Given the common law or statutory doctrines of commercial impracticability and frustration, parties typically address the risk of supervening events by including a force majeure or other “escape clause” in their contract. Because these clauses are enforceable under Missouri law, the place to start is the contract itself.Read More »
FaithlessElector.com: What’s in a (domain) name
On June 26, 2020, the U.S. Supreme Court issued its ruling in United States Patent and Trademark Office et al. v. Booking.com B.V. The high court held that the fact a term is a generic descriptor when standing alone does not dictate that a domain name featuring the same term with a .com appendage is similarly generic.Read More »
The COVID-19 Pandemic: When is contractual performance excused under Missouri law on force majeure, commercial impracticability and commercial frustration?
The COVID-19 pandemic is inflicting human misery and wreaking economic havoc. In most areas — including Missouri — local and state governments ordered non-essential businesses to shut down and required non-essential workers to work from home, if possible, in an effort to slow the spread of infection.Read More »
Lessons learned from ‘Sweet History’
I have been practicing law for more years than I care to count. During the course of my career, the type of work that has made up the bulk of my practice has changed, virtually year to year. The firm ...Read More »
Will the recall effort against the Ferguson mayor pass judicial scrutiny?
There is an open question — and possibly conflicting statutes — as to whether Ferguson Mayor James Knowles III can be recalled for his leadership of the city. There may also be a question of how many signatures are actually needed for the recall. The problem here is that the state law may conflict with the local law.
Tagged with: FergusonRead More »
Commentary: Take a look at where you put citations
Should citations be in text or footnotes?Read More »
Commentary: Reforming the NSA’s surveillance practices
It is time for the president and Congress to curtail the surveillance practices of the NSA. Doing so will help restore the people’s trust in their government.
Tagged with: National Security AgencyRead More »
Commentary: Ranking the Supreme Court’s home-run hitters
In the nation’s history, 112 people have served on the Supreme Court of the United States. Suppose that we were to select the all-time greats. Who would make the cut?
Tagged with: U.S. Supreme CourtRead More »
Commentary: ‘Diploma privilege’ may be death knell for bar exam
With close to 30 percent of states currently offering the same bar exam and the idea of a diploma privilege system growing, the death knell for the traditional bar exam is growing louder.
Tagged with: bar examRead More »
Commentary: Steer away from ‘road rage’ in the law office
The law cannot be a profession unless we ourselves maintain professionalism.Read More »
Commentary: Lawmakers should pass criminal code revision
The criminal code revision currently being debated in the General Assembly modernizes antiquated statutes, harmonizes numerous duplicate provisions and gives us an important new tool in the form of a fifth felony class.
Tagged with: criminal code Missouri Association of Prosecuting AttorneysRead More »