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Articles 961 - 990 of 3741
Full-Text Articles in Law
Rule 804(B)(6) - The Illegitimate Child Of The Failed Liaison Between The Hearsay Rule And Confrontation Clause, Anthony Bocchino, David Sonenshein
Rule 804(B)(6) - The Illegitimate Child Of The Failed Liaison Between The Hearsay Rule And Confrontation Clause, Anthony Bocchino, David Sonenshein
Missouri Law Review
This article argues that the "Forfeiture by Wrongdoing" exception to the hearsay rule is utterly lacking in any of the traditional indicia of trustworthiness, which are the universal hallmark of all admissible hearsay evidence pursuant to the Federal Rules of Evidence. Further, we take the position that this rule is an unnecessary systemic check against civil and criminal litigants who intentionally subvert the justice system by procuring the unavailability of witnesses by wrongdoing. Other sanctioning mechanisms which do not allow criminal and civil justice decisions be influenced or determined by untrustworthy evidence exist and are better tailored to the deterrence …
Justifying Facial Discrimination By Government Defendants Under The Fair Housing Act: Which Standard To Apply, Kaitlin A. Bridges
Justifying Facial Discrimination By Government Defendants Under The Fair Housing Act: Which Standard To Apply, Kaitlin A. Bridges
Missouri Law Review
This Summary will discuss the standard that the Sixth, Ninth, and Tenth Circuits have adopted, as well as the opposing viewpoint of the Eighth Circuit. In discussing the various standards that courts of appeals have adopted, this Summary will demonstrate that the standard currently employed by the Eighth Circuit fails to adequately prevent and protect citizens from housing discrimination, as intended by the Fair Housing Act. The Summary will ultimately conclude that the Sixth, Ninth, and Tenth Circuits have applied the appropriate standard, and that the Eigth Circuit needs to join those Circuits in applying a standard that encourages those …
Preparing Students For Democratic Participation: Why Teacher Curricular Speech Should Sometimes Be Protected By The First Amendment, Anne Gardner
Missouri Law Review
This note will examine the legal basis and educational framework for First Amendment protection of classroom speech. The Supreme Court of the United States has not directly addressed the constitutional issues implicated in teacher classroom speech. As a result, the circuit courts are split in the application of an appropriate analysis.15 In most circuits, teacher curricular speech is not protected speech.' 6 Among the circuit courts, teacher curricular speech is governed by three competing doctrines: public employee speech, student speech, and academic freedom. 1 7 While the Fourth, Fifth, Sixth, and Seventh Circuits have applied the Pickering public employee analysis,' …
Unreasonable - Missouri Rejects A Reasonable Person Standard For Determining Co-Employee Liability Under Badami's Something More Test, Richard D. Worth
Unreasonable - Missouri Rejects A Reasonable Person Standard For Determining Co-Employee Liability Under Badami's Something More Test, Richard D. Worth
Missouri Law Review
Missouri's workers' compensation law has changed dramatically since its common law inception. Co-employee liability for injuries caused to fellow employees has shadowed this change. At common law, employers were not liable for injuries to their employees caused by the actions of fellow employees. However, Missouri's adoption of the Workers' Compensation Act in 1926 shifted the burden of liability for work-related injuries from employees to employers and the general public. Although employers now bear the burden of work-related injures to their employees, Missouri has continued to recognize co-employee liability, but only under limited circumstances. For an employee to lose immunity from …
Implications Of Psychological Research Related To Unconscious Discrimination And Implicit Bias In Proving Intentional Discrimination, The, Ivan E. Bodensteiner
Implications Of Psychological Research Related To Unconscious Discrimination And Implicit Bias In Proving Intentional Discrimination, The, Ivan E. Bodensteiner
Missouri Law Review
Taking into account recent psychological research related to implicit bias and discrimination, this article will address proof of intent in disparate treatment cases. Part II of the article will examine a likely source of proof of discrimination - comments made by agents of the defendant. Courts frequently discount such comments, labeling them as "stray remarks" and either excluding them as evidence or determining that they are insufficient to defeat a motion for summary judgment. Derogatory comments directed at an individual, based on certain characteristics the speaker attributes to the individual, provide substantial insight into how the speaker assesses people. For …
Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Missouri Law Review
