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Articles 331 - 360 of 3741
Full-Text Articles in Law
The Unappealing Nature Of Guilty Plea Agreements: Johnson’S Restrictions On Appeals Of Intellectual Disabilities, Alexander M. Brown
The Unappealing Nature Of Guilty Plea Agreements: Johnson’S Restrictions On Appeals Of Intellectual Disabilities, Alexander M. Brown
Missouri Law Review
In 2008, Ronald Johnson was charged with the murder of Luke Meiners, a St. Louis attorney. On the advice of his appointed defense counsel, Johnson pleaded guilty to the charge of first-degree murder to avoid the death penalty. Johnson was ineligible, however, for the death penalty because he was intellectually disabled. After his conviction, Johnson appealed for postconviction relief. Johnson received a mental evaluation, which concluded he was competent to stand trial. Thus, the court upheld his guilty plea. In an appeal to the Supreme Court of Missouri, Johnson argued that his conviction should be set aside because he received …
Twenty-Nine Photographs And The Deterioration Of The Missouri Relevance Rule, Luke A. Hawley
Twenty-Nine Photographs And The Deterioration Of The Missouri Relevance Rule, Luke A. Hawley
Missouri Law Review
Courts generally prohibit the admission of unfairly prejudicial evidence. The idea is that jurors should not be shown evidence if it has a substantially greater likelihood of prejudicing the jurors against the defendant than it does of helping them determine the facts of the case. Barring objections on other evidentiary grounds, if a piece of evidence provides substantially more probative than prejudicial value, the evidence can be shown to the jury. For decades, Missouri courts have limited the admissibility of unfairly prejudicial evidence. While federal courts are governed by the Federal Rules of Evidence, Missouri is one of the few …
A Judicial Balancing Act: Evaluating The First Amendment Claims Of Sitting Judges, Zeb J. Charlton
A Judicial Balancing Act: Evaluating The First Amendment Claims Of Sitting Judges, Zeb J. Charlton
Missouri Law Review
On April 14, 2017, members of the New Millennium Church in Little Rock, Arkansas, gathered outside of Arkansas’s Governor’s Mansion to protest capital punishment. The mansion’s resident, Governor Asa Hutchinson, had recently scheduled eight executions for the month of April. Two members of the congregation held signs reading, “Other states are trying to abolish the death penalty[,] mine’s putting it on express lane.” New Millennium Church’s lead minister Wendell Griffen lay on a cot in front of his parishioners to symbolize the use of capital punishment on Jesus Christ.
Chemtrails And Solar Geoengineers: Governing Online Conspiracy Theory Misinformation, Charles R. Corbett
Chemtrails And Solar Geoengineers: Governing Online Conspiracy Theory Misinformation, Charles R. Corbett
Missouri Law Review
This Article assesses legal obstacles to regulating chemtrail misinformation and proposes responses that work within prevailing norms and laws governing online speech. It explains how chemtrail content complicates public deliberation on solar geoengineering and, by extension, hurts the legitimacy of research activities. It also sharpens the general contributions of misinformation scholarship by applying them specifically to chemtrail content. It concludes with recommendations on how to limit chemtrail misinformation’s spread and impact. Reckoning with climate change, geoengineering, and online misinformation is a multigenerational project. Legal and policy analysis must accordingly adopt a long-time horizon when devising regulatory responses.
