The MU School of Law offers a collegial environment, reinforced by a small student body and a low faculty-student ratio. The intimacy of this setting, coupled with reasonable cost, consistently high bar passage rates, a network of alumni around the globe and access to top scholars in the legal world, make MU Law one of the best values in the nation.
November 27, 2013
Prof. Ben Trachtenberg was recently called upon as an expert in criminal procedure by outlets covering the Ryan Ferguson and Charles Erickson murder cases, which have received attention from the national media.
Columbia resident Ryan Ferguson was recently released from prison after the Missouri Court of Appeals overturned his conviction, finding that the prosecutor’s office withheld evidence in his trial. Prof. Trachtenberg spoke of the potential legal actions Ferguson could either face or take, including suing those who prosecuted him.
The man who incriminated Ferguson, Charles Erickson, is currently imprisoned for the crime. Speaking with the Columbia Daily Tribune, Prof. Trachtenberg discussed the likelihood of Erickson being released after pleading guilty to second-degree murder and first-degree robbery.
November 25, 2013
The Missouri Law Review has published Prof. Doug Abrams’ article, “Bullying Victimization as a Disability in Public Elementary and Secondary Education.” The article is part of the Review’s 2012 symposium, “Cyberbullying: Emerging Realities and Legal Challenges,” which he co-directed with Prof. Chris Wells.
The article explains that public schools may feel greater impulse to protect victims if school authorities recognize how face-to-face bullying and cyberbullying impose the sort of educational deprivation that federal disability law has mandated schools to accommodate since 1975.
Prof. Abrams continued to link cyberbullying victimization and educational disabilities in a symposium held this year at the Temple Law School. The Temple Political & Civil Rights Law Review will publish his article next month.
November 21, 2013
Prof. S.I. Strong and Prof. Paul Ladehoff recently attended the “New Directions in Global Negotiation & Dispute Resolution Scholarship Roundtable” at the Whitney R. Harris World Law Institute at Washington University Law School in St. Louis with LLM students Phil Bene, Siru “Lucy” Chen, Junzhe “David” Chi, Anna Lanshakova and Ignacio Lleo.
Participants in the day-long workshop reviewed and commented on papers written by scholars specializing in international dispute resolution. Prof. Strong's essay, “Beyond International Commercial Arbitration? The Promise of International Commercial Mediation,” was one of the featured submissions and will be published in spring 2014 in volume 42 of the Washington University Journal of Law and Policy.
November 20, 2013
Prof. Richard Reuben and Prof. John Lande recently presented papers at a works-in-progress conference sponsored by the Association of American Law School’s Section on Dispute Resolution at the Benjamin N. Cardozo School of Law at Yeshiva University.
Prof. Reuben’s presentation was titled “Mindfulness and Conflict” and Prof. Lande’s paper was titled “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation.”
November 20, 2013
Prof. Rod Uphoff was recently interviewed about the next legal steps Ryan Ferguson, who was recently released from jail, may take against the parties who were involved in his wrongful conviction. Missouri’s wrongful conviction compensation statute provides money to some individuals who have been wrongfully convicted. However, Ferguson is ineligible to receive such compensation under that statute because it only applies in cases where the defendant was exonerated as a result of DNA evidence.
Prof. Uphoff, who is an expert in wrongful convictions, stated that if Ferguson wants to seek any compensation for his wrongful conviction he would have to bring a lawsuit against the prosecutor, Mr. Crane, his investigator, and /or the police if they were somehow involved in the failure to disclose or turn over exculpatory evidence. He also stated Ferguson may consider including the City of Columbia or Boone County. He will face considerable difficulty in collecting. If he is successful, however, Uphoff said” it's unfortunately the taxpayers who end up paying for the misconduct of the police, prosecutors, or someone else in the system."
November 19, 2013
Prof. S.I. Strong recently published several new works in Europe and the United States.
The first, “Collective Consumer Arbitration in Spain: A Civil Law Response to U.S.-Style Class Arbitration,” 30 Journal of International Arbitration 495 (2013), addresses a statutory form of large-scale arbitration that arises in the post-dispute context. This mechanism could provide an answer to the various problems that are anticipated to develop in the United States following the recent Supreme Court decisions in Oxford Health Plans LLC v. Sutter and American Express Co. v. Italian Colors Restaurants.
Prof. Strong also had two book reviews published. The first, “Constitutional Conundrums in Arbitration,” appeared in 15 Cardozo Journal of Conflict Resolution 41 (2013) and discussed Prof. Peter Rutledge's new work, Arbitration and the Constitution (Cambridge University Press 2013). The second, “Arbitration of International Business Disputes: Studies in Law and Practice,” appeared in 29 Arbitration International671 (2013) and discussed Prof. William Park's book of the same title, which was published by Oxford University Press earlier this year.
November 18, 2013
Educating Tomorrow’s Lawyers (ETL), a project of the Institute for the Advancement of the American Legal System at the University of Denver, named Prof. John Lande as a fellow. ETL honors “individuals who have distinguished themselves as leaders in legal education; who have incorporated into their own teaching the Carnegie apprenticeships and a commitment to producing more practice-ready and professional graduates; and who demonstrate a willingness to share their expertise and experiences with others.” ETL features an online “portfolio” of materials from the negotiation course that Prof. Lande developed at MU.
November 18, 2013
Over the objections of some parents who did not permit their sons to attend, a Corbett, Oregon middle school football coach recently held the team’s year-end awards dinner at a nearly Hooters restaurant.
On WFAN, New York’s all-sports radio station, Prof. Doug Abrams criticized the coach for refusing to hold the dinner at a venue comfortable to all the parents. “When parents enroll their son or daughter in a sports program, they grant the coach a tangential role in the child’s upbringing. . . . Parents, however, do not cede their primary childrearing role to the coach. . . . Whether to patronize Hooters with their young boys is a family decision that squarely rests with parents because responsibility for childrearing begins in the home and not in the locker room.”
Prof. Abrams also wrote a blog column about parental decision making and other issues arising from the Corbett middle school dinner.
November 14, 2013
Prof. Thom Lambert recently appeared on a panel on the scholarly contributions of Judge Robert Bork. The panel was part of a symposium honoring three recently deceased stalwarts of law and economics: Judge Bork and economists Armen Alchian and James Buchanan. Prof. Lambert responded to a paper by Judge Douglas Ginsburg of the U.S. Court of Appeals for the D.C. Circuit. The paper focused on Judge Bork's contributions to the law of antitrust. The panel was a reunion of sorts. Judge Ginsburg was Prof. Lambert's own professor at the University of Chicago Law School.
November 14, 2013
KCTV5 in Kansas City recently aired a special report about whether Missouri high schools are doing enough to protect football players from traumatic brain injuries caused by concussions. The report found, among other things, that high school players do not get basic care that is standard in the NCAA and the National Football League. For example, 60 percent of Missouri high schools do not have certified athletic trainers at all, and only six percent have certified athletic trainers at practice sessions, where most concussions occur.
The reporter interviewed Prof. Doug Abrams about proposed rules changes in youth football. “The rules for the kids have to be a little bit different than the rules for adults. . . . Kids deserve better from their games than brain injuries; that's not what they're playing for. . . . We have to stop looking at youth sports and thinking these kids are just miniature professionals because they are not; they are kids."
