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Articles 601 - 630 of 3741
Full-Text Articles in Law
A Light At The End Of The Tunnell?: The Parameters Of Uninsured Motorist Coverage Coverage In Wrongful Death Cases, Edward Wittrig
A Light At The End Of The Tunnell?: The Parameters Of Uninsured Motorist Coverage Coverage In Wrongful Death Cases, Edward Wittrig
Missouri Law Review
As a result, the implementation, application, and interpretation of this important piece of legislation has been left largely to the providence of the Missouri judicial system. When faced with litigation surrounding the UM statute, Missouri courts have often broadly interpreted the statute, extending its coverage to a large class of insureds as well as increasing the maximum amount of recovery possible. Additionally, insurers have often struggled to obtain favorable decisions in Missouri courts, especially in cases appealed to the Supreme Court of Missouri, and have failed to establish a concrete boundary that limits the scope and extent of UM coverage. …
Why Only Gideon?: Martinez V. Ryan And The “Equitable” Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
Why Only Gideon?: Martinez V. Ryan And The “Equitable” Right To Counsel In Habeas Corpus, Emily Garcia Uhrig
Missouri Law Review
In 2012, the U.S. Supreme Court, in Martinez v. Ryan, recognized for the first time a limited right to assistance of counsel in post conviction proceedings. Unexpectedly, the Court traced this right to equitable, rather than constitutional, authority. Moreover, the right extends only to initial-review post conviction proceedings, i.e., proceedings that offer the first meaningful opportunity for an inmate to raise the claim at issue. Likewise, the right extends only to substantial claims of ineffective assistance of trial counsel. The Court’s depiction of this limited right to post conviction counsel as “equitable” avoided the pitfalls that would have been posed …
Bowman V. Monsanto Co.: A Bellwether For The Emerging Issue Of Patentable Self-Replicating Technologies And Inadvertent Infringement, Christopher M. Holman
Bowman V. Monsanto Co.: A Bellwether For The Emerging Issue Of Patentable Self-Replicating Technologies And Inadvertent Infringement, Christopher M. Holman
Missouri Law Review
The inherent tendency of patented seeds to self-replicate has led to fears that farmers might face liability for inadvertent patent infringement. To address the perceived problem, some have proposed severely limiting the availability of effective patent protection for self-replicating technologies. Typical examples include denying patent rights to “second generation” selfreplicating products, and even broadly declaring such technologies ineligible for patent protection. The fact is, lawsuits against inadvertently infringing farmers remain of largely hypothetical concern. However, changes in the market could soon render such lawsuits a reality. In addressing the resulting policy concerns, Congress and the courts have at their disposal …
Omnes Vulnerant, Postuma Necat; All The Hours Wound, The Last One Kills: The Lengthy Stay On Death Row In America, Mary Elizabeth Tongue
Omnes Vulnerant, Postuma Necat; All The Hours Wound, The Last One Kills: The Lengthy Stay On Death Row In America, Mary Elizabeth Tongue
Missouri Law Review
Why inmates spend so long on death row and the accompanying mental ramifications are discussed in Part II. Part III discusses the response of American courts to the lengthy stays of inmates on death row. Next, Part IV discusses the international opinion on America’s lengthy stay on death row, international tribunal holdings on the matter, the philosophical implications of a lengthy stay on death row, and possible solutions. Finally, Part V concludes this Note, finding that abolition of the death penalty is the best solution.
