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. 82, No. 3, Summer

Are We All in This Together? Enforcing Class Arbitration Waivers
Cellular Sales of Mo., LLC v. NLRB, 824 F.3d 772 (8th Cir. 2016) I. INTRODUCTION Mandatory class arbitration waivers are increasingly common in employment agreements. (1) It is estimated that forty-three percent of companies have mandatory class...
Banning the Box in Missouri: A Statewide Step in the Right Direction
I. INTRODUCTION Seventy million. That is a rough estimate of the number of people in the United States who have some sort of criminal record. (1) Further, it is well evidenced that some demographic groups have higher criminal record rates than the...
Behavioral Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments against No-Surcharge Laws
I. INTRODUCTION Should merchants be permitted to charge a consumer a higher price if the consumer wants to pay with a debit or credit card than if she uses cash or the retailer's proprietary credit card? In 2017, the Supreme Court heard argument...
Check Yes for Checkpoints: Suspicionless Stops and Ramifications for Missouri Motorists
State v. Biggerstaff, 496 S.W.3d 513 (Mo. Ct. App.), transfer denied (Mo. June 28, 2016) I. INTRODUCTION One of the great advantages of living in a free society is the enjoyment of general privacy and freedom from unwarranted interference in...
Embry-Uh-Oh: An Alternative Approach to Frozen Embryo Disputes
I. INTRODUCTION How can two cells--a sperm and an egg--generate so many issues? Consider this example: a couple has difficulty bearing children without medical assistance, (1) so they embark on the journey of in vitro fertilization ("IVF"). IVF,...
Forcing People to Choose Is Paternalistic
I. INTRODUCTION When you enter a taxicab in a large city, and ask to go to the airport, you might well be asked this question: "What route would you like me to take?" If you are like many people, you will not welcome that question. You might...
From Gadfly to Nudge: The Genesis of Libertarian Paternalism
Nearly a decade has passed since Richard H. Thaler and Cass R. Sunstein published Nudge: Improving Decisions About Health, Wealth, and Happiness (hereinafter, "Nudge"). (1) The bestselling book drew popular attention to "libertarian paternalism," a...
Immunity from Wrongful Death Liability: How Michels Fails to Compensate: Michels V. Danrad
I. INTRODUCTION Wrongful death statutes originated out of a need to compensate the family of a decedent "whose life was wrongfully taken." (1) Closely related to wrongful death statutes are survivorship statutes, which allow for the transmission...
Is the Missouri Sales Tax Being Eroded? Examining a Conflict among the Executive, Legislative, and Judicial Branches in Missouri
Miss Dianna's Sch. of Dance, Inc. v. Dir. of Revenue, 478 S.W.3d 405 (Mo. 2016) I. INTRODUCTION Miss Dianna's School of Dance, Inc. ("the School") teaches dance lessons and instructs students on various dance techniques. (1) The School has been...
Libertarian Nudges
I. INTRODUCTION Libertarian paternalism gave birth to the nudge. (1) Under the philosophy of libertarian paternalism, a person in power seeks to create policies that steer people toward outcomes that should promote their welfare but also allow people...
Libertarian Quasi-Paternalism
I. INTRODUCTION Suppose you are in charge of designing a retirement savings plan for some group of people (e.g., employees at your firm, residents in your state) and your goal is to make the people in that group as well-off as possible. The specific...
Nudges for Health Policy: Effectiveness and Limitations
I. THE PROBLEM The United States spends a far greater proportion of its income on healthcare than other high-income nations, but we get less benefit for our efforts. (1) The United States has poor health outcomes including the lowest life expectancy...
Once and Future Nudges
I. INTRODUCTION The nudge has successfully colonized the regulatory state. (1) The success of nudges has, in turn, changed the regulatory ecosystem in which individual nudges operate. To see how the world has changed, consider the environment...
The Motivating Effects of Temporal Landmarks: Evidence from the Field and Lab
I. INTRODUCTION People often set and strive for goals in their pursuit of a better self. For example, individuals may commit to health goals, such as eating less junk food or quitting smoking; others may set relationship goals, such as being more...
Utilizing Behavioral Insights (without Romance): An Inquiry into the Choice Architecture of Public Decision-Making
I. INTRODUCTION It should be no surprise to learn that humans behave in ways that are far from optimal. Be it from poor planning or untoward circumstance, we rarely, if ever, experience the idyllic fantasy of optimality in our various day-to-day...
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