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Articles 91 - 120 of 3741
Full-Text Articles in Law
Federalism And The Blue Sky Laws: Reevaluating U.S. Securities Regulation, Jessica E. Lees
Federalism And The Blue Sky Laws: Reevaluating U.S. Securities Regulation, Jessica E. Lees
Missouri Law Review
Securities regulation in the United States is an important example of federalism-in-action, given the overlapping jurisdiction of state and federal authorities over securities-related matters. However, the existing system has long been criticized as both overly burdensome and ineffective at achieving its core aims. In particular, the extensive network of state securities laws, often referred to as the “blue sky” laws, has been the subject of, and has exacerbated, many of these critiques. Tensions between federal and state activities in this area are ongoing and subject to numerous reform proposals. Yet, recent proposals to refashion the U.S. securities regulatory scheme have …
The Second Bite At The Apple Watch Through The United States Customs And Border Protection: A Further Whittling Of Patent Rights Post-Ebay, Thomas R. Langdon
The Second Bite At The Apple Watch Through The United States Customs And Border Protection: A Further Whittling Of Patent Rights Post-Ebay, Thomas R. Langdon
Missouri Law Review
Underlying the patent system is a bargain between the general public and patent owners. In exchange for the limited-time right of the patentee to exclude others from making, using, or selling their patented invention or process, the public receives the benefit of both the disclosure of new and useful inventions and processes and the increased incentive to innovate. The Supreme Court’s eBay v. MercExchange decision, however, fundamentally changed this bargain by removing the presumption of injunctive relief for patent owners upon a finding of infringement in Article III courts. The Court replaced this presumption with a four-factor test, making it …
A Return To The Wild West: Missouri’S Heightened Standard Under The Known Third Person Exception, Liz Eastlund
A Return To The Wild West: Missouri’S Heightened Standard Under The Known Third Person Exception, Liz Eastlund
Missouri Law Review
Picture this: a crowded saloon packed with patrons enjoying food, drinks, and each other’s company—for the Western movie lover, the imagery is familiar. While establishments like saloons were essential social centers of the West in the later years of the nineteenth century, violence from brawls took the lives of many. Lawmen were tasked with keeping the peace and tracking down dangerous outlaws on the American frontier. Despite the existence of these fabled sheriffs, revolvers and alcohol were a lethal combination that led to dangerous gun battles between community members.
Burdening Caregivers With But-For Causation, Jessie L. O'Brien
Burdening Caregivers With But-For Causation, Jessie L. O'Brien
Missouri Law Review
It is human nature to depend on one another. You may depend on your friend for a laugh after a hard day or your classmate to bring a strong work ethic to a group project. Whether the dependence stems from a comfortable bond, a familiar relationship, or a passing expectation, we rely on each other daily. However, some people experience a deeper level of need where they are dependent on another person to navigate even the basic necessities of life. Imagine if your loved one required this level of dependence—where even the smallest of tasks required your support. Now imagine …
Bad Paper & The Problems With Moral Turpitude In The Va Context, Rebecca L. Feldmann
Bad Paper & The Problems With Moral Turpitude In The Va Context, Rebecca L. Feldmann
Missouri Law Review
Moral turpitude serves as a way to exclude former servicemembers from the U.S. Department of Veterans Affairs (“VA”) definition of a veteran. As a result, servicemembers who commit offenses deemed morally turpitudinous cannot access VA disability compensation, burial in a VA cemetery, education benefits, many types of VA healthcare, or any other of the multitude of benefits offered by the VA. This issue is especially problematic for veterans with “bad paper”—i.e., those with a less than fully honorable discharge—whose underlying misconduct is related to post-traumatic stress disorder (“PTSD”), a traumatic brain injury (“TBI”), or another mental health condition.
