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In the Missouri Supreme Court ______
IN THE MISSOURI SUPREME COURT ________________________________________________________________________ CAUSE NO. SC87400 ________________________________________________________________________ CITY OF ST. LOUIS APPELLANT, v. SPRINT SPECTRUM, L.P. RESPONDENT. ________________________________________________________________________ APPEAL FROM THE CIRCUIT COURT, TWENTY-SECOND JUDICIAL CIRCUIT DIVISION NO. 5 HONORABLE DAVID L. DOWD ________________________________________________________________________ BRIEF OF APPELLANT ________________________________________________________________________ CITY OF ST. LOUIS LAW DEPARTMENT Mark Lawson #33337 Associate City Counselor Room 314, City Hall St. Louis, MO 63103 Phone: (314) 622-3361 Fax: (314) 622-4956 ATTORNEY FOR APPELLANT 1 TABLE OF CONTENTS TABLE OF CONTENTS . 2 TABLE OF AUTHORITIES . 4 JURISDICTIONAL STATEMENT . 18 STATEMENT OF FACTS . 19 POINTS RELIED ON . 22 ARGUMENT . 33 POINT I . 33 POINT II . 39 POINT III . 48 POINT IV . 63 POINT V . 77 POINT VI . 88 POINT VII . 94 POINT VIII . 98 POINT IX . 100 POINT X . 103 POINT XI . 110 POINT XII . 116 POINT XIII . 118 CONCLUSION . 122 CERTIFICATE OF COMPLIANCE . 123 2 CERTIFICATE OF SERVICE . 123 APPENDIX . A-0 3 TABLE OF AUTHORITIES Page Cases 508 Chestnut, Inc. v. City of St. Louis, 389 S.W.2d 823 (Mo. 1965) 111 Airtouch Communications, Inc. v. Dept. of Revenue, 76 P.3d 342 (Wyo. 2003) 38 Airway Drive-In Theatre Co. v. City of St. Ann, 354 S.W.2d 858 (Mo. banc 1962) 115 Armco Steel Corp. v. Dept. of Treasury, 358 N.W.2d 839 (Mich. 1984) 118 Arsenal Credit Union v. Giles, 715 S.W.2d 918 (Mo. banc 1986) 106 Asmus v. Pacific Bell, 999 P.2d 71 (Cal. 2000) 60 B & D Inv. Co., Inc. v. Schneider, 646 S.W.2d 759 (Mo. -
What Do I Do with the Porn on My Computer: How a Lawyer Should Counsel Clients About Physical Evidence Rodney J
University of Missouri School of Law Scholarship Repository Faculty Publications 2017 What Do I Do with the Porn on My Computer: How a Lawyer Should Counsel Clients about Physical Evidence Rodney J. Uphoff University of Missouri School of Law, [email protected] Peter A. Joy Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Evidence Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Peter A. Joy; Rodney J. Uphoff, What Do I Do with the Porn on My Computer: How a Lawyer Should Counsel Clients about Physical Evidence, 54 Am. Crim. L. Rev. 751, 790 (2017) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. "WHAT DO I DO WITH THE PORN ON MY COMPUTER?": HOW A LAWYER SHOULD COUNSEL CLIENTS ABOUT PHYSICAL EVIDENCE Peter A. Joy* & Rodney J. Uphoff** INTRODUCTION Imagine you are a parent, and a plastic bag containing white powder falls out of your twenty-year-old child's jacket as you move it to hang up your own jacket. Based on what you've seen in movies and on television, you are sure the baggie contains drugs. You confront your child, and, after she accuses you of spying on her, she tearfully admits that the bag contains cocaine. What do you do? If you are like most parents, even the most law-abiding, you are unlikely to march your child down to the nearest police station. -
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SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE SAMPLE SA SAMPLE SAMPLE SA SAMPLE SAMPLE SA MPL SAMPLE SAMPLE SA MPL DEM SAMPLEREP SAMPLE MPLE SA E in the County ofSAMPLE Cass SAMPLE MPLE Vote for ONE SA FOR ATTORNEY GENERAL MPLE SAMPLE DEM SAMPLE SA TERESA HENSLEY REP JOSH HAWLEY SAMPLELIB MPLE DISTRICT 4 SA Write-in OFFICIAL SAMPLE BALLOT DEM Vote for ONE eneral Election will be held REP SAMPLE MPLE SAM CASS COUNTY, MISSOURI FOR UNITED STATES REPRESENTATIVE SA LIB LIBERTARIAN - (LIB); CONSTITUTION - (CST); GREEN - (GRN); INDEPENDENT - (IND) NOTICE OF ELECTION GRN GORDON CHRISTENSEN REP MPLE SAMPLE GENERAL ELECTION - NOVEMBER 8, 2016 SAMPLE LIB IND VICKY HARTZLER SA FOR GOVERNORVote for ONE MARK BLISS IND MPLE SAMPLE SAMPLEWrite-in DISTRICT 31 FOR STATEVote SENATOR for ONE SA CHRIS KOSTER DEM MPLE SAMPLE ERIC GREITENS