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Articles 541 - 570 of 3741
Full-Text Articles in Law
The Scope Of § 337 Post-Suprema, Inc. V. International Trade Commission, Matthew Davis
The Scope Of § 337 Post-Suprema, Inc. V. International Trade Commission, Matthew Davis
Missouri Law Review
This Note first sets forth the facts and holding of the Federal Circuit’s decision in Suprema. Then, it examines the origins of the ITC, the relationship between § 337 and the Patent Act, and the cases that were raised in the majority and dissenting opinions. Next, it details the court’s interpretation of § 337 under the Chevron framework. Finally, this Note appraises the court’s construction, addresses the concerns underlying the decision, and assesses the harmful consequences of extending the ITC’s authority to the importation of non-infringing articles intended to induce post-importation infringement.
Consideration Of Genetic Connections In Child Custody Disputes Between Same-Sex Parents: Fair Or Foul?, Jessica Feinberg
Consideration Of Genetic Connections In Child Custody Disputes Between Same-Sex Parents: Fair Or Foul?, Jessica Feinberg
Missouri Law Review
Historically, in child custody disputes involving same-sex couples who conceived their children through assisted reproductive technology, the law only recognized the relationship between the child and the member of the same-sex couple who was the child’s genetic parent. Consequently, non-genetic parents in these situations were frequently denied standing to seek custody or visitation following the dissolution of their relationship with the child’s genetic parent. Due to recent legal advancements, however, it is becoming far more common for both members of a same-sex couple to be legally recognized as the parents of a child conceived through assisted reproductive technology. Unfortunately, despite …
Copyright Protection: The Force Could Not Keep Han Solo Alive, But Can It Protect Him From Authors’ Derivative Works?, Micah Uptegrove
Copyright Protection: The Force Could Not Keep Han Solo Alive, But Can It Protect Him From Authors’ Derivative Works?, Micah Uptegrove
Missouri Law Review
This Note is meant to address the issues surrounding the rights copyright holders have in their characters and what rights they should be given. These existing rights are so valuable that it is likely that major companies such as Disney are going to continue to try to extend copyright duration; this method has worked repeatedly in the past to protect their fictional characters. The extension of copyright duration through statutes is an attempt to navigate the issue that the U.S. Constitution technically only allows for copyrights to be protected for a “limited time.” If companies such as Disney can get …
“Show Me” Your Legal Status: A Constitutional Analysis Of Missouri’S Exclusion Of Daca Students From Postsecondary Educational Benefits, Britteny Pfleger
“Show Me” Your Legal Status: A Constitutional Analysis Of Missouri’S Exclusion Of Daca Students From Postsecondary Educational Benefits, Britteny Pfleger
Missouri Law Review
This Note discusses how Missouri’s exclusion of in-state tuition and state scholarship funding affects DACA students and concludes the Missouri legislature’s proposal violates the Fourteenth Amendment’s Equal Protection Clause. Part II explores the DACA program and its effects on both DACA individuals and society; it then lays out Missouri law on higher education benefits, both prior to and after the passage of HB 3 and SB 224. Next, Part III details the process used to evaluate equal protection claims based on immigration status. Part IV scrutinizes the legislation under equal protection case law, ultimately concluding in Part V that HB …
We Have To Do Better: Attacking Teacher Tenure Is Not The Way To Solve Education Inequity, Ellen Henrion
We Have To Do Better: Attacking Teacher Tenure Is Not The Way To Solve Education Inequity, Ellen Henrion
Missouri Law Review
“[I]t is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” In Brown v. Board of Education, the Supreme Court of the United States struck down public school segregation laws and declared that equal access to education was a right that must be afforded to every student. Sixty years after this landmark decision, significant education equity issues continue to plague the country’s schools, which …