Judicial Dismissal In The Interest Of Justice, Valena E. Beety
Judicial Dismissal In The Interest Of Justice, Valena E. Beety
Missouri Law Review
Of the 1.6 million Americans in prison, most inmates are serving sentences for non-violent offenses. Who is responsible? Hyper-incarceration is not simply due to outdated drug laws or stringent sentencing. Courts in the last thirty years have taken a lackadaisical back seat. Prosecutors are failing in their gate-keeping function nationally. Most simple arrests are prosecuted without even evaluating the substance of the case. Police stops can snowball into convictions through our plea system. In short, the criminal justice system provides no systemic accountability for its own results. This Article focuses on this lack of accountability and proposes a conceptual shift, …
To Instruct, Or Not To Instruct, That Is The Question, Jared Guemmer
To Instruct, Or Not To Instruct, That Is The Question, Jared Guemmer
Missouri Law Review
In State v. Jackson, the Supreme Court of Missouri considered whether a trial court must instruct the jury regarding a lesser included offense. Specifically, it confronted this question in the context of a “nested” lesser included offense: an offense whose elements are entirely subsumed by the greater offense, and the greater offense has some “differential element” that the State bears the burden to prove. The court ultimately concluded that a jury instruction on such a lesser included offense, when requested by the defendant, must always be granted. A judge’s refusal to grant the requested instruction jeopardizes the defendant’s right to …
Probable Intent Vs. Certainty: The Missouri Probate Court And The Uniform Probate Code, Stephanie Pierce
Probable Intent Vs. Certainty: The Missouri Probate Court And The Uniform Probate Code, Stephanie Pierce
Missouri Law Review
This Note seeks to address how increasingly complex family situations should impact intestacy statutes. In In re Brockmire, the Supreme Court of Missouri specifically addressed what occurs when a decedent predeceases his biological granddaughter and his biological daughter, who had been adopted as an adult by her stepfather. Unfortunately, the court, bound by statute, was unable to even contemplate a remedy consistent with the probable intent of the decedent.
Are They Or Aren’T They “Retirement Funds”? The Case For Including Funds From An Inherited Ira In A Debtor’S Bankruptcy Estate, Jennifer Salisbury
Are They Or Aren’T They “Retirement Funds”? The Case For Including Funds From An Inherited Ira In A Debtor’S Bankruptcy Estate, Jennifer Salisbury
Missouri Law Review
This Note first discusses the subsequent history of Clark. Next, it discusses the legal history of both non-inherited and inherited IRAs leading up to the Clark decision. Then, it details the Court’s decision in Clark. Finally, it concludes with a comparison of state and federal exemption schemes, using Missouri as an example, calling for reform of Bankruptcy Code Section 522(b)(3).
After Hobby Lobby: The “Religious For-Profit” And The Limits Of The Autonomy Doctrine, Angela C. Carmella
After Hobby Lobby: The “Religious For-Profit” And The Limits Of The Autonomy Doctrine, Angela C. Carmella
Missouri Law Review
Churches are protected under the autonomy doctrine, which is rooted in the Religion Clauses, to ensure that they are free to define their institutional identity and mission. In more limited circumstances, many religious nonprofits also enjoy autonomy protections. Now that the Supreme Court has decided in Burwell v. Hobby Lobby Stores, Inc. that for-profit corporations are capable of religious exercise and entitled to statutory free exercise protection, this Article poses a question that is on the horizon: would it ever be plausible to extend the autonomy doctrine to a for-profit institution? This Article identifies several types of for-profits (named “religious …
The (Hot) Dog Days Of Summer: Missouri’S “Baseball Rule” Takes A Strike, Ross H. Freeman
The (Hot) Dog Days Of Summer: Missouri’S “Baseball Rule” Takes A Strike, Ross H. Freeman
Missouri Law Review
Part II of this Note provides the facts and holding of Coomer. Part III discusses the legal background of Coomer, including the adoption of comparative negligence in Missouri, Missouri’s baseball rule, and other persuasive baseball rule authority the court used in Coomer. Part IV analyzes the court’s application of the law to the specific facts in Coomer. Finally, Part V discusses the court’s decision and explains why the court should have adopted a broader definition of what constitutes an “inherent risk” of attending an MLB game in person.
