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Back Issues Table of Contents

Issue 81:1 – General Interest

ARTICLES

“We, the Judges”: The Legalized Subject and Narratives of Adjudication in Reality Television by Cynthia D. Bond

The Nutty Putty Cave, The Zen Runner and Other Allegories About Life, Death, Value and Law by John W. Ragsdale, Jr.

A New Form of WMD? Driving with Mobile Devices and Other Weapons of Mass Destruction by Linda C. Fentiman

COMMENTS

Battle Scars from the Fight Between Family Law and Immigration Law: Incarcerated Immigrant Parents and Missouri’s Response by Trang Bui

Federal Habeas Behind Bars: Preserving Evidentiary Review After Cullen v. Pinholster and Harrington v. Richter by Greg Doty

Pulling An Old Dusty Weapon Out of the Drawer: The Return of Morality Police Powers to Regulate Unwanted Home-Based Businesses by Christian Nafziger

Issue 81:2 – Symposium: The Next Four Years: A Cross-Practice Analysis of Legal Issues Relevant to this Presidential Term

ARTICLES

China’s Coming Trade War with the United States by Daniel Chow

Time for Permanent Estate Tax Reform by Jeffrey A. Cooper

Breaking the Mexican Cartels: A Key Homeland Security Challenge for the Next Four Years by Carrie F. Cordero

Let Fifty Flowers Bloom: Health Care Federalism After National Federation of Independent Business v. Sebelius by Ann Marie Marciarille

Workplace Reform in a Jobless Recovery by Marcia L. McCormick

Stepping up to Sustainability by LeRoy Paddock

Protecting Patient Privacy in the Age of Big Data by Nicolas P. Terry

COMMENTS

The Inevitable Collision of Sex-Determination by Cell-Free Fetal DNA in Non-Invasive Prenatal Genetic Diagnosis and the Continual Statewide Expansion of Abortion Regulation Based on the Sex of the Child by Kevin L. Boyd

A Life for a Life: Why Death Row Inmates Should Be Allowed to Donate Their Organs Following Execution by Brandi L. Kellam

The Obese State of America: The FTC’s Ad Workout by Catherine A. Larrison

Reliance on Identification to Secure the Blessings of Liberty and Property by Catherine Wiehl

Issue 80:1

ARTICLES

Revisiting the Original “Tea Party”: The Historical Roots of Regulating Food Consumption in America by Alison Peck

Social and Legal Debate About the Affordable Care Act by Janet L. Dolgin and Katherine R. Dieterich

Changing the Estate Planning Malpractice Landscape: Applying the Constructive Trust to Cure Testamentary Mistake by Victoria J. Haneman

The Vagueness Doctrine in the Roberts Court: Constitutional Orphan by Robert Batey

Forum, Federalism, and Free Markets: An Empirical Study of Judicial Behavior Under the Dormant Commerce Clause Doctrine by Mehmet K. Konar-Steenberg and Anne F. Peterson

COMMENTS

Patenting Eden: Limiting Human Gene Ownership by Denise Mashburn

America’s Favorite “Nonprofits”: Taxation of the National Football League and Sports Organizations by Jami A. Maul

NOTES

Hijab in the Workplace: Why Title VII Does Not Adequately Protect Employees From Discrimination on the Basis of Religious Dress and Appearance by Sadia Aslam

Miranda’s Great Mirage: How Protections Against Widespread Findings of Implied Waiver Have Been Lost on the Horizon by Austin Steelman

The Benefits and Pitfalls of Adult Adoption in Estate Planning and Its Likely Outcome in Missouri by Russell E. Utter, Jr.

Issue 80:2

ARTICLES

Legal Ethics for the Millennials: Avoiding the Compromise of Integrity by Helia Garrido Hull

And the Winner Is: How Principles of Cognitive Science Resolve the Plain Language Debate by Julie A. Baker

Cash Only Doctors: Challenges and Prospects of Autonomy and Access by Jeffrey B. Hammond

Saving the LRW Professor: Using Rubrics in the Teaching of Legal Writing to Assist in Grading Writing Assignments by Section and Provide More Effective Assessment in Less Time by Beverly Petersen Jennison

Genetic Screening and Child Abuse: Can PGS Rise to the Level of Criminality? by Jacob M. Appel

Come a Little Closer So I Can See You My Pretty: The Use and Limits of Fiction Techniques for Establishing an Empathetic Point of View in Appellate Briefs by Cathren Koehlert-Page

COMMENTS

The Surprise Appearance of Padilla v. Kentucky: Practical Implications for Criminal Defense Attorneys and Possibilities for Expansion by Eric Beckemeier

The National Labor Relations Board After New Process Steel: The Case for Amending Quorum Requirements Under the National Labor Relations Act by Matthew D. Moderson