Using broad strokes to paint the rights and protections granted therein, the free exercise and the establishment clauses stand as dual monuments to the great-American experiment in separating the State and the sacred., Their sparse language is contrasted by comparatively specific manifestations of similar interests in the state constitutions. Echoing their federal counterpart, the state constitutions commonly command that the state may not fund religiously affiliated educational institutions. No fewer than thirty-eight states, including Missouri, adopted a so-called "Blaine Amendment," which prevent states from supporting sectarian or religious schools. Employing more detail than its federal counterpart, Missouri's constitution made explicit …
Unfair Housing On The Internet: The Effect Of The Communications Decency Act On The Fair Housing Act, Andrew J. Crossett
Unfair Housing On The Internet: The Effect Of The Communications Decency Act On The Fair Housing Act, Andrew J. Crossett
Missouri Law Review
The use of online advertisements is a relatively new, but rapidlygrowing phenomenon. Consumers have latched onto the idea of holding an online garage sale and its use has seen a marked increase. For example, online classified advertising services users increased eighty percent between 2004 and 2005. Consumers, however, sell more than baseball gloves and books online. One sector of the online advertisement market that has proven to be problematic is the sale of housing rental space. These advertisements would seemingly fit within the scope of the Fair Housing Act, which contains a provision regulating housing advertisements. However, these advertisements also …
Effective Communication Of Warnings In The Workplace: Avoiding Injuries In Working With Industrial Materials, Victor E. Schwartz, Christopher E. Appel
Effective Communication Of Warnings In The Workplace: Avoiding Injuries In Working With Industrial Materials, Victor E. Schwartz, Christopher E. Appel
Missouri Law Review
This Article provides a guide for participants in the supply chain to communicate product risks in the most effective manner to prevent injury where prevention is possible. It suggests how liability rules should be congruent with this same public policy goal. Part II of the Article details the special challenges inherent to effectively warning users of the potential dangers posed by industrial products, while Part III sets forth criteria for meeting these challenges in the workplace. Part IV considers the development of the law in industrial product warnings. Part V then analyzes workplace safety under the current liability structure, and …
Right To Remain Silent: A First Amendment Analysis Of Abortion Informed Consent Laws, The, Whitney D. Pile
Right To Remain Silent: A First Amendment Analysis Of Abortion Informed Consent Laws, The, Whitney D. Pile
Missouri Law Review
Since the United States Supreme Court legalized abortion in the 1973 decision Roe v. Wade, the law governing the regulation of abortions has been in a constant state of flux. After the legalization of abortion, states began enacting informed consent laws in order to regulate what information a woman must be given before terminating her pregnancy; today, a total of 32 states have an informed consent law of some kind. Many informed consent laws, such as that of Missouri, require that a woman receive information at least 24 hours before undergoing an abortion and that the abortion providers disclose the …
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
Missouri Law Review
It is my great honor to deliver the Earl F. Nelson lecture for the year 2007. I have never met Mr. Nelson, but I have looked at the roster of distinguished people who have spoken in this lecture series, and I am pleased to have my name added to such an august list. I would also like to add my tribute to Dale Whitman, to whom this Conference has been dedicated. I regard him as a one-man version of Mr. Inside and Mr. Outside, a reference to - for those of you who remember - the old Army teams from …
Real Estate Practice In The Twenty-First Century, Ann M. Burkhart
Real Estate Practice In The Twenty-First Century, Ann M. Burkhart
Missouri Law Review
The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness. Real estate law, perhaps more than any other area, has changed very slowly since the beginning of the common law legal system. The mortgage, which will be the engine for this century's developments, is a particularly striking example of this slow rate of evolution.' …
Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel
Trust And Community: The Common Interest Community As Metaphor And Paradox, Paula A. Franzese, Steven Siegel
Missouri Law Review
This Article explores the power of trust to shape where we live and how we live. It aims to provide a new set of first principles to reshape the common interest community (CIC) paradigm, so that the promise of social trust, rather than control and punishment, can enhance the cultural and economic success of this Goliath of residential living.
