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Articles 991 - 1020 of 3741
Full-Text Articles in Law
Good Guidance, Good Grief, Stephen M. Johnnson
Good Guidance, Good Grief, Stephen M. Johnnson
Missouri Law Review
This article examines the problems created by the White House reforms and prior reforms proposed by congress, ACUS and academics, and outlines the advantages and disadvantages of the alternative APA amendments outlined above. Part II of the article explores the basic differences between legislative rules, interpretive rules and policy statements and the reasons for the trend away from legislative rules. Part III introduces the long-standing concerns regarding interpretive rules and policy statements. Part IV examines the proposals and initiatives of ACUS, academics, and the various branches of the Federal government to address those concerns; and Part V identifies the weaknesses …
Title Vii And The Protection Of Minority Languages In The American Workplace: The Search For A Justification, James Leonard
Title Vii And The Protection Of Minority Languages In The American Workplace: The Search For A Justification, James Leonard
Missouri Law Review
My purpose in this Article is to examine possible justifications for the EEOC's language rules under Title VII. Part II provides necessary background information, describing the EEOC rule system as well as the threegeneration process of English acquisition in immigrant families. The remainder of the Article is devoted to potential normative explanations for the EEOC rules. Part III asks whether the Guidelines promote equality interests while Parts IV and V question whether they vindicate personal autonomy or multicultural interests, respectively. I conclude that none of these arguments offers a sufficient justification for interfering with managerial judgments.
Rationalizing Away Political Powerlessness: Equal Protection Analysis Of Laws Classifying Gays And Lesbians, Emily K. Baxter
Rationalizing Away Political Powerlessness: Equal Protection Analysis Of Laws Classifying Gays And Lesbians, Emily K. Baxter
Missouri Law Review
In November of 2000, Nebraska joined a growing number of states that have banned same sex marriage by passing a constitutional amendment prohibiting the recognition of same sex marriage, civil unions, and domestic partnerships. Unlike legislation and amendments in other states which either simply define marriage as a union between a man and a woman or refuse to recognize same sex marriage, the amendment to the Nebraska constitution is a broad prohibition on the recognition of any partnership rights for same sex couples. The United States Supreme Court has yet to establish whether or not gays and lesbians should be …
Scheme Liability Under Section 10(B) Of The Securities Exchange Act Of 1934, Taavi Annus
Scheme Liability Under Section 10(B) Of The Securities Exchange Act Of 1934, Taavi Annus
Missouri Law Review
This law summary analyzes the recent cases where plaintiffs have tried to utilize the scheme liability theory. Even though courts have frequently analyzed claims based on this theory, they approach the issue rather unsystematically, reach inconsistent results, and do not employ a similar analytic structure. Part of this inconsistency is based on the fact that scheme liability is applied in cases involving very different fraudulent practices and against actors with very different functions. Due to this wide range of circumstances, the different approaches of courts may actually be justified. It is probably inappropriate to formulate a single test or rule …
No Free Pass For Employees: Missouri Says Yes To Individual Liability Under The Missouri Human Rights Act, Richard D. Worth
No Free Pass For Employees: Missouri Says Yes To Individual Liability Under The Missouri Human Rights Act, Richard D. Worth
Missouri Law Review
For over a decade, Missouri federal courts have debated the interpretation of the term "employer" provided in the Missouri Human Rights Act ("MHRA"), offering two distinct interpretations. Some have held that the MHRA's definition of "employer" allows for individual liability for managers and supervisors along with the employing entity. However, recent Missouri federal opinions have reluctantly followed Eighth Circuit precedent in holding that the MHRA does not impose individual liability. Amid the conflicting federal judicial decisions, one thing has remained constant: every Missouri federal court has tried to predict how the Missouri Supreme Court would decide the issue. As a …
Appropriate Conduct: The Constitutionality Of The Missouri Legislature's Appropriations For The State Family Planning Program, Jessica L. Conlon