Why Can’t We All Just Get Along? The Relationship Between the Exclusionary Rule, the Good Faith Exception, and the Court’s Retroactivity Precedents After Arizona v. Gant by Tyler Regan Wood

The Collaborative Calamity: Moving Joint Authorship Analysis Toward Statutory Uniformity by Marshall W. Woody

NOTES

The Digital Millennium Copyright Act: The Protector of Anti-Competitive Business Models by Ryan J. Shernaman

Issue 79:1 – General Interest

ARTICLES

The Dispute Settlement Process of the WTO: A Normative Structure to Achieve Utilitarian Objectives by Brian Manning and Srividhya Ragavan

In the Wake of the Mortgage Bubble and Financial Crisis: What Should Securities Regulation Become? by C. George Nnona

Comparing Exceptions to Privilege and Confidentiality Relating to Crime, Fraud, and Harm – Can Hard Cases Make Good Law? by Jean Fleming Powers

Preventing Identity Theft and Other Financial Abuses Perpetrated against Vulnerable Members of Society: Keeping the Horse in the Barn Rather Than Litigating over the Cause and/or Consequences of His Leaving by Irene D. Johnson

COMMENTS

Good Governance: Has the IRS Usurped the Business Judgment of Tax-Exempt Organizations in the Name of Transparency and Accountability? by Karen Donnelly

NOTES

Murder Liability and Leaving the Scene of an Accident: An Argument for an Extension of the Felony-Murder Rule in Missouri by Kevin Brown

Missouri Asset Protection Trusts: Debunking the Vulnerability Myth and a Call for Uniformity by Joseph E. Hershewe

Affecting the Bargaining Process in Pretrial Agreement: Waiving Appellate Rights in the Military Justice System by Corey Wielert

Issue 79:2 – Symposium: Global Issues in Family Law

INTRODUCTION

Global Issues in Family Law

ARTICLES

Family Law and the Genomic Revolution by Andrew W. Torrance

Direct-to-Consumer Genetic Testing: Gatekeeping the Production of Genetic Information by Gaia Bernstein

Travel into the Future of Reproductive Technology by Richard F. Storrow

Genome Mapping and Designer Babies: A Comparative Perspective by Joan Mahoney

Conceivable Changes: Effectuating Infertile Couples’ Emotional Ties to Frozen Embryos through New Disposition Options by Jody Lyee Madeira

Negating the Genetic Tie: Does the Law Encourage Unnecessary Risks? by June Carbone

The More Things Change . . . . : Abortion Politics & the Regulation of Assisted Reproductive Technology by Beth A. Burkstrand-Reid

The Legal Treatment of Cohabitation in Poland and the United States by Anna Stepien-Sporek & Margaret Ryznar

Approaches to Protecting Victims of Intimate Partner Violence in the United States and Ireland: People, Property, and Politics by Barbara Glesner Fines

Counselors and Gatekeepers: The Professional Responsibilities of Family Lawyers in Divorces Cases by Lynn D. Wardle

The Equitable Distribution of Marital Debts by Margaret M. Mahoney

COMMENTS

Impractical Relief and the Innocent Victims: How United States Immigration Law Ignores the Right of Citizen Children by Eric Stief
NOTES

Buying a Newborn: Globalization and the Lack of Federal Regulation of Commercial Surrogacy Contracts

Issue 78:1 – General Interest

ARTICLES

Overlooking Tort Claimants’ best Interests: Non-Debtor Releases in Asbestos Bankruptcies by Joshua M. Silverstein

Sex, Drugs, Rock & Roll and Moral Dirigisme: Toward a Reformation of Drug and Prostitution Regulations by Michele Alexandre

Day Labor Markets and Public Space by Gregg W. Kettles

Trust Law and the Title-Split: A Beneficial Perspective by Kent D. Schenkel

COMMENTS

Fallen from Grace: Why Treatment Should Be Considered for Convicted Combat Veterans Suffering From post Traumatic Stress Disorder by Adam Caine

Romeo and Juliet Were Sex Offenders: An Analysis of the Age of Consent and a Call for Reform by Steve James

The Resident Remedy: A Judicial Solution to the Problem of Sleep Deprivation in Medicine by Danielle M. Scavuzzo

NOTE

Enslaving Paul by Freeing Peter: The Dilemma of Protecting Counsel’s Constitutional Rights While Providing Indigent Defendants with Effective Assistance of Counsel by Christopher D. Aulepp

Issue 78:2 – Symposium: Law, Entrepreneurship, and Economic Recovery

INTRODUCTION

Symposium on Law, Entrepreneurship, and Economic Recovery by Anthony J. Luppino

ARTICLES

A New Era of Responsibility: A Modern American Mandate for Corporate Social Responsibility by Janet E. Kerr

Fixing a Hole: Eliminating Ownership Uncertainties to Facilitate University-Generated Innovation by Anthony J. Luppino

