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Articles 1 - 30 of 30
Full-Text Articles in Law
Continuing Saga Of The Home Office Deduction, The , J. Patrick Sullivan
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.
Prior Misconduct Evidence In Missouri, Bradley D. Kuhlman
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 …
Dimensions Of The Right To Vote: The Write-In Vote, Donald Duck, And Voting Booth Speech Written-Off, The , David Perney
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 …
Child Support Properly A Factor In Determining Best Interests Of Child In Voluntary Termination Of Parental Rights, Khristine Ann Heisinger
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 …
Warrantless Misdemeanor Arrests And The Fourth Amendment, William A. Schroeder
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
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
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 …
Corporate Tax Integration In The United States: A Review Of The Treasury's Integration Study, John Livingston
Corporate Tax Integration In The United States: A Review Of The Treasury's Integration Study, John Livingston
Missouri Law Review
Tax system integration is not a new concept, but it has recently received an increased amount of discussion in the tax community. As used in this article, tax integration describes the concept of unifying the corporate and individual tax systems in order to insure that corporate income is taxed only once. Congress and others in the tax community are again considering whether or not the United States should integrate these two tax systems. Whether to integrate is only the beginning of the debate. The determination of which detailed mechanism to be used to achieve integration is a significant decision with …
Sovereign Immunity And Public Entities In Missouri: Clarifying The Status Of Hybrid Entities, Mary S. Hack
Sovereign Immunity And Public Entities In Missouri: Clarifying The Status Of Hybrid Entities, Mary S. Hack
Missouri Law Review
In the last fifteen years, the doctrine of sovereign immunity' in Missouri has been abrogated, reestablished, amended and clarified. The recent Missouri Supreme Court decision of Stacy v. Truman Medical Center' falls within the last category. Stacy addressed the undefined term "public entity" as found in the Missouri sovereign immunity statute, particularly as it is applied to a "hybrid entity.". This Note will review the status of the sovereign immunity doctrine and will examine the impact of the Stacy decision.
Report Of The Missouri Task Force On Gender And Justice
Report Of The Missouri Task Force On Gender And Justice
Missouri Law Review
The Missouri Task Force on Gender and Justice was created by Resolution of the Executive Council of the Missouri Judicial Conference. Its members were appointed by the Chief Justice of the Missouri Supreme Court in February 1990. The Resolution charged the Task Force with studying "the organization, rules, methods of procedure, and practice of the judicial system of the State of Missouri to determine whether gender bias exists." The Task Force was instructed to issue "a report containing [its] findings and recommendations and provide a plan for the education of the bench, bar, and public with respect to its findings …
Cumulative Subject Index For Volumes 55 - 57
Cumulative Subject Index For Volumes 55 - 57
Missouri Law Review
Cumulative Subject Index for Volumes 55 - 59
Federal Pre-Emption Of State Railroad Tort Law: The Misuse Of The Federal Railroad Safety Act To Insulate Railroads From Liability, John Woodson Rogers
Federal Pre-Emption Of State Railroad Tort Law: The Misuse Of The Federal Railroad Safety Act To Insulate Railroads From Liability, John Woodson Rogers
Missouri Law Review
In Walker v. St. Louis-Southwestern Railway,' the Missouri Court of Appeals, Eastern District, faced the issue of whether the Federal Railroad Safety Act (FRSA)2 pre-empted state tort law. This was an issue of first impression in the Eastern District of Missouri The FRSA was enacted in 1970, but courts have only recently started considering its pre-emptive effect.
Antipsychotic Medication And The Criminal Defendant: Problems Persist Despite A Dose Of Due Process, Brian J. Doherty
Antipsychotic Medication And The Criminal Defendant: Problems Persist Despite A Dose Of Due Process, Brian J. Doherty
Missouri Law Review
Involuntary administration of antipsychotic drugs also raises difficult legal issues within the domain of criminal law. Because antipsychotic drugs affect thought processes, when psychiatrists acting on behalf of the state administer these drugs to a criminal defendant, the state is controlling that defendant's mind to some extent. In Riggins v. Nevada, the United States Supreme Court recognized constitutional protection against involuntarily treating pretrial detainees with antipsychotic drugs. This Note will analyze the Court's decision and discuss unresolved problems concerning the effects of antipsychotic medication on the criminally accused.
