Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (28)
- Environmental Law (25)
- Legal Education (5)
- Estates and Trusts (3)
- Health Law and Policy (3)
-
- Insurance Law (3)
- Legislation (3)
- Constitutional Law (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Entertainment, Arts, and Sports Law (2)
- Family Law (2)
- First Amendment (2)
- Labor and Employment Law (2)
- Legal Ethics and Professional Responsibility (2)
- Legal Profession (2)
- Litigation (2)
- Religion Law (2)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Civil Rights and Discrimination (1)
- Consumer Protection Law (1)
- Courts (1)
- Elder Law (1)
- Evidence (1)
- Food and Drug Law (1)
- Housing Law (1)
- Human Rights Law (1)
- International Law (1)
- Keyword
-
- UTC (9)
- Mediation (7)
- ADR (3)
- Arbitration (3)
- Medical (3)
-
- Missouri law (3)
- Negotiation (3)
- Uniform trust code (3)
- Arbitration act (2)
- Arbitration agreements (2)
- Constitution (2)
- Discrimination (2)
- Dispute resolution (2)
- FAA (2)
- First amendment (2)
- Good faith (2)
- Insurance (2)
- Labor (2)
- Law school history (2)
- Litigation (2)
- Major league baseball (2)
- Malpractice (2)
- Malpractice insurance (2)
- Missouri law school (2)
- Missouri school of law (2)
- Missouri trust law (2)
- Mizzou (2)
- Mizzou law (2)
- Mizzou law school (2)
- Mizzou school of law (2)
- Publication
- Publication Type
Articles 1 - 30 of 125
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
What Actions Cause One To Be A Generator In Order To Be Exempted From The Resource Conservation And Recovery Act? United States V. Sims Bros. Constr., Inc. , Leecia D. Carnes
What Actions Cause One To Be A Generator In Order To Be Exempted From The Resource Conservation And Recovery Act? United States V. Sims Bros. Constr., Inc. , Leecia D. Carnes
Journal of Environmental and Sustainability Law
No abstract provided.
The Effect Of Deminimis Polluting In The Sixth Circuit. Kalamazoo River Study Group V. Rockwell Intl. Corp. , Gary A. Troxell
The Effect Of Deminimis Polluting In The Sixth Circuit. Kalamazoo River Study Group V. Rockwell Intl. Corp. , Gary A. Troxell
Journal of Environmental and Sustainability Law
No abstract provided.
Should Missouri Farmers Of Genetically Modified Crops Be Held Liable For Genetic Drift And Cross-Pollination?, Stephen M. Scanlon
Should Missouri Farmers Of Genetically Modified Crops Be Held Liable For Genetic Drift And Cross-Pollination?, Stephen M. Scanlon
Journal of Environmental and Sustainability Law
No abstract provided.
A Clear Statement Of Recovery: Applying The Ncta Doctrine In The Determination Of Whether Oversight Costs Are Recoverable Under Cercla. U.S. V. Dico , Jason L. Cordes
A Clear Statement Of Recovery: Applying The Ncta Doctrine In The Determination Of Whether Oversight Costs Are Recoverable Under Cercla. U.S. V. Dico , Jason L. Cordes
Journal of Environmental and Sustainability Law
No abstract provided.
Interpreting The Criminal Sentencing Provisions Of The Clean Water Act: Lessening The Government's Burden Of Proof At The Cost Of Constitutional Rights. U.S. V. Chemetco., Inc. , David A. Brose
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental News
Journal of Environmental and Sustainability Law
No abstract provided.
Legislative Update
Journal of Environmental and Sustainability Law
No abstract provided.
Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers
Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers
Missouri Law Review
Appraisal statutes are available to provide fair compensation to minority shareholders of corporations who are squeezed out against their will. Missouri Revised Statutes Section 351.455. the Missouri statute that provides for appraisal rights in the event of a merger or consolidation, requires corporations to pay dissenting minority shareholders “fair value” for their shares. The Missouri appraisal statute does not define “fair value,” nor does it provide a mathematical formula for determining the value of dissenters’ shares. Rather, Missouri case law has established that courts are to consider all relevant facts and circumstances to determine the value of a dissenter’s shares. …
Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker
Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker
Missouri Law Review
This Law Summary begins with a brief overview of the clinical treatment of sexual predators. The clinical background section enhances the discussion of legislation and jurisprudence because the adjudication of an individual as a sexually violent predator, in many states, involves testimony form medical experts and findings as to the individual’s ability to control his behavior, and, consequently, the likelihood that he will re-offend if he is released. This Law Summary then describes the legislative and judicial responses to sexual predators as well as the United States Supreme Court’s interpretation of sexually violent predator statutes and its declaration of their …
Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii
Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii
Missouri Law Review
This Article discusses the court’s misuse of the similarly situated concept. Part II is a short summary of the employment discrimination law, concentrating on the system developed by the Supreme Court for indirectly proving an individual disparate treatment case. Under the Supreme Court’s methodology, one way that a plaintiff may prove a prima facie case is to point to a similarly situated employee who the employer treated differently. Some courts, however, require a similarly situated showing as an element of plaintiff’s prima facie case. Part III discusses the problems with such a requirement. Part III.A briefly surveys the caselaw form …
Picture Worth Ten Thousand Words: Non-Audio Surveillance Videotapes Now Statements Under Section 287.215 Of Missouri's Workers' Compensation Law, The, Jason C. Rahoy
Missouri Law Review
When Michael Fisher filed his workers’ compensation claim, he was unaware that his employer, Waste Management of Missouri, had been secretly videotaping his physical activities. Not surprisingly, the submission of the surveillance videotapes at Fisher’s compensation hearing significantly contributed to the reduction of his disability ruling. The admission of these surveillance videotapes is, subsequently, the focus of this Note. Specifically, this Note will examine the meaning of a “statement” under Missouri’s workers’ compensation law and the process through which an employee can obtain such statement prior to a compensation hearing.
Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner
Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner
Missouri Law Review
This Note examines the broadened application of Missouri’s workers’ compensation statute under Smith v. District II A & B, in which the Missouri Court of Appeals awarded workers’ compensation benefits to a worker injured when he drove from a work function while intoxicated. By awarding workers’ compensation benefits to cover illegal conduct such as illegally driving while intoxicated, Missouri courts are violating legislative intent, violating the historical purpose of workers’ compensation, and potentially hurting the society the legislature sought to unburden when it created a compensation scheme for injured workers.
Proposal To Reform The Like Kind And Involuntary Conversion Rules In Light Of Fundamental Tax Policies: A Simpler, More Rational And More Unified Approach, Fred B. Brown
Missouri Law Review
This Article seeks to improve the like kind and involuntary conversion rules, that is, make the provisions more rational and less complex, by analyzing them in light of the fundamental tax policies of efficiency, equity, and administrability. A review of these rules under efficiency and equity principles arguably will lead to a more rational scheme for providing nonrecognition treatment to voluntary and involuntary dispositions given the recognized importance of these policies in structuring the federal income tax system. Further, a careful consideration of tax administration concerns should serve to simplify the application of these nonrecognition provisions. Part II of this …
Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas
Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas
Missouri Law Review
This Article focuses on the legal impacts of immigration at the state level. The pros and cons are primarily considered and debated at the federal level, however, because immigration has been mainly a prerogative of the federal government. States have not had much of an impact on immigration policy. Nevertheless, the repercussions of inconsistent choices have fallen on the states. Missouri and many other states are now home to Latinos and other immigrants because they have found in the Midwest their version on the American dream: a job, upward mobility, and security. Many are providing essential labor to key industries, …
Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger
Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger
Missouri Law Review
This Article argues that Department of Labor regulations should continue to require employers to make a pre-leave designation of whether FMLA leave will run concurrently with, or consecutive to, the employer’s leave and give notice to their employees, but that the penalty for an employer’s noncompliance should be modified to comply with the Supreme Court’s decision in Ragsdale v. Wolverine World Wide, Inc. These conflicting positions are evaluated by analyzing the rationales behind the dicisions to impose or not to impose employer notice requirements. This Article argues that the courts should require employers to notify employees whether employer-provided leave runs …
Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble
Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble
Missouri Law Review
The federal courts have often been faced with the “recurring and inherent conflict” between the Limitation of Liability Act and the saving to suitors clause. The Limitation of Liability Act allows a shipowner to absolutely limit its liability, for collisions and other losses which take place without the owner’s privity or knowledge, to the value of the ship and its freight then pending. The Act also provides for exclusive federal admiralty jurisdiction to determine whether an owner is entitled to limitation of its liability. The saving to suitors clause, on the other hand, which is included in the statutory grant …
Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong
Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong
Faculty Publications
As volume four of Current Legal Issues demonstrates, commentary on the interplay between law and religion in the UK is growing, although the subject still attracts nowhere near the level of attention it does in other countries. The newest addition to the literature constitutes a welcome advance to lawyers working or interested in the field. For example, many existing collections of essays on law and religion focus primarily on sociological issues. This compilation, on the other hand, contains many essays that stress truly legal dilemmas, although sociological, philosophical and other approaches to the question are still well represented among the …
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Faculty Publications
Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices …
U.S. News U.: Or, The Fighting Volunteer Hurricanes, R. Lawrence Dessem
U.S. News U.: Or, The Fighting Volunteer Hurricanes, R. Lawrence Dessem
Faculty Publications
A great deal of controversy, catcalling, and consternation has greeted the rankings of law schools by U.S. News and World Report each spring. In their efforts to place higher in these rankings, law schools have engaged in massive public relations wars, misrepresented data, and done other bad and stupid things.
