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. 3, Summer

Actual Agreement, Shared Meaning Analysis, and the Invalidation of Boilerplate: A Response to Professors Kar and Radin
"While new commerce on the Internet has exposed courts to many new situations, it has not fundamentally changed the principles of contract." (1) TABLE OF CONTENTS ABSTRACT 711 INTRODUCTION...
Breaking the Ban: Sports Gambling, Anti-Commandeering, and Lots and Lots of Money
Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018). I. INTRODUCTION While Las Vegas is now commonly considered the pinnacle of modern American gambling, this has not always been the case. (1) In the late 1970s, Atlantic City,...
Honey Badger Does Care about First Amendment Protections in Trademark Law
Gordon v. Drape Creative, Inc., 897 F.3d 1184 (9th Cir. 2018) I. INTRODUCTION In his viral YouTube video, The Crazy Nastyass Honey Badger, comedian Christopher Gordon narrates a honey badger's actions as it hunts cobras and eats larvae from a beehive:...
How Evidence of Subsequent Remedial Measures Matters
TABLE OF CONTENTS ABSTRACT 609 INTRODUCTION 613 I. BACKGROUND 615 A. Federal Rule of Evidence...
In Custodia Legis: Implied Warranty of Habitability Procedure in Missouri
Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. 2018) (en banc) I. INTRODUCTION The common law has changed drastically in its treatment of tenants who rent their living spaces from landlords. Over the course of the twentieth century, property...
Military Sexual Trauma: A Current Analysis of Disability Claims Adjudication under Veterans Benefits Law
TABLE OF CONTENTS ABSTRACT 661 I. INTRODUCTION 663 II. BACKGROUND 664 A. Military Sexual Trauma Defined ...
Safety and Efficacy of Orthopaedic Surgical Devices under the FDA's Updated Premarket Notification Program
"The enemy of good is better." (1) TABLE OF CONTENTS ABSTRACT 779 I. INTRODUCTION 781 II. FDA'S RECENT CHANGES TO THE 510(K) PATHWAY ...
Second Injury Funds Nationally and in Missouri: Liability, Functionality, and Viability in Modern Times
I. INTRODUCTION A Second Injury Fund ("SIF") is a statutory form of workers' compensation relief operating under state law. (1) SIFs allow employers to reduce their own liability for a worker's injury if part of the harm from that injury was caused by...
The Land of Opportunity Zones: Deferring Taxable Capital Gains through Investments in Low-Income Communities
I. INTRODUCTION The market reserve of unrealized capital gains in the United States has grown to an estimated $6 trillion. (1) A new program provides a novel way to incentivize investors into realizing those gains but deferring recognition, while at...
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