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
American Dream in Flux: The Endangered Right to Lease a Home, Andrea Boyack
Analyzing the Anatomy of Innovative Investment Treaty Drafting: The Quest to Safeguard the Right to Regulate, Naimeh Masumy and Carrie Shu Shang
A New American Dream for Detroit, Andrea Boyack
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
Bankruptcy Weapons to Terminate a Zombie Mortgage, Andrea Boyack and Robert Berger
BATNA MAY BE LESS IMPORTANT THAN YOU THINK – AND TEACH, John M. Lande
BATNA’S GOT TO GO — AND HERE’S A BETTER IDEA, John M. Lande
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
Charlie Irvine's Challenge to Mediators to Describe Your Mediation System, John M. Lande
Clouded Precedent: Tandon v. Newsom and Its Implications for the Shadow Docket, Alexander Gouzoules
Common Interest Community Covenants and the Freedom of Contract Myth, Andrea Boyack
Community Collateral Damage: A Question of Priorities, Andrea Boyack
Competing for the Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius
CONFUSING DISPUTE RESOLUTION JARGON, John M. Lande
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
Dual Allegiance: Federal and State Treason Prosecutions, the Treason Clause, and the Fourteenth Amendment, Alexander Gouzoules
Eight Strategies That Enhance Legal Writing, Douglas E. Abrams
Equitably Housing (Almost) Half a Nation of Renters, Andrea Boyack
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
Going Concerns and Environmental Concerns: Mitigating Climate Change through Bankruptcy Reform, Alexander Gouzoules
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
Houston, We Have a Problem in the Dispute Resolution Field, John M. Lande
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
How the Real Practice Systems Project Can Help Improve Mediation Quality, John M. Lande
How You Can Build a Mediation Model to Optimize Your Own Cases, John M. Lande
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
Laudable Goals and Unintended Consequences: The Role and Control of Fannie Mae and Freddie Mac, Andrea Boyack
Legal Citations: A Foundation of Written Advocacy, Douglas E. Abrams
Legislative Update, Wensdai Brooks, Connor McAteer, Myca Sutton, Des'Aire Taylor, and Hannah Williams
Lessons in Price Stability from the U.S. Real Estate Market Collapse, Andrea Boyack
Let’s Not Talk About It: How Courts Apply Constitutional Avoidance and Qualified Immunity as a Shield for Law Enforcement Officers, Hanna M. Metzler
Limiting the Collective Right to Exclude, Andrea Boyack
More Talking, More Writing, Andrea Boyack
Muddying the Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority in Condominium Foreclosures, Andrea Boyack and William E. Foster
NEED FOR CLEAR LANGUAGE INITIATIVE TO UN-BABEL OUR MODELS, John M. Lande
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
PROBLEMS WITH THE SYSTEM OF NEGOTIATION MODELS, PART 1, John M. Lande
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
Responsible Devolution of Affordable Housing, Andrea Boyack
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
Side by Side: Revitalizing Urban Cores and Ensuring Residential Diversity, Andrea Boyack
Solutions Still Searching for a Problem: A Call for Relevant Data to Support "Evergreening" Allegations, Erika Lietzan and Kristina M. L. Acri
So Many Have Died: COVID-19 in America's Nursing Homes, David M. English
Sovereign Debt and the Three and a Half Minute Transaction: What Sticky Boilerplate Reveals about Contract Law and Practice, Andrea Boyack
Structural Precarity and Potential in Condominium Governance Design, Andrea Boyack
Sunnier Days Ahead? Missouri’s Outlook After Missouri Supreme Court Finds Solar Panel Property Tax Unconstitutional, Maura Corrigan
Sustainable Affordable Housing, Andrea Boyack
Takeaways From New Hampshire Mediation Training, John M. Lande
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 Diverging Right(s) to Bear Arms: Private Armament and the Second and Fourteenth Amendments in Historical Context, Alexander Gouzoules
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 Faithless Elector and 2016: Constitutional Uncertainty after the Election of Donald Trump, Alexander Gouzoules
The Filming Dilemma: The Potential Speech Cost Presented by Camera Coverage of Defamation Cases, Alexandra M. Gutierrez
THE LEGAL PROFESSION, JUDICIARY, AND DISPUTE RESOLUTION, John M. Lande
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
Trading Nonenforcement, Ryan Snyder
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
UNDERSTANDING ACTUAL DR PRACTICE AND COMMUNICATING CLEARLY ABOUT IT, John M. Lande
"Undue Hardship" and Uninsured Americans: How Access to Healthcare Should Impact Student-Loan Discharge in Bankruptcy, Alexander Gouzoules
Untangling Defamation Law: Guideposts for Reform, Lyrissa Lidsky
Using International Human Rights Law to Address Hunger in the U.S., R. Denisse Córdova Montes
Using Real Practice Systems Resources in Practice, John M. Lande
Volume 10, Issue 1 (Spring 1987)
Volume 11, Issue 1 (Spring 1988)
Volume 7, Issue 1 (Spring 1984)
What is (A)DR About?, John M. Lande
WHAT IS NEGOTIATION, ANYWAY?, John M. Lande
WHAT IS NEGOTIATION?, PART 1, John M. Lande
WHAT IS NEGOTIATION?, PART 2, John M. Lande
What Lawyers can Teach Their Employed Law Students about 'Impactful Legal Writing', Douglas E. Abrams
WHAT’S A BOTTOM LINE?, John M. Lande
WHAT THEORY DO PRACTITIONERS WANT?, John M. Lande
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