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Fighting Hidden Discrimination: Disparate Impact Claims Under The Fair Housing Act, Sean Milford Jun 2014

Fighting Hidden Discrimination: Disparate Impact Claims Under The Fair Housing Act, Sean Milford

Missouri Law Review

This Note will provide a brief overview of the history of disparate impact claims under the FHA and outline why they are an important tool in fighting housing discrimination in the United States. The ruling of the Third Circuit preserves this important tool and will help to protect minority homeowners from future discriminatory redevelopment of their neighborhoods. The parties settled this case on November 13, 2013, before the Supreme Court could rule on its merits. Should the Supreme Court hold in a future case that disparate impact claims are not cognizable under the FHA the Court would strike a serious …


Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard Jun 2014

Missouri’S School Transfer Law: Not A Hancock Violation But A Mere Bandage On Wounded Districts, Kimberly Hubbard

Missouri Law Review

This Note first discusses the Breitenfeld decision and then explores the prior cases and legislation leading up to the Breitenfeld decision. In discussing Breitenfeld, this Note describes how the transfer law will affect transferred students, unaccredited districts forced to pay tuition, accredited districts forced to accept transfer students, and the public school accreditation system in Missouri. Finally, this Note proposes that because the adverse consequences outweigh the benefits of the law, action must be taken so that unaccredited school districts can have a fighting chance to become accredited again. Legislative change is necessary because a solution is not forthcoming from …


In Defense Of Disparate Impact: Urban Redevelopment And The Supreme Court’S Recent Interest In The Fair Housing Act, Valerie Schneider Jun 2014

In Defense Of Disparate Impact: Urban Redevelopment And The Supreme Court’S Recent Interest In The Fair Housing Act, Valerie Schneider

Missouri Law Review

Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections of the …


Takings Care Of Business: Using Eminent Domain For Solely Economic Development Purposes, Garreth Cooksey Jun 2014

Takings Care Of Business: Using Eminent Domain For Solely Economic Development Purposes, Garreth Cooksey

Missouri Law Review

The controversial ruling in the case of Kelo v. City of New London, Connecticut was an impetus for a nationwide discourse on eminent domain reform. Most of the public strongly condemned Kelo, which allowed the city of New London, Connecticut, to strip Susette Kelo of her home for the development of a Pfizer plant. Political fallout from Kelo ushered in a surge of state legislation that restrained the taking of private property by eminent domain. Some states completely banned condemnation for economic development and for blight. Missouri, like several other states, took a less strict route and banned eminent domain …


Arrestee Number Two, Who Are You? Suspicionless Dna Testing Of Pre-Trial Arrestees And The Fourth Amendment Implications, Lesley A. Hall Jun 2014

Arrestee Number Two, Who Are You? Suspicionless Dna Testing Of Pre-Trial Arrestees And The Fourth Amendment Implications, Lesley A. Hall

Missouri Law Review

This Note discusses the resolution of that constitutional battle, Maryland v. King, where the U.S. Supreme Court held that DNA testing of pre-trial arrestees was reasonable under the Fourth Amendment as a routine booking procedure. The Court also held that DNA testing’s use for arrestee identification permitted its use as a tool to investigate suspicionless crimes. Part II analyzes the facts and holding of Maryland v. King. Part III discusses Fourth Amendment jurisprudence, including court-established tests used to ascertain whether a particular search is reasonable. Part IV examines the United States Supreme Court’s rationale in King, including Justice Scalia’s dissent, …


Two Tests Of Severance: Procedural And Substantive Constitutional Violations And The Legislative Process In Missouri, Jonathon Whitfield Jun 2014

Two Tests Of Severance: Procedural And Substantive Constitutional Violations And The Legislative Process In Missouri, Jonathon Whitfield