Out For Blood: The Expansion Of Exigent Circumstances And Erosion Of The Fourth Amendment, Tyler M. Ludwig
Out For Blood: The Expansion Of Exigent Circumstances And Erosion Of The Fourth Amendment, Tyler M. Ludwig
Missouri Law Review
The Fourth Amendment of the United States Constitution requires police officers to obtain a warrant before conducting a search of an individual. However, doing so is not always possible, and courts have created exceptions to this requirement in order to deal with pragmatic limitations. The need for these exceptions has often been presented to the United States Supreme Court in the context of obtaining blood alcohol concentration (“BAC”) tests from drivers suspected of driving under the influence. In Mitchell v. Wisconsin, the Supreme Court dealt with a new problem in this area: drawing blood from a suspected drunk driver who …
Indoctrination And Social Influence As A Defense To Crime: Are We Responsible For Who We Are?, Paul H. Robinson, Lindsay Holcomb
Indoctrination And Social Influence As A Defense To Crime: Are We Responsible For Who We Are?, Paul H. Robinson, Lindsay Holcomb
Missouri Law Review
A patriotic prisoner of war is brainwashed by his North Korean captors into refusing repatriation and undertaking treasonous anti-American propaganda for the communist regime. Despite the general abhorrence of treason in time of war, the American public opposes criminal liability for such indoctrinated soldiers, yet existing criminal law provides no defense or mitigation because, at the time of the offense, the indoctrinated offender suffers no cognitive or control dysfunction, no mental or emotional impairment, and no external or internal compulsion. Rather, he was acting purely in the exercise of free of will, albeit based upon beliefs and values that he …
Compliance Issues: The Supreme Court’S Confusing Messages To Municipalities, Abigail Greene
Compliance Issues: The Supreme Court’S Confusing Messages To Municipalities, Abigail Greene
Missouri Law Review
Local municipalities are vested with the power to enact zoning ordinances that prohibit signs and flags in residential areas for aesthetic purposes. This power directly competes with an individual’s constitutional right to use private property to express their views. The United States Supreme Court recently struck a balance for this conflict in Reed v. Town of Gilbert. The United States Court of Appeals for the Eighth Circuit applied this test in Willson v. City of Bel-Nor, Missouri and demonstrated the impracticability of the approach the Supreme Court created for municipalities when drafting ordinances.
Who Makes The Rules Around Here? The Missouri Legislature Redefines Discovery, Maddie Mcmillian
Who Makes The Rules Around Here? The Missouri Legislature Redefines Discovery, Maddie Mcmillian
Missouri Law Review
In 2019, the Missouri General Assembly passed Senate Bill 224, which made significant changes to the Missouri Supreme Court Rules governing discovery. The bill intended to align state discovery rules more closely with the Federal Rules of Civil Procedure (“the FRCP”), mirroring the majority of other states that have already adopted some form of the federal rules. In advocating for the change, the bill sponsor, Senator Tony Luetkemeyer (R-34), stated, “These reforms will expedite lawsuits, ensure more timely resolution of disputes, and reduce costs for all parties involved.” While the ultimate impact of the rule change remains to be seen, …
Multiparty Joinder And Venue: How Missouri Is Acting Against Historic Procedural Law Principles In An Effort To Curb Forum Shopping, Jackson Gilkey
Multiparty Joinder And Venue: How Missouri Is Acting Against Historic Procedural Law Principles In An Effort To Curb Forum Shopping, Jackson Gilkey
Missouri Law Review
Missouri has a problem. St. Louis City has become such a haven for plaintiffs to achieve easy victories with large awards that Missouri courts are now considered the second-worst forum by businesses for litigation.1 State ex rel. Johnson & Johnson v. Burlison attempted to fix this problem by requiring stricter application of joinder and venue statutes. But, in doing so, the Missouri Supreme Court and Legislature are acting against the historical and philosophical underpinnings of procedural law. Rather than trying to fix the substantive issues for why plaintiffs would rather bring their cases in this state, this decision instead makes …
The Slow-Me State: The Emergence Of Internet Sales Taxation And Missouri’S Anomalous Response, Claire Hawley
The Slow-Me State: The Emergence Of Internet Sales Taxation And Missouri’S Anomalous Response, Claire Hawley
Missouri Law Review
In South Dakota v. Wayfair, Inc., the United States Supreme Court fundamentally reshaped more than a century of precedent on the Dormant Commerce Clause. While this decision carries far-reaching implications, this Note is primarily concerned with its impact on state sales taxation and Missouri’s anomalous – and extremely costly – response. The authority of states to levy taxes on interstate commerce has traditionally been limited to retailers with a physical in-state presence. Founded on Due Process and Commerce Clause considerations, this rule was originally articulated in response to attempts by state governments to tax the sales of mail-order retailers. Over …
Policing Executive Teamwork: Rescuing The Apa From Presidential Administration, William Powell
Policing Executive Teamwork: Rescuing The Apa From Presidential Administration, William Powell
Missouri Law Review
No abstract provided.
Request Denied: Retaliation Under Title Vii For A Request For Religious Accommodation, Rhett Buchmiller
Request Denied: Retaliation Under Title Vii For A Request For Religious Accommodation, Rhett Buchmiller
Missouri Law Review
No abstract provided.
Deconstructing The Paradox Of The Constitutional Incarceration Of Innocent Citizens, Rebecca Charles
Deconstructing The Paradox Of The Constitutional Incarceration Of Innocent Citizens, Rebecca Charles
Missouri Law Review
No abstract provided.
