Missouri Law Review
- Missouri abolishes the corroboration rule and the destructive contradictions doctrine: a victory for victims of sexual assault?
- Foundational and Contemporary Court Confidentiality.
- Help Me, Help You: Eighth Circuit Diminishes Notice Requirement for Employees Seeking an ADA Accommodation.
- Are non-judicial sales unconstitutional? The super-priority lien and its influence on state foreclosure statutes.
- Missouri campaign reporting requirements in the shade of Citizens United.
- Boundaries of exclusion.
- Fake Polls, Real Consequences: The Rise of Fake Polls and the Case for Criminal Liability.
- Without deference.
- Not taking care of business: state responses to the Employee Free Choice Act, preemption, and the NLRA.
- Artificial Intelligence and Antibody Genus Claims.
- The constitutionality of caps: upholding Missouri's right to jury trial and the non-economic damages debate.
- The Quest for Equal Dignity: Federal Statutory Protection Against Sexual Orientation Discrimination.
- A Contractual Dilemma: Where Arbitration Agreements and Delegation Provisions Collide.
- Less is more: decluttering the state action doctrine.
- Are corporate super PAC contributions waste or self-dealing? A closer look.
- "What Shall Be Orthodox" in Polarized Times: Overview and Response to Commentators.
- The high cost of low-cost workers: Missouri enacts new law targeting employers of unauthorized workers.
- The Back-and-Forth Battle of Defining Independent Contractors.
- Taking the Fight Out of Fighting Words on the Doctrine's Eightieth Anniversary: What "N" Word Litigation Today Reveals About Assumptions, Flaws and Goals of a First Amendment Principle in Disarray.
- Defining peaceably: policing the line between constitutionally protected protest and unlawful assembly.
- Echoes from the past: how the Federal Circuit continues to struggle with patentable subject matter post-Bilski.
- The Judge-Made Constitutional Penumbra: Why Anti-BDS Laws Unavoidably Implicate the First Amendment and How the Eighth Circuit Avoided Them.(boycott, divestment, sanctions movement)
- Raising the bar: standards-based training, supervision, and evaluation.(Symposium: Broke and Broken: Can We Fix our State Indigent Defense System?)
- The Exclusionary Rule and Judicial Integrity: An Empirical Study of Public Perceptions of the Exclusionary Rule.
- Assuming the worst: eliminating the forcibly steals element from second-degree robbery.
- To instruct, or not to instruct, that is the question: State v. Jackson.
- A Duty to Impeach: Libel and Modern Liberalism after Dobbs.
- Timing is everything: Shea Homes, Inc. v. Commissioner.
- Some Linear Thoughts on a Cyclical Vision.(A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin's "The Cycles of Constitutional Time")
- An economics perspective on the exclusionary rule and deterrence.
- Legal journalism today: change or die.
- The First Amendment and specialty license plates: the "Choose Life" controversy.
- "Exclusively" confusing: who has jurisdiction to determine jurisdiction under the Missouri Workers' Compensation Law?
- The Clock is Ticking: Legal Barriers in [section] 1983 Execution Protocol Challenges.
- Bowman v. Monsanto Co.: a bellwether for the emerging issue of patentable self-replicating technologies and inadvertent infringement.
- Leveraging tribal sovereignty for economic opportunity: a strategic negotiations perspective.
- The wild mid-west: Missouri ethics and campaign finance under a narrowed corruption regime.
- The Eighth Circuit loosens the grip of the bankruptcy gag rule, but holds attorneys to advertising disclosure requirement: Milavetz, Gallop & Milavetz, P.A. v. United States.
- The role of invidious discrimination in free exercise claims: putting Iqbal in its place.
- Mavericks, moderates, or drifters? Supreme Court voting alignments, 1838-2009.
- Precedent as a policy map: what Miller v. Alabama tells us about emerging adults and the direction of contemporary youth services.
- All Aboard? Missouri Statute Risks Failing to Protect Consumers from Hidden Fees and Deceptive Practices of Prominent Companies.
- In re N.L.B. v. Lentz: the Missouri Supreme Court's unwarranted extension of a putative father's constitutional protections.
- Federalism and horizontality in international human rights.
- Cotenants trumping cotenants: the Eighth Circuit takes a diverse stance on cotenants' authority under the Fourth Amendment: United States v. Hudspeth.
- Balancing Act: Admissibility of Propensity Evidence Under Article I, Section 18(c) of the Missouri Constitution.
- Too close for comfort: protecting agriculture in an urban age: Labrayere v. Bohr Farms, LLC.
- Why mortgagors can't get no satisfaction.
- Missouri court limits the reach of the pollution exclusion.
- Copyright protection: the force could not keep Han Solo alive, but can it protect him from authors' derivative works?
- Parties, interest groups, and systemic change.
