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 2006
The Model Federal Sentencing Guidelines Project: Sentencing Factors Applicable to All Offense Types, Model Sentencing Guidelines §3.1 - 3.6, Frank O. Bowman III
The Year of Jubilee or Maybe Not: Some Preliminary Observations About the Operation of the Federal Sentencing System After Booker, Frank O. Bowman III
'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, Frank O. Bowman III
Bankruptcy Reform: What's Tax Got To Do With It?, Michelle A. Cecil
Forward: Symposium on Interdisciplinary Perspectives on Bankruptcy Reform, Michelle A. Cecil
Transformed, Not Transcended: The Role of Extrajudicial Dispute Resolution in Antebellum Kentucky and New Jersey, Carli N. Conklin
A Uniform Probate Code for Indian Country at Last, David M. English
Governance and the Religion Question: Voluntaryism, Disestablishment, and America's Church-State Proposition, Carl H. Esbeck
Play in the Joints Between the Religion Clauses' and Other Supreme Court Catachreses, Carl H. Esbeck
Insufficient Causes, David A. Fischer
Constitutional Referendum in the United States of America, William B. Fisch
Crystals, Mud, BAPCPA, and the Structure of Bankruptcy Decisionmaking, R. Wilson Freyermuth
Modernizing Security in Rents: The New Uniform Assignment of Rents Act, R. Wilson Freyermuth
Commodification and Contract Formation: Placing the Consideration Doctrine on Stronger Foundations, David Gamage
Segmented Rankings for Segmented Markets, Rafael Gely
Workplace Blogs and Workers' Privacy, Rafael Gely and Leonard Bierman
Dead Poets and Academic Progenitors: The Next Generation of Law School Rankings with Paul Caron, Rafael Gely and Paul L. Caron
Regulating the Business of Insurance: Federalism in an Age of Difficult Risk, Robert H. Jerry II and Steven E. Roberts
Regulating the Business of Insurance: Federalism in an Age of Difficult Risk, Robert H. Jerry II and Steven E. Roberts
Overvalued Equity and the Case for an Asymmetric Insider Trading Regime, Thom Lambert
The Case Against Smoking Bans, Thom Lambert
The 'Failure to Mitigate' Defense in Antitrust, Thom Lambert
Tweaking Antitrust's Business Model , Thom Lambert
Weyerhaeuser and the Search for Antitrust's Holy Grail, Thom Lambert
Introduction to Vanishing Trial Symposium, John M. Lande
Intellectual Property Resources in and for Space: The Practitioner's Experience, Gary Myers
The Ambiguous Meaning of Human Conception, Philip G. Peters Jr.
The Democratic Legitimacy of Government-Related Dispute Resolution, Richard C. Reuben
Confidentiality in Arbitration: Beyond the Myth, Richard C. Reuben
Untangling the Privacy Paradox in Arbitration, Amy J. Schmitz
Flying without a Statutory Basis: Why McDonnell Douglas is Not Justified by any Statutory Construction Methodology, Sandra F. Sperino
Sky Remains Intact: Why Allowing Subgroup Evidence is Consistent with the Age Discrimination in Employment Act, Sandra F. Sperino
Enforcement of Arbitral Awards Against Foreign States or State Agencies, S. I. Strong
Convicting the Innocent: Aberration or Systemic Problem?, Rodney J. Uphoff
CIA v. Sims: Mosaic Theory and Government Attitude, Christina E. Wells
Katrina and the Rhetoric of Federalism, Christina E. Wells
Eminent Domain Reform in Missouri: A Legislative Memoir, Dale A. Whitman
Adopting Restatement Mortgage Subrogation Principles: Saving Billions of Dollars for Refinancing Homeowners, Dale A. Whitman and Grant S. Nelson
Submissions from 2005
Reforming Juvenile Delinquency Treatment to Enhance Rehabilitation, Personal Accountability and Public Safety, Douglas E. Abrams
An Alternative Paradigm for Valuing Breach of Registration Rights and Loss of Liquidity, Royce de R. Barondes
Correcting the Empirical Foundations of IPO-Pricing Regulation, Royce de R. Barondes
NASD Regulation of IPO Conflicts of Interest - Does Gatekeeping Work?, Royce de R. Barondes
Should Antitrust Education be Mandatory (for Law School Administrators)?, Royce de R. Barondes and Thomas A. Lambert
Examining Compliance with Fiduciary Duties: A Study of Real Estate Agents (with V. Carlos Slawson Jr.), Royce de R. Barondes and Carlos V. Slawson Jr.
