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 2000
A Judicious Solution: The Criminal Law Committee Draft Redefinition of the Loss Concept in Economic Crime Sentencing, Frank O. Bowman III
Briefing Paper on Problems in Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman III
Completing the Sentencing Revolution: Reconsidering Sentencing Procedure in the Guidelines Era, Frank O. Bowman III
Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman III
Fear of Law: Thoughts on Fear of Judging and the State of the Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman III
Sentencing Guidelines: Where We Are and How We Got Here (panel remarks), Frank O. Bowman III
Reinvigorating Chapter 11: The Case for Reinstating the Stock-For-Debt Exception in Bankruptcy, Michelle A. Cecil
A Form Letter From the Dean, R. Lawrence Dessem
Is There a Uniform Trust Act in Your Future, David M. English
Nursing Home Residents and the New California Health Care Decisions Law, David M. English and Rebecca C. Morgan
Charitable Choice and the Critics, Carl H. Esbeck
Differentiating the Free Exercise and Establishment Clauses, Carl H. Esbeck
Restricting Public Employees' Political Activities: Good Government or Partisan Politics?, Rafael Gely and Timothy D. Chandler
The Insurer's Right to Reimbursement of Defense Costs, Robert H. Jerry II
The Insurer's Right to Reimbursement of Defense Costs, Robert H. Jerry II
The Case Against Private Disparate Impact Suits, Thom Lambert
Getting the Faith: Why Business Lawyers and Executives Believe in Mediation, John M. Lande
Toward More Sophisticated Mediation Theory, John M. Lande
Book Review: The Reasonable Woman and the Warrior Code, Lyrissa Lidsky
Silencing John Doe: Defamation and Discourse in Cyberspace, Lyrissa Lidsky
Statutory Rape Law and Enforcement in the Wake of Welfare Reform, Rigel C. Oliveri
Health Care Law: Breaking Down the Boundaries of Malpractice Law, Philip G. Peters Jr.
The Quiet Demise of Deference to Custom: Malpractice Law at the Millenium, Philip G. Peters Jr.
States Starting to Offer Legal Protection for Apology, Richard C. Reuben
Constitutional Gravity: A Unitary Theory of Alternative Dispute Resolution and Public Civil Justice, Richard C. Reuben
Book Review: We the People: The Fourteenth Amendment and the Supreme Court, S. I. Strong
Case and Comment: Between the Baby and the Breast, S. I. Strong
Who Should Control the Decision to Call a Witness: Respecting a Criminal Defendant's Tactical Choices, Rodney J. Uphoff
Bringing Structure to the Law of Injunctions Against Expression, Christina E. Wells
Submissions from 1999
Defending Substantial Assistance: An Old Prosecutor's Meditation on Singleton, Sealed Case, and the Maxfield-Kramer Report, Frank O. Bowman III
Departing Is Such Sweet Sorrow: A Year of Judicial Revolt on "Substantial Assistance" Departures Follows a Decade of Prosecutorial Indiscipline (Prosecution Law Symposium), Frank O. Bowman III
Practical Magic: A Few Down-to-Earth Suggestions for the New Sentencing Commission, Frank O. Bowman III
High Crimes and Misdemeanors: Defining the Constitutional Limits on Presidential Impeachment, Frank O. Bowman III and Stephen L. Sepinuck
Toward Adding Further Complexity to the Internal Revenue Code: A New Paradigm for the Deductibility of Capital Losses, Michelle A. Cecil
(Seven Principles for Good Practice in Legal Education): Principle 5: Good Practice Emphasizes Time on Task, R. Lawrence Dessem
Myths, Miscues, and Misconceptions: No-Aid Separationism and the Establishment Clause, Carl H. Esbeck
Successive Causes and the Enigma of Duplicated Harm, David A. Fischer
Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform, Rafael Gely and Leonard Bierman
A Primer for the First-Time Law Dean Candidate, Robert H. Jerry II
ADA Mediation After Sutton, Murphy and Albertson, James Levin
Tax Exemptions and the Establishment Clause, Erika Lietzan
Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division at Forty, Michael A. Middleton
Harming Future Persons: Obligations to the Children of Reproductive Technology, Philip G. Peters Jr.
Hindsight Bias and Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.