Appropriate Conduct: The Constitutionality Of The Missouri Legislature's Appropriations For The State Family Planning Program, Jessica L. Conlon
Missouri Law Review
Each year, approximately 7.4 million American women obtain contraceptive and reproductive health care from government-funded family planning programs. According to the Alan Guttmacher Institute, these programs, which primarily serve women who are "young, unmarried, less-educated or poor," help 1.3 million women avoid unintended pregnancies in an efficient use of taxpayer dollars. Despite the substantial benefits of family planning programs, they are not without their critics. Abortion opponents often challenge publicly-funded family planning programs because some organizations that provide family planning services also provide abortions. Their concern is that, by funding family planning services in those organizations that also provide abortions, …
Rescuing Burke, Carl T. Bogus
Rescuing Burke, Carl T. Bogus
Missouri Law Review
This Article has three objectives. The first is to demonstrate Burke's liberalism. The second is to argue that Burke might also be considered a conservative, but a certain kind of conservative only, namely, a traditional conservative. Edmund Burke's philosophy is at war with that of the dominant conservatives of today - libertarians, neoconservatives, and social conservatives 2 - even though these conservatives seek to associate their thinking with his. Thus, I seek to deny to these groups Burke's good name. At the same time, I wish to show that Burke offers common ground to some liberals and conservatives. These groups …
Determining When To Start The Clock: The Capable Ascertainment Standard And Repressed Memory Sexual Abuse Cases, John Daly Cooney
Determining When To Start The Clock: The Capable Ascertainment Standard And Repressed Memory Sexual Abuse Cases, John Daly Cooney
Missouri Law Review
In Missouri, for purposes of determining when the statute of limitations begins to run, a cause of action shall not be deemed to accrue when the alleged wrong or breach of duty occurs, but rather when the "damage resulting therefrom is sustained and is capable of ascertainment." While this test has governed Missouri tort cases since 1919, when it was explicitly written into Missouri statutory law, courts have struggled in determining when damages are "capable of ascertainment" in order to satisfy the test. In Powel v. Chaminade College Preparatory, Inc., the Supreme Court of Missouri attempted to establish a generally …
John Locke And The Meaning Of The Takings Clause, Jeffrety M. Gaba
John Locke And The Meaning Of The Takings Clause, Jeffrety M. Gaba
Missouri Law Review
The purpose of this article is to provide both a detailed analysis of Locke to aid the Takings debate and a particular reading of the Two Treatises that provides a coherent picture of the limits of government authority over private property. Part I is an introduction to John Locke and the Two Treatises of Government. Part II addresses Locke's justifications for acquisition of private property in a pre-govenment "State of Nature" and the constraints on property reflected in a series of Lockean "provisos." Robert Nozick in Anarchy, State and Utopia, has suggested that the "historical shadow" of Locke's provisos can …
Advertising Regulations On Sexually Oriented Business: How Far Is Too Far, Jennifer Stonecipher
Advertising Regulations On Sexually Oriented Business: How Far Is Too Far, Jennifer Stonecipher
Missouri Law Review
In recent decades, various courts have held that the First Amendment extends to commercial speech . Although the level of protection afforded to commercial speech differs from that given to non-commercial speech, these courts have held that the First Amendment protects commercial speech that is neither misleading nor concerns illegal activities. Under such a framework, in order to regulate commercial speech, the government must demonstrate that the regulation directly advances a substantial interest and is no more restrictive than necessary to serve that interest. In Passions Video, Inc. v. Nixon, a group of business owners challenged a Missouri statute that …
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Photo-Id Requirement For Voting: Ensuring Both Access And Integrity, The, Evan D. Montgomery
Missouri Law Review
This law summary will look at Missouri's short-lived Photo ID requirement which was struck down by the Missouri Supreme Court in Weinschenk v. Missouri, as well as two similar measures that were the subject of litigation in federal courts in Georgia and Indiana. Each of these cases employs a test that represents a balance between a Democratic focus on access and a Republican focus on integrity.
