Content Posted in 2023
Achieving the Achievable: Realistic Labor Law Reform, Leonard Bierman, Rafael Gely, and William B. Gould IV
A Confusing Clarification: How the Bad-Faith Exception in 28 U.S.C. § 1446(c) Costs More Than It Is Worth, Tate Cooper
A Duty to Impeach: Libel and Modern Liberalism after Dobbs, Matthew L. Schafer
All Aboard? Missouri Statute Risks Failing to Protect Consumers from Hidden Fees and Deceptive Practices of Prominent Companies, Ethan E. Schroeder
All the Rumors are True: Verification, Actual Malice, and Celebrity Gossip, Jasmine E. McNealy
Analyzing the Anatomy of Innovative Investment Treaty Drafting: The Quest to Safeguard the Right to Regulate, Naimeh Masumy and Carrie Shu Shang
Arbitrator Bias: Why We Should Adopt the Ninth Circuit's Reasonable Impression Standard, Viridiana Marcial
ASEAN Dispute Settlement and the Temple of Preah Vihear, David Y.K. Kwok
Book Review: Human Smuggling and Border Crossings, Rachel J. Wechsler
Burning Questions: Changing Legal Narratives on Cannabis in Indian Country, Robin M. Rotman and Sam J. Carter
Chapter 11 Bankruptcy & Corporate Accountability: How Large Economic Players Use Reorganization as a Liability Shield, Luke J. Doherty
Competing for the Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius
Conservation Easements: A Tool For Preserving Wildlife Habitat on Private Lands, Robin M. Rotman, Sarah A. Brown, Michael A. Powell, and Sonja A. Wilhelm Stanis
COVID-19 and Its Impact on America's Retirement System, David M. English
Cross-Border Data Transfers: A Balancing Act through Federal Law, Joshua M. Wilson
Dark Clouds Looming: The Uncertain Safety of Welfare Benefits for Probationers and Parolees, Anthony M. Whalen
Does the Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study of Municipalities in California, Robin M. Rotman and Jun Deng
Eight Strategies That Enhance Legal Writing, Douglas E. Abrams
Fault Lines & Fractured Foundations: A Paradigm Shift for Equal Pay for Professional Women Athletes, Emily Tompkins
Federal Common Law’s Long Shadow: Shedding Light on State Law Rights to Postpetition Default Interest, Evan Miller
Fishy Class Certification: A Packaged Tuna Antitrust Case and a Shift in Class Certification Standards, Mac Newton
Food, Freedom, Fairness, and the Family Farm, Robin M. Rotman and Sophie Mendelson
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection, Kate Frerking
Fraudulent Fiancée: Protecting Healthcare Distributors Under a Stricter Causal Standard for Anti-Kickback Violations, Fabian Reyher
From Sherman to Shut Down – Understanding Antitrust Legislation Targeting Big Tech, Dayna L. Linneman
Gubernatorial Influence in Merit-Based Judicial Selection: Kansas, Missouri, and Colorado, 2012–2021, Zachary Reger
Half Past Inexcusable: The Lanham Act Needs to Disassociate with the Doctrine of Laches, Jared Gillen
Have Your Cake and Eat It Too (Unless You Are Danny Brock): The Irony of Missouri’s Co-Employee Liability Statute, Taylor M. Harrington
“Heads I win, tails you lose”: The End of Employers’ Exploitation of the Federal Arbitration Waiver Prejudice Requirement, Peyton E. Rosencrants
How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes?, Shahar Avraham-Giller and Rabeea Assy
How Law Students' Part-Time Legal Employment Can Help Employers Improve Their Own Writing Skills, Douglas E. Abrams
In Praise of Reconciliation: the In-Court Settlement as a Global Outreach for Appropriate Dispute Resolution, Cesare Cavallini and Stefania Cirillo
Internet Famous: Are Online Influencers and Micro-Celebrities Public Figures Under Defamation Law?, Frank D. LoMonte and Stephanie J. Leibert
Intersectional Management: An Analysis of Cooperation and Competition on American Public Lands, Robin M. Rotman and Abigail M. Hunt
Legal Citations: A Foundation of Written Advocacy, Douglas E. Abrams
Legislative Update, Wensdai Brooks, Connor McAteer, Myca Sutton, Des'Aire Taylor, and Hannah Williams
Let’s Not Talk About It: How Courts Apply Constitutional Avoidance and Qualified Immunity as a Shield for Law Enforcement Officers, Hanna M. Metzler
New Update Available: How the DoorDash and TikTok Cases Will Change the Way Arbitration is Utilized in Class Actions, Allison Garrett
Not For Sale: Why Congress Should Act to Counter the Trend of Massive Corporate Acquisitions of Real Estate, Stephen George
Orienting Toward Party Choice: A Simple Self-Determination Tool for Mediators, Robert A. Baruch Bush and Dan Berstein
OSHA and Public Health in an Emergency and a Culture War, Richard R. Carlson
Pay-for-Play(ers): Missouri’s Recent NIL Amendment Is a Solid Blueprint for Federal NIL Regulation, Tyler Kraft