Improving Tax Incentives For Wind Energy Production: The Case For A Refundable Production Tax Credit, Michelle D. Layser
Improving Tax Incentives For Wind Energy Production: The Case For A Refundable Production Tax Credit, Michelle D. Layser
Missouri Law Review
The purpose of this Article is to further our understanding of how the production tax credit works and does not work as a tax incentive to promote investment in renewable energy and to fight climate change. For reasons to be discussed, the tax incentives traditionally available present a number of transaction costs and limitations that make them less effective than alternative incentives. Specifically, this Article looks at the way the production tax credit is employed in the context of wind farm development. Because similar tax incentives and market conditions are relevant to other renewable energy industries, such as the solar …
Raising Our Standards: Rethinking The Supreme Court’S Abortion Jurisprudence, E. C. Duckworth
Raising Our Standards: Rethinking The Supreme Court’S Abortion Jurisprudence, E. C. Duckworth
Missouri Law Review
Part II of this Note explores the Supreme Court’s abortion jurisprudence by discussing MKB Management Corp. v. Stenehjem, which declared a North Dakota statute barring abortions after a fetus has a detectable heartbeat to be unconstitutional. Next, Part III analyzes the relevant history surrounding abortion rights and the rationale behind the precedent relied on in Stenehjem. Part IV examines the U.S. Court of Appeals for the Eighth Circuit’s decision to void the statute, along with the Eighth Circuit’s vehement plea for a new abortion standard. Finally, Part V of this Note reveals flaws in the Supreme Court’s current abortion jurisprudence …
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Implementing The Lessons From Wrongful Convictions: An Empirical Analysis Of Eyewitness Identification Reform Strategies, Keith A. Findley
Missouri Law Review
Using eyewitness misidentification – one of the leading contributors to wrongful convictions and the most thoroughly and scientifically studied of those contributors – as the focus, this Article begins to fill that void by empirically analyzing a variety of approaches to eyewitness identification reform that have been attempted. This Article establishes a taxonomy of reform efforts that includes top-down, command-and-control legislation; entirely bottom-up, essentially laissez-faire approaches to identification practices; and a hybrid that builds on emerging notions of democratic experimentalism – a form of “new governance” – to foster bottom-up experimentation by imposing obligations on police while giving them the …
The Eighth Circuit Allows A Child Tax Credit Exemption In Bankruptcy Proceedings: A Minty Fresh Start Or Abuse Of The System?, Rebekah Keller
The Eighth Circuit Allows A Child Tax Credit Exemption In Bankruptcy Proceedings: A Minty Fresh Start Or Abuse Of The System?, Rebekah Keller
Missouri Law Review
Part II of this Note examines the issues presented in the instant case, Hardy v. Fink, in which the Eighth Circuit became the first circuit court to include the Child Tax Credit as a “public assistance benefit” under the Missouri exemption statute in a bankruptcy proceeding. Part III explores the applicable laws, legislative history, and recent case law that addressed these issues. Part IV explores the Hardy decision’s in-depth examination of the legislative history surrounding the Child Tax Credit and the underlying purpose behind including public assistance benefits in both state and federal exemption schemes. Part V offers a framework …
Dueling Decisions: The Wrongful Death Clock Clangs Twice On The Same Day, Stacey Ann Lannert
Dueling Decisions: The Wrongful Death Clock Clangs Twice On The Same Day, Stacey Ann Lannert
Missouri Law Review
Part II of this Note provides the facts and holding in Boland. Part III presents the legal background of Boland, discusses both the statutory and common law origins of wrongful death causes of action, and explores Missouri’s unique history of wrongful death statutory interpretation. Part IV analyzes the rationale of the Boland court’s return to the strict interpretation standard of days past. Finally, Part V discusses the ramifications of the court's decision and explores why the court should have acknowledged wrongful death claims that ascended from common law.
