I hope you found moments of restoration during the summer months and are looking forward to a great new school year. Later that month, Missouri educators from grades worked on developing social studies assessment resources for younger students. In July, nearly educators participated in the DESE Professional Learning Series examining the benefits of integrated curriculum on student achievement and student engagement. If you joined us for assessment projects or for an exploration of integrated curriculum in ELA, Science and Social Studies, I hope you found your time well spent. My hope and my goal is to serve and support you in the important work you do educating all our children to become capable, contributing citizens.
Parties in toxic tort cases might try to use this information to establish or rebut causation. Hypsibema missouriensis . Brown, Killer App? Rothstein ed. Parents must sign permission slip". When Scout embarrasses her poorer classmate, Walter Cunningham, at the Finch home one day, Calpurnia, their black cook, chastises and punishes her for doing One tit out. The 50th anniversary of the novel's release was met with celebrations and reflections on its impact. It's interesting Bib word missouri law adult covering all the folks that are buying it don't know they're reading a child's book. The flagship institution and largest university in the state is the Bin of Missouri in Columbia.
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It is also available online. Statutes are created by the U. Grading is based on student projects and a final examination. Big penis in boxers the industry obtain banking or legal services? Students develop mediation and negotiation skills through readings, demonstrations, experimental exercises, and preparation of a case study. Students may also represent tenants who reside in public or subsidized housing in administrative actions brought by or against a Housing Authority. Sex with an animal, penalties. The course las cover trademarks, trade secrets, patent law, and copyright law. MU Law School Calendar. It Bib word missouri law adult covering be of particular interest to any student interested in working in a prosecutor's office, public defender's office or for a firm doing defense work.
To Kill a Mockingbird is a novel by Harper Lee published in
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Recent advances in technology have significantly improved the accuracy of genetic testing and analysis, and substantially reduced its cost, resulting in a dramatic increase in the amount of genetic information generated, analysed, shared, and stored by diverse individuals and entities. Given the diversity of actors and their interests, coupled with the wide variety of ways genetic data are held, it has been difficult to develop broadly applicable legal principles for genetic privacy.
After considering the many contexts in which issues of genetic privacy arise, the article concludes that few, if any, applicable legal doctrines or enactments provide adequate protection or meaningful control to individuals over disclosures that may affect them.
People often view genetic information about themselves as private. Each person's genome, or full complement of DNA, is unique, 1 but the specific variants within an individual's genome may be widely shared with biological relatives or even across the entire human population.
This mixed character of the genome—as a uniquely individual assemblage of widely shared common elements—imbues it with a dual private and public significance that confounds any discussion of policy addressing genetic privacy. On one hand, DNA has been conceptualized as a unique identifier 2 and a person's book of life, 3 which provides insights into many aspects of the person's future, although perhaps not as much as many people might think.
This conceptualization leads many people to want to control who has access to genetic information about them and drives calls for strong privacy protection or even personal genetic data ownership. On the other hand, genetic data are not limited to one individual, with information about one person revealing information about the person's close and distant biological relatives.
Only by studying genetic information from many people can the significance of the individual's variants be discerned. The importance of understanding the causes of health and disease has led some to argue that people have some obligation to share data about themselves for low-risk research. The Internet and ubiquitous communication technologies facilitate broad sharing of information, including highly personal information, often without the individual's knowledge or consent.
Deciding how much control people should have over access to and use of genetic data about themselves has taken on increased urgency in recent years. Until recently, there simply was less genetic information to worry about, because a person's genetic makeup could be inferred only by studying his or her phenotypic characteristics and family history. It was possible, for example, to tell something about people's eye color genes by looking at their eyes, but not whether they had a gene variant that modestly elevated their cholesterol level or whether they were at increased risk of developing a common complex disorder.
These genomic tests have already proven valuable in diagnosing disorders whose etiology is unknown, as can be the case for some children with developmental disability or critical illness as neonates.
As this technology and our understanding of genomics have improved, a growing number of individuals and entities seek access to individual genetic information. For example, millions of people have pursued testing to learn about their ancestry and to identify previously unknown relatives, endeavors that require access to the information of others as well as their own.
In addition, clinicians might seek the data to refine a patient's diagnosis or care. Biomedical researchers might want to examine genetic information to understand the ways that genetic variation contributes to health and disease.
Life insurers might want to use this information for underwriting. Parties in toxic tort cases might try to use this information to establish or rebut causation. Law enforcement might want to use the information to identify victims of mass attacks or criminal suspects. Given the diversity of actors and their interests, the increasing power of genetic technologies, and the wide variety of ways these data are held, it is difficult to develop broadly applicable legal principles for genetic privacy.
As has been true since the earliest debates about genetic privacy, which began decades ago, 15 public policy often involves balancing the rights of individuals to maintain the privacy of their genetic information with the rights of other individuals and the public to access the information.
The trade-offs often implicate both personal and societal interests, which vary depending on the context. Whether the state can conduct newborn screening for genetic disorders raises different questions from whether an insurer can use genetic information for underwriting health, life, disability, or long-term care insurance, each of which presents its own challenges. In addition, the wide variety of actors and locations are subject to different regulatory schemes.
This article examines the landscape of genetic privacy to identify the roles the law does or should play. Because of the complexity of genetic privacy law, it is infeasible to address all of the issues in a single article.
Consequently, the article does not address in detail genetic privacy in reproductive genetic testing, 16 human subjects research involving genetics, state statutes and regulations pertaining to genetic privacy, and common law actions for invasion of privacy.