Removal, Remands, And Reforming Federal Appellate Review, Michael E. Solimine
Removal, Remands, And Reforming Federal Appellate Review, Michael E. Solimine
Missouri Law Review
That the Supreme Court of necessity largely leaves law development to the federal appellate courts, and state courts, is not particularly noteworthy. Such circumstances, however, make it important for students of federal jurisdiction not to be fixated on Supreme Court decisions, to the exclusion of lower court opinions. This article focuses on lower court interpretation of one statute circumscribing the jurisdiction of the federal appellate courts. Section 1447(d) of the Judicial Code states that an order of a district court remanding a case to a state court from which it was removed "is not reviewable on appeal or otherwise."' Despite …
Judicial Wandering Through A Legislative Maze: Application Of The Uniform Child Custody Jurisdiction Act And The Parental Kidnapping Prevention Act To Child Custody Determinations, Juliet A. Cox
Missouri Law Review
The area of child custody determinations has historically been plagued by the problem of conflicting decrees among alternate forums. Conflicting decrees disrupt the lives of countless children and subject children to unnecessary interstate struggles Child custody determinations are unique in that they intimately affect the lives of innocent children caught in the web of parental discord. Originally, state legislatures responded to this dilemma by adopting the Uniform Child Custody Jurisdiction Act (UCCJA) in an attempt to standardize and self-regulate jurisdiction over child custody determinations. Congress then promulgated the Parental Kidnapping Prevention Act (PKPA), a federal statute governing full faith and …
Civil Justice Reform In The Western District Of Missouri, Carl Tobias
Civil Justice Reform In The Western District Of Missouri, Carl Tobias
Missouri Law Review
Congress passed the Civil Justice Reform Act (CJRA) of 1990 out of growing concern about litigation abuse in federal civil lawsuits, increasing cost and delay in those cases, and declining federal court access.' The legislation commands every federal district court to promulgate a civil justice expense and delay reduction plan by December 1993. The statute also creates a demonstration program and designates the Northern District of California, the Northern District of West Virginia, and the Western District of Missouri as courts that are to "experiment with various methods of reducing cost and delay in civil litigation, including alternative dispute resolution.
Evolution Of The Federal Law Of Entrapment: A Need For A New Approach, The , J. Patrick Sullivan
Evolution Of The Federal Law Of Entrapment: A Need For A New Approach, The , J. Patrick Sullivan
Missouri Law Review
The entrapment defense has been used to provide a check on government investigation of criminal activity. Historically, there has been much disagreement about the proper basis of the entrapment defense and its applicability to particular situations. In Jacobson v. United State, the United States Supreme Court had occasion to examine the proper role of the entrapment defense in the federal courts. This Note will explain and critique the reasoning used by the Court in Jacobson, as well as that used by proponents of a competing theory of the defense, and recommend a more rational way to deal with government inducement.
Abandoning Copyrights To Try To Cut Off Termination Rights, Robert A. Kreiss
Abandoning Copyrights To Try To Cut Off Termination Rights, Robert A. Kreiss
Missouri Law Review
Can a copyright assignee cut off an author's termination rights by abandoning the copyrights in a copyrighted work? Can an assignee or grantee circumvent the termination rights by requiring the author to abandon her contingent reversionary rights, or by structuring the grant as a grant for a term of years and requiring the author to abandon the reversion? Because these may appear to be unlikely questions, some context should be added in order to make them seem more likely.
Will Junior's First Words Be "I'Ll See You In Court", Cynthia Ann Tolch
Will Junior's First Words Be "I'Ll See You In Court", Cynthia Ann Tolch
Missouri Law Review
The doctrine of parental immunity, in its original form, prevented children from suing their parents in tort.' Although the immunity once enjoyed almost universal acceptance, it has been the target of modem criticism. In Missouri, parental immunity only prevented minors from asserting causes of action based in negligence against their parents.' Over time, Missouri courts limited the application of parental immunity to actions by unemancipated minors which could jeopardize family relations. In Hartman v. Hartman, the Missouri Supreme Court wholly abolished parental immunity and adopted a "reasonable parent" standard of care.
