Missouri Law Review

Founded in 1936, the Missouri Law Review is a law journal published quarterly by the University of Missouri at Columbia.

Articles from Vol. 75, No. 4, Fall

Are You My Mother? Missouri Denies Custodial Rights to Same-Sex Parent
White v. White, 293 S.W.3d 1 (Mo. App. W.D. 2009), transfer denied, No. SC90330, 2009 Mo. LEXIS 474 (Mo. Oct. 6, 2009). I. INTRODUCTION Who should qualify as a parent? Courts have grappled with this question for decades. To one court, "[t]he...
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Constitutional Interpretation through a Global Lens
I. INTRODUCTION In the wake of Lawrence v. Texas (1) and Roper v. Simmons, (2) most of the legal world in the United States was alerted to the existence of constitutional comparative analysis. (3) Reactions to the use of non-U.S. persuasive authority...
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Cut and Run? Tuition Reimbursement and the 1997 IDEA Amendments
Forest Grove School District v. T.A., 129 S. Ct. 2484 (2009). I. INTRODUCTION Special education advocates in the United States face financial and legal barriers everyday in their quest to uphold the rights of special needs children in public...
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Death of the Challenge to Lethal Injection? Missouri's Protocol Deemed Constitutional Yet Again
Clemons v. Crawford, 585 F.3d 1119 (8th Cir. 2009). I. INTRODUCTION Lethal injection is currently the predominant form of execution nationwide. (1) Most proponents of this method cite the convenience and the humanity of this procedure over past...
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One Prong, Two Prong, Many Prongs: A Look into the Economic Substance Doctrine
Klamath Strategic Investment Fund ex rel. St. Croix Ventures v. United States, 568 F.3d 537 (5th Cir. 2009). I. INTRODUCTION Almost every federal circuit, as well as Congress, has weighed in on the economic substance doctrine and attempted to...
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Strict in Theory, but Accommodating in Fact?
I. INTRODUCTION The origins of the strict-scrutiny test have been the subject of much academic debate. (1) According to some accounts, the roots of the test can be traced to the Supreme Court's decision in Korematsu v. United States, a widely criticized...
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Strip Searches of Students: Addressing the Undressing of Children in Schools and Redressing the Fourth Amendment Violations
Table of Contents I. INTRODUCTION II. STRIP SEARCHES IN SCHOOLS: NEW JERSEY V. T.L.O. AND ITS PROGENY A. Prong One: Justified at its Inception 1. The Sliding Scale Approach 2. Individualized Suspicion B. Prong Two: Scope of...
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The Employees' Decade: Recent Developments under the MHRA and the Employers' Potential Rebound
I. INTRODUCTION The law of unintended consequences provides that any action by people or the government will have effects that are unanticipated and unintended. (1) Yet, a failure to recognize this principle is generally not the problem. The problem...
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