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
Public Forum 2.1: Public Higher Education Institutions and Social Media, Robert H. Jerry II and Lyrissa Barnett Lidsky
How the Supreme Court Doomed the ACA to Failure, Thom Lambert
Teaching Students to Negotiate Like a Lawyer, John M. Lande
The Revolution in Family Law Dispute Resolution, John M. Lande
Principles for Designing Negotiation Instruction, John M. Lande, Ximena Bustamante, Jay Folberg, and Joel Lee
Not a Free Press Court?, Lyrissa Lidsky
Public Civil Discourse: A New Domain for Dispute Resolution, Richard C. Reuben
Bringing Mindfulness into the Law School Classroom: A Personal Journey, Richard C. Reuben
FAA Law, Without the Activism: What if the Bellwether Cases Were Decided by a Truly Conservative Court, Richard C. Reuben
Teacher, Mentor, Friend, Leader, Richard C. Reuben and Margaret L. Shaw
Airspace and the Takings Clause, Troy A. Rule
Airspace and the Takings Clause, Troy A. Rule
Access to Consumer Remedies in the Squeaky Wheel System, Amy J. Schmitz
Building Bridges to Consumer Remedies in International eConflicts, Amy J. Schmitz
Direct Employer Liability for Punitive Damages, Sandra F. Sperino
Arbitration of Trust Disputes: Two Bodies of Law Collide, S. I. Strong
Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, S. I. Strong
Does Class Arbitration "Change the Nature" of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles, S. I. Strong
Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust, S. I. Strong
Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices, S. I. Strong
Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS, S. I. Strong
Regulatory Litigation in the European Union: Does the U.S. Class Action Have a New Analogue?, S. I. Strong
Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared, S. I. Strong
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