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Articles 61 - 90 of 3741
Full-Text Articles in Law
The Sec, Fraud, And Cryptocurrencies, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman
The Sec, Fraud, And Cryptocurrencies, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman
Missouri Law Review
The SEC’s Strategic Plan for Fiscal Years 2022–2026 is focused on the impact of the rapidly developing rate of change in new technologies that provide for markets to be more interconnected and interdependent than ever. Because Congress has yet to give the SEC, or any other agency, express authority to regulate cryptocurrency, the SEC has taken a regulation-by-enforcement approach. The SEC’s recent enforcement efforts relating to crypto asset securities were substantial, with enforcement actions addressing a range of alleged misconduct in the crypto asset securities space, including billion-dollar crypto fraud schemes; unregistered crypto asset offerings, platforms, and intermediaries; and illegal …
The Clobes Conundrum: Why Muldrow Should Not Apply To Hostile Work Environment Claims And How The Eighth Circuit Got It Right, M. Thomas Yang
The Clobes Conundrum: Why Muldrow Should Not Apply To Hostile Work Environment Claims And How The Eighth Circuit Got It Right, M. Thomas Yang
Missouri Law Review
In 2024, the Supreme Court held that an employee does not have to prove material harm to prevail on a discrimination claim under Title VII. Because hostile work environment claims also derive from Title VII, courts and litigants are currently grappling with whether this ruling upends the long-standing “severe or pervasive” doctrine. This Note argues that it does not. Passed in 1964, Title VII of the Civil Rights Act makes it illegal for “an employer . . . to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, …
The Buck Stops Here: Missouri Legislature’S Defunding Of Abortion Providers, Maizey Edgar
The Buck Stops Here: Missouri Legislature’S Defunding Of Abortion Providers, Maizey Edgar
Missouri Law Review
On May 2, 2022, the Supreme Court’s draft opinion for Dobbs v. Jackson Women’s Health Organization leaked online. The era-defining opinion to overturn fifty years of Roe v. Wade and undo the constitutional right to abortion reinvigorated the discussion surrounding reproductive healthcare access among the American public, with the majority of Americans supporting legal access to abortion in all or most cases. Over the last decade, a movement to defund abortion providers has arisen, and the issue of defunding has become an even hotter point of debate after the Dobbs decision. In Missouri, elected representatives have fought to defund Planned …
Suicide’S Shadow: The Evolution Of A Ghost Crime, Scott W. Howe
Suicide’S Shadow: The Evolution Of A Ghost Crime, Scott W. Howe
Missouri Law Review
Law treats suicide as malfeasance—a display of mental illness and, worse, a ghost crime that has never left us. While states no longer criminally punish suicide, they detain and force mental-health treatment on many who attempt it, or indicate they might attempt it, and threaten criminal sanctions against those who aid or encourage it. For these and other reasons, the suicide label functions not merely as a description of an event but as a censure. A lengthy, legal history, fueled originally by religion but then tempered by pragmatism, led to these circumstances and can largely rationalize relevant legal doctrines and …
Intangible Harms, Tangible Consequences: Analyzing The Impact Of Transunion On Standing To Sue For Data Breach, Noelle Wilson, Amanda Reid
Intangible Harms, Tangible Consequences: Analyzing The Impact Of Transunion On Standing To Sue For Data Breach, Noelle Wilson, Amanda Reid
Missouri Law Review
Scholars and practitioners predicted that the 2021 Supreme Court case TransUnion v. Ramirez would essentially nullify the private right of action—a key enforcement mechanism for many consumer privacy laws. This Article analyzes federal courts (N=96) interpreting TransUnion in data breach contexts. Our contribution is twofold: (1) identifying tests courts employ to determine whether data breach plaintiffs have alleged sufficient “injury in fact” to establish Article III standing, and (2) highlighting the areas of inconsistency in how courts employ those tests. The analysis serves to ground the scholarly debate about the implications of TransUnion in holding breached entities accountable. Despite the …
Caught In The Crossfire: Eighth Circuit Inconsistencies In Judicial Review And Mental Health Hardship To Citizen Children, Maggie N. Munsterman
Caught In The Crossfire: Eighth Circuit Inconsistencies In Judicial Review And Mental Health Hardship To Citizen Children, Maggie N. Munsterman
Missouri Law Review
designed to thwart undocumented immigrants from remaining in the country, often hinge on the mental health of these very children.3 Caught in the crossfire of competing concerns, citizen children bear the unintended consequences of a legal framework that treats their hardships as both a policy concern and an adjudicative hurdle. Though these challenges arise from a deepl
Defining Diversity: Challenges To Diversity, Equity, And Inclusion Efforts In A Post-Affirmative Action America, Hannah Brown
Defining Diversity: Challenges To Diversity, Equity, And Inclusion Efforts In A Post-Affirmative Action America, Hannah Brown