Remands By Deception, William M. Janssen
Remands By Deception, William M. Janssen
Missouri Law Review
This Article explores that conundrum. Part I introduces the preliminaries of removal, remand, and Congress’s no-review directive, supplying an orientation to the background of these concepts, their purpose, and their operation. Part II discusses the only appellate resolution to have ever squarely confronted this question, the Fourth Circuit’s opinions in Barlow v. Colgate Palmolive Co. Part III conducts the statutory analysis to evaluate whether Congress has indeed enacted a statute that actually forestalls the federal judiciary’s ability to protect itself against fraud in the remand process. After exploring the nuances of the statute’s language, the guide of “ordinary meaning,” and …
Frederick Douglass’S Constitution: From Garrisonian Abolitionist To Lincoln Republican, Paul Finkelman
Frederick Douglass’S Constitution: From Garrisonian Abolitionist To Lincoln Republican, Paul Finkelman
Missouri Law Review
This Article explores how the great black abolitionist Frederick Douglass was both a constitutional actor and a constitutional theorist. Unlike most constitutional actors, Douglass was not a judge, lawyer, professor, or an elected official. Nevertheless, throughout much of his life, Douglass shaped the Constitution through his actions. He was also shaped by the Constitution as he went from being a fugitive slave – and thus an “object” of the Constitution – to being a free citizen and an appointed officeholder. He became a constitutional theorist who brought his theories into action through his speeches, writings, and activities as an abolitionist, …
Promoting “Normalcy” For Foster Children: The Preventing Sex Trafficking And Strengthening Families Act, Paul Jacobson
Promoting “Normalcy” For Foster Children: The Preventing Sex Trafficking And Strengthening Families Act, Paul Jacobson
Missouri Law Review
This Article begins by analyzing the legal backdrop from which the Act emerged. It then discusses the promulgation and provisions of the Act. Lastly, this Note comments on the Act, specifically addressing its necessity, its likely effectiveness, and whether it adequately addresses the pressing concerns of foster youth in the United States
Minors, Parents, And Minor Parents, Maya Manian
Minors, Parents, And Minor Parents, Maya Manian
Missouri Law Review
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that …
The Supreme Court Of Missouri Splashes With Precedent In Waterslide Injury Case, Joe Krispin
The Supreme Court Of Missouri Splashes With Precedent In Waterslide Injury Case, Joe Krispin
Missouri Law Review
This Note reviews the legal history of amusement park operator liability in Missouri, discusses the application of that law to a recent incident involving a young girl injured at a Kansas City waterpark, and analyzes the various applications of the law made by the Supreme Court of Missouri, the Missouri Court of Appeals, and the dissenting Supreme Court of Missouri judges. This Note concludes by discussing relevant public policy concerns.
Sustainable Constitutional Growth? The “Right To Farm” And Missouri’S Review Of Constitutional Amendments, Angela Kennedy
Sustainable Constitutional Growth? The “Right To Farm” And Missouri’S Review Of Constitutional Amendments, Angela Kennedy
Missouri Law Review
Part I discusses the historical background and enactment of the amendment. Next, Part II outlines the legal challenges available during the political constitutional amendment process, detailing what challenges were – or were not – made to the right-to-farm amendment during its enactment. Part III discusses how Missouri courts generally review legislatively-referred constitutional amendments and how they would likely review challenges brought under the right-to-farm amendment. Part IV discusses the adequacy of existing legal challenges to Missouri constitutional amendments – particularly on the front end – when these amendments are enacted via a single election. It also provides suggestions for the …
No Less A Victim: A Call To Governor Nixon To Grant Clemency To Two Missouri Women, Kristen L. Stallion
No Less A Victim: A Call To Governor Nixon To Grant Clemency To Two Missouri Women, Kristen L. Stallion
Missouri Law Review
Approximately one in three women in the United States will fall victim to domestic violence in her lifetime. In recent years, an intimate partner killed approximately thirty-nine percent of female homicide victims in the United States; an intimate partner only killed 2.8% of male homicide victims. Battered Woman Syndrome (“BWS”) has received broad recognition in an effort to help factfinders better understand how battered women perceive their relationships, and opportunities for escape from abuse, as well as reactions to the cycle of violence. Before the introduction of expert testimony regarding BWS was admissible at trial, women who killed their partners …
Assuming The Worst: Eliminating The Forcibly Steals Element From Second-Degree Robbery, Ross Valore
Assuming The Worst: Eliminating The Forcibly Steals Element From Second-Degree Robbery, Ross Valore
Missouri Law Review
This Note begins with an exploration of the factual circumstances that gave rise to the court’s determination that an objective standard should be applied when determining whether a threat of the immediate use of physical force exists in second-degree robbery cases. This Note then discusses the conflict among Missouri appellate courts regarding the determination of whether a threat of force exists, while also looking at how other states have handled this issue. Next, this Note provides an analysis of the Supreme Court of Missouri’s reasoning in Brooks and, finally, explores how the objective standard articulated by the court will be …
Prohibition’S Lingering Shadow: Under-Regulation Of Official Uses Of Force, Wesley M. Oliver
Prohibition’S Lingering Shadow: Under-Regulation Of Official Uses Of Force, Wesley M. Oliver
Missouri Law Review
Grand jury determinations that officers would face no charges in the shooting death of Michael Brown or in the choking death of Eric Garner sparked controversy and riots. This is, of course, a challenge to the ability of the criminal justice system’s ability to resolve society’s most contentious issues. Highly contentious racial issues have long defied resolution through deliberative processes, even though the law strives to achieve outcomes that will be viewed as legitimate. Poorly defined rules of criminal procedure, however, have contributed to judicial resolutions that the public finds unsatisfactory. Our constitutional scheme for regulating police – which traces …