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Articles 1 - 30 of 169
Full-Text Articles in Law
"Show-Me" No Rice Pharming: An Overview Of The Introduction Of And Opposition To Genetically Engineered Pharmaceutical Crops In The United States, Jillian S. Hishaw
"Show-Me" No Rice Pharming: An Overview Of The Introduction Of And Opposition To Genetically Engineered Pharmaceutical Crops In The United States, Jillian S. Hishaw
Journal of Food Law & Policy
Farmers in California and Missouri have one thing in common- opposition to the production of genetically modified (GM) "pharma" crops.' A pharmaceutical crop, or "pharma" crop, is a plant that has been genetically altered so that it produces proteins which are used as drugs. Pharmaceutical companies can then harvest the crop and isolate the proteins, which may be used to make human or veterinary drugs. Farmers' fears include a variety of health and environmental hazards; in particular, they fear contamination of their regular crops and the associated market loss. These concerns surfaced in both states where Ventria Bioscience announced plans …
Legislative Push Towards Supersession In Missouri: Why The State Attorney General Should Not Be Statutorily Granted Concurrent Jurisdiction With Locally Elected Prosecutors, Josef Nilhas
Saint Louis University Law Journal
There is a current trend of electing progressive or “reform-minded” prosecutors over “tough-on-crime” prosecutors in local elections across the country. Traditionally, prosecutors have possessed wide discretion over which cases to prosecute or not, and the law presumes that “prosecutors make discretionary decisions disinterestedly, unaffected by their own self-interest or the interest of others.” However, recently in Missouri, state officials have pushed for providing the state attorney general with concurrent jurisdiction over certain cases. In particular, the Missouri Senate passed a provision through an amendment to House Bill 2 (“HB2”) that would allow the State Attorney General to take over homicide …
Missouri’S Chance At Low-Cost Renewable Energy ‘Gone With The Wind’?, Jeff Becker
Missouri’S Chance At Low-Cost Renewable Energy ‘Gone With The Wind’?, Jeff Becker
Saint Louis University Law Journal
The Grain Belt Express, a proposed wind energy transmission line that will span across much of the Midwest,[1] has been stalled for the past five years due to the legal battles it has faced in Missouri[2] over whether the company can be properly granted the authority to exercise eminent domain power over landowners in the state who oppose the project.[3] This Note provides a comprehensive analysis of the issues surrounding the Grain Belt Express in Missouri in order to argue that the project is in the state’s public interest—as correctly decided by Missouri’s Public Service Commission in …
Dismantling Policing For Profit: How To Build On Missouri's Post-Ferguson Court Reforms, Samuel Lev Rubinstein
Dismantling Policing For Profit: How To Build On Missouri's Post-Ferguson Court Reforms, Samuel Lev Rubinstein
University of Michigan Journal of Law Reform
This Note argues that legal reforms enacted after the 2014 Ferguson, Missouri uprising are insufficient to address the problem of using courts as revenue generators and the related problem of predatory policing. Reforms to date have merely capped how much money towns can raise from their courts; they have not fixed the perverse incentive problem, which allows towns like Ferguson to extract wealth from vulnerable, low-income residents through the court system. This Note argues that towns should be required to remit the money their courts raise to a state education fund, which puts legal separation between the entity collecting the …
Missouri’S Path Towards “A Meaningful Opportunity For Release.” Should Remedying Unconstitutional Sentences Permit Judicial Review Of Parole Board Decisions?, Kristen S. Spina
Missouri’S Path Towards “A Meaningful Opportunity For Release.” Should Remedying Unconstitutional Sentences Permit Judicial Review Of Parole Board Decisions?, Kristen S. Spina
Saint Louis University Law Journal
No abstract provided.
