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Articles 901 - 930 of 3741
Full-Text Articles in Law
High-Tech Words Do Hurt: A Modern Makeover Expands Missouri's Harassment Law To Include Electronic Communications, Andrew M. Henderson
High-Tech Words Do Hurt: A Modern Makeover Expands Missouri's Harassment Law To Include Electronic Communications, Andrew M. Henderson
Missouri Law Review
This Article will examine, inter alia, whether actions that qualify as cyberbullying could be considered harassment when done in person. More specifically, Part II of this Article will provide an explanation of cyberbullying, discuss the application of Missouri harassment law before the recent amendments, and detail relevant First Amendment issues as they pertain to harassment statutes. Part III will review Missouri's recently amended harassment statute, Missouri Revised Statute § 565.090. Further, Part III will explore the effectiveness of current and pending federal statutes that might prosecute cyberbullies. Part IV will discuss the likely issues that a court must resolve in …
Who's Afraid Of Redistribution - An Analysis Of The Earned Income Tax Credit, Jennifer Bird-Pollan
Who's Afraid Of Redistribution - An Analysis Of The Earned Income Tax Credit, Jennifer Bird-Pollan
Missouri Law Review
One central element of the American version of redistribution comes in the form of the Earned Income Tax Credit (the "EITC"). In his campaign platform, Barack Obama vowed to expand the EITC, making it available to more taxpayers than ever before. Given the outcome of the 2008 election, and President Obama's seeming commitment to the tenets of redistribution (despite his disavowal of the word) and his express promise to expand the reach of the EITC, as well as the recent changes to the EITC introduced by the American Recovery and Reinvestment Act of 2009 (the "ARRA"), it seems a perfect …
Falling Through The Cracks: Missouri Amends Its Felon Firearm Possession Statute, Adam E. Hanna
Falling Through The Cracks: Missouri Amends Its Felon Firearm Possession Statute, Adam E. Hanna
Missouri Law Review
In early September 2007, police in Cape Girardeau, Missouri, arrested a previously convicted felon whom they discovered drivinp with a loaded gun, a magazine of ammunition, and a stun gun in his vehicle. The man, who was convicted in Illinois in 2000 for sexual abuse and failing to register as a sex offender, was later released after police determined that his possession of the gun, ammunition, and the stun gun did not violate Missouri law. This incident inspired Cape Girardeau County Prosecuting Attorney H. Morley Swingle to lobby for changes to Missouri's statute prohibiting some felons from possessing firearms.
Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli
Religious &(And) Philosophical Exemptions To Mandatory School Vaccinations: Who Should Bear The Costs To Society, Anthony Ciolli
Missouri Law Review
This Essay will discuss the impact that recognizing religious and philosophical exemptions to mandatory school vaccinations may have on society, with a particular focus on who should bear the costs of the negative externalities created by widespread use of such exemptions. Part I will discuss the rationale behind mandatory vaccinations and identify the costs associated with religious and philosophical exemptions. Part II will discuss the current state of school vaccination law and explain why society cannot expect legislatures to completely eliminate religious and philosophical exemptions or rely on the judiciary to provide a proper check on the abuse of such …
Saving Missouri's Public Defender System: A Call For Adequate Legislative Funding, Justine Finney Guyer
Saving Missouri's Public Defender System: A Call For Adequate Legislative Funding, Justine Finney Guyer
Missouri Law Review
The Constitutions of both the United States and the state of Missouri guarantee an indigent defendant the right to effective legal counsel when the defendant's freedom is in jeopardy. Due to a caseload crisis that is compounded by many other factors, the Office of the Missouri Public Defender cannot serve all the indigent clients who depend on it. The most notable of the issues plaguing the public defender system is that of funding. As a result of a severely underfunded system, public defenders are without resources necessary to effectively represent all of their clients. In order to improve client services …
Setting Things Straight: Adding A Provision To Allow Damages For Emotional Distress In The Bankruptcy Code Could Clear Up A Lot Of Confusion, Nathan M. Priestaf
Setting Things Straight: Adding A Provision To Allow Damages For Emotional Distress In The Bankruptcy Code Could Clear Up A Lot Of Confusion, Nathan M. Priestaf
Missouri Law Review
This Comment details the history of the automatic stay, the differing treatment of the statute in various jurisdictions, and the potential ramifications to debtors. Clearly, much of the time-consuming analysis performed by courts could be avoided if the Bankruptcy Code expressly permitted recovery for emotional distress, something most courts already permit, albeit only after considerable hand-wringing and strained reasoning. As a result, this Comment proposes a statutory addition to § 362(k) that addresses the dual concerns of bankruptcy courts: (1) allowing a legitimately injured debtor to recover for emotional distress damages while (2) providing a standard and burden of proof …
When Mira Liens Trump Attorney Fee Claims: A Harsh Result In Light Of Karpierz, Carrie B. Williamson
When Mira Liens Trump Attorney Fee Claims: A Harsh Result In Light Of Karpierz, Carrie B. Williamson
Missouri Law Review
