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Articles 1 - 30 of 39
Full-Text Articles in Law
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 …
And The Winner Is ... Trial Lawyers: When Does An Accommodation Under Title Ii Of The Ada Represent A Fundamental Alteration Of Competitive Sports, James B. York
Missouri Law Review
Prior to the United State Supreme Court’s decision in PGA Tour, Inc. v. Martin, fans could rest comfortably knowing that their games would stay true to the traditions they hold dear. After the decision, however, it appears that no rule, no matter how well established, is safe from a judicial determination that the rule is not fundamental and, thus, may be altered to accommodate individuals with disabilities. In PGA Tour, the Supreme Court forever changed when a proposed modification in competitive sports will be denied based on the fundamental alteration defense under Title III of the Americans with Disabilities Act. …
Three Strikes & You're Out: The Supreme Court's Reaffirmation Of The Scope Of Judicial Review Of Arbitrators' Decisions, Bryan M. Kaemmerer
Three Strikes & You're Out: The Supreme Court's Reaffirmation Of The Scope Of Judicial Review Of Arbitrators' Decisions, Bryan M. Kaemmerer
Missouri Law Review
In Major League Baseball Players Association v. Garvey, the United States Supreme Court affirmed an arbitrator’s decision to deny a former major league baseball player recovery from a settlement fund established to compensate players who were damaged by collusion amongst team owners in the market for free agent baseball players. In so doing, the Supreme Court reversed the United States Court of Appeals for the Ninth Circuit and reaffirmed the principle the Court announced in United Steelworkers v. Enterprise Wheel & Car Corp., that judicial review of an arbitrator’s decision in the labor context is extremely limited. The Supreme Court’s …
Are All Contracts Of Employment Exempt From The Provisions Of The Federal Arbitration Act - The Supreme Court Settles The Matter, B. Matthew Struble
Are All Contracts Of Employment Exempt From The Provisions Of The Federal Arbitration Act - The Supreme Court Settles The Matter, B. Matthew Struble
Missouri Law Review
Congress enacted the Federal Arbitration Act (“FAA”) in 1925 to reverse the longstanding hostility of courts toward agreements to arbitrate and to make such agreements specifically enforceable. Section 1 of the FAA exempts the employment contracts of “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce” from the Act’s coverage. The breadth of that exemption has been an issue with the courts of appeals for the past six decades, with the overwhelming majority of courts holding that Section 1 exempts only the contracts of employment of transportation workers form the FAA. In Craft v. …
Argument And Logic , Julian L. Bush
Argument And Logic , Julian L. Bush
Missouri Law Review
There instance where the judge (on proper objection) is called upon to rule that certain arguments are out of bounds. Sometimes there a constitutional reasons for forbidding certain argument, and sometimes there are not. There does not seem to be a general theory applied to the latter cases that explains why those bad arguments are forbidden while other bad arguments are not, and, therefore, judges and lawyers need to know the cases. But it is possible to classify many of the bad arguments within the categories of fallacious arguments condemned by logicians, and it is useful to clear thinking to …
Reception Of The Common Law In Missouri: Section 1.010 As Interpreted By The Supreme Court Of Missouri, Joseph Fred Benson
Reception Of The Common Law In Missouri: Section 1.010 As Interpreted By The Supreme Court Of Missouri, Joseph Fred Benson
Missouri Law Review
This is an article of first impression, the very essence of which is to explore the meaning of Missouri’s reception statute of the common law as embodied within the four corners of Missouri Revised Statutes Section 1.010. How we think of our reception statute and the meaning of the “common law” will, to a degree, shape the future of the law, its institutions, and ultimately our lives. Missouri’s reception of the common law is codified under Missouri Revised Statutes Section 1.010 (2000). This Article discusses the significance of the phrase “fourth year of the reign of James the First” in …
Challenge Of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives On The Effect Of Rule 17 On Civil Litigation In Missouri, The, Bobbi Mcadoo, Art Hinshaw