The article's primary focus is on federal statutes and regulations. After considering the many contexts in which issues of genetic privacy arise, the article concludes that few, if any, applicable legal doctrines or enactments provide adequate protection. In order to understand genetic privacy, it is necessary first to delve into the complex concept of privacy. They are: 1 informational privacy concerns about access to personal information; 2 physical privacy concerns about access to persons and personal spaces; 3 decisional privacy concerns about governmental and other third-party interference with personal choices; and 4 proprietary privacy concerns about the appropriation and ownership of interests in human personality.
Informational privacy is a particularly important dimension of genetic privacy, and it is the primary focus of this article. Genomics and related analytical approaches—such as proteomics, metabolomics, transcriptomics, and epigenomics—greatly increase the amount of potential gene-associated information about individuals. Often, genetic information is sensitive because it has implications for the current and future health of individuals and their family members.
The information may also have major social and economic consequences. Three other significant concepts within the realm of privacy and genetic privacy are confidentiality, security, and anonymity. The duty to protect confidentiality is not absolute; however, and in certain circumstances recognized by law or ethical codes, other interests may be paramount, such as the safety and health of third parties. Security, in the informational sense, is an increasingly important concept in the digital age.
It refers to a condition in which individuals or entities with appropriate authority to access certain information are granted access to it, but those without such authority are denied access. Security can be protected by various means, such as by training employees, adopting administrative procedures for handling sensitive information, and implementing technical access controls, including passwords and encryption.
Anonymity is a form of privacy protection in which the identity of the source of certain health information is not obtained or is removed by researchers or other custodians of the information. Anonymization, deidentification, and similar measures are frequently applied to genetic information in an effort to protect individual privacy while retaining the scientific value of the information. The use of anonymized genetic information raises two main concerns. First, technical methods may not be completely effective in preventing the reidentification of genetic information.
Among the allegedly unique aspects of genetic information is the tremendous amount of information contained in DNA, its immutability, its potential use as a unique identifier, and its implications for family members and others with a similar geographic ancestry.
As with other types of information in emerging medical fields, many of the problems associated with the use of genetic information arise from two time lags.
First is the time lag between the discovery of a genetic basis for a condition and the development of therapies to prevent, treat, or cure the disorder. Thus, genetic information may indicate a risk, such as for Alzheimer's disease, about which little or nothing can be done to prevent or ameliorate the condition.
Second is the time lag between a genetic test that identifies the increased risk of disease in a particular individual and the onset of symptoms. During this time period, when the individual is in medical limbo, numerous entities with an economic interest in the individual's future health, such as various insurance companies, are inclined to use the genetic information to limit their risk.
Neither of these characteristics is unique to genetics. For example, as early as the s, a few states began enacting laws prohibiting some types of genetic discrimination in health insurance. It was not until that Congress prohibited all health-based discrimination in health insurance when it enacted the Affordable Care Act.
From a policy perspective, advocates and elected officials often have to decide whether to accept limited, genetic-specific legislation or to hold out for the possibility of a broader statute. For example, will passage of weak and incomplete genetic privacy protections reduce pressure for the stronger protection or lull the public into a false belief that their genetic information is better protected than it actually is?
Genetic information connected to personal identifiers is generated and used in a variety of contexts that may or may not be health-related—eg, clinical genetics, direct-to-consumer DTC testing, 46 and forensics. Some scenarios where such breaches may occur include the following: 1 genetic information is disclosed to or accessed by healthcare providers without the authority or legitimate need to see it; 2 the scope of the genetic information obtained and disclosed is beyond that needed for a legitimate healthcare purpose; and 3 genetic information is used for a purpose unrelated to the disclosure.
Uses and disclosures of health including genetic information in healthcare settings raise several issues, including whether consent or authorization is required, how much and what type of information can lawfully be disclosed, and which members of the treatment or research team should have access to which information.
Whereas individuals are often concerned about discrimination when their health information is disclosed beyond healthcare settings, in healthcare settings their main concerns are protecting their privacy, autonomy, and dignity.
Even though these concerns may seem abstract or indirect, many individuals regard them as very important, and concerns about these issues often influence a patient's behavior and health outcomes, such as where patients limit disclosures of sensitive information to their healthcare providers to protect their privacy.
Its role as privacy legislation was something of an afterthought. Thus, the HIPAA statute gave the US Department of Health and Human Services HHS the jurisdiction to regulate entities that provide healthcare or pay for it such as insurers but gave HHS no jurisdiction to regulate the multitude of other private companies and institutions eg drug manufacturers, research institutions that provide no healthcare services, companies that sell fitness-tracking devices, DTC genetic testing services, and many others that—in our current times—use and store people's health and genetic data in ways that affect their privacy.
Consequently, the Privacy Rule applies only to four types of HIPAA-covered entities involved in the payment chain of healthcare: 1 healthcare providers that transmit any health information in electronic form in connection with a covered transaction; 2 health plans, including a health insurer, HMO, Medicare or Medicaid program, or other entity that provides or pays the costs of medical care; 3 health clearinghouses, public or private entities, including a billing service or health information management system, that process health information into a standard format for billing purposes; and 4 business associates of these entities, including individuals or entities that perform or assist in billing, management, administration, or other functions regulated by the Privacy Rule.
Other than a definitional provision 58 that Congress ordered HHS to add to the Privacy Rule under GINA, 59 a provision dealing with deidentification, 60 and two provisions dealing with health plans, 61 the Privacy Rule does not contain any special provisions for genetic information.
