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Articles 751 - 780 of 3741
Full-Text Articles in Law
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage
Missouri Law Review
Cyberbullying has gained increasing attention over the past decade, in part driven by significant media coverage on this topic.' While media attention has increased, prevalence rates derived from national and local surveys indicate that cyberbullying is a less common experience among youth than traditional bullying. Nonetheless, a significant number of youth experience both cyberbullying and its deleterious effects, and additional research is needed to guide nascent prevention and intervention efforts. In particular, existing research does not clarify the extent to which cyberbullying overlaps with traditional bullying or other forms of victimization that children might encounter in their schools, homes, and …
Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel
Community Standards V. Teacher Rights: What Is Immoral Conduct Under Missouri's Teacher Tenure Act, Conor Neusel
Missouri Law Review
In a recent Missouri case, Homa v. Carthage R-IX School District, the Court of Appeals for the Southern District upheld the Carthage School District's decision to terminate one of its program directors for engaging in "immoral conduct."6 The Carthage school board terminated Lynda Homa, a teacher, and the director of its Parents-as-Teachers program, after it found that Homa authorized a parent-educator to visit an incarcerated program participant to convince the participant to put her child up for adoption.7 Interestingly, the court did not base its determination solely on the inappropriate adoption discussion. In its opinion, the court put Freater emphasis …
Cost As A Sentencing Factor: A Response, Jeff Milyo
Cost As A Sentencing Factor: A Response, Jeff Milyo
Missouri Law Review
Professor Chad Flanders offers a normative theoretical critique of including costs of punishment in Sentence Advisory Reports (SARs) that the Missouri Sentencing Advisory Commission (MOSAC) produces. This approach provides a useful lens for understanding divergent opinions on the practice of including cost information in SARs and provides a consistent logical framework for understanding whether this practice squares with more fundamental principles of criminal punishment. In this Response, I complement the normative analysis in the main Article with several observations from a different analytical perspective. As an empirical social scientist, my analytical approach is based on positive analysis. I am less …
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Protecting The Living And The Dead: How Missouri Can Enact A Constitutional Funeral-Protest Statute, Madison Marcolla
Missouri Law Review
This Note will analyze the constitutionality of Missouri's funeral-protest statutes under the First Amendment. This Note argues that, with certain changes, Missouri's funeral-protest statutes should pass constitutional muster. In Part II, this Note analyzes the facts and holding of Phelps-Roper v. Koster. Next, in Part III, this Note explores the legal background of the First Amendment, time, place, and manner restrictions, and how other courts have decided cases involving funeral-protest laws. Part IV examines the court's rationale in Phelps-Roper v. Koster. Lastly, Part V explains where the district court erred and how Missouri's funeral-protest statutes can be changed to become …
State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg
State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg
Missouri Law Review
This Summary examines the framework set up by the Supreme Court for analyzing the constitutionality of drug testing on welfare recipients. It discusses the states' implementation of such programs, and specifically analyzes laws recently passed by Florida and Missouri that authorize drug-testing requirements on welfare recipients. The likely outcome of challenges to these laws appears to be dependent, at least in part, on whether the law provides for suspicionless drug testing or calls for drug testing based on some reasonable suspicion of drug use.
Pulling The Taxpayer's Sword From The Stone: The Appropriation Requirement Of Missouri's Hancock Amendment, Jonathan G. Bremer
Pulling The Taxpayer's Sword From The Stone: The Appropriation Requirement Of Missouri's Hancock Amendment, Jonathan G. Bremer
Missouri Law Review
On November 4, 1980, Missouri voters approved the Hancock Amendment (Hancock) to Missouri's Constitution. Hancock addressed voter concerns as to whether state and local governments could keep their taxing and spending in check. The amendment contains two principle aspects. First, Hancock limits state and local governments in their ability to increase taxation, revenue, and spending without voter approval. Second, Hancock prohibits the state from imposing "unfunded mandates" upon its political subdivisions - closing a loophole that would otherwise allow the state to circumvent its duty not to raise taxes or spending above a certain level without a vote of the …
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Chinese Assault Rifles, Giant Pandas, And Perpetual Litigation: The Rights Without Remedies Dead-End Of The Fsia, J. F. Hulston
Missouri Law Review
This Note will examine whether execution immunity under the FSIA may be considered sua sponte by a district court judge and the broad judicial considerations in preserving the narrow and restrictive view of the FSIA to the attachment of assets of a foreign state. To do this, this Note will review the facts and holding of Walters. This Note will then survey the legal background of sovereign immunity, the adoption of the "restrictive immunity" principle in the U.S., and the creation of the FSIA and the decisions of three appellate courts to adopt the uniform holding that district courts have …
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss
Missouri Law Review
This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. Part II begins by analyzing federal law applicable to students bringing service and assistance animals to campus. Part III explores the use of animal-assisted activities on campus. Part IV continues with an examination of policies allowing students to have companion animals in campus housing. Part V considers concerns administrators raise about allowing animals on campus. Finally, Part VI sets forth the steps an educational institution should implement to ensure compliance with the law and proposes actions that can be taken …
Cost As A Sentencing Factor: Missouri's Experiment, Chad Flanders
Cost As A Sentencing Factor: Missouri's Experiment, Chad Flanders
Missouri Law Review
This argument is avowedly theoretical and normative. That is, this Article tries to determine what judges ought to do, not what they in fact do. Judges and attorneys may argue cost at sentencing hearings, and many of them do. That does not mean that they should be debating cost or basing sentencing decisions on it. I also am not concerned about whether, pragmatically, letting judges figure cost into their decisions might be a good thing overall, because it might lead to lower sentences. I put these concerns to one side, important as they may be as a practical matter. Instead, …
Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii.
