Articles tagged with 'Journal' | The Missouri Bar

The Missouri Bar - Archive (Journal)

2020
June
02,
2020
| 15:55 PM America/Chicago
Missouri’s adoption of a constitutional amendment decriminalizing medical marijuana for state law purposes has presented numerous interstitial issues. This article examines one that Missouri’s Department of Health and Senior Services (“DHSS”) has att...
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June
02,
2020
| 15:54 PM America/Chicago
Cicero wrote that the “first bond of society is marriage; next children; and then the family.” 2 in its landmark decision in Obergefell v. Hodges,3 the U.S. Supreme Court recited a list of the beneficial aspects of marital status in the United States...
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June
02,
2020
| 15:53 PM America/Chicago
Pivot. The first time I heard the word was playing basketball. You had a pivot foot you kept in place and you pivoted toward the basket, moving the other foot in another direction. Back then, I never heard the word used in any other context; now, it ...
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June
02,
2020
| 15:50 PM America/Chicago
We are living through extraordinary times. Meetings have gone virtual, and nearly all work is completed remotely. Face masks are strongly recommended for trips outside the home. Neighbors move to the other side of the street as we encounter one anoth...
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June
02,
2020
| 15:49 PM America/Chicago
WIDE LATITUDE IS GIVEN ON CROSS-EXAMINATION OF AN EXPERT “Amy Revis (‘Revis’) appeals the trial court’s judgment following a jury verdict in favor of Donald Bassman, M.D. (‘Dr. Bassman’) in her medical malpractice action.” 2 Among her points on ...
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June
02,
2020
| 15:48 PM America/Chicago
The Journal of The Missouri Bar publishes items in the "In Memoriam" section as they are received. To honor the lives and achievements of deceased members, The Missouri Bar solicits additional information about these men and women from family members...
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June
02,
2020
| 15:47 PM America/Chicago
Congress, the administration, and the Treasury Department have been very active in responding to the coronavirus and COVID-19 pandemic. There are a variety of relief measures, such as the SBA Economic Injury Disaster Loan (EIDLE) emergency advances a...
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April
07,
2020
| 14:25 PM America/Chicago
The business judgment rule has been part of English and American common law on corporations for more than 250 years.2 In theory, the business judgment rule protects management from liability for honest mistakes in judgment, as long as they act with d...
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April
07,
2020
| 14:24 PM America/Chicago
On October 29, 2019, the National Collegiate Athletic Association (NCAA) announced what amounted to reversal of a decades-old policy when its governing board unanimously voted to permit college students participating in athletics to be compensated fo...
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April
07,
2020
| 14:24 PM America/Chicago
George W. Draper III, chief justice of the Supreme Court of Missouri, delivered the following State of the Judiciary Address on January 22, 2020, during a joint session of the Missouri General Assembly in Jefferson City. ...
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April
07,
2020
| 14:23 PM America/Chicago
If COVID-19 has you working from home or facing other uncharted situations, we’re here to help! You can find free resources and practice tips, including how to maintain the Rules of Professional Conduct while lawyering remotely, at mobar.org. ...
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April
07,
2020
| 14:23 PM America/Chicago
EXISTENCE OF A VALID AGREEMENT TO ARBITRATE IS A PREREQUISITE TO COMPELLING ARBITRATION “Dollar Tree Stores, Inc., and Janie Harper (collectively, ‘Dollar Tree’) appeal from the circuit court’s order overruling their motion to compel arbitration o...
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April
07,
2020
| 14:22 PM America/Chicago
In McDade v. Berryhill, Daniel McDade sought review of a final decision of the Commissioner of Social Security that denied his application for disability benefits. ...
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April
07,
2020
| 14:22 PM America/Chicago
Most lawyers no longer join law firms expecting to stay until retirement. Several times over the course of a legal career, a lawyer may require ethics-based guidance in addressing the thorny issues surrounding a lawyer’s departure from a firm.2 ...
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April
07,
2020
| 14:22 PM America/Chicago
The Journal of The Missouri Bar publishes items in the "In Memoriam" section as they are received. To honor the lives and achievements of deceased members, The Missouri Bar solicits additional information about these men and women from family members...