For example, some of these laws require informed consent for genetic testing, regulate access to genetic information, or provide that genetic information is the property of the individual. In , after 13 years of contentious congressional deliberation, GINA was overwhelmingly passed by Congress and signed into law by President George W.
Although GINA is best known for its provisions prohibiting discrimination based on genetic information, it also contains provisions related to privacy. Section b of GINA prohibits employers from requesting, requiring, or purchasing genetic information with respect to an employee including an applicant or a family member of the employee.
Similar provisions limiting the acquisition of genetic information are included in Title I dealing with nondiscrimination in health insurance and health benefit plans. First, as noted above, the Privacy Rule only applies to covered entities in the healthcare payment chain, and it does not apply to many other entities that acquire, store, use, or disclose genetic information, such as insurers other than health insurers.
It also does not generally apply to DTC genetic testing companies, including ancestry testing companies. The second limitation is that the Privacy Rule notoriously contains numerous exceptions to its individual authorization requirements, discussed below. A key issue is whether there is a professional obligation to provide secondary findings of genome sequencing for a predetermined set of gene variants. There is widespread agreement that clinicians should advise their patients about the importance for their relatives of significant diagnostic or predictive genetic information.
A much-discussed judicial opinion suggested that there might be a legal duty for a physician to make these disclosures to a patient's relatives, 83 and a guidance document from the American Society of Human Genetics stated that disclosure is appropriate in certain highly unusual circumstances. Therefore, as a matter of ethics and law, clinicians are neither required nor permitted to inform the genetically at-risk relatives of their patients without the consent or authorization of their patient or their patient's personal representative.
Outside the healthcare setting, millions of people now obtain DTC genetic testing for a wide range of purposes, some of which can impinge on their privacy interests or the privacy interests of others.
Companies now purport to provide genetic insights into health, ancestry and genealogy, family relationships, and lifestyle choices. All of these efforts to define biological relationships require people to share their genetic data. Companies are also beginning to provide genetic tests that can be broadly understood as health-related, directly to the consumer and without the involvement of a healthcare provider.
A study of 90 DTC-GT companies operating within the USA sheds light on the information that these companies provide to consumers about their genetic data practices. Of the 55 companies with policies governing genetic data, just over half stated what information would be shared with the testing laboratory or what procedures, if any, were used to safeguard the information. Only half discussed whether the sample would be stored or not, a number of which had a policy of retaining the physical sample eg a saliva sample, cheek swab, or the extracted DNA.
In addition, many indicated that they would retain any genetic data generated from these samples indefinitely. Policies also varied in terms of what information was provided regarding ownership and commercialization of genetic data. Many companies did not explicitly claim ownership of a consumer's DNA, but they often retained broad rights to commercialize the resulting data.
Of the 55 companies with policies governing genetic data, nearly half 23 companies had policies with provisions that indicated data would or might be shared with third parties, yet none provided an exhaustive list.
Eighteen explicitly stated that they would share deidentified data with third parties without further consent. Ten companies allowed participants to opt-in for sharing data with outside researchers, while five explicitly permitted such sharing by default. The shortcomings of these policies in defining what data will be retained and with whom they might be shared are particularly worrisome because these companies typically are not subject to many of the laws that apply in clinical settings, such as HIPAA 99 and Clinical Laboratory Improvement Amendments CLIA.
The rest of the industry is largely left to self-regulate, including with respect to the quantity and quality of information they provide to consumers about their company's genetic data practices.
State laws may also implicate the DTC industry, but they vary widely by jurisdiction and in their scope. States regulate through a variety of mechanisms, some of which are specific to genetic testing and the resulting data, including laboratory licensing requirements, defining what constitutes the practice of medicine and who is authorized to order certain genetic tests, or imposing informed consent requirements.
The only meaningful enforcement action to date occurred in , against GeneLink, Inc. In the absence of a robust regulatory framework or binding guidelines governing genetic data practices, the DTC genetic testing industry is left to develop its own voluntary best practices.
Bib word missouri law adult covering. Electronic Resources
Students and faculty can use these and the computer lab on the First Floor. Non-law school patrons may sometimes access these databases by coming into the library and using the resources at a public computer. If you still have trouble, call them.
Click the URL for the database see tabs above for links. All rights reserved. As a national leader in the field of dispute resolution, we seek to complement a strong traditional curriculum with an orientation toward lawyering as a problem-solving endeavor.
We strive to foster a diverse faculty of nationally recognized scholars who are committed to effective teaching, and to attract a student body with diverse experiences and views. We also strive to offer an intellectually rigorous and collegial environment for the study of law. Mizzou Law students are required to complete 89 hours of law school classes in order to graduate. Following the prescribed first year, students are required to take Constitutional Law, Evidence, Criminal Procedure and Professional Responsibility.
Several clinical and externship programs are available to upper level students, along with skills training in trial practice, negotiation, interviewing and counseling. Abrams, A. Alexander, R. Barondes, F. Bowman III, M. Conklin, D. Crouch, R. Drake, D. English, R. Freyermuth, R. Gely, B. Gotberg, S. Halabi, E. Henson, R. Johnson, P. Ladehoff, T. Lambert, I. Lee, J. Levin, L. Lidsky, E. Lietzan, P. Litton, S. Myers, J. Niemann, C. Newman, R. Oliveri, R. Schmitz, S. Strong, B. Dyer, R.
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Riskin, R. Uphoff, J. Westbrook, D. Below is a listing of policies that only apply to students in the School of Law. The policies and procedures of the MU School of Law are revised on a regular basis.
