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 2013

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A Trademark Justification for Design Patent Rights, Dennis D. Crouch

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Seed Patents, Patent Exhaustion, and Third Parties - Bowman v. Monsanto Co., Dennis D. Crouch

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Stepping Aside as Dean, R. Lawrence Dessem

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The True Value of a Law Degree, or, Why Did Thurgood Marshall Go to Law School?, R. Lawrence Dessem and Gregory M. Stein

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Do You Know What's On Your Plate?: The Importance of Regulating the Processes of Food Production, Martha Dragich

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Unwanted Exposure to Religious Expression by Government: Standing and the Establishment Clause, Carl H. Esbeck

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Article 9 and the Characterization and Treatment of Tenant Security Deposits, R. Wilson Freyermuth and William H. Henning

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Preferences Are Public Rights, Brook E. Gotberg

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Restructuring the Bankruptcy System: A Strategic Response to Stern V. Marshall, Brook E. Gotberg

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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

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Leadership and Followership, Robert H. Jerry II

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Lessons from Mediators' Stories, John M. Lande

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Lessons from Teaching Students to Negotiate Like a Lawyer, John M. Lande

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Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice, John M. Lande

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Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship, Paul J. Litton

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Symposium Foreword: Bombshell or Baby Step? The Ramifications of Miller v. Alabama for Sentencing Law and Juvenile Crime Policy, Paul J. Litton

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Blanket Retroactive Amelioration: A Remedy for Disproportionate Punishments, S. David Mitchell

Blanket Retroactive Amelioration: A Remedy for Disproportionate Punishments, S. David Mitchell

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Property Rights and Modern Energy, Troy A. Rule

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American Exceptionalism in Consumer Arbitration, Amy J. Schmitz

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Ensuring Remedies to Cure Cramming, Amy J. Schmitz

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Sex Matters: Considering Gender in Consumer Contracts, Amy J. Schmitz

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Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, S. I. Strong

Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration, S. I. Strong

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Constitutional Conundrums in Arbitration: Book Review of Arbitration and the Constitution, S. I. Strong

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Cross-Border Collective Redress and Individual Participatory Rights: Quo Vadis?, S. I. Strong

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Cross-Border Collective Redress in the European Union: Constitutional Rights in the Face of the Brussels I Regulation, S. I. Strong

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Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, S. I. Strong

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Mass Procedures as a Form of "Regulatory Arbitration" - Abaclat v. Argentine Republic and the International Investment Regime, S. I. Strong

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Law School Marketing and Legal Ethics, Ben L. Trachtenberg

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Regulators, Mount Up, Ben L. Trachtenberg

Submissions from 2012

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Acronyms, Douglas E. Abrams

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Bullying Victimization as a Disability in Public Elementary and Secondary Education, Douglas E. Abrams

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How Not to File a Complaint, Douglas E. Abrams

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How Written Advocacy Shapes Doctrine (Part I): Did Bad Briefing Decide Lochner v. New York?, Douglas E. Abrams

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Plagiarism in Lawyers' Advocacy: Imposing Discipline for Conduct Prejudicial to the Administration of Justice, Douglas E. Abrams

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Player Safety in Youth Sports: Sportsmanship and Respect as an Injury Prevention Strategy, Douglas E. Abrams

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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

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Side Letters, Incorporation by Reference and Construction of Contractual Relationships Memorialized in Multiple Writings, Royce de R. Barondes

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Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman III

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Getting Away with Murder (Most of the Time): Civil War Era Homicide Cases in Boone County, Missouri, Frank O. Bowman III

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Nothing is Not Enough: Fix the Absurd Post-Booker Federal Sentencing System, Frank O. Bowman III

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Forward: Jim Devine's "Show Me Spirit", R. Lawrence Dessem

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Financial Decision-Making for Adults Lacking the Capacity to Make Their Own Decisions, David M. English

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A Religious Organization’s Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment, Carl H. Esbeck

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Defining Religion Down: Hasanna-Tabor, Martinez, and the U.S. Supreme Court, Carl H. Esbeck

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Before Wisconsin and Ohio: The Quiet Success of Card-Check Organizing in the Public Sector, Rafael Gely and Timothy D. Chandler

