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Articles 31 - 60 of 109
Full-Text Articles in Law
Regulating Expert Testimony, Douglas R. Richmond
Regulating Expert Testimony, Douglas R. Richmond
Missouri Law Review
No abstract provided.
Misappropriation Theory As A Permissible Basis Of Section 10(B) Liability, The, Heather L. Reinsch
Misappropriation Theory As A Permissible Basis Of Section 10(B) Liability, The, Heather L. Reinsch
Missouri Law Review
Whether the misappropriation theory is a permissible basis for liability under section 10(b) of the Securities Exchange Act is an issue that has split the U.S. Courts of Appeals. The issue turns on the statutory interpretation of section 10(b) and Rule 10b-5, as well as policy considerations. The Supreme Court finally settled the issue in United States v. O'Hagan, when it reversed the Eighth Circuit and permitted the United States government to base section 10(b) liability on the misappropriation theory. The effect of the Court's decision is to make a person liable under section 10(b) if he received material and …
The Insider Story, Richard C. Reuben
The Insider Story, Richard C. Reuben
Faculty Publications
The central issue in United States v. O'Hagan, No. 96-842, is the validity of the so-called "misappropriation theory" of insider trader liability under Section 10(b) of the Securities and Exchange Act of 1934. 15 US.C. 78(j)(b). The justices heard oral arguments in April. If the theory propounded by federal regulators is endorsed by the Court, it would expand insider trader liability under U.S. law.
Serving This Time: Examining The Federal Sentencing Guidelines After A Decade Of Experience, Deanell Reece Tacha
Serving This Time: Examining The Federal Sentencing Guidelines After A Decade Of Experience, Deanell Reece Tacha
Missouri Law Review
No abstract provided.
Bankrupt Tithers, The Eight Circuit & The Supreme Court: Still Praying For Rfra Relief From Bankruptcy Law, Rachel A. Wilson
Bankrupt Tithers, The Eight Circuit & The Supreme Court: Still Praying For Rfra Relief From Bankruptcy Law, Rachel A. Wilson
Missouri Law Review
The enactment of the Religious Freedom Restoration Act (RFRA) is one of the most important and controversial congressional acts since Congress drafted the Free Exercise Clause. RFRA greatly increases the likelihood that a free exercise of religion claim will succeed by restoring the compelling governmental interest test. Prior to RFRA, the Supreme Court abandoned this test in Employment Division v. Smith Due to the pressure President Clinton brought to bear on the Justice Department in the instant case, it withdrew its brief, which denied that RFRA applied to this bankruptcy case. Without the Justice Department's input, the Eighth Circuit applied …
Don't Be Shocked If Missouri Applies Strict Products Liability To Electricity, But Should It, Christopher J. Petri
Don't Be Shocked If Missouri Applies Strict Products Liability To Electricity, But Should It, Christopher J. Petri
Missouri Law Review
No abstract provided.
The Court Logs On, Richard C. Reuben
The Court Logs On, Richard C. Reuben
Faculty Publications
The U.S. Supreme Court is expected to issue a landmark decision soon on the ability of government to slow down X-rated traffic on the information superhighway. At issue in Reno v. American Civil Liberties Union, No. 96-511, argued March 19, is the constitutionality of the Communications Decency Act of 1996, 47 U.S.C. § 223, a major effort by Congress to restrict minors' access to the pornography that is readily available on the Internet. Legal experts say the decision could set an important benchmark for future rulings affecting the electronic communications network that may reach some 200 million users before the …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Real Results For The Real World: Steve Mahfood Brings His Experience And Philosophy To The Missouri Department Of Natural Resources , Andrea Mazza
Real Results For The Real World: Steve Mahfood Brings His Experience And Philosophy To The Missouri Department Of Natural Resources , Andrea Mazza
Journal of Environmental and Sustainability Law
No abstract provided.
Can Townships Really Smell?: Coping With The Malodorous Problems Of Hog Farms In Rural Missouri. Premium Standard Farms, Inc. V. Lincoln Township Of Putnam County, Benjamin A. Joplin
Can Townships Really Smell?: Coping With The Malodorous Problems Of Hog Farms In Rural Missouri. Premium Standard Farms, Inc. V. Lincoln Township Of Putnam County, Benjamin A. Joplin
Journal of Environmental and Sustainability Law
No abstract provided.
