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Articles 391 - 420 of 3741
Full-Text Articles in Law
Reconsidering Missouri’S Warrant Suppression Standard, James Sanders
Reconsidering Missouri’S Warrant Suppression Standard, James Sanders
Missouri Law Review
The search warrant is a foundational component of the American criminal justice process. Designed to limit and prevent overreach by police and other law enforcement entities, the framers of the Fourth Amendment of the United States Constitution sought to use warrants as a tool to control the scope and breadth of searches and seizures of private property. The Fourth Amendment’s warrant requirements are a vital check on the proactive and ever-growing police efforts of state and federal authorities.
Secrets Of The Deep: Defining Privacy Underwater, Annie Brett
Secrets Of The Deep: Defining Privacy Underwater, Annie Brett
Missouri Law Review
No abstract provided.
A New Look At The Ada’S Undue Hardship Defense, Nicole Buonocore Porter
A New Look At The Ada’S Undue Hardship Defense, Nicole Buonocore Porter
Missouri Law Review
No abstract provided.
Expungement Expansion: Missouri Makes More Misdemeanors Moot, Raymond Lee
Expungement Expansion: Missouri Makes More Misdemeanors Moot, Raymond Lee
Missouri Law Review
No abstract provided.
Wielding The Constitutional Sword: Lampley’S Expansion On Evidencing Sexual Discrimination, Jane Rose
Wielding The Constitutional Sword: Lampley’S Expansion On Evidencing Sexual Discrimination, Jane Rose
Missouri Law Review
No abstract provided.
Plea Bargaining: From Patent Unfairness To Transparent Justice, Mirko Bagaric, Julie Clarke, William Rininger
Plea Bargaining: From Patent Unfairness To Transparent Justice, Mirko Bagaric, Julie Clarke, William Rininger
Missouri Law Review
No abstract provided.
Conditional Innocence And The Myth Of Consent: The Subtle Coercion Of Cercla’S Contiguous Property Owner Protection, Trayce Hockstad
Conditional Innocence And The Myth Of Consent: The Subtle Coercion Of Cercla’S Contiguous Property Owner Protection, Trayce Hockstad
Missouri Law Review
No abstract provided.
Intent Or Opportunity? Eighth Circuit Analyzes Intent Element Of Generic Burglary, Rachel Mitchell
Intent Or Opportunity? Eighth Circuit Analyzes Intent Element Of Generic Burglary, Rachel Mitchell
Missouri Law Review
No abstract provided.
Made In The Midwest: Missouri’S Puppy Mill Problem And How It Should Be Fixed, Bailey M. Schamel
Made In The Midwest: Missouri’S Puppy Mill Problem And How It Should Be Fixed, Bailey M. Schamel
Missouri Law Review
No abstract provided.
Intern Or Employee In Disguise? The Rise Of The Unpaid Internship And The Primary Beneficiary Test, Morgan Knott
Intern Or Employee In Disguise? The Rise Of The Unpaid Internship And The Primary Beneficiary Test, Morgan Knott
Missouri Law Review
No abstract provided.
The Eighth Circuit Further Complicates Plaintiff Standing In Data Breach Cases, Aaron Wynhausen
The Eighth Circuit Further Complicates Plaintiff Standing In Data Breach Cases, Aaron Wynhausen
Missouri Law Review
No abstract provided.
Plight Of The Public Defender: Excessive Caseload As A Non-Mitigating Factor In Sanctions For Ethical Violations, Taylor Payne
Plight Of The Public Defender: Excessive Caseload As A Non-Mitigating Factor In Sanctions For Ethical Violations, Taylor Payne
Missouri Law Review
This Note discusses the thought-provoking ruling in In re Karl William Hinkebein and its implications for public defenders in Missouri. Part II of this Note details the facts and holding of the case. Part III of this Note gives a brief history of the Missouri State Public Defender System (“MSPD”), highlighting its current shortcomings and challenges. Part III then discusses the influential ethics opinion issued by the American Bar Association (“ABA”) and the ABA Standards for Imposing Lawyer Sanctions (“ABA Standards”). Part IV of this Note analyzes the decision of the Supreme Court of Missouri to sanction Karl Hinkebein. Part …
Technology Or Privacy: Should You Really Have To Choose Only One?, Callie Haslag
Technology Or Privacy: Should You Really Have To Choose Only One?, Callie Haslag
Missouri Law Review
Today’s society has both the blessing and the curse of having access to a vast range of technologies. A person can be diagnosed by doctors while video-chatting from his or her own home, communicate with someone located on the other side of the world instantaneously, or monitor his or her home through enhanced security systems. It is even possible to give simple commands, like “Turn on the lights” or “Play my favorite song,” and a home assistant device, such as the Amazon Echo, will complete the given task. While these technologies offer many blessings, there are potential downsides that accompany …
A “Holding Company Exception” To Hertz?, Lauren Vincent
A “Holding Company Exception” To Hertz?, Lauren Vincent
Missouri Law Review
After the Supreme Court of the United States announced in Hertz Corp. v. Friend that a corporation’s principal place of business is its “nerve center” – i.e., its “center of direction, control, and coordination” – the complexity associated with determining a corporation’s principal place of business seemed to be a thing of the past. Although the Hertz decision brought substantial clarity to the issue of corporate diversity jurisdiction, its one-size-fits-all test for determining principal place of business has proven less than straightforward when applied to modern corporate structures – notably, holding companies. This Note addresses one perplexing problem that Hertz’s …
A Sign To Many No More: Supreme Court Of Missouri Casts Away Church’S Sign Variance, Matthew Neuman
A Sign To Many No More: Supreme Court Of Missouri Casts Away Church’S Sign Variance, Matthew Neuman
Missouri Law Review