From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher
From One Pocket To The Other: The Abuse Of Real Estate Investment Trusts Deductions, Jennifer Stonecipher
Missouri Law Review
Many large, multi-state retailers and banks have been acting as their own landlord by paying rent to themselves. Sophisticated corporate tax strategists have employed a method of avoiding state taxes by using a real estate investment trust (REIT) to "own" its real estate. The retailer or bank then pays rent to the REIT, which then turns the money over to a holding company. The rent money ends up back in the hands of the corporate parent, without being subject to state income tax along the way. Although this tax loophole has been closed by the federal government, the strategy is …
Boundaries Of Exclusion, Geogrette Chapman Phillips
Boundaries Of Exclusion, Geogrette Chapman Phillips
Missouri Law Review
This article is a story about boundaries and exclusion and about how - or whether - there is a community based right to exclude nonresidents. The right of the individual to own property, to defend that property and to exclude others from entering that property are sticks in the bundle of rights enshrined in US property law. The limitations on that exclusion are determined by the creation of a legally defined property line that bounds these rights. That part of our story is relatively straightforward. However, we do not live our lives in isolation. We surround ourselves with a chosen …
Teaching Property - A Conceptual Approach, Dale A. Whitman
Teaching Property - A Conceptual Approach, Dale A. Whitman
Missouri Law Review
The property course has shrunk. This fact is well-documented, and is obvious to anyone who has taught the course over any appreciable length of time. For many decades, Property received six credits in most law schools - typically three in the Fall and three in the Winter semester of the first year. Now, few schools give the course more than four or five credits, and some have cut it to three. The change seems to have occurred mainly over the last two decades. While it is doubtful that many Property teachers would have chosen this reduction, it is now an …
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Missouri Law Review
This article is a first step in evaluating and discussing some of the hazards, legal risks and uncertainties inherent in mezzanine financings and the way in which the market fails to adequately take these factors into account. In Part II, I describe the legal background and structure of mezzanine loans. Part III focuses on the risks and realities of mezzanine loans. In particular, I describe some of the difficulties in perfecting a security interest in, and foreclosing upon, mezzanine loan collateral. In Part IV, I argue that the recent subprime mortgage crisis offers a cautionary tale for many of the …
Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester
Fannie Mae/Freddie Mac Uniform Mortgage Instruments: The Forgotten Benefit To Homeowners, Julia Patterson Forrester
Missouri Law Review
Part II of this Article discusses Fannie Mae and Freddie Mac, their creation and evolution, their current role in the secondary market, and the development and current use of the Fannie Mae/Freddie Mac standardized forms. Part III looks at these uniform mortgage instruments in detail, and compares them to other residential loan documents and to commercial mortgage loan documents. Part III also considers typical terms of other consumer transactions that are not so balanced and explores how the problems that consumers face in choosing consumer credit make loan documents with fair terms particularly beneficial to consumers. Part IV discusses current …
Foreclosure Purchase By The Equity Of Redemption Holder Or Other Junior Interests: When Should Principles Of Fairness And Morality Trump Normal Priority Rules, The, Grant S. Nelson
Missouri Law Review
The foregoing leads to the major question posed by this paper - when should the logic of mortgage foreclosure law and its priority rules be trumped by an overriding concern for fairness and morality? This question is uniquely suited to a symposium dedicated to Dale Whitman's career as a teacher and scholar. This paper examines this question in two distinct contexts. In Part II of this paper, the focus is on whether the mortgagor or other holder of the equity of redemption 7 who purchases the property at the foreclosure sale of a senior lien acquires a title free and …
Thank You, Dale, R. Wilson Freyermuth
Thank You, Dale, R. Wilson Freyermuth
Missouri Law Review
Often in symposium issues, it is customary for the organizer to prepare a foreword that introduces each author and presents a brief synopsis of each article. As is true for most symposia, the authors in this issue (and their articles) are worthy of such praise and attention. I hope you will read and enjoy each of the articles, but this foreword is not going to summarize or describe them. Instead, with the indulgence of the other authors, this foreword will focus on Dale Whitman - in whose honor these articles were prepared and presented at the University of Missouri-Columbia School …
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Mortgage Law In China: Comparing Theory And Practice, Gregory M. Stein
Missouri Law Review
This Article examines Chinese mortgage law as it actually operates in the field, focusing on both legal and business issues. During the summer of 2005, I interviewed dozens of Chinese and Western lawyers, bankers, real estate developers, government officials, judges, economists, real estate consultants, law professors, business professors, real estate agents, law students, and recent homebuyers. Their comments offer reliable insights into how China's real estate markets truly function. The discussion that follows draws on these conversations to examine China's budding mortgage law practices, including how they developed, how they comport with or differ from written laws, and what questions …
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
In Re N.L.B. V. Lentz: The Missouri Supreme Court's Unwarranted Extension Of A Putative Father's Constitutional Protections, Lauren Standlee
Missouri Law Review