Citizen Suits Under The Endangered Species Act: The United States Supreme Court Expands The Zone Of Interests Test. Bennett V. Spear , Stacy Nagel
Journal of Environmental and Sustainability Law
No abstract provided.
Balancing Local Concerns With Cercla Policies: The Importance Of Perspective In Considering The Application Of Federal Mandate. State Of Missouri V. Independent Petrochemical Corporation , Eric Walter
Journal of Environmental and Sustainability Law
No abstract provided.
Unconstitutionality Of The Missouri Legislative Veto: An Environmental Group's Effect On The Constitutional Landscape. Missouri Coalition For The Environment V. Joint Committee On Administrative Rules, Stephen Davis
Journal of Environmental and Sustainability Law
No abstract provided.
Missouri Attorney General Enforcement Actions
Missouri Attorney General Enforcement Actions
Journal of Environmental and Sustainability Law
No abstract provided.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
When Physicians Balk At Futile Care: Implications Of The Disability Rights Laws, Philip G. Peters Jr.
Faculty Publications
Part I of this article reviews the factual background of the futility debate. Part II introduces the antidiscrimination laws. Thereafter, Parts III, IV, and V examine the three components of the proposal suggested above.
One Step Forward, Two Steps Back: The Recognized But Undefined Federal Psychotherapist-Patient Privilege, M. Brett Fulkerson
One Step Forward, Two Steps Back: The Recognized But Undefined Federal Psychotherapist-Patient Privilege, M. Brett Fulkerson
Missouri Law Review
Instead of demanding every man's evidence, as is the general presumption, courts recognize the need for some evidence to remain private. Federal Rule of Evidence 501 governs federal evidentiary privileges without defining or identifying specific privileges. As a result, courts have developed privileges on a case-by-case basis, including the recognition of a psychotherapist-patient privilege. As different circuits pass judgment on the psychotherapist-patient privilege, conflict inevitably arises. Some circuits simply reject the privilege, while others recognize the privilege but apply it differently. The recognition of the psychotherapist-patient privilege was the necessary first step, but leaving the privilege undefined encourages litigation and …
Attorney's Thoughts Remain Inviolate: The Missouri Supreme Court Protects Intangible Work Porduct, An, Kristen Scott Beerly
Attorney's Thoughts Remain Inviolate: The Missouri Supreme Court Protects Intangible Work Porduct, An, Kristen Scott Beerly
Missouri Law Review
The work product rule provides that the tangible and intangible results of an attorney's trial preparation are protected from discovery. This protection extends to the thoughts, mental impressions and opinions of an attorney, as well as to trial preparation materials However, Missouri Rule of Civil Procedure 56.01(b)(4), which sets out the work product rule, refers only to "documents and tangible things" prepared in anticipation of litigation. In 1993, two Missouri appellate courts considered whether intangible work product is protected in Missouri and reached opposite conclusions. In State ex rel. Atchison, Topeka, Santa Fe R.R. Co. v. O'Malley, the Missouri Supreme …
Constitutionality Of Power Of Sale Foreclosures By Federal Government Entities, The, Daniel E. Blegen
Constitutionality Of Power Of Sale Foreclosures By Federal Government Entities, The, Daniel E. Blegen
Missouri Law Review
When loaning money, lenders often require that obligations be secured by a mortgage on real estate owned by the borrowers. In Missouri, the prevailing form of mortgage is the deed of trust with a power of sale provision. Upon default the trustee is allowed to sell the property without a judicial hearing and after giving only limited notice.' The constitutionality of nonjudicial power of sale foreclosures is well settled as applied to private lenders because of the lack of state or federal notice requirements for the particular county, and the mortgagor's only recourse is to pay the entire amount due …
A Form Letter To The Dean, R. Lawrence Dessem
A Form Letter To The Dean, R. Lawrence Dessem
Faculty Publications
Even though modern word processing and electronic mail greatly facilitate communication, one still must compose the basic letter, memorandum, or electronic message. In an effort to cut down on the time and intellectual intensity of this endeavor, I offer the following suggested form letter to the dean. This format may be used within basic word processing packages or for creating e-mail messages. All you need do is choose the most appropriate insertions for your basic message, and the message will be electronically created.
