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Articles 1 - 30 of 140
Full-Text Articles in Law
The Best Laid Plans: How Administrative Burden Complicates Voting Rights Restoration Law And Policy, Jennifer L. Selin
The Best Laid Plans: How Administrative Burden Complicates Voting Rights Restoration Law And Policy, Jennifer L. Selin
Missouri Law Review
Despite significant literature on the electoral and democratic implications of laws that restore the right to vote to individuals with felony convictions, few scholars have explored whether these reforms result in practical changes. This Article examines the effect of administrative capacity and individual experience on policy implementation and finds that, even in the face of de jure felon rights restoration, policymakers can (knowingly or unwittingly) alter de facto restoration. Specifically, states have limited administrative capacity to absorb the costs of rights restoration. As a result, the burden of restoration falls onto citizens. Facing learning, compliance, and psychological hurdles to the …
The Quest For Equal Dignity: Federal Statutory Protection Against Sexual Orientation Discrimination, Alec D. Guy
The Quest For Equal Dignity: Federal Statutory Protection Against Sexual Orientation Discrimination, Alec D. Guy
Missouri Law Review
Over one million Americans are married to someone of the same sex. Although the United States Supreme Court guaranteed the fundamental right of marriage to same-sex couples in 2015, these individuals can still be denied housing or fired from their dream job after getting legally married. For much of history, gay individuals have not been protected by the law, both statutorily and constitutionally. Private individuals are generally still free to discriminate against gay people today because federal statutes rarely prohibit discrimination based on sexual orientation. Consequently, many have argued that sexual orientation discrimination constitutes unlawful discrimination based on sex. Until …
Tax Cuts And Jobs Act Changes To Qualified Transportation Fringe Benefits And The Resulting Impact On Tax-Exempt Organizations, Connor M. Sosnoff
Tax Cuts And Jobs Act Changes To Qualified Transportation Fringe Benefits And The Resulting Impact On Tax-Exempt Organizations, Connor M. Sosnoff
Missouri Law Review
Transportation to and from one’s place of employment is an important cost that most workers consider when choosing where to work. This may be particularly true for workers who seek employment in charitable or non-profit work. Section 132(f) of the Internal Revenue Code (the “Code”) incentivizes employers to provide employees with parking and transportation to attract potential employees to their business and ease the burden of commuting. This tax provision serves various policy rationales by allowing employees to exclude from their income transportation benefits received from their employer up to a monthly maximum. Allowing employees to exclude some of these …
Balancing Act: Admissibility Of Propensity Evidence Under Article I, Section 18(C) Of The Missouri Constitution, Emily Holtzman
Balancing Act: Admissibility Of Propensity Evidence Under Article I, Section 18(C) Of The Missouri Constitution, Emily Holtzman
Missouri Law Review
The American legal system has a long-standing ban against using character evidence to show a party’s propensity to act in conformity with that character. This rule has been especially stringent in the criminal system, where the notion is that when a criminal defendant is tried for a crime, that defendant should face trial only for the crimes charged. However, certain crimes, like sex crimes, can be incredibly difficult to prosecute and, accordingly, victim advocates have pushed for changes to these rules. The Federal Rules of Evidence (“FRE”) and several states have enacted rules that allow evidence of prior bad acts …
The Federalist Regulation Of Privacy: The Happy Incidents Of State Regulatory Activity And Costs Of Preemptive Federal Action, Henry Adams
Missouri Law Review
The impact of society’s digital integration is difficult to articulate. It suffices to say much of our lives are now digitized, and digital technologies have yielded immeasurable benefits to the individual and society at large. Change heralds challenge, and the digital paradigm-shift has brought challenges of comparable numerosity and magnitude. Privacy is at the forefront of those challenges. In recent years, the digital industry has been subject to increased scrutiny over the rising number of privacy scandals and perceived market failures related to the collection and use of individuals’ personal information. New technologies, market developments, and increases in public attention …
Reinforcing Autonomy: Legal Ethics And Constitutional Compliance In Indigent Criminal Defense, George R. Brand
Reinforcing Autonomy: Legal Ethics And Constitutional Compliance In Indigent Criminal Defense, George R. Brand
Missouri Law Review
Regulating the judicial system is an inherently difficult task. With multi-ple stakeholder groups often at odds with each other and within themselves, it is almost impossible to create laws, rules, and norms that satisfy everyone. The unnervingly peculiar capital murder case of McCoy v. Louisiana typifies the many competing ideologies and motivations constantly in flux in the American judicial system. While unique idiosyncrasies within this case frame a series of events unlikely to be repeated, the Supreme Court of the United States’ split decision educes this ongoing debate amongst judges, litigants, and legislatures on the best practices and purposes undergirding …