Dead-Locked: Evaluating Judge-Imposed Death Sentences: Under Missouri's Death Penalty Statute, Michael J. Essma
Dead-Locked: Evaluating Judge-Imposed Death Sentences: Under Missouri's Death Penalty Statute, Michael J. Essma
Missouri Law Review
No abstract provided.
Children Are Our Future: Resurrecting Juvenile Rehabilitation Through "Raise The Age" Legislation In Missouri, Brittany L. Briggs
Children Are Our Future: Resurrecting Juvenile Rehabilitation Through "Raise The Age" Legislation In Missouri, Brittany L. Briggs
Missouri Law Review
No abstract provided.
Rogue Corporations: Unlawful Corporate Conduct And Fiduciary Duty, H. Justin Pace
Rogue Corporations: Unlawful Corporate Conduct And Fiduciary Duty, H. Justin Pace
Missouri Law Review
No abstract provided.
Bail Reform: A Possible Solution To Missouri's Broken Public Defender System?, Dana Kramer
Bail Reform: A Possible Solution To Missouri's Broken Public Defender System?, Dana Kramer
Missouri Law Review
No abstract provided.
Fake Polls, Real Consequences: The Rise Of Fake Polls And The Case For Criminal Liability, Tyler Yeargain
Fake Polls, Real Consequences: The Rise Of Fake Polls And The Case For Criminal Liability, Tyler Yeargain
Missouri Law Review
No abstract provided.
Tax Cuts And Jobs Act Changes To Qualified Transportation Fringe Benefits And The Resulting Impact On Tax-Exempt Organizations, Connor M. Sosnoff
Tax Cuts And Jobs Act Changes To Qualified Transportation Fringe Benefits And The Resulting Impact On Tax-Exempt Organizations, Connor M. Sosnoff
Missouri Law Review
Transportation to and from one’s place of employment is an important cost that most workers consider when choosing where to work. This may be particularly true for workers who seek employment in charitable or non-profit work. Section 132(f) of the Internal Revenue Code (the “Code”) incentivizes employers to provide employees with parking and transportation to attract potential employees to their business and ease the burden of commuting. This tax provision serves various policy rationales by allowing employees to exclude from their income transportation benefits received from their employer up to a monthly maximum. Allowing employees to exclude some of these …
The Best Laid Plans: How Administrative Burden Complicates Voting Rights Restoration Law And Policy, Jennifer L. Selin
The Best Laid Plans: How Administrative Burden Complicates Voting Rights Restoration Law And Policy, Jennifer L. Selin
Missouri Law Review
Despite significant literature on the electoral and democratic implications of laws that restore the right to vote to individuals with felony convictions, few scholars have explored whether these reforms result in practical changes. This Article examines the effect of administrative capacity and individual experience on policy implementation and finds that, even in the face of de jure felon rights restoration, policymakers can (knowingly or unwittingly) alter de facto restoration. Specifically, states have limited administrative capacity to absorb the costs of rights restoration. As a result, the burden of restoration falls onto citizens. Facing learning, compliance, and psychological hurdles to the …
New Tricks For An Old Dog: Deterring The Vote Through Confusion In Felon Disenfranchisement, Emily Rong Zhang
New Tricks For An Old Dog: Deterring The Vote Through Confusion In Felon Disenfranchisement, Emily Rong Zhang
Missouri Law Review
Felon disenfranchisement laws do not just disenfranchise. They also confuse. By imposing heavy penalties for failing to correctly navigate complex provisions, these statutes confuse eligible voters and discourage them from exercising their right to vote. In this way, felon disenfranchisement laws resemble modern voter suppression laws: they deter eligible voters from voting. Modest reforms can and should be implemented to affirmatively inform formerly incarcerated individuals of their restored voting rights.
Felon Disfranchisement In Missouri: 1821–1970, Pippa Holloway
Felon Disfranchisement In Missouri: 1821–1970, Pippa Holloway
Missouri Law Review
In Missouri, individuals who have committed a felony offense cannot vote until they have completed their prison sentence and any probation or parole. There are areas of both continuity and change over the two centuries since Missouri’s first constitution allowed the legislature to limit the suffrage rights of those convicted of infamous crimes. In pre-Civil War Missouri, the concept of infamy was a part of legal culture, as was the case in other states. Infamy connected the degradation of criminal activity and criminal punishment with the loss of citizenship rights and thus provided the intellectual foundation for felon disfranchisement. In …