Beyond BandAids: A Proposal for Reconfiguring Federal Sentencing After Booker, Frank O. Bowman III
Mr. Madison Meets a Time Machine: The Political Science of Federal Sentencing Reform, Frank O. Bowman III
Murder, Meth, Mammon & Moral Values: The Political Landscape of American Sentencing Reform (in symposium on white collar crime), Frank O. Bowman III
The Failure of the Federal Sentencing System: A Structural Analysis, Frank O. Bowman III
The ABA/AALS Sabbatical Site Inspection: Strangers in a Strange Land, R. Lawrence Dessem
The Fourteenth Rule, R. Lawrence Dessem
Advancing Public Interest Practitioner Research Skills in Legal Education, Randy J. Diamond
Revelations from the Blackmun Papers on the Development of Death Penalty Law , Martha Dragich
Foreword--Reflections on Judging: A Discussion Following the Release of the Blackmun Papers , Martha Dragich and Christina E. Wells
The Supreme Court and the DIG: An Empirical and Institutional Analysis with Michael E. Solimine, Rafael Gely and Michael E. Solimine
Evaluating Bundled Discounts, Thom Lambert
Should Antitrust Education be Mandatory (for Law School Administrators)?, Thom Lambert and Royce de R. Barondes
The Promise and Perils of Collaborative Law, John M. Lande
The 'Abuse Excuse' in Capital Sentencing Trials: Is it Relevant to Responsibility, Punishment, or Neither?, Paul J. Litton
A Normative Justification for Distinguishing the Ethics of Clinical Research from the Ethics of Medical Care, Paul J. Litton and Franklin G. Miller
Democracy and Dispute Resolution: Systems Design and the New Workplace, Richard C. Reuben
Democracy and Dispute Resolution: The Problem of Arbitration, Richard C. Reuben
Justice Blackmun and the Spirit of Liberty, Richard C. Reuben
Mobile Home Mania? Protecting Procedurally Fair Arbitration in a Consumer Microcosm, Amy J. Schmitz
State Sentencing Policy and New Prison Admissions, Ben L. Trachtenberg
Fear and Loathing in Constitutional Decision-Making, Christina E. Wells
Some Reflections on the Symposium: Judging, the Classical Legal Paradigm and the Possible Contributions of Science, Christina E. Wells
Foreword - Reflections on Judging: A Discussion Following the Release of the Blackmun Papers , Christina E. Wells and Martha Dragich
Submissions from 2004
Lessons From Juvenile Justice History in the United States, Douglas E. Abrams
Rejecting the Marie Antoinette Paradigm of Prejudgment Interest, Royce de R. Barondes
Spotlight: Response to Violence against Women at the University of Missouri at Columbia, Mary M. Beck
Drifting Down the Dnieper With Prince Potemkin: Some Skeptical Reflections About the Place of Compliance Programs in Federal Criminal Sentencing (symposium), Frank O. Bowman III
Function Over Formalism: A Provisional Theory of the Constitutional Law of Crime and Punishment, Frank O. Bowman III
Memorandum Presenting a Proposal for Bringing the Federal Sentencing Guidelines Into Conformity With Blakely v. Washington, Frank O. Bowman III
Memorandum Presenting the Case for Rapid Congressional Action in Response to Blakely v. Washington, Frank O. Bowman III
Pour Encourager les Autres? The Curious History and Distressing Implications of the Criminal Provisions of the Sarbanes-Oxley Act and the Sentencing Guidelines Amendments That Followed, Frank O. Bowman III
Train Wreck? Or Can the Federal Sentencing System Be Saved? A Plea for Rapid Reversal of Blakely v. Washington, Frank O. Bowman III
Abandonments in Bankruptcy: Unifying Competing Tax and Bankruptcy Policies, Michelle A. Cecil
Damages as Narrative, Melody Richardson Daily
Damages: Using a Case Study to Teach Law, Dispute Resolution, and Lawyering , Melody Richardson Daily, Chris Guthrie, and Leonard L. Riskin
Tim, R. Lawrence Dessem
The Citation of Unpublished Opinions as Precedent, Martha Dragich
The New Mexico Uniform Trust Code, David M. English
Dissent and Disestablishment: The Church/State Settlement of the New American Republic, Carl H. Esbeck
Encouraging Courage: Law's Response to Fear and Risk, William B. Fisch
Taxing Political Donations: The Case for Corrective Taxes in Campaign Finance, David Gamage
Love, Sex and Politics? Sure. Salary? No Way: Workplace Social Norms and the Law, Rafael Gely and Leonard Bierman
The Law and Economics of Employee Information Exchange in the Knowledge Economy, Rafael Gely and Leonard Bierman
Affirmative Refraction: Grutter v. Bollinger Through the Lens of the Case "The Case of the Speluncean Explorers", Rafael Gely and Paul L. Caron
Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning , Rafael Gely and Paul L. Caron
What Law Schools Can Learn From Billy Beane and the Oakland Athletics , Rafael Gely and Paul L. Caron
Maternity Leave Under the FMLA: An Analysis of the Litigation Experience , Rafael Gely and Timothy D. Chandler
Book Review: Law and Colonial Cultures: Legal Regimes in World History, 1400-1900, Sam F. Halabi
A Brief Exploration of Space: Some Observations on Law School Architecture, Robert H. Jerry II
A Brief Exploration of Space: Some Observations on Law School Architecture, Robert H. Jerry II
The Insurance Aspects of Damages, Robert H. Jerry II and Douglas R. Richmond
Avoiding Regulatory Mismatch in the Workplace: An Informational Approach to Workplace Safety Regulation, Thom Lambert
Two Mistakes Behavioralists Make: A Reply to Professor Feigenson et al. and Professor Slovic, Thom Lambert