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International Trademark Protection and Global Public Health: A Just-Compensation Regime for Expropriations and Regulatory Takings, Sam F. Halabi

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The Supremacy Clause as Structural Safeguard of Federalism: State Judges and International Law in the Post-Erie Era, Sam F. Halabi

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Traditions and Belligerent Recognition: The Libyan Intervention in Historical and Theoretical Context, Sam F. Halabi

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Title VII Works - That's Why We Don't Like It, Chuck Henson

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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

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Public Forum 2.1: Public Higher Education Institutions and Social Media, Robert H. Jerry II and Lyrissa Lidsky

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Public Forum 2.1: Public Higher Education Institutions and Social Media, Robert H. Jerry II and Lyrissa Barnett Lidsky

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How the Supreme Court Doomed the ACA to Failure, Thom Lambert

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Teaching Students to Negotiate Like a Lawyer, John M. Lande

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The Revolution in Family Law Dispute Resolution, John M. Lande

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Principles for Designing Negotiation Instruction, John M. Lande, Ximena Bustamante, Jay Folberg, and Joel Lee

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Not a Free Press Court?, Lyrissa Lidsky

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Public Civil Discourse: A New Domain for Dispute Resolution, Richard C. Reuben

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Bringing Mindfulness into the Law School Classroom: A Personal Journey, Richard C. Reuben

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FAA Law, Without the Activism: What if the Bellwether Cases Were Decided by a Truly Conservative Court, Richard C. Reuben

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Teacher, Mentor, Friend, Leader, Richard C. Reuben and Margaret L. Shaw

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Airspace and the Takings Clause, Troy A. Rule

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Airspace and the Takings Clause, Troy A. Rule

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Access to Consumer Remedies in the Squeaky Wheel System, Amy J. Schmitz

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Building Bridges to Consumer Remedies in International eConflicts, Amy J. Schmitz

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Arbitration of Trust Disputes: Two Bodies of Law Collide, S. I. Strong

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Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, S. I. Strong

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Does Class Arbitration "Change the Nature" of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles, S. I. Strong

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Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust, S. I. Strong

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Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices, S. I. Strong

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Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS, S. I. Strong

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Regulatory Litigation in the European Union: Does the U.S. Class Action Have a New Analogue?, S. I. Strong

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Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared, S. I. Strong

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What Constitutes an "Agreement in Writing" in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act, S. I. Strong

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Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause, Ben L. Trachtenberg

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Reducing the Discount Rate, Ben L. Trachtenberg

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Tinkering with the Machinery of Life, Ben L. Trachtenberg

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Contextualizing Disclosure's Effects: Wikileaks, Balancing and the First Amendment, Christina E. Wells

Submissions from 2011

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A Winning Equation: Sportsmanship + Respect = A Safer Game, Douglas E. Abrams

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Effective Written Advocacy Before Generalist Judges: Advice from Recent Decisions, Douglas E. Abrams

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Effective Written Advocacy Before Generalist Judges: Advice from Recent Decisions, Douglas E. Abrams

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Justice Jackson and the Second Flag-Salute Case: Reason and Passion in Opinion Writing, Douglas E. Abrams

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Justice Jackson and the Second Flag-Salute Case: Reason and Passion in Opinion-Writing, Douglas E. Abrams

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Lochner v. New York (1905) and Kennedy v. Louisiana (2008): Judicial Reliance on Adversary Argument, Douglas E. Abrams

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Reason and Passion: Justice Jackson and the Second Flag Salute Case (Part II), Douglas E. Abrams

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Recognizing the Public Schools' Authority to Discipline Students' Off-Campus Cyberbullying of Classmates, Douglas E. Abrams

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What Great Writers Can Teach Lawyers and Judges: Wisdom from Plato to Mark Twain to Stephen King (Part 2), Douglas E. Abrams

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Copyright Versus the Public Domain: Does the Constitution Allow Congress to Take Works from the Public Domain and Replace Those with Private Exclusive Rights?, Dennis D. Crouch and Ted Wright

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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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Does a Federal Tax Lien Take Priority over a Mortgagee's Lien on Rents: Bloomfield State Bank v. United States, R. Wilson Freyermuth

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Card-Check Laws and Public-Sector Union Membership in the States, Rafael Gely and Timothy D. Chandler

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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