Getting Away With Murder (Most Of The Time): Civil War Era Homicide Cases In Boone County, Missouri, Frank O. Bowman Iii.
Missouri Law Review
On March 4, 1851, at the State University in Columbia, Missouri, there occurred one of those incidents that from time to time break up the stately progress of the academic year. It seems that young George Clarkson got in a brawl with a fellow student. Upon hearing of this unseemly affair, the faculty convened and docked each of the combatants fifty marks. Professor Robert Grant, coming late to the meeting, encountered Clarkson on the steps and asked how the matter had been resolved. Clarkson replied, "I am very well satisfied but I will give him a whipping yet."' Divining from …
Echoes From The Past: How The Federal Circuit Continues To Struggle With Patentable Subject Matter Post-Bilski, Jeff Thruston
Echoes From The Past: How The Federal Circuit Continues To Struggle With Patentable Subject Matter Post-Bilski, Jeff Thruston
Missouri Law Review
This Note will examine whether the cases comprising the eligible subject matter trio are inherently inconsistent. In looking at this issue, this Note will ask if Classen Immunotherapies can be reconciled with the patent eligibility trio, or if both the case and Judge Rader's concerns could have been dealt with more effectively by applying 35 U.S.C. § 101 as a last resort, and instead determining patent eligibility via 35 U.S.C. §§ 102, 103, and 112. It is fundamentally more difficult, expensive, and time consuming to ascertain which category of patentable subject matter a claimed invention falls into, or if the …
Jim Devine's Show Me Spirit, R. Lawrence Dessem
Jim Devine's Show Me Spirit, R. Lawrence Dessem
Missouri Law Review
I am pleased to have been asked by the editors of the Missouri Law Review to write this short introduction to Associate Dean Jim Devine's final Article: "Curt Flood and a Triumph of the Show Me Spirit."' It provides a wonderful window on some of the things that mattered most to Jim: law, history, sports, and personal character and integrity. Jim's Article is his final gift to us all. Professor Doug Abrams knew that Jim had written the Article and Robin Nichols was able to locate an electronic draft of it. Thanks to the editors of the Missouri Law Review …
Grand Theft Auto Loans: Repossession And Demographic Realities In Title Lending, Nathalie Martin, Ozymandias Adams
Grand Theft Auto Loans: Repossession And Demographic Realities In Title Lending, Nathalie Martin, Ozymandias Adams
Missouri Law Review
This Article analyzes empirical data on one of America's fastest growing credit products, the title loan. A title loan is a high-interest, deeply over secured, consumer loan, in which the consumer uses an unencumbered automobile as collateral for a non-purchase money loan. Title loans are made based solely on equity in a car. If a customer has insufficient income to pay the payments under the loan, typically interest-only payments at 300% per annum or more, the lender repossesses the vehicle, many of which have GPS trackers installed for this purpose. Not surprisingly, the repossession rates for title loans are higher …
Defending The Historic Preservation Tax Credit, Lauren K. Shores
Defending The Historic Preservation Tax Credit, Lauren K. Shores
Missouri Law Review
Part II of this Comment discusses Missouri's historic preservation tax credit, and supplementing the discussion is some background on the federal rehabilitation tax credit. Part III explains how an historic preservation tax credit statute can be structured and outlines the advantages and disadvantages of these structural aspects. In addition, it discusses how historic preservation tax credits can be used as a redevelopment tool and the economic impact that these credits have had in Missouri. Part III of this Comment will review the recommendations made by the Tax Credit Commission appointed by Missouri Governor Jay Nixon. Finally, in Part IV, this …
Curt Flood And The Show Me Spirit, Joshua C. Devine
Curt Flood And The Show Me Spirit, Joshua C. Devine
Missouri Law Review
My dad loved the law and baseball. He also loved to combine the two. His first love was baseball. He grew up in New Jersey and quickly became a Brooklyn Dodgers fan after attending numerous games with his father, Dick. He was heartbroken when his beloved "Bums" left Brooklyn for Los Angeles when he was 10 years old. I don't think he ever got over the loss.' However, he did find some comfort in his loss with the formation of the New York Mets, which promptly became his new favorite baseball team. He shared his passion for the Mets with …
Judging Parents, Judging Place: Poverty, Rurality, And Termination Of Parental Rights, Janet L. Wallace, Lisa R. Pruitt
Judging Parents, Judging Place: Poverty, Rurality, And Termination Of Parental Rights, Janet L. Wallace, Lisa R. Pruitt
Missouri Law Review
Parents are judged constantly, by fellow parents and by wider society. But the consequences of judging parents may extend beyond community reputation and social status. One of the harshest potential consequences is the state's termination of parental rights. In such legal contexts, the state assesses parents' merits as parents in relation to a wide array of their characteristics, decisions and actions, including where the parents live. Among those parents judged harshly in relation to geography are impoverished parents who live in rural places. We argue that such judgments are unjust because poor rural parents often do not have ready access …
