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 1997
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
Romer v. Evans and the Permissibility of Morality Legislation, S. I. Strong
Preparing the New Law Graduate to Practice Law: A View from the Trenches, Rodney J. Uphoff, James J. Clark, and Edward C. Monahan
Reinvigorating Autonomy: Freedom and Responsibility in the Supreme Court's First Amendment Jurisprudence, Christina E. Wells
Submissions from 1996
Crime Legislation and the Public Interest: Lessons from Civil RICO, Douglas E. Abrams
Fairness in Civil Rights Arbitration, Douglas E. Abrams
A Bludgeon by Any Other Name: The Misuse of Ethical Rules against Prosecutors to Control the Law of the State, Frank O. Bowman III
Quality of Mercy Must Be Restrained, and Other Lessons in Learning to Love the Federal Sentencing Guidelines, Frank O. Bowman III
The Revolving Door Part I: A Federal Prosecutor Returns to School, Frank O. Bowman III
To Tell the Truth: The Problem of Prosecutorial "Manipulation" of Sentencing Facts, Frank O. Bowman III
Once a Century: Time for a Structural Overhaul of the Federal Courts, Martha Dragich
Survey Results: Use of Durable Powers, David M. English
The Authority of a Guardian to Commit an Adult Ward, David M. English
Judicial Knowledge, William B. Fisch
Reply: The Need for Real Striker Replacement Reform, Rafael Gely and Leonard Bierman
Health Insurance Coverage for High-Cost Health Care: Reflections on The Rainmaker, Robert H. Jerry II
Defamation, Reputation, and the Myth of Community, Lyrissa Lidsky
The Restatement's Rejection of the Misappropriation Tort, Gary Myers
Trademark Parody: Lessons from the Copyright Decision in Campbell v. Acuff-Rose Music, Gary Myers
Family Fundamentals, Richard C. Reuben
Heading Back to the Thicket, Richard C. Reuben
In Pursuit of Health, Richard C. Reuben
Police Under the Gun, Richard C. Reuben
Re-Tailoring Jury Trial Rights, Richard C. Reuben
The Lawyer Turns Peacemaker, Richard C. Reuben
Submissions from 1995
The Limits of Quantitative Legal Analyses: Chaos in Legal Scholarship and FDIC v. W.R. Grace & Co., Royce de R. Barondes
Improving America's Health Care: Authorizing Independent Prescriptive Privileges for Advanced Practice Nurses, Mary M. Beck
Playing "21" with Narcotics Enforcement: A Response to Professor Carrington (symposium, Regulatory Future of Contingent Employment), Frank O. Bowman III
All We Really Need to Know About Teaching We Learned in Kindergarten, R. Lawrence Dessem
A Restatement of the Supreme Court's Law of Religious Freedom: Coherence, Conflict or Chaos?, Carl H. Esbeck
Comments on a Revised Filing System, R. Wilson Freyermuth
Rethinking Proceeds: The History, Misinterpretation and Revision of U.C.C. Section 9-306, R. Wilson Freyermuth
Striker Replacements: A Law, Economics, and Negotiations Approach, Rafael Gely and Leonard Bierman
The North American Agreement on Labor Cooperation: A New Frontier in North American Labor Relations, Rafael Gely and Leonard Bierman
Through the Looking Glass: Can Title VII Help Women and Minorities to Shatter the Glass Ceiling, Rafael Gely and Ramona L. Paetzold
Defensor Fidei: The Travails of a Post-Realist Formalism, Lyrissa Lidsky
Anonymous Campaign Literature and the First Amendment, Erika Lietzan
Outpatient Civil Commitment in North Carolina: Constitutional and Policy Concerns, Erika Lietzan
Remark: Brown v. Board: Revisited, Michael A. Middleton
Dean John Wade and the Law of Torts, Gary Myers
Health Care Rationing and Disability Rights, Philip G. Peters Jr.