The Missouri Incarceration Reimbursement Act ("MIRA") is a powerful tool which allows the State to recover incarceration costs directly from an inmate's personal assets. But what if the inmate's assets include funds obtained in some fashion by the legal services of an attorney? Could a subsequent MIRA claim take priority over that attorney's interest in being paid from the fruit of his labor? In the 2003 case of State ex reL. Nixon v. Karpierz, the Missouri Supreme Court sought to provide answers to these questions. Karpierz placed a limitation on the parameters of MIRA's reach by allowing a plaintiff inmate's …
Redevelopment Condemnations: A Blight Or A Blessing Upon The Land, Harold L. Lowenstein
Redevelopment Condemnations: A Blight Or A Blessing Upon The Land, Harold L. Lowenstein
Missouri Law Review
Eminent domain has been a hot topic in legal circles since the U.S. Supreme Court's opinion in Kelo v. City of New London. Issues such as fair compensation, public use, and the role of government in economic development have been discussed widely. The focus of this article, however, is somewhat different. This article seeks to provide a practical analysis for the sensitive issue of eminent domain, specifically for situations in which the government seeks to acquire real property via eminent domain in order to foster private redevelopment. The power to take private property, conferred by the Constitution and reiterated in …
Missouri's Second Injury Fund - Should It Stay Or Should It Go: An Examination Of The Question Facing The Missouri State Legislature, Jason R. Mcclitis
Missouri's Second Injury Fund - Should It Stay Or Should It Go: An Examination Of The Question Facing The Missouri State Legislature, Jason R. Mcclitis
Missouri Law Review
This Law Summary will start by explaining the concepts underlying the Fund within the workers' compensation system. It will then move to an indepth look at the Fund's recent developments in the judicial, executive, and legislative arenas. Finally, this Law Summary will analyze and attempt to answer the ultimate question facing the 2009 state legislature: what should be done with the Fund? This will include an examination of the Fund's future liability under its current claims and the Schoemehl decision, the need for the Fund in the wake on anti-disability discrimination laws, and adjustments and alternatives for the legislature to …
New Approach To Overcoming The Insurmountable Watershed Rule Exception To Teague's Collateral Review Killer, A, Ezra D. Landes
New Approach To Overcoming The Insurmountable Watershed Rule Exception To Teague's Collateral Review Killer, A, Ezra D. Landes
Missouri Law Review
This Article will propose a new approach to overcoming the seemingly insurmountable watershed rule exception. While a single case - such as Crawford or Blakely - may not rise to watershed status, this Article will suggest that a line of cases could be considered watershed. 8 It will be shown that the highly subjective nature of this exception lends itself perfectly to this type of reasoning, and that adoption of this approach would help reconcile some inherent conflicts encountered by the Court whenever Teague retroactivity comes before it. Part II of this Article will provide the necessary legal framework, by …
Protecting The Predator Or The Prey - The Missouri Supreme Court's Refusal To Allow Past Sexual Misconduct As Propensity Evidence, William E. Marcantel
Protecting The Predator Or The Prey - The Missouri Supreme Court's Refusal To Allow Past Sexual Misconduct As Propensity Evidence, William E. Marcantel
Missouri Law Review
Americans consider child molestation and sexual assault among the most heinous crimes that one can commit. In response to the public's opinion regarding these crimes, Congress created exceptions to the longstanding rule barring character propensity evidence. Over the protests of prominent lefal figures, Congress enacted Federal Rules of Evidence 413- 415 in 1994. Though these rules have been sustained by several appellate court decisions, the constitutionality of Rules 413-415 has not been conclusively decided by the United States Supreme Court. Missouri's legislature has twice attempted to pass a statute regarding child molestation similar to Federal Rule of Evidence 414, and …
Lessening The Rehabilitative Focus Of The Federal Juvenile Delinquency Act: A Trend Towards Punitive Juvenile Dispositions, Meghan E. Lewis
Lessening The Rehabilitative Focus Of The Federal Juvenile Delinquency Act: A Trend Towards Punitive Juvenile Dispositions, Meghan E. Lewis
Missouri Law Review
Both the federal and state governments have recognized that criminal adults and delinquent juveniles are fundamentally different. Acknowledging that juveniles are more amenable to successful rehabilitation than adults, each government has created a separate juvenile justice system to better handle these unique concerns. The federal structure for juvenile adjudication was established by the Federal Juvenile Delinquency Act ("FJDA," "the Act"), and was enacted to provide individualized rehabilitation for juvenile delinquents in an informal, less procedurally rigid setting than traditional criminal courts. The FJDA grants federal district courts considerable discretion in determining whether a juvenile should be adjudicated under the FJDA …
Religious Expression And The Penal Institution: The Role Of Damages In Rluipa Enforcement, Joseph E. Bredehoft
Religious Expression And The Penal Institution: The Role Of Damages In Rluipa Enforcement, Joseph E. Bredehoft
Missouri Law Review
