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University of Missouri School of Law Scholarship Repository
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  • A Service of the Law Library

    Content Posted in 2024

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    A Better Way Forward for State Taxation of E-Commerce, David Gamage and Devin J. Heckman

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    Achieving the Achievable: Realistic Labor Law Reform, Rafael Gely

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    Adopting Tax Credits: The Federal Government’s Special Need to Adopt Missouri’s Adoption Tax Credit, Joseph Link

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    Advice about Written Advocacy from the Washington Court of Appeals, Douglas E. Abrams

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    A Final Shot at Federal Felon Dispossession: Bruen, Heller’s Haven, and Non-Violent Felons, Keaton Campbell

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    AI, ADR, AND ANXIETY, John Lande

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    AI AND EMPATHY, John Lande

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    Alternative Dispute Resolution in Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, and Judith Starr

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    A MEDIATOR AND A BOT WALK INTO A BAR …, John Lande

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    A MESSAGE FOR LAW STUDENTS TO PREPARE THEMSELVES FOR LEGAL PRACTICE, John Lande

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    A New Theory of Equitable Apportionment, David Gamage and Darien Shanske

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    ANNA HOWARD’S NEW BOOK EXAMINES WHY BUSINESSES DON’T USE MEDIATION – AND OTHER ISSUES, John Lande

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    An Undeserved Bad Rap? Finding the Fairness in Mandatory Employment Arbitration, John G. Browning and Janey Whitney

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    A Potential Game Changer in E-Commerce Taxation, David Gamage, Andrew J. Haile, and Darien Shanske

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    A PROPOSAL FOR THE JOINT DEVELOPMENT OF GENERATIVE AI FOR THE DISPUTE RESOLUTION PROFESSION, John Lande

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    Arbitration and the Mandatory Law Problem: A Mixed Mode ADR Approach, Hossein Fazilatfar

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    Artificial Intelligence and Antibody Genus Claims, Thomas R. Langdon

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    A “RULE MAKING” CLASS: THE FEDERAL TRADE COMMISSION’S EXPANSIVE PER SE BAN ON NONCOMPETE CLAUSES: AUTHORITY, ENFORCEABILITY, AND THE NEED FOR CONGRESSIONAL ACTION, Nolan Johnson

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    A State-Level Carbon Tax with Border Adjustments, David Gamage and Darien Shanske

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    A Tragedy in Three Acts: Discrimination, Retaliation, and FERPA, Jackson L. Ferguson

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    AVATAR MEDIATION, John Lande

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    A Way Forward for Tax Law and Economics? A Response to Osofsky's "Frictions, Screening, and Tax Law Design", David Gamage

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    BAD DECISIONS TO GO TO TRIAL, John Lande

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    Balancing Discretion and Fairness: The Potential Pitfalls of Allowing Judges Too Much Discretion in Sentencing, Kelly A. McLaughlin

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    BATNAs and the Emotional Pains from “Positional Negotiation", John M. Lande

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    BIG NEW STUDY ON NECESSARY LAWYERING SKILLS, John Lande

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    Biotech Patent Eligibility: Why we Care about Conventionality, Michael J. Moedritzer

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    Bridging the Divide: Does the EU's AI Act Offer Code for Regulating Emergent Technologies in America?, Renee Henson

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    Buried Hope: Assessing The Future Of Carbon Sequestration In the U.S. Under The Updated 45Q Tax Credit, Alden Smith

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    Calvinball in Cole County:State ex rel. Fitz-James v. Bailey, Eric Humphrey

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    Can a Homeowner Benefit Agreement Run with the Land to Bind Successors?, Maxwell Rubin

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    Cancel Carte Blanche for the Information Industries: Federalizing U.C.C. Article 2., Michael L. Rustad

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    Caveat IRS: Problems with Abandoning the Full Deduction Rule, David Gamage, Darien Shanske, Joseph Bankman, Jacob Goldin, Daniel J. Hemel, Kirk J. Stark, Dennis J. Ventry Jr., and Manoj Viswanathan

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    Charitable Contributions in Lieu of SALT Deductions, David Gamage

