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 2017
How University Title IX Enforcement and Other Discipline Processes (Probably) Discriminate against Minority Students, Ben L. Trachtenberg
What Do I Do with the Porn on My Computer: How a Lawyer Should Counsel Clients about Physical Evidence, Rodney J. Uphoff and Peter A. Joy
Restoring the Balance Between Secrecy and Transparency: The Prosecution of NationaI Security Leaks Under the Espionage Act, Christina E. Wells
Submissions from 2016
Long Ideas, Short Words, Douglas E. Abrams
References to Baseball in Judicial Opinions and Written Advocacy, Douglas E. Abrams
References to Television Programming in Judicial Opinions and Lawyers’ Advocacy, Douglas E. Abrams
Respectful Identifiers, Douglas E. Abrams
Writing in Law Reviews, Bar Association Journals, and Blogs (Part I), Douglas E. Abrams
Writing in Law Reviews, Bar Association Journals, and Blogs (Part II), Douglas E. Abrams
Encounters with an Inconstant Cerberus: A Response to Mr. Schmitt, Frank O. Bowman III
First Principles and Practical Politics: Thoughts on Judge Pryor's Proposal to Revive Presumptive Federal Sentencing Guidelines, Frank O. Bowman III
A New American Dream for Detroit, Andrea Boyack
More Talking, More Writing, Andrea Boyack
Symposium Introduction: Beyond the FAA: Arbitration Procedure, Practice, and Policy in Historical Perspective, Carli N. Conklin
GRAS-Fed Americans: Sick of Lax Regulation of Food Additives, Martha Dragich
Amending the Uniform Guardianship and Protective Proceedings Act to Implement the Standards and Recommendations of the Third National Guardianship Summit, David M. English
When Religious Exemptions Cause Third-Party Harms: Is The Establishment Clause Violated?, Carl H. Esbeck
Tax Cannibalization and State Government Tax Incentive Programs, David Gamage and Darien Shanske
The Federal Government's Power to Restrict State Taxation, David Gamage and Darien Shanske
Using Taxes to Improve Cap and Trade, Part II: Efficient Pricing, David Gamage and Darien Shanske
Collective Corporate Knowledge, the Federal False Claims Act, and the Future of Federal Health Programs, Sam F. Halabi
International Intellectual Property Shelters, Sam F. Halabi
The Scope of Preemption under the 2009 Family Smoking Prevention and Tobacco Control Act, Sam F. Halabi
Last Lecture: Tips for Lawyers Who Want to Get Good Results for Clients and Make Money, John M. Lande
You as a Brand: A Legal History, Lyrissa Lidsky
U.S. Media Law Update, Lyrissa Lidsky and Racheal Jones
Of Reasonable Readers and Unreasonable Speakers: Libel Law in a Networked World, Lyrissa Lidsky and RonNell Anderson Jones
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
Discrimination Law: The New Franken-Tort, Sandra F. Sperino
Justice Kennedy's Big New Idea, Sandra F. Sperino
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
Book Review: Human Smuggling and Border Crossings, Rachel J. Wechsler
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
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