Meat Wars: The Unsettled Intersection Of Federal And State Food Labeling Regulations For Plant-Based Meat Alternatives, Shareefah Taylor
Meat Wars: The Unsettled Intersection Of Federal And State Food Labeling Regulations For Plant-Based Meat Alternatives, Shareefah Taylor
University of Massachusetts Law Review
Due to technological advances and the rise in popularity of plant-based meat alternatives (i.e., Beyond Meat, the Impossible Burger, etc.), nearly thirty states have proposed or enacted legislation to limit which foods can be labeled with terms that have traditionally been used to describe products derived from animal carcasses (i.e., meat, burger, sausage, etc.). Fueled in many places by the cattle industry, the states’ legislation proposes stricter guidelines than the federal counterparts in an attempt to specifically prohibit plant-based, cell-based (lab-grown meat), and even insect-based products from being labeled in meat-associated terms. To date, lawsuits have been filed by opponents …
Election Law On The Ground: Challenges In Missouri, Denise Lieberman
Election Law On The Ground: Challenges In Missouri, Denise Lieberman
Saint Louis University Law Journal
No abstract provided.
Criminal Justice Reform In Missouri, Emily Stahly
Criminal Justice Reform In Missouri, Emily Stahly
Saint Louis University Law Journal
No abstract provided.
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Michigan Law Review Online
Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in related areas …
The Constitutionality Of Fish And Wildlife Related Searches And Seizures Conducted By Conservation Agents In Missouri, Travis R. Mclain
The Constitutionality Of Fish And Wildlife Related Searches And Seizures Conducted By Conservation Agents In Missouri, Travis R. Mclain
Saint Louis University Law Journal
No abstract provided.
Missouri *@!!?*@! – Too Slow, Mae C. Quinn
Missouri *@!!?*@! – Too Slow, Mae C. Quinn
Saint Louis University Law Journal
No abstract provided.
Tax Policy Reform: Issues To Be Addressed To The Benefit Of All Missourians, Joel Walters
Tax Policy Reform: Issues To Be Addressed To The Benefit Of All Missourians, Joel Walters
The Business, Entrepreneurship & Tax Law Review
Tax policy impacts the everday decisions made by individuals, families, and businesses. Better tax policy can generate economic activity and lower the tax burden on individual taxpayers. Missouri Department of Revenue Director, Joel Walters, believes the current Missouri tax system can be changed in ways that would make it more simple, efficient, and fair. With this article, Director Walters seeks to engage Missourians in a dialogue about the strengths and weaknesses of the current tax policy environment in Missouri. The article comprhensively examines Missouri's tax system by discussing a wide variety of topics including corporate income tax, alternatives such as …
Revisiting The American Church-State Relationship: The Trinity Lutheran Church Case, Jack Van Der Slik
Revisiting The American Church-State Relationship: The Trinity Lutheran Church Case, Jack Van Der Slik
Pro Rege
No abstract provided.
Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer
Sound And Fury: Substantial Evidence In State V. Bruner, Anthony J. Meyer
Missouri Law Review
This Note argues that the current standard for substantial evidence is both confusing and inconsistent in Missouri case law. In the instant case, the standard for substantial evidence applied by the Missouri Court of Appeals, Southern District, involved weighing the credibility of the evidence when, according to the weight of authority in Missouri case law, the substantial evidence standard is a low one and does not include making determinations of credibility. Substantial evidence would be better defined as any evidence that is more than a mere scintilla that puts a matter in issue
It’S Probable: Missouri Constitution Article I, Section 15 Requires A Higher Standard To Obtain A Warrant For Real-Time Or Prospective Csli, Aaron Hadlow
Missouri Law Review
The scope of this Note primarily deals with issues surrounding real-time CSLI, although the issues implicated by article I, section 15 of the Missouri Constitution could apply to historic CSLI as well. Part II of this Note discusses general principles of Fourth Amendment law and the Supreme Court’s treatment of searches and seizures in relation to electronic communications and data. It then discusses the statutory developments empowering law enforcement to use emerging technologies for surveillance purposes. Part III discusses recent developments in search and seizure law. It then discusses Missouri’s recent amendment to its constitution, which provides additional protections for …
Slaves As Plaintiffs, Alfred L. Brophy
Slaves As Plaintiffs, Alfred L. Brophy
Michigan Law Review
Review of Redemption Songs: Suing for Freedom Before Dred Scott by Lea VanderVelde.