November 13, 2013
At Mizzou Law, the faculty and staff know a thing or two about how to help students build future careers for themselves. However, sometimes students do not understand there is more to obtaining a job than just showing what you know. More often than not, students obtain jobs by showing both what they know and who they know. Recognizing the increasing importance of networking in the legal profession, Mizzou Law continually presents its students with networking opportunities. These opportunities include both local and nationwide panels, symposia and conferences.
No matter where the events occur, they all have the same goal: to create diverse networking opportunities for Mizzou Law students to explore various areas of the law and legal careers, while also creating lasting connections with potential employers.
Recently, two Mizzou law students had the opportunity to attend unique conferences in different parts of the United States.
The American Bar Association (ABA) gave 3L Darrion Walker the opportunity to attend the ABA Tort Trial & Insurance Practice Section (TIPS) in Minnesota. While at the conference, Walker attended both social and academic events with practicing lawyers from around the nation. One event allowed him to work side by side with lawyers in a strategic planning session focused on encouraging young students to pursue a legal degree.
This year's recipient of the Peggy Browning Fund award, 2L Whitney Fay, attended the 15th Annual National Law Students Workers' Rights Conference in Maryland. During the conference, Fay met law students from across the country and gained extensive insight about current issues within the area of labor law from practicing attorneys.
November 13, 2013
Prof. S.I. Strong spoke recently at the University of Pennsylvania Law School at a symposium -- "Regulation of Investment in the Rising Powers." Prof. Strong was part of a panel on international investment law and dispute settlement, and will write a paper, "Rogue Debtors and Unanticipated Risk,” which will appear next spring in volume 35 of the University of Pennsylvania Journal of International Law.
November 12, 2013
Congratulations to the Mizzou Law arbitration teams that won the American Bar Association Regional Arbitration Competition with an undefeated record. For the fourth consecutive year, the law school will send a team to the national tournament in January. This is the longest active streak in the country.
Congratulations to the students who were on this year’s arbitration teams: 3L Elizabeth Hatting, 2L Nate Dunville, 2L Nicholas Jain, 1L Kayla Meine, 1L Mary Beth Griffin, 3L Jon Hummel, 1L Kayla Kemp, 2L Justin Evans and 1L Aaron Wynn.
Thanks to those who devoted their time to help the students prepare for the competition: Assoc. Dean Rafael Gely; Asst. Dean Bob Bailey; Prof. Wilson Freyermuth; Prof. Chuck Henson; Prof. Jim Levin; Jennifer Redel-Reed, ’08; James Emanuel; Audrey Danner, ’13; and Ida Shafaie, ’13.
November 8, 2013
Prof. Miriam Cherry was featured in an online symposium on the book, The Electronic Silk Road, written by Prof. Anupam Chander of the UC Davis School of Law. Her contribution, "Pirates of Cyberspace," analyzed differing local and global regulatory structures for speech and commerce on the Internet.
November 7, 2013
Prof. Rod Uphoff has recently been sought by the media as an expert in wrongful convictions concerning the case of a Columbia man. In 2005, Ryan Ferguson was convicted of the robbery and murder of Columbia Tribune Sports Editor Kent Heitholt. On Nov. 5, the Missouri Court of Appeals for the Western District of Missouri overturned Ferguson’s conviction.
Prof. Uphoff explained to the media why the Missouri Court of appeals granted Ferguson’s writ of habeas corpus overturning Ferguson’s murder conviction and predicted that it is very unlikely that the state will opt re- file charges against Ferguson because of the limited evidence linking him to the crime.
November 7, 2013
The Transnational Dispute Management Journal recently published an article written by Prof. S.I. Strong in a special issue, "Art and Heritage Disputes in International and Comparative Law." Prof. Strong's contribution, "Rubin Redux: Rights Balancing in Cultural Heritage Litigation,” focused on a series of cases arising in the federal district and appellate courts in the First and Seventh Circuits regarding the attempted attachment of certain cultural antiquities found in various museums, including the Boston Museum of Fine Arts and the Field Museum in Chicago.
November 6, 2013
The October issue of the American Journal of Legal History presented a symposium on “Teaching Legal History in U.S. Law Schools.” The symposium contains essays about techniques, objectives, lawyering skills and other questions from more than 30 law professors who teach legal history courses, including Prof. Doug Abrams.
Prof. Abrams’ essay, “Teaching Legal History in the Age of Practical Legal Education,” discusses the relevance of historical study to the practice of law. In 2014, the symposium will appear as a book, Teaching Legal History: Comparative Perspectives, which Wildy, Simmonds & Hill of London will publish as part of its comparative law series.
November 5, 2013
Members of Prof. S.I. Strong's International Commercial Arbitration seminar participated in a mock symposium on Nov. 2. The event, which was held in the law school courtroom and was open to the public, included a keynote presentation from Mizzou Law alumnus Zachary A. Crowell, '10, who presented "Transnational Litigation: A Practitioner's Perspective." Crowell is an associate in Shook, Hardy & Bacon's international litigation group in Kansas City. Student presentations focused on parallel proceedings, maritime arbitration, expert witnesses, lex mercatoria and vacatur of arbitral awards.
November 4, 2013
Congratulations to the Board of Advocates Client Counseling Competition winners:
1L Tim McAleenan & 1L Joel Ritchie
1L Zachary Kasnetz & 1L Robert Mace
October 31, 2013
Prof. Doug Abrams’ latest sports blog column, “An Open Letter to Boys About Sexual Abuse,” discusses teenage boys’ legal obligations in light of nationally reported stories of sexual abuse by high school athletes in Steubenville, Ohio, last March, and now in Maryville, Mo.
The column also describes how statutory rape can have lifelong adverse collateral consequences not only for victims, but also for teenage perpetrators. The column received nearly 500 views on the first day it was posted.
October 30, 2013
The School of Law’s Center for the Study of Dispute Resolution recently co-sponsored an American Bar Association Mediation Week event, together with the Association of Missouri Mediators (AMM) and the Law Office of Sarah J. Read.
This was a statewide event with on-line video streaming and opportunities to connect at four physical locations that linked via videoconferencing. The program included a one-hour CLE open discussion on the impact of mediation on the community, business, families and the legal profession.
Presenters included Paul Ladehoff from the School of Law, James Reeves, LLM ’01, and Sarah Read. Then the AMM held its annual meeting at four videoconference locations in Columbia, St. Louis, Kansas City and Springfield.
October 29, 2013
The Associated Press (AP) recently interviewed Prof. Richard Reuben about the action taken Thursday, Oct. 17, by Nodaway County, Mo., prosecutor Robert Rice. Rice’s March 2012 decision to drop charges against two teenage boys accused of sexually assaulting a 13-year-old girl in Maryville, Mo., has created anything but silence in the media. As a result of continuous criticism and challenges to the integrity of the county’s prosecution system, Rice filed a motion for a judge-appointed special prosecutor to last year’s sexual assault case.
In his interview, Prof. Reuben explained why a prosecutor would call upon a special prosecutor to review a case: “The idea is really to have a third party who is removed from the process, who can bring the appearance of objectivity and neutrality. At the end of the day they would look like a prosecutor who is truly independent.”