- Unconstitutional State Special Laws: Is Rational Basis Review the Rational Solution?
- Disregarding Statutory Safeguards: The Supreme Court of Missouri's Failure to Recognize Manifest Injustice in Predatory Sexual Offender Determinations.
- Actual Agreement, Shared Meaning Analysis, and the Invalidation of Boilerplate: A Response to Professors Kar and Radin.
- Cancel Carte Blanche for the Information Industries: Federalizing U.C.C. Article 2.
- Burdening Caregivers with But-For Causation.
- Silenced on Campus: Unveiling the Injustice of Speaker-Based Restrictions in Public University Spaces: Hershey v. Jasinski, 86 F.4th 1224 (8th Cir. 2023).
- Bullying victimization as a disability in public elementary and secondary education.
- Promoting the progress: three decades of patent jurisprudence in the Court of Appeals for the Federal Circuit.
- Press freedom and coverage in the U.S. and Kosovo: a series of comparisons and recommendations.
- From keyboard to schoolhouse: student speech in an age of pervasive technology.
- Remands by deception.
- Bad Paper & the Problems with Moral Turpitude in the VA Context.(Veterans Affair)
- Consideration of genetic connections in child custody disputes between same-sex parents: fair or foul?
- Defending the historic preservation tax credit.
- Vouching for Fair Housing: Landlords' Duty to Accept Housing Vouchers as Reasonable Accommodations for Handicapped Tenants.
- IV. Companion animals in residential buildings.(Canines on Campus: Companion Animals at Postsecondary Educational Institutions)
- Born-Again RFRA: Will the Military Backslide on its Religious Conversion?(Religious Freedom Restoration Act of 1993)
- Gutting Bivens: How the Supreme Court Shielded Federal Officials from Constitutional Litigation.
- Undermining Confidence in The Judgment: The Supreme Court of Missouri's Flawed Application of Missouri's Wrongful Conviction Statute.
- Eighth Amendment differentness.
- The hundred-years war: the ongoing battle between courts and agencies over the right to interpret federal law.
- Mmm, mmm, no good: Refocusing on the Article of Manufacture Requirement for Obviousness of Design Patents: Campbell Soup Co. v. Gamon Plus, Inc.
- Why bias challenges to administrative adjudication should succeed.
- Rigor or Reach? Strictness or Scope?: The Continuing Battle Over the Parameters of The Supreme Court's Daubert/Kumho Reliability/Validation Test for the Admissibility of Expert Testimony.
- Strip searches of students: addressing the undressing of children in schools and redressing the Fourth Amendment violations.
- Federal and state judicial selection in an interest group perspective.
- The Smokescreen Problem in Abortion Jurisprudence: How the Undue Burden Standard and Long-Term Legislative Tactics Allow Courts to Turn a Blind Eye to True Legislative Intent.
- Do I own this car? The Supreme Court creates a standard for BAPCPA car ownership.
- Are corporate super PAC contributions waste or self-dealing? A closer look.(political action committees)(I. Introduction through IV. Challenging Corporate Political Contributions as Waste B. Nelson's Arguments for Waste and a Critique There, p. 283-328)
- The politics of merit selection.
- Uncorrected Injustice: Plain Error Review of Misapplied Sentencing Law.
- Symposium: broke and broken: can we fix our state indigent defense system?
- Setting the docket: news media coverage of our courts - past, present and an uncertain future.
- Missed the Mark: The Supreme Court of Missouri's faulty application of strict scrutiny to the right to bear arms.
- We the people: a needed reform of state initiative and referendum procedures.
- Due process forgotten: the problem of statutory damages and class actions.
- Resolving the Incompatibility of Claim Accrual and Recovery in Copyright Law.
- Is the Missouri Sales Tax Being Eroded? Examining a Conflict Among the Executive, Legislative, and Judicial Branches in Missouri.
- "Money for nothing and your (expenses) for free" - federal circuit split on vehicle ownership expense in BAPCPA means testing.
- Unconstitutional "Detours".
- There must be a better way: the unintended consequences of Missouri's Hancock Amendment.
- The foreclosure purchase by the equity of redemption holder or other junior interests: when should principles of fairness and morality trump normal priority rules?
- A cause of action for student-on-student sexual harassment under the Missouri Human Rights Act.
- Police-worn body cameras: An antidote to the "Ferguson effect"?
- At the Edge of Objectivity: The Missouri Court of Appeals' Deference to a Seemingly Subjective Assessment of Prejudice Under Strickland.
- Making judge-speak clear amidst the Babel of lawspeakers.
- Compromising Trust.(A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin's "The Cycles of Constitutional Time")
- Fisher v. University of Texas at Austin: Grutter (not) revisited.
- "We buy houses": market heroes or criminals?