Felon Disfranchisement In Missouri: 1821–1970, Pippa Holloway
Felon Disfranchisement In Missouri: 1821–1970, Pippa Holloway
Missouri Law Review
In Missouri, individuals who have committed a felony offense cannot vote until they have completed their prison sentence and any probation or parole. There are areas of both continuity and change over the two centuries since Missouri’s first constitution allowed the legislature to limit the suffrage rights of those convicted of infamous crimes. In pre-Civil War Missouri, the concept of infamy was a part of legal culture, as was the case in other states. Infamy connected the degradation of criminal activity and criminal punishment with the loss of citizenship rights and thus provided the intellectual foundation for felon disfranchisement. In …
The Uncertain Future Of Felon Disenfranchisement, Bruce E. Cain, Brett Parker
The Uncertain Future Of Felon Disenfranchisement, Bruce E. Cain, Brett Parker
Missouri Law Review
Felons represent a large majority of disenfranchised adult Americans, with a significant proportion remaining unable to vote even after completing the entirety of their sentences. As voter eligibility requirements become an increasingly contested partisan battlefield, the fate of these disenfranchised individuals has become increasingly unclear. With this backdrop in mind, we consider recent developments in felon disenfranchisement, the prospects for future legislative action, and the legal arguments that litigants might employ to challenge the practice. In so doing, we exploit newly collected polling data to determine (1) whether Americans are ready to end felon disenfranchisement, and (2) under what circumstances …
New Tricks For An Old Dog: Deterring The Vote Through Confusion In Felon Disenfranchisement, Emily Rong Zhang
New Tricks For An Old Dog: Deterring The Vote Through Confusion In Felon Disenfranchisement, Emily Rong Zhang
Missouri Law Review
Felon disenfranchisement laws do not just disenfranchise. They also confuse. By imposing heavy penalties for failing to correctly navigate complex provisions, these statutes confuse eligible voters and discourage them from exercising their right to vote. In this way, felon disenfranchisement laws resemble modern voter suppression laws: they deter eligible voters from voting. Modest reforms can and should be implemented to affirmatively inform formerly incarcerated individuals of their restored voting rights.
References To Movies In Judicial Opinions And Written Advocacy, Part 2, Douglas E. Abrams
References To Movies In Judicial Opinions And Written Advocacy, Part 2, Douglas E. Abrams
Faculty Publications
In the Journal’s September- October issue, Part I of this article sampled recent federal and state judicial opinions that cite themes, scenes, or characters from movies listed on the American Film Institute (AFI) “100 Greatest American Films of All Time.” This Part II picks up where Part I left off. The discussion below samples recent judicial opinions that cite other well-known movies that have captivated American audiences without winning places on the “100 Greatest” list. Part II concludes by explaining why brief writers should feel comfortable following the judges’ lead by carefully using movie references to help make written substantive …
Assumptions About Terrorism And The Brandenburg Incitement Test, Christina E. Wells
Assumptions About Terrorism And The Brandenburg Incitement Test, Christina E. Wells
Faculty Publications
The incitement standard announced in Brandenburg v. Ohio is one of the most familiar tests in the Supreme Court's jurisprudence. It prohibits government officials from punishing advocacy of illegal activity unless it is directed and likely to imminently incite such activity. Brandenburg's standard has become a pillar of free speech law, allowing government officials to protect public safety by punishing only speech intended and likely to create an imminent danger of harm, while protecting even the most abhorrent of speakers from suppression of their speech simply because government officials fear or dislike it. Terrorist advocacy, however, is putting pressure on …
Responsible Devolution Of Affordable Housing, Andrea Boyack
Responsible Devolution Of Affordable Housing, Andrea Boyack
Faculty Publications
The federal government has been heavily involved in promoting housing affordability since the 1930s and continues to have a critical role to play. Over the past several decades, the federal government has financed affordability by promoting development and income subsidies, but specific allocation decisions have devolved. Housing inequities can best be addressed locally, but only if localities are held to high standards of fairness and regional coordination is facilitated. Successful and sustainable local solutions to housing affordability will also require a substantial financial investment, one that the federal government can and should reliably and adequately provide. Each year, Congress permits …
The Mighty Waves Of Regulatory Reform: Regulatory Budgets And The Future Of Cost-Benefit Analysis, James Broughel
The Mighty Waves Of Regulatory Reform: Regulatory Budgets And The Future Of Cost-Benefit Analysis, James Broughel
The Business, Entrepreneurship & Tax Law Review
