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Articles 421 - 450 of 3741
Full-Text Articles in Law
American Greed: The Eleventh Circuit Analyzes Whether Booze, Babes, And Business Can Tightrope The Line Between Fraud And Deceit, Raymond Lee
Missouri Law Review
South Beach, Miami, is renowned for its beautiful beaches, bikini-clad women, and incredible wealth. Such an environment is ripe for opportunistic businessmen who are anxious to make an easy buck. Enter Albert Takhalov, Isaac Feldman, and Stanislav Pavlenko (the “Defendants”), three Russian immigrants who built a business model aimed precisely at taking advantage of the unique opportunities that South Beach has to offer. By combining seductive women with tourism and alcohol, their profits quickly began to soar. There was only one problem. The crux of their plan involved misleading their patrons. While schemes to profit from unsuspecting customers are hardly …
Reasonable Minds May Differ: The Application Of Miller And Graham To Consecutive Sentences For Juvenile Offenders In Missouri, Shawna C. Quast
Reasonable Minds May Differ: The Application Of Miller And Graham To Consecutive Sentences For Juvenile Offenders In Missouri, Shawna C. Quast
Missouri Law Review
Ledale Nathan was convicted of second-degree murder and a series of nonhomicide offenses stemming from a home invasion he committed at the age of sixteen. The St. Louis Circuit Court sentenced Nathan at a time when Eighth Amendment jurisprudence regarding juvenile sentencing was in flux. The United States Supreme Court decided two cases that restricted the way courts sentence juvenile offenders: Graham v. Florida and Miller v. Alabama. Graham held that juvenile offenders who had not committed homicide offenses could not be sentenced to life without parole (“LWOP”), while Miller held that LWOP could not be a mandatory sentence for …
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
In Search Of The Final Head Ball: The Case For Eliminating Heading From Soccer, N. Jeremi Duru
Missouri Law Review
Soccer encourages and demands one action that puts the head in consistent danger: heading the ball. Thirty percent (30%) of concussions in soccer occur when two players attempt to head the ball at the same time, resulting in head clashes or heads colliding with other body parts or the ground. The desired outcome of an attempted header – head to ball impact – causes untold damage as well. This Article, therefore, argues that soccer’s governing bodies should eliminate the practice of heading from the game. Do-ing so would protect generations of soccer players to come and would limit potentially wide-spread …
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Exceeding The Scope Of An Easement: “Expanded Use” Within A Single Cable, Matthew Neuman
Missouri Law Review
Most people likely do not give a second thought to the manner in which utilities reach their homes. Water, gas, electricity, cable, and internet service must all make their way from source to faucet, stove, light fixture, television, and entertainment device. A complex infrastructure system exists both below ground in pipes and conduits and above ground on utility poles. In cities, utility poles within generic utility easements are often adorned with a multitude of wires – of varying dimensions, levels, types, and ownership – constantly delivering electricity and information. At the core of this delivery system is the inconvenient fact …
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
A Narrow Escape: Transcending The Gid Exclusion In The Americans With Disabilities Act, Taylor Payne
Missouri Law Review
The Americans with Disabilities Act (“ADA”) was implemented in 1990 and is hailed as a pivotal piece of legislation that protects the civil rights of individuals with disabilities. Driven by the prejudice of certain influential legislators, transgender individuals were purposefully excluded from the ADA’s protection. This exclusion – commonly referred to as the “GID Exclusion” – ensured that “transsexualism” and “gender identity disorders not resulting from physical impairments” were not considered a “disability” under the ADA. The GID Exclusion effectively produced a categorical bar for transgender plaintiffs seeking legal recourse under the ADA despite the fact that many transgender individuals …
Implementing Online Dispute Resolution In Mo Healthnet Appeals: Increasing Access To Remedies While Decreasing State Spending, Jane Rose
Missouri Law Review
The distress associated with filing a civil lawsuit can leave an individual with a range of emotions, including despondency, humiliation, frustration, loss of self-confidence, and anxiety. Generally, an individual will only file suit if they suffer a serious harm. Subsequently, the individual must relive the injury at each step of the litigation. Repeatedly revisiting the injury disrupts the individual’s life and often leaves them feeling isolated and helpless. Now, picture an individual having to go through the entire process without the guidance of a lawyer, which is called pro se representation. This only adds to the individual’s stress levels. Representing …
