Law Commons^™

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

All Balls And No Strikes: The Roberts Court’S Anti-Worker Activism, Maria Glover

Journal of Dispute Resolution

No abstract provided.

Arbitration And Diplomacy In The South China Sea: Forging A Solution, Andrew Johnson

Journal of Dispute Resolution

No abstract provided.

Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel

Journal of Dispute Resolution

No abstract provided.

The "Evergreening" Metaphor In Intellectual Property Scholarship, Erika Lietzan

Faculty Publications

This article is a plea for changes in the scholarly dialogue about "evergreening" by drug companies. Allegations that drug companies engage in "evergreening" are pervasive in legal scholarship, economic scholarship, medical and health policy scholarship, and policy writing, and they have prompted significant policymaking proposals. This Article was motivated by concern that the metaphor has not been fully explained and that policymaking in response might therefore be premature. It canvasses and assesses the scholarly literature-more than 300 articles discussing or mentioning "evergreening." It catalogues the definitions, the examples, and the empirical studies. Scholars use the term when describing certain actions …

Can Mindfulness Help Law Students With Stress, Focus, And Well-Being: An Empirical Study Of 1ls At A Midwestern Law School, Richard C. Reuben, Kennon M. Sheldon

Faculty Publications

Recent calls for law students, lawyers, judges, and others in the legal profession to try mindfulness training to reduce stress and enhance wellbeing beg the question of whether mindfulness will "work" for those in the uniquely rigorous environment of law. There is no empirical research on mindfulness effects for lawyers - unlike the medical field, where research has found beneficial effects of mindfulness training for doctors, nurses, and other health care providers. To fill this gap in the literature, we conducted an empirical study of forty-seven first year, first semester law students at the University of Missouri School of Law …

Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule

Faculty Publications

Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and par-ties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …

The Diverging Right(S) To Bear Arms: Private Armament And The Second And Fourteenth Amendments In Historical Context, Alexander Gouzoules

Faculty Publications

This article compares the historical evolution of the social understanding of private armament with contemporary legal doctrine on the right to bear arms. The District of Columbia v. Heller decision, which held that the Second Amendment protects a personal right to self-defense, and the McDonald v. City of Chicago decision, which held the Second Amendment to be incorporated by the Fourteenth Amendment, both turned on extensive historical analysis. But by reading a broad “individual right to self-defense” into both the Second and Fourteenth Amendments, the Court assumed continuity between the social understandings at the time of these amendments’ respective ratifications. …

"Undue Hardship" And Uninsured Americans: How Access To Healthcare Should Impact Student-Loan Discharge In Bankruptcy, Alexander Gouzoules

Faculty Publications

Student-loan debt has grown to unprecedented heights. Contributing to the severe burden imposed by these debts is the Bankruptcy Code’s unique presumption that they are not dischargeable. To overcome that presumption, a debtor must establish that repayment of her loans would constitute an “undue hardship.” This essay examines the disagreement among bankruptcy courts that have interpreted the “undue hardship” standard in situations where a debtor is unable to afford health insurance—a common occurrence among the economically disadvantaged. After examining recent healthcare reforms, I argue that Congress has expressed a judgment that all Americans should obtain minimum essential healthcare. Though this …

Harassment: A Separate Claim?, Sandra F. Sperino

Faculty Publications

In 2017, media attention focused on sexual harassment as victims reported harassment and assault as part of the #MeToo movement. Although many of the accounts focused on sexualized treatment, this treatment often occurred within a broader context of unequal treatment, such as pay inequality and the disproportionately low promotion rate of women into leadership positions. For decades, legal scholars have noted the interplay between broader work constructs and harassment.

This Article argues that viewing harassment as a separate, standalone claim likely misinterprets Title VII and the Supreme Court's jurisprudence surrounding harassment. Unfortunately, this error represents the dominant view among federal …

Does Trips Stop International Ip Free-Riders, Sam F. Halabi

Faculty Publications

Innovation policy-a relatively new phrase for an old set of top-down competitiveness approaches (e.g. "industrial policy," "science policy," "research policy," and "technology policy")-is necessarily a combination of centralized investment, structure of private-sector incentives, and public policy priorities.This combination has always been unwieldy, multivariate, and politically charged. As a result, constituencies favoring one or other approaches (e.g. longer patent protection, more funding of public universities and research infrastructure, tariff or non-tariff import measures) have lacked a unifying framework through which to analyze shared problems. In Innovation Policy Pluralism, Daniel J. Hemel and Lisa Larrimore Ouellette provide that framework. With a focus …

References To Television Shows In Judicial Opinions And Written Advocacy (Part I), Douglas E. Abrams

Faculty Publications

No abstract provided.

Expungement Expansion: Missouri Makes More Misdemeanors Moot, Raymond Lee

Missouri Law Review

No abstract provided.

Wielding The Constitutional Sword: Lampley’S Expansion On Evidencing Sexual Discrimination, Jane Rose

Missouri Law Review

No abstract provided.

Masthead

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter

Journal of Dispute Resolution

No abstract provided.

The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier

Journal of Dispute Resolution

No abstract provided.

The Regressive Effect Of Legal Uncertainty, Uri Weiss

Journal of Dispute Resolution

No abstract provided.

Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka

Journal of Dispute Resolution

No abstract provided.

State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon

Journal of Dispute Resolution

No abstract provided.

Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry Ii

Journal of Dispute Resolution

No abstract provided.

Introduction To An Epic Trilogy: Implications For Class Arbitration, Regulatory Administration, And Labor Law In Epic Systems Corp. V. Lewis, Robert L. Temple

Journal of Dispute Resolution

No abstract provided.

Reducing The Impact Of Racial Discrimination In Policing, Brittain Mcclurg

Journal of Dispute Resolution

No abstract provided.

Federal Common Law Versus Agency Power: An Essay On Epic Systems Corporation V. Lewis, Daniel T. Deacon

Journal of Dispute Resolution

No abstract provided.

Faculty List

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

Plea Bargaining: From Patent Unfairness To Transparent Justice, Mirko Bagaric, Julie Clarke, William Rininger

Missouri Law Review

No abstract provided.