Provisions regarding such policies and procedures contained on our website are subject to change without notice. All statements concerning requirements, prerequisites, conditions or other matters are for informational purposes only, and are subject to change without notice.
They are not to be regarded as offers to contract. Fundamental and recurrent problems in civil actions in federal and state courts; remedies; pleading; discovery; trials; jurisdiction; appeals; joinder; preclusion.
Credit Hour : Contract formation, insufficient and defective agreement, bases of promissory liability including consideration and promissory estoppel , restitution, and abuse of bargaining process, Statutes of frauds, parol evidence rule and principles of interpretation, contract performance and risk allocation, remedies for breach. The purposes of criminal law; nature of criminal responsibility; characteristics of particular crimes.
Classification of property; personal property; possession, bailment, lien, gift, bona fide purchase; land conveyancing at common law under statute of uses; freehold estate in land; concurrent estate in land; and introduction to future interests. Credit Hour s : 3. Landlord and tenant; easements, profits, and licenses; support; introduction to water rights, nuisance, covenants running with the land, equitable servitudes, zoning, and modern conveyances. Classification of real and personal property; rights to found goods; bailments; possession and adverse possession; estates in land and future interests; concurrent ownership; Landlord and tenant; easements, profits and licenses; convenants running with land and equitable servitudes; contracts for the sale of land; conveyancing.
Principles and practices governing recovery of damages for injuries to person or property. Topics typically covered are intentional torts, negligence, strict liability, products liability, immunities and a survey of various "no fault" proposals. An introduction to the basics of legal research, legal citation and legal writing.
Each student writes two objective office memoranda, and a client letter. An introduction to Computer Assisted Legal Research, written advocacy, oral advocacy, and the Missouri rules of appellate procedure. Each student writes a trial court motion and brief and then argues that motion. A limited enrollment course designed to assist first-year students to better understand the legal system, prepare for examinations and improve their legal analysis and reasoning skills. The course is designed to provide students an introduction to critical lawyering skills; to give students an overview of the alternative processes that a lawyer can employ to resolve a client's problem; and to offer students an understanding of the lawyer's role as a problem solver.
It includes an introduction to Interviewing, Counseling, Negotiation, Mediation, Arbitration, mixed dispute resolution processes and ways to choose or build dispute resolution process. Study of theories of judicial review and justiciability; sources of federal legislative power, commerce, taxing, spending, treaty, presidential, military powers; power of states to regulate and tax interstate commerce; preemption; state actions doctrine; due process, equal protection, First Amendment rights.
Constitutional and other limitations placed upon law enforcement officers and prosecutors. The basic law of evidence; use in trials, relevancy, circumstantial proof and real proof; use of witnesses; methods of examination; presumptions and burden of proof; and, functions of judge and jury.
Responsibilities of lawyer to client, courts and the public. Topics include: organization of the legal profession, fees, conflicts of interest, the confidential relationship, advertising and solicitation, unauthorized practice and courtroom behavior.
Administrative Law is concerned with the process government agencies use to make decisions. As such it develops the requirements for establishing rules and policies. It also covers the means by which agencies enforce regulations and statutory provisions, and the means for securing judicial review of rules and enforcement actions. Skills training in advanced research techniques and resources used in law practice. Designed to help students become critical legal information consumers with an emphasis on developing effective, cost-efficient research strategies.
Topics include advanced litigation research, legislative and regulatory history, audience research, research in transactional practice areas, and research in other practice areas including legal ethics, public interest law, and international law. In-depth practice with Lexis, Westlaw and free Internet sources, including appropriate and effective use of social networking tools to extend research is also taught.
This course is designed to help students think purposefully about the process of writing and to practice writing and editing in a disciplined way. Students will do exercises involving: rhetorical techniques; grammar; punctuation; and, word usage. Students also will either rewrite or critique portions of appellate briefs or judicial opinions to emphasize a particular technique. The course will examine dignitary and economic torts covering but not limited to such topics as: defamation, invasion of privacy, tortious interference, misrepresentation and injurious falsehood.
The purpose of the course is to provide students with an opportunity to explore tortious conduct and remedies available that are omitted typically from the First Year Torts course. Grading is based on student participation in the examination of witnesses and a semester-ending written trial brief. Interdisciplinary presentations examine both the state of family violence in America and the cross disciplinary issues in effective intervention, including legal procedures.
The seminar is open to 2nd or 3rd year law students and other professional graduate students with permission of the faculty. This is a review of Legal History. The course ends with the conclusion of the Civil War. The course will explore the effects of historical events on the development of law, but the course does not presume prior study of American history. Historical study of the development of American law since the Civil War.
The course will cover such topics as the Civil War amendments to the Constitution; Reconstruction and its aftermath; legal change during the rise of industrialism; race and gender in late 19th century and 20th century America; law in the Progressive Era; the growth of civil liberties and civil rights in the Supreme Court; the law during war and the Depression; jurisprudential trends; and the Civil Rights Movement of the s.
Introduces antitrust and economic analysis and the role of competition, with an emphasis on price fixing, horizontal and vertical restraints of trade, monopoly, and merger problems. The course enhances skills training for the preservation and presentation of matters on appeal. In addition, the courses provides an introductory examination of extraordinary remedies as a complement to appeal and other unique actions filed in the Supreme Court of Missouri.
Law, policy and practices relating to the arbitration process as it is utilized in commercial and international sectors. Topics include modern arbitration statutes e. The course focuses on the rights of both secured and unsecured creditors under state and federal law. State law covers collective actions and individual actions such as execution, attachment, garnishment, and the law of fraudulent conveyances. Federal law concentrates on liquidation proceedings under Chapter 7 of the Bankruptcy Code and reorganizations for wage earners under Chapter 13 of the Code.
