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. 1, Winter

Curt Flood and a Triumph of "The Show Me" Spirit
I. Introduction Curt Flood was not a Show Me State native. (1) Born in Houston, Texas, in January 1938, the last of six children, Flood moved as a child with his family to Oakland, California. (2) From early on, Flood "was precociously coordinated."...
Curt Flood and "The Show Me" Spirit
Introduction My dad loved the law and baseball. He also loved to combine the two. His first love was baseball. He grew up in New Jersey and quickly became a Brooklyn Dodgers fan after attending numerous games with his father, Dick. He was heartbroken...
Defending the Historic Preservation Tax Credit
I. Introduction Historic preservation is not merely "sav[ing] old buildings in order to save old buildings." (1) The preservation of historic buildings is not an end in itself, but a means to accomplish so much more. (2) The end result of historic...
Grand Theft Auto Loans: Repossession and Demographic Realities in Title Lending
This Table illustrates that, assuming customers paid off their first loan without defaulting or rolling over, at the very least, title lenders grossed over $647 million in New Mexico in 2004. They grossed over $437 million in 2005, over $353 million...
II. A Primer on Termination of Parental Rights
xxx The right to the care, custody, upbringing, education, and nurturing of one's child is a fundamental, (23) constitutional, (24) and essential (25) right. While a parent enjoys a presumption of parental prerogative, (26) parental rights are not...
III. Poverty, Rurality, and Termination
A. Poverty as Grounds for Termination Poverty frequently plays a role in child removal and failed reunification, (81) with studies indicating that "[o]nly when there is no adequate source of income are the children more likely to be removed, and...
I. Introduction
Embedded in the national consciousness, espoused by folklore and the media, is the notion that rural families live the good life. (1) Fathers work the land to provide for the family while mothers attend to domestic chores, and children play safely...
IV. Snapshots of Termination in Rural Places
Many realities of rural living and the accompanying socioeconomic, structural, and spatial hurdles described in Part III weigh against parents in termination proceedings. A parent's residence in a rural place can play a significant role in termination...
Jim Devine's "Show Me Spirit"
Foreward I am pleased to have been asked by the editors of the Missouri Law Review to write this short introduction to Associate Dean Jim Devine's final Article: "Curt Flood and a Triumph of the Show Me Spirit." (1) It provides a wonderful window...
Missouri's Foggy Fog Line Law
I. Introduction When told that crossing the fog line is not sufficient grounds for a traffic stop in Missouri, most people will answer, "What is the fog line?" Though the term may be unfamiliar to many, anyone who drives would recognize the object...
Monetary Damages under the Lanham Act: Eighth Circuit Holds Actual Confusion Is Not a Prerequisite
I. Introduction While the Lanham Act provides a cause of action against trademark infringers, some courts have limited the types of relief accessible to the trademark owners according to the type of evidence presented at trial. (1) The text of the...
Not So Special after All: How Mayo Granted the Treasury Unfettered Rule-Making Discretion
Mayo Foundation for Medical Education and Research v. United States, 131 S. Ct. 704 (2011). I. INTRODUCTION The ability of executive agencies to promulgate rules is an important and vital function in American government. Due to the sheer complexity...
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...
Trapped: Missouri Legislature Seeks to Close Workers' Compensation Loophole with Some Co-Employees Still Inside
Robinson v. Hooker, 323 S.W.3d 418 (Mo. App. W.D. 2010), transfer denied, No. SC91216, 2010 Mo. LEXIS 291 (2010) (Mo. Nov. 16, 2010). "Currently, all Missouri workers are at risk of being sued and held liable for honest accidents at work and that...
VI. Conclusion
As I have indicated in my dissents to other termination cases, the State seems to be running amok, spouting pop psychology and terminating parental rights in cases where it is clearly not necessary to do, particularly in cases of poor and otherwise...
V. Place-Specific Policy Recommendations
Policymakers often disregard or are unaware of differences between rural and urban living. Rural residents account for about one-fifth of America's population, (215) but they are frequently invisible or forgotten by law- and policy-makers. (216) As...