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 2013
Cross-Border Collective Redress in the European Union: Constitutional Rights in the Face of the Brussels I Regulation, S. I. Strong
Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, S. I. Strong
Mass Procedures as a Form of "Regulatory Arbitration" - Abaclat v. Argentine Republic and the International Investment Regime, S. I. Strong
Law School Marketing and Legal Ethics, Ben L. Trachtenberg
Regulators, Mount Up, Ben L. Trachtenberg
Submissions from 2012
Acronyms, Douglas E. Abrams
Bullying Victimization as a Disability in Public Elementary and Secondary Education, Douglas E. Abrams
How Not to File a Complaint, Douglas E. Abrams
How Written Advocacy Shapes Doctrine (Part I): Did Bad Briefing Decide Lochner v. New York?, Douglas E. Abrams
Plagiarism in Lawyers' Advocacy: Imposing Discipline for Conduct Prejudicial to the Administration of Justice, Douglas E. Abrams
Player Safety in Youth Sports: Sportsmanship and Respect as an Injury Prevention Strategy, Douglas E. Abrams
The Twelve-Year-Old Girl's Lawsuit That Changed America: The Continuing Impact of Now v. Little League Baseball, Inc. at 40, Douglas E. Abrams
Side Letters, Incorporation by Reference and Construction of Contractual Relationships Memorialized in Multiple Writings, Royce de R. Barondes
The Canon at the Water's Edge, Thomas B. Bennett
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman III
Getting Away with Murder (Most of the Time): Civil War Era Homicide Cases in Boone County, Missouri, Frank O. Bowman III
Nothing is Not Enough: Fix the Absurd Post-Booker Federal Sentencing System, Frank O. Bowman III
Forward: Jim Devine's "Show Me Spirit", R. Lawrence Dessem
Financial Decision-Making for Adults Lacking the Capacity to Make Their Own Decisions, David M. English
A Religious Organization’s Autonomy in Matters of Self-Governance: Hosanna-Tabor and the First Amendment, Carl H. Esbeck
Defining Religion Down: Hasanna-Tabor, Martinez, and the U.S. Supreme Court, Carl H. Esbeck
Comments on Daniel Shaviro's Tax Reform Implications of the Risk of a U.S. Budget Catastrophe, David Gamage
A Better Way Forward for State Taxation of E-Commerce, David Gamage and Devin J. Heckman
Vendor Compensation as an Approach for State "Amazon" Laws: Part 1, David Gamage and Devin J. Heckman
Vendor Compensation as an Approach for State "Amazon" Laws: Part 2, David Gamage and Devin J. Heckman
On Tax Increase Limitations: Part II -- Evasion and Transcendence, David Gamage and Darien Shanske
The Saga of State "Amazon" Laws: Reflections on the Colorado Decision, David Gamage and Darien Shanske
Before Wisconsin and Ohio: The Quiet Success of Card-Check Organizing in the Public Sector, Rafael Gely and Timothy D. Chandler
International Trademark Protection and Global Public Health: A Just-Compensation Regime for Expropriations and Regulatory Takings, Sam F. Halabi
The Supremacy Clause as Structural Safeguard of Federalism: State Judges and International Law in the Post-Erie Era, Sam F. Halabi
Traditions and Belligerent Recognition: The Libyan Intervention in Historical and Theoretical Context, Sam F. Halabi
Title VII Works - That's Why We Don't Like It, Chuck Henson
Bad Faith at Middle Age: Comments on “The Principle without a Name (Yet),” Insurance Law, Contract Law, Specialness, Distinctiveness, and Difference, Robert H. Jerry II
Bad Faith at Middle Age: Comments on the Principle without a Name (Yet), Insurance Law, Contract Law, Specialness, Distinctiveness, and Difference, Robert H. Jerry II
Public Forum 2.1: Public Higher Education Institutions and Social Media, Robert H. Jerry II and Lyrissa Lidsky
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
Chevron Without the Courts? The Supreme Court's Recent Chevron Jurisprudence Through an Immigration Lens, Shruti Rana
The Emergence of the New Chinese Banking System: Implications for Global Politics and the Future of Financial Reform, Shruti Rana
Touched by Greatness, Shruti Rana
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
Patent Reform and Best Mode: A Signal to the Patent Office or a Step toward Elimination, Ryan Vacca
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