The course will include, as time permits, an introduction to the business reorganization provisions of Chapter The course is designed to introduce students to the income tax considerations that arise in a variety of legal contexts and is also beneficial for students not planning to pursue a career in tax. Topics covered are federal income tax problems of individual taxpayers; nature of income; when and to whom income is taxable; exclusion from tax base; deduction; tax effects of exchange or other disposition of capital assets.
The BET Review journal will give students an opportunity to hone their legal research and writing skills, as well as their leadership skills as editors of the journal, on contemporary issues in growing areas of legal practice. It will also provide an outlet for the publication of articles stemming from symposia and a colloquium series that will be held on topics in the fields of intellectual property, entrepreneurship, and tax.
The course is the law school's foundation course in business law. Topics covered include the study of agency, partnership, limited partnerships, limited liability partnerships, limited liability companies, and corporations. The course is a prerequisite for several advanced electives in business law. The course covers the status, rights and obligations of children in contemporary American law; civil proceedings and criminal prosecutions alleging child abuse or neglect; foster care; termination of parental rights; juvenile protective legislation; and delinquency.
Emphasis is placed on juvenile justice doctrine, policy and practice issues and the historical and contemporary operation of juvenile and family courts. The course provides advanced analysis of the protection of civil liberties that derive from the United States Constitution and federal statutes. The course covers the nature and conduct of the counseling process including basic interviewing techniques, psychological factors affecting the interview process, facilitating and structuring the interview, clarification of statements and ascertaining legal issues, and dealing with client resistance and hostility.
The course provides the skills training for students enrolled in the Criminal Clinic. Lectures and simulations are designed to facilitate student skills in case preparation and presentation and client representation.
The course provides students with experience in addressing ethical concerns, conducting fact investigation, client interviewing and counseling, drafting legal documents, direct and cross examination, and, making and responding to objections. Not available to students on probation. The course is a seminar focusing on the study of selected topics involved in the negotiation, drafting, and interpretation of commercial real estate leases.
The course looks at the various parties involved in the process of commercial real estate leasing, their respective interests, and the dynamics of the negotiation and drafting process in which these parties memorialize their respective interests in the lease document. There is a heavy focus upon the careful reading, review, negotiation and revision of the lease document. Grading is based upon a series of exercises involving document review, negotiation, and drafting, and includes both individual and group work.
The course examines the differences and similarities between the major legal systems of the world, focusing on distant areas of substantive and procedural law to demonstrate diverse methods of addressing similar legal issues. Students will leave the class with a solid understanding of 1 how U. Principles taught in this course will be equally applicable to those who anticipate practicing domestic U. No foreign language skills are necessary for this course.
The course will examine principles and practical techniques relevant to complex civil cases. Each student will be required to complete several drafting assignments. This course will explore aspects of complex civil litigation through the lens of mass torts lawsuits. It will specifically examine issues such as discovery and scientific evidence, alternative liability issues, class action and multi-district litigation, and alternatives to litigation.
This course will involve a final exam. The course draws its theoretical teachings from a variety of disciplines beyond law: psychology, sociology, anthropology and economics. The course teaches students the principles of drafting commercial agreements. Although the course will be of particular interest to students pursuing a corporate or commercial law career, the concepts are applicable to any transactional practice.
Students will learn how transactional lawyers translate business deals into contract provisions, as well as techniques for minimizing ambiguity and drafting with clarity. Through a combination of lecture, hands-on drafting exercises and extensive homework assignments, students will learn about different types of contracts, other documents used in commercial transactions, and the drafting problems that contracts and other documents present.
Course will also focus on how a drafter can add value to a deal by finding, analyzing and resolving business issues. Grades will be based on the graded assignments, good faith completion of the ungraded assignments, and class participation.
The course examines the nature of copyright law; common law misappropriation; scope of common law copyrights; the Copyright Revision Act of as amended; formalities of registration fixation, copyright notice ; copyrightable subject matter; originality; exclusive rights of copyright owner; scope of copyright protection; substantial similarity and infringement; fair use; joint and composite works; duration, renewal, termination, transfer; remedies; artists moral rights; federal preemption; international protection; copyrightability of computer software; and, copyright issues on the internet.
The course provides an in-depth study of the federal income taxation of corporations and their shareholders, including the tax aspects of forming and capitalizing a corporation, corporate distributions, redemptions, and taxable and tax-free corporate liquidations.
This course will be taught using the problem method of instruction. The Criminal Clinic is available during both the Fall and Winter semesters. It can only be taken once.
Enrollment is limited to 8 students per semester. Students must have prior permission of professor. The course examines the justice system's processing of formal criminal cases from the point at which a defendant is formally charged and going forward.
The course reviews the processing and adjudication of criminal cases. Topics include the defendant's rights under the Sixth Amendment e. This will be both an advanced criminal procedure course similar to "bail to jail" courses at other law schools and an advanced criminal law course. The course will focus on the impact culture can have on the private ordering of disputes.
Culture affects communication, perceptions regarding conflict and methods for resolution. The course introduces students to business and legal issues common to commercial transactions. Class will emphasize the thought process involved in, and required by, the practice of transactional law, skills such as interviewing, counseling and communicating with your client, understanding business issues and drafting contract provisions to reflect those issues, negotiation deals and managing a transaction closing.
Simulation exercise, in-class role-play and lectures, out-of-class due diligence, negotiation and other exercises. Students cannot enroll concurrently in Corporate Finance and Deal Skills. Students who have completed Deal Skills are precluded from enrolling in Corporate Finance.
