Faculty Publications | Faculty Scholarship | University of Missouri School of Law
 

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.

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Submissions from 2001

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A Primer on Adoption Law, Douglas E. Abrams

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Remembering Judge Hugh R. Jones, Douglas E. Abrams and Mary Lou Crowley

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Falling out of Love with America: The Clinton Impeachment and the Madisonian Constitution, Frank O. Bowman III

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The 2001 Federal Economic Crime Sentencing Reforms: An Analysis and Legislative History, Frank O. Bowman III

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'The Question is Which is to Be Master - That's All': Cunningham, Claiborne, Rita and the Sixth Amendment Muddle, Frank O. Bowman III

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Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences with Michael Heise, Frank O. Bowman III and Michael Heise

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Crumbs for Oliver Twist: Resolving the Conflict Between Tax and Support Claims in Bankruptcy, Michelle A. Cecil

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A Tribute to Governor Mel Carnahan, Kenneth D. Dean

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A Government of Laws and Also of Men: Judge William K. Thomas, R. Lawrence Dessem

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Top Ten Reasons to Be a Law School Dean, R. Lawrence Dessem

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Professionalism in Librarianship: Shifting the Focus from Malpractice to Good Practice, Randy J. Diamond and Martha Dragich

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State Constitutional Restrictions on Legislative Procedure: Rethinking Analysis of Original Purpose, Single Subject, and Clear Title Challenges, Martha Dragich

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The Uniform Health-Care Decisions Act and Its Progress in the States, David M. English

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Religion and the First Amendment: Some Causes of the Recent Confusion, Carl H. Esbeck

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Tort Recovery for Loss of a Chance, David A. Fischer

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Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer and Robert H. Jerry II

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A Tale of Three Statutes . . . (and One Industry): A Case Study on the Competitive Effects of Regulation, Rafael Gely

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Distilling the Essence of Contract Terms: An Anti-Antiformalist Approach to Contract and Employment Law, Rafael Gely

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Cybercoverage for Cyber-Risks: An Overview of Insurers' Responses to the Perils of E-Commerce, Robert H. Jerry II and Michele L. Mekel

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Cybergossip or Securities Fraud? Some First Amendment Guidance in Drawing the Line., Lyrissa Lidsky and Michael Pike

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Book Review: Faith in Law: Essays in Legal Theory, S. I. Strong

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Book Review: Legal Traditions of the World: Sustainable Diversity in Law, S. I. Strong

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Book Review: The Business of Judging, S. I. Strong

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Book Review: Women Under the Law: The False Promise of Human Rights, S. I. Strong

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Beyond Campaign Finance: The First Amendment Implications of Nixon v. Shrink Missouri PAC, Christina E. Wells

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Introduction: The Difficult First Amendment, Christina E. Wells

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Reinforcing the Myth of the Crazed Rapist: A Feminist Critique of Recent Rape Legislation, Christina E. Wells and Erin Elliott

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Chinese Mortgage Law: An American Perspective, Dale A. Whitman

Submissions from 2000

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Adequacy of Disclosure of Restrictions on Flipping IPO Securities, Royce de R. Barondes

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The Business Lawyer as Terrorist Transaction Cost Engineer, Royce de R. Barondes

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A Judicious Solution: The Criminal Law Committee Draft Redefinition of the Loss Concept in Economic Crime Sentencing, Frank O. Bowman III

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Briefing Paper on Problems in Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman III

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Completing the Sentencing Revolution: Reconsidering Sentencing Procedure in the Guidelines Era, Frank O. Bowman III

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Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman III

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Fear of Law: Thoughts on Fear of Judging and the State of the Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman III

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Sentencing Guidelines: Where We Are and How We Got Here (panel remarks), Frank O. Bowman III

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Reinvigorating Chapter 11: The Case for Reinstating the Stock-For-Debt Exception in Bankruptcy, Michelle A. Cecil

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A Form Letter From the Dean, R. Lawrence Dessem

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Is There a Uniform Trust Act in Your Future, David M. English

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Nursing Home Residents and the New California Health Care Decisions Law, David M. English and Rebecca C. Morgan

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Charitable Choice and the Critics, Carl H. Esbeck

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Differentiating the Free Exercise and Establishment Clauses, Carl H. Esbeck

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Restricting Public Employees' Political Activities: Good Government or Partisan Politics?, Rafael Gely and Timothy D. Chandler

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The Insurer's Right to Reimbursement of Defense Costs, Robert H. Jerry II

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The Insurer's Right to Reimbursement of Defense Costs, Robert H. Jerry II

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The Case Against Private Disparate Impact Suits, Thom Lambert

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Getting the Faith: Why Business Lawyers and Executives Believe in Mediation, John M. Lande

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Toward More Sophisticated Mediation Theory, John M. Lande

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Book Review: The Reasonable Woman and the Warrior Code, Lyrissa Lidsky

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Silencing John Doe: Defamation and Discourse in Cyberspace, Lyrissa Lidsky

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Statutory Interpretation, Property Rights, and Boundaries: The Nature and Limits of Protection in Trademark Dilution, Trade Dress, and Product Configuration Cases, Gary Myers

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Statutory Rape Law and Enforcement in the Wake of Welfare Reform, Rigel C. Oliveri

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Health Care Law: Breaking Down the Boundaries of Malpractice Law, Philip G. Peters Jr.

