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. 74, No. 4, Fall

A Recipe for Bias: An Empirical Look at the Interplay between Institutional Incentives and Bounded Rationality in Prosecutorial Decision Making
I. Introduction II. The Prosecutor's Conflicting Roles A. The Dangers of Overzealous Advocacy B. Why the Duty to Advocate Can Trump Justice Obligations C. An Illustration: The Central Park Jogger Case III. Psychological Implications of Systems...
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
I. INTRODUCTION Missouri has been home to many of the landmark moments in the struggle for racial equality. (2) The Missouri Compromise saved the Union; almost four decades later, the determination that Missouri slave Dred Scott was mere property...
Not Taking Care of Business: State Responses to the Employee Free Choice Act, Preemption, and the NLRA
I. INTRODUCTION In 2009, Senator Ted Kennedy (D-MA) and Representative George Miller (D-CA) introduced legislation in their respective chambers that would significantly change how workers form unions under the National Labor Relations Act (NLRA)....
Seconds Anyone? Using the Missouri SVP Law to Punish after Time Served: In Re Care and Treatment of Van Orden
I. INTRODUCTION For nearly a century, the United States Supreme Court has recognized states' right to involuntarily commit persons who have shown a pattern of sexual violence, are unable to control their behavior, and thus are likely to reoffend...
The Hundred-Years War: The Ongoing Battle between Courts and Agencies over the Right to Interpret Federal Law
I. INTRODUCTION II. THE HISTORY AND TYPES OF NONACQUIESCENCE A. The Struggle to Define the General Standard for Court Review of Agency Interpretations of Federal Statutes B. The Slow Realization of the Nonacquiescence Problem III....
The Missouri Eminent Domain Reforms of 2006 "Good Faith Negotiation" Requirement: Cities Can Use Illegitimate Appraisals under Kansas City V. Ku
City of Kansas City v. Ku (1) I. INTRODUCTION In 2006, following a wave of public outcry over the Kelo v. City of New London decision (2) and the "disaster" in Sunset Hills, Missouri, (3) the legislature enacted the 2006 Eminent Domain Reforms....
The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent
I. INTRODUCTION II. DETERRING INFRINGEMENT WITH REASONABLE ROYALTY AWARDS A. Brief Introduction to Patent Infringement Damages B. Patent Damages as Pecuniary Compensation C. Inflation of the Reasonable Royalty Measure of Damages ...
Too Much Risk: The Impact of Class Action Lawsuits on Claims Made Insurance Policies: H & R Block, Inc. V. American International Specialty Lines Insurance Co
I. INTRODUCTION Class action lawsuits arise in a variety of contexts. While no firm data exists on the total number of class actions filed nationally per year or the types of class actions filed, (2) the breadth of activity that may give rise to...
Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis of Physician Non-Compete Clauses
I. INTRODUCTION In its model rules, the American Bar Association (ABA) adopted a restriction on an attorney's ability to enter into non-compete clauses. The American Medical Association (AMA) has no such restriction. This Article discusses the history,...

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