Jury Fact-Finding In Criminal Cases: Constitutional Limits On Factual Disagreements Among Convicting Jurors, Scott W. Howe
Jury Fact-Finding In Criminal Cases: Constitutional Limits On Factual Disagreements Among Convicting Jurors, Scott W. Howe
Missouri Law Review
Criminal juries have an uncertain task. While we tout their constitutional role' in our justice system as the central fact finder, we are unsure about their fact-finding function. The uncertainty focuses on the level of factual specificity at which jurors must concur to convict a defendant. On one hand, we do not expect juries to reach a collective vision of past events in perfect detail. Jurors legitimately may find guilt though they disagree on the precise nature of the defendant's acts On the other hand, we do expect convicting juries to agree with some specificity on the conduct warranting liability. …
Maintenance In Gross: A Lack Of Statutory Authorization Is Finally Recognized, Becky Owenson Kilpatrick
Maintenance In Gross: A Lack Of Statutory Authorization Is Finally Recognized, Becky Owenson Kilpatrick
Missouri Law Review
When the Missouri Legislature passed the Divorce Reform Act in 1973 it was the first change in Missouri divorce law in ninety-five years. This Note will analyze the result reached in the instant decision as well as the practical implications the decision will have on numerous in gross awards being paid today. After outlining the statutory framework under which the court operated, this Note will briefly discuss the history of the application of in gross alimony awards and the divergent path that Missouri courts have taken, either terminating or sustaining the award upon the recipient spouse's remarriage. This Note will …
Some Realism About Chevron, Russell L. Weaver
Some Realism About Chevron, Russell L. Weaver
Missouri Law Review
Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.,' is widely regarded as a "landmark" administrative law decision. One commentator claimed that it produced "a revolution in administrative law" and is "one of the most important administrative law decisions in recent memory." A second commentator declared that it dominates "the law governing judicial acceptance of agencies' interpretations," while a third described it as "the leading case on the subject ... of deference to agencies on statutory issues."
Procedural Approach To The Problem Of The Right, A, Kathryn N. Benson
Procedural Approach To The Problem Of The Right, A, Kathryn N. Benson
Missouri Law Review
Modern society is characterized by heightened complexity in the degree of interdependence among its members. As societies advance, courts are increasingly called upon to strike an appropriate balance among the interests of individuals, society, and government. This Comment addresses certain problems of constitutional jurisprudence that arise when courts attempt to strike that balance. Several cases interpreting the Fourteenth Amendment will be discussed. They present useful illustrations of the nature of conflicts that arise among societal actors.'
Eighth Amendment, Prison Conditions And Social Context, The , Daniel Yves Hall
Eighth Amendment, Prison Conditions And Social Context, The , Daniel Yves Hall
Missouri Law Review
The Eighth Amendment pendulum swung back in 1991 when the Supreme Court in Wilson v. Seiter established a constitutional standard for such claims which, in all likelihood, will be virtually insurmountable.. This Note will first explore the Supreme Court's four major pre-Wilson rulings on the proper scope of the Eighth Amendment regarding claims of inhuman prison conditions. This review will show that these opinions, while containing a great deal of apparently applicable language, fail to specifically state whether a state of mind element is required for such claims. Second, this Note will describe the factual background of Wilson and the …
Enforceability Of Forum Selection Clauses: Missouri Finally Joins The Majority, The , Carrie A. Cunningham
Enforceability Of Forum Selection Clauses: Missouri Finally Joins The Majority, The , Carrie A. Cunningham
Missouri Law Review
When parties enter into contracts, they want their rights and duties to be as certain and predictable as possible. One way to achieve such predictability is to include a provision in a contract which stipulates that all disputes arising out of that contract will be resolved in a particular court, state, or country. Such a provision is known as a forum selection clause. In High Life Sales Co. v. Brown- Forman Corp., the Missouri Supreme Court followed this trend and made forum selection clauses prima facie enforceable. This Note will discuss how the High Life decision has resolved the confusion …