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 2021
Book Review: Social Media and Democracy: The State of the Field and Prospects for Reform, Cynthia W. Bassett
Tough Conversations about Race: Let the Book Start the Discussion, Cynthia W. Bassett and Kara Phillips
The Paradox of Exclusive State-Court Jurisdiction over Federal Claims, Thomas B. Bennett
The Federal Sentencing Guidelines: Some Valedictory Reflections Twenty Years after Apprendi, Frank O. Bowman III
Reattribution, the Poison Pill and Inventorship, Dennis D. Crouch
So Many Have Died: COVID-19 in America's Nursing Homes, David M. English
An Extended Essay on Church Autonomy, Carl H. Esbeck
The Establishment Clause: Its Original Public Meaning and What We Can Learn From the Plain Text, Carl H. Esbeck
The World War I Memorial Cross Case: U.S. Supreme Court Takes a New Approach with the Establishment Clause, Carl H. Esbeck
Wage Enslavement: How the Tax System Holds Back Historically Disadvantaged Groups of Americans, David Gamage and Goldburn P. Maynard Jr.
Is New York’s Mark-to-Market Act Unconstitutionally Retroactive?, David Gamage, Darien Shanske, Reuven S. Avi-Yonah, and Kirk J. Stark
Maryland’s Digital Tax and the ITFA’s Catch-22, David Gamage, Darien Shanske, and Christopher Moran
How States Should Now Consider Expanding Sales Taxes to Services, Part 2, David Gamage, Darien Shanske, Gladriel Shobe, and Grace Stephenson Nielsen
Ignoring Drug Trademarks, Erika Lietzan
Sexual Orientation and Gender Identity Discrimination Claims under the Fair Housing Act after Bostock v. Clayton County, Rigel C. Oliveri
On the Cusp of the Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.
Seismic Shifts: The COVID-19 Pandemic's Gendered Fault Lines and Implications for International Law, Shruti Rana
Crisis, Rupture and Structural Change: Re-Imagining Global Learning and Engagement While Staying in Place during the COVID-19 Pandemic, Shruti Rana and Hamid Ekbia
Beyond Stress Reduction: Mindfulness as a Skill for Developing Authentic Professional Identity, Richard C. Reuben
It's None of Your Business: State Regulation of Tribal Business Undermines Sovereignty and Justice, Robin M. Rotman and Sam J. Carter
Realigning the Clean Water Act: Comprehensive Treatment of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, and Kathleen M. Trauth
Arbitration in the Age of COVID: Examining Arbitration's Move Online, Amy J. Schmitz
Arbitration in the Age of Covid: Examining Arbitration's Move Online, Amy J. Schmitz
Evidentiary Inequality, Sandra F. Sperino
Ruth Bader Ginsburg's Intellectual Property Jurisprudence, Ryan Vacca and Ann Bartow
Submissions from 2020
Amicus Curiae Briefs: A Message from the 7th Circuit, Douglas E. Abrams
Generalist Judges and Advocates' Jargon, Douglas E. Abrams
Mincing No Words: When the Court's Opinion Criticizes an Advocate's Writing, Douglas E. Abrams
References to Children's Stories and Fairy Tales in Judicial Opinions and Written Advocacy, Douglas E. Abrams
Preventing Wrongful Conviction Caused by Eyewitness (Mis)Identification: Establishing a Presumption of Unreliability, Bailey D. Barnes
State-Circuit Split: Reconciling Tennessee Damage Caps after Lindenberg and McClay, Bailey D. Barnes
Violating the Inviolate?: Divided Tennessee Supreme Court Upholds Constitutionality of Noneconomic Damage Caps, Focuses on Right to Jury Trial, Bailey D. Barnes
Missouri's Residency Restrictions for Medical Marijuana Use, Royce de R. Barondes
COVID-19 and Its Impact on America's Retirement System, David M. English
Two More Plumbers Look at the Leak: Purchasing an Annuity in an Institutionalized Spouse's IRA That Is Irrevocably Payable to the Community Spouse May Work for Medicaid Purposes but Runs a Risk of Adverse Tax Treatment, David M. English and Ron M. Landsman
After Espinoza: What's Left of the Establishment Clause?, Carl H. Esbeck
Strategic Nonconformity, State Corporate Income Taxes, And the TCJA: Part II, David Gamage, Darien Shanske, and Adam Thimmesch
Conformity and State Income Taxes: Suggestions for the Crisis, David Gamage and Michael A. Livingston
How the Federal Reserve Should Help States and Localities Right Now, David Gamage and Darien Shanske
States Should Consider Partial Wealth Tax Reforms, David Gamage and Darien Shanske
Tax Cannibalization by State Corporate Taxes: Policy Implications, David Gamage and Darien Shanske
Tax Cannibalization by State Corporate Taxes: Revised Estimates, David Gamage and Darien Shanske
The Case for State Borrowing as a Response to the Current Crisis, David Gamage and Darien Shanske
The Ordinary Diet of the Law: How to Interpret Public Law 86-272, David Gamage and Darien Shanske
Reforming State Corporate Income Taxes Can Yield Billions, David Gamage, Darien Shanske, and Reuven S. Avi-Yonah
States Should Quickly Reform Unemployment Insurance, David Gamage, Darien Shanske, Brian Galle, and Erin Scharff
Why States Should Now Consider Expanding Sales Taxes to Services, Part 1, David Gamage, Darien Shanske, and Grace Stephenson Nielsen
Strategic Nonconformity to the TCJA, Part I: Personal Income Taxes, David Gamage, Adam Thimmesch, and Darien Shanske
A No-Contest Discharge for Uncollectible Student Loans, Brook E. Gotberg, Matthew Bruckner, Dalie Jimenez, and Chrystin Ondersma
Dual Allegiance: Federal and State Treason Prosecutions, the Treason Clause, and the Fourteenth Amendment, Alexander Gouzoules
The Origins and Future of Global Health Law: Regulation, Security, and Pluralism, Sam F. Halabi
The Nagoya Protocol and the Legal Structure of Global Biogenomic Research, Sam F. Halabi, Michelle Rourke, Gian Luca Burci, and Rebecca Katz
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
Revisiting and Confronting the Federal Judiciary Capacity "Crisis": Charting a Path for Federal Judiciary Reform, Ryan Vacca and Peter S. Menell
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
It's Scandalous! - Limiting Profane Trademark Registrations after Tam and Brunetti, Gary Myers
Trademarks & the First Amendment after Matal v. Tam, Gary Myers
Vouchers and Affordable Housing: The Limits of Choice in the Political Economy of Place, Rigel C. Oliveri