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. 77, No. 2, Spring

Canines on Campus: Companion Animals at Postsecondary Educational Institutions
Table of Contents I. Introduction II. Federal Laws: Service Animal Versus Assistance Animal A. Americans with Disabilities Act and Section 504 of the Rehabilitation Act 1. DOJ Regulations Relating to Service Animals 2. ADA's...
Chinese Assault Rifles, Giant Pandas, and Perpetual Litigation: The "Rights without Remedies" Dead-End of the FSIA
Walters v. Industrial & Commercial Bank of China, Ltd., 651 F.3d 280 (2d Cir. 2011). I. Introduction A recent decision by the U.S. Court of Appeals for the Second Circuit involved very high-profile parties: the People's Republic of China,...
"Cost as a Sentencing Factor": A Response
I. Introduction Professor Chad Flanders offers a normative theoretical critique of including costs of punishment in Sentence Advisory Reports (SARs) that the Missouri Sentencing Advisory Commission (MOSAC) produces. (1) This approach provides a...
Cost as a Sentencing Factor: Missouri's Experiment
I. Introduction In 2010, the Missouri Sentencing Commission recommended that, in addition to offense and offender characteristics, the pre-sentencing reports prepared for sentencing judges also should include the costs of various possible sentences....
Echoes from the Past: How the Federal Circuit Continues to Struggle with Patentable Subject Matter Post-Bilski
Classen Immunotherapies, Inc. v. Biogen IDEC, 659 F.3d 1057 (Fed. Cir. 2011). I. Introduction In 2010, the United States Supreme Court levied a decision in Bilski v. Kappos that cast further doubt over what exactly constitutes patentable subject...
Getting Away with Murder (Most of the Time): Civil War Era Homicide Cases in Boone County, Missouri
C. Race and Murder After the Civil War When the War ended in the late spring of 1865, Missouri faced an unsettled future. Almost uniquely among the states of the reunited country, it could neither acclaim with one voice the return of its victorious...
II. Federal Laws: Service Animal versus Assistance Animal
The issue of allowing animals to assist persons with disabilities on campus has been challenging for postsecondary institutions. (16) Although "traditional" service animals such as guide dogs have been accommodated on campuses, the use of animals to...
III. Animal-Assisted Activity Programs
It is important to distinguish between service animals, assistance animals, and animals used for Animal Assisted Activities (AAA) and Animal Assisted Therapy (AAT). (129) AAA is more informal, takes place in a variety of environments, and is not targeted...
IV. Companion Animals in Residential Buildings
A number of studies have considered the impact of companion animals on human health. (191) Some research has established that physical contact with companion animals has a calming effect on people. (192) Other studies have found no correlation between...
Protecting the Living and the Dead: How Missouri Can Enact a Constitutional Funeral-Protest Statute
Phelps-Roper v. Koster, 734 F. Supp. 2d 870 (W.D. Mo. 2010). I. introduction The self-proclaimed "most hated family in America," the Phelpses of the Westboro Baptist Church (WBC), have caused great pain across the country. (1) Their highly publicized...
Pulling the Taxpayer's Sword from the Stone: The Appropriation Requirement of Missouri's Hancock Amendment
I. Introduction On November 4, 1980, Missouri voters approved the Hancock Amendment (Hancock) to Missouri's Constitution. (1) Hancock addressed voter concerns as to whether state and local governments could keep their taxing and spending in check....
State Drug Testing Requirements for Welfare Recipients: Are Missouri and Florida's New Laws Constitutional?
I. Introduction In recent years, there has been a proliferation of state proposals for laws requiring welfare recipients to submit to drug testing as a condition to receiving state assistance. (1) A number of these proposals provide for suspicionless,...
Taking in Strays: A Critique of the Stray Comment Doctrine in Employment Discrimination Law
I. Introduction A decision maker repeatedly used the word "boy" when addressing two African-American employees, who then did not receive a promotion for which they had applied. (1) A Puerto Rican doctor whose employer did not renew her contract...
V. Concerns about Companion Animals on Campus
Allowing companion animals on campus can be an administrative burden for institutions. Just keeping unapproved pets out of on-campus housing appears to be a constant job, if anecdotal reports are accurate. (297) One way to limit the time spent on the...
VI. Conclusion
As the title of the Bob Dylan album and song states, The Times They Are A-Changin' (367) Fortunately for administrators at postsecondary institutions, they have the ability to control most of the changes dealing with companion animals on campus. As...