Challenge Of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives On The Effect Of Rule 17 On Civil Litigation In Missouri, The, Bobbi Mcadoo, Art Hinshaw
Missouri Law Review
In 1997 the Missouri Supreme Court revised its civil (non-family) ADR rule, Rule 17, to give individual judges the power to order cases to ADR. One of the primary reasons for the revision was to increase the use of what was seen as a worthwhile but underutilized rule. In an effort to evaluate the revised rule and its effects, the Missouri Supreme Court commissioned the Authors to conduct an extensive attorney survey to assess when and why lawyers choose to use ADR, especially mediation; what ADR has on the litigation process; and how and when judges get involved in choosing …
Perils Of Temptation: Has The Eighth Circuit Given Employers An Incentive To Exploit Employees, The, Hadi S. Al-Shathir
Perils Of Temptation: Has The Eighth Circuit Given Employers An Incentive To Exploit Employees, The, Hadi S. Al-Shathir
Missouri Law Review
The use of arbitration agreements by employers as an alternative to litigation has inflamed the passions of many in the legal community for the past decade. While some champion the use of arbitration as a relatively inexpensive and efficient alternative to litigation, others view the use of arbitration agreements as a tool of corporate exploitation. This Note examines a recent a growing debate within the world of arbitration that is controversial and has important policy implications. Specifically, the debate centers around what a court should do with an illegal clause within a binding arbitration agreement: sever it from the agreement …
Analyzing The Trust Code, David M. English
Choice Of Law In Trusts: Uniform Trust Code, Sections 107 And 403, Eugene F. Scoles
Choice Of Law In Trusts: Uniform Trust Code, Sections 107 And 403, Eugene F. Scoles
Missouri Law Review
No abstract provided.
Removal Of Corporate Trustees Under The Uniform Trust Code And Other Current Law: Does A Contractual Lense Help Clarify The Rights Of Beneficiaries, Ronald Chester, Sarah Reid Ziomek
Removal Of Corporate Trustees Under The Uniform Trust Code And Other Current Law: Does A Contractual Lense Help Clarify The Rights Of Beneficiaries, Ronald Chester, Sarah Reid Ziomek
Missouri Law Review
In this Article, we hope to show that viewing trust law through a contractual lense may illuminate the problem of beneficiary removal of a corporate trustee. In part, this lense of help clarify by examining the recent reforms in American trust law (as seen in the UTC and Restatement (Third) of Trusts), as well as the contractual approach of European civil law jurisdiction and their recent attempts to move beyond it. Along the way, we will explore what rights the trust deal may provide beneficiaries in the trustee removal area. For example, a corporate trustee performs certain non-personal duties that …
How Uniform Will The Uniform Trust Code Be: Vagaries Of Missouri Trust Law Versus Desires For Conformity, Scot Boulton
How Uniform Will The Uniform Trust Code Be: Vagaries Of Missouri Trust Law Versus Desires For Conformity, Scot Boulton
Missouri Law Review
The promulgation of the Uniform Trust Code (“UTC”) by the National Conference of Commissioners on Uniform State Laws presents a real opportunity to replace the current hit-or-miss Missouri statutory scheme with a comprehensive, flexible body of trust statutes that is not overly exhaustive. The UTC could fill some important gaps in Missouri law and solve issues left open by current statutory provisions. However, after extensive analysis, it is clear that Missouri has adopted some unique statutes and combinations of statutes that express policy decisions that are much different than those made in corresponding provisions of the UTC. One such example …
Of Punctilios And Paybacks: The Duty Of Loyalty Under The Uniform Trust Code, Karen E. Boxx
Of Punctilios And Paybacks: The Duty Of Loyalty Under The Uniform Trust Code, Karen E. Boxx
Missouri Law Review
Loyalty has been cited as the most desired of traits from those who serve others. One reason that loyalty is so highly valued is that it is impossible to guarantee and impossible to buy. The trust law concept of the duty of loyalty acknowledges that human nature will cause any person to favor his or her personal interests over the interests another, and it is this assumption of disloyalty that gives rise to the strict prohibitions of trustee conflicts of interest required under the label of “duty of loyalty.”