Rice’s action to appoint a special prosecutor is anything but a flippant decision. According to Prof. Reuben, “A special prosecutor would investigate if there's been a crime and would have the authority to bring charges.” As a result, a special prosecutor’s investigation could either support Rice’s decision to drop the charges based on a lack of evidence or challenge Rice’s authority as the county’s prosecutor and take the case to trial.
October 28, 2013
Prof. Joshua Hawley and the Becket Fund for Religious Liberty have asked the Supreme Court of the United States to decide whether Hobby Lobby and other for-profit businesses may exercise the right to religious freedom by declining to fund contraceptives and abortion-inducing drugs in their government-mandated healthcare plans.
Hobby Lobby is a family owned corporation whose owners, the Green family, have a religious objection to funding drugs that may induce abortions. Hobby Lobby won a preliminary injunction from the Tenth Circuit in June. Last month, the U.S. Department of Justice asked the Court to review the grant of the injunction and to decide the merits of the case.
October 24, 2013
The Missouri Bar produced a 10-minute public service announcement, “The Missouri Plan: A Model for the Nation.” Initially approved by the voters in 1940, the Missouri Plan provides for merit selection of judges to the Supreme Court, the court of appeals, and trial courts in major metropolitan areas. Sometimes called “Missouri’s gift to the art of government,” the plan has been adopted with variations in 34 other states.
The public service announcement includes interviews with former Missouri Supreme Court judges Ann Covington,’77, John Holstein, ’70, Ray Price and Michael Wolff; former federal district judge Stephen Limbaugh, Sr., ’51; former Missouri Bar President Skip Walther, ’79; and Prof. Doug Abrams.
October 23, 2013
Professor S.I. Strong recently spoke at Brooklyn Law School as part of a symposium, "What Law Governs International Commercial Contracts? Divergent Doctrines and the New Hague Principles." The event was held at the Dennis J. Block Center for the Study of International Business Law and featured speakers from all over the world.
Prof. Strong's paper, "Limits of Procedural Choice of Law,” will be published in volume 39 of the Brooklyn Journal of International Law early next year.
October 23, 2013
Prof. Carl H. Esbeck recently published a chapter in an anthology on law and religion in a multi-volume collection, Historical Introduction to Law and Religion in the West. The anthology is issued by Ashgate Publishing Ltd. in the United Kingdom.
Prof. Esbeck’s chapter concerns religion and religious liberty during the American War of Independence and its aftermath. The extended essay is juxtaposed with another on the French Revolution, providing a comparison of the role religion played in these revolutions that continue to shape the modern world. In addition to the American Revolution itself, which unfolded over 1775 – 1783, the chapter points out how changes within American Protestantism had a leveling effect on society and, during the early years of the republic, the political and religious culture exalted liberty, individualism, and the voluntary church.
Where American patriots might have suffered divisions due to religion, the denominations instead united in support of the Revolution. The unity of Protestants among themselves (excepting Quakers and Church of England) and with the Enlightenment-rationalists behind the War-time effort was widespread. Rationalists, in turn, were able to join with Protestants regarding an organization of the central government which respected conscience and left authority over religion in the States.
October 21, 2013
Prof. Ilhyung Lee recently served as a discussant on two panel sessions at the first ever conference devoted to sports and Korea – “(Re-)Discovering Sport in Korea: Guts, Glory, and Geurimja” -- held at the University of Michigan
Prof. Lee also recently visited Gretchen Cleppe’s AP Human Geography class at Rock Bridge High School in Columbia for a lecture on the subject of culture and dispute resolution.
October 11, 2013
Prof. Doug Abrams recently delivered the keynote address to the Central States Law Schools Association’s (CSLSA) annual scholarship conference. This year’s conference was held at the University of Arkansas School of Law in Fayetteville.
A regional organization of approximately 45 law schools, the CSLSA provides a supportive forum for conversation and collaboration about law professors’ scholarly activity. The theme of this year’s conference was “Transitioning Outside Experiences Into Scholarship,” and attendees explored ways to write about matters drawn from their personal backgrounds. Prof. Abrams discussed his writing about sports.
“Publishing doctrinal work in law reviews, casebooks, treatises, and other legal forums remains a core professional responsibility throughout our careers,” Prof. Abrams told the audience, “but professors can also write sometimes about outside experiences that may not relate directly or indirectly to their course packages, or indeed even to law. Some of this writing is best placed in forums that reach general audiences. We serve the public interest when we write legal scholarship, but we also serve the public interest when we seek common ground with lay readers who never open legal publications.”
October 10, 2013
Amy Lorenz-Moser, ’00, recently talked to students about her pro bono post-trial criminal work that began at the School of Law when she participated in the Family Violence Clinic as a student.
Lorenz-Moser has worked tirelessly to free women sentenced to prison for killing their abusive husbands. She an attorney with Armstrong Teasdale in St. Louis and is an appointee to the American Bar Association’s Standing Committee on Pro Bono and Public Service.
October 10, 2013
Prof. S.I. Strong recently traveled to Boston to speak at the London Court of International Arbitration (LCIA) Young International Arbitration Group (YIAG) Workshop. The meeting was held in association with the LCIA’s North American Forum meeting, which was scheduled to coincide with the start of the International Bar Association’s Annual Meeting, held this year in Boston.
Prof. Strong joined Larry Schaner of Jenner & Block and Judge Judith Kaye, former chief judge of the State of New York, in discussing the connection between international arbitration and the courts.
October 9, 2013
The week of October 21, 2013, will be dedicated to the School of Law’s chapter of the American Constitution Society (ACS), in honor of its selection as the National ACS Student Chapter of the Week. According to Mizzou Law ACS Chapter President, 2L Jillian Dent, the local chapter has been very busy since August. The ACS board worked hard to recruit first-year law students through the activities fair and held social activities for both first year students and ACS members.
ACS has also hosted two very successful debates with the Federalist Society: Constitution Day Debate: Originalism vs. A Living Constitution, featuring Prof. Ben Trachtenberg of Mizzou Law and John McGinnis of Northwestern Law, and DOMA & Prop-8: The Legal Implications, featuring Ian Millhiser of the Center for American Progress.
Through its numerous events and other opportunities, Mizzou Law’s chapter of ACS furthers the society’s national goals by presenting important legal ideas and perspectives, which challenge the way in which those involved with legal education, the law profession and policymaking think about and apply the Constitution in today’s society.
October 9, 2013
Prof. Rod Uphoff recently taught at the Harvard Law School Trial Advocacy Workshop. The intensive three-week workshop, under the direction of Harvard Law’s Prof. Charles Ogletree, focused on helping students learn and refine their “trial analysis, skills and techniques.”
Trial lawyers, such as Prof. Uphoff, and state and federal judges from across the United States are invited to demonstrate effective trial techniques during the workshops, as well as evaluate and critique the students after their simulated trial exercises. Harvard law students involved in the “ITA: Prosecution Perspectives and Criminal Justice Institute” are required to participate in the workshop.
October 8, 2013
Prof. Joshua Hawley’s essay anchors the Law and Liberty Forum’s debate on the scope of Congress’s enforcement power under the Fourteenth Amendment. Prof. Hawley argues that Section 5 of the Amendment gives Congress authority to interpret the Amendment’s rights provisions for itself and that the Supreme Court owes Chevron-style deference to Congress’s interpretations.