Unconstitutional “Detours”, Zachary R. Cormier
Unconstitutional “Detours”, Zachary R. Cormier
Missouri Law Review
There is no more important context to have clear Fourth Amendment search and seizure limitations than the traffic stop. “Police pull over more than 50,000 drivers on a typical day,” resulting in seizures of “more than 20 million motorists every year.” The frequency of traffic stops is compounded by the malleability of their potential legal justifications. In Whren v. United States, the Supreme Court held that a pretextual traffic stop motivated by a desire to investigate a vehicle’s occupants for unrelated criminal activity (for which the officer does not yet have probable cause) does not violate the Fourth Amendment so …
My Pillow Or Yours?: Balancing Personal Property Rights And Government Interests, Griffin Roster
My Pillow Or Yours?: Balancing Personal Property Rights And Government Interests, Griffin Roster
Missouri Law Review
When an individual is involved in a criminal investigation, the government may obtain a valid warrant allowing agents to seize property related to the alleged criminal activity. The government may seize personal property because it is either contraband or evidence of the crime being investigated. The types of property the government can seize are vast, ranging from $65,000 to sixty-five-million-year-old dinosaur bones, to something as personal as an individual’s private cell phone. Ultimately, when the government has a valid warrant to seize property, there is not much an individual can do to prevent the seizure.
More Than A Coin Flip: Bielski V. Coinbase And The Presumption In Favor Of Arbitration, Austin Siener
More Than A Coin Flip: Bielski V. Coinbase And The Presumption In Favor Of Arbitration, Austin Siener
Missouri Law Review
Arbitration agreements are frequently found in consumer contracts, diverting disputes away from litigation and toward arbitration, in which a third party resolves the dispute and renders a binding award. Parties often challenge the enforceability of arbitration agreements and seek to bring the issue to court, where they believe litigation of a dispute would be advantageous under the circumstances. This can be viewed as a game, with arbitration on one side and litigation on the other. It seems obvious that, as with most games, both teams would begin on equal footing, each with the same chance of winning—think of the jump …
Legal Issues In Reconciling Data Protection, Ai, And Cybersecurity Under Eu Law, Iain Nash, Debrae Kennedy-Mayo, Peter Swire, Annie Antón
Legal Issues In Reconciling Data Protection, Ai, And Cybersecurity Under Eu Law, Iain Nash, Debrae Kennedy-Mayo, Peter Swire, Annie Antón
Missouri Law Review
This Paper focuses on certain legal responsibilities under European Union (“EU”) law for companies that provide cybersecurity services, by examining the intersection of data protection (privacy), cybersecurity, and artificial intelligence (“AI”). This Paper explores these issues in the context of a hypothetical cybersecurity company known as “ACME Cyber Sentinel” providing services to a hypothetical client named “TechGuard.” In four scenarios, this Paper explores ACME Cyber Sentinel: (1) providing cybersecurity service to TechGuard; (2) gathering and processing data from multiple clients to analyze potential cybersecurity threats; (3) training, evaluating, and deploying AI cybersecurity tools; and (4) using these AI cybersecurity tools …
Think Of The Children! Unmasking The Rhetoric Behind Internet Censorship In The Digital Age, Annaleigh Hobbs
Think Of The Children! Unmasking The Rhetoric Behind Internet Censorship In The Digital Age, Annaleigh Hobbs
Missouri Law Review
The Internet is becoming increasingly interwoven into the fabric of daily life. Now more than ever, Americans are concerned about internet privacy and how personal data is being used, stored, and collected. Additionally, with information readily available at the click of a mouse or tap on a screen, there is rising concern about the impact of the Internet on both children and teenagers. Children’s internet use doubled during the COVID-19 pandemic, and a census on media use by teens and tweens in 2021 reported that one in four teenagers use social media “almost constantly.”
