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Articles 31 - 60 of 3741
Full-Text Articles in Law
Deepseek And The First Amendment: Assessing The Eighth Circuit And Missouri’S Legal Impact On Open-Source Ai, Alvin Hoi-Chun Hung
Deepseek And The First Amendment: Assessing The Eighth Circuit And Missouri’S Legal Impact On Open-Source Ai, Alvin Hoi-Chun Hung
Missouri Law Review
The rise of open-source generative artificial intelligence (AI) models presents new challenges for First Amendment jurisprudence. Although computer code has been recognized as protected speech, the emergent nature of AI-generated outputs complicates the boundary between human expression and machine autonomy. This Article examines the constitutional and regulatory implications of compelled disclosures and content filtering, situating the analysis within the precedent of the Eighth Circuit Court of Appeals and recent actions by the Missouri Attorney General targeting algorithmic opacity under consumer protection law. It further examines the limitations of Section 230 of the Communications Decency Act in addressing liability for autonomous …
No Thanks, Just Looking: A Post-Transunion Analysis Of Session-Replay Surveillance And Historical Privacy Harms, Maggie N. Munsterman
No Thanks, Just Looking: A Post-Transunion Analysis Of Session-Replay Surveillance And Historical Privacy Harms, Maggie N. Munsterman
Missouri Law Review
The constitutional doctrine of standing serves as a gateway to the federal courthouse, filtering out claims that lack a personal, concrete stake in the outcome. In privacy litigation, the alleged injuries may feel deeply personal but are often intangible and statutory. Amidst this tension, the injury-in-fact requirement of Article III has proven particularly thorny. The Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez set forth a framework requiring a “concrete” injury that bears a “close relationship” to harms traditionally recognized in American law. Yet, lower courts’ interpretation of this mandate varies considerably, especially in the …
Unlucky Chapter 13, Lawrence Ponoroff
Unlucky Chapter 13, Lawrence Ponoroff
Missouri Law Review
As a social program for individual debtors dealing with financial upheaval, Chapter 13 of the federal Bankruptcy Code is a failure and has been from its inception nearly 90 years ago. It is overly complex, internally inconsistent, and the product of congressional schizophrenia. There is no eagerness to fix it and no interest in eliminating it, which are both suggestions I have offered in the past. And so, with two strikes against me, I’ve decided to take my third and final swing. Using one of the most recent subjects of judicial disagreement over the proper application of the statute as …
The Price Is Right . . . Or Is It?: Thirteen Factors In Evaluating The Antitrust Implications Of Competitors’ Common Use Of Pricing Algorithms, Caleb M. Ross
Missouri Law Review
Imagine a ridesharing application that uses an algorithm to calculate and suggest the fares their drivers can set. If each driver in the area sets their fares at the algorithm’s suggested price, have they done so because there’s an illicit agreement to set artificially high prices? Or have they done so because it makes the most business sense for each of them to follow the algorithm’s recommendation? It is a basic tenet of antitrust law that it is illegal for competitors to agree on what prices to charge for their similar goods. This is commonly referred to as price fixing. …
Students Shouting Louder Than School Bells: An Analysis Exposing Anti-Youth Rationales In Federal Courts, Edward D. Scott Jr., Christopher L. Mathis
Students Shouting Louder Than School Bells: An Analysis Exposing Anti-Youth Rationales In Federal Courts, Edward D. Scott Jr., Christopher L. Mathis
Missouri Law Review
In a paradigm-shifting departure from conventional First Amendment analysis, this study is the first empirical examination of First Amendment rights, spanning every level of the federal judiciary, for students in public schools. Departing from conventional narratives, our scholarship examines how the federal court adjudicates the nuances surrounding the First Amendment within public K-12 educational institutions.
Discipline With Due Process: Constitutional Safeguards For Student Speech After Plaintiff A, Sarah Stich
Discipline With Due Process: Constitutional Safeguards For Student Speech After Plaintiff A, Sarah Stich
Missouri Law Review
When fifteen-year-old Louie posted a TikTok video criticizing his school’s disciplinary policies from his bedroom, he faced a month-long suspension despite having no notice of which policies he had violated. Across the country, Kaitlin shared a Snapchat criticizing her chemistry teacher with friends at a local coffee shop and faced expulsion with minimal opportunity to explain the context. In both cases, students received limited procedural protections before suffering severe academic consequences.