Volume 20, Issue 1 (Spring 1997)
Volume 20, Issue 2 (Fall/Winter 1997)
New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner
New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner
Missouri Law Review
Between 1917 and 1923 over 800 women worked for the United States Radium Corporation ("USRC") in Orange, New Jersey handpainting wrist-watch faces with a substance made luminescent by radioactive materials. While these workers were exposed to injurious, even mortal, levels of radiation, less than a dozen received any compensation for their injuries. These features compounded the workers' legal problems once they entered the formal legal system by dramatically complicating attempts to prove causation, by raising the specter of the statute of limitations defense, and by playing a major role in the settlement negotiation process. As a consequence, even when some …
Missouri Non-Partisan Court Plan: A Dinosaur On The Edge Of Extinction Or A Survivor In A Changing Socio-Legal Environment, The, Jay A. Daugherty
Missouri Non-Partisan Court Plan: A Dinosaur On The Edge Of Extinction Or A Survivor In A Changing Socio-Legal Environment, The, Jay A. Daugherty
Missouri Law Review
Surveys have shown that as America's distrust of the political system increases, so does its unfavorable perception of the judiciary. This article focuses on the challenges to the merit selection of judges. It will provide a historical overview of the Missouri Non-Partisan Court Plan ("the Plan") and its expansion across the country. The article will explore the positive and negative aspects of the Plan and examine traditional criticisms levied against it. Declining voter confidence in merit system states will be discussed, and the article will analyze and report on declining retention percentages in Missouri and their implications on the Plan. …
Is Strict Product Liability In Tort Identical To Implied Warranty In Contract In The Context Of Personal Injuries, Sean M. Flower
Is Strict Product Liability In Tort Identical To Implied Warranty In Contract In The Context Of Personal Injuries, Sean M. Flower
Missouri Law Review
Product liability has evolved from a combination of contract and tort theories. Under current contract analysis a manufacturer is liable for injuries resulting from a product which is "unmerchantable," while under strict liability in tort a manufacturer is liable for injuries resulting from a product which is "defective.” The majority of legal scholars and jurisdictions have found that in the area of personal injury these two underlying tests are synonymous. This means, in effect, that all products found unmerchantable should also be found defective, and vice versa.
Structural Change And Inter-Professional Competitive Advantage: An Example Drawn From Residential Real Estate Conveyancing, Michael Braunstein
Structural Change And Inter-Professional Competitive Advantage: An Example Drawn From Residential Real Estate Conveyancing, Michael Braunstein
Missouri Law Review
This article examines the role of attorneys and other professionals in a highly structured and routine transaction-residential real estate conveyancing. The article explains how United States lawyers lost the monopoly they once enjoyed over residential real estate conveyancing and how structural change, whether economic, technological, or both, influences the demand for professional, including legal services. Part II of this article reviews the academic literature concerning the role of the lawyer in residential real estate transactions. Part III analyzes the structural changes that resulted in the marginalization of lawyers in the residential transaction and demonstrates how the change in structure of …
Plain English Or Plain Confusing, Dylan Lager Murray
Plain English Or Plain Confusing, Dylan Lager Murray
Missouri Law Review
A "presumption of perfection" attaches to the pattern instructions that Missouri judges read to jurors in every civil case.' Missouri law presumes that these instructions, as set forth in Missouri Approved Jury Instructions("MAI") Fifth Edition, are not only infallible statements of the law, but also perfectly comprehensible to the average juror. Even if jurors in a given case complain that they do not understand a particular pattern instruction, the trial judge is without recourse, required to leave these instructions undisturbed even if a more understandable improvement might result. In contrast to the emphasis in many states upon legal accuracy,' as …
Blowing The Whistle Louder, Richard C. Reuben
Blowing The Whistle Louder, Richard C. Reuben
Faculty Publications
Amid the continuing national debate over deficit reduction, a case before the U.S. Supreme Court has multibillion-dollar ramifications in fraud recoveries for the federal government. At issue in Hughes Aircraft Co. v. United States ex rel. Schumer, No. 95-1340, is the reach of the U.S. False Claims Act, 31 U.S.C. § 3729, et seq., which permits private parties to bring whistleblower lawsuits - also called "qui tam" actions - against companies that allegedly are defrauding the government. But they can only bring such actions if the information they present about alleged fraud has not already been "publicly disclosed." The lower …