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
William & Mary Law Review
This Article investigates the relationship between the decisions by lawmakers to use municipal and criminal systems to generate revenue and the lack of access to individual defense representation by using the Ferguson, Missouri, municipal court as a case study. The Article chronicles the myriad constitutional rights that were violated on a systemic basis in Ferguson’s municipal court and how those violations made the city’s reliance on the court for revenue generation possible. The Article also documents how the introduction of individual defense representation, even on a piecemeal basis, played a role in altering Ferguson’s system of governance. Using this case …
Strange Justice For Victims Of The Missouri Public Defender Funding Crisis: Punishing The Innocent, Sean D. O'Brien
Strange Justice For Victims Of The Missouri Public Defender Funding Crisis: Punishing The Innocent, Sean D. O'Brien
Saint Louis University Law Journal
No abstract provided.
Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle
Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle
Missouri Law Review
This Note traces the facts and holding of the case In re Krigel, before delving into the ABA’s influential role in legal ethics. Next, it outlines Missouri’s attorney discipline procedures and analyzes pertinent Missouri case law. Lastly, this Note critiques the majority opinion and argues that Krigel should have been disbarred
“A Verdict Worthy Of Confidence”: The Weakening Of Brady’S “Materiality” Requirement In Missouri, Robert Wasserman
“A Verdict Worthy Of Confidence”: The Weakening Of Brady’S “Materiality” Requirement In Missouri, Robert Wasserman
Missouri Law Review
In 1993, Reginald Clemons was convicted and sentenced to death for his alleged participation in the brutal rapes and murders of two sisters at the Chain of Rocks Bridge in St. Louis, Missouri. Over twenty years later, and after several unsuccessful appeals by Clemons, the Supreme Court of Missouri vacated his convictions. The court found that the prosecution had failed to disclose evidence to Clemons’s trial counsel that suggested that he may have given his confession involuntarily. The court concluded that this evidence was sufficiently important that the prosecution’s failure to disclose it undermined confidence in the trial court’s verdict
Instilling Hope: Suggested Legislative Reform For Missouri Regarding Juvenile Sentencing Pursuant To Supreme Court Decisions In Miller And Montgomery, Brooke Wheelwright
Instilling Hope: Suggested Legislative Reform For Missouri Regarding Juvenile Sentencing Pursuant To Supreme Court Decisions In Miller And Montgomery, Brooke Wheelwright
Missouri Law Review
Missouri recently passed Senate Bill 590 (“SB 590”) in response to these decisions. However, inadequate time, research, and consideration were given to the passage of SB 590, in part because it was rushed through the legislature near the end of the legislative session. As a result, the bill has many shortcomings that must be fixed; this is the primary focus of this Note. Part II of this Note examines the necessary context and background of a handful of Supreme Court decisions pertaining to this issue. Part III discusses the language and likely impact of SB 590. Part III analyzes the …
What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion
What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion
Missouri Law Review
Most Missourians can move into homes with their partners, put up pictures of their spouses at their workplace desks, or book a hotel room for an overnight stay with a carefree confidence that these actions will not result in harassment or discriminatory repercussions. Unfortunately, this is not true for all of the state’s residents. Approximately 160,000 adults in Missouri identify as lesbian, gay, bisexual, and/or transgender (“LGBT”). Accordingly, approximately 160,000 adults in Missouri are particularly vulnerable to workplace, housing, and public accommodations discrimination as the Missouri Human Rights Act (“MHRA”), Missouri’s general anti-discrimination statute, does not explicitly prohibit discrimination based …
Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin
Missouri Campaign Reporting Requirements In The Shade Of Citizens United, Benjamin N. Levin
Missouri Law Review
In Geier v. Missouri Ethics Commission, the appellant, Gerald Geier, asked the Supreme Court of Missouri to consider the constitutionality of Missouri’s reporting requirement statutes as applied to Stop Now!, an inactive political action committee (“PAC”). Geier argued that the reporting requirement failed to meet the exacting scrutiny standard because the State’s interest in receiving reports of inactivity did not outweigh the burden placed on Geier by the requirement. This Note analyzes the court’s application of exacting scrutiny in the instant decision. It also notes the limits of PAC disclosure requirements as a public policy tool in the absence of …
Statutory Interpretation In Missouri, Matthew Davis
Statutory Interpretation In Missouri, Matthew Davis
Missouri Law Review
Although countless secondary sources discuss the canons used to interpret statutory language, few thoroughly focus on the canons cited by Missouri courts. This four-part Note attempts to fill that void. Part II begins by organizing and concisely stating roughly thirty rules of statutory interpretation. Part III then contends that two of these principles – that the purpose of a statute should be furthered and that absurd outcomes should be avoided – often lend themselves to unpredictable results. Part IV concludes by suggesting one way this unpredictability could be minimized.