October 8, 2013
Prof. John Lande chaired the Planned Early Dispute Resolution (PEDR) Task Force of the American Bar Association (ABA) Section of Dispute Resolution, which recently published a user guide to help businesses plan for and manage disputes at the earliest appropriate time.
Prof. Lande was the lead author of the user guide, which was co-sponsored by the American Arbitration Association, International Institute for Conflict Prevention and Resolution, and the Judicial Arbitration and Mediation Service.
The PEDR website includes a podcast of Prof. Lande’s presentation for the ABA Section of Litigation describing how lawyers can help clients get good results – and make a good living. The website also includes powerpoint presentations for business and legal groups to explain the basic concepts of this project. Prof. Lande’s book, Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money, provided the impetus for this project.
October 7, 2013
Congratulations to recent School of Law competition winners:
Transactional Law Competition
sponsored by the Board of Advocates and the Tax Law Society
3L Allan Finnegan, 3L John Mueller and 3L Ben Bakula
3L Britney Jackson and 3L Janette Dansby
sponsored by the Board of Advocates
2L David Feygelman and 2L Devan Scott
1L Nick Henry and 1L Julia Neidhardt
October 4, 2013
Prof. Ben Trachtenberg has been appointed to the Policy Committee of the Columbia Public Schools Board of Education. The committee offers advice to the elected board of education concerning proposed school district policies. The committee includes board of education members, school district employees and community members.
October 4, 2013
Prof. S.I. Strong recently had several new articles published in the United States and Europe.
The first item, Cross-Border Collective Redress and Individual Participatory Rights: Quo Vadis?,32 Civil Justice Quarterly 508 (2013), appeared in England's leading journal on civil procedure and addressed the problems that arise under the Brussels I Regulation, the European Union's primary legislation on choice of courts and jurisdiction, when mass claims are asserted across European borders.
The second piece, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation 295 (2013), appeared in the inaugural issue of the journal and arose out of a symposium at Stanford University Law School concerning the decades-long, multibillion dollar legal dispute between Chevron Corporation and Ecuador relating to damage to the Ecuadorian environment dating back to the 1960s-1990s.
The final piece, Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, A New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013), considers why international commercial arbitration has become increasingly legalistic in recent years. The article is part of a symposium issue dealing with changes in the international arbitral regime over the last ten to twenty years.
October 2, 2013
The University of Missouri Children’s Hospital named Prof. Doug Abrams to its advisory board, which is composed of 12 civic and community leaders who support and promote community awareness of the hospital.
October 2, 2013
Prof. S.I. Strong spoke recently at a symposium convened at the George Washington University School of Law in Washington, D.C.
The event, "Courts and International Commercial Arbitration," focused on real or purported anomalies that arise in different legal systems in the area of international commercial arbitration and featured speakers from Canada, Brazil, France, Switzerland, the United Kingdom and the United States.
October 1, 2013
Oxford University Press recently published a new book, Class, Mass, and Collective Arbitration in National and International Law, by Professor S.I. Strong.
The book describes and analyzes various forms of large-scale arbitration, including class arbitration in the United States and Colombia, mass arbitration in the international investment realm, and collective arbitration in Germany, Spain and the United States.
The book, which considers the past, present and future of these types of large-scale proceedings, has been praised by scholars, practitioners and arbitrators on both sides of the Atlantic, including Gary Born of Wilmer Cutler Pickering Hale and Dorr LLP, one of the world's most prominent experts in international commercial arbitration, and Prof. William Park of Boston University, current president of the London Court of International Arbitration.
September 30, 2013
Prof. Doug Abrams spoke recently at the sports concussions symposium conducted by the Santa Clara University Institute of Sports Law and Ethics. The panel was co-hosted by the Aspen Institute's Project Play. He is flanked by former New England Patriots linebacker Shawn Stuckey (left) and Prof. Jack Sahl of the University of Akron Law School.
September 30, 2013
The Washington, D.C.-based Howard M. Holtzmann Research Center for the Study of International Arbitration and Conciliation recently hosted a webinar featuring the work of Prof. S.I. Strong.
During the presentation, Prof. Strong discussed her recent article, "Mass Procedures as a Form of 'Regulatory Arbitration' - Abaclat v. Argentine Republic and the International Investment Regime," 38 Journal of Corporation Law 259 (2013), with Prof. Karen Halverson Cross.
The Holtzmann Center, which is affiliated with the American Society of International Law (ASIL), sponsored the presentation as part of its continuing series on current scholarship in international arbitration.
September 24, 2013
Prof. Carl Esbeck has a posting to SCOTUSblog concerning a First Amendment case to be argued on November 6 before the Supreme Court of the United States. The case of Town of Greece v. Galloway involves prayer to open the meetings of a local governmental council and whether the practice is in violation of the Establishment Clause.
September 20, 2013
In June, Prof. Doug Abrams received the 2013 Excellence in Safety Award presented by USA Hockey, the sport's national governing body. He is the first lawyer to receive the award, which usually recognizes a nationally known physician or medical researcher for "outstanding contributions through many years of service to make hockey a safer game for all participants."
In a front-page article, the Mizzou Weekly quotes Prof. Abrams’ acceptance speech when he received the award at USA Hockey’s Annual Congress. At the awards dinner, he told the 300 attendees that safety in youth sports means not only “physical safety,” but also the “emotional safety” that comes from full and fair opportunity to play, without being cut from the team or being forced to sit on the sidelines. “The players did not join to warm the bench for a 30-something or 40-something coach who thinks that playing half the team might help win a game whose score everyone will likely forget two weeks later anyway.”
September 20, 2013
Prof. Joshua Hawley has published an article in the Cato Supreme Court Review arguing that the Supreme Court’s Takings Clause jurisprudence needs serious reform. Prof. Hawley explains why the court’s landmark 1985 decision Williamson County v. Hamilton Bank, which held that property owners must seek payment from the government before filing a takings claim, misunderstood two centuries of precedent and the meaning of the Takings Clause.
September 19, 2013
Prof. John Lande recently made a presentation about "Getting to Yes Sooner, Cheaper, and Better," based on his recent interviews of respected Missouri lawyers about their approaches to pretrial negotiation. He gave this talk at both the Missouri Attorney General's Office Annual Conference at the Lake of the Ozarks and at The Missouri Bar Association Annual Meeting in Columbia.
September 19, 2013
Congratulations to the Board of Advocates Mock Trial Champions: 2L Austin Fax, 2L Elizabeth Kiesewetter, 2L James Montgomery and 2L Peter Bruntrager. Runners-up were 2L Meg Sterchi, 2L Justin Evans, 1L Mary Beth Griffin and 1L Cody Holt.
September 18, 2013
The School of Law's first Transactional Law Competition will be held on September 27. Competitor teams will consist of two or three students who will work cooperatively to resolve a transactional law problem, which was adapted from a real life fact pattern.
Two weeks before the competition, student teams were given the problem, allowing them to create proposals that they believe best handles the issues in the problem. During the competition, these teams will advocate for their proposals. The competition will consist of three rounds, each lasting an hour.
