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 2014
Defining Unreasonably Exclusionary Conduct: The 'Exclusion of a Competitive Rival' Approach, Thom Lambert
Escaping from Lawyers' Prison of Fear, John Lande
A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, John M. Lande
Good Pretrial Lawyering: Planning to Get to Yes Sooner, Cheaper, and Better, John M. Lande
A New Framework for Assessing Clinical Data Transparency Initiatives, Erika Lietzan
Is Psychological Research on Self-Control Relevant to Criminal Law?, Paul J. Litton
Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the Next Generation of Citizens, S. David Mitchell
Females on the Fringe: Considering Gender in Payday Lending Policy, Amy J. Schmitz
Secret Consumer Scores and Segmentations: Separating Consumer 'Haves' from 'Have-Nots', Amy J. Schmitz
Beyond International Commercial Arbitration? The Promise of International Commercial Mediation, S. I. Strong
Limits of Procedural Choice of Law, S. I. Strong
Recognition and Enforcement of Foreign Judgments in U.S. Courts: Problems and Possibilities, S. I. Strong
Rogue Debtors and Unanticipated Risk, S. I. Strong
Testimonial Is As Testimonial Does, Ben L. Trachtenberg
Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining, Rodney J. Uphoff and Peter A. Joy
Submissions from 2013
Confronting the Youth Sports Concussion Crisis: A Central Role for Responsible Local Enforcement of Playing Rules, Douglas E. Abrams
School Bullying Victimization as an Educational Disability, Douglas E. Abrams
Teaching Legal History in the Age of Practical Legal Education, Douglas E. Abrams
The Project that Hurts Your Head: Simple Project Management for the Innovating Law Librarian, Cynthia Bassett and Resa Kerns
Scholarship Repository Launch Brochure, Cynthia W. Bassett
Scholarship Repository Launch Prezi, Cynthia W. Bassett
Freeing Morgan Freeman: Expanding Back-End Release Authority in American Prisons, Frank O. Bowman III
Lost Options for Mutual Gain? The Layperson, the Lawyer, and Dispute Resolution in Early America, Carli N. Conklin
A Trademark Justification for Design Patent Rights, Dennis D. Crouch
Stepping Aside as Dean, R. Lawrence Dessem
The True Value of a Law Degree, or, Why Did Thurgood Marshall Go to Law School?, R. Lawrence Dessem and Gregory M. Stein
Do You Know What's On Your Plate?: The Importance of Regulating the Processes of Food Production, Martha Dragich
Unwanted Exposure to Religious Expression by Government: Standing and the Establishment Clause, Carl H. Esbeck
Article 9 and the Characterization and Treatment of Tenant Security Deposits, R. Wilson Freyermuth and William H. Henning
Preferences Are Public Rights, Brook E. Gotberg
Restructuring the Bankruptcy System: A Strategic Response to Stern V. Marshall, Brook E. Gotberg
Constitutional Borrowing as Jurisprudential and Political Doctrine in Shri DK Basu v. State of West Bengal, Sam F. Halabi
The Beginning of the End?: Horne v. Department of Agriculture and the Future of Williamson County, Joshua D. Hawley
Leadership and Followership, Robert H. Jerry II
Lessons from Mediators' Stories, John M. Lande
Lessons from Teaching Students to Negotiate Like a Lawyer, John M. Lande
Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice, John M. Lande
Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship, Paul J. Litton
Symposium Foreword: Bombshell or Baby Step? The Ramifications of Miller v. Alabama for Sentencing Law and Juvenile Crime Policy, Paul J. Litton
Blanket Retroactive Amelioration: A Remedy for Disproportionate Punishments, S. David Mitchell
Blanket Retroactive Amelioration: A Remedy for Disproportionate Punishments, S. David Mitchell
Property Rights and Modern Energy, Troy A. Rule
American Exceptionalism in Consumer Arbitration, Amy J. Schmitz
Ensuring Remedies to Cure Cramming, Amy J. Schmitz
Sex Matters: Considering Gender in Consumer Contracts, Amy J. Schmitz
Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration, S. I. Strong
Cross-Border Collective Redress and Individual Participatory Rights: Quo Vadis?, S. I. Strong
Cross-Border Collective Redress in the European Union: Constitutional Rights in the Face of the Brussels I Regulation, S. I. Strong
Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, S. I. Strong
Mass Procedures as a Form of "Regulatory Arbitration" - Abaclat v. Argentine Republic and the International Investment Regime, S. I. Strong
Law School Marketing and Legal Ethics, Ben L. Trachtenberg