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    CLIMATE DIPLOMACY: CAN MEDIATING CLIMATE CONSIDERATIONS INTO PEACE AGREEMENTS CREATE A SUSTAINABLE FUTURE?, Kayla Fowler

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    Comments on Daniel Shaviro's Tax Reform Implications of the Risk of a U.S. Budget Catastrophe, David Gamage

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    Commodification and Contract Formation: Placing the Consideration Doctrine on Stronger Foundations, David Gamage

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    Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes, John Lande

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    Conformity and State Income Taxes: Suggestions for the Crisis, David Gamage and Michael A. Livingston

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    CONSTRUCTING GOOD ODR SYSTEMS, John Lande

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    Consumer-Based Use Tax Enforcement and Taxpayer Compliance, David Gamage, Adam Thimmesch, and Darien Shanske

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    Copycat Fashion: How Fast Fashion Giant, Shein, Continues to Steal Independent Designers’ Work, Rachel L. Gardner

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    Copyright

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    Copyright

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    Copyright

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    Copyright

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    Crypto in Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, and Andrea Tosato

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    DEALING WITH CAUSES AS WELL AS SYMPTOMS OF LAW STUDENTS’ AND LAWYERS’ LACK OF WELL-BEING, John Lande

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    Decision-Making as an Essential Element of Our Field, John M. Lande

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    Deconstructing Business Law Center Design, Mission, and Innovation, Patricia Hureston Lee

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    Defining Fair Use in the Digital Era: A Tentative Appraisal of Google LLC v. Oracle America, Inc., Dale P. Olson

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    Description

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    Description

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    DILYARA NIGMATULLINA’S NEW ARTICLE ON PLANNED EARLY DISPUTE RESOLUTION AND TECHNOLOGY, John Lande

     

    DISPUTE PREVENTION AND EARLY DISPUTE RESOLUTION FRAMEWORK, John Lande

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    Diversity On Trial: Navigating Employer Diversity Programs Amidst Shifting Legal Landscapes, Mariana Larson

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    Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options, John M. Lande

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    DROP EVERYTHING AND READ NOAM’S MASTERPIECE RIGHT NOW, John Lande

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    DWIGHT GOLANN ON A YEAR OF ZOOM MEDIATIONS, John Lande

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    EARLY DISPUTE RESOLUTION PROCESSES, John Lande

     

    EASY AS PI, John Lande

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    EASY ASSIGNMENT TO PROMOTE LAW STUDENTS’ APPRENTICESHIP OF IDENTITY, John Lande

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    ENDING THE EPIDEMIC OF ACCIDENTAL PERSONALITY DISORDER DISCRIMINATION BY WELL-MEANING MEDIATORS, Dan Berstein, Hannah Diamond, and Philip T. Yanos

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    EVERYTHING I KNOW ABOUT DISPUTE RESOLUTION IS WRONG – ESPECIALLY WHAT YOU SAY ABOUT IT, John Lande

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    Exempting the FMLA from Forced Arbitration: The Need for Special Consideration of Pregnant and Working Mothers to Achieve Gender Equality in the Workplace, Taylor Trefger

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    Exploring Key Antitrust Implications of Conference Consolidation in College Football, Kamron Cox

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    Faculty List

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    Faculty List

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    Faculty List

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    Filling the Enforcement Gap: Alternative Dispute Resolution as an Approach to Solving "Copyright" Disputes for AI-Generated Content, Aly Rezek

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    Finding the Goldilocks of Employment Discrimination: The Confusing Approaches to Temporal Proximity., Jordan Roling

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    Flying Too Far Afield: Reigning in Airline Companies’ Abuses through Strengthened Regulation, Clayton Watts

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    Focus on Party Decision-Making, John M. Lande

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    Foreword--King v. Burwell Symposium: Comments on the Commentaries (and on Some Elephants in the Room), David Gamage

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    Getting Serious About Stakeholders, William O. Fisher

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    GREAT VALUE OF STUDENTS PLAYING CLIENTS IN MULTI-STAGE SIMULATIONS, John Lande