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April
07,
2020
| 14:21 PM America/Chicago
The Tax Court recently issued two opinions denying conservation easement deductions. The cases illustrate Internal Revenue Service (IRS) challenges to these deductions based on terms and conditions reserved by taxpayers when conveying conservation ea...
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February
17,
2020
| 09:19 AM America/Chicago
Loans to nonprofit institutions create unique situations for lenders that can complicate the customary methodology used to generate and monitor loans. This is particularly true when the loan is to a religious institution. These situations can have a ...
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February
17,
2020
| 09:18 AM America/Chicago
From homicide prosecutions to insurance lawsuits, lawyers in Missouri occasionally require an expert opinion as to the manner and cause of a person’s death. As with any such evidence, the overriding concern is to secure an opinion that is both admiss...
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February
17,
2020
| 09:18 AM America/Chicago
The tricky part about writing a column for the Journal is the time span between submission and publishing. A newspaper article will be reasonably current; here, there is a 30-day lapse between when I submit this and when you read it. Trying to accoun...
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February
17,
2020
| 09:17 AM America/Chicago
As the new president of the Missouri Bar Foundation,I already am enjoying a major perk of the job: use of my 20-year-old photo for this column. For a woman of a certain age, it is hard to top that. ...
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February
17,
2020
| 09:16 AM America/Chicago
INSURANCE COMPANY SUBJECT TO JURISDICTION IN MISSOURI FOR BAD FAITH CLAIM “Key Insurance Company filed a petition for writ of prohibition directing the circuit court to dismiss, for lack of personal jurisdiction, claims filed against it by Josia...
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February
17,
2020
| 09:16 AM America/Chicago
Implementing and using technology devices and systems in your law practice can be both exciting and daunting. How do you select a device such as a phone, laptop, computer, or other hardware? How do you select a piece of software, case management syst...
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February
17,
2020
| 09:15 AM America/Chicago
The Journal of The Missouri Bar publishes items in the "In Memoriam" section as they are received. To honor the lives and achievements of deceased members, The Missouri Bar solicits additional information about these men and women from family members...
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February
17,
2020
| 09:14 AM America/Chicago
“The best job I ever had.”2 After decades of public service in all three branches of government, that is how congressman, federal D.C. circuit judge, White House counsel, law professor, and Presidential Medal of Freedom recipient Abner J. Mikva ...
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February
17,
2020
| 09:13 AM America/Chicago
Congress passed the “Further Consolidated Appropriations Act, 2020” (Act), and it was signed into law late in 2019. Part of the year-end spending package, the Act renewed or extended many deductions and credits that had previously expired or were sch...
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February
17,
2020
| 09:12 AM America/Chicago
In an order dated November 15, 2019, the Supreme Court of Missouri repealed subdivision (a) of subdivision 6.06, entitled “Return to Active Status,” of Rule 6, entitled “Fees to Practice Law,” and in lieu thereof adopted a new subdivision (a) of subd...
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2019
December
27,
2019
| 15:56 PM America/Chicago
One of America’s key safeguards is the constitutional requirement that arrests must be based upon probable cause. ...
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December
27,
2019
| 12:20 PM America/Chicago
For the past 60 years, Missouri lawyers have learned the same statutory requirements for the creation of a valid last will and testament in Missouri: (1) it must be in writing; (2) it must be signed by the testator or someone at her direction and in ...
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December
27,
2019
| 10:55 AM America/Chicago
The Honorable George W. Draper III, chief justice of the Supreme Court of Missouri, delivered the following address during the Opening Luncheon of the joint annual meeting of The Missouri Bar and the Judicial Conference of Missouri on September 19, 2...
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December
07,
2019
| 16:22 PM America/Chicago
“Alright, I’ll go in there for Dorothy. Wicked Witch or no Wicked Witch. Guards or no guards, I’ll tear ‘em apart. There’s just one thing I want you guys to do . . . Talk me out of it.”  – The Cowardly Lion As I reflect on nearly a decade of se...
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