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. 76, No. 4, Fall

Apples and Oranges: Securities Market Losses Should Be Treated Differently for Major White-Collar Criminal Sentencing under the Federal Guidelines
Table of Contents I. Introduction II. The Civil Damages Origins of Market Loss at Sentencing A. Securities Fraud in Private 10b-5 Actions B. Victim Loss C. Calculation Method D. Causation 1. Transaction Causation ...
Developing the Duffy Defect: Identifying Which Government Workers Are Constitutionally Required to Be Appointed
I. Introduction In 2007, a brief article by Professor John Duffy questioned the constitutionality of the appointment method for Administrative Patent Judges. (1) Duffy argued that Administrative Patent Judges were at least inferior officers under...
Do I Own This Car? the Supreme Court Creates a Standard for BAPCPA Car Ownership
I. Introduction On Monday, October 4, 2010, reporters and other observers packed the red upholstered benches and filled the white marble courtroom of the United States Supreme Court. (1) They came to witness a newsworthy event--the first day of...
II. A Brief History of Indian Law and Policy
While each tribe has its own separate history, the struggle to maintain a separate, sovereign existence is common to most tribes, and while Pequot history has many unique elements, their struggle and ultimate triumph similarly demonstrate that the...
III. A Brief History of Indian Gaming
While commercial Indian gaming operations have sprung up only in the past quarter century, many tribes have longstanding traditions involving games of chance. (159) Blackfeet tradition recounts "how Na'pi (Old Man) brought the tribe the hoop and arrow...
IV. A Framework for Analyzing Tribal State Negotiations
Whenever a tribe's success depends on the decisions and actions of other governmental parties who have different interests, negotiation or negotiation-like processes may be inevitable. Although gaming compacts, such as the agreement between Connecticut...
Leveraging Tribal Sovereignty for Economic Opportunity: A Strategic Negotiations Perspective
Table of Contents I. Introduction II. A Brief History of Indian Law and Policy A. Early Pequot History B. Tribes as Separate Sovereigns C. Self Determination and Tribal-State Compacting 1. Education 2. Law Enforcement ...
Life without Parole, or a Juvenile Death Sentence?
I. Introduction In the recent case of State v. Andrews, the Supreme Court of Missouri faced the issue of whether sentencing a fifteen-year-old juvenile to imprisonment for life without the possibility of parole violated the Eighth Amendment's ban...
Mavericks, Moderates, or Drifters? Supreme Court Voting Alignments, 1838-2009
I. Introduction "I could carve out of a banana a Judge with more backbone than that!"-A disappointed Theodore Roosevelt, after hearing of Justice Holmes's vote in Northern Securities Co. v. United States (1) Can the president confidently predict...
Picking Fights in Missouri: Baldwin's Non-Rule Embraces the Minority Approach to Internet Libel Jurisdiction
I. Introduction Personal jurisdiction is not a new concept. Rather, it is one of the oldest principles that form the foundation and structure of the U.S. court system. Thus, when the Internet became available to the general public in 1995, (1) courts...
Sticks and Stones: IIED and Speech after Snyder V. Phelps
I. Introduction On March 3, 2006, Marine Lance Corporal Matthew Snyder died while serving a tour of duty in Iraq. (1) After hearing of his funeral, members of the Kansas-based Westboro Baptist Church attended and protested the Maryland ceremony...
The Cost of a Tax Agenda: The Passage of Proposition A and Its Effects on Kansas City and St. Louis City
I. Introduction Eight dollars and sixty-seven cents per vote is what one Missouri resident recently spent to promote a successful ballot initiative that threatens to destabilize municipal budgets in the state's two largest cities. Rex Sinquefield...
VIII. Conclusion
Although Seminole eviscerated IGRA's mechanism for balancing tribal and state interests, tribes are still able to negotiate gaming compacts that advance tribal interests. The agreement concluded between the Seneca Nation of Indians and the State of...
VII. Major Shifts in the Negotiation Landscape
Given the enormous success of Foxwoods, tribes from all over the United States began to push for gaming compacts. Sometimes those compacts came easily, and other times the states were obstructionist. Each side also made moves "away from the table"...
VI. Round 2: Negotiating Slots at Foxwoods
A. Context of Negotiating Slots at Foxwoods When Governor Weicker took office in early 1991, the state was in the throes of a financial crisis. Projections indicated that for the 1990-91 fiscal year ending June 30 Connecticut would incur a deficit...
V. Round 1: The Initial Casino Negotiations
In early 1989, after the passage of IGRA, the Pequots announced that they intended to build a casino alongside their bingo hall. (273) The tribe sought to negotiate a compact with the State of Connecticut, but officials declined. (274) The attorney...