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. 80, No. 1, Winter

A Missouri Citizen's Guide to Red Light Cameras
I. INTRODUCTION Red light cameras are a hotly debated issue in Missouri. Many supporters argue that red light cameras reduce accidents and save lives. (1) Those opposed claim the cameras do more harm than good.2 This Summary provides a brief background...
Civil or Criminal? Deciding Whether a Law May Be Applied Retrospectively Yet Constitutionally in Missouri
State v. Wade, 421 S.W.3d 429 (Mo. 2013) (en banc). I. INTRODUCTION Although the U.S. Constitution and the constitutions of every state ban ex post facto laws, only Missouri and a minority of other states prohibit enactment of laws retrospective...
Consent Not Required: Missouri's Adoption Laws for Incapacitated Adults
DeBrodie v. Martin, 400 S.W.3d 881 (Mo. Ct. App. 2013). I. INTRODUCTION In 2013, approximately 640,000 children spent time in foster care. (1) Mentally incapacitated children in foster care are considered "hard to place" and are often placed...
Extramarital Relationships and the Theoretical Rationales for the Joint Property Rules - a New Model
ABSTRACT This Article considers the weight of extramarital relationships in determining the distribution of family properly. Under the U.S. legal system, opinions differ as to whether this fault should be a factor in distribution of family property....
Homelessness at the Cathedral
ABSTRACT This Article argues that legal restraints against homeless persons are resolved by applying certain nuisance-like approaches. By drawing on nuisance restraints that adopt property-based and social-identity information, courts and decision-makers...
Homelessness at the Cathedral
2. Hygiene Ordinances and Rules as Means of Excluding Homeless Persons A second category of public area restraints against homeless persons involves so-called hygiene ordinances. Like the anti-camping ordinances in public places, the hygiene-based...
Incarcerated Childbirth and Broader "Birth Control": Autonomy, Regulation, and the State
4. Autonomy and Safety During Labor For women outside the correctional context, preparing to deliver a child is an exercise in planning, requiring the expectant mother to make dozens of decisions large and small. While these choices are, as discussed...
Photo Identification at the Ballot: Election Protection or Voter Suppression?
I. INTRODUCTION Voting is one of the most basic rights protected by the Missouri Constitution (1) and it is the most direct way in which citizens interact with their government. Because of its vital importance, it is necessary to ensure that fraudulent...
Swing and a Miss: The Missouri Court of Appeals Attempts to Interpret Delaware Corporation Law
HCI Investors, LLC v. Fox, 412 S.W.3d 424 (Mo. Ct. App. 2013). I. INTRODUCTION The intricate details of obscure legal doctrines may sometimes veil the applicable law governing a dispute. In turn, this obscuration may sometimes lead to a court's...
There Must Be a Better Way: The Unintended Consequences of Missouri's Hancock Amendment
Zweig v. Metropolitan St. Louis Sewer District, 412 S.W.3d 223 (Mo. 2013) (en banc). I. INTRODUCTION The Hancock Amendment to the Missouri Constitution (1) became law in November 1980 after fifty-five percent of voters approved it. (2) The amendment...
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