
Statement Of Ownership, Management And Circulation
Missouri Law Review
Statement of Ownership, Management and Circulation
Planned Unit Development, Clifford H. Ahrens
Planned Unit Development, Clifford H. Ahrens
Missouri Law Review
The efforts of those seeking imaginative, flexible, and creative results from planning, zoning, and land-use controls have recently been concentrated on planned unit development (PUD). The basic purpose of PUD is to do away with the inflexible dimensional standards and use regulations of conventional zoning and planning laws, and thereby to encourage creative large-scale development in a way which can best utilize the land for the collective benefit of the residents. Individual PUD's most frequently involve the use of density zoning, rather than the conventional technique of minimum lot sizes. Under density zoning, by varying lot sizes and using buildings …
Book Review
Missouri Law Review
Charles Blackmar reviews Richard A. Watson and Rondal G. Downing’s 1969 publication: The Politics of the Bench and the Bar. The authors undertake to answer the difficult question of whether judges appointed under the plan are "better" than those chosen in partisan elections. The study employs five statistical compilations as follows: (1) lawyer evaluation of quality; (2) lawyer evaluation of impartiality; (8) standing in bar polls; (4) standing in popular vote in retention; and (5) affirmance-reversal record. The authors concede that the use of the last mentioned factor may be subject to question since the judge who is too afraid …
Modification Of The Riparian Theory And Due Process In Missouri, James D. Ellis
Modification Of The Riparian Theory And Due Process In Missouri, James D. Ellis
Missouri Law Review
Until relatively recent years water rights legislation and litigation has primarily centered in the seventeen arid and semi-arid western states. However, as a result of increased demands on water resources for agricultural, industrial, recreational and public uses, the more humid and traditionally water rich states of the East have expressed concern for and interest in the conservation and regulation of their water resources. A significant number of these states have departed from the common law riparian theory of water use law and have enacted comprehensive regulatory measures, modeled after the water acts common in the western states. In accordance with …
Office Of The Solicitor General-Representing The Interests Of The United States Before The Supreme Court, The , Erwin N. Griswold
Office Of The Solicitor General-Representing The Interests Of The United States Before The Supreme Court, The , Erwin N. Griswold
Missouri Law Review
Any Solicitor General is inevitably aware that he is basically an advocate. Within wide limits it is not for him to decide the cases which are before the Court-that is for the Court. But he is also aware that the office involves some incidents of statesmanship. The origins of the Office, its official responsibilities, and the obvious differences from private law offices, all reflect this unusual status. It is to these factors that this article focuses on.
Missouri Uniform Securities Act, The, Hal M. Bateman
Missouri Uniform Securities Act, The, Hal M. Bateman
Missouri Law Review
Despite the spectacular events of recent years in the field of federal securities law, the less glamorous arena of state securities regulation—better known as "blue sky law"—continues to play an important and regular role in the securities lawyer's practice. The new Missouri Uniform Securities Act must therefore be carefully considered and analyzed by Missouri attorneys. It is the purpose of this article to assist in such consideration and analysis. The adoption of the new Missouri Act is particularly significant for two reasons. First, in displacing the prior Missouri statutes, the new Act provides a modern, comprehensive, and well-drafted statute which …
Pre-Trial Publicity, Michael L. Boicourt
Pre-Trial Publicity, Michael L. Boicourt
Missouri Law Review
One of the most controversial problems in the criminal law field during the 1960's has centered around the apparent contradiction between detailed reporting of events about which there is pending criminal litigation and the sixth amendment right of the criminally accused to a public trial "by an impartial jury." The impartiality of our criminal process is one of the most highly regarded of American legal traditions. The difficulty in maintaining this tradition, in a society permeated with every form of mass information media, of catering to a curious public is one of the vital issues of our time. This comment …
Standing To Object To Unreasonable Search And Seizure, Jill Bredeman Steps
Standing To Object To Unreasonable Search And Seizure, Jill Bredeman Steps
Missouri Law Review
In 1960, the Supreme Court decided Jones v. United States, the first full discussion of standing in a search and seizure case. That case declared that, in order to qualify as a "person aggrieved" by an unlawful search and seizure, one must have been the victim of a search and seizure, and that same person must be the one against whom the search was directed (as distinguished from one who was prejudiced only through the use of the evidence gathered as a result of a search and seizure directed at someone else). Thus, Jones changed the requirement as to the …
Joseph Story: The Age Of Jackson, Gerald T. Dunne
Joseph Story: The Age Of Jackson, Gerald T. Dunne
Missouri Law Review
The purpose of this article is to provide an overview of Andrew Jackson's presidency, beginning with his inaugeration, and ending with his predecessor, Van Buren.
Realization Of Income In Deferred Payment Sales, Richard N. Nixon
Realization Of Income In Deferred Payment Sales, Richard N. Nixon
Missouri Law Review
This comment will consider the extent to which a taxpayer must, because he received written evidence of the buyer's obligation to pay money in the future, recognize income at the time of the sale. The obligation received could be a simple promissory note, negotiable paper, a note secured by a mortgage, or as in Heller an installment contract. Although the availability of installment sales reporting under section 453 is an important consideration in the area, the comment will not deal with that aspect of the problem. A brief history of the pertinent statutory language and a consideration of what this …
Control Of Firearms, Edward H. Sheppard
Control Of Firearms, Edward H. Sheppard
Missouri Law Review
It is the purpose of this comment to summarize the firearm laws of Missouri against a background of gun legislation in other jurisdictions. A basic question to be discussed is: to what extent can a person own and carry firearms in Missouri without violating the criminal law?
Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney
Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney
Missouri Law Review
The present Missouri privilege statute is as follows: The following persons shall be incompetent to testify: .... a physician or surgeon, concerning any information which he may have acquired from any patient while attending him in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician or do any act for him as a surgeon. Even though the statute speaks of being "incompetent to testify" the statute has been interpreted to mean that it creates a physician-patient privilege. To claim the benefit of this statute two requirements must be met. First, …
Fourteenth Amendment And University Disciplinary Procedures, The, James M. Smart Jr.
Fourteenth Amendment And University Disciplinary Procedures, The, James M. Smart Jr.
Missouri Law Review
No abstract provided.
Highest And Best Use: An Economic Goal For Water Law, Donald R. Levi
Highest And Best Use: An Economic Goal For Water Law, Donald R. Levi
Missouri Law Review
No abstract provided.