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    Guns, Vices and Freedom, Oh My: A Preliminary Empirical Investigation, Royce de R. Barondes

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    Guns, Vices and Freedom, Oh My: A Preliminary Empirical Investigation, Royce de R. Barondes

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    Heller, McDonald, Bruen, and the Unconstitutional Tax Burden of the NFA, Robert T. Lass

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    HELPING LAW STUDENTS DEFINE AND PURSUE SUCCESS, John Lande

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    Helping People Make Hard Decisions – And Making Them Ourselves, John Lande

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    Highspeed Pursuit of a Claim for Negligence: Analyzing Police Liability in a Vehicular Accident Involving Bystanders, Harry Bell III

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    How Can Courts–Practically for Free–Help Parties Prepare for Mediation Sessions?, John Lande

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    HOW CAN PRACTITIONERS HELP CLIENTS ASSESS THEIR INTERESTS AND RISKS IN LITIGATION?, John Lande

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    How Economic Barriers Can Help Solve the USPTO’s Impending AI Patent Issues, Jeffrey Giesmann

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    How Should Governments Promote Distributive Justice?: A Framework for Analyzing the Optimal Choice of Tax Instruments, David Gamage

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    How States Can Respond to the AHCA: Using the McCarran-Ferguson Act, David Gamage and Darien Shanske

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    How States Should Now Consider Expanding Sales Taxes to Services, Part 2, David Gamage, Darien Shanske, Gladriel Shobe, and Grace Stephenson Nielsen

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    How the Federal Reserve Should Help States and Localities Right Now, David Gamage and Darien Shanske

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    HOW TO CALCULATE AND USE BATNAS AND BOTTOM LINES WITH LIRA, John Lande

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    "I Am Become Death, the Destroyer of Worlds": Applying Strict Liability to Artificial Intelligence as an Abnormally Dangerous Activity, Renee Henson

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    ILLUSIONS OF COMPETENCE, John Lande

     

    IMPRESSIVE REPORT ON WORLDWIDE DISPUTE SYSTEM NEEDS AND DESIGN, John Lande

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    Integrative Highway Rights-of-Way Management to Reduce Stormwater Run-Off and Enhance Habitat, Madeline M. Showers and Robin M. Rotman

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    Intimate Partner Violence: Access to Protection Beyond the Pandemic, Rachel J. Wechsler

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    Investigating “Good Moral Character” for Liquor License Applications, Benjamin J. Kweskin

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    Is New York’s Mark-to-Market Act Unconstitutionally Retroactive?, David Gamage, Darien Shanske, Reuven S. Avi-Yonah, and Kirk J. Stark

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    It’s Hard to Hit a Target that Doesn’t Exist: A Novel Conceptual Framework for ESG Ratings, Jorge Cruz-Lopez, Jordan B. Neyland, and Dasha Smirnow

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    It Wasn’t Me: How the Doctrines of Sovereign Immunity and Misnomer Frustrate Missouri’s Petroleum Cleanup Efforts, Lauren Elizabeth Fleming

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    Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation, John M. Lande

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    KEET AND HEAVIN ON WHY LITIGATION INTEREST AND RISK ASSESSMENT IS SO DARN IMPORTANT FOR LAWYERS AND MEDIATORS – AND HOW YOU CAN MAKE STONE SOUP WITH IT, John Lande

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    KISER’S SOFT SKILLS FOR THE EFFECTIVE LAWYER, John Lande

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    “LABELS SUCK”, John Lande

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    LAINEY FEINGOLD’S BOOK ON STRUCTURED NEGOTIATION, John Lande

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    LAW STUDENTS CAN USE PORTFOLIOS TO PLAN THEIR PRACTICE SYSTEMS, John Lande

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    Lawyers, Gambling, and Trust Accounts: Why the Expansion of an Old Vice Requires a New Approach to Protecting Client Funds, Robert M. Jarvis

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    Legal Issues in Reconciling Data Protection, AI, and Cybersecurity under EU Law, Iain Nash, DeBrae Kennedy-Mayo, Peter Swire, and Annie Antón