However, students are allowed to enroll in Deal Skills even if they have already taken Corporate Finance. The course will focus primarily on the U. The course will explore the need for expanded and equalized access to remedies in consumer cases, and how the internet opens doors to online dispute resolution "ODR" systems that utilize cost-effective negotiation, mediation, and arbitration processes for resolving complaints.
ODR also has potential to ease power imbalances that have hindered market regulation. Accordingly, this course will look at the various systems currently used by major companies such as eBay, as well as the rules and treaty developments in global markets.
The class also will include deep consideration of both the potential and drawbacks of ODR systems. All ODR processes are not beneficial, and thus we will also discuss development of best practices and question policy directions. The course examines problems frequently encountered in general office practice land transfers, mortgages, leases, contracts, wills, business organizations, etc.
Use and adaptation of legal forms. This course examines the application of discrete doctrines from criminal law, constitutional law, juvenile law, employment law, and disability law to the legal problems facing American schools. Students will explore the ways in which the objectives of these discrete legal doctrines either promote or interfere with our educational policies. Substantive areas of concentration include state regulation of education; freedom of speech, association and religion; equal educational opportunity; employment of teachers; and discipline of students.
This course address legal issues impacting older individuals, including discussion of government benefits Social Security, Medicaid, Medicare, Supplemental Security Income , long-term care types, contract issues, civil rights, and financial planning , guardianship and conservatorship, planning for incapacity, and health care decisions at the end of life.
The course emphasizes planning techniques for the average client. Grade will be based on a short paper and take-home exam. The course may be taken for writing credit. This course will introduce students to the many theoretical and practical constitutional, statutory, common law, and policy issues that accompany the franchise, including: legislative districting, voting rights, campaign finance, political parties, interest groups, direct democracy, and alternative democratic structures.
The course will emphasize federal law, but will also address Missouri state law as appropriate. This course provides an in-depth treatment of the legal, technical, and cost management issues involving electronically stored information "ESI" in civil litigation. Practice drafting litigation holds, preservation orders, and related e-discovery documents regularly used in civil litigation.
Grading is based on student projects and a final examination. It also requires self-awareness, or "emotional intelligence," by the lawyer in order to be able to operate effectively in a complex and nuanced legal environment. This course is designed to help students develop their emotional intelligence by cultivating such personal and social competencies as personal and social awareness, understanding of motivation, empathy and social skills.
This course examines the laws which prohibit discriminatory practices in employment. Additionally, the course addresses the administrative process available for dealing with employment discrimination complaints, the prima facie case requirement and burden shifting analysis used in civil rights cases, and affirmative action requirements. Employment Law focuses on the legal relationship between employers and employees in the non-unionized workplace.
The course will survey a variety of issues regarding the establishment, maintenance and termination of the employment relationship. For example, the course will cover the common law aspects of that relationship, particularly contracts and torts. It will examine statutory modifications of the common law in areas such as wage and hours, pensions, whistle-blower protection, unemployment insurance, workers compensation, and health and safety.
The Entrepreneurship Legal Clinic the "ELC" combines business law issues, intellectual property, and transactional experiential learning. Students will survey the legal and business issues encountered by entrepreneurs and develop the practical skills necessary to effectively represent them, including client interviewing and counseling, entity formation and planning, governance issues, employee issues, intellectual property analysis except patents [presently] , and contract drafting.
Students must have the Supervising Attorney's permission to enroll, and they must satisfy the Requisites listed below. The Clinic is graded and enrollment is limited. Federal and state regulation of the environment, including the economic and philosophical foundations of environmental regulation, the common law roots of environmental regulation, and substantive coverage of a number of environmental statutes, such as the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, National Environmental Policy Act, and Endangered Species Act.
Applies substantive law learned in Estates and Trusts and Basic Income Tax to the drafting of estate planning documents and related documents typical of those used in law practice. Grade based entirely on student projects.
Wills: probate process and will contests, intestate succession; restrictions on testation; execution, revival of wills; integration, incorporation by reference, events of independent significance; will substitutes; will construction; family protection.. Trusts: elements and creations; modification and termination; beneficial interests; charitable trusts; trust construction; powers of appointment; trust administration and fiduciary duties.
The Externship offers students an opportunity to develop the skills necessary to bridge the gap between law school and law practice. Through the Externship, students prepare for "effective and responsible participation in the legal profession" ABA Std.
Details concerning the requirements and structure of the course are available at the Externship webpage. After surveying the variety of family arrangements in contemporary America and central issues concerning the practice of domestic relations law, this course covers marriage; dissolution; distribution of martial property; alimony; child custody' visitation and support; post-dissolution disputes over custody and child-rearing; non-marital families and non-marital children; private agreements in family law; and alternative dispute resolution in collaboration with other professions in client representations, and ethical and policy issues.
Rule 13 certified law students represent needy abused women and children in 13 rural Missouri counties. Students obtain orders of protection in adult abuse courts, and appear in protective custody cases in juvenile courts.
Weekly debriefings may include interprofessional graduate students. This course will cover key issues that arise in the administration of decedent's estates and trusts, including the necessity for probate, rights of creditors, the fiduciary obligations of trustees and personal representatives, investments, and accounting and distribution.
Depending on class size, grading will be based either on an exam, a practice-oriented project, or both. The course will examine the role of federal courts and their relationship to state courts. Topics covered: justiciability; federal question and diversity jurisdiction; sovereign immunity; abstention; and habeas corpus.