ESSAYS

Teaching Business Lawyering in Law Schools: A Candid Assessment of the Challenges and Some Suggestions for Moving Ahead by Eric J. Gouvin

The Legal Spark by Jeff Thomas

COMMENTS

Financing an Entrepreneurial Venture: Navigating the Maze of Corporate, Securities, and Tax Law by Christopher W. Cole

Repairing the Three-Legged Stool: Guiding New Employers to the Right Retirement Plan by Heath W. Hoobing

NOTE

The World Is Indeed Flat: Preparing Students for the Global Market Through Law School and Small-Business Incubator Partnerships by Alex Curcuru

Issue 78:3 – General Interest

ARTICLES

The Instrumental Justice of Private Law by Alan Calnan

Color-Blind: Procedure’s Quiet but Crucial Role in Achieving Racial by Justice Benjamin V. Madison, III

Rights Done Right: A Critique of Libertarian Originalism by Andrew C. Spiropoulos

Why Harmdoers Pay by Jeffrey Standen

ESSAYS

Focault on Power by Isaak Dore

COMMENTS
Copyleft, the Disguised Copyright: Why Legislative Copyright Reform Is Superior to Copyleft Licenses by Christopher S. Brown

More than Dust in the Wind: Regulation of Rural Coarse Particulate Matter by Jessica Aram Crutchfield

Help You, Help Me: Why Law Students Need Peer Teaching by Lynn C. Herndon

NOTE

Irrationality Unleashed: The Pitfalls of Breed-Specific Legislation by Kristen E. Swann

Issue 78:4 – Symposia: Enforcing Constitutional Rights in the Twenty-First Century

INTRODUCTION
Symposium on Enforcing Constitutional Rights in the Twenty-First Century—Section 1983 Thirty Years After Owen by David Jacks Achtenberg

ARTICLES

Shoe-Horning, Shell Games, and Enforcing Constitutional Rights in the Twenty-First Century by Pamela S. Karlan

Rosy Pictures and Renegade Officials: The Slow Death of Monroe v. Pape by Alan K. Chen

Procedural Barriers to Civil Rights Litigation and the Illusory Promise of Equity by Alex Reinert

Opting for a Legislative Alternative to the Fourth Amendment Exclusory Rule by Samuel Estreicher and Daniel P. Weick

The Failure of Analogy in Conceptualizing Private Entity Liability Under Section 1983 by Richard Frankel

ESSAY

Iqbal and Empathy by Darrell A. H. Miller

LAW STORIES: ONE L REVISITED

Introduction: One L: The View in the Mirror by Scott Turow

Two Pink Lines by Melissa N. Anderson

Theodicy by Ian Ayres

The Infinite Alchemy: A First Year Journey in Three Acts Spanning Three Decades by Pamela Bridgewater

Classroom Storytelling by Alafair S. Burke

Last Reunion by Stephen L. Carter

One-L-ow Brick Road by Hala V. Furst

Neurotic, Paranoid Wimps—Nothing Has Changed by Andrew Jay McClurg

One L in a Different Voice: Becoming a Gay Male Feminist at Harvard Law School by Marc R. Poirier

Contested Meanings: Achievement and Ambition at an Elite Law School by Deborah Waire Post

How You Gonna’ Keep Her Down on the Farm . . . by Lisa R. Pruitt

Take Two by Saira Rao

I ♥ Crits by Cameron Stracher

Tales from the Back Bench by Robert R.M. Verchick

One L Redux by Adrien Katherine Wing

Issue 77:1 – General Interest

ARTICLES

Finding the Right Jobs for the Reasonable Person in Employment Law by Lisa J. Bernt

The Unlawful Conduct Defense in Legal Malpractice by Vincent R. Johnson

Rorty, Pragmatism, and Gaylaw: A Eulogy, a Celebration, and a Triumph by Steven J. Macias

Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts “Reliability” Standard by Jules Epstein

COMMENTS

The Past, Present, & Future of Legal Injection: Baze v. Rees’ Effect on the Death Penalty by Jerry Merril

Gonzales v. Carhart: A New Paradigm for Abortion Legislation by Christopher Mirakian

You Want Fries with that Shake?: The Sexual Harassment of and Discrimination Against Teenage Workers by Lara Queen Plaisance

NOTE

Runaway Grand Jury: Activsts Attempt to Redefine Obscenity Law in Kansas by Jull Barton

Issue 77:2 – Symposium: Red State v. Blue State: The Judicial Role in an Era of Partisanship

ARTICLES

Judging Families by June Carbone and Naomi Cahn

Political Polarization and the U.S. Judiciary by William A. Galston

Expressing Community Values Through Family Law Adjudication by Vivian E. Hamilton

The many Meanings of “Politics” in Judicial Decision Making by Bradley W. Joondeph

