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Full-Text Articles in Law

Case Summaries Nov 1993

Case Summaries

Journal of Environmental and Sustainability Law

No abstract provided.


To Tell Or Not To Tell: Latent Environmental Defects And The Doctrine Of Caveat Emptor In Real Property Sales, Lisa J. Hamm Winnenauer Nov 1993

To Tell Or Not To Tell: Latent Environmental Defects And The Doctrine Of Caveat Emptor In Real Property Sales, Lisa J. Hamm Winnenauer

Journal of Environmental and Sustainability Law

No abstract provided.


Table Of Contents Nov 1993

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Osha - What's New At A Twenty-Something Agency: Workplace Environmental Hazards, Joanne Levy Nov 1993

Osha - What's New At A Twenty-Something Agency: Workplace Environmental Hazards, Joanne Levy

Journal of Environmental and Sustainability Law

No abstract provided.


Interview With Martha Steincamp, Regional Counsel, United States Environmental Protection Agency, Region Vii, An, Tom Ray Nov 1993

Interview With Martha Steincamp, Regional Counsel, United States Environmental Protection Agency, Region Vii, An, Tom Ray

Journal of Environmental and Sustainability Law

No abstract provided.


New Directions For The Missouri Attorney General's Office, Timothy P. Duggan Nov 1993

New Directions For The Missouri Attorney General's Office, Timothy P. Duggan

Journal of Environmental and Sustainability Law

No abstract provided.


Regulatory Takings - The Weak And The Strong, J. Patrick Sullivan Nov 1993

Regulatory Takings - The Weak And The Strong, J. Patrick Sullivan

Journal of Environmental and Sustainability Law

No abstract provided.


Agricultural Non-Point Source Pollution And Wetlands: A Sensible Approach, Anthony P. Farrell Nov 1993

Agricultural Non-Point Source Pollution And Wetlands: A Sensible Approach, Anthony P. Farrell

Journal of Environmental and Sustainability Law

No abstract provided.


Guilty For Having Done Nothing: Passive Past Owners Face Cercla Liability, Lisa A. Lee Nov 1993

Guilty For Having Done Nothing: Passive Past Owners Face Cercla Liability, Lisa A. Lee

Journal of Environmental and Sustainability Law

No abstract provided.


Cases To Watch And Missouri Legislative Summary, Tom Ray Nov 1993

Cases To Watch And Missouri Legislative Summary, Tom Ray

Journal of Environmental and Sustainability Law

No abstract provided.


Missouri Attorney General Enforcement Actions Nov 1993

Missouri Attorney General Enforcement Actions

Journal of Environmental and Sustainability Law

No abstract provided.


Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger Nov 1993

Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger

Missouri Law Review

Termination of parental rights is available only by statute. Missouri provides for voluntary termination of parental rights only if the parent whose rights are to be terminated has consented in writing to the termination and if the termination will be in the best interests of the child.' All Missouri statutory provisions concerning termination of parental rights are to be "construed so as to promote the best interests and welfare of the child." The factors to be considered in determining the "best interest of the child" are enumerated in the statute, but they are quite general. This Note focuses on the …


Prior Misconduct Evidence In Missouri, Bradley D. Kuhlman Nov 1993

Prior Misconduct Evidence In Missouri, Bradley D. Kuhlman

Missouri Law Review

Although the rules and exceptions regarding the admissibility of evidence of prior misconduct during criminal trials are well established, the theories and logic underlying the black letter law have apparently eroded to mere words. State v. Sladek' and State v. Bernard were two recent opportunities for the Missouri Supreme Court to examine the law of uncharged misconduct evidence. Unfortunately, the majority opinions in these cases did not address the central problems with this area of evidence but instead, they sidestepped the issues and created a new unprincipled exception The new exception, signature modus operandi/corroboration, ignores the central reason that prior …


Warrantless Misdemeanor Arrests And The Fourth Amendment, William A. Schroeder Nov 1993

Warrantless Misdemeanor Arrests And The Fourth Amendment, William A. Schroeder

Missouri Law Review

The United States Supreme Court has never decided whether any aspects of the common law ban on warrantless misdemeanor arrests are required by the Constitution.' In fact, very few courts have said anything significant about the relationship between the Fourth Amendment and the common law rule. This Article will examine the constitutional questions raised by the continuing expansion of the power to make warrantless arrests for misdemeanors.