Unwarranted Variations In The Quality Of Health Care: Can The Law Help Medicine Provide A Remedy/Remedies?, Philip G. Peters Jr., John E. Wennberg M.D.
Unwarranted Variations In The Quality Of Health Care: Can The Law Help Medicine Provide A Remedy/Remedies?, Philip G. Peters Jr., John E. Wennberg M.D.
Faculty Publications
This article reviews the essential findings of studies of variations in quality of care according to three categories of care: effective care, preference-sensitive care, and supply-sensitive care. It argues that malpractice liability and informed consent laws should be based on standards of practice that are appropriate to each category of care. In the case of effective care, the legal standard should be that virtually all of those in need should receive the treatment, whether or not it is currently customary to provide it. In the case of preference-sensitive care, the law should recognize the failure of the doctrine of informed …
Hate Speech In The Constitutional Law Of The United States, William B. Fisch
Hate Speech In The Constitutional Law Of The United States, William B. Fisch
Faculty Publications
Our general reporter, Professor Pizzorusso, has given us “incitement to hatred” - primarily against a group of persons defined in terms of race, ethnicity, national origin, gender, religion, sexual orientation, and the like--as the working definition of “hate speech”, and asks to what extent such speech is constitutionally protected in the reporting countries. The United States of America are known at least in recent times for providing exceptionally broad protection for otherwise objectionable speech and expression, and hate speech is understood to be one of the areas in which they have positioned themselves further out on the speech-protective end of …
Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz
Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz
Faculty Publications
At the outset of the book, Steven Bennett expresses "fervent hope that this book will be of use to lawyers, law students and business people interested in learning the fundamentals of arbitration law." The book therefore focuses on fundamental, or basic, arbitration concepts and norms. It does not purport to provide in-depth discussion and analysis of arbitration law, but instead serves as a shelf reference or primer that promises to achieve Bennett's goal.
Volume 26, Issue 2 (Fall 2002)
Unsolicited Advice To Law School Dean Search Committees, R. Lawrence Dessem
Unsolicited Advice To Law School Dean Search Committees, R. Lawrence Dessem
Faculty Publications
A true bounty of opinion, anecdotes, and advice has been offered by many outstanding deans in these symposia in recent years. By and large, these deans have focused on the art of deaning, which is to be expected. But in addition to their experiences and observations concerning deaning, law school deans are also uniquely situated to provide insights concerning a related topic: the dean search process. This I take as the subject of the current article. As these symposia contemplate, the present article is informal in tone and is based upon my own experiences both as a law school dean …
Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper
Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper
Faculty Publications
In his first public comments on the issue, U.S. Attorney General John Ashcroft signaled his support for the Justice Department's longstanding commitment to the use of alternative dispute resolution options.
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Journal of Dispute Resolution
The purpose of this Comment is to define the scope and advantages of using both the UDRP and the ACPA. In the same regard, this Comment looks at the limitations of the UDRP and the ACPA and the problems which have arisen in the arbitrations and cases that have come under both.
Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing
Journal of Dispute Resolution
Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii
Faculty Publications
More than a quarter-century has passed since I entered law school as a first-year student and began what has become a career of reading, among other things, cases. I cannot even guess the number of cases I have read in the ensuing years. Most of them have been fairly ordinary, but many have been wonderful for one reason or another. Because I hope to read at least as many cases during my next twenty-five years (or more) of legal study, I am not yet ready to crown any particular case with the title of "my favorite," "the most significant," or …
Towards A National Putative Father Registry Database, Mary M. Beck
Towards A National Putative Father Registry Database, Mary M. Beck
Faculty Publications
This Article analyzes putative father registries and proposes federal legislation to create a national database that will enhance and connect the state and local registries. Issues and events leading to the development of registries are reviewed in Part I. Putative father registry mechanics and applicable case law are analyzed in Parts II and III.