Notice And Remedies In Copyright Licensing, B. J. Ard
Notice And Remedies In Copyright Licensing, B. J. Ard
Missouri Law Review
Copyright owners claim the power to designate practically any term of a copyright license as a “condition” enforceable in copyright. In doing so, these licensors purport to translate breach of the most trivial or idiosyncratic term into the basis for a copyright infringement suit. This Article argues that these licenses are most problematic when licensors provide inadequate notice of unexpected terms. License conditions are typically buried in boilerplate that no reasonable consumer reads, and licensors have few incentives to make them more salient. These circumstances not only threaten unwitting users with copyright liability, but also impede copyright’s own goals by …
The Cost Of Cutting Agricultural Output: Interpreting The Capper-Volstead Act, Alison Peck
The Cost Of Cutting Agricultural Output: Interpreting The Capper-Volstead Act, Alison Peck
Missouri Law Review
In Part I, this Article reviews the allegations of production-limiting agreements by cooperatives in the eggs, potatoes, mushrooms, and milk markets. Since the purpose of this Article is to offer a close reading of the Capper-Volstead Act, the Act is laid out in Part II. In Part III, an interpretation based on a textualist reading, supplemented by canons of statutory construction, point to the conclusion that Capper-Volstead does not extend to preproduction agreements to limit supply. Part IV canvasses the (slender) committee reports and (extensive) floor debates, which set forth scant discussion and conflicting statements on the question of production …
When Arbitration Agreement Provisions Time Travel: Illusory Promises And Continued At-Will Employment In Baker, Richard C. Byrd
When Arbitration Agreement Provisions Time Travel: Illusory Promises And Continued At-Will Employment In Baker, Richard C. Byrd
Missouri Law Review
First, this Note discusses the particular facts of the Baker case, including its procedural history and holding. Then, the history of salient cases and law is covered in three main areas related to Baker, specifically the concept of arbitrability, at-will employment’s status as effective consideration, and when courts find promises to be illusory. Following that, this Note summarizes the court’s decision in Baker and its lengthy and thorough dissent. Finally, this note discusses the significance of this case in relation to both the history of the topics involved and their application going forward.
Missouri Abolishes The Corroboration Rule And The Destructive Contradictions Doctrine: A Victory For Victims Of Sexual Assault?, Kristen L. Stallion
Missouri Abolishes The Corroboration Rule And The Destructive Contradictions Doctrine: A Victory For Victims Of Sexual Assault?, Kristen L. Stallion
Missouri Law Review
Part II of this Note explores the issue in the case at hand, State v. Porter, which has finally abolished both the corroboration rule and destructive contradictions doctrine in Missouri sexual assault cases. Next, Part III presents the archaic rationale behind the two doctrines and explores its development. Finally, in Part IV, the Supreme Court of Missouri’s decision to abolish these doctrines is dissected and the evolution of these evidentiary common law rules is analyzed in light of courts’ efforts to remove the high wall of doubt female victims must attempt to overcome. This analysis reveals that much still needs …
Setting A Better Standard: Evaluating Jail Officials’ Constitutional Duties In Preventing The Sexual Assault Of Pretrial Detainees, Blair A. Bopp
Setting A Better Standard: Evaluating Jail Officials’ Constitutional Duties In Preventing The Sexual Assault Of Pretrial Detainees, Blair A. Bopp
Missouri Law Review
This Note examines Walton v. Dawson, a recent Eighth Circuit decision that considers whether jail officials should be held accountable when an inmate-on-inmate sexual assault occurs and the assault was directly facilitated by the failure of the officials’ subordinates to follow the jailhouse policy of locking cell doors overnight. Parts II and III introduce the facts and holding of Walton and the legal context within which an analysis of the instant case may be framed. Part IV synthesizes the court’s rationale in the Walton decision with the established legal context. Finally, Part V discusses Walton’s foreseeable impact on future deliberate …
Exploring The Abstact: Patent Eligibility Post Alice Corp V. Cls Bank, John Clizer
Exploring The Abstact: Patent Eligibility Post Alice Corp V. Cls Bank, John Clizer
Missouri Law Review