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen
The Journal of Appellate Practice and Process
No abstract provided.
Access To Education: Transgender Students In Missouri’S Public Education System, Cailynn Hayter
Access To Education: Transgender Students In Missouri’S Public Education System, Cailynn Hayter
Missouri Law Review
Although the questions about whether transgender students have a right to use the restrooms of their gender identity in public schools have been centered on moral and religious concerns, this Note does not focus on those aspects. Instead, it focuses on legal precedent and the implications of developing law on the issue in Missouri. The first half of this Note discusses the federal and state legal backgrounds of transgender students’ right to use the restroom of their gender identity, while the second half discusses the need for the Missouri General Assembly to adopt a specific statute protecting this right.
“Show Me” Your Legal Status: A Constitutional Analysis Of Missouri’S Exclusion Of Daca Students From Postsecondary Educational Benefits, Britteny Pfleger
“Show Me” Your Legal Status: A Constitutional Analysis Of Missouri’S Exclusion Of Daca Students From Postsecondary Educational Benefits, Britteny Pfleger
Missouri Law Review
This Note discusses how Missouri’s exclusion of in-state tuition and state scholarship funding affects DACA students and concludes the Missouri legislature’s proposal violates the Fourteenth Amendment’s Equal Protection Clause. Part II explores the DACA program and its effects on both DACA individuals and society; it then lays out Missouri law on higher education benefits, both prior to and after the passage of HB 3 and SB 224. Next, Part III details the process used to evaluate equal protection claims based on immigration status. Part IV scrutinizes the legislation under equal protection case law, ultimately concluding in Part V that HB …
The Supreme Court Of Missouri Splashes With Precedent In Waterslide Injury Case, Joe Krispin
The Supreme Court Of Missouri Splashes With Precedent In Waterslide Injury Case, Joe Krispin
Missouri Law Review
This Note reviews the legal history of amusement park operator liability in Missouri, discusses the application of that law to a recent incident involving a young girl injured at a Kansas City waterpark, and analyzes the various applications of the law made by the Supreme Court of Missouri, the Missouri Court of Appeals, and the dissenting Supreme Court of Missouri judges. This Note concludes by discussing relevant public policy concerns.
Missouri’S Svp Law: Time For A Change?, Sam Newman
Missouri’S Svp Law: Time For A Change?, Sam Newman
Saint Louis University Law Journal
No abstract provided.
The False Hope Of Missouri’S Amendment Nine And The Real Problems With Constitutional Protection Of Electronic Data And Communications From Government Intrusion, Joseph C. Welling
The False Hope Of Missouri’S Amendment Nine And The Real Problems With Constitutional Protection Of Electronic Data And Communications From Government Intrusion, Joseph C. Welling
Saint Louis University Law Journal
No abstract provided.