Content Posted in 2014 | University of Missouri School of Law

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Content Posted in 2014

Admissibility of Evidence Obtained by Wire Tapping, Robert L. Howard

All Those Like You: Identity Aggression and Student Speech , Ari Ezra Waldman

Amendment 2 and Its Effect on Missourians' Free Exercise of Religion, Mishelle Martinez

American Buffalo: Vanishing Acquittals and the Gradual Extinction of the Federal Criminal Trial Lawyer, Frank O. Bowman III

American Law Institute's Restatement of the Law of Conflict of Laws with Annotations to the Missouri Authorities (Sections 79-92), The, J. C. Bour

American Law Institute's Restatement of the Law of Conflict of Laws with Annotations to the Missouri Authorities (Sections 93-115), The, J. C. Bour

And Baby Makes Two: Posthumously Conceived Children and the Eighth Circuit's Denial of Survivors Benefits , Stephanie Liu

An Empirical Study of the Role of the Written Description Requirement in Patent Prosecution, Dennis D. Crouch

A New Framework for Assessing Clinical Data Transparency Initiatives, Erika Lietzan

Attempted Acceptance of a Deceased Offeror's Offer, James L. Parks

Bankrupting the Faith , Pamela Foohey

Bargaining with Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law, Peter W. Bay

BIT Unfair: An Illustration of the Backlash against International Arbitration in Latin America, A, David Ma

Bullying Victimization as a Disability in Public Elementary and Secondary Education, Douglas E. Abrams

By Way of Explanation

Can an Estate Tail Be Docked During Life of First Taker?, Ben Ely Jr.

Cause for Action for Student-on-Student Sexual Harassment under the Missouri Human Rights Act, A , Amanda N. Johnson

Certiorari as Used by the Supreme Court in the Interest of Harmony of Opinion and Uniformity of the Law, W. W. Graves

Certiorari from the Missouri Supreme Court to the Courts of Appeals, J. P. McBaine

Churches Built on Sinking Sand: How Courts Decide Who Keeps Church Property following a Schism, Daniel Coffman

Circuit Courts with Plenary Jurisdiction and Administrative Agencies with Exclusive Jurisdiction: Can They Peacefully Coexist in Missouri, Paul M. Spinden

Class Action's Last Hope: The Argument for Federal Statutory Rights Preemption of the Federal Arbitration Act: In Re American Express Merchants' Litigation, Matthew Reddish

Cloaking a Challenge to Missouri's Marriage Amendment with a Challenge for Survivor Benefits, Benjamin S. Harner

Community Standards v. Teacher Rights: What Is Immoral Conduct under Missouri's Teacher Tenure Act, Conor Neusel

Conditions Subsequent in Conveyances in Missouri, Manley O. Hudson

Constitutionality of Caps: Upholding Missouri's Right to Jury Trial and the Non-Economic Damages Debate, The, Rachel Lawrence

Contracts for the Benefit of Third Parties, James L. Parks

Cornerstones, Curb Cuts, and Legal Education Reform , Judith Welch Wegner

Corporate Gatekeeper in Ethical Perspective, The , Christopher T. Hines

Correcting a Flaw in the Arbitration Fairness Act, Imre Stephen Szalai

Creation of Transnational Administrative Structures Governing Internet Communication, The , Russell L. Weaver, Duncan Fairgrieve, and Francois Lichere

Cumulative Index for Law Series 1-40

Cure for Collusive Settlements: The Case for a Per Se Prohibition on Pay-for-Delay Agreements in Pharmaceutical Patent Litigation, A , Michael Owens

Currently Mandated Myopia of Rule 10b-5: Pay No Attention to That Manager behind the Mutual Fund Curtain, The , Kelly S. Kibbie

Cyberbullying from Psychological and Legal Perspectives, Philip C. Rodkin and Karla Fischer

Cyberbullying Victimization: Associations with Other Victimization Forms and Psychological Distress, Melissa K. Holt and Dorothy L. Espelage

Dead Law Walking: The Surprising Tenacity of the Federal Sentencing Guidelines, Frank O. Bowman III

Dealing with Trans-Territorial Executive Rule-Making , Herwig C.H. Hofmann

Deciding Where to Draw the Line: Compactness as a Protection against Gerrymandering in Missouri Redistricting, Stephanie Bradshaw

Declarations of Trusts and the Statute of Uses, James L. Parks

Decoupling Federal Offense Guidelines from Statutory Limits on Sentencing , Kevin Bernardo

Dedication of Lee H. Tate Hall Memorial Law Building

Delicate Balancing of Paternalism and Freedom to Contract: The Evolving Law of Unconscionability in Missouri, A Law Summary , Scott Lee Smithson Jr.