The University of Missouri School of Law's Board of Advocates and the Tax Law Society created the Transactional Law Competition to provide students an opportunity to develop transactional law skills through practical experience.
September 18, 2013
Several school of Law faculty will participate in The Missouri Bar’s 2013 Annual Meeting, held September 18-20 in Columbia:
Employment, Religion and the First Amendment, featuring Prof. Carl Esbeck and Prof. Joshua Hawley
Estate Planning After ATRA, featuring Prof. David English
Major Developments in E-Discovery, moderated by Prof. Randy Diamond
The Perfect Storm: the Tsunami in Criminal Justice, moderated by Prof. S. David Mitchell
Perspectives and Contemporary Issues, featuring Prof. Joshua Hawley
Public Sector Collective Bargaining, moderated by Assoc. Dean Rafael Gely
Social Media and Legal Ethics, moderated by Prof. Chuck Henson
Tips From Good Lawyers on How You Can Negotiate Effectively, featuring Prof. John Lande
September 17, 2013
This summer, Prof. John Lande conducted focus groups for the Mediation and Assessment Program of the U.S. District Court for the Western District of Missouri. The program, which previously was called the Early Assessment Program, requires parties to mediate early in litigation. The focus groups elicited views of experienced litigators to help refine the mediation referral procedure. Based in part on the views expressed in the focus groups, the court recently issued a new general order requiring parties to mediate within 75 days after the Rule 26 meeting.
September 17, 2013
Prof. Joshua Hawley recently addressed the national meeting of the Philadelphia Society, one of the oldest conservative and libertarian societies in the nation whose members have included Frederich Hayek and Milton Friedman.
Prof. Hawley spoke to the group on the topic of social justice, and urged its members to make social justice a focus of their movement going forward. Prof. Hawley’s remarks were based on his essay entitled Rediscovering Justice.
September 17, 2013
Prof. Doug Abrams’ latest commentary on sports concussions recently appeared in The Huffington Post. His column concerns statutes, enacted in 49 states since 2009, that seek to improve treatment of concussions suffered by children who play organized sports. Prof. Abrams says that the statutes take a giant step in the right direction, but that work remains unfinished because more than 30 of the statutes reach only interscholastic sports. He argues that the 30-plus states should extend protection to the millions of youngsters who play in private leagues, clubs and associations.
Most of these private entities do not own and operate their own facilities, so they typically use public fields, gymnasiums and other facilities under permits granted by local government agencies, usually the parks and recreation department or the public school district. States and local agencies may exercise the “power of the permit” to regulate the terms under which private applicants may use public property. These terms may include adherence to mandated concussions protocols.
September 13, 2013
Prof. S.I. Strong recently spoke at the Eighth Annual International Chamber of Commerce (ICC) New York Conference on ICC Mediation: Essentials for Efficient Dispute Resolution. Her presentation focused on multiparty mediation and the difficulties of getting all the parties to the table.
September 12, 2013
Prof. Ben Trachtenberg recently spoke on current issues involving the ethics of law school marketing in an interview with Bloomberg Law TV. These ethical marketing issues caught national attention after two law school administrators were caught and severely sanctioned for falsifying law school student data in order to boost their rankings.
While some believe these incidents may be outliers within the law community, Prof. Trachtenberg sees a bigger picture and growing issues for legal education as a whole: “Legal education still has a problem with giving good, forthright usable statistics that are fully honest and giving full disclosure to prospective students.”
Prof. Trachtenberg further commented on potential future actions state bars may take to address unethical marketing in law schools: “I can imagine some state bars, at some point, saying ‘Look you’ve known about this for so long and you didn’t do anything? We are going to call that misrepresentation. We’re going to call that dishonesty.” He also believes there is a lot more law schools and the American Bar Association can do to promote a law school’s duty to engage in forthright and honest marketing.
Prof. Trachtenberg also commented on the potential effects of recent governmental actions against higher education institutions and the potential of consolidating law school into a two-year degree program.
September 11, 2013
Prof. S.I. Strong's monograph, International Commercial Arbitration: A Guide for U.S. Judges, was recently cited in two federal decisions: Yukos Capital S.A.R.L. v. OAO Samaraneftegaz, which came out of the Southern District of New York, and Freaner v. Valle, which came out of the Southern District of California.The Freaner decision also cited one of Prof. Strong's articles, “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” which was published in 48 Stanford Journal of International Law47 (2012).
September 10, 2013
Christopher Dunn, a third year law student at the School of Law and the owner of a Geographic Information Systems (GIS) business, presented to the managers of MAGIC State Data Clearinghouse on the implications of the California Supreme Court’s recent Sierra Club decision.
The main premise of Dunn’s presentation focused on how the Court’s decision stands as the first, and most developed state supreme court-level opinion on a fairly common and pernicious approach some local governments take when the public asks for access to its GIS data. These governments charge “cost recovery” fees and place end user license restrictions on geospatial data sets, which if stored in any other format would normally be considered typical public records.
The opinion disassembles the local government’s position that it has the right to charge cost-recovery fees to the public for GIS datasets in its possession. The opinion reaffirms the right of Californians to access state-held geospatial datasets in their native formats, for the reasonable cost of duplication; regardless of the costs of development of the dataset, or its potential economic value. The remaining states eventually will have to resolve this question either through comparable litigation or by legislative acts to remove existing statutes allowing local governments to distinguish government-held geospatial data from the rest of their “public records.”
September 6, 2013
The Nebraska Law Review Bulletin published “Regulators, Mount Up” by Prof. Ben Trachtenberg. His piece, which concerns the regulation of law school marketing, replies to two pieces recently published by the Bulletin, by Jeffrey Stake of the University of Indiana and by Kyle McEntee of Law School Transparency. Stake and McEntee were responding to Prof. Trachtenberg’s June 2013 article “Law School Marketing and Legal Ethics.”
September 5, 2013
Prof. Doug Abrams recently appeared as the guest on "The Sports Edge," the weekly youth sports show on WFAN-New York, one of the nation's leading all-sports radio stations. He and host Rick Wolff discussed how Title IX of the Education Amendments of 1972 and federal and state constitutional law strictly limit boys' rights to try out for girls high school sports teams.
September 4, 2013
In a recent interview with KOMU 8 News, Prof. Ben Trachtenberg commented on Pettis County (Mo.) Prosecutor Jeff Mittelhauser’s decision to not immediately pursue a previous assault charge against Rudy Perez Jr., who subsequently killed a VA hospital patient in Columbia.
Mittelhauser previously told KOMU 8 that it is his practice not to file charges against any suspect without evidence to prove guilt beyond a reasonable doubt. This practice, however, is not required by Missouri, other state, or U.S. law, which only require the prosecution to show that a majority of the evidence points to a suspect’s guilt before charges are pressed.
Prof. Trachtenberg told KOMU 8 that Mittelhauser’s practice was not unusual or uncommon, as prosecutors vary in their prosecutorial style. Prof. Trachtenberg also stated that both the Missouri and U.S. constitutions contain provisions requiring reasonable bail for charged suspects. As a result of those constitutional provisions, Prof. Trachtenberg further commented that Mittelhauser not only may have been uncomfortable with the evidence he had before him, but there was also a risk that Perez would not have remained in jail should the bail amount have been met.
