Missouri Law Review
- There but for the grace of God go I: the right of cross-examination in social security disability hearings.
- An economics perspective on the exclusionary rule and deterrence.
- Missed the Mark: The Supreme Court of Missouri's faulty application of strict scrutiny to the right to bear arms.
- Why bias challenges to administrative adjudication should succeed.
- Caught in the Crossfire: Eighth Circuit Inconsistencies in Judicial Review and Mental Health Hardship to Citizen Children.
- The SEC, Fraud, and Cryptocurrencies.
- "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.
- Unconditional acceptance: the Supreme Court of Missouri's interpretation of Missouri Revised Statutes section 167.131.
- Intent or Opportunity? Eighth Circuit Analyzes Intent Element of Generic Burglary.
- Strip searches of students: addressing the undressing of children in schools and redressing the Fourth Amendment violations.
- "Heads I win, tails you lose": The End of Employers' Exploitation of the Federal Arbitration Waiver Prejudice Requirement.
- Lessening the rehabilitative focus of the Federal Juvenile Delinquency Act: a trend towards punitive juvenile dispositions?
- Check Yes for Checkpoints: Suspicionless Stops and Ramifications for Missouri Motorists.
- State drug testing requirements for welfare recipients: are Missouri and Florida's new laws constitutional?
- Sticks and stones: IIED and speech after Snyder v. Phelps.
- Monetary damages under the Lanham Act: Eighth Circuit holds actual confusion is not a prerequisite.
- Banning the Box in Missouri: A Statewide Step in the Right Direction.
- Ferguson: footnote or transformative Event?
- Confusion in the Time of COVID: The Supreme Court's Lack of Clarification in Balancing a Public Health Emergency and the Constitutional Right to Free Exercise.
- Intangible Harms, Tangible Consequences: Analyzing the Impact of TransUnion on Standing to Sue for Data Breach.
- The corporate gatekeeper in ethical perspective.
- Drawing on the Constitution: an empirical inquiry into the constitutionality of warrantless and nonconsensual DWI blood draws.
- Federal Common Law's Long Shadow: Shedding Light on State Law Rights to Postpetition Default Interest.
- Vouching for Fair Housing: Landlords' Duty to Accept Housing Vouchers as Reasonable Accommodations for Handicapped Tenants.
- Science, politics, and administrative legitimacy.
- 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)
- Big Sports Have Big Environmental and Social Consequences.
- It's Dispositive: Considering Constitutional Review for First Amendment Retaliation Claims.
- Foreword.
- The Supreme Court of Missouri splashes with precedent in waterslide injury case.
- Access to education: transgender students in Missouri's public education system.
- Falling through the cracks: Missouri amends its felon firearm possession statute.
- Exhuming Brutus: Constitutional Rot and Cyclical Calls for Court Reform.(A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin's "The Cycles of Constitutional Time")
- There must be a better way: the unintended consequences of Missouri's Hancock Amendment.
- Ending Political Discrimination in the Workplace.
- Missouri's school transfer law: not a Hancock violation but a mere bandage on wounded districts.
- We the people: a needed reform of state initiative and referendum procedures.
- Democratic Culture and Democratic Shocks: The Limits of Constitutional Cycles.(A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin's "The Cycles of Constitutional Time")
- Request Denied: Retaliation Under Title VII for a Request for Religious Accommodation.
- The Clobes Conundrum: Why Muldrow Should Not Apply to Hostile Work Environment Claims and How the Eighth Circuit Got It Right.
- The creation of transnational administrative structures governing Internet communication.
- Resuscitating hospital enterprise liability.
- Foreword: Requiem for Impeachment?(Symposium: The Two Impeachments of Donald J. Trump)
- Why only Gideon? Martinez v. Ryan and the "equitable" right to counsel in habeas corpus.
- In re N.L.B. v. Lentz: the Missouri Supreme Court's unwarranted extension of a putative father's constitutional protections.
- Missouri's Hangover: Wine-ing about Direct-to-Consumer Prohibition: Sarasota Wine Mkt., LLC v. Schmitt.
- Strict in theory, but accommodating in fact?
- Children Sentenced to Die in Prison: Why a Lifetime Behind Bars is No Longer Justified for Juvenile Offenders.