Missouri Law Review

This Note argues that severance is justified in two situations. First, severance is justified where authorized by the legislature. Alternatively, severance is justified when innocent third parties rely on the passage and implementation of a law in good faith, and invalidation of the law would have collateral effects that outweigh the need to ensure consistent legislative practice. Part II of this Note analyzes the facts and holding of Missouri Roundtable. Part III explores the development of severance as a remedy for procedural constitutional violations, particularly in the context of the single-subject rule. Part IV examines the court’s rationale in Missouri …


Last Rights Denied: Right Of Sepulcher In Springing Power Of Attorney For Health Care Invalidated, Alice Haseltine Apr 2014

Last Rights Denied: Right Of Sepulcher In Springing Power Of Attorney For Health Care Invalidated, Alice Haseltine

Missouri Law Review

A recent decision from the Missouri Court of Appeals, In re Estate of Collins, holds that when a competent principal under a durable power dies suddenly without the required doctor’s certification of incapacity, the agent’s right of sepulcher does not vest, and therefore, the agent is never granted authority to dispose of the principal’s remains.4 The practical effect of this decision is to invalidate the rights of sepulcher in prevalent springing durable powers of attorney for health care. In light of this decision, all existing springing durable powers of attorney for health care in Missouri should be revisited to ensure …


Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst Apr 2014

Reg. B Is No Guaranty: Missouri Courts’ Openly Divergent Views On The Enforceability Of Coerced Spousal Guaranties In Commercial Lending, Alexander Hurst

Missouri Law Review

This Summary examines how this inconsistency of law came to be, the public policy arguments for and against protecting spouses from being required to sign guaranties, and the potential actions which could be taken to resolve the issue. First, this Summary will examine the legal background of the ECOA and Reg. B as well as the paradigm that developed under the assumption that Reg. B was valid law. The Summary will then turn to the recent diverging cases dealing with the regulation’s validity in chronological order, starting with the federal cases that called the law’s validity into question, then moving …


“We Buy Houses”: A Foreclosure Rescue As The Solution To The Trapped Homeowner Equity Problem, Cori Harvey Apr 2014

“We Buy Houses”: A Foreclosure Rescue As The Solution To The Trapped Homeowner Equity Problem, Cori Harvey

Missouri Law Review

This Article unveils the logic of these transactions and provides market context, which is often misunderstood and under-appreciated by academics, judges, and the public, who do not understand the value of the transactions to the homeowners who use them and to the communities in which the transactions are popular. Instead, the transactions are met with bias and negative assumptions. Critics often present the exceptions as if they are the rules and falsely stereotype the homeowners in these transactions as elderly, frail, and uneducated. As a result, these transactions are increasingly regulated by criminal law, with convicted investors subject to severe …


Suit Up!: Favoring Lenders Over Borrowers, Eighth Circuit Requires Lawsuit Commencement To Effect Tila Rescissions, Timothy M. Guntli Apr 2014

Suit Up!: Favoring Lenders Over Borrowers, Eighth Circuit Requires Lawsuit Commencement To Effect Tila Rescissions, Timothy M. Guntli

Missouri Law Review

Part II of this Note will discuss the facts and holding of Keiran. Part III will examine the legal background and history of TILA and explain recent precedent regarding the specific issue presented in Keiran. In Part IV, this Note will explore the analysis of the majority and dissenting opinions in Keiran. Finally, Part V concludes this Note by criticizing the court’s analysis in the instant decision and contemplating future effects of the decision on borrowers and lenders.


Table Of Contents - Issue 2 Apr 2014

Table Of Contents - Issue 2

Missouri Law Review

Table of Contents - Issue 2


Class Warfare: The Eighth Circuit Clamps Down On Consumer Class Actions Under Rule 23(B)(3), Caleb Wagner Apr 2014

Class Warfare: The Eighth Circuit Clamps Down On Consumer Class Actions Under Rule 23(B)(3), Caleb Wagner

Missouri Law Review

This Note will discuss a lawsuit, brought on behalf of North Dakota insurance policyholders, which challenged a scheme by their insurance company to reduce payments on medical claims. Though the trial court allowed the suit to proceed as a class action, the Eighth Circuit found this decision improper and ruled that the class must be decertified.4 In doing so, the Eighth Circuit did not merely apply the recent Supreme Court rulings disfavoring class actions but also extended them. This Note will argue that these precedents should instead be narrowly construed so that the goals of class litigation may be achieved.