A study of the rights of speech and association under the First Amendment of the United States Constitution. Major Supreme Court decisions regarding freedom of speech, including content-based and content-neutral restrictions of speech, regulation of commercial speech, regulation of obscenity and pornography, regulation of speech in public and private fora, libel and privacy law, forced association with persons or ideas, and subsidization of speech.
This course examines the laws that govern food safety and food labeling, and considers how well this network works to protect American consumers. It also considers current issues affecting the global food system. Representative topics include recent food safety problems such as tainted meat and salmonella contamination of eggs; food labeling issues such as the use of the term "grass fed" in meat labeling and the use of GMO seed; organic standards; government efforts to address the obesity problem; urban food deserts; animal welfare concerns; the regulation of pet food, and the like.
Specific topics addressed each semester will depend on current events and recent legal developments. Students will be graded on the basis of research paper and class participation. The course will often include a writing section designed to meet the upper-level writing requirement. The course may be offered from time to time as a paper-only course, designed to meet the upper-level writing requirement. This class will examine the historical development and modern context of the regulation of firearms.
Although emphasizing domestic law, some international and comparative perspectives will be examined. The class may be taken for writing credit.
A study of the treatment of gender by the legal system. Topics will include a survey of writings by influential feminist legal scholars, historians and social scientists; a comparison of different theoretical frameworks; and an overview of substantive law and the latest legal developments involving gender.
To Kill a Mockingbird is a novel by Harper Lee published in Instantly successful, widely read in high schools and middle schools in the United States, it has become a classic of modern American literature , winning the Pulitzer Prize. The novel is renowned for its warmth and humor, despite dealing with the serious issues of rape and racial inequality.
The narrator's father, Atticus Finch , has served as a moral hero for many readers and as a model of integrity for lawyers. Historian, J. As a Southern Gothic and Bildungsroman novel, the primary themes of To Kill a Mockingbird involve racial injustice and the destruction of innocence.
Scholars have noted that Lee also addresses issues of class, courage, compassion, and gender roles in the American Deep South. The book is widely taught in schools in the United States with lessons that emphasize tolerance and decry prejudice. Despite its themes, To Kill a Mockingbird has been subject to campaigns for removal from public classrooms, often challenged for its use of racial epithets. Reaction to the novel varied widely upon publication.
Despite the number of copies sold and its widespread use in education, literary analysis of it is sparse. Author Mary McDonough Murphy, who collected individual impressions of To Kill a Mockingbird by several authors and public figures, calls the book "an astonishing phenomenon". Since , a play based on the novel has been performed annually in Harper Lee's hometown. Lee continued to respond to her work's impact until her death in February , although she had refused any personal publicity for herself or the novel since Born in , Harper Lee grew up in the Southern town of Monroeville, Alabama , where she became close friends with soon-to-be famous writer Truman Capote.
She attended Huntingdon College in Montgomery —45 , and then studied law at the University of Alabama — While attending college, she wrote for campus literary magazines: Huntress at Huntingdon and the humor magazine Rammer Jammer at the University of Alabama. At both colleges, she wrote short stories and other works about racial injustice, a rarely mentioned topic on such campuses at the time.
An editor at J. Lippincott , who bought the manuscript, advised her to quit the airline and concentrate on writing. Donations from friends allowed her to write uninterruptedly for a year. Hohoff was impressed, "[T]he spark of the true writer flashed in every line," she would later recount in a corporate history of Lippincott,  but as Hohoff saw it, the manuscript was by no means fit for publication.
After the "Watchman" title was rejected, it was re-titled Atticus but Lee renamed it To Kill a Mockingbird to reflect that the story went beyond a character portrait. The book was published on July 11, I never expected any sort of success with 'Mockingbird. I was hoping for a quick and merciful death at the hands of the reviewers but, at the same time, I sort of hoped someone would like it enough to give me encouragement. Public encouragement. I hoped for a little, as I said, but I got rather a whole lot, and in some ways this was just about as frightening as the quick, merciful death I'd expected.
Instead of a "quick and merciful death", Reader's Digest Condensed Books chose the book for reprinting in part, which gave it a wide readership immediately. The story, told by the six-year-old Jean Louise Finch, takes place during three years —35 of the Great Depression in the fictional "tired old town" of Maycomb, Alabama, the seat of Maycomb County.
Jean Louise Finch, nicknamed Scout, lives with her older brother Jeremy, nicknamed Jem, and their widowed father Atticus, a middle-aged lawyer. Jem and Scout befriend a boy named Dill, who visits Maycomb to stay with his aunt each summer. The three children are terrified, yet fascinated by their neighbor, the reclusive Arthur "Boo" Radley. The adults of Maycomb are hesitant to talk about Boo, and few of them have seen him for many years. The children feed one another's imagination with rumors about his appearance and reasons for remaining hidden, and they fantasize about how to get him out of his house.
After two summers of friendship with Dill, Scout and Jem find that someone is leaving them small gifts in a tree outside the Radley place.
Several times the mysterious Boo makes gestures of affection to the children, but, to their disappointment, he never appears in person.
Judge Taylor appoints Atticus to defend Tom Robinson, a black man who has been accused of raping a young white woman, Mayella Ewell. Although many of Maycomb's citizens disapprove, Atticus agrees to defend Tom to the best of his ability. Other children taunt Jem and Scout for Atticus's actions, calling him a " nigger -lover".