- Notice and remedies in copyright licensing.
- The employees' decade: recent developments under the MHRA and the employers' potential rebound.
- Homelessness at the cathedral.
- Section 230 of the Communications Decency Act of 1996: The Antiquated Law in Need of Reform.
- Into the Final Frontier: The Expanse of Space Commercialization.
- The Federalist Regulation of Privacy: The Happy Incidents of State Regulatory Activity and Costs of Preemptive Federal Action.
- IV. A framework for analyzing tribal state negotiations.
- Statutory caps on punitive damages: are they infringing on your rights?
- Incarcerated childbirth and broader "birth control": autonomy, regulation, and the state.
- Defining Diversity: Challenges to Diversity, Equity, and Inclusion Efforts in a Post-Affirmative Action America.
- IV. Snapshots of termination in rural places.(Judging Parents, Judging Place: Poverty, Rurality, and Termination of Parental Rights)
- Breaking Kayfabe.
- Resurrecting Missouri v. Holland.
- Unreasonable? Missouri rejects a reasonable person standard for determining co-employee liability under Badami's something more test.
- Indoctrination and Social Influence as a Defense to Crime: Are We Responsible for Who We Are?
- Time for an Audible: Possible Solutions for NIL Collectives Seeking Tax-Exempt Status Following IRS Memo.(name, image, and likeness)
- Using Intellectual Property to Regulate Artificial Intelligence.
- Highspeed Pursuit of a Claim for Negligence: Analyzing Police Liability in a Vehicular Accident Involving Bystanders.
- Federalism and the Blue Sky Laws: Reevaluating U.S. Securities Regulation.
- "Secret" prior art: does prior art in a provisional patent application bar future patents?
- Drawing on the Constitution: an empirical inquiry into the constitutionality of warrantless and nonconsensual DWI blood draws.
- Differentiating the Federal Circuit.
- Federal Common Law's Long Shadow: Shedding Light on State Law Rights to Postpetition Default Interest.
- Foreword.
- Check Yes for Checkpoints: Suspicionless Stops and Ramifications for Missouri Motorists.
- A tiger with no teeth: the case for fee shifting in state public records law.
- Public defender elections and popular control over criminal justice.(Symposium: Broke and Broken: Can We Fix our State Indigent Defense System?)
- Bargaining with bite: Missouri High Court's constitutional holdings alter public sector labor law.
- Made in the Midwest: Missouri's Puppy Mill Problem and How It Should Be Fixed.
- Prohibition's lingering shadow: under-regulation of official uses of force.
- New Tricks for an Old Dog: Deterring the Vote Through Confusion in Felon Disenfranchisement.
- Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection: Ordinola v. Univ. Physician Assocs., 625 S.W.3d 445 (Mo. 2021) (en banc).
- DEAD-Locked: Evaluating Judge-Imposed Death Sentences Under Missouri's Death Penalty Statute.
- Textualism: Definition, and 20 Reasons Why Textualism is Preferable to Other Methods of Statutory Interpretation.
- Eugenics and the Carceral State: Progressive-Era Reform & the Creation of the Modern Criminal Justice System.
- Last rights denied: right of sepulcher in springing power of attorney for health care invalidated.
- Pulling the taxpayer's sword from the stone: the appropriation requirement of Missouri's Hancock Amendment.
- A light at the end of the Tunnell? The parameters of uninsured motorist coverage in wrongful death cases: Floyd-Tunnell v. Shelter Mutual Insurance Co.
- Dark Clouds Looming: The Uncertain Safety of Welfare Benefits for Probationers and Parolees: Graves v. Missouri Department of Corrections, Division of Probation and Parole, 630 S.W.3d 769 (Mo. 2021) (en banc).
- Why doctors shouldn't practice law: the American Medical Association's misdiagnosis of physician non-compete clauses.
- Foreword: thank you, Dale.
- A Social Norm Theory of Regulating Housing Speech Under the Fair Housing Act.
- Are We All in This Together? Enforcing Class Arbitration Waivers.
- Liability Insurance and Contractual Aspects of Settlement.
- High-tech words do hurt: a modern makeover expands Missouri's harassment law to include electronic communications.
- The plaintiffs' bar cannot enforce the laws: individual reliance issues prevent consumer protection classes in the Eighth Circuit.
- Unfair housing on the Internet: the effect of the Communications Decency Act on the Fair Housing Act.
- Nightmare on High Street: The Haunting Effects of Voluntary Arbitration in Nursing Home Administration: Ingram v. Brook Chateau.
- Churches built on sinking sand: how courts decide who keeps church property following a schism.
- It's not over 'til it's over: mandating federal pretrial jurisdiction and oversight in mass torts.
- Fast-track sentencing: a potential solution to the divisive discretion.