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    LEGISLATIVE UPDATE, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, and Victoria Mantel

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    LEN RISKIN PULLS IT ALL TOGETHER IN MANAGING CONFLICT MINDFULLY, John Lande

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    Lessons From the ABA’s Excellent Report on Mediator Techniques, John M. Lande

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    LETTER TO KELLY, John Lande

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    Liking, Linking, and Tweeting: Mental Health, Mentoring, and Professional Responsibility in the Age of Social Media, B. Summer Chandler

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    LIRA @ CPR, John Lande

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    LIRA IN CRIMINAL CASES, John Lande

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    LIRA VIDEOS, John Lande

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    LITIGATION AS VIOLENCE, John Lande

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    Long-Term Fixes for Short-Term Leases: The Unsettled World of Airbnb Regulation, Clayton Watts

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    Loose Canons: The Supreme Court's New Interpretive Methodology, Jacob Wood

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    Mallory v. Norfolk Southern Railway Co., Due Process and Strange Bedfellows, Michael Vitiello and Daniel Croxall

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    Managing California's Fiscal Roller Coaster, David Gamage

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    Managing Fiscal Volatility by Redefining "Tax Cuts" and "Tax Hikes", David Gamage and Jeremy Bearer-Friend

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    MANDATORY ARBITRATION AND LGBTQ+ HOSTILE WORKPLACE PROTECTIONS: A REVIEW OF THE ENDING FORCED ARBITRATION ACT, ITS IMPACT, AND IMPLICATIONS, Jared E. Munster

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    Mandatory Mediation in England and Wales: A Paradigm Shift in Dispute Resolution, McKayla Bogda

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    Maryland’s Digital Tax and the ITFA’s Catch-22, David Gamage, Darien Shanske, and Christopher Moran

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    Masthead

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    MEDIATE.COM PUBLISHES “SEVEN KEYS TO UNLOCK MEDIATION’S GOLDEN AGE”, John Lande

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    MERGING MEDIATION MODELS – AND OTHER LESSONS, John Lande

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    MESSAGE FOR STUDENTS INTERESTED IN ADR, John Lande

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    MICHAEL BUENGER’S GREAT KEYNOTE ADDRESS AT THE ABA COURT ADR CONFERENCE, John Lande

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    Minimizing the Harm of State Fiscal Volatility, David Gamage and Jeremy Bearer-Friend

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    MINIMIZING UNNECESSARY VIOLENCE IN LITIGATION AND OTHER DISPUTE RESOLUTION PROCESSES, John Lande

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    Mosten and Scully’s New Book on Unbundled Legal Services, John M. Lande

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    Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding Summary, John M. Lande

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    MOVING US COURTS ONLINE, John Lande

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    Negotiation Symposium Virtual Book Club, John M. Lande

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    NEW EDITION OF PSYCHOLOGY FOR LAWYERS, John Lande

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    Note from the Editor

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    ODD ONE OUT: INCONSISTENCY IN THE FEDERAL ARBITRATION ACT’S JURISDICTIONAL LANGUAGE, Joshua Long

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    Ombuds Programs: How Alternative Dispute Resolution Improves the Lives of Native Long-Term Care Residents, Brett Newberry

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    On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage and Darien Shanske

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    On Tax Increase Limitations: Part II -- Evasion and Transcendence, David Gamage and Darien Shanske

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    On the Future of Tax Salience Scholarship: Operative Mechanisms and Limiting Factors, David Gamage

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    On the Hook: Venue, Vicinage, and Double Jeopardy’s Relationship with Modern Data Crimes, Cody Deterding

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    On Yang's Proposed Federal Tax on Subnational Tax Incentives, David Gamage and Darien Shanske

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    Overcoming Barriers to Documenting Institutional Knowledge, Cynthia Bassett and Lauren Seney

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    PARTY SELF-EMPOWERMENT FROM PREPARATION FOR MEDIATION SESSIONS, John Lande

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    Pay to Play or Get Rich Quick: A Look at Litigation Finance in the United States., Austin Rucker