This Note first sets forth the facts and the ultimate holding of the Supreme Court’s decision in Alice. It then details the historical background surrounding the ineligibility of abstract ideas for patent protection that has arisen from the Supreme Court and lower federal courts’ past decisions. Next, it examines in more in detail the Court’s reasoning as applied in this particular case. Finally, this Note discusses several of the questions raised by the Court’s decision: what exactly constitutes an “abstract idea,” what is the full meaning of the Court's "inventive concept" requirement, and how are we to interpret this decision …
Causation Confusion: Missouri’S Adoption Of A Contributing Factor Standard For Workers’ Compensation Retaliation Claims, Suzanne L. Specker
Causation Confusion: Missouri’S Adoption Of A Contributing Factor Standard For Workers’ Compensation Retaliation Claims, Suzanne L. Specker
Missouri Law Review
As this Note argues, the exclusive cause standard frustrated the statute’s purpose and effectively sanctioned employer discrimination and retaliation against employees who filed workers’ compensation claims. In Templemire v. W&M Welding, Inc., the Supreme Court of Missouri corrected this mistake by adopting the “contributing factor” causation standard in lieu of the exclusive cause standard.10 In Part II, this Note analyzes the facts and holding of Templemire v. W&M Welding, Inc. Next, in Part III, this Note explores the legal background of Missouri’s workers’ compensation laws, the historical context and policy considerations behind the development of Section 287.780, and the judicial …
Extramarital Relationships And The Theoretical Rationales For The Joint Property Rules – A New Model, Yitshak Cohen
Extramarital Relationships And The Theoretical Rationales For The Joint Property Rules – A New Model, Yitshak Cohen
Missouri Law Review
This Article considers the weight of extramarital relationships in determining the distribution of family property. Under the U.S. legal system, opinions differ as to whether this fault should be a factor in distribution of family property. The controversy is influenced by and arises from an earlier disagreement that followed the “no-fault” revolution of the 1970s, which focused on the role of fault in divorce proceedings. The discussion of fault with regard to property distribution took place without in-depth consideration of the underlying basis and rationales for the principles of joint property and, even more importantly, without relating to their modern, …
Homelessness At The Cathedral, Marc L. Roark
Homelessness At The Cathedral, Marc L. Roark
Missouri Law Review
This Article argues that legal restraints against homeless persons are resolved by applying certain nuisance-like approaches. By drawing on nuisance restraints that adopt property-based and social-identity information, courts and decision-makers choose approaches that create conflict between homeless identities and adopted social identities. These approaches tend to relegate the social choice of whether to tolerate homeless persons to one of established social order (property) or broadly conceived notions of liberty (constitutional rights or due process rights). This Article argues for a broader conception of social identity, which may force parties to internalize certain costs of action, tolerate certain uses, or abate …
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli
Missouri Law Review
This Note begins by discussing the facts and holding of Wade. Next, this Note examines generally the legal background and history of bans on ex post facto laws and on laws retrospective in their operation in Missouri. Then, this Note explains recent precedent regarding such bans, particularly in the context of sex offender registration statutes. After the discussion of precedent, this Note explores the analyses of the majority, concurring, and dissenting opinions in Wade. Finally, this Note concludes with a critique of these analyses in the instant decision and contemplates the future effects of the court’s decision.
Swing And A Miss: The Missouri Court Of Appeals Attempts To Interpret Delaware Corporation Law. Hci Investors, Llc V. Fox, David Ferguson
Swing And A Miss: The Missouri Court Of Appeals Attempts To Interpret Delaware Corporation Law. Hci Investors, Llc V. Fox, David Ferguson
Missouri Law Review
This Note examines the court’s analysis in implicitly adopting this new interpretation of the duties of corporate fiduciaries under the entire fairness standard and argues that by essentially ignoring the dichotomy between the standards and misapplying the relevant case law, HCI Investors was improperly decided. Part II examines the background of the underlying transaction at issue in the case, the parties’ arguments, the lower court’s disposition, the appellants’ arguments on appeal, and the appellate court’s disposition. Part III gives some legal background for the issues at play, including the adoption of Delaware’s corporation law by the Kansas courts generally and …