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 2012
Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause, Ben L. Trachtenberg
Reducing the Discount Rate, Ben L. Trachtenberg
Tinkering with the Machinery of Life, Ben L. Trachtenberg
Contextualizing Disclosure's Effects: Wikileaks, Balancing and the First Amendment, Christina E. Wells
Submissions from 2011
A Winning Equation: Sportsmanship + Respect = A Safer Game, Douglas E. Abrams
Effective Written Advocacy Before Generalist Judges: Advice from Recent Decisions, Douglas E. Abrams
Effective Written Advocacy Before Generalist Judges: Advice from Recent Decisions, Douglas E. Abrams
Justice Jackson and the Second Flag-Salute Case: Reason and Passion in Opinion Writing, Douglas E. Abrams
Justice Jackson and the Second Flag-Salute Case: Reason and Passion in Opinion-Writing, Douglas E. Abrams
Lochner v. New York (1905) and Kennedy v. Louisiana (2008): Judicial Reliance on Adversary Argument, Douglas E. Abrams
Reason and Passion: Justice Jackson and the Second Flag Salute Case (Part II), Douglas E. Abrams
Recognizing the Public Schools' Authority to Discipline Students' Off-Campus Cyberbullying of Classmates, Douglas E. Abrams
What Great Writers Can Teach Lawyers and Judges: Precise, Concise, Simple and Clear, Douglas E. Abrams
What Great Writers Can Teach Lawyers and Judges: Wisdom from Plato to Mark Twain to Stephen King (Part 2), Douglas E. Abrams
Community Collateral Damage: A Question of Priorities, Andrea Boyack
Laudable Goals and Unintended Consequences: The Role and Control of Fannie Mae and Freddie Mac, Andrea Boyack
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
Back to the Drawing Board: Reexamining Accepted Criteria for Regional Structure of the Courts of Appeals, Martha Dragich
Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation, Carl H. Esbeck
Religious Freedom, Church-State Separation, & the Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, and Richard W. Garnett
Does a Federal Tax Lien Take Priority over a Mortgagee's Lien on Rents: Bloomfield State Bank v. United States, R. Wilson Freyermuth
On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage and Darien Shanske
Three Essays on Tax Salience: Market Salience and Political Salience, David Gamage and Darien Shanske
Card-Check Laws and Public-Sector Union Membership in the States, Rafael Gely and Timothy D. Chandler
Organizing Principles: The Significance of Card-Checks Laws, Rafael Gely and Timothy D. Chandler
Efficient Contracting between Foreign Investors and Host States: Evidence from Stabilization Clauses, Sam F. Halabi
The Patient Protection and Affordable Care Act of 2010: Rulemaking the Shadow of Incentive-Based Regulation, Sam F. Halabi
Appropriate Liability Rules for Tying and Bundled Discounting, Thom Lambert
The Roberts Court and the Limits of Antitrust, Thom Lambert
An Empirical Analysis of Collaborative Practice, John M. Lande
Getting Good Results for Clients by Building Good Working Relationships with 'Opposing Counsel', John M. Lande
Helping Lawyers Help Clients, John M. Lande
Government Sponsored Social Media and Public Forum Doctrine under the First Amendment: Perils and Pitfalls, Lyrissa Lidsky
Incendiary Speech and Social Media, Lyrissa Lidsky
Public Forum 2.0, Lyrissa Lidsky
Impeding Reentry: Agency and Judicial Obstacles to Longer Halfway House Placements, S. David Mitchell
Airspace in a Green Economy, Troy A. Rule
Consumer Casualties, Amy J. Schmitz
Arbitration Ambush in a Policy Polemic, Amy J. Schmitz
Rethinking Discrimination Law, Sandra F. Sperino
Jurisdictional Discovery in Transnational Litigation: Extraterritorial Effects of United States Federal Practice, S. I. Strong
Health Inflation, Wealth Inflation, and the Discounting of Human Life, Ben L. Trachtenberg
Lies, Honor, and the Government’s Good Name: Seditious Libel and the Stolen Valor Act, Christina E. Wells
Preemption & the Regulatory Paradigm in the Roberts Court, Christina E. Wells, William E. Marcantel, and Dave Winters
Submissions from 2010
Judges and Their Editors, Douglas E. Abrams
Sports in the Courts: How Sports References Strengthen Written Advocacy and Judicial Opinions (Part I), Douglas E. Abrams