Regulators, Mount Up, Ben L. Trachtenberg
Submissions from 2012
Bullying Victimization as a Disability in Public Elementary and Secondary Education, Douglas E. Abrams
Plagiarism in Lawyers' Advocacy: Imposing Discipline for Conduct Prejudicial to the Administration of Justice, Douglas E. Abrams
Player Safety in Youth Sports: Sportsmanship and Respect as an Injury Prevention Strategy, Douglas E. Abrams
The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact of Now v. Little League Baseball, Inc. at 40, Douglas E. Abrams
Side Letters, Incorporation by Reference and Construction of Contractual Relationships Memorialized in Multiple Writings, Royce de R. Barondes
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman III
Getting Away with Murder (Most of the Time): Civil War Era Homicide Cases in Boone County, Missouri, Frank O. Bowman III
Nothing is Not Enough: Fix the Absurd Post-Booker Federal Sentencing System, Frank O. Bowman III
Forward: Jim Devine's "Show Me Spirit", R. Lawrence Dessem
Financial Decision-Making for Adults Lacking the Capacity to Make Their Own Decisions, David M. English
A Religious Organization’s Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment, Carl H. Esbeck
Defining Religion Down: Hasanna-Tabor, Martinez, and the U.S. Supreme Court, Carl H. Esbeck
Before Wisconsin and Ohio: The Quiet Success of Card-Check Organizing in the Public Sector, Rafael Gely and Timothy D. Chandler
International Trademark Protection and Global Public Health: A Just-Compensation Regime for Expropriations and Regulatory Takings, Sam F. Halabi
The Supremacy Clause as Structural Safeguard of Federalism: State Judges and International Law in the Post-Erie Era, Sam F. Halabi
Traditions and Belligerent Recognition: The Libyan Intervention in Historical and Theoretical Context, Sam F. Halabi
Title VII Works - That's Why We Don't Like It, Chuck Henson
Bad Faith at Middle Age: Comments on “The Principle without a Name (Yet),” Insurance Law, Contract Law, Specialness, Distinctiveness, and Difference, Robert H. Jerry II
Public Forum 2.1: Public Higher Education Institutions and Social Media, Robert H. Jerry II and Lyrissa Lidsky
Public Forum 2.1: Public Higher Education Institutions and Social Media, Robert H. Jerry II and Lyrissa Barnett Lidsky
Teaching Students to Negotiate Like a Lawyer, John M. Lande
The Revolution in Family Law Dispute Resolution, John M. Lande
Principles for Designing Negotiation Instruction, John M. Lande, Ximena Bustamante, Jay Folberg, and Joel Lee
Not a Free Press Court?, Lyrissa Lidsky
Bringing Mindfulness into the Law School Classroom: A Personal Journey, Richard C. Reuben
FAA Law, Without the Activism: What if the Bellwether Cases Were Decided by a Truly Conservative Court, Richard C. Reuben
Airspace and the Takings Clause, Troy A. Rule
Airspace and the Takings Clause, Troy A. Rule
Access to Consumer Remedies in the Squeaky Wheel System, Amy J. Schmitz
Building Bridges to Consumer Remedies in International eConflicts, Amy J. Schmitz
Arbitration of Trust Disputes: Two Bodies of Law Collide, S. I. Strong
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, S. I. Strong
Does Class Arbitration "Change the Nature" of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles, S. I. Strong
Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust, S. I. Strong
Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices, S. I. Strong
Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS, S. I. Strong
Regulatory Litigation in the European Union: Does the U.S. Class Action Have a New Analogue?, S. I. Strong
Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared, S. I. Strong
Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause, Ben L. Trachtenberg
Reducing the Discount Rate, Ben L. Trachtenberg
Tinkering with the Machinery of Life, Ben L. Trachtenberg
Contextualizing Disclosure's Effects: Wikileaks, Balancing and the First Amendment, Christina E. Wells
Lies, Honor, and the Government’s Good Name: Seditious Libel and the Stolen Valor Act, Christina E. Wells
Submissions from 2011
Lochner v. New York (1905) and Kennedy v. Louisiana (2008): Judicial Reliance on Adversary Argument, Douglas E. Abrams
Recognizing the Public Schools' Authority to Discipline Students' Off-Campus Cyberbullying of Classmates, Douglas E. Abrams
Back to the Drawing Board: Reexamining Accepted Criteria for Regional Structure of the Courts of Appeals, Martha Dragich