Judging Measures by David F. Levi and Mitu Gulati

Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground? by Linda C. McClain

COMMENTS

Banging Their Heads Against “The Wall”: Partisan politics, Federal Gridlock, and State, Local, and Judicial Reactions to a Lack of Federal Immigration Reform by Ashley H. Atwell

Reframing the Second Amendment Debate: Drawing Cultural Theory from the Holster by Kevin Jones

One State, Two State, Red State, Blue State: An Analysis of LGBT Equal Rights

Issue 77:3 – General Interest

ARTICLES

Judicial Reporting of Lawyer Misconduct by Arthur F. Greenbaum

Tinker and Viewpoint Discrimination by John E. Taylor

Freedom of Contract and Fundamental Fairness for Individual Parties: The Tug of War Continues by Carolyn Edwards

De Facto Segregation & Group Blindness: Proposals for Narrow Tailoring under a New Viable State Interest in PICS v. Seattle School District by Maurice R. Dyson

COMMENTS

Not Just Another Day at the Office: Why Missouri Should reform its Workers’ Compensation Laws to Better Protect Employees Injured by Violent Crimes in the Workplace by M. Blake Heath

Can I Still Google My Yahoo? Reframing the Net neutrality Debate – Why Legislation Actually Means Deregulation by Christopher E. Roberts

NOTES

The Great Compromise: Overcoming Impasse in Interstate Water Compacts Through the Use of Alternative Dispute Resolution by Raymond Dake

A Look into the Magic Eight Ball: Would Health Courts Survive Judicial Scrutiny in Missouri? “Signs Point to Yes” by Anne R. Hannah

Issue 77:4 – Symposium: Death Penalty Stories

INTRODUCTION

Death Penalty Stories: Lessons in Life-Saving Narratives by Sean D. OBrien

ARTICLES

What Came Before We Killed Him: Deconstructing Execution # 58 by Michael Mello

The Importance of Storytelling at All States of a Capital Case by Michael N. Burt

On Mitigation as Counter-Narrative: A Case Study of the Hidden Context of Prison Violence by Craig Haney

The Unknown Story of a Motherless Child by Russell Stetler

Back to a Future: Reversing Keith Simpson’s Death Sentence and making Peach with the Victim’s Family Through Post-Conviction Investigation by John H. Blume and Sheri Lynn Johnson

Narrative Works by Mark E. Olive

Mothers and Sons: The Lloyd Schlup Story by Sean D. O’Brien

Smoke by Marc Bookman

Joel in the Wormhole by Denny LeBoeuf

COMMENTS

True Terror: Life after Guantanamo by Brittany A. Boswell

Dismantling the Free Will Fairytale: The Importance of Demonstrating the Inability to Overcome in Death Penalty Narratives by Melody Dickson

Bringing Life to Legal Writing: How to Use Literary Journalism in Capital Litigation by Kate Paulman

Issue 76:1 – General Interest

ARTICLES

Toward a Foundational Theory of Workers’ Rights: The Autonomous Dignified Worker by Anne Marie Logaso

A False Mirror: Hudson v. Michigan’s Distortion of the Exclusionary Rule in Knock-and-Announce Litigation by George M. Dery, III

Should Cain’s Children Inherit Ables Property?: Wading Into the Extended Slayer Rule Quagmire by Karen J. Sneddon

Geography is Destiny: Disparate insurance Coverage for Cancer Clinical Trials Demands a Federal Mandate by Janet Leach Richards

COMMENTS

One Man’s Conjecture is Another Man’s Concrete: Applying the “Injury-in-Fact” Standing Requirement to Global Warming by Christopher L Muehlberger

A Dying Art: An Examination of the Death and Rebirth of Progressive Art under United States Obscenity Law by Jessica A. Newill

NOTES

Lifestyles of the Rich and Famous: A Proposal for Mandatory Full Disclosure of Perquisites, the Most Hidden Form of Executive Compensation by Kyle Bateman

Financial Industry Regulatory Authority (FINRA): Is the Consolidation of NASD and the Regulatory Arm of NYSE a Bull or a Bear for U.S. Capital markets? by Christopher W. Cole

Compulsory Licensing of Pharmaceuticals in Southeast Asia: Paving the Way for Greater Use of the Trips Flexibility in Low- and Middle-Income Countries by Sara Germano

Issue 76:2 – Symposium: Proteins, Patents and Progress: The Interface of Bio-Technology and Intellectual Property Law

ARTICLES

The Impact of Human Gene Patents on Innovation and Access: A Survey of Human Gene Patent Litigation by Christopher M. Holman

Metaphysics and Patenting Life by Dr. Andrew W. Torrance

Open Source Drug Discovery: Finding a Niche (Maybe Several) by Stephen M. Maurer

Biotechnology Patenting in India: Will Bio-Generics Lead a “Sunrise Industry” to Bio-Innovation? by Janice M. Mueller

