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Articles 31 - 60 of 87
Full-Text Articles in Law
Labor Contract And External Law: Revisiting The Arbitrator's Scope Of Authority, The, Stephen L. Hayford, Anthony V. Sinicropi
Labor Contract And External Law: Revisiting The Arbitrator's Scope Of Authority, The, Stephen L. Hayford, Anthony V. Sinicropi
Journal of Dispute Resolution
This article examines the impact of Misco and the attendant body of case law emerging from the U.S. circuit courts of appeals on the labor arbitration process. The ultimate goal of this study is to ascertain whether the public policy exception warrants a rethinking of traditional views of the relationship between collective bargaining agreements and external law, and the manner in which labor arbitrators should juxtapose the two in resolving contractual disputes. The Authors assert that it does.
Peer Mediation Programs: Teaching Students Alternatives To Violence, Brian Koy Harper
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
Monetary Damages Against States - Arbitrators Have Power To Award, But Federal Courts Cannot Enforce - Tennessee Department Of Human Services V. United States Department Of Education, R. Scott Reid
Journal of Dispute Resolution
Legislation is usually interpreted by examining statutory language and legislative history.2 However, the United States Supreme Court has considered strict guidelines for interpreting statutes that potentially interfere with Eleventh Amendment immunity rights.3 Application of these guidelines can lead to peculiar court decisions, an example of which is provided in Tennessee Department of Human Services v. United States Department of Education.4
Recent Developments: The Uniform Arbitration Act, Dan Coughlin, Laura Kintz, John Moore, Melissa Morrow
Recent Developments: The Uniform Arbitration Act, Dan Coughlin, Laura Kintz, John Moore, Melissa Morrow
Journal of Dispute Resolution
This annual Article2 has been prepared since 1983 as a survey of recent developments in the case law interpreting and analyzing various versions of the Uniform Arbitration Act (U.A.A.). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.N 4 The purpose of this analysis is to promote uniformity in interpreting the U.A.A. by explaining the underlying policies and rationales that have developed from recent court decisions.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Interview With David Shorr, Director, Missouri Department Of Natural Resources, An, Tony Farrell
Interview With David Shorr, Director, Missouri Department Of Natural Resources, An, Tony Farrell
Journal of Environmental and Sustainability Law
No abstract provided.
New Epa Rule Clarifies Lender Liability For Response Costs Under Cercla, But Is It Enough, Jon D. Perkins
New Epa Rule Clarifies Lender Liability For Response Costs Under Cercla, But Is It Enough, Jon D. Perkins
Journal of Environmental and Sustainability Law
No abstract provided.
Law And Fact Patterns In Common Law Water Pollution Cases, Peter N. Davis
Law And Fact Patterns In Common Law Water Pollution Cases, Peter N. Davis
Journal of Environmental and Sustainability Law
No abstract provided.
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 …
Checklist For Long-Term Care Coverage, David M. English
Checklist For Long-Term Care Coverage, David M. English
Faculty Publications
Insurance coverage for long-term care will play an increasingly important role in a society where people are living longer and longer. Long-term care insurance is widely available and fairly easy to obtain. But the types of coverages very widely. Although nearly all states have regulations governing minimum policy terms, the policies on the market offer very different services, levels of coverage, and conditions which must be met before benefits will be paid. The following checklist will help you to decide whether long-term care insurance makes sense for your client and to choose the right kind of policy.
Cumulative Subject Index For Volumes 55 - 57
Cumulative Subject Index For Volumes 55 - 57
Missouri Law Review
Cumulative Subject Index for Volumes 55 - 59
Volume 16, Issue 1 (Spring 1993)
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.
Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem
Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem
Faculty Publications
This article addresses the new reporting provision of the Civil Justice Reform Act. Part II analyzes the reporting requirement and the requirement's legislative history. Part III describes the implementation of the requirement by the federal judiciary, while Part IV discusses the initial reports filed pursuant to the provision and the media coverage of those reports. Part V next analyzes the wisdom of the reporting requirement, concluding that, on balance, the requirement may be helpful in furthering public accountability of an independent federal judiciary. Part VI then considers what the data now publicly reported under the Civil Justice Reform Act does, …
Mortgage Prepayment Clauses: An Economic And Legal Analysis, Dale A. Whitman
Mortgage Prepayment Clauses: An Economic And Legal Analysis, Dale A. Whitman
Faculty Publications
Most mortgages on income-producing real estate (as distinct from owner-occupied housing) contain clauses restricting early payment of the loan. These clauses are highly controversial, and borrowers often resist their enforcement. While other writers have discussed prepayment clauses in the recent legal literature, my objectives in this article are to advance this discussion in three respects: first, to provide an economic perspective on mortgage prepayment as support for a set of legal recommendations; second, to consider whether the bankruptcy of the mortgagor should affect enforceability of a prepayment fee clause; and third, to analyze the cumulative effect of the presence in …
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. …