The faculty at the University of Missouri School of Law research, publish and teach in a wide variety of disciplines of the law. Where possible, the Law Library has provided open access to this body of work.
Submissions from 2024
Recruiting the Right Candidate, Cynthia Bassett
Real Practice Systems Annotated Bibliography, John Lande
State Constitutional Limitations to Cities Taxing the Digital Economy, Lauren Shores Pelikan
Intimate Partner Violence: Access to Protection Beyond the Pandemic, Rachel J. Wechsler
Submissions from 2023
Advice about Written Advocacy from the Washington Court of Appeals, Douglas E. Abrams
How Law Students' Part-Time Legal Employment Can Help Employers Improve Their Own Writing Skills, 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
What Lawyers can Teach Their Employed Law Students about 'Impactful Legal Writing', Douglas E. Abrams
Red-Flag Laws, Civilian Firearms Ownership and Measures of Freedom, Royce de R. Barondes
Selections from The Civil Right to Keep and Bear Arms: Federal and Missouri Perspectives (2023 Edition), Royce de R. Barondes
Overcoming Barriers to Documenting Institutional Knowledge, Cynthia Bassett and Lauren Seney
There is No Such Thing as Circuit Law, Thomas B. Bennett
Crypto in Real Estate Finance, R. Wilson Freyermuth, Christopher K. Odinet, and Andrea Tosato
Solving the Valuation Challenge: The Ultra Method for Taxing Extreme Wealth, David Gamage, Brian Galle, and Darien Shanske
Why States Should Conform to the New Corporate AMT, David Gamage and Darien Shanske
Achieving the Achievable: Realistic Labor Law Reform, Rafael Gely
Political Polarization in America: Its Impact on Industrial Democracy and Labor Law, Rafael Gely
Real Mediation Systems to Help Parties and Mediators Achieve Their Goals, John M. Lande
The Respect for Marriage Act: Living Together Despite Our Deepest Differences, Douglas Laycock, Thomas C. Berg, Carl H. Esbeck, and Robin Fretwell Wilson
Solutions Still Searching for a Problem: A Call for Relevant Data to Support "Evergreening" Allegations, Erika Lietzan and Kristina M. L. Acri
The Case of the Missing Device Patents, or: Why Device Patents Matter, Erika Lietzan, Kristina M. L. Acri, and Evan Weidner
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
Burning Questions: Changing Legal Narratives on Cannabis in Indian Country, Robin M. Rotman and Sam J. Carter
Does the Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study of Municipalities in California, Robin M. Rotman and Jun Deng
Intersectional Management: An Analysis of Cooperation and Competition on American Public Lands, Robin M. Rotman and Abigail M. Hunt
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
Trading Nonenforcement, Ryan Snyder
The Causation Canon, Sandra F. Sperino
Submissions from 2022
Charles Dickens' Novels in the Courts, Douglas E. Abrams
Improved Writing From Reading Other Writers, Douglas E. Abrams
Legal Citations: A Foundation of Written Advocacy, Douglas E. Abrams
References to Babe Ruth in Advocacy and Judicial Opinions, Douglas E. Abrams
References to Robert Frost's Poetry in Advocacy and Judicial Opinions, Douglas E. Abrams
Writing by Presidential Example: The First Inaugural Addresses of Reagan and Obama, Douglas E. Abrams
New York's Requirements for Contractual Definiteness with Application to the Formation of Investment Vehicles, Royce de R. Barondes
State Rejection of Federal Law, Thomas B. Bennett
Structural Precarity and Potential in Condominium Governance Design, Andrea Boyack
Resorbing Patent Law's Kessler Cat into the General Law of Preclusion, Dennis D. Crouch and Homayoon Rafatijo
Taxation and the Constitution, Reconsidered, David Gamage and John R. Brooks
Tax Now or Tax Never: Political Optionality and the Case for Current-Assessment Tax Reform, David Gamage and John R. Brooks
Phased Mark-to-Market for Billionaire Income Tax Reforms, David Gamage and Darien Shanske
Weathering State and Local Budget Storms: Fiscal Federalism with an Uncooperative Congress, David Gamage, Darien Shanske, adam Thimmesch, and Gladriel Shobe
Clouded Precedent: Tandon v. Newsom and Its Implications for the Shadow Docket, Alexander Gouzoules
Going Concerns and Environmental Concerns: Mitigating Climate Change through Bankruptcy Reform, Alexander Gouzoules
Addressing Big Tech's Market Power: A Comparative Institutional Analysis, Thomas A. Lambert
Muddy Waters: Fair Use Implications of Google v. Oracle America, Inc., Gary Myers
Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After McGirt?, Robin M. Rotman and Sam J. Carter
Food, Freedom, Fairness, and the Family Farm, Robin M. Rotman and Sophie Mendelson
Victims as Instruments, Rachel J. Wechsler
Public Schools to Public Services, Laura Wilcoxon
Submissions from 2021
Eight Strategies That Enhance Legal Writing, Douglas E. Abrams
Eleven Observations about Legal Writing, Douglas E. Abrams
References to Aesop's Fables in Judicial Opinions and Written Advocacy, Douglas E. Abrams
Shakespeare in the Courts, Douglas E. Abrams
"Yogi-isms" in the Courts, Douglas E. Abrams
The Odious Intellectual Company of Authority Restricting Second Amendment Rights to the “Virtuous”, Royce de R. Barondes
Book Review: Social Media and Democracy: The State of the Field and Prospects for Reform, Cynthia W. Bassett
Tough Conversations about Race: Let the Book Start the Discussion, Cynthia W. Bassett and Kara Phillips
The Paradox of Exclusive State-Court Jurisdiction over Federal Claims, Thomas B. Bennett
The Federal Sentencing Guidelines: Some Valedictory Reflections Twenty Years after Apprendi, Frank O. Bowman III
So Many Have Died: COVID-19 in America's Nursing Homes, David M. English
An Extended Essay on Church Autonomy, Carl H. Esbeck
The Establishment Clause: Its Original Public Meaning and What We Can Learn From the Plain Text, Carl H. Esbeck
The World War I Memorial Cross Case: U.S. Supreme Court Takes a New Approach with the Establishment Clause, Carl H. Esbeck
Wage Enslavement: How the Tax System Holds Back Historically Disadvantaged Groups of Americans, David Gamage and Goldburn P. Maynard Jr.