Sufficient Disclosure in Europe: Is There a Separate Written Description Doctrine Under the European Patent Convention? by Martina I. Schuster

It’s Hard to Find a Good Pair of Genes: So Why Make Them Free for the Taking? by Julie D. Cromer

The Bayh-Dole Act and Incentives for the Commercialization of Government-Funded Invention in Developing Countries by Michal S. Mireles

NOTES

What Happens When the Gene Gets Out of the Bottle?: The Necessity of an Intent Element for Infringement of Patents Claiming Genetically Modified Organisms by Brennan Delaney

Issue 76:3 – UMKC Sports Law Symposium: Emerging Legal Issues Affecting Amateur & Professional Sports

ARTICLES

Symposium Introduction by Kenneth D. Ferguson

Tort Liability of Coaches for Injuries to Professional Athletes: Overcoming Policy and Doctrinal Barriers by Timothy Davis

By Education or Commerce: The Legal basis for the Federal Regulation of the Economic Structure of Intercollegiate Athletics by Alfred Dennis Mathewson

Access or Interest: Why Brown Has benefited African-American Women More Than Title IX by A. Jerome Dees

Blurring the Boundary Lines Between Amateur and Professional Sports by Kenneth D. Ferguson

Football Coach Contracts: What Does the Student-Athlete Have To Do With It? By Linda Sheryl Greene

Head Case: An Agent’s guide to Protecting Their NFL Clients From Concussions and Associated Risks by Shane C. Mecham & Dr. Kevin M. Guskiewicz

Running Against the Wind: Sex Discrimination in high School Girl’s Cross Country by Johathan Little

NOTES

A New Uniform: NCAA Policy and Student-Athlete Misconduct by Brandon Gutshall

Embodying the Olympic Spirit: Why Paralympic Athletes Should be Entitled to Proportionate Benefits Under the Americans with Disabilities Act by Lara Krigel Pabst

Personal Foul . . . 15 Years in Jail: Sports’ Problem with Excessive Violence and the Severe Punishment Solution by Benjamin C. Thompson

LAW STORIES: Tales From Legal Practice, Experience, And Education

Introduction: The Path of Stories by Kathryn Abrams

Dunya by Marianna Wesson

One Hundred Four by Anthony Chase

Reflections Upon Old Books, Reading Rooms, and Making History by Michael A. Olivas

Mediating the Special Education Front Lines in Mississippi by Paul M. Secunda

Punch Lines: Two Tales from a Law Student Intern’s Summer in the City by Stacy Caplow

Student Stories by Elizabeth M. Schneider

Truck Stop by Matthew L.M. Fletcher

The Story of Law and American Racial Consciousness: Building a Canon One Case at a Time by Devon W. Carbado & Rachel F. Moran

Issue 76:4 – General Interest

ARTICLES

The Rise of the Jewish Law Firm or is the Jewish Law Firm Generic? By Eli Wald

The Coherence of Natural inalienable Rights by Craig A. Stern & Gregory M. Jones

Criminal Justice and the 2006-2007 United States Supreme Court Term by Michael A. McCall, Madhavi M. McCall, & Christopher E. Smith

COMMENTS

A Not So Starry Night: The Pension Protection Act’s Destruction of Fractional Giving by Elizabeth Dillinger

The Shot Heard Around Virtual Worlds: The Emergence and Future of Unconscionability in Agreements relating to Property in Virtual Worlds by Ryan Kriegshauser

America Gets What it Wants: Pet Trusts and a Future for its Companion Animals by Breahn Vokolek

NOTES

Unmarried Cohabitating Couples: A Proposal for Inheritance Rights Under Missouri Law by Jennifer Berhorst

The Good, the Bad, and the Gross: A Critical Review of Food Review Defamation Law by Michael T. Miller

In Myspace Their Space?: Protecting Student Cyperspeech In A Post-Morse v. Federick World by Christopher E. Roberts

Issue 75:1, Fall 2006 – NARA Federal Civil Court Records: New Territory for Empirical, Historical, and Legal Research

UMKC will host a national conference to promote an interdisciplinary discussion of the importance of court records to empirical and historical research in both law and social sciences. Conference topics will focus on the value of court records to historians, social scientists and legal scholars; empirical research; the importance of conflict as a part of our national, regional and local history; legal history; the role of court records for improving legal advocacy and training; digitization efforts; and changes in legal bibliography.

