Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Missouri School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1261 - 1290 of 7283

Full-Text Articles in Law

Traumatic Brain Injury And A Divergence Between Moral And Criminal Responsibility, Paul J. Litton Jan 2018

Traumatic Brain Injury And A Divergence Between Moral And Criminal Responsibility, Paul J. Litton

Faculty Publications

Traumatic brain injury (TBI), particularly in severe cases, can have such extraordinary effects on one's psychological capacities that it may be relevant to many kinds of legal claims in criminal proceedings. The focus of this essay is on claims related to an agent's status as a responsible agent. In other words, this essay will discuss the relationship between traumatic brain injury and claims that an individual does not have the capacities required to be fairly held accountable for wrongful actions. The law may hold most adults fully responsible for their crimes, but it may not hold responsible young children and …

Go to article

The 2015 University Of Missouri Protests And Their Lessons For Higher Education Policy And Administration, Ben L. Trachtenberg Jan 2018

The 2015 University Of Missouri Protests And Their Lessons For Higher Education Policy And Administration, Ben L. Trachtenberg

Faculty Publications

In the tradition of legal narrative and storytelling, this Article explores how the University of Missouri managed to fare so badly after students began protesting during the fall of 2015. It draws upon both public sources and the author's own observations as a faculty leader. The Article reviews the details and context of the Missouri protests and then presents a case study of crisis management and conflict resolution gone awry. Applying observations about higher education policy and administration to the phenomenon of student protests - particularly those related to race - the Article identifies potential pitfalls for university administrators and …

Go to article

Ethics In International Arbitration, Peter Halprin, Stephen Wah Jan 2018

Ethics In International Arbitration, Peter Halprin, Stephen Wah

Journal of Dispute Resolution

The growth of international arbitration has expanded both the pool of arbitrators as well as the counsel involved in international arbitration. This growth has resulted in arbitrators, counsel, and parties of various cultural and legal traditions participating in disputes. Because different cultural and legal traditions may come into conflict, there is increasing focus and discussion regarding what guidelines or rules, if any, should govern international arbitrations. The discussion regarding whether any guidelines or rules should govern arbitration asks whether a forum for dispute resolution built on the concepts of neutrality, party autonomy, and procedural flexibility should be governed by strict …

Go to article

Vatican Mediation And The Venezuelan Crisis, Emma Altheide Jan 2018

Vatican Mediation And The Venezuelan Crisis, Emma Altheide

Journal of Dispute Resolution

Part II will discuss the dispute between Argentina and Chile in the 1970s concerning property rights in the Beagle Channel, as well as the restoration of diplomatic relations between the United States and Cuba in 2015. Part III will outline the events leading to the crisis in Venezuela, where President Nicolás Maduro has brought the government to the brink of authoritarian rule. This section will assess the Vatican’s offer to mediate in Venezuela in light of the country’s current climate and previous instances of Vatican mediation. Part IV will examine the Vatican as a mediator, analyzing the attributes that may …

Go to article

Why We Can’T “Just All Get Along”: Dysfunction In The Polity And Conflict Resolution And What We Might Do About It, Carrie Menkel-Meadow Jan 2018

Why We Can’T “Just All Get Along”: Dysfunction In The Polity And Conflict Resolution And What We Might Do About It, Carrie Menkel-Meadow

Journal of Dispute Resolution

These are very troubled times. The polity is seriously divided; people who march for white supremacy and hate are called “nice and very good people” by an unhinged, but Constitutionally elected, President; relations between citizens of color and police are at a high level of hostility and distrust; Congress is unable to pass virtually any legislation; and policy differences over immigration, trade, taxation, and health care are so great that even a ruling party cannot get anything done. Perhaps the greatest challenge for our democracy now is learning how to deal with great value differences in the polity, enough so …

Go to article

Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens Jan 2018

Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens

Journal of Dispute Resolution

Are international treaties consenting to the resolution of disputes between foreign investors and the host states to their investment still a good idea? Recent and not so recent criticism of such treaty provisions calls into question whether investor-state tribunals can act as neutral arbiters of such disputes. This criticism argues that tribunals are biased in favor of the business interests of investors—and therefore disfavor the state’s right to regulate. Responses to this criticism frequently have alleged the opposite: The arbitral tribunals constituted under international treaties are, if anything, too friendly towards the interests of states. They fail to protect the …

Go to article

Overcoming Roadblocks To Reaching Settlement In Family Law Cases, John M. Lande Jan 2018

Overcoming Roadblocks To Reaching Settlement In Family Law Cases, John M. Lande

Faculty Publications

In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes roadblocks to negotiation and ways to overcome them to reach good settlements in family law cases.