Scout is tempted to stand up for her father's honor by fighting, even though he has told her not to. One night, Atticus faces a group of men intent on lynching Tom. This crisis is averted in an unexpected manner: Scout, Jem, and Dill show up, and Scout inadvertently breaks the mob mentality by recognizing and talking to a classmate's father, and the would-be lynchers disperse.
Atticus does not want Jem and Scout to be present at Tom Robinson's trial. No seat is available on the main floor, but the Rev. Sykes invites Jem, Scout, and Dill to watch from the colored balcony. Atticus establishes that Mayella and Bob Ewell are lying. It is revealed that Mayella made sexual advances toward Tom, subsequently resulting in her being beaten by her father. The townspeople refer to the Ewells as " white trash " who are not to be trusted, but the jury convicts Tom regardless.
Jem's faith in justice is badly shaken. Atticus is hopeful that he can get the verdict overturned, but Tom is shot and killed while trying to escape from prison. Despite Tom's conviction, Bob Ewell is humiliated by the events of the trial, Atticus explaining that he "destroyed [Ewell's] last shred of credibility at that trial.
Finally, he attacks Jem and Scout while they are walking home on a dark night after the school Halloween pageant. Jem suffers a broken arm in the struggle, but amid the confusion someone comes to the children's rescue. The mysterious man carries Jem home, where Scout realizes that he is Boo Radley.
Sheriff Tate arrives and discovers Ewell dead from a knife wound. Atticus believes that Jem was responsible, but Tate is certain it was Boo. The sheriff decides that, to protect Boo's privacy, he will report that Ewell simply fell on his own knife during the attack. Boo asks Scout to walk him home.
After she says goodbye to him at his front door, he disappears, never to be seen again by Scout. While standing on the Radley porch, Scout imagines life from Boo's perspective. Lee said that To Kill a Mockingbird is not an autobiography , but rather an example of how an author "should write about what he knows and write truthfully". Lee's father, Amasa Coleman Lee, was an attorney, similar to Atticus Finch, and in , he defended two black men accused of murder.
After they were convicted, hanged and mutilated,  he never tried another criminal case. Lee's father was also the editor and publisher of the Monroeville newspaper.
Lee's mother was prone to a nervous condition that rendered her mentally and emotionally absent. Lee modeled the character of Dill on Truman Capote , her childhood friend known then as Truman Persons.
Both Lee and Capote loved to read, and were atypical children in some ways: Lee was a scrappy tomboy who was quick to fight, and Capote was ridiculed for his advanced vocabulary and lisp.
She and Capote made up and acted out stories they wrote on an old Underwood typewriter that Lee's father gave them. They became good friends when both felt alienated from their peers; Capote called the two of them "apart people".
Down the street from the Lees lived a family whose house was always boarded up; they served as the models for the fictional Radleys. He was hidden until virtually forgotten; he died in The origin of Tom Robinson is less clear, although many have speculated that his character was inspired by several models. The story and the trial were covered by her father's newspaper, which reported that Lett was convicted and sentenced to death.
After a series of letters appeared claiming Lett had been falsely accused, his sentence was commuted to life in prison. He died there of tuberculosis in However, in , Lee stated that she had in mind something less sensational, although the Scottsboro case served "the same purpose" to display Southern prejudices. The strongest element of style noted by critics and reviewers is Lee's talent for narration, which in an early review in Time was called "tactile brilliance".
Her art is visual, and with cinematographic fluidity and subtlety we see a scene melting into another scene without jolts of transition. Writing about Lee's style and use of humor in a tragic story, scholar Jacqueline Tavernier-Courbin states: "Laughter After Dill promises to marry her, then spends too much time with Jem, Scout reasons the best way to get him to pay attention to her is to beat him up, which she does several times.
Satire and irony are used to such an extent that Tavernier-Courbin suggests one interpretation for the book's title: Lee is doing the mocking—of education, the justice system, and her own society—by using them as subjects of her humorous disapproval.
Critics also note the entertaining methods used to drive the plot. This prompts their black housekeeper Calpurnia to escort Scout and Jem to her church, which allows the children a glimpse into her personal life, as well as Tom Robinson's. She is so distracted and embarrassed that she prefers to go home in her ham costume, which saves her life. The grotesque and near-supernatural qualities of Boo Radley and his house, and the element of racial injustice involving Tom Robinson, contribute to the aura of the Gothic in the novel.
She portrays the problems of individual characters as universal underlying issues in every society. As children coming of age, Scout and Jem face hard realities and learn from them. Jem says to their neighbor Miss Maudie the day after the trial, "It's like bein' a caterpillar wrapped in a cocoon I always thought Maycomb folks were the best folks in the world, least that's what they seemed like".
Just as the novel is an illustration of the changes Jem faces, it is also an exploration of the realities Scout must face as an atypical girl on the verge of womanhood. As one scholar writes, " To Kill a Mockingbird can be read as a feminist Bildungsroman, for Scout emerges from her childhood experiences with a clear sense of her place in her community and an awareness of her potential power as the woman she will one day be.
Despite the novel's immense popularity upon publication, it has not received the close critical attention paid to other modern American classics. Don Noble, editor of a book of essays about the novel, estimates that the ratio of sales to analytical essays may be a million to one. Christopher Metress writes that the book is "an icon whose emotive sway remains strangely powerful because it also remains unexamined".
Harper Lee had remained famously detached from interpreting the novel since the mids. However, she gave some insight into her themes when, in a rare letter to the editor, she wrote in response to the passionate reaction her book caused:. When the book was released, reviewers noted that it was divided into two parts, and opinion was mixed about Lee's ability to connect them. Reviewers were generally charmed by Scout and Jem's observations of their quirky neighbors.