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.

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Submissions from 2011

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A Winning Equation: Sportsmanship + Respect = A Safer Game, Douglas E. Abrams

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Effective Written Advocacy Before Generalist Judges: Advice from Recent Decisions, Douglas E. Abrams

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Effective Written Advocacy Before Generalist Judges: Advice from Recent Decisions, Douglas E. Abrams

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Justice Jackson and the Second Flag-Salute Case: Reason and Passion in Opinion Writing, Douglas E. Abrams

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Justice Jackson and the Second Flag-Salute Case: Reason and Passion in Opinion-Writing, Douglas E. Abrams

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Lochner v. New York (1905) and Kennedy v. Louisiana (2008): Judicial Reliance on Adversary Argument, Douglas E. Abrams

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Reason and Passion: Justice Jackson and the Second Flag Salute Case (Part II), Douglas E. Abrams

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Recognizing the Public Schools' Authority to Discipline Students' Off-Campus Cyberbullying of Classmates, Douglas E. Abrams

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What Great Writers Can Teach Lawyers and Judges: Precise, Concise, Simple and Clear, Douglas E. Abrams

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What Great Writers Can Teach Lawyers and Judges: Wisdom from Plato to Mark Twain to Stephen King (Part 2), Douglas E. Abrams

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Community Collateral Damage: A Question of Priorities, Andrea Boyack

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Laudable Goals and Unintended Consequences: The Role and Control of Fannie Mae and Freddie Mac, Andrea Boyack

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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

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Back to the Drawing Board: Reexamining Accepted Criteria for Regional Structure of the Courts of Appeals, Martha Dragich

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Uses and Abuses of Textualism and Originalism in Establishment Clause Interpretation, Carl H. Esbeck

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Religious Freedom, Church-State Separation, & the Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, and Richard W. Garnett

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Does a Federal Tax Lien Take Priority over a Mortgagee's Lien on Rents: Bloomfield State Bank v. United States, R. Wilson Freyermuth

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On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage and Darien Shanske

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Three Essays on Tax Salience: Market Salience and Political Salience, David Gamage and Darien Shanske

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Card-Check Laws and Public-Sector Union Membership in the States, Rafael Gely and Timothy D. Chandler

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Organizing Principles: The Significance of Card-Checks Laws, Rafael Gely and Timothy D. Chandler

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Efficient Contracting between Foreign Investors and Host States: Evidence from Stabilization Clauses, Sam F. Halabi

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The Patient Protection and Affordable Care Act of 2010: Rulemaking the Shadow of Incentive-Based Regulation, Sam F. Halabi

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Appropriate Liability Rules for Tying and Bundled Discounting, Thom Lambert

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The Roberts Court and the Limits of Antitrust, Thom Lambert

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An Empirical Analysis of Collaborative Practice, John M. Lande

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Getting Good Results for Clients by Building Good Working Relationships with 'Opposing Counsel', John M. Lande

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Helping Lawyers Help Clients, John M. Lande

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Government Sponsored Social Media and Public Forum Doctrine under the First Amendment: Perils and Pitfalls, Lyrissa Lidsky

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Incendiary Speech and Social Media, Lyrissa Lidsky

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Public Forum 2.0, Lyrissa Lidsky

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Impeding Reentry: Agency and Judicial Obstacles to Longer Halfway House Placements, S. David Mitchell

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Airspace in a Green Economy, Troy A. Rule

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Consumer Casualties, Amy J. Schmitz

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Arbitration Ambush in a Policy Polemic, Amy J. Schmitz

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Rethinking Discrimination Law, Sandra F. Sperino

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International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective, S. I. Strong

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Jurisdictional Discovery in Transnational Litigation: Extraterritorial Effects of United States Federal Practice, S. I. Strong

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Health Inflation, Wealth Inflation, and the Discounting of Human Life, Ben L. Trachtenberg

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A Discourse on the ABA's Criminal Justice Standards: Prosecution and Defense Functions: The Physical Evidence Dilemma: Does ABA Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff

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Lies, Honor, and the Government’s Good Name: Seditious Libel and the Stolen Valor Act, Christina E. Wells

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Preemption & the Regulatory Paradigm in the Roberts Court, Christina E. Wells, William E. Marcantel, and Dave Winters

Submissions from 2010

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Judges and Their Editors, Douglas E. Abrams

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Sports in the Courts: How Sports References Strengthen Written Advocacy and Judicial Opinions (Part I), Douglas E. Abrams