First Amendment And Non-Political Speech: Exploring A Constitutional Model That Focuses On The Existence Of Alternative Channels Of Communication, The, Patrick M. Garry
First Amendment And Non-Political Speech: Exploring A Constitutional Model That Focuses On The Existence Of Alternative Channels Of Communication, The, Patrick M. Garry
Missouri Law Review
This Article attempts to illustrate how media entertainment speech currently possesses a constitutional advantage over the traditional political speech of physical protest. Part I discusses current First Amendment doctrines relating to permissible types of speech regulation. Although these doctrines claim to be content-neutral, they effectively discriminate against the speech of on-site political protest. Part II examines how this discrimination comes into being. Since many of the constitutional doctrines relating to speech regulation are geared to the "place" where the speech occurs, these doctrines essentially let media entertainment off the hook, since the vast majority of that entertainment has no "place" …
Hanging On To Till: Interpretations Of Bapcpa's Hanging Paragraph, Kaitlin A. Bridges
Hanging On To Till: Interpretations Of Bapcpa's Hanging Paragraph, Kaitlin A. Bridges
Missouri Law Review
Bankruptcy law has significantly changed in the last two years due to the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"). An already complex and challenging area of law, bankruptcy has become even more so, as debtors and creditors begin to question how their rights have changed. For courts, one of the most perplexing issues is whether the standards and interpretations that were established in preBAPCPA bankruptcy cases are still applicable today. As courts have examined the potential effects of the new legislation, different opinions have emerged, leaving even more uncertainty for interested parties. One of the …
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Second Amendment Incorporation Through The Fourteenth Amendment Privileges Or Immunities And Due Process Clauses, Michael Anthony Lawrence
Missouri Law Review
The Second Amendment, alternately maligned over the years as the black sheep of the constitutional family and praised as a palladium of the liberties of a republic, should be recognized by the United States Supreme Court to apply to the several States through the Fourteenth Amendment privileges or immunities clause or, alternatively, through the due process clause. This article suggests that the issue of Second Amendment incorporation presents a useful contemporary mechanism for the Court to revive the longdormant Fourteenth Amendment privileges or immunities clause. Such judicial recognition of the clause is necessary to respect the Framers' vision, as inspired …
Safer Destination For Trespassers, A, Ross Mcferron
Safer Destination For Trespassers, A, Ross Mcferron
Missouri Law Review
Traditionally, Missouri courts have maintained the general rule that a possessor of land owes no duty of care to trespassers. However, Missouri courts have adopted some well-defined exceptions to the general rule, particularly in situations where trespassers are easily foreseeable. But, prior to the Humphrey v. Glenn decision in 2005, possessors of land had never owed a duty to adult trespassers regarding a condition on the land. In Humphrey, the Missouri Supreme Court addressed the issue of whether possessors of land had a duty to warn "constant" trespassers of dangerous artificial conditions on the possessors' property. The court determined that …
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 …
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Imposing A Cap On Capital Punishment, Adam M. Gershowitz
Missouri Law Review
This Article argues that because prosecutors have discretion to seek the death penalty and too many cases, they lack the incentive to police themselves and choose carefully. Put simply, because there are too few legal constraints - and virtually no political constraints - on the sheer number of cases in which prosecutors can pursue the death penalty, the Government is not under sufficient pressure to limit its use of capital punishment to only the most heinous cases. As a result, two things happen. First, the death penalty is sought and meted out in some cases, which though terrible, are no …
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Cyberstalking, A New Crime: Evaluating The Effectiveness Of Current State And Federal Laws, Naomi Harlin Goodno
Missouri Law Review
This article explores how the nature of cyberstalking represents a form of behavior distinct from "offline stalking." As such, the interpretation of many of the statutes dealing with offline stalking may be inadequate to address the problem. The first part of this article explores the differences between offline stalking and cyberstalking. The second part examines what the criminal elements of cyberstalking should be in light of these differences. The third part considers how these differences create gaps in both state and federal stalking statutes so that it may be difficult to adequately prosecute all aspects of cyberstalking. This section also …
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Struggling To Give Meaning To The Concept Of Meaningful Interference: The Eighth Circuit Announces A New Rule, Joshua C. Devine
Missouri Law Review
This Note examines United States v. Va Lerie, a recent Eighth Circuit case involving law enforcement interference with property entrusted to Greyhound, a third-party common carrier. In Va Lerie, the Eighth Circuit established a new test for determining when property entrusted to third-party common carriers is seized within the meaning of the Fourth Amendment. This Note argues that the Eighth Circuit's new test fails to comport with the holding of Jacobsen. As such, the Eighth Circuit should have adhered to a line of precedent that distinguishes between the touching of property by law enforcement officials and a more detailed inquiry …
Multiple Convictions For Single Acts Of Possession - The Eighth Circuit Finally Gets It Right, Brad Thoenen
Multiple Convictions For Single Acts Of Possession - The Eighth Circuit Finally Gets It Right, Brad Thoenen
Missouri Law Review
Until the recent decision in United States v. Richardson, the Eighth Circuit was the only circuit in the United States to permit multiple convictions for single acts of possessing a firearm or ammunition. This Note will explore the rationale and the ramifications of this decision and illustrate that, while it took the Eighth Circuit longer than it should have, this shift represents a step toward the realization of a more just and satisfactory criminal justice system, where convictions are based not on conjecture and speculation, but on practical interpretations of legislative intent.