If the Punishment Fits - Doctored BMW Paint Job Returns Punitive Damages Issue to the Court, Richard C. Reuben
One Crime, Two Punishments - Asset Forfeiture Cases Offer Chance to Sort out Double Jeopardy Issues, Richard C. Reuben
Suing the Firm, Richard C. Reuben
The New Federalism, Richard C. Reuben
Children's Rights in Intercountry Adoption: Towards a New Goal, S. I. Strong
The Criminal Defense Lawyer as Effective Negotiator: A Systemic Approach, Rodney J. Uphoff
Abortion Counseling as Vice Activity: The Free Speech Implications of Rust v. Sullivan and Planned Parenthood v. Casey, Christina E. Wells
Rethinking Future Advance Mortgages: A Brief for the Restatement Approach, Dale A. Whitman and Grant S. Nelson
Submissions from 1994
Arbitrability in Recent Federal Civil Rights Legislation: The Need for Amendment, Douglas E. Abrams
Integrating Legal Writing Into Civil Procedure, Douglas E. Abrams
An Economic Analysis of the Potential for Coercion in Consent Solicitations for Bonds, Royce de R. Barondes
Dynamic Economic Analyses of Selected Provisions of Corporate Law: The Absolute Delegation Rule, Disclosure of Intermediate Estimates and IPO Pricing, Royce de R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application of Federal Securities Law To Opinions and Estimates, Royce de R. Barondes
Gift of Life: The Lawyer's Role in Organ and Tissue Donation, David M. English
Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States, William B. Fisch and Richard S. Kay
Wrong Side of the Mountain: A Comment on Bad Faith's Unnatural History, Robert H. Jerry II
Maintaining Order in the Post-Strike Workplace: Employee Expression and the Scope of Section 7, Lyrissa Lidsky
Small Numbers, Black Men, Precipitous Responses, Big Problems, Michael A. Middleton
Antitrust and First Amendment Implications of Professional Real Estate Investors, Gary Myers
Justice Defined - It Takes More than a Single Opinion to Understand How Legal Reasoning and Personal Experience Shape a 24-Year Career, Richard C. Reuben
The Case of a Lifetime, Richard C. Reuben
Providing an Escape for Inner-City Children: Creating a Federal Remedy for Educational Ills of Poor Urban Schools, Amy J. Schmitz
Submissions from 1993
Judicial Reporting Under the Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem
The Role of the Federal Magistrate Judge in Civil Justice Reform, R. Lawrence Dessem
Checklist for Long-Term Care Coverage, David M. English
Defining the Right to Die, David M. English
1993 Survey of Trends and Developments on Religious Liberty in the Courts, Carl H. Esbeck
Table of United States Supreme Court Decisions Relating to Religious Liberty 1789-1994, Carl H. Esbeck
Proportional Liability: Statistical Evidence and the Probability Paradox, David A. Fischer
Of Hotel Revenues, Rents, and Formalism in the Bankruptcy Courts: Implications for Reforming Commercial Real Estate Finance, R. Wilson Freyermuth
Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace, John M. Lande, Lauren B. Edelman, and Howard S. Erlanger
The Differing Treatment of Efficiency and Competition in Antitrust and Tortious Interference Law, Gary Myers
Rethinking Wrongful Life: Bridging the Boundary between Tort and Family Law, Philip G. Peters Jr.
What's New in Intellectual Property - Business Is Booming in Copyright, Trademark and Patent Law, Richard C. Reuben
Banning the Cultural Exclusion: Free Trade and Copyrighted Goods, S. I. Strong
Criminal Discovery in Oklahoma: A Call for Legislative Action, Rodney J. Uphoff
Mortgage Prepayment Clauses: An Economic and Legal Analysis, Dale A. Whitman
Submissions from 1992
Why Have Chapter 11 Bankruptcies Failed So Miserably? A Reappraisal of Congressional Attempts to Protect a Corporation's Net Operating Losses After Bankruptcy, Michelle A. Cecil
Equitable Estoppel against the Government - The Missouri Experience: Time to Rethink the Concept, Kenneth D. Dean
Legislative Veto of Administrative Rules in Missouri: A Constitutional Virus, Kenneth D. Dean
Turning Online Time into Quality Time: Searching Ohio Case Law on LEXIS and WESTLAW, Randy J. Diamond
The UPC and the New Durable Powers, David M. English
Government Regulation of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Causation in Fact in Omission Cases, David A. Fischer
The Legal Profession, Legal Education, and Change, Robert H. Jerry II
Intrusion and the Investigative Reporter, Lyrissa Lidsky
Litigation as a Predatory Practice, Gary Myers
Submissions from 1991
Including Retirement Benefits in a Debtor's Bankruptcy Estate: A Proposal for Harmonizing ERISA and the Bankruptcy Code, Michelle A. Cecil
The New Criminal Discovery Code in Oklahoma: A Two Way Street in the Wrong Direction, Rodney J. Uphoff
Submissions from 1990
Federal and State Water Quality Regulation and Law in Missouri, Peter N. Davis
First Freedom: Religion and the Bill of Rights, Carl H. Esbeck
The Lemon Test: Should It Be Retained, Reformulated or Rejected?, Carl H. Esbeck
Emergency in the Constitutional Law of the United States, William B. Fisch
A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases, Rafael Gely and Pablo T. Spiller
Statutory Prohibitions on the Negotiation of Insurance Agent Commissions: Substantive Due Process Review under State Constitutions, Robert H. Jerry II and Reginald L. Robinson