Faculty Contact: Paul D. Callister

ARTICLES

Use It of Pretenders will Abuse It: The Importance of Archival Legal Information by Theodore Eisenberg

File Sessions: Archival Court Records in Higher Education by Kathleen Hall

NARA Appraisal and Disposition Policies for Federal Civil Court Records: Alternative Approaches by Marvin H. Kabakoff

The Long Road to Dred Scott: Personhood and the Rule of Law in the Trial Court Records of St. Louis Slave Freedom Suits by David Thomas Konig

More Than You Imagined: Sources of History in the Records and Papers of the Federal Courts of Texas by Mark W. Lambert

Civil Court Records and Federal Justice in Western Missouri: An Essay by Lawrence H. Larsen

The Federal Trade Commission: Learning from History As We Confront Today’s Consumer Challenges by Deborah Platt Majoras

Legal History Research Opportunities and Resources at NARA – Central Plains Region by Timothy Rives

“Legal History Research Opportunities…” Addendum by Stephen Spence

Using Court Records for Research, Teaching, and Policymaking: The Civil Rights Litigation Clearinghouse by Margo Schlanger & Denise Lieberman

Data and Selection Bias: A Case Study by Ahmed E. Taha

COMMENTS

Riding the Third Wave of School Finance Litigation: Navigating Troubled Waters by Matt Brooker

NOTES

Class Action Litigation as a Means of Enacting Social Change in China by Traci Daffer

Modifying the Requirements of Fame for a Trademark Under the Proposed Amendment to the FTDA by Jessica L. Ingram

The Google Library Litigation and the Fair Use Doctrine by Kyle Lundeen

APPENDIX: Selected Documents from NARA – CPR by Scott Aripoli & John Witten

Issue 75:2 – General Interest

ARTICLES

A Brief Legal History of Impeachment in Missouri by Joseph Fred Benson

Antitrust Civil Damages Remedies: The Consumer Welfare Perspective by James R. Eiszner

“No More Deaths”: On Conscience, Civil Disobedience, and a New Role for Truth Commissions by Marie A. Failinger

Has Congress Stopped Executives from Raiding the Bank? A Critical Analysis of I.R.C. § 409A by Michael J. Hussey

All in the Family: The Apocalyptic Legal Tradition as Crit-Theory by Marc L. Roark

COMMENTS

Hungry Hungry HIPAA: Has the Regulation Bitten Off More Than It Can Chew by Prohibiting Ex Parte Communication with Treating Physicians by Scott Aripoli

NOTES

The Respect for America’s Fallen Heroes Act: Conflicting Interests Raise Hell with the First Amendment by Rebecca Bland

“You Got Fired? On Your Day Off?!”: Challenging Termination of Employees for Personal Blogging Practices by Aaron Kirkland

Death to Poochy: A Comparison of Historical and Modern Frustrations Faced by Owners of Injured or Killed Pet Dogs by Jason R. Scott

Issue 75:3 – General Interest

ARTICLES

Venue in Missouri After Tort Reform by David Jacks Achtenberg

The Essential Holding of Casey: Rethinking Viability by Randy Beck

Discharging Income Tax Liabilities in Bankruptcy: A Challenge to the New Theory of Strict Construction for Scrivener’s Errors by Gregory Germain

Child Welfare Interventions for Drug-Dependent Pregnant Women: Limitations of a Non-Public Health Response by Ellen Weber

COMMENTS

The Latest Call for Diversity in Law Firms: Is it Legal? by Angela Brouse

A License to Choose or A Plate-Full of Controversy? Analysis of the “Choose Life” Plate Debate by Traci Daffer

NOTES

Mutilating Picasso: The Case for Amending the Visual Artists Rights Act to Provide Protection of Moral Rights After Death by Elizabeth Dillinger

E.T. Take Home: The Out-of-This-World Rationale for Extraterritorial Takings and Ignoring Their Inherent Conflict with the Fifth Amendment by Ryan Kriegshauser

SPECIAL FEATURE

The Existentialist and the River: An Essay in the Memory of Robert Popper, Dean of the UMKC School of Law by John W. Ragsdale, Jr.

Issue 75:4 – Symposium Issue: Ethics of Family Representation

Family Law is in a period of tremendous transition. The past twenty years have seen dramatic changes in family composition, advances in reproductive technology, and innovations in court structure and the delivery of legal services to families and children. More than ever, family law teaching must be able to prepare students for a lifetime of evolving law and practice. What methods of teaching family law will meet this challenge? This symposium will provide articles by leading family law educators on best practices in curricular design and instructional approaches.

Faculty Contact: Barbara Glesner-Fines

ARTICLES

Influencing Outcomes: Ethical Dilemmas in the Course of Doing Business by Marsha B. Freeman

Caring Too Little, Caring Too Much: Competence and the Family Law Attorney by Barbara Glesner-Fines & Cathy Madsen

Going Underground: The Ethics of Advising a Battered Woman Fleeing an Abusive Relationship by Leigh Goodmark

A Conversation Between Friends: Adventures in Collaborative Planning and Teaching Ethical Issues in Representation of Children by Gail Hammer & James Celto Vaché

A Perspective on Teaching and Learning Family Law by Mary Pat Treuthart

COMMENTS

Risky Business or Clever Thinking? An Examination of the Ethical Considerations of Disguised Contingent Fee Agreements in Domestic Relations Matters by Denise Fields

