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 2020
Reflections on COVID-19, Insurance, Business Interruption, Systemic Risk, and the Future, Robert H. Jerry II
Mere Common Ownership and the Antitrust Laws, Thomas A. Lambert
The Limits of Antitrust in the 21st Century, Thomas A. Lambert
Distorted Drug Patents, Erika Lietzan
Early Access to Unapproved Medicines in the United States and France, Erika Lietzan
Greenwashing No More: The Case for Stronger Regulation of Environmental Marketing, Robin M. Rotman, Chloe J. Gossett, and Hope D. Goldman
Use of Multiple Stream Temperature Logger Models Can Alter Conclusions, Robin M. Rotman, Joanna B. Whittier, Jacob T. Westhoff, and Craig P. Paukert
Addressing the Class Claim Conundrum with Online Dispute Resolution, Amy J. Schmitz
Measuring "Access to Justice" in the Rush to Digitize, Amy J. Schmitz
Co-Worker Evidence in Court, Sandra F. Sperino
Into the Weeds: Modern Discrimination Law, Sandra F. Sperino
Killing the Cat's Paw, Sandra F. Sperino
The Emerging Statutory Proximate Cause Doctrine, Sandra F. Sperino
Deliberating at a Crossroads: Sex Trafficking Victims’ Decisions About Participating in the Criminal Justice Process, Rachel J. Wechsler
Submissions from 2019
America's Founding Editors: Writing the Declaration of Independence, Douglas E. Abrams
References to Movies in Judicial Opinions and Written Advocacy, Part 1, Douglas E. Abrams
References to Movies in Judicial Opinions and Written Advocacy, Part 2, Douglas E. Abrams
References to Television Shows in Judicial Opinions and Written Advocacy (Part I), Douglas E. Abrams
References to Television Shows in Judicial Opinions and Written Advocacy (Part II), Douglas E. Abrams
Frozen Pre-Embryo Practice in Missouri, Mary M. Beck and L. "Joanna" Beck Wilkinson
British Impeachments (1376-1787) and the Preservation of the American Constitutional Order, Frank O. Bowman III
Responsible Devolution of Affordable Housing, Andrea Boyack
Stating a Claim Under the Establishment and Free Exercise Clauses: What Trump v. Hawaii Can Teach Us, Carl H. Esbeck
Residential Mortgage Default and the Constraints of Junior Liens, R. Wilson Freyermuth and Dale A. Whitman
The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the 2017 Tax Legislation, David Gamage and David Kamin
On Yang's Proposed Federal Tax on Subnational Tax Incentives, David Gamage and Darien Shanske
States Should Conform to GILTI, Part 3: Elevator Pitch and Q & A, David Gamage and Darien Shanske
Why States Can Tax the GILTI, David Gamage and Darien Shanske
Why States Should Tax the GILTI, David Gamage and Darien Shanske
Will States Step Up in 2020? We Hope So, David Gamage and Darien Shanske
Taxing E-Commerce in the Post-Wayfair World, David Gamage, Adam t, and Darien Shanske
Relational Preferences in Chapter 11 Proceedings, Brook E. Gotberg
Moving beyond Medical Debt, Brook E. Gotberg and Michael D. Sousa
The Diverging Right(s) to Bear Arms: Private Armament and the Second and Fourteenth Amendments in Historical Context, Alexander Gouzoules
"Undue Hardship" and Uninsured Americans: How Access to Healthcare Should Impact Student-Loan Discharge in Bankruptcy, Alexander Gouzoules
Does TRIPS Stop International IP Free-Riders, Sam F. Halabi
Viral Sovereignty, Intellectual Property, and the Changing Global System for Sharing Pathogens for Infectious Disease Research, Sam F. Halabi
The Purposes of Title VII, Chuck Henson
Understanding How to Regulate: A Response to Professor Heinzerling, Thomas A. Lambert
The Case for Doing Nothing about Institutional Investors' Common Ownership of Small Stakes in Competing Firms, Thomas A. Lambert and Michael E. Sykuta
Access before Evidence and the Price of the FDA's New Drug Authorities, Erika Lietzan
The "Evergreening" Metaphor in Intellectual Property Scholarship, Erika Lietzan
The Surprising Reach of FDA Regulation of Cannabis, Even after Descheduling, Erika Lietzan and Sean M. O'Connor
Vouchers and Affordable Housing: The Limits of Choice in the Political Economy of Place, Rigel C. Oliveri
Can Mindfulness Help Law Students with Stress, Focus, and Well-Being: An Empirical Study of 1Ls at a Midwestern Law School, Richard C. Reuben and Kennon M. Sheldon
Expanding Access to Remedies Through E-Court Initiatives, Amy J. Schmitz
Online Dispute Resolution for Smart Contracts, Amy J. Schmitz and Colin Rule
Caught by the Cat's Paw, Sandra F. Sperino
Harassment: A Separate Claim?, Sandra F. Sperino
The People v. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben L. Trachtenberg