Missouri Court Limits The Reach Of The Pollution Exclusion, Kelly Gorman Apr 2014

Missouri Court Limits The Reach Of The Pollution Exclusion, Kelly Gorman

Missouri Law Review

This Note explains the conflicting viewpoints presented in Wyatt and how the court reached its conclusion that the pollution exclusion clause does not encompass non-traditional pollutants. Part II of this Note describes the facts of Wyatt and the particular position of each party. In Part III, this Note examines the history behind pollution exclusion language and the various forces that shaped its evolution. Part IV then considers how other jurisdictions have dealt with pollution exclusion clauses and what legal theories or principles shaped their decisions. Finally, Part V argues that the Court of Appeals’ rejection of a more broad “pollution …


Challenges And Inconsistencies Facing The Posthumously Conceived Child, Andrew T. Peebles Apr 2014

Challenges And Inconsistencies Facing The Posthumously Conceived Child, Andrew T. Peebles

Missouri Law Review

This Note will discuss the problems with the Supreme Court of the United States’ decision, the inconsistencies that exist in state intestacy law, and the solutions that are necessary to remedy these challenges. Part II gives a brief background of the facts and circumstances surrounding Astrue. Part III discusses the history of the Social Security Administration and in vitro fertilization and points out the conflicting results from various jurisdictions that have death with this issue. Part IV delves into the Supreme Court's reasoning behind its decision in Astrue. Finally, Part V comments on the reasons Astrue was poorly decided, the …


Are Corporate Super Pac Contributions Waste Or Self-Dealing? A Closer Look, Joseph K. Leahy Apr 2014

Are Corporate Super Pac Contributions Waste Or Self-Dealing? A Closer Look, Joseph K. Leahy

Missouri Law Review

This Article is organized into four parts and a brief conclusion. Part II provides a brief background on the Citizens United decision. Part III describes derivative lawsuits, the business judgment rule, and what little leading scholars have said about shareholders’ ability to challenge corporate political contributions using derivative suits. Parts IV and V, respectively, summarize and critique arguments advanced by two recent authors, that shareholders could challenge political contributions as a breach of the duty of loyalty. Part IV deals with the theory of corporate waste and Part V deals with the theory of self-dealing


Amendment 2 And Its Effect On Missourians' Free Exercise Of Religion, Mishelle Martinez Jan 2014

Amendment 2 And Its Effect On Missourians' Free Exercise Of Religion, Mishelle Martinez

Missouri Law Review

This Comment provides a thorough analysis of Amendment 2. The primary issue addressed is whether Amendment 2 will have an impact on Missourians' religious freedoms or whether Amendment 2 merely reaffirms rights already granted under the old article I, section 5 of the Missouri Constitution. If Amendment 2 does add new rights, an analysis of whether such rights are in accord with the First Amendment is required. Part II outlines the legislative history, text, and general commentary on the key provisions of Amendment 2. In Part III, all new provisions under Amendment 2 are analyzed in light of the legal …


Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush Jan 2014

Federalism, Diversity, Equality, And Article Iii Judges: Geography, Identity, And Bias , Sharon E. Rush

Missouri Law Review

Each individual has a background, and that background shapes the individual's views about life, creating an inevitable form of bias referred to as "experiential bias." Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and their potential unfair experiential bias is the common justification for federal court diversity jurisdiction. But experiential bias is inescapable, affecting everyone who's ever had an experience, and is generally not unfair, as demonstrated by most studies regarding the "fairness" justification for diversity jurisdiction. More recently, Justice O'Connor connected racial …


It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce Jan 2014

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce

Missouri Law Review

Nearly twenty years ago, speaking of the difficulties inherent in managing mass tort cases, Chief Justice William Rehnquist predicted that without coordinated state and federal mechanisms, lawyers would "seek to pursue duplicative and exhaustive litigation." And some courts, "operating under a parochial view of the situation," would allow them to do so. He warned that the result would be "expense, delay, resulting crowding of dockets, divergent decisions on identical factual questions, and sometimes the insolvency of the defendants who are being sued." Despite this and similar warnings, expensive and exhaustive litigation is exactly what has happened in many cases.


Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland Jan 2014

Doctrine Of Substantial Overbreadth: A Better Prescription For Strong Medicine In Missouri, The , Keith H. Holland

Missouri Law Review

Considering prior cases where Missouri courts have applied the doctrine of substantial overbreadth, however, State v. Vaughn may represent a significant step towards a more well-defined and consistent approach to the doctrine. Even though Vaughn does not clearly resolve all of the inconsistencies in Missouri's application of the overbreadth doctrine, it represents a necessary and important development in the way the doctrine is applied by Missouri courts.


Table Of Contents - Issue 1 Jan 2014

Table Of Contents - Issue 1

Missouri Law Review

Table of Contents - Issue 4


Rethinking The Testamentary Capacity Of Minors , Mark Glover Jan 2014

Rethinking The Testamentary Capacity Of Minors , Mark Glover

Missouri Law Review

This Article proceeds in five main parts. Part II provides the context for examining different rationales for the testamentary incapacity of minors. In particular, it explains the doctrine's place in the law of wills and describes the minor incapacity rules in the related areas of contracts and lifetime gifts. Parts III through V analyze three rationales for the testamentary incapacity of minors. Part III reexamines the traditional explanation, which views the age requirement as furthering a protective policy. Part IV suggests an alternative rationale, namely that age serves as a proxy for competence, and Part V analyzes a second alternative, …


From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach Jan 2014

From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach

Missouri Law Review

To most Americans, the First Amendment's Free Speech Clause is among the most sacred provisions of the Constitution. At first reading, it seems a broad guarantee of the right of citizens to speak their mind without limitation. But the jurisprudence on the clause shows that the law governing free speech is far from uncomplicated. The analysis is made more complex in the context of student speech due to a different set of standards governing the rights of students while they are under the care of their schools. S.J.W ex rel. Wilson v. Lee's Summit R-7 School District, a recent Eighth …


Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy Jan 2014

Fisher V. University Of Texas At Austin: Grutter (Not) Revisited , Lawrence R. Purdy

Missouri Law Review

What follows is a description of UT's race-conscious undergraduate admissions policy, which was at issue in Fisher (and which the parties and the courts concede is all but identical to the policy upheld in Grutter). This is followed by a brief description of the procedural posture of the case and an analysis of the Supreme Court's decision. Finally, this Article argues that Grutter (and, by default, Fisher) represents a dramatic deviation from - and, in effect, a reversal of - the bedrock principle established in Brown. Left unanswered, of course, is whether our nation's highest court will ever reassert that …


Juvenile Lifers And Judicial Overrreach: A Curmedgeonly Meditation On Miller V. Alabama, Frank O. Bowman Iii Nov 2013

Juvenile Lifers And Judicial Overrreach: A Curmedgeonly Meditation On Miller V. Alabama, Frank O. Bowman Iii

Missouri Law Review

This Article focuses very little on the implications of Miller and Graham for the population they most directly affect – juvenile offenders previously eligible for sentences of life without parole – and more on the implications of the Court’s reasoning in Miller and Graham for sentencing generally. However gratifying the results of Miller and Graham may be as sentencing policy, they are troubling as a constitutional matter both because they are badly theorized and because they are two strands of a web of decisions in which the Court has consistently used doubtful constitutional interpretations to transfer power over criminal justice …


Mill(Er)Ing Mandatory Minimums: What Federal Lawmakers Should Take From Miller V. Alabama, Mary Price Nov 2013

Mill(Er)Ing Mandatory Minimums: What Federal Lawmakers Should Take From Miller V. Alabama, Mary Price