Missouri's Foggy Fog Line Law, Charity Whitney
Missouri's Foggy Fog Line Law, Charity Whitney
Missouri Law Review
When told that crossing the fog line is not sufficient grounds for a traffic stop in Missouri, most people will answer, "What is the fog line?" Though the term may be unfamiliar to many, anyone who drives would recognize the object to which it refers - the white or yellow line on the side of the road that indicates the end of the lane and the beginning of the shoulder. Fog lines have been the subject of much civil and criminal litigation in Missouri, at both the state and federal levels. Crossing a fog line is a traffic violation for …
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Missouri Law Review
This Article argues that the stray comments "doctrine" does more harm than good and that those courts wishing to grant a defendant summary judgment on a claim should have to do so by looking at the totality of the circumstances, rather than summarily using a single facet of a comment to dismiss it from consideration. It points out that the doctrine and its premises fail to comport with even a basic understanding of social science and how people foment, act upon, and reveal discriminatory bias. Interestingly, another judge-made doctrine built into employment discrimination law - the same actor inference - …
Monetary Damages Under The Lanham Act: Eighth Circuit Holds Actual Confusion Is Not A Prerequisite, Roger W. Dyer Jr.
Monetary Damages Under The Lanham Act: Eighth Circuit Holds Actual Confusion Is Not A Prerequisite, Roger W. Dyer Jr.
Missouri Law Review
This Note will examine the Lanham Act and the ways in which courts have interpreted it, particularly its provisions dealing with trademark infringement. This Note will then explain the concept of "actual confusion" and what has prompted courts to read the requirement into the Lanham Act with respect to establishing monetary awards. This Note also will provide an overview of the current split between circuits requiring proof of actual confusion and those allowing proof of "likelihood of confusion" to support an award of damages. Particular emphasis is placed on Eighth Circuit precedent. Finally, this Note will argue that the Eighth …
Not So Special After All: How Mayo Granted The Treasury Unfettered Rule-Making Discretion, Daniel W. Graves
Not So Special After All: How Mayo Granted The Treasury Unfettered Rule-Making Discretion, Daniel W. Graves
Missouri Law Review
On January 11, 2011, the Supreme Court decided Mayo Foundation for Medical Education and Research v. United States, in which it definitively settled on the more deferential Chevron standard for analyzing Treasury Department regulations, finding no justification in treating them differently from regulations of other agencies. In doing so, the Court has given the Treasury Department virtually free rein in crafting new regulations and amending those regulations already in existence. Because taxpayer lawsuits were one of the few ways in which Treasury regulations could be overturned, by instructing the lower to give such regulations the heightened degree of deference that …
Curt Flood And A Triumph Of The Show Me Spirit, James R. Devine
Curt Flood And A Triumph Of The Show Me Spirit, James R. Devine
Missouri Law Review
Curt Flood was not a Show Me State native. Born in Houston, Texas, in January 1938, the last of six children, Flood moved as a child with his family to Oakland, California. From early on, Flood "was precociously coordinated." He was able to run, catch, and throw a ball better than much older children. He began playing organized baseball at the age of nine in a police league and knew by the time he was a teen that he might make a living at baseball. Although he was shorter and lighter than most professional ball players, at the age of …
Trapped: Missouri Legislature Seeks To Close Workers' Compensation Loophole With Some Co-Employees Still Inside, Alexander Cornwell
Trapped: Missouri Legislature Seeks To Close Workers' Compensation Loophole With Some Co-Employees Still Inside, Alexander Cornwell
Missouri Law Review
This Note is a primer for Missouri practitioners to better understand the practical effect Robinson has had on co-employee liability in Missouri. Part II provides the unassuming factual background giving rise to Robinson's substantial departure from previous case law. To understand the context in which the court decided Robinson, Part III outlines Missouri's historical approach to co-employee liability and the recent statutory amendments mandating strict construction of the workers' compensation act that prompted the court's holding. In response, Part IV considers whether that extensive departure was warranted. After illustrating that the holding is not congruent with legislative intent and historical …
Developing The Duffy Defect: Identifying Which Government Workers Are Constitutionally Required To Be Appointed, Stacy M. Lindstedt
