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 2015
Notice(ing) Ex-Offenders: A Case Study of the Manifest Injustice of Passively Violating a "Felon-in-Possession" Statute, S. David Mitchell
Beyond Disparate Impact: How the Fair Housing Movement Can Move On, Rigel C. Oliveri
Disparate Impact and Integration: With TDCA v. Inclusive Communities the Supreme Court Retains an Uneasy Status Quo, Rigel C. Oliveri
Single Family Zoning, Intimate Association, and the Right to Choose Household Companions, Rigel C. Oliveri
Funding for Programs that Work: Lessons from the Federal Home Visiting Program, Philip G. Peters Jr.
Introducing the 'New Handshake' to Expand Remedies and Revive Responsibility in ECommerce, Amy J. Schmitz
Reasoned Awards in International Commercial Arbitration: Embracing and Exceeding the Common Law-Civil Law Dichotomy, S. I. Strong
Religious Rights in Historical, Theoretical and International Context: Hobby Lobby as a Jurisprudential Anomaly, S. I. Strong
Protest, Policing, and The Petition Clause: A Review Of Ronald Krotoszynski's Reclaiming The Petition Clause, Christina E. Wells
Submissions from 2014
Reforming High School American History Curricula: What Publicized Student Intolerance Can Teach Policymakers, Douglas E. Abrams
Vestigial Literalism in the Interpretation of Corporate Financing Instruments, Royce de R. Barondes
Dead Law Walking: The Surprising Tenacity of the Federal Sentencing Guidelines, Frank O. Bowman III
Impact of Uniform Laws on the Teaching of Trusts and Estates, David M. English
Conflicting Preferences in Business Bankruptcy: The Need for Different Rules in Different Chapters, Brook E. Gotberg
Jerusalem in the Courts and on the Ground, Sam F. Halabi
Multipolarity, Intellectual Property and the Internationalization of Public Health Law, Sam F. Halabi
Selling Hospice, Sam F. Halabi
Equitable Anti-Junction Act, The, Erin Morrow Hawley
Jurisdictional Question in Hobby Lobby, The, Erin Morrow Hawley
Intellectual Origins of (Modern) Substantive Due Process, The, Joshua D. Hawley
The Transformative Twelfth Amendment, Joshua D. Hawley
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 Little League Champions Benched by Jim Crow in 1955: Resistance and Reform after Brown v. Board of 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