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 1993
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
After We're Gone: A Commentary, Michael A. Middleton
Submissions from 1989
The Establishment Clause as a Structural Restraint on Governmental Power, Carl H. Esbeck
New Developments in Kansas Insurance Law, Robert H. Jerry II
Challenging Discriminatory Guesswork: Does Impact Analysis Apply, Michael A. Middleton
The State's Interest in the Preservation of Life: From Quinlan to Cruzan, Philip G. Peters Jr.
Submissions from 1988
Protecting Waste Assimilation Streamflows by the Law of Water Allocation, Nuisance, and Public Trust, and by Environmental Statutes, Peter N. Davis
1987 Survey of Trends and Developments on Religious Liberty in the Courts, Carl H. Esbeck
Enforcement of Acceleration Provisions and the Rhetoric of Good Faith, R. Wilson Freyermuth
Role of the Criminal Defense Lawyer in Representing the Mentally Impaired Defendant: Zealous Advocate or Officer of the Court, Rodney J. Uphoff
Mandatory Student Fees: First Amendment Concerns and University Discretion, Christina E. Wells
Submissions from 1987
Rico on the High Seas: A Symposium on Civil Rico and Maritime Law: Civil Rico's Cause of Action: The Landscape After Sedima, Douglas E. Abrams
The Scope of Liability Under Section 12 of the Federal Securities Act of 1933: 'Participation' and the Pertinent Legislative Materials, Douglas E. Abrams
Personal Jurisdiction after ASAHI: The Other (International) Shoe Drops, R. Lawrence Dessem
Products Liability-Proximate Cause, Intervening Cause, and Duty, David A. Fischer
Rethinking Excessive Force, R. Wilson Freyermuth
Social Investing and the Lessons of South Africa Divestment: Rethinking the Limitations on Fiduciary Discretion, Robert H. Jerry II and O. Maurice Joy
Securing Justice: A Response to William Bradford Reynolds, Michael A. Middleton
Missouri Law Review Fellows Program Inaugurated, Dale A. Whitman
Submissions from 1986
Congressional Standing to Sue: Whose Vote is This, Anyway?, R. Lawrence Dessem
1985 Survey of Trends and Developments on Religious Liberty in the Courts, Carl H. Esbeck
1986 Survey of Trends and Developments in Religious Liberty in the Courts, Carl H. Esbeck
Five Views of Church-State Relations in Contemporary American Thought, Carl H. Esbeck
Tort Claims against Churches and Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Preemption of State Law Notice Provisions Governing the Recovery of Attorneys' Fees by Section 506(b) of the Bankruptcy Code, R. Wilson Freyermuth
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry II
A Policy Analysis of Fee-Shifting Rules Under the Internal Revenue Code, Gary Myers and Richard L. Schmalbeck
Submissions from 1985
The Place of Procedural Control in Determining Who May Sue or be Sued: Lessons in Statutory Interpretation from Civil RICO and Sedima, Douglas E. Abrams
The Naked Public Square: Religion and Democracy in America , Carl H. Esbeck
Toward a General Theory of Church-State Relations and the First Amendment, Carl H. Esbeck
Use of Government Funding and Taxing Power to Regulate Schools, Carl H. Esbeck and Kline Capps
Coercive Appointments of Counsel in Civil Cases in Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Introduction to Wolf Creek Symposium, Robert H. Jerry II
Justifying Unisex Insurance: Another Perspective, Robert H. Jerry II and Kyle B. Mansfield
Preface: Missouri Law Review--1913-1936-1986, Dale A. Whitman
Installment Land Contracts--The National Scene Revisited, Dale A. Whitman and Grant S. Nelson
Submissions from 1984
Establishment Clause Limits on Governmental Interference with Religious Organizations, Carl H. Esbeck
Religion and a Neutral State: Imperative or Impossibility?, Carl H. Esbeck
New Settlement Statute: Its History and Effect, David A. Fischer
Antitrust and Employer Restraints in Labor Markets, Robert H. Jerry II
Arthur L. Corbin: His Kansas Connection, Robert H. Jerry II
Recent Developments in Kansas Insurance Law: A Survey, Some Analysis, and Some Suggestions, Robert H. Jerry II
Mediation Paradigms and Professional Identities: Can Mediators Activate a New Movement for Justice?, John M. Lande
Preface by the Dean, Dale A. Whitman
Submissions from 1983
Recent Developments in West German Civil Procedure, William B. Fisch
Impressions of a Not-So-Average Juror, Robert H. Jerry II
Congressional Preemption of Mortgage Due-on-Sale Law: An Analysis of the Garn-St. Germain Act, Dale A. Whitman and Grant S. Nelson
Submissions from 1982
Eastern Water Diversion Permit Statutes: Precedents for Missouri, Peter N. Davis
The Riparian Right of Streamflow Protection in the Eastern States, Peter N. Davis
Tort Law: Expanding the Scope of Recovery Without Loss of Jury Control, David A. Fischer
Submissions from 1981
Writing From a Legal Perspective by George D. Gopen, Douglas E. Abrams and Jay Wishingrad
Partnership Taxation: A Deceased Partner's Final Year, Michelle A. Cecil
State Regulation of Social Services Ministries of Religious Organizations, Carl H. Esbeck
Products Liability--An Analysis of Market Share Liability, David A. Fischer
Recovery in Tort for Educational Malpractice: Problems of Theory and Policy, Robert H. Jerry II
Submissions from 1979
Products Liability--Functionally Imposed Strict Liability, David A. Fischer
Role of Misuse in Products Liability Litigation, David A. Fischer
European Analogues to the Class Action: Group Action in France and Germany, William B. Fisch
Submissions from 1978
State Ownership of Beds of Inland Waters - A Summary and Reexamination, Peter N. Davis
Board of Curators of the University of Missouri v. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem
Products Liability--Applicability of Comparative Negligence, David A. Fischer
Products Liability--Applicability of Comparative Negligence to Misuse and Assumption of the Risk, David A. Fischer
State Regulation of Alien Land Ownership, William B. Fisch
Secrecy and Real Property, Dale A. Whitman
Submissions from 1977
Fraudulently Induced Consent to Intentional Torts, David A. Fischer
Federal Housing Assistance for the Poor: Old Problems and New Directions, Dale A. Whitman
Financing Condominiums and Cooperatives, Dale A. Whitman
The Installment Land Contract--A National Viewpoint, Dale A. Whitman and Grant S. Nelson
Submissions from 1976
Student Due Process Rights in Academic Dismissals from the Public Schools, R. Lawrence Dessem
A Reconsideration of the Stock Market Exception to the Dissenting Shareholder's Right of Appraisal, Robert H. Jerry II
Submissions from 1975
The Design of Videotape Systems for Legal Education, Dale A. Whitman and Gerald R. Williams
Submissions from 1974
Groundwater Pollution: Case Law Theories for Relief, Peter N. Davis
Products Liability--The Meaning of Defect, David A. Fischer