Once you Enter This Family There’s No Getting Out: Ethical Considerations of Representing Family-Owned Businesses by Chris Johnson

NOTES

Beyond the Bounds of Zealous Advocacy: The Prevalence of Abusive Litigation in Family Law and the Need for Tort Remedies by Leah J. Pollema

Law Stories: Tales from Legal Practice, Experience, and Education

Calling for Stories by Nancy Levit & Allen Rostron

Clinical Genesis at Miami by Anthony V. Alfieri

Coming Full Circle by Wendi Adelson

The Newcomer by Maryanne Stanganelli

A Road Less Traveled by Jessi Tamayo

When Freedom of Information Came to Illinois by Susan A. Bandes

Memories of Brutus Hamilton by Richard Delgado

Suffering From Robert L. by Hayman, Jr.

Remembering the Eighties: The Lizard Goes to the AALS by Gary Minda

Antígona: A Voice Rebuking Power by Margaret E. Montoya

Reel to Real by Jeremy Paul

Footnotes: A Story of Seduction by Ruthann Robson

Issue 74:1, Fall 2005 – General Interest

Faculty Contacts: Nancy Levit, Allen Rostron

ARTICLES

Post-Crawford: Time to Liberalize the Substantive Admissibility of a Testifying Witness’s Prior Consistent Statements by Lynn McLain

Markets and Democracy: The Illegitimacy of Corporate Law Daniel by J.H. Greenwood

COMMENTS

Preserving Adequacy of Representation When Dropping Claims in Class Actions by Lee Anderson

Quieting the “Noisy” Trusts of the Missouri Uniform Trust Code by Jessica Haynes

Foreseeable Change: The Need for Modification of the Foreseeability Standard in Cases Resulting From Terrorist Acts After September 11th by Joe Wientge

NOTES

Untipping the Scales: Using State Contract Law to Protect At-Will Employees from Unfair Mandatory Arbitration Agreements by Kenneth Jeremy Geniuk

God’s Little Acre: Religious Land Use and the Separation of Church and State by Corey Mertes

The Continuing Contingent Fee Tax Issue: Congress and the Supreme Court Fail to Provide Complete Relief to Taxpayers by Tricia Schultz

Issue 74:2, Winter 2005 – General Interest

Faculty Contacts: Nancy Levit, Allen Rostron

ARTICLES

Law’s Box: Law, Jurisprudence and the Information Ecosphere by Paul Douglas Callister

The Individual Alternative Minimum Tax: An Argument in Favor of Repeal by Gabriel O. Aitsebaomo

Federalism’s Battle with History: The Inaccurate Associations with Unpopular Politics by Patrick M. Garry

COMMENTS

“The Fight for the Right to Fight”: Equal Protection and the United States Military by Heather S. Ingrum Gipson

Fluke or Failure? Assessing the Sarbanes-Oxley Act After United States v. Scrushy by Jaclyn M. Taylor

NOTES

Climate Change, Insurance, NEPA, and Article III: Does a Policy Holder Have Standing to Sue a Federal Agency for Failing to Address Climate Change Under NEPA? by Brian Mayer

Assimilate Me: It’s as Easy as (Getting Rid of) Uno, Dos, Tres by David Michael Miller

Issue 74:3, Spring 2006 – Class Action Symposium: The Twentieth Anniversary of Phillips Petroleum Co. v. Shutts

This symposium heralds the 20th anniversary of Phillips Petroleum v. Shutts, the landmark Supreme Court decision on class actions addressing a host of key due process issues of jurisdiction, choice of law, notice, and adequacy of representation

Faculty Contact: Robert Klonoff

ARTICLES

Introduction to the Symposium by Robert H. Klonoff

Reliving and Reflecting on Shutts by Arthur R. Miller

The Defendant’s Obligation to Ensure Adequate Representation in Class Actions by Debra Lyn Bassett

The Manageable Nationwide Class: A Choice-of-Law Legacy of Phillips Petroleum Co. v. Shutts by Elizabeth J. Cabraser

Rewriting Shutts for Fun, Not to Profit by Edward H. Cooper

Bringing Shutts into the Future: Rethinking Protection of Future Claimants in Mass Tort Class Actions by Deborah R. Hensler

Getting Beyond Kansas by Samuel Issacharoff

A Proposed Settlement Rule for Mass Torts by Francis E. McGovern

Rethinking Certification and Notice in Opt-Out Class Actions by Geoffrey P. Miller

Gridlaw: The Enduring Legacy of Phillips Petroleum Co. v. Shutts by Linda S. Mullenix

Bootstrapping in Choice of Law After the Class Action Fairness Act by Richard A. Nagareda

Back in the Court’s Court The Honorable by Lee H. Rosenthal

Why Enable Litigation?: A Positive Externalities Theory of Small Claims Class Action by William B. Rubenstein

