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. 3, Summer

Beyond Equality and Adequacy: Equal Protection, Tax Assessments, and the Missouri Public School Funding Dilemma
Committee for Educational Equality v. State of Missouri, 294 S.W.3d 477 (Mo. 2009) (en banc). I. INTRODUCTION The Missouri Constitution guarantees a free public education for all school-age children until the age of twenty-one for the purpose...
Commentary
Good morning, ladies and gentlemen. I am delighted to be here and to have the opportunity to comment on my colleagues' remarks. I also welcome the chance to share with you my perspectives about indigent defense in the United States and here in Missouri....
Counselor, Stop Everything! Missouri's Venue Statutes Receive an Expansive Interpretation
State ex rel. Kansas City Southern Railway Co. v. Nixon, 282 S.W.3d 363 (Mo. 2009en banc). I. INTRODUCTION In 2005, the Missouri plaintiffs' bar inadvertently revealed just how much it benefitted from the state's pre-reform venue statute. (1)...
Ensuring the Ethical Representation of Clients in the Face of Excessive Caseloads
I. INTRODUCTION The lack of adequate indigent defense funding at the state and local levels has caused a crisis. In state after state, public defenders face overwhelming caseloads that inevitably make quality legal representation for clients much...
Epiphenomenal Indigent Defense
I. INTRODUCTION There are some much-studied, recurring social events and behaviors that, although centrally important to public policy and social life, have proven intractable to explanation and prediction. As currently salient examples, consider...
Ethical Obligations of Indigent Defense Attorneys to Their Clients
I. INTRODUCTION This Article is a basic introduction to the provision of indigent defense services in state courts throughout the country and the ethical obligations of the attorneys who provide those services. First, the Article briefly quantifies...
Legal Representation for the Poor: Can Society Afford This Much Injustice?
A New Yorker cartoon depicts a lawyer facing his client, asking the critical question: "You've got a pretty good case, how much justice can you afford?" Of course, the promise is equal justice for all. But that is an aspiration, not reality. The poor...
Litigating the Ghost of Gideon in Florida: Separation of Powers as a Tool to Achieve Indigent Defense Reform
Today, the promise long ago heralded by Clarence Gideon's successful appeal (1) goes unfulfilled, as public indigent defense systems nationwide operate in perpetual crisis mode. (2) A key difficulty has been that Gideon, while surely deserving of landmark...
Missouri's Public Defender Crisis: Shouldering the Burden Alone
I. INTRODUCTION In 1984, public defender John M. "Jack" Walsh watched a jury sentence his client, Mose Young, to die for a triple homicide during the robbery of a St. Louis pawn shop. (1) Although Walsh was an experienced public defender, he presented...
Protecting the Innocent: Part of the Solution for Inadequate Funding for Defenders, Not a Panacea for Targeting Justice
I. INTRODUCTION In this Article, I examine an important connection between society's concern with innocence--fueled by numerous wrongful convictions revealed by newly available DNA testing--and past and future progressive changes in criminal justice...
Public Defender Elections and Popular Control over Criminal Justice
Voters in the United States select some of the major actors in criminal justice, but not all of them. Among the major figures in the criminal courtroom, voters typically elect two of the three: the prosecutor and the judge, but not the public defender....
Raising the Bar: Standards-Based Training, Supervision, and Evaluation
I. CHANGES IN THE LEGAL PROFESSION THAT MAKE STANDARDS ESSENTIAL I enrolled in the Criminal Defense Clinic during my third year at NYU Law School and immediately enjoyed criminal court practice. Motivated by the responsibility of client representation,...
Resurrection of a Dead Remedy: Bringing Common Law Negligence Back into Employment Law
Missouri Alliance for Retired Americans v. Department of Labor and Industrial Relations, 277 S.W.3d 670 (Mo. 2009) (en banc). I. INTRODUCTION Prior to the enactment of workers' compensation laws (1) across the United States and in Missouri, many...
Silencing the Rebel Yell: The Eighth Circuit Upholds a Public School's Ban on Confederate Flags
B.W.A. v. Farmington R-7 School District, 554 F.3d 734 (8th Cir. 2009). I. INTRODUCTION Forty years ago, United States Supreme Court Justice Abe Fortas called the public school classroom the "marketplace of ideas" (1) in his majority opinion...
State Constitutional Challenges to Indigent Defense Systems
I. INTRODUCTION For many years, the primary vehicle that advocates used to protect the fundamental right of the accused to the effective assistance of counsel was the Sixth Amendment to the united States constitution, as incorporated to the states...
Symposium: Broke and Broken: Can We Fix Our State Indigent Defense System?
Foreword I. INTRODUCTION Over 45 years ago in Gideon v. Wainwright, Justice Black proudly proclaimed: The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it ...
The Role of Invidious Discrimination in Free Exercise Claims: Putting Iqbal in Its Place
Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). I. INTRODUCTION Ashcroft v. Iqbal has been widely discussed for three reasons: (1) its extension of Twombly's pleading standard (1) to cases outside the realm of antitrust suits, (2) its application...
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