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The Quiet Demise of Deference to Custom: Malpractice Law at the Millenium, Philip G. Peters Jr.

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States Starting to Offer Legal Protection for Apology, Richard C. Reuben

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Constitutional Gravity: A Unitary Theory of Alternative Dispute Resolution and Public Civil Justice, Richard C. Reuben

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Book Review: We the People: The Fourteenth Amendment and the Supreme Court, S. I. Strong

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Case and Comment: Between the Baby and the Breast, S. I. Strong

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Who Should Control the Decision to Call a Witness: Respecting a Criminal Defendant's Tactical Choices, Rodney J. Uphoff

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Bringing Structure to the Law of Injunctions Against Expression, Christina E. Wells

Submissions from 1999

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Defending Substantial Assistance: An Old Prosecutor's Meditation on Singleton, Sealed Case, and the Maxfield-Kramer Report, Frank O. Bowman III

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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

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Practical Magic: A Few Down-to-Earth Suggestions for the New Sentencing Commission, Frank O. Bowman III

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High Crimes and Misdemeanors: Defining the Constitutional Limits on Presidential Impeachment, Frank O. Bowman III and Stephen L. Sepinuck

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Toward Adding Further Complexity to the Internal Revenue Code: A New Paradigm for the Deductibility of Capital Losses, Michelle A. Cecil

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(Seven Principles for Good Practice in Legal Education): Principle 5: Good Practice Emphasizes Time on Task, R. Lawrence Dessem

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Myths, Miscues, and Misconceptions: No-Aid Separationism and the Establishment Clause, Carl H. Esbeck

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Successive Causes and the Enigma of Duplicated Harm, David A. Fischer

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Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform, Rafael Gely and Leonard Bierman

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A Primer for the First-Time Law Dean Candidate, Robert H. Jerry II

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ADA Mediation After Sutton, Murphy and Albertson, James Levin

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Tax Exemptions and the Establishment Clause, Erika Lietzan

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Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division at Forty, Michael A. Middleton

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Harming Future Persons: Obligations to the Children of Reproductive Technology, Philip G. Peters Jr.

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Hindsight Bias and Tort Liability: Avoiding Premature Conclusions, Philip G. Peters Jr.

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Court Issues Major Ruling on Mediation Confidentiality, Richard C. Reuben

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The Pendulum Swings Again, Richard C. Reuben

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Major Step Forward: Proposed Uniform Mediation Act Goes Public for Comments, Richard C. Reuben and Nancy H. Rogers

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Why in-House Live Client Clinics Won't Work in Romania: Confessions of a Clinician Educator, Rodney J. Uphoff

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Digital Recording of Real Estate Conveyances, Dale A. Whitman

Submissions from 1998

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Researching Cases on the Web, Douglas E. Abrams

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Fiduciary Duties of Officers and Directors of Distressed Corporations, Royce de R. Barondes

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Adoption of Children in Missouri, Mary M. Beck

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Coping with "Loss": A Re-Examination of Sentencing Federal Economic Crimes under the Guidelines, Frank O. Bowman III

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Justice Blackmun, Franz Kafka, and Capital Punishment, Martha Dragich

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The Establishment Clause as a Structural Restraint on Governmental Power, Carl H. Esbeck

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Tribute to Professor Richard B. Tyler, William B. Fisch

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The Constitutionalization of Law in the United States, William B. Fisch and Richard S. Kay

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Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, Rafael Gely

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Understanding Congressional Reform: Lessons From the Seventies, Rafael Gely and Asghar Zardkoohi

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Insurance, Contract, and the Doctrine of Reasonable Expectations, Robert H. Jerry II

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Crime or Punishment: The Parental Corporal Punishment Defense - Reasonable and Necessary, or Excused Abuse, Kandice Johnson

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Failing Faith in Litigation? A Survey of Business Lawyers' and Executives' Opinions, John M. Lande

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A "Party Satisfaction" Perspective on a Comprehensive Mediation Statute, James Levin and Chris Guthrie

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Prying, Spying and Lying: Intrusive Newsgather and What the Law Should Do About Them, Lyrissa Lidsky

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Crossing the Line: The Political and Moral Battle over Late-Term Abortion, Rigel C. Oliveri

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The Illusion of Autonomy at the End of Life: Unconsented Life Support and the Wrongful Life Analogy, Philip G. Peters Jr.

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The Right Mix, Richard C. Reuben

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Choppy Waters, Richard C. Reuben and Nancy H. Rogers

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Third Party Intervention and Joinder as of Right in International Arbitration: An Infringement of Individual Contract Rights or a Proper Equitable Measure?, S. I. Strong