Faster Than The Speed Of Law: Data Privacy And Judicial Deference In Matters Of Technological Development And Social Media, Andrew A. Bohon
Faster Than The Speed Of Law: Data Privacy And Judicial Deference In Matters Of Technological Development And Social Media, Andrew A. Bohon
Missouri Law Review
Judge Richard Posner, formerly of the Seventh Circuit, once wrote, “the courtroom is not the place for scientific guesswork, even of the inspired sort. Law lags science; it does not lead it.” The particular occasion for this maxim was a case in which Judge Posner disregarded the testimony of an expert witness who claimed the use of a nicotine patch had caused the plaintiff to suffer a heart attack—a claim with “no backing from scientific theory or data.” Cutting-edge technology is antithetical to the law, which is better-suited to an era of horse-drawn carriages and often requires judicial guesswork to …
Build, Baby, Build: Federal Takings For Affordable Homes, Desiree C. Hensley
Build, Baby, Build: Federal Takings For Affordable Homes, Desiree C. Hensley
Missouri Law Review
The private housing market in the U.S. fails to produce sufficient affordable housing for the people who need it. Even middle-income Americans are stretched to buy or rent. If local and state governments cannot respond effectively, may the federal government simply use eminent domain to build affordable homes to correct the nation’s housing market, including the high cost of land? Conventional wisdom is that the Constitution prohibits such federal action. This understanding arises from a brief period during which the federal government built fifty housing projects—approximately 21,000 housing units—in thirty-five cities across the United States during the Great Depression. The …
Unreasonable Accommodations: Staple V. School Board Of Broward County And The Case For The Interactive Process In Title Vii Accommodations, M. Thomas Yang
Unreasonable Accommodations: Staple V. School Board Of Broward County And The Case For The Interactive Process In Title Vii Accommodations, M. Thomas Yang
Missouri Law Review
When Congress enacted the Americans with Disabilities Act (ADA) in 1990, it envisioned a unique dispute resolution mechanism within the statute—the interactive process. Under this process, when an employee requests an accommodation from an employer, the two must “work together to assess whether an employee’s disability can be reasonably accommodated.” Although the term “interactive process” does not appear in the ADA’s text, the Equal Employment Opportunity Commission (EEOC) interpreted Congress’s intent and incorporated the interactive process into its regulations to guide disability accommodations. Strangely though, Title VII, which governs religious accommodations, does not include the interactive process in its text …
The Straw That Broke The Camel’S Back: How Expanding The Statute Of Limitations For Pre-Enforcement Challenges Filed Under The Apa Could Upset The Administrative System, Paige K. Harris
Missouri Law Review
Everyone has bad days. But certain days are the worst. The days where everything seems to go wrong. You set the alarm for 6:00 p.m., not 6:00 a.m. You didn’t set the coffee pot, and the café’s line was too long, so you walk into work with a severe lack of caffeine. Your project manager asks you a question you know you answered last week. That annoying co-worker talks over you in a meeting, the chips get stuck in a vending machine, and your rush hour commute takes forty-five minutes longer than expected. Finally, something happens that makes you snap. …
The Obviousness Paradox: Should Design And Utility Patents Play By The Same Rules?, Brooks W. Fleischmann
The Obviousness Paradox: Should Design And Utility Patents Play By The Same Rules?, Brooks W. Fleischmann
Missouri Law Review
The standard American grading system recognizes an A as the best possible grade, while an F represents failure. To achieve an A, the typical benchmark is anywhere above 90%. Falling well below this mark, any grade below 60% constitutes failure. Accordingly, a higher percentage in class equates to a better GPA. Following this same logic in the world of sports, the greatest free-throw shooter in NBA history holds the record at 91%. The greatest field goal kicker in NFL history holds the record at 89.1%. However, the highest batting average in MLB history sits at .366, or 36.6%. According to …
Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton
Viability As Abortion-Rights Orthodoxy, Susan Frelich Appleton
Missouri Law Review
Borrowing a quotation from Justice Jackson's influential opinion in West Virginia Board of Education v. Barnette, Professors Linda McClain and James Fleming have named their ambitious and illuminating new book "What Shall Be Orthodox" in Polarized Times. As Justice Jackson wrote in applying the First Amendment to protect school children with familial objections to a required flag salute: "lf there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act …
Removing “Black Marks”: How States Can Preserve Wrongful Birth Suits Without Reliance On “Eugenic” Rhetoric, Paul J. Wuennenberg
Removing “Black Marks”: How States Can Preserve Wrongful Birth Suits Without Reliance On “Eugenic” Rhetoric, Paul J. Wuennenberg
Missouri Law Review
“[L]ebensunwertes Leben—Life Unworthy of Life.” Those words, used by the National Socialist (Nazi) Party in Germany to describe people with genetic disorders, ring throughout world history as a moral indictment of the Nazi German state and all those who collaborated with it. Unfortunately, Germany was not alone in its designation of some people as unworthy of life; the United States has also, throughout its history, given the same designation to portions of its population. From Japanese-Americans during the Second World War to people with disabilities in the era of eugenics, the American government has frequently singled out those whom it …
"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming
"What Shall Be Orthodox" In Polarized Times: Overview And Response To Commentators, Linda C. Mcclain, James E. Fleming
Missouri Law Review
