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 2015
Vox Populi: Robert McCulloch, Ferguson, and the Roles of Prosecutors and Grand Juries in High-Profile Cases, Frank O. Bowman III
Bankruptcy Weapons to Terminate a Zombie Mortgage, Andrea Boyack and Robert Berger
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
Foreword--King v. Burwell Symposium: Comments on the Commentaries (and on Some Elephants in the Room), David Gamage
Prompt on the King v. Burwell Case, David Gamage
The Case for Taxing (All of) Labor Income, Consumption, Capital Income, and Wealth, David Gamage
Preventing Government Shutdowns: Designing Default Rules for Budgets, David Gamage and David Scott Louk
The Implications of CSX and DMA, David Gamage and Darien Shanske
Using Taxes to Improve Cap and Trade, Part I: Distribution, David Gamage and Darien Shanske
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
Retaliation and the Reasonable Person, Sandra F. Sperino
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
Transferring Nonnegotiable Mortgage Notes, Dale A. Whitman
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
American Dream in Flux: The Endangered Right to Lease a Home, Andrea Boyack
Common Interest Community Covenants and the Freedom of Contract Myth, Andrea Boyack
Muddying the Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority in Condominium Foreclosures, Andrea Boyack and William E. Foster
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
A Way Forward for Tax Law and Economics? A Response to Osofsky's "Frictions, Screening, and Tax Law Design", David Gamage
How Should Governments Promote Distributive Justice?: A Framework for Analyzing the Optimal Choice of Tax Instruments, David Gamage
Why the Affordable Care Act Authorizes Tax Credits on the Federal Exchanges, David Gamage and Darien Shanske
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
Let's Pretend Discrimination Is a Tort, Sandra F. Sperino
The Tort Label, Sandra F. Sperino
Fakers and Floodgates, Sandra F. Sperino and Suja A. Thomas
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
Teaching Legal History in the Age of Practical Legal Education, Douglas E. Abrams
The Little League Champions Benched by Jim Crow in 1955: Resistance and Reform after Brown v. Board of Education, Douglas E. Abrams
The Project that Hurts Your Head: Simple Project Management for the Innovating Law Librarian, Cynthia Bassett and Resa Kerns
Scholarship Repository Launch Brochure, Cynthia W. Bassett