Untenable, Unchristian, And Unconstitutional , Carl Tobias Nov 1993

Untenable, Unchristian, And Unconstitutional , Carl Tobias

Missouri Law Review

Clara J. McKenney donated her residence to the city of Petersburg, Virginia, in 1924 for use as a free library. She gave the building as a memorial to her husband, William Robertson McKenney, a well-respected lawyer who had practiced in Petersburg for many years. Clara McKenney's deed of transfer stipulated that the library was "to be maintained for both white and colored persons: all of the building ... including the first floor and all above that [was] to be for the exclusive use of white persons; and the basement of the building [was] to be kept and maintained for the …


Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff Nov 1993

Americans With Disabilities Act, Its Antecedents, And Its Impact On Law Enforcement Employment, The , Martin Schiff

Missouri Law Review

The American With Disabilities Act (ADA),' signed into law on July 26, 1990, is the most significant legislation ever enacted to prevent discrimination against disabled Americans. The scope of the legislation is sweeping, encompassing employment (Title I), public services by state and local governments including transportation (Title II), all public accommodations (Title III), and all telecommunications (Title IV). The law, in essence, recognizes the responsibility of the federal government to see to it that disabled Americans are fully integrated into all aspects of American life rather than being deemed unfit merely because of their disability. The purpose of this Article …


Dimensions Of The Right To Vote: The Write-In Vote, Donald Duck, And Voting Booth Speech Written-Off, The , David Perney Nov 1993

Dimensions Of The Right To Vote: The Write-In Vote, Donald Duck, And Voting Booth Speech Written-Off, The , David Perney

Missouri Law Review

In 1989, Judge Harrison L. Winter of the United States Court of Appeals for the Fourth Circuit announced that "under appropriate circumstances" a write-in vote for Donald Duck would be constitutionally protected as an exercise of a citizen's right to vote.' This pronouncement added to the growing but muddled field of jurisprudence concerning the right to vote. In Burdick v. Takushi, the United States Supreme Court eased back the broad parameters of the right to vote that the Fourth Circuit appeared to define. The goal of this Note is to outline the reasoning of the Burdick v. Takushi decision, to …


Continuing Saga Of The Home Office Deduction, The , J. Patrick Sullivan Nov 1993

Continuing Saga Of The Home Office Deduction, The , J. Patrick Sullivan

Missouri Law Review

The deductibility of expenditures associated with home offices is an issue of great concern to many taxpayers. In Commissionerv. Soliman, the Supreme Court was presented with the opportunity to add a degree of certainty to this area of tax law. This Note will examine the Court's decision in Soliman and conclude that the Court did not take advantage of the opportunity presented to it. This Note will also assess the relative merits of several tests used for determining the deductibility of home office expenses and recommend a test that would give this area of the law a degree of certainty.


Volume 16, Issue 2 (Fall 1993) Oct 1993

Volume 16, Issue 2 (Fall 1993)

Transcript

No abstract provided.


Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer Oct 1993

Proportional Liability: Statistical Evidence And The Probability Paradox, David A. Fischer

Faculty Publications

Three major policies underlie tort liability: deterrence, compensation, and corrective justice. A primary justification for proportional liability is its alleged superiority in advancing the tort policy of deterrence. This Article demonstrates a significant flaw in this claim by showing that the use of tort liability in multiple cause cases involving statistical evidence in fact serves the policy of deterrence quite poorly.


Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong Oct 1993

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong

Faculty Publications

For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope …


Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff Oct 1993

Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff

Faculty Publications

This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.


Of Hotel Revenues, Rents, And Formalism In The Bankruptcy Courts: Implications For Reforming Commercial Real Estate Finance, R. Wilson Freyermuth Oct 1993

Of Hotel Revenues, Rents, And Formalism In The Bankruptcy Courts: Implications For Reforming Commercial Real Estate Finance, R. Wilson Freyermuth

Faculty Publications

This article is intended to continue the dialogue begun by the proposed Restatement and has two distinct goals in this effort. Parts I through III argue that the position of the Restatement drafters is both legally and functionally sound and that bankruptcy courts should embrace and apply the proposed Restatement in administering distressed real estate developments. Part I reviews the reasoning articulated in the hotel bankruptcy cases, demonstrating how courts have applied the provisions of the Bankruptcy Code and state law in a formalistic manner to extinguish the hotel mortgagee's lien upon postpetition room revenues. Part II rejects the analysis …


The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem Oct 1993

The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem

Faculty Publications

This Article considers the role of the United States magistrate judge in civil justice reform and, more specifically, the role that the early implementation districts envision for magistrate judges within their own districts. Part I briefly considers the evolution of the office of magistrate judge prior to the enactment of the Judicial Improvements Act of 1990. Part II addresses the treatment of magistrate judges under that legislation. Next, Part III recounts the roles assigned to magistrate judges under the Civil Justice Reform Act in the individual district courts. These varying uses of magistrate judges then will be critiqued in Part …