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Sword Or Shield? The Threat Of Sovereign Immunity In Inter Partes Review, Alex Weidner
Missouri Law Review
Subject to few exceptions, Eleventh Amendment sovereign immunity prevents states from being hailed into federal court. Within the context of patent law, where all suits must be brought in federal court, states, including state entities, entitled to sovereign immunity cannot ordinarily be sued for infringement. In the instant case, Covidien LP (“Covidien”) attempted to circumvent the immunity by filing an administrative challenge to Florida’s patents rather than an in-court challenge. However, rather than hearing the challenge, the Patent Trial and Appeal Board Panel (the “panel”) dismissed the petition after holding that sovereign immunity also applies to immunize state actors from …
A Will For Willa Cather, Thomas E. Simmons
A Will For Willa Cather, Thomas E. Simmons
Missouri Law Review
Consider a songwriter who wants to ban the use of her music in advertisements or an author intent on eliminating the possibility that her novel will be optioned to a filmmaker. The law frowns upon these sorts of alienability limitations and use constraints. Property – including intellectual property – comes with an assorted bundle of use and alienability rights. The law detests unreasonable restraints on alienability. Courts have deterred owners from placing use limitations on property that bind future owners. Restraints on alienation are said to be repugnant, as are future interests that vest too remotely. The dead hand is …
Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan
Raising The Bar: The Ninth Circuit's Troubling Interpretation Of The Federal Foreclosure Bar, Sarah Rowan
Missouri Law Review
This Note argues that the Ninth Circuit erred in holding that the Federal Foreclosure Bar requires the Agency’s consent and that, even if it does require Agency consent, the Agency has not already impliedly consented. This Note also discusses the policy implications of the Berezovsky decision and of requiring the Agency’s consent before associations can foreclose. The Federal Foreclosure Bar completely undercuts the balance that priority lien laws created between lenders and associations, and it effec-tively prevents associations from enforcing their rights.
Disregarding Statutory Safeguards: The Supreme Court Of Missouri's Failure To Recognize Manifest Injustice In Predatory Sexual Offender Determinations, Lauren Vincent
Missouri Law Review
This Note scrutinizes the way in which the Supreme Court of Missouri resolved the issue of whether the predatory sexual offender statute, section 566.125.5(3), is constitutional when applied to currently charged acts in light of the procedural mandates for sentence enhancement provided in section 558.021.2. This Note argues the Supreme Court of Missouri erred in its interpretation of the statutory language provided in section 566.125.5(3) and in its application of Alleyne precedent. This Note further argues the Supreme Court of Missouri failed to recognize the manifest injustice that resulted when the trial court disregarded the statutory timing requirements that should …
Into The Final Frontier: The Expanse Of Space Commercialization, Rachel Mitchell
Into The Final Frontier: The Expanse Of Space Commercialization, Rachel Mitchell
Missouri Law Review
This Note explores the emerging commercialization of space and the legal questions that arise as companies seek to further exploit the space economy. Whether or not new laws passed in the United States and in Luxembourg that purport to give ownership rights to companies that harvest space materials comply with the Outer Space Treaty is disputed. Furthermore, the international space regime may not be equipped to govern a new age in space. This Note advocates that space mining should be legalized but finds that space law in its current form is inadequate to effectively regulate space mining and other emerging …
"Dangerous Instruments": A Case Study In Overcriminalization, Chad Flanders, Desiree Austin-Holliday
"Dangerous Instruments": A Case Study In Overcriminalization, Chad Flanders, Desiree Austin-Holliday
Missouri Law Review
Many states – including Missouri – have provisions that provide greater punishment for some felonies that are committed with, or by the use of, a “deadly weapon” or “dangerous instrument.” The definition of “deadly weapon” tends to be pretty straightforward, usually a list that includes several specific items that just are deadly weapons, such as guns and knives. “Dangerous instrument” is deliberately left as a broader, more capacious term – defined not in terms of a list of instruments but in terms of those things that could be easily or “readily” used to cause serious physical injury or death. But …
