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 2016
The Myths of Data Exclusivity, Erika Lietzan
The Law of 180-Day Exclusivity, Erika Lietzan and Julia Post
Remedy Realities in Business-to-Consumer Contracting, Amy J. Schmitz
Book Review: Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, S. I. Strong
Clash of Cultures: Epistemic Communities, Negotiation Theory, and International Lawmaking, S. I. Strong
International Implications of the Will as an Implied Unilateral Arbitration Contract, S. I. Strong
Large-Scale Dispute Resolution in Jurisdictions Without Judicial Class Actions: Learning From the Irish Experience, S. I. Strong
Realizing Rationality: An Empirical Assessment of International Commercial Mediation, S. I. Strong
Choosing a Criminal Procedure Casebook: On Lesser Evils and Free Books, Ben L. Trachtenberg
Submissions from 2015
Concussion Safety in Children’s Sports: A Central Role for the “Power of the Permit”, Douglas E. Abrams
10 Tips for Effective Brief Writing, Douglas E. Abrams
Art of Persuasion: Lessons from an Author Who Shaped Presidential Policy, Douglas E. Abrams
Civility (Part I), Douglas E. Abrams
Civility (Part II), Douglas E. Abrams
Concussion Safety in Children's Sports: A Central Role for the "Power of the Permit", Douglas E. Abrams
Historian Barbara W. Tuchman on the ‘Art of Writing’ (Part II), Douglas E. Abrams
Incivility in Legal Writing Can Be Costly to Client and to Attorney, Douglas E. Abrams
Orwell's Six Cures to Bad Writing, Douglas E. Abrams
Frictions and the Persistence of Inferior Contract Terms, Royce de R. Barondes
Damp Squib: The Disappointing Denouement of the Sentencing Commission's Economic Crime Project (and What They Should Do Now), Frank O. Bowman III
Dispatches from Two Fronts of the Battle for Sentencing Reform: Parole and Federal Sentencing Legislation, Frank O. Bowman III
Good Enough to Be Getting on With? The State of Federal Sentencing Legislation, December 2015, Frank O. Bowman III
Vox Populi: Robert McCulloch, Ferguson, and the Roles of Prosecutors and Grand Juries in High-Profile Cases, Frank O. Bowman III
The Origins of the Pursuit of Happiness, Carli N. Conklin
The History and Future of E-Commerce Patents, Dennis D. Crouch and Mitchell L. Terry
A Post-Obergefell America: Is a Season of Legal and Civic Strife Inevitable?, Carl H. Esbeck
Federal Contractors, Title VII, and LGBT Employment Discrimination: Can Religious Organizations Continue to Staff on a Religious Basis?, Carl H. Esbeck
Third-Party Harms, Congressional Statutes Accommodating Religion, and the Establishment Clause, Carl H. Esbeck
Can Associations Have Priority over Fannie or Freddie?, R. Wilson Freyermuth and Dale A. Whitman
The Codex Alimentarius Commission, Corporate Influence, and International Trade: A Perspective on FDA's Global Role, Sam F. Halabi
Veil-Piercing's Procedure, Sam F. Halabi
Understanding the Judicial Conference Committee on International Judicial Relations, Sam F. Halabi and Nanette K. Laughrey
Sharing the Burden of Ebola Vaccine Related Adverse Events, Sam F. Halabi and John Monahan
Legal Preparedness and Ebola Vaccines, Sam F. Halabi and John T. Monahan
The Supreme Court's Quiet Revolution: Redefining the Meaning of Jurisdiction, Erin Morrow Hawley
Return to Political Theology, Joshua D. Hawley
In Defense of McDonnell Douglas: The Domination of Title VII by the At-Will Employment Doctrine, Chuck Henson
Recognizing the Limits of Antitrust: The Roberts Court Versus the Enforcement Agencies, Thom Lambert and Alden F. Abbott
Family Lawyering with Planned Early Negotiation, John M. Lande
Taking Advantage of Opportunities in Litigotiation, John M. Lande
Privacy and the New Press, Lyrissa Lidsky
On the Argument that Execution Protocol Reform is Biomedical Research, Paul J. Litton
Notice(ing) Ex-Offenders: A Case Study of the Manifest Injustice of Passively Violating a "Felon-in-Possession" Statute, S. David Mitchell
Are Disparate Impact Claims Cognizable under the Fair Housing Act: Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Rigel C. Oliveri
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
Book Review: Private International Law in English Courts, S. I. Strong
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
20/20 Foresight: Coaches Can Have More of an Impact by Removing Dangerous Drills From Practices, Douglas E. Abrams
George Orwell's Classic Essay on Writing: The Best Style Handbook for Lawyers and Judges, Douglas E. Abrams
George Orwell’s Classic Essay on Writing: The Best Style “Handbook” for Lawyers and Judges (Part II), Douglas E. Abrams
Historian Barbara W. Tuchman on the ‘Art of Writing’ (Part I), Douglas E. Abrams
One Judge’s ‘Top Ten Tips for Effective Brief Writing’ (Part I), Douglas E. Abrams
One Judge’s ‘Top Ten Tips for Effective Brief Writing’ (Part II), Douglas E. Abrams
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
The Standard for Awarding Attorney Fees Under 35 U.S.C. Section 285 to Prevailing Parties in Patent Litigation - Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark, Inc. v. Allcare Health Management Systems, Dennis D. Crouch and Jafon Fearson
Impact of Uniform Laws on the Teaching of Trusts and Estates, David M. English
The Home: Where Our Heart Resides, 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
Pharmacy Compounding after the Drug Quality and Security Act, 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
Review Essay: Bilingual Legal Education in the United States: An Idea Whose Time Has Come, S. I. Strong
Rogue Debtors and Unanticipated Risk, S. I. Strong
The U.S. Supreme Court Fellows Program; The Opportunity of a Lifetime, S. I. Strong
International Commercial Arbitration Coming to a Courthouse Near You, S. I. Strong and Judith Kaye
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
A Primer on Criminal Child Abuse and Neglect Law, Douglas E. Abrams
Confronting the Youth Sports Concussion Crisis: A Central Role for Responsible Local Enforcement of Playing Rules, Douglas E. Abrams
George Orwell’s Classic Essay on Writing: The Best Style “Handbook” for Lawyers and Judges (Part I), Douglas E. Abrams
Plagiarism in Lawyers’ Written Advocacy (Part 1), Douglas E. Abrams
Plagiarism in Lawyers’ Written Advocacy (Part II), Douglas E. Abrams
School Bullying Victimization as an Educational Disability, Douglas E. Abrams