Developing The Duffy Defect: Identifying Which Government Workers Are Constitutionally Required To Be Appointed, Stacy M. Lindstedt
Missouri Law Review
In 2007, Professor John Duffy wrote a brief article questioning whether administrative patent judges are constitutional officers and therefore subject to the Appointments Clause. A litigant latched onto the argument and challenged the validity of eight years of Board of Patent Appeals and Interferences determinations. Congress enacted a patch to provide for the appointment of patent judges, but the "Duffy Defect" did not stop there. Other scholars have questioned the constitutionality of various government actors from Bankruptcy Judges to the Pay Czar. The United States Tax Court dealt with a recent Appointments Clause challenge when a taxpayer questioned whether Internal …
Mavericks, Moderates, Or Drifters - Supreme Court Voting Alignments, 1838-2009, Christine Kexel Chabot, Benjamin Remy Chabot
Mavericks, Moderates, Or Drifters - Supreme Court Voting Alignments, 1838-2009, Christine Kexel Chabot, Benjamin Remy Chabot
Missouri Law Review
We introduce a new data set recording the vote of every Justice in 18,812 Supreme Court cases decided between 1838 and 1949. When combined with existing data sets, our new data allow us to examine votes in all cases through 2009. We use this data to address previously unanswerable questions about the president's ability to appoint Supreme Court Justices of similar ideology. Surprisingly, history shows that the president's odds of appointing a Justice who sides with appointees of his party have been no better than a coin flip. We find no evidence that divided government at the time of nomination …
Leveraging Tribal Sovereignty For Economic Opportunity: A Strategic Negotiations Perspective, Gavin Clarkson, Jim Sebenius
Leveraging Tribal Sovereignty For Economic Opportunity: A Strategic Negotiations Perspective, Gavin Clarkson, Jim Sebenius
Missouri Law Review
Part II of this Article discusses the sovereign nature of tribal governments and reviews the history of tribal sovereignty, concluding with an examination of tribal-state compacting outside of the gaming context. Part III examines the origins of Indian gaming, focusing on the development of the legal framework which governs tribal gaming activities and necessitates the negotiation of tribal-state gaming compacts. Given the need for tribal-state negotiations, Part IV presents a framework for structuring and analyzing negotiations. Part V applies that framework in the retelling of the first part of the Foxwoods story, the negotiations regarding the original gaming compact. The …
Cost Of A Tax Agenda: The Passage Of Proposition A And Its Effect On Kansas City And St. Louis City, The, Missy Mccoy
Cost Of A Tax Agenda: The Passage Of Proposition A And Its Effect On Kansas City And St. Louis City, The, Missy Mccoy
Missouri Law Review
This Law Summary begins with a discussion of the history of the earnings tax in Kansas City and St. Louis City starting with both cities' designations as home rule cities.10 Being home rule cities allowed them independence in governing their populace and the eventual implementation of an earnings tax through city charters and state enabling statutes. Next, this Law Summary discusses Proposition A's repeal of the previous enabling statutes, the institution of new statutes, and the prohibition of any other city from passing an earnings tax. This Law Summary takes the position that Proposition A, funded largely by St. Louis-area …
Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak
Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak
Missouri Law Review
The competing standards of Internet libel jurisdiction reflect the tensions between the forum state's interest in providing convenient recovery for its injured residents and the defendant's constitutional right to foresee where he might be subject to jurisdiction. In an effort to pursue these two goals as well as integrate modem Internet-related concerns, lower courts have derived numerous divergent tests for Internet libel jurisdiction, leaving the issue in a state of disorder and ambiguity. To analyze this problem, this Note will first survey the historical background of traditional personal jurisdiction principles, with particular emphasis on the U.S. Supreme Court's Calder "effects" …
Do I Own This Car - The Supreme Court Creates A Standard For Bapcpa Car Ownership, Anne Benton Hucker
Do I Own This Car - The Supreme Court Creates A Standard For Bapcpa Car Ownership, Anne Benton Hucker
Missouri Law Review
The case was Ransom v. FIA Card Services, N.A., and the dispute was whether, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Appellant Jason Ransom should be able to claim a vehicle ownership expense for purposes of Chapter 13 bankruptcy for the unencumbered car that he owned. Practitioners in the bankruptcy field had been watching the progression of this case and were eager to learn the Court's resolution of the issue. The interest was due to two reasons. First, the outcome of the case would affect approximately 250,000 Chapter 13 petitioners. Second, the case would resolve …