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    PEDR IS IMPORTANT FOR CULTURE CHANGE IN COURTS, John Lande

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    Permitting the Highs Without Addressing the Lows: Options for Struggling State-Legal Marijuana Businesses Barred from Bankruptcy, Rachel Owings

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    Perverse Incentives Arising from the Tax Provisions of Healthcare Reform: Why Further Reforms Are Needed to Prevent Avoidable Costs to Low- and Moderate-Income Workers, David Gamage

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    Phased Mark-to-Market for Billionaire Income Tax Reforms, David Gamage and Darien Shanske

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    PLANNING FOR GOOD QUALITY DECISION-MAKING IN MEDIATION USING TWO-STAGE MEDIATION, John Lande

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    PLANNING IS CRITICALLY IMPORTANT FOR EARLY DISPUTE RESOLUTION, John Lande

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    Police Mistakes of Law, Heien v. North Carolina and Significant Fourth Amendment Interpretive Cases: An Empirical Examination of Officer Perception, Knowledge and Performance, Christopher D. Totten, Gang Lee, and Michael De Leo

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    Political Polarization in America: Its Impact on Industrial Democracy and Labor Law, Rafael Gely

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    Postconviction Remedies, Retroactivity, and Montgomery v. Louisiana’s Other New Rule, Taylor A.R. Meehan

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    Preventing Government Shutdowns: Designing Default Rules for Budgets, David Gamage and David Scott Louk

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    Preventing State Budget Crises: Managing the Fiscal Volatility Problem, David Gamage

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    Private Law as Morality: A Critique of Peter M. Gerhart’s Contract Law and Social Morality, P.T. Babie, Claire Williams, Jessica Viven-Wilksch, and James Gilchrist Stewart

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    PROBLEM-RESOLUTION LAWYERING ACROSS THE TWENTY-FIRST CENTURY LAW CURRICULUM, John Lande

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    PROBLEMS WITH TEACHING “INTEGRATIVE” NEGOTIATION, John Lande

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    Problems with the System of Negotiation Models, Part 2, John M. Lande

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    Prompt on the King v. Burwell Case, David Gamage

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    Published Versions of Tower of Babel Symposium Articles, John M. Lande

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    RANDY KISER’S NEW BOOK ON PROFESSIONAL JUDGMENT FOR LAWYERS, John Lande

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    READINGS AND RESOURCES FOR TEACHING, John Lande

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    Reading the Court’s Palm: The Unclear Present and Future for Cost-Shifting Under Rule 54(d)(1), Anthony M. Whalen

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    Reality Check: The Aim of Affirmative Action May Often Miss the Mark of Equal Protection, Kate Frerking

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    REALITY-TESTING QUESTIONS FOR REAL LIFE AND SIMULATIONS – AND IDEAS FOR STONE SOUP ASSIGNMENTS, John Lande

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    Real Lawyering Practice Systems, John Lande

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    Real Practice Systems Annotated Bibliography, John Lande

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    Reconceiving Corporate Rights and Regulation in the AI Era, Michael R. Siebecker

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    Recruiting the Right Candidate, Cynthia Bassett

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    Reforming State Corporate Income Taxes Can Yield Billions, David Gamage, Darien Shanske, and Reuven S. Avi-Yonah

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    Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold

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    Resolving the Incompatibility of Claim Accrual and Recovery in Copyright Law, Tim Knight

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    RESOURCES FOR TEACHING ABOUT BATNA, BOTTOM LINES, AND LIRA, John Lande

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    RESOURCES FOR USING REAL PRACTICE SYSTEMS MATERIALS IN TEACHING, John Lande

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    Rigor or Reach? Strictness or Scope?: The Continuing Battle Over the Parameters of The Supreme Court’s Daubert/Kumho Reliability/Validation Test for the Admissibility of Expert Testimony, Edward J. Imwinkelried

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    Rulemaking 3.0: Incorporating AI and ChatGPT Into Notice and Comment Rulemaking, Stephen M. Johnson

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    Sampled! Revisiting Fair Use and De Minimus Copying In Music Sampling, Connie Davis Nichols