Sex, Stabbing, And Estoppel: A Criminal Plea Prevents Tort Liability Coverage Under Homeowners Insurance, Mary C. Hoemann
Sex, Stabbing, And Estoppel: A Criminal Plea Prevents Tort Liability Coverage Under Homeowners Insurance, Mary C. Hoemann
Missouri Law Review
It is not every day that one wants to sit on the same side of the legal fence as the man who stabbed him. If such strained camaraderie is necessary to collect payment for the injuries, however, on may consider assuming such a bizarre position. This Note discusses such a situation where an assailant and his victim found themselves on the “same side” in the victim’s quest to collect under the stabber’s homeowners insurance policy. The results of this case yield some definitive rules on when Missouri courts will apply the doctrine of collateral estoppel to prevent tort liability insurance …
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiducaries, Paula A. Monopoli
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiducaries, Paula A. Monopoli
Missouri Law Review
The modern academic trend, as embodied in the Uniform Probate Code (“UPC”) and the new Uniform Trust Code (“UTC”), has been to move from a interventionist model of probate toward a minimalist approach to judicial intervention. That model may not be working when it comes to lawyers acting as fiduciaries. The ethical issues and monitoring problems inherent in the confidential relationship that characterizes the attorney/client/fiduciary relationship may warrant more, rather than less, intervention. These monitoring problems and the underlying issues of conflict of interest are particularly acute when the lawyer acting as fiduciary drafted the instrument in which he or …
Erisa's Unspoken Standard: The Fight For Employee Benefits, Bruce Nguyen
Erisa's Unspoken Standard: The Fight For Employee Benefits, Bruce Nguyen
Missouri Law Review
No abstract provided.
Uniform Trust Code (2000): Significant Provisions And Policy Issues, The, David M. English
Uniform Trust Code (2000): Significant Provisions And Policy Issues, The, David M. English
Missouri Law Review
The Uniform Trust Code (200) (“UTC”) is the first effort by the National Conference of Commissioners on Uniform State Laws to provide the states with a comprehensive model for codifying their law on trusts. This Article provides an overview oft eh UTC, describes how it reponds to recent developments in American trust practice, and describes how its enactment would change the trust law prevailing in most American states. The final text of the UTC was approved by the Commissioners in August 2000, and by the American Bar Association’s House of Delegates at its mid-year meeting in February 2001. The detailed …
Congratulations It's A Tort: Expanding The Scope Of Duty In The Surrogacy Setting , Steve Jasper
Congratulations It's A Tort: Expanding The Scope Of Duty In The Surrogacy Setting , Steve Jasper
Missouri Law Review
In the evolving science and business of surrogacy, an important issue arises as to what duty, if any, a surrogacy business owes to its participants and the child created through the surrogacy process. In Huddleston v. Infertility Center of America, the Superior Court of Pennsylvania held that a surrogacy business had the duty to take steps to protect a child created by surrogacy form abuse at the hands of his biological father, and, if it was negligent in not doing so, its negligence could be found to be the proximate cause of the child’s injuries. This Note evaluates why and …
Get Your Dead Hands Off Me: Beneficiaries' Right To Terminate Or Modify A Trust Under The Uniform Trust Code, Julia C. Walker
Get Your Dead Hands Off Me: Beneficiaries' Right To Terminate Or Modify A Trust Under The Uniform Trust Code, Julia C. Walker
Missouri Law Review
The Law Summary provide a discussion of beneficiaries' right ot terminate or modify a trust and speculates on the impact adoption of the UTC will have on this area of the law In Missouri. This analysis is particularly important, given Missouri's deviation from the majority approach to trust termination or modification in the past.
Dear President Bush, Carl Tobias
Dear President Bush, Carl Tobias
Missouri Law Review
Written immediately after the 2000 election, this Article outlines the president's contemporary responsibility in shaping the judiciary through judicial appointment.