Sports in the Courts: How Sports References Strengthen Written Advocacy and Judicial Opinions (Part II), Douglas E. Abrams
Sports in the Courts: the Role of Sports References in Judicial Opinions, Douglas E. Abrams
What Great Writers Can Teach Lawyers and Judges: Wisdom from Plato to Mark Twain to Stephen King (Part 1), Douglas E. Abrams
A Primer on Child Abuse and Neglect Law, Douglas E. Abrams and Sarah H. Ramsey
Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, Frank O. Bowman III
Prolegomenon on the Status of the Hopey, Changey Thing in American Criminal Justice, Frank O. Bowman III
Lessons in Price Stability from the U.S. Real Estate Market Collapse, Andrea Boyack
A Reappraisal of Attorneys' Fees in Bankruptcy, Michelle A. Cecil
An Empirical Study of the Role of the Written Description Requirement in Patent Prosecution, Dennis D. Crouch
Book Review: Reviewing Part III of Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law, Dennis D. Crouch
Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making, Dennis D. Crouch and Robert P. Merges
Uniformity, Inferiority, and the Law of the Circuit Doctrine, Martha Dragich
Disclose - Disclose - Disclose - Longmeyer Distorts the Trustee's Duty to Inform Trust Beneficiaries, David M. English, Berry T. Turney, and Dana G. Fitzsimons Jr.
Panel Discussion at "Signs of the Times: The First Amendment and Religious Symbolism", Carl H. Esbeck
Taxpayer Standing From Flast to Hein, Carl H. Esbeck
Plurality of Political Opinion and the Concentration of Media in the United States, William B. Fisch
Foreclosure by Arbitration?, R. Wilson Freyermuth
Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth
Putting the Brakes on Private Transfer Fee Covenants, R. Wilson Freyermuth
Preventing State Budget Crises: Managing the Fiscal Volatility Problem, David Gamage
Managing Fiscal Volatility by Redefining "Tax Cuts" and "Tax Hikes", David Gamage and Jeremy Bearer-Friend
Minimizing the Harm of State Fiscal Volatility, David Gamage and Jeremy Bearer-Friend
Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely and Timothy D. Chandler
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
The Supreme Court and the Sophisticated Use of DIGS, Rafael Gely and Michael E. Solimine
A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, Thom Lambert
Before You Take a Collaborative Law Case, John M. Lande
Helping Good Lawyers Help Clients Make Good Decisions about Dispute Resolution, John M. Lande
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
The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, John M. Lande and Jean R. Sternlight
Unofficial Legislative History of the Biologics Price Competition and Innovation Act 2009, An, Erika Lietzan, Krista Hessler Carver, and Jeffrey Elikan
Thoughts on Preemption in the Wake of the Levine Decision, Erika Lietzan and Sarah E. Pitlyk
The Future of Music: Reconfiguring Public Performance Rights, Gary Myers and George Howard
Discriminatory Housing Advertisements On-Line: Lessons from Craigslist, Rigel C. Oliveri
ADR and the Rule of Law: Making the Connection, Richard C. Reuben
Renewable Energy and the Neighbors, Troy A. Rule
Shadows on the Cathedral: Solar Access Laws in a Different Light, Troy A. Rule
‘Drive-Thru’ Arbitration in the Digital Age: Empowering Consumers Through Regulated ODR, Amy J. Schmitz
Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms, Amy J. Schmitz
Pizza-Box Contracts: True Tales of Consumer Contracting Culture, Amy J. Schmitz
A Modern Theory of Direct Corporate Liability for Title VII, Sandra F. Sperino
The New Calculus of Punitive Damages for Employment Discrimination Cases, Sandra F. Sperino
From Class to Collective: The De-Americanization of Class Arbitration, S. I. Strong
Jurisdictional Discovery in United States Federal Courts, S. I. Strong
Coconspirators, “Coventurers,” and the Exception Swallowing the Hearsay Rule, Ben L. Trachtenberg
Forward: Symposium on Broke and Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff
Regulating Offensiveness: Snyder v. Phelps, Emotion, and the First Amendment, Christina E. Wells
State Secrets & Executive Accountability, Christina E. Wells
Submissions from 2009
But 'Will it Write'? How Writing Sharpens Decision-Making, Douglas E. Abrams
How Not to Seek an Award of Attorney's Fees, Douglas E. Abrams