In Lentz, the Missouri Supreme Court granted an unwed father leave to intervene in an adoption, despite the fact that he had failed to bring himself into the realm of constitutionally protected putative fathers. This note explains why the holding of the Lentz court subverted the intent of Missouri's adoption statutes and its putative father registry, and argues that an unwed biological father who has not filed a valid paternity action, registered with the putative father registry, or demonstrated a substantial commitment to the responsibilities of parenthood should not be entitled to the additional constitutional protections available to diligent putative …
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Missouri Law Review
This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform. Part II briefly describes the transformation of the modem mortgage transaction - from its traditional "local" character to the modem development of the "national" mortgage market - and the implications of this transformation for the way in which satisfaction of mortgages occurs. Part III discusses the current patchwork of state law mortgage satisfaction provisions, emphasizing how these provisions have not kept pace with the transformation of the mortgage market, how the lack of uniformity …
Doctrines Of Waste In A Landscape Of Waste, John A. Lovett
Doctrines Of Waste In A Landscape Of Waste, John A. Lovett
Missouri Law Review
While I do not deny that classic waste cases - conflicts between life tenants and future interest holders over alleged instances of voluntary waste - are less common today than they used to be (but perhaps not as uncommon as some might think), my goals in this article are to reawaken readers to the importance of waste doctrine, to suggest that the great days of waste may not be completely in the past, to recommend some new uses for waste cases as teaching tools, and generally to urge a renewed appreciation for waste - an appreciation that Dale Whitman, for …
Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll
Tipping Point: Missouri Single Subject Provision, Alexander R. Knoll
Missouri Law Review
The Missouri single subject provision, which requires that each bill enacted by the Missouri Legislature contain a single subject, is one of the great equalizers in backroom politics. Simply put, it is a hurdle that prevents legislators from hijacking the legislative process by attaching an unrelated provision to a proposed bill. This is a practice that many of our Federal legislators find to be a daily occurrence, but one that our state politicians are prevented from doing under the single subject provision of the Missouri Constitution. However, even with the broad prohibition outlined in the single subject provision, for the …
Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden
Missouri Law Review
Supreme Court Justice Potter Stewart observed that "[t]he art of being a judge, if there is such an art, is in announcing clear rules in the context of... infinitely varied cases, rules that can be understood and observed by conscientious government officials. This might be excellent advice for Missouri's judges to consider. After nearly fifteen years of struggling to formulate the proper standard for appellate review of a trial court's finding of probable cause, courts appear to be as unsettled on the issue as ever. In no context is this clearer than in cases involving charges of driving while intoxicated …
Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper
Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper
Missouri Law Review
This Summary will analyze the reasoning utilized in the various district court decisions since LePage's and will seek to illustrate how those courts have dealt with a lack of clear foundation as to how to handle bundling claims under the antitrust laws. Furthermore, this summary will attempt to determine specific reasons why the LePage's decision has failed to provide a proper approach to determining the legality of bundled discounts. Finally, the Summary will conclude that the Supreme Court should grant certiorari in order to provide both the district and circuit courts with guidance as to how they should balance between …
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin
Missouri Law Review
Part II of this article presents an overview of premarital agreement rules related to procedural and substantive fairness. Part III examines the relationship between the Restatement (First) of Conflict of Laws (hereinafter Restatement (First)) and the Restatement (Second) of Conflict of Laws (hereinafter Restatement (Second)), with a specific focus on the ability of parties to contractually predetermine controlling law in relationship to marital rights and obligations before they marry. Part IV analyzes the choice of law provision in the UPAA. Part V synthesizes the existing judicial treatment of choice of law provisions in premarital agreements in jurisdictions applying the Restatement …
Capricious, Even Perverse Policy: Random, Suspicionless Drug Testing Policies In High Schools And The Fourth Amendment, A, Jennifer K. Turner
Capricious, Even Perverse Policy: Random, Suspicionless Drug Testing Policies In High Schools And The Fourth Amendment, A, Jennifer K. Turner
Missouri Law Review
Today's high school students must worry about more than simply writing their next paper or passing their next exam. They must also worry about passing another kind of test - a drug test. Students who fail this test may lose both their privilege to participate in extracurricular activities and their permit to park on campus. Teenage drug use is a national problem that many think is on the rise. A growing number of school districts across the country have responded to this apparent problem by implementing random, suspicionless drug testing (RSDT) programs. RSDT programs test particular groups of students, usually …
Attempted Enticement Of A Minor: No Place For Pedophiles To Hide Under 18 U.S.C. 2422(B), Bridget M. Boggess
Attempted Enticement Of A Minor: No Place For Pedophiles To Hide Under 18 U.S.C. 2422(B), Bridget M. Boggess
Missouri Law Review
This law summary analyzes the relevant law concerning attempted enticement of a minor and the potential defenses to a claim of attempted enticement under § 2422(b). Additionally, this law summary examines the current trends surrounding the crime of attempted enticement of a minor, including the growing circuit court consensus that an actual minor is not necessary for a conviction under § 2422(b), the increased use of Internet sting operations to pursue pedophiles, and the popularity of investigative television shows such as To Catch a Predator. Although Internet sting operations seem to be a resourceful way to track pedophiles online and …