Wrongful Discharge: Litigation Or Arbitration, Terry A. Bethel Jul 1993

Wrongful Discharge: Litigation Or Arbitration, Terry A. Bethel

Journal of Dispute Resolution

Throughout the country, courts are scrambling to fill the void left by the rapid disappearance of the employment-at-will doctrine. As recently as twenty years ago, most courts accepted without question the adage that employers were free to terminate employees for a good reason, a bad reason, or no reason at alL1 If motivated to explain this rule, the most frequent defense was that employees enjoyed comparable freedom. They, too, could abandon the relationship for whatever reason they desired.


Juvenile Diversion: An Alternative To Juvenile Court, S'Lee Arthur Hinshaw Ii Jul 1993

Juvenile Diversion: An Alternative To Juvenile Court, S'Lee Arthur Hinshaw Ii

Journal of Dispute Resolution

The first juvenile courts in this country were created to keep children from being tried and sentenced as adults in adult criminal courts and from being subjected to the rigors of formal, public adversarial proceedings.' The reformers who created juvenile courts hoped to handle all delinquents within the community itself on an informal basis and without the trappings of due process.2 Using the concept of parens patriae3 and developing it into the idea that the state had the power to act in place of parents of deviant or dependent children,4 the juvenile courts used informal, discretionary procedures to diagnose the …


Peer Mediation Programs: Teaching Students Alternatives To Violence, Brian Koy Harper Jul 1993

Peer Mediation Programs: Teaching Students Alternatives To Violence, Brian Koy Harper

Journal of Dispute Resolution

With the ever-rising occurrence of violence' within schools2 and the high level of both student apathy and dropout rates, many people are wondering what, if anything, can be done to stem the tidal wave that seems about to crash our nation's schools upon the rocks of failure. Increasing security measures in schools, such as metal detectors,3 armed police guards, and locker searches, may prevent the violence,4 but will probably not alleviate the underlying causes.5


Summary Jury Trial: A Summary Of Issues In Dispute Resolution - Day V. Nlo, Inc., The, T. Robert Cook Jul 1993

Summary Jury Trial: A Summary Of Issues In Dispute Resolution - Day V. Nlo, Inc., The, T. Robert Cook

Journal of Dispute Resolution

The summary jury trial has proven to be an effective tool in the fight against the explosion of litigation in federal courts.2 In the thirteen years since its inception,3 many issues involving the summary jury trial have been disputed. Day v. NLO, Inc.4 provides an excellent example of this area of law as it raises three such issues in dispute. The case law is divided over: 1) whether the federal courts have power to compel parties to participate in summary jury trial proceedings; 2) whether the courts have the power to compel certain representatives to attend such proceedings; and 3) …


Connecticut's Trail By Lawyer: Contract Disputes And The Attorney Fact-Finder - Beizer V. Goepfert, Craig R. Heidemann Jul 1993

Connecticut's Trail By Lawyer: Contract Disputes And The Attorney Fact-Finder - Beizer V. Goepfert, Craig R. Heidemann

Journal of Dispute Resolution

The rules of professional conduct in most states require attorneys to enter into written agreements with their clients when contracting on a contingent fee basis.2 In so doing, the parties define the existence and limits of their attorney-client relationship. In the present case, an attorney and his client agreed to a ten percent contingent fee; however, the lawyer transferred to a new firm prior to the conclusion of the case.4 Subsequently, the client signed a new, identical agreement provided by the attorney's new firm.5 In the contract, the attorney used the previously agreed-upon fee percentage instead of the standard office …


Labor Artibitration In Public Agencies: An Unconstitutional Delegation Of Power Or The Waking Of A Sleeping Giant - United Transportation Union V. Southern California Rapid Transit, Karen M. Speiser Jul 1993

Labor Artibitration In Public Agencies: An Unconstitutional Delegation Of Power Or The Waking Of A Sleeping Giant - United Transportation Union V. Southern California Rapid Transit, Karen M. Speiser

Journal of Dispute Resolution

The use of arbitration to resolve labor disputes has become an irreplaceable method of dispute resolution in private enterprises and corporations all over the United States. Arbitration's popularity has come about partially from a realization of the utility of arbitration and partially from government pressure through the enactment of federal statutes. However, the government itself has resisted the imposition of arbitration to resolve disputes between its agencies and their employees. This Note will address some of the issues involved in private arbitration of public agency labor disputes.