An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa
An Empirical Look At The "Brokered" Market For Patents, Brian J. Love, Kent Richardson, Erik Oliver, Michael Costa
Missouri Law Review
We studied five years of data on patents listed and sold in the quasi-public “brokered” market. Our data covers almost 39,000 assets, an estimated eighty percent of all patents and applications offered for sale by patent brokers between 2012 and 2016. We provide statistics on the size and composition of the brokered market, including the types of buyers and sellers who participate in the market, the types of patents listed and sold on the market, and how market conditions have changed over time. We conclude with an analysis of what our data can tell us about how to accurately value …
Remorse Bias, M. Eve Hanan
Remorse Bias, M. Eve Hanan
Missouri Law Review
It is an article that addresses how implicit cognitive biases may affect judges when they decide whether to credit defendants’ displays of remorse and how we can lessen the effects of that bias. This article focuses exclusively on the relationship between racial bias against African Americans – primarily men – and remorse assessment. Much more can and should be said about how implicit biases relating to gender, class, and other social groupings might affect judges when they assess defendant remorse. While taking a multi-dimensional approach to the intersections of race, gender, class, and other variables yields important insights, this article …
Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim
Help Me, Help You: Eighth Circuit Diminishes Notice Requirement For Employees Seeking An Ada Accommodation, Rachel S. Kim
Missouri Law Review
This Note argues that the Eighth Circuit’s holding creates uncertainty for both employers and employees. When deciding whether an employer has failed to engage in the interactive process, the Eighth Circuit should look to whether the employee clearly requested a need for an accommodation, rather than examining the totality of knowledge the employer had on hand. Requiring employees to clearly request an accommodation puts employers on notice and thus helps employers better help employees with disabilities. Part II of this Note provides the facts and holding of Kowitz. Part III examines the legal background surrounding Kowitz. Part IV reviews the …
Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel
Inadvertent Resurrection Of The Equitable Parentage Doctrine In Missouri? An Evaluation Of Motions For Third Party Custody And Defining A "Natural Father", Bailey M. Schamel
Missouri Law Review
This Note discusses the 2018 Supreme Court of Missouri decision of Bowers v. Bowers, which awarded full custody of a child to her stepfather. The facts in Bowers are discussed in Part II. Part III analyzes the Missouri Uniform Parentage Act and the approaches the Supreme Court of Missouri and Missouri appellate courts have taken when a child’s non-biological parent seeks full custody. Part IV explains the Supreme Court of Missouri’s rationale in granting full custody to the stepfather through a motion for third party custody and the dissent’s disagreement. Finally, Part V discusses why the Bowers court should not …
Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen
Incarcerated For Indigence: Probation Revocation For Inability To Pay Court-Ordered Fines Found To Violate Due Process, Aaron Wynhausen
Missouri Law Review
Currently, in Missouri, if you are an alleged criminal offender unable to afford bail, sitting in county jail waiting for trial, you may be racking up a bill worth thousands of dollars for your “care.” State prosecutors and judges have the discretion to impose this bill upon you, and if you are unable to pay this bill for any reason, then the true cost may well be the incalculable expense of your freedom. The Supreme Court of Missouri recently considered a case that followed this pattern and ultimately released a man who spent three years in state prison for failure …
Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky
Sanctions And The Blurred Boundaries Of International Economic Law, Perry S. Bechky
Missouri Law Review
No abstract provided.
The Drug Innovation Paradox, Erika Lietzan
Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow
Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow
Missouri Law Review
No abstract provided.
More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman
More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman
Missouri Law Review
No abstract provided.
Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer
Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer
Missouri Law Review
No abstract provided.