SAMPLEREP SA LIB CISSE W SPRAGINS ED EMERY DEM DON FITZ SAMPLEGRN LORA YOUNG SA MPLREP E SAMPLE LESTER BENTON (LES) TURILLI, JR. TIM WELLS DEMOCRATIC - (DEM); REPUBLICAN - (REP); Vote for ONE DEM Write-in Write-in DISTRICT 33 SAMPLE Vote for ONE MPLE SAMPLE Notice is hereby given that the November G FOR LIEUTENANT GOVERNOR SA FOR STATE REPRESENTATIVE REP DEM on Tuesday, November 8, 2016 as certified to this office by the participating entitiesSAMPLERUSS of CARNAHAN Cass County. REP MPLE SAM LIB MIKE PARSON SALIB CHASE LINDER The ballot for the election shall be in substantially the following form: STEVEN R. HEDRICK DONNA PFAUTSCH A vote for candidates forVote President for ONE PAIR and MPLE CST JENNIFER LEACH SAMPLE Vice President is a vote for their Electors. -
Court Consolidation in Missouri, Where Are We After 20 Years?
Court Consolidation in Missouri, Where Are We After 20 Years? Institute Of Court Management Court Executive Development Program Phase III Project May, 2001 Jerry A. Moyer, Clerk of the Circuit Court Barton County Circuit Court Lamar, Missouri 1 ACKNOWLEDGMENTS: 1. The Honorable C. David Darnold, Senior Judge, State of Missouri; Presiding Circuit Judge, 28th Judicial Circuit, 1979-2000, 2. The Honorable Henry L. Lisle, Associate Circuit Judge, Barton County, Lamar, Missouri, 1967-1982, retired; Member of the Cosgrove Committee, 1974-1976, 3. Mr. David Heumader, Trial Court Administrator, 28th Judicial Circuit, Vernon County, Nevada, Missouri, 1998-present, 4. The Honorable Frank Conley, Presiding Circuit Judge, 13th Judicial Circuit, Boone County, Columbia, Missouri, 1970-present, 5. The Honorable Charles D. Curless, Associate Circuit Judge, Barton County, Lamar, Missouri, 1995-present, 6. Dr. Daniel H. Straub, Ph.D., Senior Faculty Member, Institute for Court Management, National Center For State Courts. 7. Mrs. Nancy Griggs, Director of Court Services Division, Office of State Courts Administrator, State of Missouri. 8. Ms. Linda Hope, Evaluation Specialist, Office of State Courts Administrator, State of Missouri. 2 TABLE OF CONTENTS (Note: Page numbers are changed in electronic format) Acknowledgments....................................................................................................i Table of Contents....................................................................................................ii List of Illustrations -
Missouri Constitution Article III Initiative and Referendum Section
Missouri Constitution Article III Initiative and Referendum Section 49. Reservation of power to enact and reject laws. The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly, except as hereinafter provided. Section 50. Initiative petitions--signatures required--form and procedure. Initiative petitions proposing amendments to the constitution shall be signed by eight percent of the legal voters in each of two-thirds of the congressional districts in the state, and petitions proposing laws shall be signed by five percent of such voters. Every such petition shall be filed with the secretary of state not less than six months before the election and shall contain an enacting clause and the full text of the measure. Petitions for constitutional amendments shall not contain more than one amended and revised article of this constitution, or one new article which shall not contain more than one subject and matters properly connected therewith, and the enacting clause thereof shall be "Be it resolved by the people of the state of Missouri that the Constitution be amended:". Petitions for laws shall contain not more than one subject which shall be expressed clearly in the title, and the enacting clause thereof shall be "Be it enacted by the people of the state of Missouri:". Section 51. Appropriations by initiative--effective date of initiated laws -- conflicting laws concurrently adopted. The initiative shall not be used for the appropriation of money other than of new revenues created and provided for thereby, or for any other purpose prohibited by this constitution. -
Religious Participation Versus Shopping: What Makes People Happier?