- Corporations beware: the Eighth Circuit announces new criteria for parent corporation liability and constructive notice of harassment.
- The farmer and the tax man: the scope of the tax forgiveness provision in Chapter 12 bankruptcy.(Introduction through III. The Circuit Decisions, p. 243-269)
- V. Round 1: the initial casino negotiations.
- Legal Issues in Reconciling Data Protection, AI, and Cybersecurity under EU Law.
- We have to do better: attacking teacher tenure is not the way to solve education inequity.
- The Missouri nonpartisan court plan: the least political method of selecting high quality judges.
- VII. Major shifts in the negotiation landscape.
- Rethinking the law firm organizational form and capitalization structure.
- Curt Flood and a triumph of "The Show Me" spirit.
- On the Hook: Venue, Vicinage, and Double Jeopardy's Relationship with Modern Data Crimes.
- Incarcerated for Indigence: Probation Revocation for Inability to Pay Court-Ordered Fines Found to Violate Due Process.
- Trust and community: the common interest community as metaphor and paradox.
- The plight of the tattletale: how the Eighth Circuit's relaxing of rule 9(b) means more unpredictability for FCA whistleblower claims.
- Setting a better standard: evaluating jail officials' constitutional duties in preventing the sexual assault of pretrial detainees.
- Libertarian Quasi-Paternalism.
- Reconceiving Corporate Rights and Regulation in the AI Era.
- Supreme Court decision on juvenile sentencing results in cruel and unusual difficulties for Missouri.
- Staking a claim on the building blocks of life: human genetic material within the United States patent system.
- Dealing with trans-territorial executive rule-making.
- Forcing People to Choose Is Paternalistic.
- Commentary.(response to Phyllis E. Mann and Adele Bernhard in this issue, p. 715, 831)(Symposium: Broke and Broken: Can We Fix our State Indigent Defense System?)
- Risky Business: Breakfast Sandwiches, Course of Employment, and Revisiting Missouri Workers' Compensation Law.
- Between the Sword and a Hard Place: Systemic Solutions to the Shortcomings of the Missouri Public Defender System.
- Judicial dismissal in the interest of justice.
- Two tests of severance: procedural and substantive constitutional violations and the legislative process in Missouri.
- To construe or not to construe: at the interface between claim construction and infringement in patent cases.
- Platform Privileges: A Framework for How Antitrust Law Should Police Digital Platforms' Use of Material Non-Public Information.
- A 'Holding Company Exception' to Hertz?
- Getting away with murder (most of the time): Civil War era homicide cases in Boone county, Missouri.(IV. The Effects of Slavery and Race on Boone County Homicide Prosecutions C. Race and Murder After the Civil War through VII. Conclusion, with footnotes, p.362-390)
- Where the judiciary prosecutes in front of itself: Missouri's unconstitutional juvenile court structure.(I. Introduction through IV. Why We Should Care A. The Juvenile Officer's Role Is an Anachronism, p. 1245-1275)(Bombshell or Babystep? The Ramifications of Miller v. Alabama for Sentencing Law and Juvenile Crime Policy)
- The Unappealing Nature of Guilty Plea Agreements: Johnson's Restrictions on Appeals of Intellectual Disabilities.
- Should the Federal Circuit Stand Down on Standing?
- Internet giants as quasi-governmental actors and the limits of contractual consent.
- Implementing Online Dispute Resolution in MO HealthNet Appeals: Increasing Access to Remedies While Decreasing State Spending.
- Monetary damages under the Lanham Act: Eighth Circuit holds actual confusion is not a prerequisite.
- Chemtrails and Solar Geoengineers: Governing Online Conspiracy Theory Misinformation.
- How to solve (or avoid) the exactions problem.
- Frederick Douglass' Constitution: from Garrisonian abolitionist to Lincoln Republican.
- Plea Bargaining: From Patent Unfairness to Transparent Justice.
- The Missouri plan in national perspective.
- Fishy Class Certification: A Packaged Tuna Antitrust Case and a Shift in Class Certification Standards.(Olean Wholesale Grocery Coop., Inc. v. Bumble Bee Foods LLC)
- The disaggregated state in transnational environmental regulation.
- Imputed liability: How to determine when parent companies should be held liable for the patent infringements of their subsidiary companies.
- Preparing students for democratic participation: why teacher curricular speech should sometimes be protected by the First Amendment.
- Notice and remedies in copyright licensing.
- The Most Dangerous Branch of Science? Reining in Rogue Research and Reckless Experimentation in Social Services.
- Have Your Cake and Eat It Too (Unless You Are Danny Brock): The Irony of Missouri's Co-Employee Liability Statute.
- Ferguson: footnote or transformative Event?
- SYMPOSIUM FOREWORD.(a)(A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin's "The Cycles of Constitutional Time")