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Full-Text Articles in Law
What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion
What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion
Missouri Law Review
Most Missourians can move into homes with their partners, put up pictures of their spouses at their workplace desks, or book a hotel room for an overnight stay with a carefree confidence that these actions will not result in harassment or discriminatory repercussions. Unfortunately, this is not true for all of the state’s residents. Approximately 160,000 adults in Missouri identify as lesbian, gay, bisexual, and/or transgender (“LGBT”). Accordingly, approximately 160,000 adults in Missouri are particularly vulnerable to workplace, housing, and public accommodations discrimination as the Missouri Human Rights Act (“MHRA”), Missouri’s general anti-discrimination statute, does not explicitly prohibit discrimination based …
Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin
Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin
Missouri Law Review
In Geier v. Missouri Ethics Commission, the appellant, Gerald Geier, asked the Supreme Court of Missouri to consider the constitutionality of Missouri’s reporting requirement statutes as applied to Stop Now!, an inactive political action committee (“PAC”). Geier argued that the reporting requirement failed to meet the exacting scrutiny standard because the State’s interest in receiving reports of inactivity did not outweigh the burden placed on Geier by the requirement. This Note analyzes the court’s application of exacting scrutiny in the instant decision. It also notes the limits of PAC disclosure requirements as a public policy tool in the absence of …
Statutory Interpretation In Missouri, Matthew Davis
Statutory Interpretation In Missouri, Matthew Davis
Missouri Law Review
Although countless secondary sources discuss the canons used to interpret statutory language, few thoroughly focus on the canons cited by Missouri courts. This four-part Note attempts to fill that void. Part II begins by organizing and concisely stating roughly thirty rules of statutory interpretation. Part III then contends that two of these principles – that the purpose of a statute should be furthered and that absurd outcomes should be avoided – often lend themselves to unpredictable results. Part IV concludes by suggesting one way this unpredictability could be minimized.
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
The Journal of Appellate Practice and Process
No abstract provided.
Access To Education: Transgender Students In Missouri’S Public Education System, Cailynn Hayter
Access To Education: Transgender Students In Missouri’S Public Education System, Cailynn Hayter
Missouri Law Review
Although the questions about whether transgender students have a right to use the restrooms of their gender identity in public schools have been centered on moral and religious concerns, this Note does not focus on those aspects. Instead, it focuses on legal precedent and the implications of developing law on the issue in Missouri. The first half of this Note discusses the federal and state legal backgrounds of transgender students’ right to use the restroom of their gender identity, while the second half discusses the need for the Missouri General Assembly to adopt a specific statute protecting this right.
“Show Me” Your Legal Status: A Constitutional Analysis Of Missouri’S Exclusion Of Daca Students From Postsecondary Educational Benefits, Britteny Pfleger
“Show Me” Your Legal Status: A Constitutional Analysis Of Missouri’S Exclusion Of Daca Students From Postsecondary Educational Benefits, Britteny Pfleger
Missouri Law Review
This Note discusses how Missouri’s exclusion of in-state tuition and state scholarship funding affects DACA students and concludes the Missouri legislature’s proposal violates the Fourteenth Amendment’s Equal Protection Clause. Part II explores the DACA program and its effects on both DACA individuals and society; it then lays out Missouri law on higher education benefits, both prior to and after the passage of HB 3 and SB 224. Next, Part III details the process used to evaluate equal protection claims based on immigration status. Part IV scrutinizes the legislation under equal protection case law, ultimately concluding in Part V that HB …
The Supreme Court Of Missouri Splashes With Precedent In Waterslide Injury Case, Joe Krispin
The Supreme Court Of Missouri Splashes With Precedent In Waterslide Injury Case, Joe Krispin
Missouri Law Review
This Note reviews the legal history of amusement park operator liability in Missouri, discusses the application of that law to a recent incident involving a young girl injured at a Kansas City waterpark, and analyzes the various applications of the law made by the Supreme Court of Missouri, the Missouri Court of Appeals, and the dissenting Supreme Court of Missouri judges. This Note concludes by discussing relevant public policy concerns.
Sustainable Constitutional Growth? The “Right To Farm” And Missouri’S Review Of Constitutional Amendments, Angela Kennedy
Sustainable Constitutional Growth? The “Right To Farm” And Missouri’S Review Of Constitutional Amendments, Angela Kennedy
Missouri Law Review
Part I discusses the historical background and enactment of the amendment. Next, Part II outlines the legal challenges available during the political constitutional amendment process, detailing what challenges were – or were not – made to the right-to-farm amendment during its enactment. Part III discusses how Missouri courts generally review legislatively-referred constitutional amendments and how they would likely review challenges brought under the right-to-farm amendment. Part IV discusses the adequacy of existing legal challenges to Missouri constitutional amendments – particularly on the front end – when these amendments are enacted via a single election. It also provides suggestions for the …
Missouri’S Svp Law: Time For A Change?, Sam Newman
Missouri’S Svp Law: Time For A Change?, Sam Newman
Saint Louis University Law Journal
No abstract provided.
The False Hope Of Missouri’S Amendment Nine And The Real Problems With Constitutional Protection Of Electronic Data And Communications From Government Intrusion, Joseph C. Welling
The False Hope Of Missouri’S Amendment Nine And The Real Problems With Constitutional Protection Of Electronic Data And Communications From Government Intrusion, Joseph C. Welling
Saint Louis University Law Journal
No abstract provided.