Go to article

A Solution In Search Of A Problem At The Biologics Frontier, Erika Lietzan Jan 2018

A Solution In Search Of A Problem At The Biologics Frontier, Erika Lietzan

Faculty Publications

This short paper comments on Professor Carrier's new article, Biologics: The New Antitrust Frontier. His article makes a profound initial contribution to a new area of scholarship, based on a large body of prior work considering antitrust issues relating to small molecule drugs. But Professor Carrier’s article, like my own forthcoming piece on innovation and competition in the biologics marketplace, is inherently speculative. We are making our best judgments about the nature of a still emerging marketplace and likely conduct in that marketplace, based on our understandings of a new regulatory framework that is itself still emerging, the broader legal …

Go to article

Truth In A Post-Truth Society: How Sticky Defaults, Status Quo Bias, And The Sovereign Prerogative Influence The Perceived Legitimacy Of International Arbitration, S. I. Strong Jan 2018

Truth In A Post-Truth Society: How Sticky Defaults, Status Quo Bias, And The Sovereign Prerogative Influence The Perceived Legitimacy Of International Arbitration, S. I. Strong

Faculty Publications

Through empirical and theoretical studies conducted by political scientists, philosophers, psychologists, and economists, this Article demonstrates how three phenomena - sticky defaults, status quo bias, and the sovereign prerogative-work in parallel to create enduring, but demonstrably incorrect, perceptions about the legitimacy of international arbitration. Interdisciplinary research also provides a potential solution in the form of a heuristic known as the Reversal Test, which acts as an objective diagnostic tool to identify the influence of unconscious cognitive distortions such as the status quo bias. Through this analysis, this Article not only addresses one of the core paradoxes in international dispute resolution, …

Go to article

The History And Political Economy Of The Hatch-Waxman Amendments, Erika Lietzan Jan 2018

The History And Political Economy Of The Hatch-Waxman Amendments, Erika Lietzan

Faculty Publications

Reform of the Hatch–Waxman generic drug framework is in the air. Scholars, consumer advocacy groups, regulated industry, and policymakers are engaged in heated debate about perceived shortcomings in the scheme, flaws, and unexpected loopholes. Changes in how the U.S. Food and Drug Administration (FDA) implements the law, as well as changes to the law itself, are under serious consideration. These policymaking discussions take place against a backdrop of shared assumptions about the origins and nature of the original Hatch–Waxman legislation — assumptions that this Article claims are wrong. Convention wisdom holds that the Hatch–Waxman legislation was a delicate compromise privately …

Go to article

Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben Jan 2018

Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben

Faculty Publications

Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule's text, doctrinal history, and modem context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex categorical presumption of inadmissibility with limited exceptions to a simpler rule that gives courts considerable deference to admit such evidence when they deem …

Go to article

Introduction To "Dispute Resolution And Political Polarization", Rafael Gely Jan 2018

Introduction To "Dispute Resolution And Political Polarization", Rafael Gely

Faculty Publications

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today's public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution scholars …

Go to article

General Principles Of Procedural Law And Procedural Jus Cogens, S. I. Strong Jan 2018

General Principles Of Procedural Law And Procedural Jus Cogens, S. I. Strong

Faculty Publications

General principles of law have long been central to the practice and scholarship of both public and private international law. However, the vast majority of commentary focuses on substantive rather than procedural concerns. This Article reverses that trend through a unique and innovative analysis that provides judges, practitioners, and academics from around the world with a new perspective on international procedural law. The Article begins by considering how general principles of procedural law (international due process) are developed under both contemporary and classic models and evaluates the propriety of relying on materials generated from international arbitration when seeking to identify …

Go to article

The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi Jan 2018

The Drug Repurposing Ecosystem: Intellectual Property Incentives, Market Exclusivity, And The Future Of "New" Medicines, Sam F. Halabi

Faculty Publications

The pharmaceutical industry is in a state of fundamental transition. New drug approvals have slowed, patents on blockbuster drugs are expiring, and costs associated with developing new drugs are escalating and yielding fewer viable drug candidates. As a result, pharmaceutical firms have turned to a number of alternative strategies for growth. One of these strategies is "drug repurposing"-finding new ways to deploy approved drugs or abandoned clinical candidates in new disease areas. Despite the efficiency advantages of repurposing drugs, there is broad agreement that there is insufficient repurposing activity because of numerous intellectual property protection and market failures. This Article …

Go to article

Yes, There Is Such A Thing As Too Much Transparency, Sam F. Halabi Jan 2018

Yes, There Is Such A Thing As Too Much Transparency, Sam F. Halabi

Faculty Publications

In a world where secret meetings and resulting agreements seem particularly suspect, it might be tempting to think that the growing norm of transparency might keep the world a more harmonious place. Woodrow Wilson famously extolled the virtues of "open covenants of peace, openly arrived at...." Ashley Deeks, in her recent article, A (Qualified) Defense of Secret Agreements, asks us to think again of this norm and dictum. Her article is one I like a lot, and I hope others active in the study and shaping of international law and international relations do as well.