Determining Arbitrability of the Dispute: The Clear and Unmistakable Standard for Choice of Law in Arbitration Agreements , Kristen Sanocki

Disaggregated State in Transnational Environmental Regulation, The , Hoi L. Kong

Discussion of Judge Pound's Paper, A, Charles M. Hough

Discussion of Judge Pound's Paper, A, J. P. McBaine

Disqualification for Bias and International Tribunals: Room for a Common Test , Margaret Allars

Doctrine of Lis Pendens in Legal Actions Affecting Land, The, Gardner Smith

Doctrine of Substantial Overbreadth: A Better Prescription for Strong Medicine in Missouri, The , Keith H. Holland

Domicile of a Married Woman, The, James L. Parks

Do You Know What's On Your Plate?: The Importance of Regulating the Processes of Food Production, Martha Dragich

Drawing on the Constitution: An Empirical Inquiry into the Constitutionality of Warrantless and Nonconsensual DWI Blood Draws , Kevin Stockmann

Educating Law Students for the Practice: If I Had My Druthers , Solomon Oliver Jr.

Eighth Amendment Differentness, William W. Berry III

Eighth Circuit Bungles Bundled Discounts: The Court Avoids Resolving Bundled Discounts Note , Melissa A. Cullmann

Equal Exposure Brews Frustration for Employees: Court Filters Personal Comfort Doctrine through Workers' Compensation Amendments, Breanna Hance

Equitable Relief Against Nuisances and Similar Wrongs in Missouri, George L. Clark

Equitable Servitudes in Missouri, George L. Clark

Escaping from Lawyers' Prison of Fear, John Lande

Estates by the Marital Right and by the Curtesy in Missouri, Charles K. Burdick

Estates Tail in Missouri, Manley O. Hudson

Evaluating Public Access Ombuds Programs: An Analysis of the Experiences of Virginia, Iowa and Arizona in Creating and Implementing Ombuds Offices to Handle Disputes Arising under Open Government Laws , Daxton R. Stewart

Exclusively Confusing: Who Has Jurisdiction to Determine Jurisdiction under the Missouri Workers' Compensation Law, N. Drew Kemp

Executory Limitations of Property in Missouri, Manley O. Hudson

Extraordinary Writ of Prohibition in Missouri, The, J. P. McBaine

Extraordinary Writ of Prohibition in Missouri, The (concluded), J. P. McBaine

Extraordinary Writ of Prohibition in Missouri, The (continued), J. P. McBaine

FAA versus the Magnuson - Moss Warranty Act: Which Warrants Precedence, The, Tyler Beckerle

Farmer and the Tax Man: The Scope of the Tax Forgiveness Provision in Chapter 12 Bankruptcy, The Comment , David A. Martin

Fast-Track Sentencing: A Potential Solution to the Divisive Discretion, Elizabeth Weber

Federalism, Diversity, Equality, and Article III Judges: Geography, Identity, and Bias , Sharon E. Rush

Fisher v. University of Texas at Austin: Grutter (Not) Revisited , Lawrence R. Purdy

From Keyboard to Schoolhouse: Student Speech in an Age of Pervasive Technology, Erin M. Leach

From Noise to Music: The Potential of the Multi-Door Courthouse (Casas de Justicia) Model to Advance Systemic Inclusion and Participation as a Foundation for Sustainable Rule of Law in Latin America , Mariana Hernandez-Crespo

From Stem to Stern: Navigating Bankruptcy Practice after Stern v. Marshall, Michelle Wright

Gas and Electricity in Interstate Commerce, Robert L. Howard

Gas and Electricity in Interstate Commerce - Part III - State Taxation, Robert L. Howard

Gas and Electricity in Interstate Commerce - Part II - Regulation of Rates and Service, Robert L. Howard

Globalization and Financial Dispute Resolution: Examining Areas of Convergence and Informed Divergence in Financial ADR, Shahla F. Ali

Hidden Curriculum of Legal Education: Toward a Holistic Model for Reform, The, David M. Moss

How Not to Criminalize Cyberbullying, Lyrissa Lidsky and Andrea Pinzon Garcia

If It Only Had a Heart: Supreme Court Eschews Compassion for Cash-Strapped Consumers in Upholding the Validity of Arbitration Clauses in Credit Repair Contracts, Collin Koenig

Index to Main Articles

Index to Main Articles

Index to Main Articles

Index to Main Articles

Index to Main Articles

Index to Subjects

Index to Subjects

Index to Subjects

Index to Subjects

Index to Subjects

Interim Measures , Marianne Roth

It's Not over 'Til It's over: Mandating Federal Pretrial Jurisdiction and Oversight in Mass Torts , Tanya Pierce

