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Full-Text Articles in Law

Tax Policy Reform: Issues To Be Addressed To The Benefit Of All Missourians, Joel Walters Nov 2017

Tax Policy Reform: Issues To Be Addressed To The Benefit Of All Missourians, Joel Walters

The Business, Entrepreneurship & Tax Law Review

Tax policy impacts the everday decisions made by individuals, families, and businesses. Better tax policy can generate economic activity and lower the tax burden on individual taxpayers. Missouri Department of Revenue Director, Joel Walters, believes the current Missouri tax system can be changed in ways that would make it more simple, efficient, and fair. With this article, Director Walters seeks to engage Missourians in a dialogue about the strengths and weaknesses of the current tax policy environment in Missouri. The article comprhensively examines Missouri's tax system by discussing a wide variety of topics including corporate income tax, alternatives such as …


Revisiting The American Church-State Relationship: The Trinity Lutheran Church Case, Jack Van Der Slik Sep 2017

Revisiting The American Church-State Relationship: The Trinity Lutheran Church Case, Jack Van Der Slik

Pro Rege

No abstract provided.


Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer Apr 2017

Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer

Missouri Law Review

This Note argues that the current standard for substantial evidence is both confusing and inconsistent in Missouri case law. In the instant case, the standard for substantial evidence applied by the Missouri Court of Appeals, Southern District, involved weighing the credibility of the evidence when, according to the weight of authority in Missouri case law, the substantial evidence standard is a low one and does not include making determinations of credibility. Substantial evidence would be better defined as any evidence that is more than a mere scintilla that puts a matter in issue


It’S Probable: Missouri Constitution Article I, Section 15 Requires A Higher Standard To Obtain A Warrant For Real-Time Or Prospective Csli, Aaron Hadlow Apr 2017

It’S Probable: Missouri Constitution Article I, Section 15 Requires A Higher Standard To Obtain A Warrant For Real-Time Or Prospective Csli, Aaron Hadlow

Missouri Law Review

The scope of this Note primarily deals with issues surrounding real-time CSLI, although the issues implicated by article I, section 15 of the Missouri Constitution could apply to historic CSLI as well. Part II of this Note discusses general principles of Fourth Amendment law and the Supreme Court’s treatment of searches and seizures in relation to electronic communications and data. It then discusses the statutory developments empowering law enforcement to use emerging technologies for surveillance purposes. Part III discusses recent developments in search and seizure law. It then discusses Missouri’s recent amendment to its constitution, which provides additional protections for …


Slaves As Plaintiffs, Alfred L. Brophy Apr 2017

Slaves As Plaintiffs, Alfred L. Brophy

Michigan Law Review

Review of Redemption Songs: Suing for Freedom Before Dred Scott by Lea VanderVelde.


Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan Mar 2017

Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan

William & Mary Law Review

This Article investigates the relationship between the decisions by lawmakers to use municipal and criminal systems to generate revenue and the lack of access to individual defense representation by using the Ferguson, Missouri, municipal court as a case study. The Article chronicles the myriad constitutional rights that were violated on a systemic basis in Ferguson’s municipal court and how those violations made the city’s reliance on the court for revenue generation possible. The Article also documents how the introduction of individual defense representation, even on a piecemeal basis, played a role in altering Ferguson’s system of governance. Using this case …


Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle Jan 2017

Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle

Missouri Law Review

This Note traces the facts and holding of the case In re Krigel, before delving into the ABA’s influential role in legal ethics. Next, it outlines Missouri’s attorney discipline procedures and analyzes pertinent Missouri case law. Lastly, this Note critiques the majority opinion and argues that Krigel should have been disbarred


“A Verdict Worthy Of Confidence”: The Weakening Of Brady’S “Materiality” Requirement In Missouri, Robert Wasserman Jan 2017

“A Verdict Worthy Of Confidence”: The Weakening Of Brady’S “Materiality” Requirement In Missouri, Robert Wasserman

Missouri Law Review

In 1993, Reginald Clemons was convicted and sentenced to death for his alleged participation in the brutal rapes and murders of two sisters at the Chain of Rocks Bridge in St. Louis, Missouri. Over twenty years later, and after several unsuccessful appeals by Clemons, the Supreme Court of Missouri vacated his convictions. The court found that the prosecution had failed to disclose evidence to Clemons’s trial counsel that suggested that he may have given his confession involuntarily. The court concluded that this evidence was sufficiently important that the prosecution’s failure to disclose it undermined confidence in the trial court’s verdict


Strange Justice For Victims Of The Missouri Public Defender Funding Crisis: Punishing The Innocent, Sean D. O'Brien Jan 2017

Strange Justice For Victims Of The Missouri Public Defender Funding Crisis: Punishing The Innocent, Sean D. O'Brien

Saint Louis University Law Journal

No abstract provided.


Instilling Hope: Suggested Legislative Reform For Missouri Regarding Juvenile Sentencing Pursuant To Supreme Court Decisions In Miller And Montgomery, Brooke Wheelwright Jan 2017

Instilling Hope: Suggested Legislative Reform For Missouri Regarding Juvenile Sentencing Pursuant To Supreme Court Decisions In Miller And Montgomery, Brooke Wheelwright

Missouri Law Review

Missouri recently passed Senate Bill 590 (“SB 590”) in response to these decisions. However, inadequate time, research, and consideration were given to the passage of SB 590, in part because it was rushed through the legislature near the end of the legislative session. As a result, the bill has many shortcomings that must be fixed; this is the primary focus of this Note. Part II of this Note examines the necessary context and background of a handful of Supreme Court decisions pertaining to this issue. Part III discusses the language and likely impact of SB 590. Part III analyzes the …