Reconceiving Corporate Rights And Regulation In The Ai Era, Michael R. Siebecker
Reconceiving Corporate Rights And Regulation In The Ai Era, Michael R. Siebecker
Missouri Law Review
Can existing corporate governance principles properly guide the relationship between shareholders and directors as artificial intelligence (“AI”) plays an increasingly prominent role in corporate management, planning, and operations? Without a doubt, AI technologies allow corporations to enjoy enhanced efficiency and innovation. But the vast range of AI capabilities—from sophisticated data analytics to autonomous decision-making—raises profound questions about whether traditional governance principles remain sufficiently robust to cabin the proper development and deployment of such a powerful and rapidly evolving set of new technologies. Current corporate governance structures that focus on human actors and traditional business decision-making mechanisms seem ill-suited to address …
Bridging The Divide: Does The Eu's Ai Act Offer Code For Regulating Emergent Technologies In America?, Renee Henson
Bridging The Divide: Does The Eu's Ai Act Offer Code For Regulating Emergent Technologies In America?, Renee Henson
Missouri Law Review
The European Union (“EU”) has taken the remarkable step of coming to agreement to implement the first-of-its-kind comprehensive legislation regarding artificial intelligence (“AI”), the AI Act. The AI Act adopts a risk-based approach to address diverse AI system applications and potential harms associated with AI technology. The AI Act categorizes AI systems based on risk levels, ranging from unacceptable to minimal, with corresponding regulatory requirements tailored to mitigate associated risks. Efforts are underway in the United States to establish AI regulatory frameworks, as demonstrated by the Bipartisan Framework for U.S. Act, proposed by Senators Josh Hawley (R-MO) and Richard Blumenthal …
Resolving The Incompatibility Of Claim Accrual And Recovery In Copyright Law, Tim Knight
Resolving The Incompatibility Of Claim Accrual And Recovery In Copyright Law, Tim Knight
Missouri Law Review
Under Section 507(b) of the Copyright Act, which provides a three-year statute of limitations, courts have typically employed one of two distinct approaches to ascertain when a claim accrues in civil copyright infringement cases. One of these is the “Discovery Accrual Rule,” which provides that the three-year limitation period commences once a plaintiff discovers infringement. The other, the “Injury Accrual Rule,” provides that the three-year limitation period commences once a plaintiff has been harmed through infringement. An incompatibility arises because no section of the Copyright Act prescribes a specific lookback period for recovery. As such, there is an ongoing debate …
The Case For Applying Comcast's Causal Canon To The Pregnant Workers Fairness Act, Taylor Todd
The Case For Applying Comcast's Causal Canon To The Pregnant Workers Fairness Act, Taylor Todd
Missouri Law Review
For as long as there have been employer-employee relationships, there has been the potential for problems in those relationships—some of which are rooted in discrimination. In an ideal world, employees and prospective employees would not face adverse decisions based on protected characteristics. Unfortunately, the world is not always ideal and such decisions can and do happen. That said, the law attempts to bring justice when discrimination claims arise, working to balance the interests and rights of wronged employees while also setting forth standards that require employees to meet certain thresholds when making those claims. Throughout modern history, the United States …
Using Intellectual Property To Regulate Artificial Intelligence, Dennis D. Crouch
Using Intellectual Property To Regulate Artificial Intelligence, Dennis D. Crouch
Missouri Law Review
This Article examines the complex relationship between intellectual property (“IP”) rights and the regulation of artificial intelligence (“AI”). It advances two primary claims: First, while IP plays a role in guiding innovative behaviors in AI development, it does not serve as an effective mechanism for direct regulation of AI. This claim is based on the observation that IP rights, such as patents and copyrights, are primarily designed to incentivize innovation and protect creative works, while lacking the levers necessary to address the broader societal implications of AI technology. The narrow focus of IP rights on rewarding creators makes them ill-suited …
Calvinball In Cole County:State Ex Rel. Fitz-James V. Bailey, Eric Humphrey
Calvinball In Cole County:State Ex Rel. Fitz-James V. Bailey, Eric Humphrey
Missouri Law Review