"lf there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." Justice Robert Jackson wrote this celebrated passage in his majority opinion in West Virginia State Board of Education v. Barnette (1943), which protected the First Amendment right of Jehovah's Witness children not to participate in a compulsory flag salute in public schools. ln recent years, protests against imposed orthodoxy-usually invoking Barnette-have occurred in a growing …
The Illusion Of Redemption: Examining Gubernatorial Pardons, Collateral Consequences, And The Ineligibility For Public Office In Missouri, Anna Claire Parker
The Illusion Of Redemption: Examining Gubernatorial Pardons, Collateral Consequences, And The Ineligibility For Public Office In Missouri, Anna Claire Parker
Missouri Law Review
Imagine you have just pled guilty to a felony offense in Missouri. While the court may inform you of certain rights that will be lost, additional rights remain unmentioned. Suddenly, you find yourself stripped of fundamental liberties such as voting, serving on a jury, holding public office, and owning firearms. Additionally, the right to a trial by jury, the assistance of a lawyer at trial, and protection against self-incrimination have been forfeited. In this bleak scenario, a glimmer of hope emerges: the possibility of a gubernatorial pardon. This pardon represents a chance at redemption, potentially restoring all the rights you …
Vouching For Fair Housing: Landlords’ Duty To Accept Housing Vouchers As Reasonable Accommodations For Handicapped Tenants, Elly M. Lang
Vouching For Fair Housing: Landlords’ Duty To Accept Housing Vouchers As Reasonable Accommodations For Handicapped Tenants, Elly M. Lang
Missouri Law Review
Earning enough income to afford housing is challenging. Maintaining a steady job that covers both housing and basic essentials requires significant time and energy. Now, imagine you have a physical disability affecting your mobility. Suddenly, your job options are limited, and your health care costs increase. Now, imagine you suffer from a psychological disability as well. Your health care costs skyrocket because you must pay for medications to alleviate both your physical and psychological disabilities, equipment to assist your mobility, therapy fees, and other essential health care costs. In addition, your already limited job opportunities have again been significantly reduced. …
Toward A Politically Neutral Approach To K-12 Pedagogy, Cameron S. Kang, John M. Kang
Toward A Politically Neutral Approach To K-12 Pedagogy, Cameron S. Kang, John M. Kang
Missouri Law Review
Professors Linda McClain and James Fleming have written an intellectually stimulating book manuscript, “What Shall Be Orthodox” in Polarized Times? It is a privilege to have been afforded access to an early iteration of the book and an opportunity to share our thoughts about it. We (with “we” and its related “our” and “us” denoting Cameron and John) were inspired by Professors McClain and Fleming to reflect about the relationship between pedagogy and the Constitution.
Barnette’S Robert H. Jackson: The Constitution Protects Individual Conscience When The Cost To Society Is Not Too High, John Q. Barrett
Barnette’S Robert H. Jackson: The Constitution Protects Individual Conscience When The Cost To Society Is Not Too High, John Q. Barrett
Missouri Law Review
This essay, part of a symposium on Linda McClain’s and James Fleming’s book “WHAT SHALL BE ORTHODOX” IN POLARIZED TIMES, is about Justice Robert H. Jackson’s opinion for the Supreme Court in West Virginia State Board of Education v. Barnette. Justice Jackson explained in Barnette how the U.S. Constitution protects schoolchildren conscientious objectors from being compelled by government to salute and to pledge allegiance to the U.S. flag. But Barnette was not, as the Supreme Court recently seems to read it, an absolutist decision constitutionalizing individual conscience claims to be exempt from societal, general, significant interests in compelling speech. Barnette …
Between The Sword And A Hard Place: Systemic Solutions To The Shortcomings Of The Missouri Public Defender System, Andrew A. Bohon
Between The Sword And A Hard Place: Systemic Solutions To The Shortcomings Of The Missouri Public Defender System, Andrew A. Bohon
Missouri Law Review
“Striving to better, oft we mar what’s well.” The attempt to solve a problem can sometimes topple a functional system entirely. The striving to improve a thing can frustrate its purpose. Limping along under the guise of functionality, however, many sociopolitical processes hinder our progress. Something works, so we cling to it in fear of making it worse. The idea has been aphorized that perfect is the enemy of good. Although a quaint and conservative philosophy, there is a countertheory: “Good is the enemy of great.”
Supreme Court Lgbtq Orthodoxy, Carlos A. Ball
Supreme Court Lgbtq Orthodoxy, Carlos A. Ball
Missouri Law Review
This Article argues that the Supreme Court has relied on two simplifying assumptions in First Amendment exemption cases involving LGBTQ issues. The first assumption is that the government’s interest in addressing and remedying discrimination is irrelevant to the matter at hand. The second assumption is that state officials, in enforcing sexual orientation antidiscrimination laws against individuals who object to them on religious or moral grounds, seek to force the dissenters to speak in ways they do not want to speak. As the Article explains, the Court has abided by neither simplifying assumption in exemption cases involving the application of race …
Starting The Conversation: The Need For A Pre-Launch “Skinny Labeling” Dispute Resolution System, Eric H. Siemens
Starting The Conversation: The Need For A Pre-Launch “Skinny Labeling” Dispute Resolution System, Eric H. Siemens
Missouri Law Review
Since Congress adopted the Hatch-Waxman Act in 1984, generic drug manufacturers have been able to come to market while certain uses of brand-name drugs are still patented by “carving out” the patented uses from their labeling. For example, suppose a brand-name drug is used to treat both tonsillitis and strep throat, but the drug company has patented only the specific method of using its drug to treat only strep throat. In this scenario, a generic manufacturer can still sell a generic version of the drug, but only for the non-patented use of tonsillitis treatment. To do this, the generic manufacturer …