Go to article

Optimal Deterrence And The Preference Gap, Brook E. Gotberg Jan 2018

Optimal Deterrence And The Preference Gap, Brook E. Gotberg

Faculty Publications

This Article is the first of its kind to argue that preference law is ineffective as a deterrent of collection behavior based on empirical evidence, drawn from interviews of actors within the field-debtors, creditors, and the attorneys who represented them in bankruptcy proceedings. This Article reports on interviews of sampled individuals who participated in successful 7 Chapter 11 reorganization cases involving preference actions. The overwhelming and indisputable conclusion from these interviews is that creditors may adjust their behavior in response to preference law, but not in ways that further the purported goal of preference deterrence. Accordingly, if preference law is …

Go to article

The Drug Innovation Paradox, Erika Lietzan Jan 2018

The Drug Innovation Paradox, Erika Lietzan

Missouri Law Review

No abstract provided.

Go to article

Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow Jan 2018

Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow

Missouri Law Review

No abstract provided.

Go to article

More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman Jan 2018

More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman

Missouri Law Review

No abstract provided.

Go to article

Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer Jan 2018

Not Objecting To Prosecutor’S Offering Of Fifth Amendment Protections From A Civil Deposition Is Ineffective Assistance Of Counsel, Anthony J. Meyer

Missouri Law Review

No abstract provided.

Go to article

Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan Jan 2018

Underinsured Motorist Coverage Offsets: Plainly Stated Or Inherently Ambiguous?, Kevin Buchanan

Missouri Law Review

No abstract provided.

Go to article

Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane Jan 2018

Posner Tackles The Pro Se Prisoner Problem: A Book Review Of Reforming The Federal Judiciary, Katherine A. Macfarlane

Missouri Law Review

No abstract provided.

Go to article

Table Of Contents Jan 2018

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Go to article

Introduction To “Dispute Resolution And Political Polarization", Rafael Gely Jan 2018

Introduction To “Dispute Resolution And Political Polarization", Rafael Gely

Journal of Dispute Resolution

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today’s public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution scholars …

Go to article

Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul Jan 2018

Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul

Journal of Dispute Resolution

We argue that dispute resolution processes should not be seen as a substitute for the political process, but rather a complement that can help strengthen it. Based on this view, and on the authors’ experience with dialogue work in the former Yugoslavia, as well as in urban and rural settings in the United States, we argue that transformative processes, specifically an approach we call Transformative Dialogue, are best suited to addressing the challenges of political polarization both in the United States and internationally. This is because the primary goal of transformative processes is not to reach agreement or find common …

Go to article

One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers Jan 2018

One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers

Journal of Dispute Resolution

Historian David McCullough tells those discouraged about the nation’s current problems that Americans have an “inexhaustible source of strength”: “our story, our history, who we are, how we got to where we are, … all we have been through, what we have achieved” and our “national ambitions.” McCullough calls this the “American spirit” and urges Americans to articulate a current version. Some might express pessimism about this project – after all, one poll indicates that most Americans think we are losing an American spirit. Other commentators agree with McCullough, though, that Americans should endeavor to identify an American spirit that …

Go to article

Title Page Jan 2018

Title Page

Journal of Dispute Resolution

No abstract provided.

Go to article

Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone Jan 2018

Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone

Journal of Dispute Resolution

Political polarization in the United States and internationally has increased enormously in the past decade, resulting in legislative impasse in some countries, political instability and partisan re-alignment in others, and decreased levels of communication, trust, and cooperation across partisan lines in schools, communities, and across the nation. As partisan polarization has increased, I have observed several perceptible changes in the way law school students engage each other around political differences and conflict in the classroom. From conversations with my colleagues, I am not alone in observing these trends.

Go to article

Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic Jan 2018

Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic

Journal of Dispute Resolution

The legitimacy crisis of investment treaty arbitration is much discussed, often challenging the neutrality of that system as a whole. Besides concentrating on the direction in which cases are being decided, or in which the law is being interpreted, the neutrality of investment treaty arbitration as a system can also be discussed from the perspective of its foundations. This article looks at the arbitral use of the two basic ideals of investment treaty arbitration, namely the legalistic and teleological notions, in the formation of decisive arguments, in the particular context of jurisdictional decisions. It examines to what extent the two …

Go to article

State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg Jan 2018

State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg

Journal of Dispute Resolution

No abstract provided.

Go to article

First Prev Next Last