In the comic strip Calvin and Hobbes, the titular boy and tiger often play a game called Calvinball. There is only one rule to Calvinball: The game cannot be played the same way twice. In one strip, Calvin and Hobbes try to play football. Hobbes yells, “The center snaps the ball to the quarterback.” Calvin retorts, “No he doesn’t! He’s secretly the quarterback for the other team! He keeps the ball!” The game descends into chaos. At the end of the strip, Calvin says, “Sooner or later, all our games turn into Calvinball.” Much like the rules of Calvinball, the …
Artificial Intelligence And Antibody Genus Claims, Thomas R. Langdon
Artificial Intelligence And Antibody Genus Claims, Thomas R. Langdon
Missouri Law Review
Antibodies are the guard dogs of the human immune system. They travel through the bloodstream, sniffing out foreign invaders (antigens), binding to them, and preventing them from harming the body. Instead of having a nose, four legs, and a tail, antibodies are Y-shaped proteins comprised of amino acids that viciously protect their hosts. Think of the tips of the “Y” as mouths that can bite certain antigens and lock them in place, rendering them harmless. Antibodies have the ability to identify a plethora of antigens to bind to and neutralize; “[s]ome researchers have estimated that the theoretical number of different …
Time For An Audible: Possible Solutions For Nil Collectives Seeking Tax-Exempt Status Following Irs Memo, Austin Siener
Time For An Audible: Possible Solutions For Nil Collectives Seeking Tax-Exempt Status Following Irs Memo, Austin Siener
Missouri Law Review
The United States Supreme Court’s decision in NCAA v. Alston sent shockwaves throughout the world of college sports. The Court’s recognition of student athletes’ abilities to profit from their name, image, and likeness (“NIL”) revolutionized the landscape of collegiate athletics. Shortly thereafter, the National Collegiate Athletic Association (the “NCAA”) adopted its Interim NIL Policy, explicitly allowing opportunities for companies, entities, or individuals to pay student athletes for use of their NIL. Unsurprisingly, athletes capitalized on the opportunities immediately. For example, Hanna and Haley Cavinder, former women’s college basketball players with millions of followers on social media, completed an NIL deal …
Liking, Linking, And Tweeting: Mental Health, Mentoring, And Professional Responsibility In The Age Of Social Media, B. Summer Chandler
Liking, Linking, And Tweeting: Mental Health, Mentoring, And Professional Responsibility In The Age Of Social Media, B. Summer Chandler
Missouri Law Review
It should come as no surprise that interaction through social media and other forms of technology mediated communications (“TMC”) has grown dramatically over the last two decades. The Covid-19 pandemic exacerbated this turn to technology. Communicating through some form of technology, rather than face-to-face, necessarily changes the methods we use to communicate (a smile emoji in a text replaces a smile you might give in a face-to-face discussion, for example). Studies support, however, that, in addition to changing the means by which we communicate, our increased reliance on TMC may also be changing us. Among other things, some studies show …
Private Law As Morality: A Critique Of Peter M. Gerhart’S Contract Law And Social Morality, P.T. Babie, Claire Williams, Jessica Viven-Wilksch, James Gilchrist Stewart
Private Law As Morality: A Critique Of Peter M. Gerhart’S Contract Law And Social Morality, P.T. Babie, Claire Williams, Jessica Viven-Wilksch, James Gilchrist Stewart
Missouri Law Review
This review essay offers a constructive critique of Peter M. Gerhart’s Contract Law and Social Morality (‘CLSM’); it examines, in a very preliminary way, whether humans—parties to contractual negotiation—ever behave in other-regarding, or altruistic, ways. The essay does this through three explorations or investigations. The first considers other-regarding behavior, or altruism, from a scientific perspective: is it possible that humans ever act out of concern for others? Second, it considers CLSM using ideas of altruism found in an eclectically selective use of philosophy. Third, it investigates the concept of the other-regarding person in relation to contract law itself which, of …
Exploring Key Antitrust Implications Of Conference Consolidation In College Football, Kamron Cox
Exploring Key Antitrust Implications Of Conference Consolidation In College Football, Kamron Cox
Missouri Law Review
