Content Posted in 2021 | University of Missouri School of Law

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Content Posted in 2021

A “20/20” Vision: Supreme Court of Missouri Revisits Admissibility of Eyewitness Expert Testimony After More Than 30 Years, Emily Miller

Acceptable Lies in Contract Negotiations, Stefanie Jung

A Common-Law Remedy for the Eviction Epidemic, Brian M. Miller

A Comprehensive Consideration of the Structural-Error Doctrine, Zachary L. Henderson

A Contractual Dilemma: Where Arbitration Agreements and Delegation Provisions Collide, Trent H. Hamoud

A Delicate Balance: Limiting Consolidation in Agricultural Seed Markets Without Stifling Innovation, Justin Brickey

After Espinoza: What's Left of the Establishment Clause?, Carl H. Esbeck

AI in International Arbitration: Need for the Human Touch, Derick H. Lindquist and Ylli Dauta

A Judicial Balancing Act: Evaluating the First Amendment Claims of Sitting Judges, Zeb J. Charlton

“Alternative Method Required” and the Injection of Imaginary Language into the Missouri Constitution, Calla M. Mears

Amending the Uniform Guardianship and Protective Proceedings Act to Implement the Standards and Recommendations of the Third National Guardianship Summit, David M. English

Amicus Curiae Briefs: A Message from the 7th Circuit, Douglas E. Abrams

An Extended Essay on Church Autonomy, Carl H. Esbeck

Another One Bites the Dust: How Jevic Curtailed Creditor Rights to Negotiate in and out of Bankruptcy, Jaden Banks

Arbitration in the Age of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Arbitration in the Age of COVID: Examining Arbitration's Move Online, Amy J. Schmitz

At the Edge of Objectivity: The Missouri Court of Appeals’ Deference to a Seemingly Subjective Assessment of Prejudice Under Strickland, Bradley J. Isbell

Balancing Purpose, Power, and Discretion Between Article III Courts and the Patent Office, Emily N. Weber

Beyond Stress Reduction: Mindfulness as a Skill for Developing Authentic Professional Identity, Richard C. Reuben

Black Lawyers of Missouri: 150 Years of Progress and Promise, Willie J. Epps Jr.

Book Review: Social Media and Democracy: The State of the Field and Prospects for Reform, Cynthia W. Bassett

Can Artificial Intelligence (“AI”) Replace Human Arbitrators? Technological Concerns and Legal Implications, Gizem Halis Kasap

Chemtrails and Solar Geoengineers: Governing Online Conspiracy Theory Misinformation, Charles R. Corbett

Citizen Activist or Professional Lobbyist? Eighth Circuit Decides That Political Activity is “Lobbying” Only When Money is Involved, Maddie McMillian Green

Clandestine Awards, Information Asymmetries, and Equality of Arms in Investment Arbitration, Fernando Dias Simões

Cock-eyed Optimist Meets Chicken Little: Jack Balkin on the American Future, Sanford Levinson

Compromising Trust, Lynn Mie Itagaki

Confusion in the Time of COVID: The Supreme Court’s Lack of Clarification in Balancing a Public Health Emergency and the Constitutional Right to Free Exercise, Lauren M. Marsh

Consent Decrees as Emergent Environmental Law, Tracy Hester

Democratic Culture and Democratic Shocks: The Limits of Constitutional Cycles, Jonathan Gienapp

Digital Assets & License Protections in an Age that Denies Class Actions and Mandates Arbitration, Kevin Carr

Disentangling Conflicts Of Laws In EU And Member States’ Investment Agreements, Ottavio Quirico

Domestic Courts' Impact on Arbitral Awards: Pragmatic Reflections on the New York Convention, Mohamed Sweify

Don’t Break the Internet: § 230 and Its Role Within Today’s Modern Internet Era, Lauren Rundall

"Do You Have Any Books On..." An Examination of Public Library Holdings, Cynthia Bassett and John M. Budd

Early Access to Unapproved Medicines in the United States and France, Erika Lietzan

“Equal Outcomes”: A Constitutional Comparison of Gender Equality Guarantees in the United States and South Africa, Melanie McMullen

Exhuming Brutus: Constitutional Rot and Cyclical Calls for Court Reform, Amanda Hollis-Brusky

Forgotten Heroes: The Unacceptable Results of Military Administrative Separations, Bryan Oliver

Form Over Function: The Case for Employing the Arbitrary and Capricious Standard in Reviewing Top-Hat Plan Denials of Benefits, Sam Taddeo

Foundational and Contemporary Court Confidentiality, Dustin B. Benham

Governing by Executive Order During the Covid-19 Pandemic: Preliminary Observations Concerning the Proper Balance Between Executive Orders and More Formal Rule Making, Kelly J. Deere

Gutting Bivens: How the Supreme Court Shielded Federal Officials from Constitutional Litigation, Alexander J. Lindvall

Hiring and Training Competent Title IX Hearing Officers, Ben Trachtenberg

How Stricter E-Cigarette Regulations Will Keep The Traditional Cigarette in Power, Tyler Manuel

Indirect Initiative and Unpopular Referendum in Missouri, Gunnar Johanson

Indoctrination and Social Influence as a Defense to Crime: Are We Responsible for Who We Are?, Paul H. Robinson and Lindsay Holcomb

Insert Another Coin to Continue: How In-Game Benefits in Video Games Should be Addressed By the IRS, Clay Alexander

Insider Trading Under Sarbanes-Oxley: Bypassing the Personal Benefit Test, Andrew J. Meyer

Keeping the Elderly Quiet: The Trump Administration and the Reincarnation of Mandatory Arbitration in Nursing Home Contracts, Katey Peters

Meaningful Access: True Equality or Frightening Reality?, Mackenzie L. Stout

Mere Common Ownership and the Antitrust Laws, Thomas A. Lambert

Missouri Workers’ Compensation Enhanced Benefits for Mesothelioma Victims: Too Crispy or Too Chewy?, Grace Hambuchen

Muddied Waters: A Review of Joint Venture Jurisprudence in Missouri, Colin W. Byrd

No Holds Barred: The Use of Restrictive Behavioral Intervention in Missouri Public Schools, Claire Hawley

No Pay No Play: Not Okay? Analyzing the Constitutionality of Missouri’s No Pay No Play Statute following Jiles v. Schuster Co., Jorell Kuttenkuler

Note From Editor

One Tire, One Time: The Supreme Court of Missouri’s Expansion of Reasonable Suspicion, Luke A. Hawley

On the Cusp of the Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.