What the Shutts Opt-Out Right Is and What It Ought to Be by Brian Wolfman & Alan B. Morrison

Shutts and the Adequate Representation Requirement by Patrick Woolley

Overhearing Part of a Conversation: Shutts as a Moment in a Long Dialogue by Stephen C. Yeazell

Issue 74:4, Summer 2006 – General Interest

Faculty Contacts: Nancy Levit, Allen Rostron

ARTICLES

Constitutional Safeguards for Silent Experiments in Living: Libraries, the Right to Read, and a First Amendment Theory for an Unaccompanied Right to Receive Information by Marc Jonathan Blitz

The People Can Do No Wrong: An Examination of State and Eleventh Amendment Sovereign Immunity for Missouri’s Public School Districts by Amy P. Maloney & Matt J. O’Laughlin

MGM v. Grokster: Judicial Activism or a Good Decision? by Andrew Beckerman-Rodau

COMMENTS

Society’s Carnivores, Both Good and Bad. The Internet Wiretap: Why We Need It, and How It Should Be Regulated by Jonathan D. Barker

Patent Reform 2005: HR 2795 and the Road to Post-Grant Oppositions by Christopher L. Logan

Sex Offender Wrongs and Parental Rights: How Missouri’s Anti-Child Reunification Statute Restricts Fundamental Rights Through Unconstitutional Means by Travis Wymore

NOTES

The Alpha Subpoena Controversy: Kansas Fires First Shot in Nationwide Battle over Child Rape, Abortion and Prosecutorial Access to Medical Records by Miriam E. C. Bailey

Assigning the Burden of Proof in Due Process Hearings: Schaffer v. Weast and the Need to Amend the Individuals with Disabilities in Education Act by Luke Hertenstein

The Collision of Mandatory Reporting Statutes and the Priest-Penitent Privilege by Ashley Jackson

Issue 73:3 – General Interest

Faculty Contacts: Nancy Levit, Allen Rostron

ARTICLES

Not Always Protected: Reverse Age Discrimination and the Supreme Court’s Decision in General Dynamics Land Systems, Inc. v. Cline by Paul L. Arrington

Fixing Cracks: A Disclosure Norm to Repair the Crumbling Regulatory Structure Supporting Clinical Research and Protecting Human Subjects by Ken Gatter

Queering the Office: Can Sexual Orientation Employment Discrimination Laws Transform Work Place Norms for LGBT Employees? by Toni Lester

Monstrous Impersonation: A Critique of Consent-Based Justifications for Hard Paternalism by Thaddeus Mason Pope

Hostile Work Environment Disability Harassment under the ADA by Sharlott K. Thompson

COMMENTS

Super Secret Information? The Discoverability of Sensitive Security Information as Designated by the Transportation Security Administration by Sara Bodenheimer

Doctor v. Attorney: Why are Attorneys and Injured Patients Being Blamed for the Rising Costs of Healthcare? Instead of Tort Reform, Why Medical Reform is a Better Solution by Jaclyn Edgar

Sex Offenders: You Are Now Free to Move About the Country. An Analysis of Doe v. Miller’s Effects on Sex Offender Residential Restrictions by Lisa Henderson

NOTES

Straight But Not Narrow: Implications of the Federal Same-Sex Marriage Amendment by Jessica R. Beever

To Clone or Not to Clone: Should Missouri Allow Cloning for Biomedical Research? by Christopher L. Logan

Missouri Venue and House Bill 1304: Misguided “Deforms” Demonstrate the Necessity of Judicial Districts by Edward D. Robertson III

Issue 73:4 – Symposium: Armed Standoff: The Impasse in Gun Legislation and Litigation

Faculty Contact: Allen Rostron

ARTICLES

Gun Industry Immunity: Why the Gun Industry’s “Dirty Little Secret” Does Not Deserve Congressional Protection by Brian J. Siebel

Legislative Usurpation: The Early Practice and Constitutional Repudiation of Legislative Intervention in Adjudication by David Kairys

Have Gun, Can’t Travel: The Right to Arms Under the Privileges and Immunities Clause of Article IV by Nelson Lund

Micro-Disarmament: The Consequences for Public Safety and Human Rights David B. Kopel, by Paul Gallant, and Joanne D. Eisen

Sound-Bite Gun Fights: Three Decades of Presidential Debating About Firearms by Andrew J. McClurg

Shooting Stories: The Creation of Narrative and Melodrama in Real and Fictional Litigation Against the Gun Industry by Allen Rostron

Postmodernism and the Model Penal Code v. The Fourth, Fifth, and Fourteenth Amendments – and the Castle Privacy Doctrine in the Twenty-First Century by David I. Caplan and Sue Wimmershoff-Caplan

NOTE

Missouri Concealed Carry and Schools by Daniel Molloy

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