This paper explores a future in which two “super conferences” dominate college football. Considering the erosion of the PAC 12 Conference and the looming threats to the Atlantic Coast Conference against the skyrocketing media rights revenues of the Big Ten Conference and the Southeastern Conference (“Power Two”), thought leaders across college athletics anticipate that future industry changes will be characterized by a continued consolidation of valuable college football brands into fewer high major conferences than we see today. At the same time, the frequency and public sentiment toward legal attacks on student-athlete compensation restrictions are now such that major college …
Turning From A Hire Power: Employment Discrimination And Faulty Ninth Circuit Procedure, Matthew Swords
Turning From A Hire Power: Employment Discrimination And Faulty Ninth Circuit Procedure, Matthew Swords
Missouri Law Review
You just applied for your dream job. As anticipation for a response amounts, you become overwhelmed with a sense of optimism. You know you are overqualified, yet a few days later, you receive notification that the employer is no longer considering you for the position. Despite meeting all requisite qualifications, you feel slighted. You wonder if another factor is at play. Conversely, imagine you actually get the job. You accept, and you work at the company for a few years only to one day have your boss inform you that your employer is terminating your employment. Again, you feel slighted. …
The Rhetoric Of Abortion In Amicus Briefs, Jamie R. Abrams, Amanda Potts
The Rhetoric Of Abortion In Amicus Briefs, Jamie R. Abrams, Amanda Potts
Missouri Law Review
The amicus briefs filed in landmark abortion cases before the U.S. Supreme Court serve as a barometer revealing how various constituencies talk about abortion, women, fetuses, physicians, rights, and harms over time. This article conducts an interdisciplinary legal-linguistic study of the amicus briefs that were filed in the milestone abortion cases of Roe v. Wade, Doe v. Bolton, Planned Parenthood v. Casey, and Dobbs v. Jackson Women’s Health. As the first large-scale study of all amicus briefs submitted in these key cases, this article identifies the roles of amicus briefs, analyzes their rhetorical strategies, and describes how their authors engage …
The Back-And-Forth Battle Of Defining Independent Contractors, Jessie O'Brien
The Back-And-Forth Battle Of Defining Independent Contractors, Jessie O'Brien
Missouri Law Review
Gone are the times where employers automatically chain workers to cubicles and bind them to regimented schedules motivated by corporate America. Modern jobs come with new and liberating choices—choices to be your own boss, create your own schedule, and control your own time. Virtually all industries reflect these choices through specialized positions, such as freelancing, consulting, and “gig work.” These work arrangements are broadly referred to as independent contracting. Contracting arrangements offer greater flexibility and independence to workers than traditional employer-employee arrangements. To no surprise, these attractive features of independent contracting have led to a significant rise of independent contractors …
Rigor Or Reach? Strictness Or Scope?: The Continuing Battle Over The Parameters Of The Supreme Court’S Daubert/Kumho Reliability/Validation Test For The Admissibility Of Expert Testimony, Edward J. Imwinkelried
Rigor Or Reach? Strictness Or Scope?: The Continuing Battle Over The Parameters Of The Supreme Court’S Daubert/Kumho Reliability/Validation Test For The Admissibility Of Expert Testimony, Edward J. Imwinkelried
Missouri Law Review
Expert testimony is offered at the overwhelming majority of trials conducted in the United States. In many of these cases, it is absolutely essential for the plaintiff or prosecutor to introduce such testimony. The plaintiff may need expert testimony to prove general causation in a toxic Tort case, and similarly the prosecutor may need to resort to expert testimony to establish the accused’s identity as the perpetrator of the charged crime. For decades, the proponents of expert testimony have mounted campaigns to lower the evidentiary barriers to expert testimony. For most of the 20th century, the governing American test for …
“Uphill . . . Both Ways!” The Issues With Missouri’S Compulsory Attendance Legislation, Amaris Garber
“Uphill . . . Both Ways!” The Issues With Missouri’S Compulsory Attendance Legislation, Amaris Garber
Missouri Law Review
“When I was a kid, I walked to school uphill . . . both ways!” Hidden in this adage is a kernel of truth regarding America’s relationship with education: for many Americans, school attendance is often difficult for more reasons than just the early morning struggle of getting out of bed. Prior to 2020, 15% of students missed at least 10% of the school year. In the wake of the COVID-19 pandemic, absenteeism increased at worrisome rates; in the 2021-2022 school year, more than 25% of students missed at least 10% of the school year. In Missouri specifically, chronic absenteeism …