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UMKC Law Review

Attn: Business Editor

University of Missouri-Kansas City School of Law

5100 Rockhill Road

Kansas City, Missouri 64110

Issue 73:3 – General Interest

Faculty Contacts: Nancy Levit, Allen Rostron

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

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

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

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

Missouri Concealed Carry and Schools    by Daniel Molloy

Issue 74:1, Fall 2005 – General Interest

Faculty Contacts: Nancy Levit, Allen Rostron

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

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

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

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

“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

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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