Depending on the context in which they are encountered, the consequences of land use zoning may be viewed either as a saving grace – preserving or prospectively safeguarding the locality to similar compatible uses – or as an obstacle to overcome – hindering the development potential or use of a piece of land. Although the level of concern may vary based upon the zoning district, homeowners in residential neighborhoods have a right to be particularly sensitive to adjacent land use. Part II of this Note explores the facts of Antioch Community Church v. Board of Zoning Adjustment of City of …
Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky
Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Lidsky
Missouri Law Review
As a professor of Media Law, I have devoted my career over the past quarter of a century to the idea that the press plays a special role in our democracy. That role is largely encapsulated by the concept of the press as Fourth Estate – an unofficial branch of government in our scheme of separation of powers that checks the power of the three official branches. In our constitutional scheme, the press is the watchdog that informs us what the legislative, executive, and judicial branches of government are up to and continually replenishes the stock of news – real …
The Press And The Expectation Of Executive Counterspeech, Ronnell Andersen Jones
The Press And The Expectation Of Executive Counterspeech, Ronnell Andersen Jones
Missouri Law Review
This Article explores the wider constitutional and democratic consequences of a president’s refusal to engage in counterspeech on matters of public concern. It argues that both fundamental principles of First Amendment theory and watershed cases from the United States Supreme Court presuppose a constitutional system of dialogue between the press and the executive in which the president offers verifiable, supported, fact-based counterspeech to press coverage with which he disagrees. Part II of this Article describes how marketplace-of-ideas, self-governance, and checking-function principles—although more often invoked to protect private speech from governmental restriction—also manifest a longstanding assumption of executive counterspeech. It explores …
Presidential Attacks On The Press, Sonja R. West
Presidential Attacks On The Press, Sonja R. West
Missouri Law Review
The goals of this short Article are modest. It seeks simply to differentiate the various ways Trump has attacked the press, to emphasize that we should not view them all through the same constitutional lens, and to bring attention to the most serious type of offense. In Part I, I divide the kinds of attacks into three categories of increasing seriousness. I discuss a number of examples in which Trump has used insults, generalized threats, denials of benefits, and government power to punish the press for coverage he dislikes. Then, in Part II, I analyze each type of attack under …
Examining The Impact Of In Re Brunetti On § 2(A) Of The Lanham Act, Alex Weidner
Examining The Impact Of In Re Brunetti On § 2(A) Of The Lanham Act, Alex Weidner
Missouri Law Review
For § 2(a)of the Lanham Act, 2017 proved to be a devastating year. Not only did the Matal v. Tam decision strike down the disparagement provision, it served as a springboard for In re Brunetti to invalidate the bar against immoral and scandalous marks later that year. This Note examines whether the majority correctly invalidated the immoral-scandalous provision, argues that it did not, and analyzes the likelihood the remaining two provisions in the Lanham Act will be struck down by another First Amendment challenge. Part II summarizes the facts and holding of In re Brunetti. Part III provides an overview …
Can You Have Too Much Of A Good Thing?: The Modern Marketplace Of Ideas, Rachael L. Jones
Can You Have Too Much Of A Good Thing?: The Modern Marketplace Of Ideas, Rachael L. Jones
Missouri Law Review
This Article argues that though the state of the marketplace looks grim, it is not dead yet. Rather, we have entered an era in which the role of the marketplace is shifting. Instead of representing the proverbial promised land of truth and expression, the marketplace is serving an important role in the pursuit of democratic self-governance. From private media companies offering fact-checking services to combat false news to teenagers using social media to call citizens to action on gun reform, the marketplace appears to be adapting. But it remains to be seen whether the marketplace can continue to best serve …
Dynamex Is Dynamite, But Epic Systems Is Its Foil – Chamber Of Commerce: The Sleeper In The Trilogy, William B. Gould Iv
Dynamex Is Dynamite, But Epic Systems Is Its Foil – Chamber Of Commerce: The Sleeper In The Trilogy, William B. Gould Iv
Missouri Law Review
This Article examines the concept of the independent contractor classification – a characterization at issue in early litigation involving the question of whether particular workers are employees or independent contractors. It describes the early cases arising in transportation, including over-the-road trucking, the taxi-cab industry, and package delivery companies like Federal Express (“FedEx”). The Article takes the position that the concept of flexibility, frequently used by employers to classify or reclassify employees as independent contractors, is a false justification for determining that employees are independent contractors. It also takes the position that engaging in part-time work for numerous employers is consistent …
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Sexual Harassment Of Low-Income Women In Housing: Pilot Study Results, Rigel C. Oliveri
Missouri Law Review
This is a watershed moment for public awareness of sexual harassment. In recent months, high-profile and influential figures in media, government, and entertainment have been brought down by credible allegations that they have engaged in sexual misconduct. These revelations have sparked an important national discussion about the prevalence of sexual harassment in American society and the ways in which powerful people can use their positions both to exploit their vulnerable targets and to escape the consequences of their actions. The conversation is a necessary starting point, but the focus on high-status workplaces overlooks other contexts in which sexual harassment occurs. …