In the past 70 or 80 years, there have been three “waves” of reforms to the process of creating and managing U.S. federal and state regulations. The first wave began in 1946 with the passage of the federal Administrative Procedure Act, after which states went on to pass and formalize their own administrative procedures. The second wave began decades later in the mid-1970s, ushering in the era of cost-benefit analysis reforms for regulations. This article focuses on the third wave of regulatory reforms that appears to be sweeping the nation and includes a prediction that the next wave may include …
Restoring Internet Freedom As An Example Of How To Regulate, Jerry Ellig
Restoring Internet Freedom As An Example Of How To Regulate, Jerry Ellig
The Business, Entrepreneurship & Tax Law Review
Thomas Lambert’s How to Regulate urges regulators to diagnose the extent and causes of the problems they seek to solve and consider the benefits and costs of alternative solutions. It also warns that government officials are affected by the incentives and knowledge constraints they face, and regulations should be designed to mitigate this problem. The Federal Communications Commission’s Restoring Internet Freedom order provides examples of these principles in practice. In its assessment of blocking, throttling, paid prioritization, and other general business conduct of broadband providers, the order first utilized economic research to identify the extent and causes of the underlying …
The Weinstein Tax: Congress' Attempt To Curb Non-Disclosure Agreements In Sexual Harassment Settlements, Shane Rader
The Weinstein Tax: Congress' Attempt To Curb Non-Disclosure Agreements In Sexual Harassment Settlements, Shane Rader
The Business, Entrepreneurship & Tax Law Review
The Tax Cuts and Jobs Act has been hailed by many as both a significant and sensible tax reform. It lowered the U.S.’s notoriously high corporate tax rates while also providing a tax break for many individual Americans. Although this tax reform has its benefits, this article discusses a troubling provision that has not garnered much attention. This particular provision, incorporated into the Internal Revenue Code as § 162(q), does not allow the deduction of settlement or attorneys’ fees in sexual harassment cases when a settlement is subject to a nondisclosure agreement. Although the intention of this reform was to …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
Oira’S Expanded Review Of Tax Regulations And Its Surprising Implications, Bridget C.E. Dooling
Oira’S Expanded Review Of Tax Regulations And Its Surprising Implications, Bridget C.E. Dooling
The Business, Entrepreneurship & Tax Law Review
Executive Order 12866 describes U.S. policy on regulatory planning and review. It directs agencies to identify the nature and significance of the problem they are trying to solve with regulation, to identify alternative solutions, to assess the quantifiable and non-quantifiable costs and benefits of each alternative, and then to choose the option that maximizes net benefits to society, taking into account distributional effects and other considerations. That policy, which has governed U.S. regulation for several decades, is managed by the Office of Information and Regulatory Affairs (“OIRA”). It is also subject to several exemptions. In April 2018, the U.S. Department …
Regulation: A View From Inside The Machine, Hester M. Peirce
Regulation: A View From Inside The Machine, Hester M. Peirce
The Business, Entrepreneurship & Tax Law Review
This is a transcript of the keynote address virtually delivered by Hester M. Peirce at the symposium “Protecting the Public While Fostering Innovation and Entrepreneurship: First Principles for Optimal Regulation,” hosted at the University of Missouri School of Law on February 8, 2019. The transcript of this address was initially published on the official website of the Securities and Exchange Commission; it has been lightly edited to ensure readability and formatting continuity.
Be There In A Tif: What Is Tif And Missouri's Need Of Reform, James Bernskoetter
Be There In A Tif: What Is Tif And Missouri's Need Of Reform, James Bernskoetter
The Business, Entrepreneurship & Tax Law Review
Tax Increment Financing (“TIF”) is an economic development tool used by local municipalities to lure investment to areas that would not normally receive any. The process starts by having a local municipality or developer propose a redevelopment plan for a particular area. This area must fall into a statutory definition to be eligible for TIF and a “but-for” analysis is required, along with a proposal to a TIF commission. They then will move to approve or disapprove the proposal; if approved, the plan can be implemented for a defined duration. During the implementation, the purpose is for the investment plan …
When The Hot Stove Goes Cold: The Tcja, Baseball Contracts, And Avoiding An Administrative Nightmare, Zachary T. Robinson
When The Hot Stove Goes Cold: The Tcja, Baseball Contracts, And Avoiding An Administrative Nightmare, Zachary T. Robinson
The Business, Entrepreneurship & Tax Law Review
In 2017, Congress passed the Tax Cuts and Jobs Act, a sweeping tax reform bill which altered huge swaths of the Internal Revenue Code. Among the numerous changes was an alteration to § 1031 of the Code, which defers taxable gains for taxpayers exchanging property with other taxpayers for similar property; more specifically, the Act limited this section to real property.