This Summary focuses on RLUIPA's institutionalized persons provision and whether, under its remedial provision, an inmate plaintiff can receive compensatory damages. First, this Summary looks at key decisions dealing with the availability of compensatory damages in individual and official capacity claims under RLUIPA. The second component of the Summary analyzes a recent Eighth Circuit decision on the issue of damages as it relates to RLUIPA. This Summary then evaluates the case law on this issue, discussing the policy reasons for and against allowing compensatory damages. Lastly, the discussion concludes that the Eighth Circuit should prohibit institutionalized persons from obtaining compensatory …
Money, Caregiving, And Kinship: Should Paid Caregivers Be Allowed To Obtain De Facto Parental Status, Pamela Loufer-Ukeles
Money, Caregiving, And Kinship: Should Paid Caregivers Be Allowed To Obtain De Facto Parental Status, Pamela Loufer-Ukeles
Missouri Law Review
The law of custody and visitation is expanding to include the possibility of non-biological and non-adoptive parents' legal access to children. The concept of the psychological parent or functional caretaker is becoming increasingly prevalent and influential in state law. Moreover, the ALI Principles of Family Dissolution include two categories of psychological parents - parents by estoppel and de facto parents - in its proposed guidelines for who can petition for custody and visitation rights to children. Yet, both state law and the ALl Principles exclude caretakers who receive compensation - including foster parents, paid child care providers and surrogate mothers …
Interpreting Eminent Domain In Missouri: Elimination Of Blight Is Allright, Anita J. Patel
Interpreting Eminent Domain In Missouri: Elimination Of Blight Is Allright, Anita J. Patel
Missouri Law Review
This Note argues that the court in Allright improperly interpreted the statute's requirement of a specific finding of blight for each parcel but it properly applied the predominance requirement. It also examines the impact of the new eminent domain legislation in Missouri and argues that the legislation does not provide as much protection to private property owners as the legislature claims.
Statutory Leapfrog: Compensatory And Punitive Damages Under The Retaliatory Provision Of The Ada, David A. Doellman
Statutory Leapfrog: Compensatory And Punitive Damages Under The Retaliatory Provision Of The Ada, David A. Doellman
Missouri Law Review
Equality has traditionally been an important issue in many different aspects of American life, and Congress created various laws to ensure that this equality is preserved. One of these laws is the Americans with Disabilities Act of 1990 (ADA). The ADA was created to ensure that those with disabilities would be treated equally in aspects of both public services and accommodations, as well as in the employment sector. Among its many provisions, the ADA serves to protect employees from being discharged from their positions in "retaliation" for opposing practices by the employer that would have also been unlawful under the …
Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman
Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman
Missouri Law Review
Part II examines the theoretical rationale underlying both statutory damages and class actions: making individual claims marketable. This Part explains how combining the class action with statutory damages invites overdeterrence, a fact aptly demonstrated by the FACTA class actions. Part III describes the constitutional framework for analyzing constitutional excessiveness under the Due Process Clause. This Part shows how the modem due process standard for punitive damages - known as the BMW guideposts - in fact evolved from a test developed in early Supreme Court precedent analyzing the constitutional limits on statutory damages. Part IV examines modem judicial treatment of due …
Missouri V. Holland And Historical Textualism , Michael D. Ramsey
Missouri V. Holland And Historical Textualism , Michael D. Ramsey
Missouri Law Review
This essay does not undertake to say what the Holland rule should be today; instead, it advances a methodology to determine the Constitution's original meaning on the matter. Its approach, for want of a better phrase, I will call "historical textualism." In brief, historical textualism finds constitutional meaning in the specific words of the Constitution's text as they were situated and understood in the context in which they were written. Applying that approach, I find full support for Holland's conclusion in the Constitution's original meaning. That conclusion differs from other studies which have relied on "originalist" analysis to find subject …
Putting Missouri V. Holland On The Map, Edward T. Swaine
Putting Missouri V. Holland On The Map, Edward T. Swaine
Missouri Law Review
While I can think of no fitter setting for a symposium on this important topic, it must be admitted that geographically speaking, Missouri v. Holland disappoints. One thrills to the prospect of a divisive dispute between the State of Missouri and a province of the Netherlands - perhaps a sub-national compact on flood control gone sour? It quickly becomes apparent, though, that "Holland" is merely a lower-level federal official. And Missouri's particulars play a limited role in the case, as suggested by the fact that Kansas came to its side in the Supreme Court proceedings. Those who are not students …
Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku
Crucial Role Of The States And Private International Law Treaties: A Model For Accommodating Globalization, The, Julian G. Ku
Missouri Law Review
