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 2014
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
The Emergence of New Corporate Social Responsibility Regimes in China and India, Shruti Rana and Afra Afsharipour
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
Intellectual Property and Public Health - A White Paper, Ryan Vacca
Work Made for Hire - Analyzing the Multifactor Balancing Test, Ryan Vacca
Food for Thought: Genetically Modified Seeds as de Facto Standard-Essential Patents, Ryan Vacca, Benjamin M. Cole, and Brent J. Horton
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
Scholarship Repository Launch Prezi, Cynthia W. Bassett
Freeing Morgan Freeman: Expanding Back-End Release Authority in American Prisons, Frank O. Bowman III
Sovereign Debt and the Three and a Half Minute Transaction: What Sticky Boilerplate Reveals about Contract Law and Practice, Andrea Boyack
Lost Options for Mutual Gain? The Layperson, the Lawyer, and Dispute Resolution in Early America, Carli N. Conklin
A Trademark Justification for Design Patent Rights, Dennis D. Crouch
Seed Patents, Patent Exhaustion, and Third Parties - Bowman v. Monsanto Co., Dennis D. Crouch
Stepping Aside as Dean, R. Lawrence Dessem
The True Value of a Law Degree, or, Why Did Thurgood Marshall Go to Law School?, R. Lawrence Dessem and Gregory M. Stein
Do You Know What's On Your Plate?: The Importance of Regulating the Processes of Food Production, Martha Dragich
Unwanted Exposure to Religious Expression by Government: Standing and the Establishment Clause, Carl H. Esbeck
Article 9 and the Characterization and Treatment of Tenant Security Deposits, R. Wilson Freyermuth and William H. Henning
On the Future of Tax Salience Scholarship: Operative Mechanisms and Limiting Factors, David Gamage
A Potential Game Changer in E-Commerce Taxation, David Gamage, Andrew J. Haile, and Darien Shanske
The Case for a State-Level Debt-Financing Authority, David Gamage and Darien Shanske
The Trouble with Tax Increase Limitations, David Gamage and Darien Shanske
Preferences Are Public Rights, Brook E. Gotberg
Restructuring the Bankruptcy System: A Strategic Response to Stern V. Marshall, Brook E. Gotberg
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
Leadership and Followership, Robert H. Jerry II
Leadership and Followership, Robert H. Jerry II
Lessons from Mediators' Stories, John M. Lande
Lessons from Teaching Students to Negotiate Like a Lawyer, John M. Lande
Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice, John M. Lande
Family Lawyering: Past, Present, and Future, John M. Lande and Forrest S. Mosten
Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship, Paul J. Litton
Symposium Foreword: Bombshell or Baby Step? The Ramifications of Miller v. Alabama for Sentencing Law and Juvenile Crime Policy, Paul J. Litton
Blanket Retroactive Amelioration: A Remedy for Disproportionate Punishments, S. David Mitchell
Blanket Retroactive Amelioration: A Remedy for Disproportionate Punishments, S. David Mitchell
Teaching Amidst Transformation: Integrating Global Perspectives on the Financial Crisis into the Classroom, Shruti Rana
Property Rights and Modern Energy, Troy A. Rule
American Exceptionalism in Consumer Arbitration, Amy J. Schmitz
Ensuring Remedies to Cure Cramming, Amy J. Schmitz
Sex Matters: Considering Gender in Consumer Contracts, Amy J. Schmitz
Beyond McDonnell Douglas, Sandra F. Sperino
Discrimination Statutes, the Common Law, and Proximate Cause, Sandra F. Sperino
Revitalizing State Employment Discrimination Law, Sandra F. Sperino
Statutory Proximate Cause, Sandra F. Sperino
Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration, S. I. Strong
Constitutional Conundrums in Arbitration: Book Review of Arbitration and the Constitution, S. I. Strong
Cross-Border Collective Redress and Individual Participatory Rights: Quo Vadis?, S. I. Strong