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Full-Text Articles in Law
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 …
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
Exploring The Administrative State, Erin Morrow Hawley
Exploring The Administrative State, Erin Morrow Hawley
Missouri Law Review
The administrative state today “wields vast power and touches almost every aspect of daily life.” There’s no question that the Founders would have been surprised by the current administrative state. By and large, however, both the academy and Article III judges are either reluctant or enthusiastic devotees of the administrative state. A variety of arguments have been put forward to situate the Fourth Branch within the constitutional fabric, from constitutional moments, to the Supreme Court’s pragmatic recognition that, given government as we know it, “Congress simply cannot do its job absent an ability to delegate power under broad general directives.” …
“The People Surrender Nothing”: Social Compact Theory, Republicanism, And The Modern Administrative State, Joseph Postell
“The People Surrender Nothing”: Social Compact Theory, Republicanism, And The Modern Administrative State, Joseph Postell
Missouri Law Review
The Article’s argument proceeds in four parts. Part I provides an overview of the scholarly arguments in defense of the nondelegation doctrine. It describes three arguments in favor of the nondelegation doctrine: the separation of powers, political accountability, and constitutional text. Part II argues that social compact theory – not separation of powers, accountability, or constitutional text – is the true foundation of the nondelegation principle. Part III connects the theory of the social compact to the basic principles of republican government, which require that legislative powers are exercised by the representatives of the people chosen through elections. Part IV …
Federal And State Judicial Selection In An Interest Group Perspective, Michael E. Solimine, Rafael Gely
Federal And State Judicial Selection In An Interest Group Perspective, Michael E. Solimine, Rafael Gely
Missouri Law Review
This Article proceeds as follows. In Part II, we summarize the model advanced by Landes and Posner. In Part III, we explore some of the criticisms that have been levied against their model, while in Part IV we raise some criticisms of our own and explore how later scholarship has addressed them. Part V concludes the article.
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Our Federalism Changes Course: The Supreme Court Limits State Sovereign Immunity In Bankruptcy Actions, Benjamin C. Hassebrock
Missouri Law Review
Although sovereign immunity jurisprudence is not the most highly publicized topic of debate in the mainstream media, it has recently become a major source of contention on the Supreme Court. The flurry of sovereign immunity litigation that has reached the high court in the last decade has yielded mostly 5-4 decisions that have expanded the state's ability to assert immunity as a defense. Given this trend, few could have predicted the outcome of the court's decision in Central Virginia Community College v. Katz. In Katz, the 5-4 decision broke the other direction, and the court held that states had waived …