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Cohen-Zada, Danny; Sander, William Working Paper Religious participation versus shopping: What makes people happier? IZA Discussion Papers, No. 5198 Provided in Cooperation with: IZA – Institute of Labor Economics Suggested Citation: Cohen-Zada, Danny; Sander, William (2010) : Religious participation versus shopping: What makes people happier?, IZA Discussion Papers, No. 5198, Institute for the Study of Labor (IZA), Bonn This Version is available at: http://hdl.handle.net/10419/46138 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons -
You Are Advised That the Proposed Constitutional Amendment May Change, Repeal, Or Modify by Implication Or May Be Const
NOTICE: You are advised that the proposed constitutional amendment may change, repeal, or modify by implication or may be construed by some persons to change, repeal or modify by implication, the following Articles and Sections of the Constitution of Missouri: Article I, Section 8 and the following Sections of the Missouri Revised Statutes: Sections 105.450 through 105.496 and Sections 130.011 through 130.160. The proposed amendment revises Article III of the Constitution by amending Sections 2, 5, 7, and 19 and adopting three new sections to be known as Article III Sections 3, 20(c), and 20(d). Be it resolved by the people of the state of Missouri that the Constitution be amended: Section A. Article III of the Constitution is revised by amending Sections 2, 5, 7, 19, and adopting three new sections to be known as Article III Sections 3, 20(c), and 20(d) to read as follows: Section 2. After the effective date of this section, no person serving as a member of or employed by the General Assembly shall act or serve as a paid lobbyist, register as a paid lobbyist, or solicit prospective employers or clients to represent as a paid lobbyist during the time of such service until the expiration of two calendar years after the conclusion of the session of the general assembly in which the member or employee last served and where such service was after the effective date of this section. (a) No person serving as a member of or employed by the General Assembly shall accept directly or indirectly a gift of any tangible or intangible item, service, or thing of value from any paid lobbyist or lobbyist principal in excess of five dollars per occurrence. -
Retail Detail Holiday Blues for Employers in New England
Retail Detail Holiday Blues for Employers in New England The holiday season brings an extra surprise for New England employers this year: two additional “holidays” that impose premium pay and voluntariness of work requirements for certain employees working December 26 or January 2. Employers doing business in Massachusetts and Rhode Island may already be familiar with “Blue Laws” imposing certain requirements for work performed on Sundays and certain holidays. When certain holidays, including Christmas and New Year’s Day, fall on a Sunday – as they do this year – those holidays legally are observed on the following Monday. For those two weeks, the Blue Laws apply to both the actual holiday (because it is a Sunday) and the following Monday (because it is a legal holiday). What does this mean for employers in those states? As explained below, the answer varies based on the state and nature of the employer’s business. Massachusetts Retail Employers Retail employers in Massachusetts may not open on December 25, and retail employers operating on December 26, January 1, and January 2 must follow unique requirements regarding premium pay and voluntariness of work. Retail businesses must pay non-exempt employees who work on those days premium pay of least one and one-half times their regular rate of pay. This premium pay can be off set against any overtime worked in the same workweek. For example, if an employee works a total of 48 hours during the week of December 25, and 8 of those hours are on December 26, the employee is due a total of 40 hours of pay at his regular rate and 8 hours of pay at one and on-half times his regular rate. -
The Source of Authority for Rules of Court Affecting Procedure
Washington University Law Review Volume 22 Issue 4 January 1937 The Source of Authority for Rules of Court Affecting Procedure Tyrrell Williams Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Courts Commons Recommended Citation Tyrrell Williams, The Source of Authority for Rules of Court Affecting Procedure, 22 WASH. U. L. Q. 459 (1937). Available at: https://openscholarship.wustl.edu/law_lawreview/vol22/iss4/2 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WASHINGTON UNIVERSITY LAW QUARTERLY Volume XXII JUNE, 1937 Number 4 THE SOURCE OF AUTHORITY FOR RULES OF COURT AFFECTING PROCEDURE TYRRELL WILLIAMSt This article is divided into sections as here indicated. Section 1: The Scope of This Article. Section 2: What Is Procedure? Section 3: What Are Rules of Court? Section 4: The Different Functions of the Judiciary under a Typical American State Con- stitution. Section 5: The Doctrine of Inherent Judicial Power over Matters Ancillary to the Administration of Justice, but Concurrent with Non-Frustrating Legislative Power. Section 6: Certain Doctrines at Variance with the Doctrine Presented in Section 5. Section 7: The Doctrine of Legislative Supremacy in the Field of Procedure. Section 8: Constitutional Limitations on the Doctrine of Legislative Supremacy. Section 9: The Doctrine of Inherent and Exclusive Judicial Rule-Making Power in the Field of Procedure. -
