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 2006
The 'Failure to Mitigate' Defense in Antitrust, Thom Lambert
Tweaking Antitrust's Business Model , Thom Lambert
Weyerhaeuser and the Search for Antitrust's Holy Grail, Thom Lambert
Introduction to Vanishing Trial Symposium, John M. Lande
Intellectual Property Resources in and for Space: The Practitioner's Experience, Gary Myers
The Ambiguous Meaning of Human Conception, Philip G. Peters Jr.
The Democratic Legitimacy of Government-Related Dispute Resolution, Richard C. Reuben
Confidentiality in Arbitration: Beyond the Myth, Richard C. Reuben
Untangling the Privacy Paradox in Arbitration, Amy J. Schmitz
Flying without a Statutory Basis: Why McDonnell Douglas is Not Justified by any Statutory Construction Methodology, Sandra F. Sperino
Sky Remains Intact: Why Allowing Subgroup Evidence is Consistent with the Age Discrimination in Employment Act, Sandra F. Sperino
Enforcement of Arbitral Awards Against Foreign States or State Agencies, S. I. Strong
Convicting the Innocent: Aberration or Systemic Problem?, Rodney J. Uphoff
CIA v. Sims: Mosaic Theory and Government Attitude, Christina E. Wells
Katrina and the Rhetoric of Federalism, Christina E. Wells
Eminent Domain Reform in Missouri: A Legislative Memoir, Dale A. Whitman
Adopting Restatement Mortgage Subrogation Principles: Saving Billions of Dollars for Refinancing Homeowners, Dale A. Whitman and Grant S. Nelson
Submissions from 2005
Reforming Juvenile Delinquency Treatment to Enhance Rehabilitation, Personal Accountability and Public Safety, Douglas E. Abrams
An Alternative Paradigm for Valuing Breach of Registration Rights and Loss of Liquidity, Royce de R. Barondes
Correcting the Empirical Foundations of IPO-Pricing Regulation, Royce de R. Barondes
NASD Regulation of IPO Conflicts of Interest - Does Gatekeeping Work?, Royce de R. Barondes
Should Antitrust Education be Mandatory (for Law School Administrators)?, Royce de R. Barondes and Thomas A. Lambert
Examining Compliance with Fiduciary Duties: A Study of Real Estate Agents (with V. Carlos Slawson Jr.), Royce de R. Barondes and Carlos V. Slawson Jr.
Beyond BandAids: A Proposal for Reconfiguring Federal Sentencing After Booker, Frank O. Bowman III
Mr. Madison Meets a Time Machine: The Political Science of Federal Sentencing Reform, Frank O. Bowman III
Murder, Meth, Mammon & Moral Values: The Political Landscape of American Sentencing Reform (in symposium on white collar crime), Frank O. Bowman III
The Failure of the Federal Sentencing System: A Structural Analysis, Frank O. Bowman III
The ABA/AALS Sabbatical Site Inspection: Strangers in a Strange Land, R. Lawrence Dessem
The Fourteenth Rule, R. Lawrence Dessem
Advancing Public Interest Practitioner Research Skills in Legal Education, Randy J. Diamond
Revelations from the Blackmun Papers on the Development of Death Penalty Law , Martha Dragich
Foreword--Reflections on Judging: A Discussion Following the Release of the Blackmun Papers , Martha Dragich and Christina E. Wells
The Supreme Court and the DIG: An Empirical and Institutional Analysis with Michael E. Solimine, Rafael Gely and Michael E. Solimine
Evaluating Bundled Discounts, Thom Lambert
Should Antitrust Education be Mandatory (for Law School Administrators)?, Thom Lambert and Royce de R. Barondes
The Promise and Perils of Collaborative Law, John M. Lande
The 'Abuse Excuse' in Capital Sentencing Trials: Is it Relevant to Responsibility, Punishment, or Neither?, Paul J. Litton
A Normative Justification for Distinguishing the Ethics of Clinical Research from the Ethics of Medical Care, Paul J. Litton and Franklin G. Miller
Democracy and Dispute Resolution: Systems Design and the New Workplace, Richard C. Reuben
Democracy and Dispute Resolution: The Problem of Arbitration, Richard C. Reuben
Justice Blackmun and the Spirit of Liberty, Richard C. Reuben
Mobile Home Mania? Protecting Procedurally Fair Arbitration in a Consumer Microcosm, Amy J. Schmitz
State Sentencing Policy and New Prison Admissions, Ben L. Trachtenberg
Fear and Loathing in Constitutional Decision-Making, Christina E. Wells
Some Reflections on the Symposium: Judging, the Classical Legal Paradigm and the Possible Contributions of Science, Christina E. Wells
Foreword - Reflections on Judging: A Discussion Following the Release of the Blackmun Papers , Christina E. Wells and Martha Dragich
Submissions from 2004
Lessons From Juvenile Justice History in the United States, Douglas E. Abrams
Rejecting the Marie Antoinette Paradigm of Prejudgment Interest, Royce de R. Barondes
Spotlight: Response to Violence against Women at the University of Missouri at Columbia, Mary M. Beck
Drifting Down the Dnieper With Prince Potemkin: Some Skeptical Reflections About the Place of Compliance Programs in Federal Criminal Sentencing (symposium), Frank O. Bowman III