Missouri Law Review
Finals season is a time of high stress in law schools. In fact, it is not uncommon for students to fantasize about miraculously convincing a court that a four-hour exam constitutes a form of intentional infliction of emotional distress. Such commentary remains firmly in comedic territory, not reality. Occasionally, however, law students with grievances beyond those expressed in the dramatic remarks above devote time and energy to seeking legal action against their respective law schools. The U.S. District Court for the Southern District of New York encountered such a situation in Doe v. New York University, where a student alleged …
A Systems Theory Of Tort Law: Reevaluating The Case Against “Regulation By Litigation”, Timothy D. Lytton
A Systems Theory Of Tort Law: Reevaluating The Case Against “Regulation By Litigation”, Timothy D. Lytton
Missouri Law Review
For decades, critics of tort law have argued that lawsuits are a poor substitute for government regulation. These detractors compare the institutional capacities of courts and agencies, and they conclude that litigation is ineffective, inefficient, and illegitimate as an alternative to notice-and-comment rulemaking. In response, this Article asserts that characterizing tort law and administrative regulation as alternatives obscures their interdependence. By using systems theory to model this interdependence, the Article argues that any fair-minded assessment of tort litigation’s contribution to regulatory governance requires understanding it as part of a system. Ignoring the systemic impacts of tort litigation overlooks the subtle …
Breaking Kayfabe, Thomas B. Bennett
Breaking Kayfabe, Thomas B. Bennett
Missouri Law Review
The membership of the Supreme Court affects how it decides cases. This maxim is well accepted among the public. But it is exceedingly rare for Supreme Court opinions to acknowledge this fact, even when it provides the best explanation for the Court’s behavior. And in the unusual instance in which Supreme Court opinions do refer to changes in the Court’s membership, it is jarring. This Article explores two questions that flow from these uncontroversial facts. First, why does it happen so rarely? Second, why does it happen at all? To answer these questions, the Article looks to an unusual source: …
The Clock Is Ticking: Legal Barriers In § 1983 Execution Protocol Challenges, Christian Witte
The Clock Is Ticking: Legal Barriers In § 1983 Execution Protocol Challenges, Christian Witte
Missouri Law Review
At 7:53 p.m. on January 25, 2024, the curtains opened, revealing Kenneth Smith strapped down in the execution room, covered by a white sheet. A respirator mask covered his face, serving as the conduit for nitrogen gas that Smith would soon inhale. The prison warden entered the execution chamber, read Smith’s death warrant, and allowed Smith to share his final words: “Tonight Alabama causes humanity to take a step backwards. I’m leaving with love, peace[,] and light . . . . Love all of you.” Alabama’s Attorney General permitted the warden to continue, signaling no court orders were staying the …
Do As I Say, Not As I Do: The Foreign Tax Credit Regulations’ Focus On The Terms Of Foreign Tax Law, Rebecca Rosenberg
Do As I Say, Not As I Do: The Foreign Tax Credit Regulations’ Focus On The Terms Of Foreign Tax Law, Rebecca Rosenberg
Missouri Law Review
The latest set of final regulations on foreign tax credits generally analyzes the creditability of foreign taxes by comparing U.S. regulatory requirements to the words of foreign tax laws, not to their application in practice or their economic effect. This approach essentially chooses increased administrability and reduced whipsaw potential at some cost to accuracy. It also represents a return to the position that the IRS advocated before the United States Supreme Court’s decision in PPL. The regulations’ preamble implies that taxpayers were not always following the post-PPL approach of examining a foreign tax’s economic effect. If taxpayers were more likely …
Custom’S Pervasive Role In Law And The Boundaries Of Positivism, James P. George
Custom’S Pervasive Role In Law And The Boundaries Of Positivism, James P. George
Missouri Law Review
Custom is law’s foundation, modulator, and occasional antithesis. This Article explores that relationship, starting with varying insights from some of the few legal philosophers who have examined the custom/law dynamic. The heart of this Article provides examples showing custom’s many influences on the law, set in five functional areas: origin, application, interstitial, rule-source, and oppositional. Although the custom/law interplay spans human behavior, these examples come from law practice where custom is exposed. Many are routine, some are significant, and all show our reliance on behaviors and norms that are not positive law. The conclusion addresses but does not resolve some …
From Sheltering To Sentencing: An Examination Of Immigrant Harboring Under 8 U.S.C. § 1324, Annie K. Kreikemeier
From Sheltering To Sentencing: An Examination Of Immigrant Harboring Under 8 U.S.C. § 1324, Annie K. Kreikemeier
Missouri Law Review