Court Issues Major Ruling on Mediation Confidentiality, Richard C. Reuben
The Pendulum Swings Again, Richard C. Reuben
Major Step Forward: Proposed Uniform Mediation Act Goes Public for Comments, Richard C. Reuben and Nancy H. Rogers
Why in-House Live Client Clinics Won't Work in Romania: Confessions of a Clinician Educator, Rodney J. Uphoff
Digital Recording of Real Estate Conveyances, Dale A. Whitman
Submissions from 1998
Researching Cases on the Web, Douglas E. Abrams
Fiduciary Duties of Officers and Directors of Distressed Corporations, Royce de R. Barondes
Adoption of Children in Missouri, Mary M. Beck
Coping with "Loss": A Re-Examination of Sentencing Federal Economic Crimes under the Guidelines, Frank O. Bowman III
Justice Blackmun, Franz Kafka, and Capital Punishment, Martha Dragich
The Establishment Clause as a Structural Restraint on Governmental Power, Carl H. Esbeck
Tribute to Professor Richard B. Tyler, William B. Fisch
The Constitutionalization of Law in the United States, William B. Fisch and Richard S. Kay
Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, Rafael Gely
Understanding Congressional Reform: Lessons From the Seventies, Rafael Gely and Asghar Zardkoohi
Insurance, Contract, and the Doctrine of Reasonable Expectations, Robert H. Jerry II
Crime or Punishment: The Parental Corporal Punishment Defense - Reasonable and Necessary, or Excused Abuse, Kandice Johnson
Failing Faith in Litigation? A Survey of Business Lawyers' and Executives' Opinions, John M. Lande
A "Party Satisfaction" Perspective on a Comprehensive Mediation Statute, James Levin and Chris Guthrie
Prying, Spying and Lying: Intrusive Newsgather and What the Law Should Do About Them, Lyrissa Lidsky
Crossing the Line: The Political and Moral Battle over Late-Term Abortion, Rigel C. Oliveri
The Illusion of Autonomy at the End of Life: Unconsented Life Support and the Wrongful Life Analogy, Philip G. Peters Jr.
The Right Mix, Richard C. Reuben
Choppy Waters, Richard C. Reuben and Nancy H. Rogers
Allocation of Decisionmaking between Defense Counsel and Criminal Defendant: An Empirical Study of Attorney-Client Decisionmaking, Rodney J. Uphoff
Hypocrites and Barking Harlots: The Clinton-Lewinsky Affair and the Attack on Women, Christina E. Wells
Of Communists and Anti-Abortion Protestors: The Consequences of Falling into the Theoretical Abyss, Christina E. Wells
Mortgage Drafting: Lessons from the Restatement of Mortgages, Dale A. Whitman
Reforming the Law: The Payment Rule as a Paradigm , Dale A. Whitman
Submissions from 1997
Appendix to Guest Editor's Observations: A Proposal for a Consolidated Theft/Fraud Guideline, Frank O. Bowman III
Guest Editor's Observations: Back to Basics: Helping the Commission Solve the "Loss" Mess with Old Familiar Tools, Frank O. Bowman III
Places in the Heartland: Departure Jurisprudence After Koon, Frank O. Bowman III
A Form Letter to the Dean, R. Lawrence Dessem
A Constitutional Case for Governmental Cooperation with Faith-Based Social Service Providers, Carl H. Esbeck
Constitutional Gravity: A Unitary Theory of Alternative Dispute Resolution and Public Civil Justice, Carl H. Esbeck
Where Are We Now?: Life After Electromation, Rafael Gely
Whose Team Are You On? My Team or My TEAM?: The NLRA's Section 8(a)(2) and the TEAM Act, Rafael Gely
"Let's Call It a Draw": Striker Replacements and the Mackay Doctrine, Rafael Gely and Leonard Bierman
Consent, Contract, and the Responsibilities of Insurance Defense Counsel, Robert H. Jerry II
Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert and Christopher Boerner
How Will Lawyering and Mediation Practices Transform Each Other?, John M. Lande
Law and the Wisconsin Idea, Erika Lietzan and Paul D. Carrington
When Physicians Balk at Futile Care: Implications of the Disability Rights Laws, Philip G. Peters Jr.
Blowing the Whistle Louder, Richard C. Reuben
Completing the Admissibility Equation, Richard C. Reuben
Finding the Right Target, Richard C. Reuben
Justices Take the 11th, Richard C. Reuben
Moment of Truth, Richard C. Reuben
Perspective on the RAND Report: The Dialogue Continues, Richard C. Reuben
The Court Logs On, Richard C. Reuben
The Insider Story, Richard C. Reuben
Public Justice: Toward a State Action Theory of Alterative Dispute Resolution, Richard C. Reuben
Justice Scalia as a Modern Lord Devlin: Animus and Civil Burdens in Romer v. Evans, S. I. Strong