Missouri Law Review

In this Article, I make the case that, while the robust proportionality principles informing Miller and similar cases are unlikely to translate into the end of mandatory minimum sentencing by way of the Eighth Amendment (at least anytime soon), embracing sentencing proportionality is the key for lawmakers who are – or should be – addressing the unsustainable growth in the federal prison population as a distinct threat to public safety. Politicians who support mandatory minimums have been immune over the years to the many reasoned arguments about how unjust those sentences are and what costs they pose to families and …


Eighth Amendment Differentness, William W. Berry Iii Nov 2013

Eighth Amendment Differentness, William W. Berry Iii

Missouri Law Review

Part II of the Article provides the context for the Miller case, outlining the theoretical underpinnings of the Court’s Eighth Amendment jurisprudence. Part III describes the Court’s “different” jurisprudence, linking the concept of “juveniles are different” to the Court’s longstanding view that “death is different.” In Part IV, the Article demonstrates how the two possible interpretations of the Court’s statement in Miller that “juveniles are different” – as a character-based form of differentness and, in the case of juvenile LWOP, as a punishment-based form of differentness – create distinct theoretical bases for broadening the scope of the Eighth Amendment. Finally, …


Not Just Kid Stuff - Extending Graham And Miller To Adults, Michael M. O'Hear Nov 2013

Not Just Kid Stuff - Extending Graham And Miller To Adults, Michael M. O'Hear

Missouri Law Review

Part II more fully unpacks the central jurisprudential values that animate Graham and Miller. By reference to these values, Part III explains how Graham and Miller may be reconciled with Harmelin and Ewing. Finally, Part IV discusses the application of Graham and Miller to one particular category of adult offenders – those sentenced under the three-strikes provision of 21 U.S.C. § 841(b)(1)(A) – and concludes that at least some of these offenders may have viable Eighth Amendment claims


Cure For Collusive Settlements: The Case For A Per Se Prohibition On Pay-For-Delay Agreements In Pharmaceutical Patent Litigation, A , Michael Owens Nov 2013

Cure For Collusive Settlements: The Case For A Per Se Prohibition On Pay-For-Delay Agreements In Pharmaceutical Patent Litigation, A , Michael Owens

Missouri Law Review

This Comment will examine how the particulars of the Hatch-Waxman Act, the regulatory scheme that governs generic competition in pharmaceutical industry, gives rise to reverse settlements in infringement litigation; review existing analysis of the pay for delay problem in judicial decisions, in academic commentary, and amongst antitrust enforcement bodies; and finally, draw upon a decision theoretic framework to propose per se illegality as the appropriate antitrust rule for pay-for-delay settlements.


Precedent As A Policy Map: What Miller V. Alabama Tells Us About Emerging Adults And The Direction Of Contemporary Youth Services, Clark M. Peters Nov 2013

Precedent As A Policy Map: What Miller V. Alabama Tells Us About Emerging Adults And The Direction Of Contemporary Youth Services, Clark M. Peters

Missouri Law Review

To illuminate the role that Miller plays with regard to the wider realm of youth policy, I will employ the analytic approach of Professor John Kingdon, whose influential book Agendas, Alternatives, and Public Policies (Agendas) provides a framework for understanding how ideas move from mere proposals to effectuated policy. His approach emerges from the pluralist tradition, which emphasizes government processes and the role of political influence in affecting policy choices. In posing Kingdon’s central question – “How does an idea’s time come?” – to the Miller decision, this Article employs Kingdon’s theoretical framework in two ways. First, Kingdon’s framework is …


Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan Nov 2013

Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan

Missouri Law Review

Part II will describe the juvenile officer’s unique role in Missouri law, and explain how this role makes Missouri an outlier within the United States. Part III will argue that the juvenile officer’s prosecutorial discretion violates the separation of powers required by the Missouri Constitution and informed by the U.S. Constitution. Part IV will describe the real world harms that flow from this violation, with a particular focus on the harms in child abuse and neglect cases. Part V will outline potential policy solutions to this problem.