September 3, 2013
Prof. S.I. Strong travelled recently to Cartagena, Colombia, to present a paper on procedural autonomy at the Sixth International Congress of Procedural Law. The paper, which answers the question of why harmonization of common law and civil law procedures is possible in arbitration but not in litigation, is being published in Spanish under the title Por Qué la Armonización de los Procedimientos del Common Law y el Civil Law es Posible en el Arbitraje Pero no en los Litigios? (D.A. Agudelo, trans.). The piece will appear in CULTURA Y PROCESO: 6 CONGRESO INTERNACIONAL DE DERECHO PROCESAL (anticipated 2013).
While in Colombia, Prof. Strong also taught classes in international commercial arbitration and class arbitration at the University of Medellin and the University of Rionegro.
August 30, 2013
The Virginia Journal Social Policy & the Law has published Prof. Doug Abrams’ latest article, “The Twelve-Year-Old Girl’s Lawsuit That Changed America: The Continuing Impact of NOW v. Little League Baseball, Inc. at 40.”
In 1972, Little League’s national office forced 12-year-old Maria Pepe off her Hoboken (NJ) team because “[g]irls are not eligible.” The New Jersey Division on Civil Rights sustained her gender discrimination claim in 1973, and the state courts upheld the administrative decision a year later. Rather than resist further, Little League enrolled girls beginning in 1975, and more than 10 million girls have played in the program since then (including the granddaughter of the Little League executive who testified as the lead witness against Pepe at the 1973 trial). Millions of other girls have played a variety of other sports with boys, particularly in the pre-teen years.
Prof. Abrams explains how national reaction to Maria Pepe’s insistence on gender equity helped sustain the evolution in gender roles that had accelerated since the Women’s Movement of the 1960s. Her landmark legal action also likely influenced the Supreme Court’s gradual movement toward intermediate scrutiny of gender discrimination claims; the 1975 federal regulations that assured Title IX of the Education Amendments of 1972 a prominent role in elementary, secondary and higher education; and children’s socialization concerning gender roles in our society.
August 29, 2013
The 2013 Southeastern Association of Law Schools (SEALS) held its Annual Conference from August 4-10. Several School of Law faculty led workshops at the conference: Dean Gary Myers and Professors Robert Bailey, R. Lawrence Dessem, Joshua Hawley, Carol Newman and S.I. Strong.
The SEALS Annual Conference provides both newer faculty and legal educators opportunities to engage in workshops and discussion panels. Those who attend are able to present their current projects or discuss contemporary legal issues that legal educators may address in their classroom curriculum.
Below are the names of the workshops and MU Law faculty who were a part of the 2013 SEALS Annual Conference:
New Scholars Colloquia, featuring Prof. Joshua Hawley;
Workshop on Intellectual Property Law, moderated by Dean Gary Myers;
Workshop on Legal Education, moderated by Prof. Robert Bailey;
Workshop on Legal Education, featuring Prof. R. Lawrence Dessem;
Workshop on Teaching, featuring Prof. Carol Newman;
Workshop on Teaching and Evaluation, moderated by Prof. R. Lawrence Dessem; and
Workshop on Trusts and Estates, moderated by Prof. S.I. Strong.
August 28, 2013
Fox 2 St. Louis’s magazine journalism program, The Jaco Report, recently aired an interview with Prof. Brad Desnoyer. He discussed the Missouri Supreme Court’s ruling upholding a state law requiring unaccredited school districts to pay for their students to attend accredited, neighboring districts. He also discussed the law’s broader implications and issues of school funding.
August 27, 2013
The National Law Journal and the Wall Street Journal Law Blog recently interviewed Prof. Ben Trachtenberg about recent ethical controversies resulting in “pretty significant” bar sanctions for two former law school officials. Prof. Trachtenberg caught the national news media’s attention with his June law review article, “Law School Marketing and Legal Ethics,” which argues that misleading law school marketing justified the imposition of bar discipline on participating lawyers.
Last month, Villanova Law’s former dean was suspended from the practice of law for three years for knowingly giving incorrect law school admissions data to both the American Bar Association and U.S. News & World Report. In addition, a former admissions dean at Illinois was reprimanded by the bar for falsifying the credentials of the school’s incoming law students (LSAT scores and undergraduate GPAs) and for not properly supervising his subordinates.
In the Wall Street Journal article, Prof. Trachtenberg stated that attorney disciplinary boards are usually more lenient when sanctioning lawyers for misconduct than they were to the former Villanova dean, unless the lawyer was convicted of a crime or found to have misused client money.
August 27, 2013
Prof. Joshua Hawley explores Justice Holmes's discovery of the right to free speech in a book review in the Wall Street Journal. Prof. Hawley contends that Holmes's idiosyncratic defense of free speech sheds light on the First Amendment's connection to democracy -- and urges Americans to recommit themselves to "the shared civil discourse democracy requires.
August 26, 2013
Prof. Carl H. Esbeck has the lead article in the August issue of the Charleston Law Review. The article, “Unwanted Exposure to Religious Expression by Government: Standing and the Establishment Clause,” focuses on the unusual standing requirements of the Supreme Court in a discrete line of cases. The cases involve religious symbols such as the Latin cross or religious expression such as legislative prayer. Where the speech is attributable to the government, the Court has relaxed traditional requirements and permitted standing so as to reach the merits under the Establishment Clause. How and why this is so is the subject of Esbeck’s investigation.
August 23, 2013
Congratulations to the winners of the 2013 Polsinelli Fall Moot Court Competition:
Best Oral Advocate
Best 2L Brief
Best 3L Brief
August 23, 2013
The official publication of the AALS Section on Academic Support, The Learning Curve, recently published Prof. Brad Desnoyer’s article about creating and improving an academic success program. In the article, Prof. Desnoyer discusses the benefits of collaborate teaching between faculty and the effective use of teaching assistants and outside mentors.
August 21, 2013
A School of Law professor and three alumni have been appointed to serve on the Joint Commission on Women in the Profession for The Missouri Bar. Professor Erin Morrow Hawley and Megan Elizabeth Phillips, '97, were appointed to the commission by the Supreme Court of Missouri, while Marsha Blakemore Fischer, '97, and Thomas K. Neill, '02, were appointed by The Missouri Bar. Phillips serves as a co-chair for the committee.
The commission works to evaluate the status of women in the field and combat bias in order to ensure equal participation for women in the legal profession.
August 20, 2013
Needra Jackson, associate law librarian for collections in the Law Library, was recently recognized for excellence as a member of the American Association of Law Libraries (AALL) Black Caucus.
Jackson serves on the community service committee, which helps find opportunities for AALL members to volunteer their services to law, library and the community. The committee also does community outreach by recognizing the work of local organizations at the annual AALL meeting.
August 19, 2013
Professors Frank Bowman and Ben Trachtenberg recently appeared on the KBIA show "Intersection" on to discuss stand-your-ground laws, self-defense doctrine and the trial of George Zimmerman for the killing of Trayvon Martin. Attorney Dale H. Roberts, '87, an expert on firearms law, also participated.
August 19, 2013
Prof. Brad Desnoyer recently presented at the ABA Annual Meeting in San Francisco. Using superheroes as an example, he discussed the right of publicity and varying state case law. He then argued the need for a federal right of publicity due to divergent state laws.