- Patent law's unpredictability doctrine and the software arts.
- Canines on campus: companion animals at postsecondary educational institutions.
- No, you "stand up": why prosecutors should stop hiding behind grand juries.
- At the Edge of Objectivity: The Missouri Court of Appeals' Deference to a Seemingly Subjective Assessment of Prejudice Under Strickland.
- Pulling the taxpayer's sword from the stone: the appropriation requirement of Missouri's Hancock Amendment.
- Missouri abolishes the corroboration rule and the destructive contradictions doctrine: a victory for victims of sexual assault?
- After Hobby Lobby: the "religious for-profit" and the limits of the autonomy doctrine.
- Unconstitutional State Special Laws: Is Rational Basis Review the Rational Solution?
- "Secret" prior art: does prior art in a provisional patent application bar future patents?
- Defending the historic preservation tax credit.
- Differentiating the Federal Circuit.
- Incarcerated childbirth and broader "birth control": autonomy, regulation, and the state.
- A Systems Theory of Tort Law: Reevaluating the Case Against "Regulation by Litigation".
- Defining Diversity: Challenges to Diversity, Equity, and Inclusion Efforts in a Post-Affirmative Action America.
- The Eighth Circuit Further Complicates Plaintiff Standing in Data Breach Cases.
- 'We buy houses': a foreclosure rescue as the solution to the trapped homeowner equity problem.
- Foreword: thank you, Dale.
- Leveraging tribal sovereignty for economic opportunity: a strategic negotiations perspective.
- Creating an Impossible Burden: State ex rel. Becker v. Wood and Prosecutorial Vindictiveness.
- Cut and run? Tuition reimbursement and the 1997 IDEA amendments.
- The currently mandated myopia of Rule 10b-5: pay no attention to that manager behind the mutual fund curtain.
- Probable intent vs. certainty: the Missouri Probate Court and the Uniform Probate Code.
- Made in the Midwest: Missouri's Puppy Mill Problem and How It Should Be Fixed.
- Religious expression and the penal institution: the role of damages in RLUIPA enforcement.
- It's probable: Missouri Constitution article I, Section 15 requires a higher standard to obtain a warrant for real-time or prospective CSLI.
- Once and Future Nudges.
- Race and the Cycles of Constitutional Time.(A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin's "The Cycles of Constitutional Time")
- Parties, interest groups, and systemic change.
- Utilizing Behavioral Insights (Without Romance): An Inquiry into the Choice Architecture of Public Decision-Making.
- Muddied Waters: A Review of Joint Venture Jurisprudence in Missouri.
- Homelessness at the cathedral.
- The Uncertain Future of Felon Disenfranchisement.
- From Sheltering to Sentencing: An Examination of Immigrant Harboring Under 8 U.S.C. [section] 1324.
- Improving tax incentives for wind energy production: the case for a refundable production tax credit.
- The Press and the Expectation of Executive Counterspeech.
- Building trust and breaking down the wall: the use of restorative justice to repair police-community relationships.
- Foreword: David Fischer, the fox.
- Second Injury Funds Nationally and in Missouri: Liability, Functionality, and Viability in Modern Times.
- Gutting Bivens: How the Supreme Court Shielded Federal Officials from Constitutional Litigation.
- Public defender elections and popular control over criminal justice.
- Consideration of genetic connections in child custody disputes between same-sex parents: fair or foul?
- Born-Again RFRA: Will the Military Backslide on its Religious Conversion?(Religious Freedom Restoration Act of 1993)
- Children Are Our Future: Resurrecting Juvenile Rehabilitation Through 'Raise the Age' Legislation in Missouri.
- Gubernatorial Influence in Merit-Based Judicial Selection: Kansas, Missouri, and Colorado, 2012-2021.
- The 'raised eyebrow' test produces further head-scratching: punitive damages in Ondrisek v. Hoffman.
- Are We All in This Together? Enforcing Class Arbitration Waivers.
- "Equal Outcomes": A Constitutional Comparison of Gender Equality Guarantees in the United States and South Africa.
- OSHA and Public Health in an Emergency and a Culture War.
- RFRA rights revisited: substantial burdens, judicial competence, and the religious nonprofit cases.
