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. 84, No. 2, Spring

A Social Norm Theory of Regulating Housing Speech under the Fair Housing Act
INTRODUCTION Section 3604(c) of the Fair Housing Act ("FHA"), (1) which prohibits discriminatory housing advertisements and statements, compels some surprising results. It regulates the content of commercial speech in the absence of an accompanying or...
Digital Sampling V. Appropriation Art: Why Is One Stealing and the Other Fair Use? A Proposal for a Code of Best Practices in Fair Use for Digital Music Sampling
"It ain't hard to tell, I'm the new Jean Michel, Surrounded by Warhols... I'm the modern day Pablo, Picasso baby."--Jay-Z (1) INTRODUCTION "Thou shalt not steal"--so began the court opinion that effectively ended unauthorized digital sampling in the...
Endangering Missouri's Captive Cervid Industry
I. INTRODUCTION Imagine a crisp autumn morning just after the break of dawn. A young hunter sits silently, waiting and watching, basking in the subtle sunlight serenading across the Missouri landscape. Out of the corner of her eye, she sees it --a beautiful...
Neutralizing Access to Justice: Criminal Defendants' Access to Justice in a Net Neutrality Information World
TABLE OF CONTENTS ABSTRACT 323 INTRODUCTION 325 I. NET NEUTRALITY 329 A. Background...
Reconsidering Missouri's Warrant Suppression Standard
I. INTRODUCTION The search warrant is a foundational component of the American criminal justice process. Designed to limit and prevent overreach by police and other law enforcement entities, the framers of the Fourth Amendment of the United States Constitution...
Speech as Speech: "Professional Speech" and Missouri's Informed Consent for Abortion Statute
I. INTRODUCTION Does life begin at conception? Do women need to see a sonogram to make an informed decision about whether they want an abortion? Some state legislatures believe so. (1) Laws mandating politically driven doctor-patient dialogue affect...
Uncorrected Injustice: Plain Error Review of Misapplied Sentencing Law
I. INTRODUCTION Criminal convictions often result in a restriction on the defendant's freedom and a deprivation of the defendant's liberty. Given the gravity of these consequences, there are multiple procedures the court must follow not only in determining...
Widening the Power Gap: The Eighth Circuit's Stringent Requirements for Class Actions in Environmental Contamination Cases
I. INTRODUCTION Pipeline construction is booming in the United States, yet it remains a polarizing topic for many because of environmental concerns. On the one hand, pipelines bring increased energy independence for the United States and are one of the...
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