Charles B. Blackmar: Professor, Judge, Chief Justice And Charlie, Michael A. Wolff
Charles B. Blackmar: Professor, Judge, Chief Justice And Charlie, Michael A. Wolff
Missouri Law Review
This eulogy was delivered by Michael A. Wolff, Chief Justice of the Supreme Court of Missouri, at the funeral service for Judge Charles Blackmar, who died January 20, 2007, at the age of 84.
Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar
Missouri's Nonpartisan Court Plan From 1942 To 2005, Charles B. Blackmar
Missouri Law Review
Missouri's Constitution of 1821 provided for the appointment of all superior court judges by the governor, in the manner which prevailed in most of the states then members of the union. With the advent of Jacksonian democracy, a feeling developed that all persons holding important public positions should be elected by the voters, and most of the states opted for the popular election of trial and appellate judges. In 1848, Missouri amended its constitution to provide for popular election of all judges, including judges of the Supreme Court, on partisan tickets at the regular biennial elections. Missouri continued to elect …
Viewpoint Discrimination In Law School Clinics: Teaching Students When And How To Just Say No, Jason A. Kempf
Viewpoint Discrimination In Law School Clinics: Teaching Students When And How To Just Say No, Jason A. Kempf
Missouri Law Review
In 1996, the American Bar Association ("ABA") amended its law school accreditation standards and required that all ABA-approved law schools offer "live-client or other real-life practice experience. '' In doing so, the ABA confirmed the increasingly important role of law school clinics in legal education. This unique teaching environment moves students and professors out of the classroom and into real-world courtrooms. As these "student-lawyers" work on behalf of live clients, they "experience the legal ethics issues lawyers face every day, such as client confidentiality, conflict of interest, and competency issues." Not surprisingly, with these ethical issues come difficult decisions for …
Supreme Court Cordially Invited You To Sue In Federal Court: Hope You Don't Mind Waiting, The, Evan F. Fitts
Supreme Court Cordially Invited You To Sue In Federal Court: Hope You Don't Mind Waiting, The, Evan F. Fitts
Missouri Law Review
Congestion in the federal judiciary is so prevalent that it has become an afterthought. From the outset of their introductory Federal Civil Procedure course, most law students learn that any attorney who brings an action in a federal court better be prepared to wait. A recent report by the Federal Judicial Center indicated that the average time between filing and adjudication of issues in federal district courts was approximately two years. It can reasonably be asserted that this length of time is directly proportional to the amount of cases on the federal docket. Therefore, any step to reduce the caseload …
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Missouri Law Review
Although sovereign immunity jurisprudence is not the most highly publicized topic of debate in the mainstream media, it has recently become a major source of contention on the Supreme Court. The flurry of sovereign immunity litigation that has reached the high court in the last decade has yielded mostly 5-4 decisions that have expanded the state's ability to assert immunity as a defense. Given this trend, few could have predicted the outcome of the court's decision in Central Virginia Community College v. Katz. In Katz, the 5-4 decision broke the other direction, and the court held that states had waived …
Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter
Potential And Peril Of Bapcpa For Empirical Research, The, Katherine Porter
Missouri Law Review
This article surveys the history of bankruptcy data and identifies the BAPCPA provisions that bear directly on research. It concludes by examining how such studies will and should proceed. BAPCPA provides both opportunities and hazards to advance our understanding of bankruptcy. The development of comprehensive federal data offers the potential to dramatically increase the scope of knowledge about the bankruptcy system. The peril lies in the government conducting its research without the transparency and accountability necessary to convince private industry, academic scholars, and the general public of the integrity and usefulness of these data. Rather than eclipsing academic research, the …