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Sports in the Courts: How Sports References Strengthen Written Advocacy and Judicial Opinions (Part II), Douglas E. Abrams

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Sports in the Courts: the Role of Sports References in Judicial Opinions, Douglas E. Abrams

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What Great Writers Can Teach Lawyers and Judges: Wisdom from Plato to Mark Twain to Stephen King (Part 1), Douglas E. Abrams

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A Primer on Child Abuse and Neglect Law, Douglas E. Abrams and Sarah H. Ramsey

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Debacle: How the Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, Frank O. Bowman III

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Prolegomenon on the Status of the Hopey, Changey Thing in American Criminal Justice, Frank O. Bowman III

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Lessons in Price Stability from the U.S. Real Estate Market Collapse, Andrea Boyack

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A Reappraisal of Attorneys' Fees in Bankruptcy, Michelle A. Cecil

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An Empirical Study of the Role of the Written Description Requirement in Patent Prosecution, Dennis D. Crouch

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Book Review: Reviewing Part III of Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law, Dennis D. Crouch

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Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making, Dennis D. Crouch and Robert P. Merges

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Uniformity, Inferiority, and the Law of the Circuit Doctrine, Martha Dragich

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Disclose - Disclose - Disclose - Longmeyer Distorts the Trustee's Duty to Inform Trust Beneficiaries, David M. English, Berry T. Turney, and Dana G. Fitzsimons Jr.

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Panel Discussion at "Signs of the Times: The First Amendment and Religious Symbolism", Carl H. Esbeck

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Taxpayer Standing From Flast to Hein, Carl H. Esbeck

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Plurality of Political Opinion and the Concentration of Media in the United States, William B. Fisch

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Foreclosure by Arbitration?, R. Wilson Freyermuth

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Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth

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Putting the Brakes on Private Transfer Fee Covenants, R. Wilson Freyermuth

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Preventing State Budget Crises: Managing the Fiscal Volatility Problem, David Gamage

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Managing Fiscal Volatility by Redefining "Tax Cuts" and "Tax Hikes", David Gamage and Jeremy Bearer-Friend

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Minimizing the Harm of State Fiscal Volatility, David Gamage and Jeremy Bearer-Friend

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Understanding Card-Check Organizing: The Public Sector Experience, Rafael Gely and Timothy D. Chandler

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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

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The Supreme Court and the Sophisticated Use of DIGS, Rafael Gely and Michael E. Solimine

The World Health Organization's Framework Convention on Tobacco Control: an Analysis of Guidelines Adopted by the Converence of the Parties, Sam F. Halabi

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A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, Thom Lambert

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Before You Take a Collaborative Law Case, John M. Lande

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Helping Good Lawyers Help Clients Make Good Decisions about Dispute Resolution, John M. Lande

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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

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The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, John M. Lande and Jean R. Sternlight

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Unofficial Legislative History of the Biologics Price Competition and Innovation Act 2009, An, Erika Lietzan, Krista Hessler Carver, and Jeffrey Elikan

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Thoughts on Preemption in the Wake of the Levine Decision, Erika Lietzan and Sarah E. Pitlyk

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The Future of Music: Reconfiguring Public Performance Rights, Gary Myers and George Howard

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Discriminatory Housing Advertisements On-Line: Lessons from Craigslist, Rigel C. Oliveri

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ADR and the Rule of Law: Making the Connection, Richard C. Reuben

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Renewable Energy and the Neighbors, Troy A. Rule

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Shadows on the Cathedral: Solar Access Laws in a Different Light, Troy A. Rule

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‘Drive-Thru’ Arbitration in the Digital Age: Empowering Consumers Through Regulated ODR, Amy J. Schmitz

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Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms, Amy J. Schmitz

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Pizza-Box Contracts: True Tales of Consumer Contracting Culture, Amy J. Schmitz

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A Modern Theory of Direct Corporate Liability for Title VII, Sandra F. Sperino

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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

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Jurisdictional Discovery in United States Federal Courts, S. I. Strong

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Coconspirators, “Coventurers,” and the Exception Swallowing the Hearsay Rule, Ben L. Trachtenberg

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Forward: Symposium on Broke and Broken: Can We Fix Our State Indigent Defense System?, Rodney J. Uphoff

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Regulating Offensiveness: Snyder v. Phelps, Emotion, and the First Amendment, Christina E. Wells

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State Secrets & Executive Accountability, Christina E. Wells