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    Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options, John M. Lande and John Lande

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    SHIFTING THE CENTRAL PARADIGM TO DISPUTE SYSTEM DESIGN, John Lande

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    SHOULD WE GET RID OF THE BAR EXAM?, John Lande

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    SIMULATIONS BASED ON ACTUAL CASES – WHY REINVENT THE WHEEL?, John Lande

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    Solving the Valuation Challenge: The Ultra Method for Taxing Extreme Wealth, David Gamage, Brian Galle, and Darien Shanske

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    State Constitutional Limitations to Cities Taxing the Digital Economy, Lauren Shores Pelikan

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    State Responses to Federal Tax Reform: Charitable Tax Credits, David Gamage, Darien Shanske, Joseph Bankman, Jacob Goldin, Daniel Hemel, Kirk J. Stark, Dennis J. Ventry Jr., and Manoj Viswanathan

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    States Should Conform to GILTI, Part 3: Elevator Pitch and Q & A, David Gamage and Darien Shanske

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    States Should Consider Partial Wealth Tax Reforms, David Gamage and Darien Shanske

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    States Should Quickly Reform Unemployment Insurance, David Gamage, Darien Shanske, Brian Galle, and Erin Scharff

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    STONE SOUP: LEARNING HOW PEOPLE ACTUALLY PREPARE FOR NEGOTIATION AND MEDIATION, John Lande

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    Strategic Nonconformity to the TCJA, Part I: Personal Income Taxes, David Gamage, Adam Thimmesch, and Darien Shanske

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    STRATEGIES FOR SUCCESSFUL NEGOTIATION OF INTERNATIONAL DISPUTES: POSITIONAL BARGAINING VS. PRINCIPLED NEGOTIATION IN THE INDUS WATER TREATY NEGOTIATIONS, Sushant Mahajan

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    STUDENT PAPER TOPICS, John Lande

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    STUDY FINDS THAT LAW SCHOOLS FAIL TO PREPARE STUDENTS TO WORK WITH CLIENTS AND NEGOTIATE, John Lande

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    STUDY OF ODR IN FAMILY CASES WITH POSITIVE RESULTS, John Lande

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    SUNNY DAYS AHEAD: USING ADR TO FUEL THE FUTURE OF GREEN ENERGY, Matthew Graham

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    Symposium Special Note From The Editor, Jordan Duenckel

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    Synthetic Seduction: Navigating AI-Generated Content and the Complexities of Name, Image, and Likeness Law, Emma K. Chedwick

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    Tables Turning: How Companies Should Respond to the “Mass Arbitration” Phenomenon and Abernathy v. DoorDash, Inc., Isaac Keller

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    Taxation and the Constitution, Reconsidered, David Gamage and John R. Brooks

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    Tax Cannibalization and Fiscal Federalism in the United States, David Gamage and Darien Shanske

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    Tax Cannibalization and State Government Tax Incentive Programs, David Gamage and Darien Shanske

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    Tax Cannibalization by State Corporate Taxes: Policy Implications, David Gamage and Darien Shanske

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    Tax Cannibalization by State Corporate Taxes: Revised Estimates, David Gamage and Darien Shanske

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    Taxing E-Commerce in the Post-Wayfair World, David Gamage, Adam t, and Darien Shanske

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    Taxing Political Donations: The Case for Corrective Taxes in Campaign Finance, David Gamage

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    Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform, David Gamage and John R. Brooks

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    TEACHING STUDENTS TO FOCUS ON PARTY DECISION-MAKING, John Lande

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    TEACHING STUDENTS TO THINK LIKE PRACTITIONERS, John Lande

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    TECHNOLOGY IN REAL PRACTICE SYSTEMS, John Lande

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    Testing For Disguised Dividends In Compensation For Employee-Shareholder Of Closely Held Corporations: An Analysis Of Federal Court Testing Regimes and Their Impact On The Predictability of Outcomes, Matthew Edward Lewis

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    The American Health Care Act Would Toss the States a Hot Potato, David Gamage and Darien Shanske