Regulatory Reform At The State Level: A Guide To Cutting Red Tape For Governors And Executive Branch Officials, Justin D. Smith
Regulatory Reform At The State Level: A Guide To Cutting Red Tape For Governors And Executive Branch Officials, Justin D. Smith
The Business, Entrepreneurship & Tax Law Review
This article provides recommendations for governors and other executive branch officials to consider when implementing regulatory reform. Studies have shown that regulatory reform is needed because of the substantial impact on the economy, consumers, and businesses. Recent technological advances have allowed regulations to be quantified by a metric known as regulatory restrictions, which counts uses of “shall,” “must,” “may not,” “prohibited,” and “required.” Quantifying regulatory restrictions allows for comparison of the regulatory scope between states. State-level regulatory reform directed by governors has primarily occurred in three waves following elections in 1994, 2010, and 2016. These reforms have achieved significant results …
References To Movies In Judicial Opinions And Written Advocacy, Part 1, Douglas E. Abrams
References To Movies In Judicial Opinions And Written Advocacy, Part 1, Douglas E. Abrams
Faculty Publications
In opinions in cases with no claims or defenses concerning movies or the movie industry, trial and appellate judges often help explain substantive or procedural points, or help embellish the discussion, with references to themes, scenes, or characters from well-known films that have held Americans’ attention. Sometimes the reference appears in an opinion of the court, and sometimes it appears in a concurring or dissenting opinion.
Madison And Shannon On Social Media, Justin "Gus" Hurwitz
Madison And Shannon On Social Media, Justin "Gus" Hurwitz
The Business, Entrepreneurship & Tax Law Review
The Internet has changed speech, and our traditional understandings of speech regulation are struggling to adapt. This article argues that the Internet has tipped the quantity of information that individuals are exposed to beyond the point which they are able to meaningfully process. This article draws from a range of fields— from Information Theory, to cognitive psychology, to informatics—to provide both empirical and theoretical support for the idea that there is a limit to how much information individuals can meaningfully process and that we have surpassed that limit. This argument poses a direct challenge to bedrock First Amendment concepts such …
No Such Thing As Partial Per Se: Why Jefferson Parish V. Hyde Should Be Abolished In Favor Of A Rule Of Reason Standard For Tying Arrangements, Matthew Hodgson
No Such Thing As Partial Per Se: Why Jefferson Parish V. Hyde Should Be Abolished In Favor Of A Rule Of Reason Standard For Tying Arrangements, Matthew Hodgson
The Business, Entrepreneurship & Tax Law Review
For more than a century, antitrust law has operated under two rules of analysis: rule of reason and per se. In 1984, however, the Supreme Court fabricated a new standard for a particular type of antitrust offense, referred to as the “partial per se” rule. This rule confuses and obscures the analysis taking place in tying arrangements and has no place in American jurisprudence. The rule should be abolished, and in its place, the Court should adopt the rule of reason analysis and elements suggested by Justice O’Connor in the very case from which this “partial” rule originated. By doing …
The Case For Doing Nothing About Institutional Investors' Common Ownership Of Small Stakes In Competing Firms, Thomas A. Lambert, Michael E. Sykuta
The Case For Doing Nothing About Institutional Investors' Common Ownership Of Small Stakes In Competing Firms, Thomas A. Lambert, Michael E. Sykuta
Faculty Publications
Recent empirical research purports to demonstrate that institutional investors' "common ownership " of small stakes in competing firms causes those firms to compete less aggressively, injuring consumers. A number of prominent antitrust scholars have cited this research as grounds for limiting the degree to which institutional investors may hold stakes in multiple firms that compete in any concentrated market. This Article contends that the purported competitive problem is overblown and that the proposed solutions would reduce overall social welfare. With respect to the purported problem, we show that the theory of anti-competitive harm from institutional investors' common ownership is implausible …