Function Over Formalism: A Provisional Theory of the Constitutional Law of Crime and Punishment, Frank O. Bowman III
Memorandum Presenting a Proposal for Bringing the Federal Sentencing Guidelines Into Conformity With Blakely v. Washington, Frank O. Bowman III
Memorandum Presenting the Case for Rapid Congressional Action in Response to Blakely v. Washington, Frank O. Bowman III
Pour Encourager les Autres? The Curious History and Distressing Implications of the Criminal Provisions of the Sarbanes-Oxley Act and the Sentencing Guidelines Amendments That Followed, Frank O. Bowman III
Train Wreck? Or Can the Federal Sentencing System Be Saved? A Plea for Rapid Reversal of Blakely v. Washington, Frank O. Bowman III
Abandonments in Bankruptcy: Unifying Competing Tax and Bankruptcy Policies, Michelle A. Cecil
Damages as Narrative, Melody Richardson Daily
Damages: Using a Case Study to Teach Law, Dispute Resolution, and Lawyering , Melody Richardson Daily, Chris Guthrie, and Leonard L. Riskin
Tim, R. Lawrence Dessem
The Citation of Unpublished Opinions as Precedent, Martha Dragich
The New Mexico Uniform Trust Code, David M. English
Dissent and Disestablishment: The Church/State Settlement of the New American Republic, Carl H. Esbeck
Encouraging Courage: Law's Response to Fear and Risk, William B. Fisch
Taxing Political Donations: The Case for Corrective Taxes in Campaign Finance, David Gamage
Love, Sex and Politics? Sure. Salary? No Way: Workplace Social Norms and the Law, Rafael Gely and Leonard Bierman
The Law and Economics of Employee Information Exchange in the Knowledge Economy, Rafael Gely and Leonard Bierman
Affirmative Refraction: Grutter v. Bollinger Through the Lens of the Case "The Case of the Speluncean Explorers", Rafael Gely and Paul L. Caron
Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning , Rafael Gely and Paul L. Caron
What Law Schools Can Learn From Billy Beane and the Oakland Athletics , Rafael Gely and Paul L. Caron
Maternity Leave Under the FMLA: An Analysis of the Litigation Experience , Rafael Gely and Timothy D. Chandler
Book Review: Law and Colonial Cultures: Legal Regimes in World History, 1400-1900, Sam F. Halabi
A Brief Exploration of Space: Some Observations on Law School Architecture, Robert H. Jerry II
A Brief Exploration of Space: Some Observations on Law School Architecture, Robert H. Jerry II
The Insurance Aspects of Damages, Robert H. Jerry II and Douglas R. Richmond
Avoiding Regulatory Mismatch in the Workplace: An Informational Approach to Workplace Safety Regulation, Thom Lambert
Two Mistakes Behavioralists Make: A Reply to Professor Feigenson et al. and Professor Slovic, Thom Lambert
Focusing on Program Design Issues in Future Research on Court-Connected Mediation, John M. Lande
The Vanishing Trial Report, John M. Lande
2004 Update - 180-Day Exclusivity under the Hatch-Waxman Amendments to the Federal Food, Drug, and Cosmetic Act, Erika Lietzan
A Brief History of 180-Day Exclusivity Under the Hatch-Waxman Amendments to the Federal Food, Drug, and Cosmetic Act, Erika Lietzan
Fear and Risk in 'Times of Crisis': The Media's Challenge, Richard C. Reuben
Using "Norms" to Change International Law: UN Human Rights Laws Sneaking in Through the Back Door, Troy A. Rule
Promoting the Promise Manufactured Homes Provide for Affordable Housing, Amy J. Schmitz
Refreshing Contractual Analysis of ADR Agreements By Curing Bipolar Avoidance of Modern Common Law, Amy J. Schmitz
Relations Between Lawyer and Client in Damages: Model, Typical, or Dysfunctional?, Rodney J. Uphoff
Information Control in Times of Crisis: The Tools of Repression (symposium, Privacy and Surveillance), Christina E. Wells
"National Security" Information and the Freedom of Information Act, Christina E. Wells
Questioning Deference, Christina E. Wells
Foreword - Interdisciplinary Perspectives on Fear and Risk Perception in Times of Democratic Crisis (symposium), Christina E. Wells and Jennifer K. Robbennolt
Reforming Foreclosure: The Uniform Nonjudicial Foreclosure Act, Dale A. Whitman and Grant S. Nelson
Submissions from 2003
A Challenge to the Rationale for General Economic Crime Sentence Increases Following Sarbanes-Oxley, Frank O. Bowman III
Editor's Observations: The Sarbanes-Oxley Act and What Came After, Frank O. Bowman III
Ten Things Deans Can Do with Students, R. Lawrence Dessem
The Kansas Uniform Trust Code, David M. English
Are Security Deposits "Security Interests"? The Proper Scope of Article 9 and Statutory Interpretation in Consumer Class Actions, R. Wilson Freyermuth
Supreme Court's 2002 Term Employment Law Cases: Is This Justice Scalia's Court?, Rafael Gely
Pay Secrecy/ Confidentiality Rules and the National Labor Relations Act, Rafael Gely and Leonard Bierman