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.

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Submissions from 2011

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Back to the Drawing Board: Reexamining Accepted Criteria for Regional Structure of the Courts of Appeals, Martha Dragich

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Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation, Carl H. Esbeck

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Religious Freedom, Church-State Separation, & the Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, and Richard W. Garnett

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Organizing Principles: The Significance of Card-Checks Laws, Rafael Gely and Timothy D. Chandler

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Efficient Contracting between Foreign Investors and Host States: Evidence from Stabilization Clauses, Sam F. Halabi

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The Patient Protection and Affordable Care Act of 2010: Rulemaking the Shadow of Incentive-Based Regulation, Sam F. Halabi

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Appropriate Liability Rules for Tying and Bundled Discounting, Thom Lambert

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The Roberts Court and the Limits of Antitrust, Thom Lambert

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An Empirical Analysis of Collaborative Practice, John M. Lande

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Getting Good Results for Clients by Building Good Working Relationships with 'Opposing Counsel', John M. Lande

Government Sponsored Social Media and Public Forum Doctrine under the First Amendment: Perils and Pitfalls, Lyrissa Lidsky

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Incendiary Speech and Social Media, Lyrissa Lidsky

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Public Forum 2.0, Lyrissa Lidsky

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Impeding Reentry: Agency and Judicial Obstacles to Longer Halfway House Placements, S. David Mitchell

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Airspace in a Green Economy, Troy A. Rule

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Arbitration Ambush in a Policy Polemic, Amy J. Schmitz

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International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective, S. I. Strong

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Jurisdictional Discovery in Transnational Litigation: Extraterritorial Effects of United States Federal Practice, S. I. Strong

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Health Inflation, Wealth Inflation, and the Discounting of Human Life, Ben L. Trachtenberg

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A Discourse on the ABA's Criminal Justice Standards: Prosecution and Defense Functions: The Physical Evidence Dilemma: Does ABA Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff

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Preemption & the Regulatory Paradigm in the Roberts Court, Christina E. Wells, William E. Marcantel, and Dave Winters

Submissions from 2010

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Judges and Their Editors, Douglas E. Abrams

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Sports in the Courts: the Role of Sports References in Judicial Opinions, Douglas E. Abrams

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Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, Frank O. Bowman III

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Prolegomenon on the Status of the Hopey, Changey Thing in American Criminal Justice, Frank O. Bowman III

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A Reappraisal of Attorneys' Fees in Bankruptcy, Michelle A. Cecil

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An Empirical Study of the Role of the Written Description Requirement in Patent Prosecution, Dennis D. Crouch

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Book Review: Reviewing Part III of Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law, Dennis D. Crouch

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Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making, Dennis D. Crouch and Robert P. Merges

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Uniformity, Inferiority, and the Law of the Circuit Doctrine, Martha Dragich

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Taxpayer Standing From Flast to Hein, Carl H. Esbeck

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Plurality of Political Opinion and the Concentration of Media in the United States, William B. Fisch

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Foreclosure by Arbitration?, R. Wilson Freyermuth

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Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth

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Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely and Timothy D. Chandler

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Educating the United States Supreme Court at Summers' School: A Lesson on the "Special Character of the Animal", Rafael Gely, Ramona L. Paetzold, and Leonard Bierman

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The Supreme Court and the Sophisticated Use of DIGS, Rafael Gely and Michael E. Solimine

The World Health Organization's Framework Convention on Tobacco Control: an Analysis of Guidelines Adopted by the Converence of the Parties, Sam F. Halabi

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A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, Thom Lambert

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Collaborative Lawyers' Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients' Informed Consent to Use Collaborative Law, John M. Lande and Forrest Steven Mosten

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The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, John M. Lande and Jean R. Sternlight

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Unofficial Legislative History of the Biologics Price Competition and Innovation Act 2009, An, Erika Lietzan, Krista Hessler Carver, and Jeffrey Elikan

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Thoughts on Preemption in the Wake of the Levine Decision, Erika Lietzan and Sarah E. Pitlyk

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The Future of Music: Reconfiguring Public Performance Rights, Gary Myers and George Howard

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Discriminatory Housing Advertisements On-Line: Lessons from Craigslist, Rigel C. Oliveri

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Renewable Energy and the Neighbors, Troy A. Rule

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Shadows on the Cathedral: Solar Access Laws in a Different Light, Troy A. Rule

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‘Drive-Thru’ Arbitration in the Digital Age: Empowering Consumers Through Regulated ODR, Amy J. Schmitz

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Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms, Amy J. Schmitz

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Pizza-Box Contracts: True Tales of Consumer Contracting Culture, Amy J. Schmitz

From Class to Collective: The De-Americanization of Class Arbitration, S. I. Strong

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Jurisdictional Discovery in United States Federal Courts, S. I. Strong