Current Status of Sunday Closing Laws in the United States and Their Am Rketing Implications in Selected Metropolitan Areas
Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School 1967 Current Status of Sunday Closing Laws in the United States and Their aM rketing Implications in Selected Metropolitan Areas. Fred R. Endsley Louisiana State University and Agricultural & Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Recommended Citation Endsley, Fred R., "Current Status of Sunday Closing Laws in the United States and Their aM rketing Implications in Selected Metropolitan Areas." (1967). LSU Historical Dissertations and Theses. 1246. https://digitalcommons.lsu.edu/gradschool_disstheses/1246 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. This dissertation has been fi7~8777 microfilmed exactly as received ENDSLEY, Fred R., 1930- CURRENT STATUS OF SUNDAY CLOSING LAWS IN THE UNITED STATES AND THEIR MARKETING IMPLICATIONS IN SELECTED METROPOLITAN AREAS. Louisiana State University and Agricultural and Mechanical College, Ph.D., 1967 Business Administration University Microfilms, Inc., Ann Arbor, Michigan CURRENT STATUS OF SUNDAY CLOSING LAWS IN THE UNITED STATES AND THEIR MARKETING IMPLICATIONS IN SELECTED METROPOLITAN AREAS A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of Management and Marketing by Fred R. Endsley B.A., Grinnell. College, 1952 M.B.A., Indiana University, 1958 January, 1967 ACKNOWLEDGMENT The writer wishes to express appreciation to Dr. -
Examining Canada's Legal Response to the Clash of Public Safety And
Volume 13, 2010 TOURO INTERNATIONAL LAW REVIEW - 1 - Security and the Sacred: Examining Canada’s Legal Response to the Clash of Public Safety and Religious Freedom By Michael Baker ABSTRACT In recent years, the Supreme Court of Canada has grappled with the issue of religious freedom within the public sphere. Particularly, the Court has examined the question of when, if ever, religious freedom should yield to perceived public safety concerns. These perceived concerns have involved numerous forms of expression, but the discussion has most often focused on the kirpan , a small dagger, and an important article of the Sikh faith. This article examines the rulings of Canadian courts with respect to this and other faith-based articles of expression, and posits that a clear, consistent legal approach has yet to be articulated. The article then attempts to outline what a desirable rule for these cases would look like, taking Canada’s legal history and prevailing values into consideration in doing so. TABLE OF C ONTENTS I. INTRODUCTION …………………………………………………………… 3 II. FREEDOM OF R ELIGIOUS E XPRESSION G ENERALLY ………………………...... 5 A. International Recognition of Religious Freedom …………………………. 5 B. Non-Western Religious Practices in the Post-9/11 Western World ………………………………………………………………............ 7 III. THE C ANADIAN C ONCEPTION OF R ELIGIOUS F REEDOM ……………………... 9 A. Placing Limitations on Religious Freedom in Canada ……………………. 12 B. Safety Concerns Posed by Religious Clothing and Symbols ……………… 14 1. Safety concerns involving religious head coverings ………………….. 17 2. Safety concerns involving the kirpan ………………………………….. 21 IV. ANALYSIS ………………………………………………………………… 27 Volume 13, 2010 TOURO INTERNATIONAL LAW REVIEW - 2 - A. The Tendencies of the Canadian Courts in Approaching Limitations to Religious Freedom ………………………………………… 29 B. -
The •Œright to Farm╊ and Missouri╎s Review of Constitutional Amendments
CORE Metadata, citation and similar papers at core.ac.uk Provided by University of Missouri School of Law Missouri Law Review Volume 81 Issue 1 Winter 2016 Article 20 Winter 2016 Sustainable Constitutional Growth? The “Right to Farm” and Missouri’s Review of Constitutional Amendments Angela Kennedy Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Angela Kennedy, Sustainable Constitutional Growth? The “Right to Farm” and Missouri’s Review of Constitutional Amendments, 81 MO. L. REV. (2016) Available at: https://scholarship.law.missouri.edu/mlr/vol81/iss1/20 This Comment is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Kennedy: Sustainable Constitutional Growth? COMMENT Sustainable Constitutional Growth? The “Right to Farm” and Missouri’s Review of Constitutional Amendments ANGELA KENNEDY* INTRODUCTION The Missouri River Basin is comprised of more than 100 million acres of cropland across nine states, including Missouri.1 It produces nearly half of U.S. wheat, nearly a quarter of its grain corn, and over a third of its cattle, and in 2008, the value of these crops and livestock exceeded $100 billion.2 Mis- souri’s share in this revenue, however, contributed to less than three percent of Missouri’s gross domestic product (“GDP”) in 2013:3 not what one would call the “foundation and stabilizing force of Missouri’s economy,” or even a “vital sector of Missouri’s economy.”4 Yet these assertions are memorialized * B.A., Brigham Young University, 2010; J.D.