- The foreclosure purchase by the equity of redemption holder or other junior interests: when should principles of fairness and morality trump normal priority rules?
- The split on sanctioning pro se litigants under 28 U.S.C.
- Reinforcing Autonomy: Legal Ethics and Constitutional Compliance in Indigent Criminal Defense.
- The ethical exploitation of the unrepresented consumer.
- Incarcerated childbirth and broader 'birth control': autonomy, regulation, and the state.
- The debate on whether life sentences should be considered: Will Missouri's proportionality review remain meaningful?
- Two tests of severance: procedural and substantive constitutional violations and the legislative process in Missouri.
- Foundational and Contemporary Court Confidentiality.
- Judicial dismissal in the interest of justice.
- Not taking care of business: state responses to the Employee Free Choice Act, preemption, and the NLRA.
- Supreme Court decision on juvenile sentencing results in cruel and unusual difficulties for Missouri.
- A blatant inequity: contributions to the common benefit fund in multidistrict litigation.
- Libertarian Quasi-Paternalism.
- Risky Business: Breakfast Sandwiches, Course of Employment, and Revisiting Missouri Workers' Compensation Law.
- Out for Blood: The Expansion of Exigent Circumstances and Erosion of the Fourth Amendment.
- Anti-bribery legislation in the United States and United Kingdom: a comparative analysis of scope and sentencing.
- Do retention elections work?
- Are you my mother? Missouri denies custodial rights to same-sex parent.
- Hostile takeover: the State of Missouri, the St. Louis School District, and the struggle for quality education in the inner-city: Board of Education of the City of St. Louis v. Missouri State Board of Education.
- Still disconnected: current failures of statutory approaches to bullying prevention in schools.
- Foreword.
- Caught in a Haze: Ethical Issues for Attorneys Advising on Marijuana.
- Distinguishing judges: an empirical ranking of judicial quality in the United States Courts of Appeals.
- Do as I Say, Not as I Do: The Foreign Tax Credit Regulations' Focus on the Terms of Foreign Tax Law.
- Grand theft auto loans: repossession and demographic realities in title lending.
- Giving a voice to the inanimate: the right of a corporation to political free speech.
- Secrets of the Deep: Defining Privacy Underwater.
- Juvenile lifers and judicial overreach: a curmudgeonly meditation on Miller v. Alabama.
- Cloaking a challenge to Missouri's marriage amendment with a challenge for survivor benefits.
- Dealing with trans-territorial executive rule-making.
- Setting a better standard: evaluating jail officials' constitutional duties in preventing the sexual assault of pretrial detainees.
- Staking a claim on the building blocks of life: human genetic material within the United States patent system.
- Behavioral Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments Against No-Surcharge Laws.
- Between the Sword and a Hard Place: Systemic Solutions to the Shortcomings of the Missouri Public Defender System.
- When efficiency arguments fail: the counter-intuitive effects of amended rule 78.07(c).
- Be Careful What You Wish for: Impeachment in the Trump Era.(Symposium: The Two Impeachments of Donald J. Trump)
- Symposium: broke and broken: can we fix our state indigent defense system?
- Taking in strays: a critique of the stray comment doctrine in employment discrimination law.
- How to solve (or avoid) the exactions problem.
- Dusting off the Blaine Amendment: two challenges to Missouri's anti-establishment tradition.
- We have to do better: attacking teacher tenure is not the way to solve education inequity.
- A Contractual Dilemma: Where Arbitration Agreements and Delegation Provisions Collide.
- Raising the Bar: The Ninth Circuit's Troubling Interpretation of the Federal Foreclosure Bar.
- Mistake and disclosure in a model of two-sided informational inputs.
- Fast-track sentencing: a potential solution to the divisive discretion.
- Religious & philosophical exemptions to mandatory school vaccinations: who should bear the costs to society?
- "Make Him an Offer He Can't Refuse": Mezzanatto Waivers as Lynchpin of Prosecutorial Overreach.
- Getting away with murder (most of the time): Civil War era homicide cases in Boone county, Missouri.
- Unfair housing on the Internet: the effect of the Communications Decency Act on the Fair Housing Act.
- Less is more: decluttering the state action doctrine.