This brief essay highlights the central and important role that state governments play in the development and integration of private international law treaties into the United States legal system. States play this central role even though, as some of the papers in this symposium have concluded, there are few, if any, constitutional constraints on the ability of the federal government to sign, ratify, and implement treaties that would displace state law. The primacy of states in the integration of private international law, this essay argues, points the way to a model of accommodation of other kinds of treaties affecting traditional …
Elusive Foreign Compact, The, Duncan B. Hollis
Elusive Foreign Compact, The, Duncan B. Hollis
Missouri Law Review
Missouri v. Holland marks one of the great rivalries of foreign affairs law, with Missouri and the federal government squaring off over states' rights limitations on the federal government's treaty-making power.' But the rivalry did not end with that case. Recently, Missouri and the federal government opened a new chapter in their feud over state and federal powers in foreign affairs. This time, however, the constitutional challenge involved an international agreement made by Missouri, not the federal government
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
Missouri Law Review
I first explain the theoretical underpinning of the argument against the inevitability of localist opportunism. I then illustrate the general theory with three examples where the international obligations of the United States can be met without the strong federal supervision that Story deemed necessary and that latter-day nationalists embrace. I first discuss the body of law that was the subject of Swift v. Tyson, namely the rules governing negotiable instruments. Story thought that developing a federal common law was necessary to thwart idiosyncratic, and presumably opportunistic, state decisions. Yet both before and after the overthrow of Swift v. Tyson in …
Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill
Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill
Missouri Law Review
In Independence-National Education Ass'n v. Independence School District, the Missouri Supreme Court granted public employees the right to collectively bargain. This holding breathed new life into an argument more than sixty years old: that the Missouri Constitution grants both public and private sector employees the right to collectively bargain. However, a close reading of this seemingly landmark case shows that Missouri's highest court smothered the numerous possibilities afforded by this holding before they could be tested by both public employers and public employees. This Note will argue that the Missouri Supreme Court's holding was unnecessary and affords no new rights …
Missouri V. Holland's Second Holding, Carlos Manuel Vazquez
Missouri V. Holland's Second Holding, Carlos Manuel Vazquez
Missouri Law Review
This legitimate federalism problem, however, does not warrant a complete rethinking of Treaty Power doctrine. It just requires some tinkering around Missouri v. Holland's edges. The solution I propose is far narrower than those proposed by Bradley and Rosenkranz, and unlike their proposed solutions, it is consistent with the Founder's design. I argue that the power to implement treaties under the Necessary and Proper clause is the power to require compliance with treaty obligations. Because aspirational treaty provisions do not impose obligations in any meaningful sense of the term, the clause does not give Congress the power to implement such …
Foreword, Margaret E. Mcguinness
Foreword, Margaret E. Mcguinness
Missouri Law Review
Columbia, Missouri is a fitting venue at which to continue the conversation about Missouri v. Holland and explore the intersection of law-making at the international, national and sub-national levels. This symposium revisits the debate over national and local control over foreign affairs and brings together the constitutional doctrinal discussion and accounts of the globalization of regulation that consider the complexity of influences operating within and between multiple systems of law. Both the factual background of Holland (primarily a case about environmental regulation) and the doctrinal context in which it arose (a Supreme Court poised to move toward constitutional endorsement of …
Federalism And Horizontality In International Human Rights , Margaret E. Mcguinness
Federalism And Horizontality In International Human Rights , Margaret E. Mcguinness
Missouri Law Review
The advent of the international human rights system is one of the many changes to international law since the time Missouri v. Holland was decided. As other contributions to this symposium note, one of the challenging federalism questions raised by Holland in this new era is the effect of international human rights treaties and emerging customary international human rights law on U.S. states. And just as the creation of the international human rights regime has affected domestic analysis of federalism, the international human rights system has itself adjusted to the processes of federalism. The human rights regime is largely structured …
Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan
Direct Threat Defense Under The Ada: Posing A Threat To The Protection Of Disabled Employees, The, Rene L. Duncan
Missouri Law Review
The Americans with Disabilities Act was passed with intentions of eliminating stereotypes and fear towards disabled individuals and their ability to function and contribute to society. In the employment context, the Act will not permit an employer to refuse to hire an individual solely because of that person's disability. However, it will permit the employer to defend such action when limitations caused by an individual's disability rise to the level of a direct threat to the safety of others. When an employer raises such a defense, circuit courts are split as to whether the burden of proving the existence or …