7300 research outputs found
Sort by
Writing by Presidential Example: The First Inaugural Addresses of Reagan and Obama
Get PDFThis article is about two recent U.S. presidents who differed from one another in prominent respects. One entered the Oval Office as a staunch Republican; the other entered as a staunch Democrat. One was one of the oldest men ever to serve in the Oval Office; the other was one of the youngest. The pair assumed contrasting positions on the political spectrum.
Despite these differences, however, the pair – Ronald Reagan and Barack Obama – shared an important common denominator. As president, both achieved recognition as “great communicators,” thanks in large part to their speeches marked by dexterity with the spoken and written language. In June 2009, after Obama had been in the White House for five months, journalist Albert R. Hunt wrote in the New York Times that “Mr. Obama is the most impressive presidential communicator at least since Reagan.
Missouri’s New Green Standard or Gray Area? What Facts and Evidence Missouri Courts Must Consider in Summary Judgment Motions Green v. Fotoohighiam, 606 S.W.3d 113 (Mo. 2020) (en banc).
Get PDFOver the past three decades, it has become routine for Missouri litigators to cite ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp. as Missouri’s summary judgment standard. It has remained one of the Supreme Court of Missouri’s most cited opinions regarding summary judgment despite revisions to Missouri Rule of Civil Procedure 74.04(c)(1)–(2) in 1994 – one year after ITT interpreted and applied the previous version of the rule. In August 2020, the Supreme Court of Missouri revised ITT’s outdated guidance on what constitutes the record upon which trial courts must rely when deciding motions for summary judgment. Green v. Fotoohighiam was the Supreme Court of Missouri’s first time clarifying these rules and the first time that the court formally overruled parts of ITT and cases applying it. In doing so, the court indicated that facts come into the summary judgment record only via reference in a Rule 74.04(c) statement of uncontroverted material fact or response thereto
In Words of the Pandemic, Arbitration Jurisprudence Needs a Ventilator
Get PDFThe COVID-19 pandemic and arbitration share a few chronic symptoms. There are conflicting opinions about the standards for governing rulemaking, a debate on whether state policy or federal authority should control, and questions about the jurisdiction and neutrality of decisionmakers responsible for providing solutions. For those seeking review of an arbitration award today, like the current health environment, the situation is disconcerting. No herd immunity or PPE exists to protect challengers against the legal contagion spreading through the arbitration review process
State Legislative Update
Get PDFThe State Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field. This year’s State Legislative Update is especially important because the operations of state legislatures were altered due to the COVID-19 Pandemic.*
“They’re Just Playing”: Why Child Social Media Stars Need Enhanced Coogan Protections to Save them from their Parents
Get PDFIn May 2020, American social media influencer Myka Stauffer, who boasted almost one million followers across various internet platforms at the peak of her career, announced that she and her husband were “rehoming” their autistic son, Huxley, whom they adopted from China three years prior. Over the course of their journey to adopt Huxley, the Stauffers monetized dozens of posts and videos across several channels and accounts on YouTube and Instagram, prominently featuring Huxley in advertisements for brands like Dreft, Danimals, and Playtex Baby. The Stauffers, who were also accused of duct taping Huxley’s hands to stop him from sucking his thumb, were investigated and subsequently cleared from these and other abuse allegations after Huxley was placed in a new home through the help of his adoption agency. What will young Huxley see of the estimated tens of thousands of dollars his parents earned from his appearances in online videos and posts featuring personal information about his mental and physical disabilities, therapy, and progress before being placed into another home? According to California Law, he is not entitled to a single dime. Neither are any of the Stauffer’s four biological children, nor any other social media star earning money online who happens to be a minor