- The Crawford confusion marches on: the confrontation clause and hearsay laboratory drug reports.
- Civil or criminal? Deciding whether a law may be applied retrospectively yet constitutionally in Missouri.
- A Missouri citizen's guide to red light cameras.
- Qualifying for the Title VII religious organization exemption: federal circuits split over proper test.
- Uncorrected Injustice: Plain Error Review of Misapplied Sentencing Law.
- Missouri Shows the True Meaning of the "Show-Me" State: Missouri's Unfounded Hesitation to Enact a Prescription Drug Monitoring Program.
- Indoctrination and Social Influence as a Defense to Crime: Are We Responsible for Who We Are?
- Impeachment in a System of Checks and Balances.(Symposium: The Two Impeachments of Donald J. Trump)
- Protecting the innocent: part of the solution for inadequate funding for defenders, not a panacea for targeting justice.
- Statutory interpretation in Missouri.
- Copycats, relax! The Federal Circuit lightens up on willful patent infringement: In re Seagate Technology, LLC.
- The Eighth Circuit allows a child tax credit exemption in bankruptcy proceedings: a minty fresh start or abuse of the system?
- Taking in strays: a critique of the stray comment doctrine in employment discrimination law.
- Pretext without context.
- A read-the-bill rule for Congress.
- Slurred speech and double vision: Missouri's Supreme Court is unsteady on DWI standard: York v. Director of Revenue (1).
- Evaluating the special needs doctrine in the context of higher education.
- The doctrine of substantial overbreadth: a better prescription for "strong medicine" in Missouri.
- Pretext in peril.
- The Missouri plan in national perspective.
- "Loss" revisited: A defense of the centerpiece of the federal economic crime sentencing guideline.
- Money Doesn't Grow on Trees: Civil Asset Forfeiture Reform is a Necessary Precursor to Police Reform.
- Why doctors shouldn't practice law: the American Medical Association's misdiagnosis of physician non-compete clauses.
- Financing long-term care in Missouri: limits and changes in the wake of the Deficit Reduction Act of 2005.
- Medical monitoring: Missouri's welcomed acceptance.
- A Social Norm Theory of Regulating Housing Speech Under the Fair Housing Act.
- "We buy houses": market heroes or criminals?
- Too close for comfort: protecting agriculture in an urban age: Labrayere v. Bohr Farms, LLC.
- Have Your Cake and Eat It Too (Unless You Are Danny Brock): The Irony of Missouri's Co-Employee Liability Statute.
- Compromising Trust.(A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin's "The Cycles of Constitutional Time")
- Making judge-speak clear amidst the Babel of lawspeakers.
- From one pocket to the other: the abuse of real estate investment trusts deductions.
- Fisher v. University of Texas at Austin: Grutter (not) revisited.
- Exporting the Missouri plan: judicial appointment commissions.
- Jim Devine's 'Show Me Spirit'.
- Nudges for Health Policy: Effectiveness and Limitations.
- Law deans in jail.
- Law deans in jail.
- Insider Trading Under Sarbanes-Oxley: Bypassing the Personal Benefit Test.
- Pragmatism over politics: recent trends in lower court employment discrimination jurisprudence.
- "The sword has not yet fallen": Is Administrative Guidance Jeopardizing Constitutional Rights?(School of the Ozarks, Inc. v. Biden)
- Missouri's public defender crisis: shouldering the burden alone.
- Rethinking IOLTA.
- Felon Disfranchisement in Missouri: 1821-1970.
- The farmer and the tax man: the scope of the tax forgiveness provision in Chapter 12 bankruptcy.
- Posner Tackles the Pro Se Prisoner Problem: A Book Review of Reforming the Federal Judiciary.
- Protecting the living and the dead: how Missouri can enact a constitutional funeral-protest statute.
- The context of ideology: law, politics, and empirical legal scholarship.
- Sound and fury: Substantial evidence in State v. Bruner.
- "Equal exposure" brews frustration for employees: court filters personal comfort doctrine through workers' compensation amendments.
- Justifying facial discrimination by government defendants under the Fair Housing Act: which standard to apply?
- Religious Organizations in Missouri Continue to Escape Liability in Negligence Actions Involving Abuse of Children Under the Guise of the First Amendment.