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Coconspirators, “Coventurers,” and the Exception Swallowing the Hearsay Rule, Ben L. Trachtenberg

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Forward: Symposium on Broke and Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff

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Regulating Offensiveness: Snyder v. Phelps, Emotion, and the First Amendment, Christina E. Wells

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State Secrets & Executive Accountability, Christina E. Wells

Submissions from 2009

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Stories of Crime, Trials, and Appeals in Civil War Era Missouri, Frank O. Bowman III

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The Phases and Faces of the Duke Lacrosse Controversy: A Conversation, James E. Coleman, Angela Davis, K.C. Johnson, and Lyrissa Lydsky

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Is Novelty Obsolete? Chronicling the Irrelevance of the Invention Date in U.S. Patent Law, Dennis D. Crouch

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Nil: The Value of Patents in a Major Crisis Such as an Influenza Pandemic, Dennis D. Crouch

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Forward: Sandra Day O'Connor, Earl F. Nelson, and State Judicial Selection and Retention Systems, R. Lawrence Dessem

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Protestant Dissent and the Virginia Disestablishment, 1776-1786, Carl H. Esbeck

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Why the Supreme Court has Fashioned Rules of Standing Unique to the Establishment Clause, Carl H. Esbeck

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Federal and State Judicial Selection in an Interest Group Perspective, Rafael Gely and Michael E. Solimine

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Participation and the Right to Health: Lessons from Indonesia, Sam F. Halabi

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Dr. Miles is Dead. Now What?: Structuring a Rule of Reason for Minimum Resale Price Maintenance, Thom Lambert

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The Uniform Collaborative Law Act's Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process, John M. Lande and Forrest Steven Mosten

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Anonymity in Cyberspace: What Can We Learn from John Doe?, Lyrissa Lidsky

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Nobody's Fools: The Rational Audience as First Amendment Ideal, Lyrissa Lidsky

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A New History and Discussion of 180-Day Exclusivity, Erika Lietzan, David E. Korn, and Shaw W. Scott

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In With the New, Out With the Old: Expanding the Scope of Retroactive Amelioration, S. David Mitchell

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Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination, Rigel C. Oliveri

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Personal Autonomy and Vacatur After Hall Street, Richard C. Reuben

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The Impact of News Coverage on Conflict: Toward Greater Understanding, Richard C. Reuben

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A Downwind View of the Cathedral: Using Rule Four to Allocate Wind Rights, Troy A. Rule

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Nonconsensual Nonbinding = Nonsensical? Reconsidering Court-Connected Arbitration Programs, Amy J. Schmitz

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Research in International Commercial Arbitration: Special Skills, Special Sources, S. I. Strong

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The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?, S. I. Strong

Submissions from 2008

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Services as Capital Contributions: Understanding Kovacik v. Reed, Royce de R. Barondes

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Sentencing High-Loss Corporate Insider Frauds After Booker, Frank O. Bowman III

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The Sounds of Silence: American Criminal Justice Policy in Election Year 2008, Frank O. Bowman III

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The Patent Lottery: Exploiting Behavioral Economics for the Common Good, Dennis D. Crouch

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Knowing Which Deanship is the Right One, R. Lawrence Dessem

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Maybe Deaning is Not for You, R. Lawrence Dessem

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The 60th Anniversary of the Everson Decision and America's Church-State Proposition, Carl H. Esbeck

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The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Services Programs, Carl H. Esbeck

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What the Hein Decision Can Tell Us About the Roberts Court and the Establishment Clause, Carl H. Esbeck

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Card Check Recognition: New House Rules for Union Organizing?, Rafael Gely and Timothy D. Chandler

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Antitrust (Over-?) Confidence, Thom Lambert and Joshua D. Wright

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An Appreciation of Marc Galanter's Scholarship, John M. Lande

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Developing Better Lawyers and Lawyering Practices: Introduction to the Symposium on Innovative Models of Lawyering, John M. Lande

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Practical Insights From an Empirical Study of Cooperative Lawyers in Wisconsin, John M. Lande

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The Movement Toward Early Case Handling in Courts and Private Dispute Resolution, John M. Lande

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Where's the Harm?: Free Speech and the Regulation of Lies, Lyrissa Lidsky

Nanoethics'? What's New?, Paul J. Litton

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Non-Beneficial Pediatric Research and the Best Interest Standard: A Reconciliation, Paul J. Litton

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Non-Beneficial Pediatric Research and the Best Interest Standard: A Reconciliation, Paul J. Litton

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Responsibility Status of the Psychopath: On Moral Reasoning and Rational Self-Governance, Paul J. Litton

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Is Acquisition Everything? Protecting the Rights of Occupants Under the Fair Housing Act, Rigel C. Oliveri

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Health Courts?, Philip G. Peters Jr.