Player Discipline in the NFL: Arbitration or Arbitrary?, Adam Walker
Policy Comparison of Lead Hunting Ammunition Bans and Voluntary Nonlead Programs for California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, and Elisabeth B. Webb
Proposition 12 and a New Paradigm for Federal Law: Toward more humane and Ethical Farm Animal Practices in California and the U.S., Valerie J. Watnick
Purposivism for Me, Textualism for Thee: West Virginia v. Environmental Protection Agency, Doug Dolan
Real Mediation Systems to Help Parties and Mediators Achieve Their Goals, John M. Lande
References to Aesop's Fables in Judicial Opinions and Written Advocacy, Douglas E. Abrams
References to Beatles Songs in Advocacy and Judicial Opinions, Douglas E. Abrams
References to Classic American Novels in Advocacy and Judicial Opinions, Douglas E. Abrams
References to Robert Frost's Poetry in Advocacy and Judicial Opinions, Douglas E. Abrams
Reforming Qualified-Immunity Appeals, Bryan Lammon
Religious Organizations in Missouri Continue to Escape Liability in Negligence Actions Involving Abuse of Children Under the Guise of the First Amendment, Rachel M. Taylor
Review Essay: Charity for the Autonomous Self, Carl H. Esbeck
Revisiting Rosenbloom: Can A Return to the “Matter of Public Concern” Standard in Defamation Cases Quiet Sullivan’s Skeptics?, Amy Kristin Sanders
Revisiting the Original Congressional Debates About the Second Amendment, Dru Stevenson
Risky Routes: Modified Personal Vehicles, Public Safety, and Postal Services Under the Federal Tort Claims Act, Mary J. Smith
Section 230 of the Communications Decency Act of 1996: The Antiquated Law in Need of Reform, Katherine Mediavilla
Selections from The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition), Royce de R. Barondes
Should the Federal Circuit Stand Down on Standing?, Avery J. Welker
Show-Me the Money: Outdated Solicitation Laws Expose Municipalities to Liability, Jessica Davis
So Many Have Died: COVID-19 in America's Nursing Homes, David M. English
Sunnier Days Ahead? Missouri’s Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Temporary Access and Permanent Consequences: The Misapplication of Takings Jurisprudence to State Regulations That Benefit the Public Welfare, Maria Ceriotti
The Applicability of Intergovernmental Immunity Doctrine to Second Amendment Sanctuary Laws, Dominic Biffignani
The Case of the Missing Device Patents, or: Why Device Patents Matter, Erika Lietzan, Kristina M. L. Acri, and Evan Weidner
The Causation Canon, Sandra F. Sperino
The Curious Case of Tort Liability for a Defective Product That the Defendant Did Not Make, Sell, or Distribute, Marin Roger Scordato
The Duality of Variance Among ESG Assessments, Sung Eun (Summer) Kim
The Exclusionary Rule and Judicial Integrity: An Empirical Study of Public Perceptions of the Exclusionary Rule, Matthew D. Kim
The Filming Dilemma: The Potential Speech Cost Presented by Camera Coverage of Defamation Cases, Alexandra M. Gutierrez
The NCAA's Punts on Transgender Student-Athlete Participation, Josh Lens
The Race to Ban Race: Legal and Critical Arguments Against State Legislation to Ban Critical Race Theory in Higher Education, Vanessa Miller, Frank Fernandez, and Neal H. Hutchens
There is No Such Thing as Circuit Law, Thomas B. Bennett
The Respect for Marriage Act: Living Together Despite Our Deepest Differences, Douglas Laycock, Thomas C. Berg, Carl H. Esbeck, and Robin Fretwell Wilson
“The sword has not yet fallen”: Is Administrative Guidance Jeopardizing Constitutional Rights?, C. Claire Hausman
Transferring Nonnegotiable Mortgage Notes, Dale A. Whitman
“Troll! Troll in the Living Room! Thought You Ought To Know.”: Opening the Door for Extensive Copyright Litigation Under 17 U.S.C. § 120, Savanah R. Seyer
Trouble in Paradise: Puerto Rico's Routine Exclusion from Federal Benefit Programs as a Result of the Alien-Citizen Paradox, Katerina Martínez Vélez
Untangling Defamation Law: Guideposts for Reform, Lyrissa Lidsky
Using International Human Rights Law to Address Hunger in the U.S., R. Denisse Córdova Montes
What Lawyers can Teach Their Employed Law Students about 'Impactful Legal Writing', Douglas E. Abrams
Where’s the First Tee and What’s the Course Record?: The Pros and Cons of Using ADR in the PGA TOUR-LIV Golf Antitrust Suit, Sean McDowell
Why Missouri State Courts Should Implement an Online Dispute Resolution Platform to Resolve Traffic Tickets, Warrants and Please, and Misdemeanors, Emma Wormington
Writing by Presidential Example: The First Inaugural Addresses of Reagan and Obama, Douglas E. Abrams