August 16, 2013
Prof. S.I. Strong's book chapter, "Monism and Dualism in International Commercial Arbitration:
Overcoming Barriers to Consistent Application of Principles of Public International Law," was
reprinted in Russian in the August 2013 edition of Вестник Высшего Арбитражного Суда
Российской Федерации (Bulletin of the Supreme Commercial Court of the Russian
Federation). The English-language original appears in Basic Concepts of Public International
Law: Monism & Dualism 547 (University of Belgrade, 2013).
Prof. Strong also had a book chapter published originally in French. "Arbitrage et
Règlement Extrajudiciaire aux États-Unis d’Amérique" (Arbitration and Alternative Dispute
Resolution in the United States of America), which appears in Construction
Européenne: Approche Pratique (Wolters Kluwer France 2012), arose out of a conference
organized by the Council of Europe and European Commission in 2011 in Toulouse, France. The
chapter was translated by Sylvaine Poillot-Peruzzetto.
August 15, 2013
In an op-ed in the St. Louis Post-Dispatch, Prof. Brad Desnoyer examines the current school transfer-crisis in the St. Louis region. He argues that the current school transfer law will hurt unaccredited districts and cause further educational inequities. Further, he states, the crisis illustrates the larger dilemma of inequitable school funding in Missouri.
“It is no revelation that school funding directly correlates to the adequacy of a child’s education,” Prof. Desnoyer says. “And if Missouri wishes to compete nationally and globally, all of our children need adequate educational funding. Yet our system continues to rely too heavily on local property taxes, which guarantees that schools in poor neighborhoods will always be underfunded. The state legislature must create a funding mechanism that guarantees a minimum amount of funding for each district to stay accredited, and that allocates monies to districts based on student-need, so that every child receives equal education dollars.”
August 15, 2013
The Nebraska Law Review Bulletin has published a second response to Prof. Ben Trachtenberg's article "Law School Marketing and Legal Ethics." The response, by University of Indiana Prof. Jeffrey Stake, is titled "Improving Law School 'Transparency.'"
August 14, 2013
An article from the Journal of Dispute Resolution was recently cited in a brief submitted to the D.C. Circuit Court of Appeals. The article, "Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS," is part of the journal's 2012 symposium volume. The symposium focused on "Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration."
The case is Commissions Import Export S.A. v. Republic of the Congo, D.C. Circuit Court of Appeals, Docket No. 13-7004.
August 6, 2013
Prof. Brad Desnoyer recently spoke in London at the biennial International Applied Legal Storytelling Conference at Gray's Inn and Inn of Court at City Law School. His presentation described modern mythology and storytelling techniques and their application to portraying the opposition in a lawsuit.
Prof. Desnoyer used the work of Joseph Campbell's Heroic Monomyth, describing how counsel should refrain from vilifying the opposition, but rather cast them as a "guardian" impeding the hero from continuing on her journey.
August 5, 2013
Prof. Michelle Arnopol Cecil recently appeared as a panellist on an hour-long talk show, Intersection, on KBIA radio. The show focused on the ramifications of the U.S. Supreme Court's landmark decision in Windsor v. United States, in which the court struck down Article 3 of the Defense of Marriage Act. Prof. Cecil addressed the tax consequences of that decision.
August 2, 2013
Prof. S.I. Strong recently wrote an article concerning the European Union's efforts to address mass injuries arising in multiple European Member States. The piece, "Cross-Border Collective Redress in the European Union: Constitutional Rights in the Face of the Brussels I Regulation," was published in 45 Arizona State Law Journal 233 (2013).
August 1, 2013
Prof. Carli N. Conklin's article, "Lost Options for Mutual Gain? The Lawyer, the Layperson, and Dispute Resolution in Early America" was recently published by the Ohio State Journal on Dispute Resolution (28 Ohio St. J. on Disp. Resol. 581 (2013).
In the article, Prof. Conklin explores a late-eighteenth century/early-nineteenth century pamphlet campaign promoting the use of arbitration over litigation in Massachusetts, drawing parallels to arguments made in favor of dispute resolution today.
The Ohio State Journal on Dispute Resolution is the official law journal of the American Bar Association's Section on Dispute Resolution.
July 30, 2013
Law Library staff members Cindy Bassett and Resa Kerns recently made a presentation at the American Association of Law Libraries conference. The presentation, "Rethinking the Value of Your Time and Attention: Practices and Technology Tools to Protect Your Most Valuable Resources," focused on how librarians can best manage their time and focus their attention on getting the most important tasks done each day. Bassett and Kerns engaged the audience with various activities throughout their presentation to help the audience recognize what their biggest obstacles may be. Karen Helde, another speaker at the conference, joined Bassett and Kerns to present.
Bassett is currently the electronic services librarian at the Law Library, while Kerns serves as associate law librarian for emerging technologies.
July 26, 2013
Both articles discuss Prof. Strong's monograph, International Commercial Arbitration: A Guide for U.S. Judges, which was published by the Federal Judicial Center earlier this year. Among other things, Prof. Strong discusses the genesis of the project and the need for federal judges to understand the interplay between international commercial arbitration and litigation.
July 25, 2013
Prof. Larry Dessem was elected as a trustee of the Law School Admission Council (LSAC) at the 2013 LSAC Annual Meeting. LSAC administers the LSAT and provides admissions-related services for law schools in the United States, Canada and Australia. In addition to his service as a trustee, Prof. Dessem continues to serve on the LSAC Audit Committee.
July 18, 2013
The Nebraska Law Review Bulletin published an online response to Prof. Ben Trachtenberg's article "Law School Marketing and Legal Ethics," which appeared in the June 2013 issue of Nebraska Law Review.
The response, "The Evaporating Trust in American Legal Education," was written Law School Transparency Executive Director Kyle McEntee.
July 16, 2013
Professor S.I. Strong's most recent article, "Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration," was recently published in 53 Virginia Journal of International Law 499 (2013). The article looks at the interplay between U.S. constitutional law and the international treaties governing international commercial arbitration.
July 12, 2013
The Nebraska Law Review published Prof. Trachtenberg's article, "Law School Marketing and Legal Ethics," in its June 2013 issue. The article has attracted substantial attention, with coverage in the Wall Street Journal and several law blogs.
July 11, 2013
Prof. S.I. Strong recently wrote a book chapter, “Monism and Dualism in International Commercial Arbitration: Overcoming Barriers to Consistent Application of Principles of Public International Law,” which appears in Basic Concepts of Public International Law: Monism and Dualism 547 (2013).
July 9, 2013
Prof. S. David Mitchell recently joined the University of Missouri's Institute of Public Policy as a Policy Research Scholar.
Policy Research Scholars are faculty from across the MU campus with a demonstrated interest in connecting academic research to the policymaking process, particularly in the state of Missouri.
July 8, 2013
Prof. S.I. Strong's article, "Does Class Arbitration 'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," published in 17 Harvard Negotiation Law Review 201 (2012), was recently cited in the dissenting opinion on jurisdiction and admissibility in Ambiente Ufficio S.p.A. v. Argentine Republic, ICSID Case No. ARB/08/9 (formerly Alpi v. Argentine Republic).