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    The Back-and-Forth Battle of Defining Independent Contractors, Jessie O'Brien

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    The Case for Applying Comcast's Causal Canon to the Pregnant Workers Fairness Act, Taylor Todd

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    The Case for a State-Level Debt-Financing Authority, David Gamage and Darien Shanske

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    The Case for Consumer-Based Use Tax Enforcement, David Gamage, Adam Thimmesch, and Darien Shanske

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    The Case for State Borrowing as a Response to the Current Crisis, David Gamage and Darien Shanske

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    The Case for Taxing (All of) Labor Income, Consumption, Capital Income, and Wealth, David Gamage

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    The Copyright Infringement Threat to X: How X (formerly Twitter) Could Benefit From Licensing Agreements With Arbitration Clauses, Mary Claire Rose

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    THE CORONAVIRUS CRISIS PROVIDES AN OPPORTUNITY TO ADOPT BETTER SYSTEMS FOR LICENSING LAWYERS THAN THE BAR EXAM, John Lande

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    The End of An “Eras?” Antitrust Law and Policy Making a Drastic Change in Live Entertainment Ticketing?, Tyler J. Miller

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    The Federal Government's Power to Restrict State Taxation, David Gamage and Darien Shanske

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    The Future of SALT: A Broader Picture, David Gamage and Darien Shanske

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    The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the 2017 Tax Legislation, David Gamage and David Kamin

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    The House of Cards Topples: Examining Appellate Jurisdiction for Transfers of Venue in Federal Court, Mac Newton

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    The Implications of CSX and DMA, David Gamage and Darien Shanske

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    The Judge-Made Constitutional Penumbra: Why Anti-BDS Laws Unavoidably Implicate the First Amendment and How the Eighth Circuit Avoided Them, Tasneem Huq

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    THE LAW CAN BE DANGEROUS TO LAWYERS’ MENTAL HEALTH, John Lande

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    THE NEW HANDSHAKE: USING ODR TO CREATE VALUE FOR CONSUMERS AND BUSINESSES, John Lande

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    THE NEXT NEW NORMALS – IN GENERAL, John Lande

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    The Ordinary Diet of the Law: How to Interpret Public Law 86-272, David Gamage and Darien Shanske

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    The Original Meaning of the Sixteenth Amendment, David Gamage and John R. Brooks

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    The Policy and Politics of Alternative Minimum Taxes, David Gamage and Ari Glogower

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    The Rhetoric of Abortion in Amicus Briefs, Jamie R. Abrams and Amanda Potts

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    The Saga of State "Amazon" Laws: Reflections on the Colorado Decision, David Gamage and Darien Shanske

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    The Trouble with Tax Increase Limitations, David Gamage and Darien Shanske

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    The Wealth of Our Commonwealth: Money, Capital, and Finance in a Productive Commercial Republic, Robert Hockett

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    THEY SHOULD CALL IT NEGOTIATION SCHOOL, NOT LAW SCHOOL, John Lande

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    Think of the Children! Unmasking the Rhetoric Behind Internet Censorship in the Digital Age, Annaleigh Hobbs

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    Three Essays on Tax Salience: Market Salience and Political Salience, David Gamage and Darien Shanske

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    Time for an Audible: Possible Solutions for NIL Collectives Seeking Tax-Exempt Status Following IRS Memo, Austin Siener

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    Tips for Lawyers Who Want to Get Good Results for Clients and Make Money, John M. Lande

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    TRAINING YOUR MEDIATOR BOT, John Lande

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    TRANSACTIONAL INTEREST AND RISK ASSESSMENT, John Lande

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    Turning From a Hire Power: Employment Discrimination and Faulty Ninth Circuit Procedure, Matthew Swords

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    Undermining Confidence in The Judgment: The Supreme Court of Missouri’s Flawed Application of Missouri’s Wrongful Conviction Statute, Salvatore Paris

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    Unreasonable Royalty: Realigning Economic Incentives Involving Innovation in the Age of Patent Assertion Entities, Jordan Duenckel

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    “Uphill . . . Both Ways!” The Issues with Missouri’s Compulsory Attendance Legislation, Amaris Garber