Judicial Control of the Missouri Public Service Commission, James W. Simonton

Judicial Control of the Missouri Public Service Commission (concluded), James W. Simonton

Judicial Control of the Missouri Public Service Commission (continued), James W. Simonton

Judicial Settlement-Seeking in Parenting Cases: A Mock Trial, Noel Semple

Jurisdiction to Divorce, James L. Parks

Juvenile Lifers and Judicial Overrreach: A Curmedgeonly Meditation on Miller v. Alabama, Frank O. Bowman III

Labor-Relations Privilege: How Far Can We Tip the Scales to Hide the Truth, The, Joanna L. Byrne

Land Tenure and Conveyances in Missouri, Manley O. Hudson

Larceny of Referendum Petitions, Kenneth C. Sears

Larceny of Referendum Petitions (concluded), Kenneth C. Sears

Law Deans in Jail , Morgan Cloud and George Shepherd

Law of Zoning in Missouri, The, Frederick V. Wells

Law School Curriculum as Seen by the Bench and Bar, The, Cuthbert W. Pound

Legal Education and American Law Institute, Herbert S. Hadley

Limitations of Personal Property, Manley O. Hudson

Local and Special Legislation in Missouri under the Constitution of 1875 (continued), Roscoe E. Harper

Local and Special Legislation in Missouri under the Constitution of 1875 - Part I - Local and Special Legislation in Missouri Prior to Constitution of 1875, Roscoe E. Harper

Meaning of "Hootch, Moonshine, Corn Whiskey" in the Missouri Prohibition Law, The, Ben Ely Jr.

Mental States and Misconduct: The Supreme Court of Missouri Interprets an Important Disqualification from Unemployment Benefits, Brian Stair

Mill(er)ing Mandatory Minimums: What Federal Lawmakers Should Take from Miller v. Alabama, Mary Price

Miller v. Alabama: What It Is, What It May Be, and What It Is Not, Nancy Gertner

Mortgages - Priorities between Mortgages and Mechanics' Liens, Robert S. Eastin

Motor Carrier Regulation in Missouri, John J. George

My Way or No Way: The American Reluctance for Trans-Territorial Public Law , William Funk

Need for Legitimate Regulatory Regime in Bioethics: A Global and European Perspective, The , Jane Reichel

Notes on Missouri Cases

Notes on Missouri Cases

Notes on Missouri Cases

Notes on Recent Cases

Notes on Recent Cases

Notes on Recent Cases

Notes on Recent Cases

Notes on Recent Cases in Missouri

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Cases

Notes on Recent Missouri Papers

Not Just Kid Stuff - Extending Graham and Miller to Adults, Michael M. O'Hear

N. R. A. Legislation Before the Courts, William Collinson

Operative Facts in Surrenders (concluded), Merrill I. Schnebly

Operative Facts in Surrenders - Part 1, Merrill I. Schnebly

Order in the Desert: Law Abiding Behavior at Burning Man, Manuel A. Gomez

Other Missouri Model: Systemic Juvenile Injustice in the Show-Me State, The, Mae C. Quinn

Out of the Shadows: What Legal Research Instruction Reveals about Incorporating Skills throughout the Curriculum , Barbara Glesner Fines

Ownership of Automobile as Prima Facie Evidence of Responsibility for Negligence of Person Operating It, Conly Purcell

Partition Where Life Estates and Remainders Are Involved, Earl F. Nelson

Payment of Debt to Foreign Representatives or Heirs, Robert B. Fizzell

Precedent as a Policy Map: What Miller v. Alabama Tells Us about Emerging Adults and the Direction of Contemporary Youth Services, Clark M. Peters

Preface, James L. Parks

Preliminary Stock Subscription Agreements in Missouri, Manley O. Hudson

Program of Missouri Bar Association, Guy A. Thompson

Property Insurance Appraisal: Is Determining Causation Essential to Evaluating the Amount of Loss , Ashley Smith

Proposal for a National Mortgage Registry: MERS Done Right, A , Dale A. Whitman

Proposed Regulation of Missouri Procedure by Rules of Court, The, Manley O. Hudson

Public Participation without a Public: The Challenge for Administrative Policymaking , Sidney Shapiro and Richard Murphy

Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages in Ondrisek v. Hoffman, The, Valerie Shands

Read between the Lines: Considering the Party Agreement When Determining Arbitrability in Bilateral Investment Treaties, Ryan Nichols

Real Party in Interest Statute in Missouri, The, George L. Clark

Recent Developments and Tendencies in the Taxation of Intangibles, Robert L. Howard

