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. 78, No. 4, Fall

A Cure for Collusive Settlements: The Case for a per Se Prohibition on Pay-for-Delay Agreements in Pharmaceutical Patent Litigation
I. INTRODUCTION The legal standard for evaluating reverse payments in pharmaceutical infringement settlements (or "pay-for-delay" settlements) has become a highly controversial issue over the past decade and a half. (1) Under a pay-for-delay agreement,...
Bargaining with Bite: Missouri High Court's Constitutional Holdings Alter Public Sector Labor Law
Eastern Missouri Coalition of Police v. City of Chesterfield, 386 S.W.3d 755 (Mo. 2012); American Federation of Teachers v. Ledbetter, 387 S.W.3d 360 (Mo. 2012) I. INTRODUCTION Collective bargaining--negotiations over working conditions between...
Eighth Amendment Differentness
I. INTRODUCTION Be an opener of doors. --Ralph Waldo Emerson (1) In March 2013, I had the privilege of participating in a symposium at the University of Missouri School of Law that addressed the question of whether the United States Supreme...
Juvenile Lifers and Judicial Overreach: A Curmudgeonly Meditation on Miller V. Alabama
I. INTRODUCTION Imprisoning an adolescent for life without the possibility of release is a dreadful idea, regardless of the beastliness of the conduct that earned the sentence. Such sentences are fiscally extravagant, morally doubtful exercises...
Mill(er)ing Mandatory Minimums: What Federal Lawmakers Should Take from Miller V. Alabama
I. INTRODUCTION When the decision in Miller v. Alabama * (1) was announced, my colleagues and 1 at Families Against Mandatory Minimums (FAMM) cheered its ringing endorsement of proportionality and individualized sentencing. FAMM, after all, was...
Miller V. Alabama: What It Is, What It May Be, and What It Is Not
I. INTRODUCTION In Miller v. Alabamathe Supreme Court of the United States, in a five to four opinion written by Justice Elena Kagan, held that mandatory life imprisonment without parole for defendants convicted of murder who were under age eighteen...
Not Just Kid Stuff? Extending Graham and Miller to Adults
1. Reconciling Harmelin with Graham As to conditioning considerations, legislative deliberateness may best distinguish Graham from Harmelin. In contrast to the Graham Court's concerns regarding inadvertence, Justice Kennedy's controlling opinion...
Precedent as a Policy Map: What Miller V. Alabama Tells Us about Emerging Adults and the Direction of Contemporary Youth Services
I. INTRODUCTION Important court decisions alter legal policies and reflect the political context in which those decisions were made. Legal scholarship typically focuses on the interpretation of precedent--the cases from which a new decision draws...
Symposium Foreword
I. INTRODUCTION In June 2012, the Supreme Court of the United States decided Miller v. Alabama, holding that the Eighth Amendment prohibits mandatory sentences of life without parole (LWOP) for juveniles, regardless of the crime committed.* 1 Miller...
The Other "Missouri Model": Systemic Juvenile Injustice in the Show-Me State
I. INTRODUCTION: COMPETING REALITIES OF JUVENILE JUSTICE FOR THE SHOW-ME STATE II. THE "MISSOURI MODEL"--DIVISION OF YOUTH SERVICES AS PART OF THE STORY III. THE "OTHER" MISSOURI MODEL A. Collapsing Schools and Criminalizing Childhood...
The USERRA Oxymoron: Termination as a Valid Reemployment Position
Milhauser v. Minco Products, Inc., 701 F.3d 268 (8th Cir. 2012) I. INTRODUCTION Between 2000 and 2010, more than two million United States soldiers, marines, and sailors served in Iraq or Afghanistan. (1) At times, nearly thirty-five percent...
We the People: A Needed Reform of State Initiative and Referendum Procedures
I. INTRODUCTION The landscape of the United States' political elections has been marked by many dramatic changes in the past century. While many are quick to point to several changes in political campaigning or the shift from a voting base predominated...
Where the Judiciary Prosecutes in Front of Itself: Missouri's Unconstitutional Juvenile Court Structure
I. INTRODUCTION Missouri law structures juvenile courts in an "unusual" manner. (1) State law grants an individual known as the juvenile officer the exclusive authority to determine which child welfare or delinquency cases to file. (2) State law...

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