Is New York’s Mark-to-Market Act Unconstitutionally Retroactive?, David Gamage, Darien Shanske, Reuven S. Avi-Yonah, and Kirk J. Stark
Maryland’s Digital Tax and the ITFA’s Catch-22, David Gamage, Darien Shanske, and Christopher Moran
How States Should Now Consider Expanding Sales Taxes to Services, Part 2, David Gamage, Darien Shanske, Gladriel Shobe, and Grace Stephenson Nielsen
Ignoring Drug Trademarks, Erika Lietzan
On the Cusp of the Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.
Beyond Stress Reduction: Mindfulness as a Skill for Developing Authentic Professional Identity, Richard C. Reuben
It's None of Your Business: State Regulation of Tribal Business Undermines Sovereignty and Justice, Robin M. Rotman and Sam J. Carter
Realigning the Clean Water Act: Comprehensive Treatment of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, and Kathleen M. Trauth
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
Evidentiary Inequality, Sandra F. Sperino
Submissions from 2020
Amicus Curiae Briefs: A Message from the 7th Circuit, Douglas E. Abrams
Generalist Judges and Advocates' Jargon, Douglas E. Abrams
Mincing No Words: When the Court's Opinion Criticizes an Advocate's Writing, Douglas E. Abrams
References to Children's Stories and Fairy Tales in Judicial Opinions and Written Advocacy, Douglas E. Abrams
Missouri's Residency Restrictions for Medical Marijuana Use, Royce de R. Barondes
COVID-19 and Its Impact on America's Retirement System, David M. English
After Espinoza: What's Left of the Establishment Clause?, Carl H. Esbeck
Conformity and State Income Taxes: Suggestions for the Crisis, David Gamage and Michael A. Livingston
How the Federal Reserve Should Help States and Localities Right Now, David Gamage and Darien Shanske
States Should Consider Partial Wealth Tax Reforms, David Gamage and Darien Shanske
Tax Cannibalization by State Corporate Taxes: Policy Implications, David Gamage and Darien Shanske
Tax Cannibalization by State Corporate Taxes: Revised Estimates, David Gamage and Darien Shanske
The Case for State Borrowing as a Response to the Current Crisis, David Gamage and Darien Shanske
The Ordinary Diet of the Law: How to Interpret Public Law 86-272, David Gamage and Darien Shanske
Reforming State Corporate Income Taxes Can Yield Billions, David Gamage, Darien Shanske, and Reuven S. Avi-Yonah
States Should Quickly Reform Unemployment Insurance, David Gamage, Darien Shanske, Brian Galle, and Erin Scharff
Why States Should Now Consider Expanding Sales Taxes to Services, Part 1, David Gamage, Darien Shanske, and Grace Stephenson Nielsen
Strategic Nonconformity to the TCJA, Part I: Personal Income Taxes, David Gamage, Adam Thimmesch, and Darien Shanske
A No-Contest Discharge for Uncollectible Student Loans, Brook E. Gotberg, Matthew Bruckner, Dalie Jimenez, and Chrystin Ondersma
Dual Allegiance: Federal and State Treason Prosecutions, the Treason Clause, and the Fourteenth Amendment, Alexander Gouzoules
The Origins and Future of Global Health Law: Regulation, Security, and Pluralism, Sam F. Halabi
The Nagoya Protocol and the Legal Structure of Global Biogenomic Research, Sam F. Halabi, Michelle Rourke, Gian Luca Burci, and Rebecca Katz