Recoupment and Bankruptcy: How to Effectuate Bankruptcy Policy through the Same Transaction Test , Jacob Thessen

Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice , John Lande

Regulating Student Cyberspeech, Barry P. McDonald

Religious Freedom, Church-State Separation, & the Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, and Richard W. Garnett

Restraints on Alienation in Missouri, Earl F. Nelson

Rethinking the Law Firm Organizational Form and Capitalization Structure , Edward S. Adams

Rethinking the Testamentary Capacity of Minors , Mark Glover

Rule against Perpetuities in Missouri, The, Manley O. Hudson

Science, Politics, and Administrative Legitimacy , Louis J. Virelli III

Social Networking and Freedom of Speech: Not Like Old Times , Zachary Shklar

Some Aspects of the Status of Children in Missouri, Eldon R. James

Some Problems in Hearsay and Relevancy in Missouri, E. W. Hinton

Some Problems in Jurisdiction to Divorce, James L. Parks

Some Problems Involved in Conditional Deliveries of Deeds, Glenn A. McCleary

State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, and Henry Tanner

State Legislative Update, Molly Karcher, Alexandra Klaus, Ryan J. Nichols, and Stanley A. Prenger

Statutory Covenants for Title in Missouri, James W. Simonton

Still Disconnected: Current Failures of Statutory Approaches to Bullying Prevention in Schools , Daniel B. Weddle

Supreme Court Issues Notice to Courts: Bifurcated Proceedings Still Required, Valerie Dixon

Symposium: Bombshell or Babystep - The Ramifications of Miller v. Alabama for Sentencing Law and Juvenile Crime Policy: Symposium Foreword, Paul J. Litton

Symposium: Cyberbullying: Emerging Realities and Legal Challenges: Foreword , Christina E. Wells

Table of Cases Law Series, 1-8

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Table of Contents - Issue 1

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Table of Contents - Issue 2

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Table of Contents - Issue 3

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Table of Contents - Issue 4

Table of Contents - Issue 4

Taking Nature Back: Why Tax Strategy Law Is Relevant to Gene Patents, Amy E. Sestric

The Debate on Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful, Alexandra E. Wilson-Schoone

The Project that Hurts Your Head: Simple Project Management for the Innovating Law Librarian, Cynthia Bassett and Resa Kerns

There Has Been a MisConcepcion: The FAA Does Not Foster the Waiver of Statutory Rights: Reyes v. Liberman Broad, Inc., Joanna L. Byrne

The Right to Remain Silent: Garcetti v. Ceballos and a Public Employee's Refusal to Speak Falsely, Ashley M. Cross

The Role of the Judiciary in Charter Schools' Policies , Kate Gallen

The Transformative Twelfth Amendment, Joshua D. Hawley

The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact of Now v. Little League Baseball, Inc. at 40, Douglas E. Abrams

Tort Liability for Negligence in Missouri, George L. Clark

Tort Liability for Negligence in Missouri, George L. Clark

Training the Heads, Hands and Hearts of Tomorrow's Lawyers: A Problem Solving Approach , Lisa A. Kloppenberg

Transfer and Partition of Remainders in Missouri, The, Manley O. Hudson

Transfer of Property by a Pledgee, James L. Parks

Troubling Ambition of Federal Rule of Evidence 502(d), The , Michael Correll

Two Wrongs Do Not Make a Right: Reconsidering the Application of Comparative Fault to Punitive Damage Awards , Victor E. Schwartz and Christopher E. Appel

Ultra Vires Transactions, James L. Parks

Ultra Vires Transactions (concluded), James L. Parks

USERRA Oxymoron: Termination as a Valid Reemployment Position, The, Breanna Hance

Waiving Goodbye to Arbitration: Factoring Prejudice When a Party Delays Assertion of Its Contractual Right to Arbitrate: Elliot v. KB Home N.C., Inc., Kristen Sanocki

We the People: A Needed Reform of State Initiative and Referendum Procedures, Nicholas R. Theodore

What Do Clients Want from Their Lawyers, Clark D. Cunningham

What's It to You: The First Amendment and Matters of Public Concern , Mark Strasser

When Regulations and Arbitration Awards Collide: Potential Difficulties for Arbitrators and Parties: Bangor Gas Co., LLC v. H.Q. Energy Serv. U.S. Inc., Greg Mitchell

Where the Judiciary Prosecutes in Front of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan

Writ of Certiorari in Missouri, The, J. P. McBaine

You Can't Have Your Trust and Defeat It Too: Why Mandatory Arbitration Provisions in Trusts Are Enforceable, and Why State Courts Are Getting It Wrong, Rachel M. Hirshberg