Imagine you are washing dishes in the restaurant where you work when government officials walk through the front door. You hear them announce that they have a warrant to search the restaurant and ask to speak with the owners. Amidst all of the confusion and panic, you become instantly alarmed. If the owners are arrested, you will lose your job, your living space, and your means of transportation. Even more terrifying, you realize the impending raid likely indicates your imminent removal from the country. You are one of the estimated 11,047,000 unauthorized immigrants currently living in the United States. If …
True Threats To First Amendment Protections In The Age Of Voter Disinformation, Taylor Todd
True Threats To First Amendment Protections In The Age Of Voter Disinformation, Taylor Todd
Missouri Law Review
Imagine that in the weeks leading up to a presidential election, the boss of a factory that primarily employs minority workers credibly and repeatedly warns the rank-and-file, “If any of you vote in this upcoming election, we will make sure that you are fired.” If delivered and understood with serious intent, this statement would clearly violate the federal Voting Rights Act of 1965 (“VRA”), which states that “[n]o person . . . shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote . . . .” Remarkably, however, such a …
The Second Amendment Preservation Act: Revealing The Realities Of Congress’S Commerce Clause Power, Tasneem Huq
The Second Amendment Preservation Act: Revealing The Realities Of Congress’S Commerce Clause Power, Tasneem Huq
Missouri Law Review
“If men were angels, no government would be necessary.” When James Madison published this in the Federalist Papers, the United States Constitution was not even a year old. The Framers were striving to convince American citizens of the Constitution’s vitality while simultaneously grappling with the challenges of developing what the new government, as to be set forth in the Constitution, should look like. The challenge, as identified by Madison, was that the government needed the power to govern while retaining the ability to control itself. The Framers sought to address this problem by creating a system of federalism. But rather …
A Nation Of Kings: Judicial Overextension Of Official Immunity And The Abdication Of Responsibility For Our Most Vulnerable Citizens, Adam Schexnayder
A Nation Of Kings: Judicial Overextension Of Official Immunity And The Abdication Of Responsibility For Our Most Vulnerable Citizens, Adam Schexnayder
Missouri Law Review
Imagine a man who cannot speak, cannot walk, cannot feed himself, and cannot clean himself. He has no family to speak of, or if he does, the time and economic burden of his care will jeopardize their own survival. Our society has enacted laws to provide some level of support and care for this man and employs the resources of the state to pursue that goal. Tragically, the man dies in the state’s care due to unquestionable negligence. If his family had the resources to place him in a private facility, basic negligence law tells us the private facility may …
Time And Retribution, Meghan J. Ryan
Time And Retribution, Meghan J. Ryan
Missouri Law Review
Time is missing from discussions on the theory of retribution. A colossal body of scholarship has been devoted to exploring the theory of retribution, or “just deserts,” but much less has attempted to translate this theory into practice, explaining how to determine an actual offender’s desert in real life. The limited scholarship on this topic touches on who might best assess an offender’s desert. For example, should a judge, a juror, or the public itself be making these desert decisions? But there is also a temporal aspect to this decision-making that has thus far largely eluded exploration: When should the …
The Problems Of Commencement Speech, R. George Wright
The Problems Of Commencement Speech, R. George Wright
Missouri Law Review
The 2024 graduation season was marked with protests over and university oversight of commencement speeches. Commencement speech-related incidents are nothing new. History has shown that they are, in fact, American tradition. What is less settled is what type of speech commencement speech falls under, whether courts or academia should exercise control over it, and if so, to what degree. In seeking to answer this question, this Article discusses government speech, the public forum doctrine, and the purpose of commencement speeches. Through examples, both real and hypothetical, this Article demonstrates the difficulties in classifying the forum and intent of commencement speech. …
Silenced On Campus: Unveiling The Injustice Of Speaker-Based Restrictions In Public University Spaces, Emily E. Bomball
Silenced On Campus: Unveiling The Injustice Of Speaker-Based Restrictions In Public University Spaces, Emily E. Bomball
Missouri Law Review
The preservation of free speech within public universities is essential to fostering open dialogue and cultivating an environment where diverse perspectives can flourish without fear of censorship. As a result, public universities have often found themselves at the center of First Amendment disputes. While First Amendment freedom of speech cases have traditionally focused on content-based discrimination, the Supreme Court has recently addressed the problematic nature of discrimination based on the identity of the speaker as well. In the landmark case, Citizens United v. Federal Election Commission, the Court stated: “The First Amendment protects speech and speaker, and the ideas that …