Out for Blood: The Expansion of Exigent Circumstances and Erosion of the Fourth Amendment, Tyler M. Ludwig

Out of ‘Site: Can Government Officials Block Their Constituents on Social Media?, Lindsey Wilkerson

Policing the Police Power: Analyzing Safety-Minded Restrictions on Drink Specials as Valid Exercise of Municipal Authority, Raymond Rhatican

Pomegranates and Railroads: Why POM Wonderful Suggests that the Federal Railroad Safety Act Should Never Preclude Federal Employers Liability Act Claims, Dominic G. Biffignani

Qualified Immunity Creates Nearly Insurmountable Protection for Defendants Against First Amendment Retaliatory Claim, Abigail Greene

Race and the Cycles of Constitutional Time, Jack M. Balkin

Realigning the Clean Water Act: Comprehensive Treatment of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, and Kathleen M. Trauth

Redefining “Amend”: For the “Better” of Whom?, Clayton A. Voss

References to Children's Stories and Fairy Tales in Judicial Opinions and Written Advocacy, Douglas E. Abrams

Reflections on COVID-19, Insurance, Business Interruption, Systemic Risk, and the Future, Robert H. Jerry II

Regulations in Alcohol Advertising: Scrutiny Applied to Commercial Speech, John M. Middleton

Setting the Table for Mediation Success: Supporting Disputants to Arrive Prepared, Timothy Hedeen, Vittorio Indovina, JoAnne Donner, and Claudia Stura

Shakespeare in the Courts, Douglas E. Abrams

Show Me Your ID: Missouri Voter Identification Laws and the Right to Vote, Tyler M. Ludwig

Some Linear Thoughts on a Cyclical Vision, Frank O. Bowman III

STATE LEGISLATIVE UPDATE, Eli Dodge, Kevin Johnston, and Seth Christensen

Still Waters Run Deep(fakes): The Rising Concerns of “Deepfake” Technology and Its Influence on Democracy and the First Amendment, Lindsey Wilkerson

Supplemental Environmental Projects: DOJs March 2020 Policy showed the Downfalls of a Ban, Madeline McKernan

Supplemental Environmental Projects’ Wild Ride is a Call for Legislative Action to Protect a Valuable Negotiation Tool, Joel Smith

Symposium: A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin’s “The Cycles of Constitutional Time”, Paul Litton

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Terminating the Parental Rights of Mothers with Disabilities: An Empirical Legal Analysis, Robyn M. Powell, Susan L. Parish, Monika Mitra, Michael Waterstone, and Stephen Fournier

The Diminishing Dominion of Expert Opinion: Missouri’s Imposition of the Ultimate Issue Rule, Michael S. Figenshau

The Establishment Clause: Its Original Public Meaning and What We Can Learn From the Plain Text, Carl H. Esbeck

The "Evergreening" Metaphor in Intellectual Property Scholarship, Erika Lietzan

The Federal Sentencing Guidelines: Some Valedictory Reflections Twenty Years after Apprendi, Frank O. Bowman III

The Grass is Always Greener: Applying ADR to Marijuana Disputes, Garrison Harms

The Law of Patient Innovation, Sam F. Halabi and Tim Richard

The Myth of Eternal Return and the Politics of Judicial Review, Samuel Moyn

The Negative Consumer Effects of Corporate Mergers on Life-Saving Drug Availability, John Marshall

The New MMPA Standard: One Step Forward or Two Steps Back?, Jacob Adamson

The Public Policy Argument Against Trademark Licensee Estoppel and Naked Licensing, James B. Astrachan

The Right of Reattribution, Brian L. Frye

The Risks of Relying on Direct-to-Consumer Genetic Testing Service Agreements to Protect Genetic Information, Brennan Canuteson

The Smokescreen Problem in Abortion Jurisprudence: How the Undue Burden Standard and Long-Term Legislative Tactics Allow Courts to Turn a Blind Eye to True Legislative Intent, Lucy Downing

The Unappealing Nature of Guilty Plea Agreements: Johnson’s Restrictions on Appeals of Intellectual Disabilities, Alexander M. Brown

The U.S. Nuclear Waste Impasse: Transportation Implications, Robin M. Rotman and Michael F. McBride

The Walking Dead: How the Criminal Regulation of Sodomy Survived Lawrence v. Texas, Jordan Carr Peterson

Tough Conversations about Race: Let the Book Start the Discussion, Cynthia W. Bassett and Kara Phillips

Twenty-Nine Photographs and the Deterioration of the Missouri Relevance Rule, Luke A. Hawley

Two Steps Forward, One Step…Back? Missouri Legislature Targets Rise in Violent Crime, Sarah Walters

Use of Multiple Stream Temperature Logger Models Can Alter Conclusions, Robin M. Rotman, Joanna B. Whittier, Jacob T. Westhoff, and Craig P. Paukert

Vaccine Hesitancy: Experimentalism as Regulatory Opportunity, Ana Santos Rutschman and Timothy L. Wiemken