Assumptions about Terrorism and the Brandenburg Incitement Test, Christina E. Wells
Submissions from 2018
"Fear Itself": What Legal Writers Can Learn From FDR's Iconic Moment, Douglas E. Abrams
Judges and Their Editors, Douglas E. Abrams
Legal Writing: Sense and Nonsense, Douglas E. Abrams
One Judge's Ten Tips for Effective Brief Writing (Part I), Douglas E. Abrams
One Judge's "Ten Tips for Effective Brief Writing" (Part II), Douglas E. Abrams
Tips About Written Advocacy From the North Dakota Supreme Court, Douglas E. Abrams
Automatic Authorization of Frisks in Terry Stops for Suspicion of Firearms Possession, Royce de R. Barondes
Conditioning Exercise of Firearms Rights on Unlimited Terry Stops, Royce de R. Barondes
Contumacious Responses to Firearms Legislation (LEOSA) Balancing Federalism Concerns, Royce de R. Barondes
Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, and Susan Navarro Smelcer
Sustainable Affordable Housing, Andrea Boyack
Let's Teach Our Students Legal Technology... But What Should We Include?, Randy J. Diamond, Darin Fox, Kenneth J. Hirsh, Heidi Frostestad Kuehl, and Michael Robak
Do Discretionary Religious Exemptions Violate the Establishment Clause, Carl H. Esbeck
Teaching and Scholarship Enrichment through Involvement in Law Reform, R. Wilson Freyermuth
The New Model Negotiated Alternative to the Foreclosure Act, R. Wilson Freyermuth and Dale A. Whitman
Charitable Contributions in Lieu of SALT Deductions, David Gamage
The Future of SALT: A Broader Picture, David Gamage and Darien Shanske
Why (and How) States Should Tax the Repatriation, David Gamage and Darien Shanske
Caveat IRS: Problems with Abandoning the Full Deduction Rule, David Gamage, Darien Shanske, Joseph Bankman, Jacob Goldin, Daniel J. Hemel, Kirk J. Stark, Dennis J. Ventry Jr., and Manoj Viswanathan
State Responses to Federal Tax Reform: Charitable Tax Credits, David Gamage, Darien Shanske, Joseph Bankman, Jacob Goldin, Daniel Hemel, Kirk J. Stark, Dennis J. Ventry Jr., and Manoj Viswanathan
Wayfair: Substantial Nexus and Undue Burden, David Gamage, Darien Shanske, and adam Thimmesch
Wayfair and the Retroactivity of Constitutional Holdings, David Gamage, Adam Thimmesch, and Darien Shanske
Wayfair: Marketplaces and Foreign Vendors, David Gamage, Adam Thimmesch, and Darien Shanske
Wayfair: Sales Tax Formalism and Income Tax Nexus, David Gamage, Adam Thimmesch, and Darien Shanske
Introduction to "Dispute Resolution and Political Polarization", Rafael Gely
Optimal Deterrence and the Preference Gap, Brook E. Gotberg
The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, and the Future of "New" Medicines, Sam F. Halabi
Yes, There Is Such a Thing as Too Much Transparency, Sam F. Halabi
Calm Down About Common Ownership, Thom Lambert and Michael E. Sykuta
Overcoming Roadblocks to Reaching Settlement in Family Law Cases, John M. Lande
#I U: Considering the Context of Online Threats, Lyrissa Lidsky
A Solution in Search of a Problem at the Biologics Frontier, Erika Lietzan
Paper Promises for Drug Innovation, Erika Lietzan
The History and Political Economy of the Hatch-Waxman Amendments, Erika Lietzan
Traumatic Brain Injury and a Divergence between Moral and Criminal Responsibility, Paul J. Litton
Crime, Punishment, and Causation: The Effect of Etiological Information on the Perception of Moral Agency, Paul J. Litton and Philip Robbins
Sexual Harassment of Low-Income Women in Housing: Pilot Study Results, Rigel C. Oliveri
Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws, Richard C. Reuben
The U.S. Nuclear Waste Impasse: Transportation Implications, Robin M. Rotman and Michael F. McBride
A Blueprint for Online Dispute Resolution System Design, Amy J. Schmitz
There's an "App" for That: Developing Online Dispute Resolution to Empower Economic Development, Amy J. Schmitz
Disbelief Doctrines, Sandra F. Sperino
Anti-Suit Injunctions in Judicial and Arbitral Procedures in the United States, S. I. Strong
Can International Law Trump Trump's Immigration Agenda: Protecting Individual Rights through Procedural Jus Cogens, S. I. Strong
General Principles of Procedural Law and Procedural Jus Cogens, S. I. Strong
The European Succession Regulation and the Arbitration of Trust Disputes, S. I. Strong
The 2015 University of Missouri Protests and their Lessons for Higher Education Policy and Administration, Ben L. Trachtenberg
Free Speech Hypocrisy: Campus Free Speech Conflicts and the Sub-Legal First Amendment, Christina E. Wells