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    Using Intellectual Property to Regulate Artificial Intelligence, Dennis Crouch

    Link

    Using Taxes to Improve Cap and Trade, Part I: Distribution, David Gamage and Darien Shanske

    Link

    Using Taxes to Improve Cap and Trade, Part II: Efficient Pricing, David Gamage and Darien Shanske

    Link

    Using Taxes to Support Multiple Health Insurance Risk Pools, David Gamage and Darien Shanske

    Link

    Vendor Compensation as an Approach for State "Amazon" Laws: Part 1, David Gamage and Devin J. Heckman

    Link

    Vendor Compensation as an Approach for State "Amazon" Laws: Part 2, David Gamage and Devin J. Heckman

    PDF

    Wage Enslavement: How the Tax System Holds Back Historically Disadvantaged Groups of Americans, David Gamage and Goldburn P. Maynard Jr.

    PDF

    Wanted!: Fourth Amendment Protection for St. Louis Residents from the Unconstitutional Wanteds System, Brooke Buerck

    Link

    Wayfair and the Retroactivity of Constitutional Holdings, David Gamage, Adam Thimmesch, and Darien Shanske

    Link

    Wayfair: Marketplaces and Foreign Vendors, David Gamage, Adam Thimmesch, and Darien Shanske

    Link

    Wayfair: Sales Tax Formalism and Income Tax Nexus, David Gamage, Adam Thimmesch, and Darien Shanske

    Link

    Wayfair: Substantial Nexus and Undue Burden, David Gamage, Darien Shanske, and adam Thimmesch

    Link

    Weathering State and Local Budget Storms: Fiscal Federalism with an Uncooperative Congress, David Gamage, Darien Shanske, adam Thimmesch, and Gladriel Shobe

    PDF

    We Need a Better Consensus about Negotiation Theory, John M. Lande

    PDF

    We’re Getting SUED??? *emotional* *with proof*: Using Alternative Dispute Resolution in Child Influencer Disputes, Werthen Gass

    PDF

    What Do Litigants Really Want?, John M. Lande

    PDF

    WHAT MAKES LAWYERS HAPPY? – AND HOW CAN YOU HELP?, John Lande

    PDF

    When Push Comes to Shove: How Qualified Immunity Shuts the Door to Constitutional Claims Against Law Enforcement, Scott J. Bower

    PDF

    WHERE THE “PUCK” IS GOING – AND WHAT FACULTY SHOULD DO TO HELP STUDENTS GET THERE, John Lande

    Link

    Why (and How) States Should Tax the Repatriation, David Gamage and Darien Shanske

    Link

    Why a State-Level Carbon Tax Can Include Border Adjustments, David Gamage and Darien Shanske

    PDF

    WHY REMOVING INSTITUTIONAL DISCRETION AND APPLYING RESTORATIVE JUSTICE TO MEDIATION COULD PROVE BENEFICIAL TO TITLE IX DISPUTE RESOLUTION, Clare Hensley

    Link

    Why States Can Tax the GILTI, David Gamage and Darien Shanske

    Link

    Why States Should Conform to the New Corporate AMT, David Gamage and Darien Shanske

    Link

    Why States Should Now Consider Expanding Sales Taxes to Services, Part 1, David Gamage, Darien Shanske, and Grace Stephenson Nielsen

    Link

    Why States Should Tax the GILTI, David Gamage and Darien Shanske

    Link

    Why the Affordable Care Act Authorizes Tax Credits on the Federal Exchanges, David Gamage and Darien Shanske

    Link

    Will States Step Up in 2020? We Hope So, David Gamage and Darien Shanske

    PDF

    YOU REALLY SHOULD KNOW ABOUT KRIS FRANKLIN, John Lande

    PDF

    ZF AUTOMOTIVE V. LUXSHARE: THE SUPREME COURT’S NEW GLOSS ON 28 U.S. CODE § 1782 AND WHAT IT MEANS FOR INTERNATIONAL COMMERCIAL ARBITRATION, Madina Lokova

 
 
 

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