Ambiente Ufficio involves a large multiparty proceeding in the context of investor-state arbitration.
July 3, 2013
Prof. Carl Esbeck was quoted in Christianity Today about a case involving a Denver church on the free speech rights of a demonstrator displaying "images of mutilated fetuses" on the street outside the church. The demonstrator was prohibited by a court from future protests outside the church which might upset or disturb children, a content-based injunction.
Prof. Esbeck joined a brief by 10 First Amendment scholars urging that the Supreme Court grant an appeal. The brief argued that the injunction was directed at the content of the speech in a traditional public forum, and that the scope of the restraint also kept the message from being conveyed to the many adults who were present. Finally, the court had never approved a "child-exception" to free speech except with respect to sexual content.
The Supreme Court has decided not to take the case.
July 2, 2013
The School of Law's chapter of the American Constitution Society was awarded the American Constitution Society Program Award for hosting 20 or more events throughout the 2012-2013 academic year. The award was given to only 25 law schools nationwide and was announced at the recent American Constitution Society National Convention in Washington, D.C. Three officers of the Mizzou Law chapter attended the convention: 2Ls Jillian Dent, Sean Milford and Dylan Gelbach.
July 1, 2013
Prof. Joshua Hawley was featured on a recent KOMU-TV news broadcast in Columbia. He was quoted about the recent Fisher v. University of Texas case, which he taught in his constitutional law class, noting his surprise at the U.S. Supreme Court's decision and that none of the justices made stronger statements.
June 26, 2013
Prof. Erin Morrow Hawley joined the University of Missouri's Institute of Public Policy as Policy Research Scholar. Policy Research Scholars are faculty from across the MU campus with a demonstrated interest in connecting academic research to the policymaking process, particularly in the state of Missouri.
June 26, 2013
Dean Gary Myers participated in two panels at the 2013 Bench, Bar & Professional Development Conference hosted by the Bar Association of Metropolitan St. Louis. He spoke as a new dean on how practicing lawyers can help with legal education, with Dean Mike Wolff of the Saint Louis University School of Law, and moderated a panel, "Say Hello and/or Goodbye to Clients."
June 24, 2013
Prof. Erin Morrow Hawley participated in the Federalist Society's Young Legal Scholars Colloquium. Her article, “The Case for an Equitable Anti-Injunction Act,” was one of eight selected for presentation at the colloquium in Washington, D.C.
June 21, 2013
Prof. Philip G. Peters Jr. and Prof. Joshua Hawley spoke at a recent meeting of the Springfield (Mo.) Metropolitan Bar Association. They discussed some of the legal challenges being made to implementation of the Affordable Care Act. Interest in the event was so strong that it had to be moved to a larger room. Assistant Dean Lisa Key and Kate Busch of the law school's Office of Career Development brought 10 Mizzou Law students from the Springfield area to hear the presentation and to network with local practitioners attending the event.
June 19, 2013
Prof. Doug Abrams recently received the 2013 Excellence in Safety Award from USA Hockey, the sport's national governing body. In his acceptance speech at the organization's Annual Congress, Prof. Abrams distinguished between physical safety and emotional safety in youth sports.
Emotional safety means assuring each youngster fair and equal opportunity to participate in every game and practice session, consigning no youngster to chronic benchwarming. Today's fairness and equal opportunity remain essential to the players for the rest of their lives.
About a quarter of your players this winter are destined to lead very difficult, very challenging adult lives through no fault of their own. Years from now, they or a family member may suffer a debilitating disease, a serious accident or injury, or worse. Or they or a family member may lose permanent employment and find themselves unable to support their families as they would like. Or they may struggle through divorce or similar family disruption. Other crises may occur.
The coach doesn't know yet which of this winter's bright-eyed 11-year-olds will be dealt a bad hand in life; the players don't know yet; and their parents don't know yet. We're not fortune tellers, but these players are in your locker room all season. They are standing right in front of you.
Just let the kids be kids while they can because childhood and adolescence are meant to be times of relative innocence in America. Sports may provide kids some of their most lasting memories of pure fun before they face life's crises and setbacks. We owe our players these memories, because they joined the team expecting emotional safety. They did not join to warm the bench for a coach who thinks that sidelining half the team might help win a game whose score everyone will likely forget two weeks later anyway.
Coaches know that we control the kids' hockey present, but we also control their hockey futures because nostalgia is one of the great faculties of the human mind. When adults hit a personal roadblock, we naturally seek confidence and strength by thinking back to the good times. Coaches shortchange today's players when we deprive them of this lifelong support mechanism.
Just look in the mirror some morning early this winter and ask yourself one question: 'How well do I treat my least talented player?' The answer will tell plenty about how much emotional safety means on the team.
June 17, 2013
Prof. Erin Morrow Hawley was a faculty presenter for a recent American Bar Association CLE webinar, "Counseling Farmers, Food Entrepreneurs, and Restaurants on Food Labeling Laws." Prof. Hawley spoke about the Organic Food Production Act and organic labeling laws.
June 14, 2013
Prof. Philip G. Peters Jr., recently spoke at a symposium on reproductive technology co-sponsored by the University of Minnesota School of Law and the university's Center for Bioethics.
At "Revamping the Law & Policy of Reproductive Technologies: Children First?," Prof. Peters and law professors, bioethicists and physicians from across the country explored how legislatures and courts should handle the riddle posed when a risky reproductive technology creates children who suffer an increased risk of harmful medical conditions, but could not have been born without them.
Peters has written extensively on this subject, including a book, How Safe is Safe Enough? Obligations to the Children of Reproductive Technology (Oxford 2004). The proceedings will be published in a book.
June 12, 2013
Prof. Ben Trachtenberg recently spoke at the annual meeting of the Missouri Organization of Defense Lawyers. Along with MODL past president Louis J. Leonatti, '74, Prof. Trachtenberg discussed three legal ethics topics: the insurer-insured relationship, how to identify the client in an organization or governmental entity, and ethical issues in discovery and at trial.
June 10, 2013
Prof. S. David Mitchell recently published “Blanket Retroactive Amelioration: a Remedy for Disproportionate Punishments” in City Square, a Fordham Law School online discussion forum. The article was in response to Dean Krent of the IIT Chicago-Kent School of Law ’s critique, “Determining the Retroactive Reach of Decriminalization and Diminished Punishments,” of Prof. Mitchell’s article discussing expanding the scope of retroactive amelioration.
June 6, 2013
Prof. S. David Mitchell presented a working draft of his paper, "Notice(ing) Ex-Offenders: A Case Study of the Manifest Injustice of Passively Violating a Felon-in-Possession Statute," at the 2013 Law & Society Annual Meeting in Boston. The paper discusses the case of Willie L. Williams, who was charged with violating Missouri's amended felon-in-possession statute without being afforded notice of the change and reasonably relying upon the return of his rifle from a local sheriff. The article argues that such changes in the law should be accompanied with noticed and a grace period to allow for compliance.
May 24, 2013
Prof. Ben Trachtenberg recently addressed the Mid-Missouri Young Lawyers Association at the group's yearly ethics continuing legal education event. The CLE lecture, delivered at the Missouri Supreme Court building in Jefferson City, concerned the application of legal ethics rules to law school marketing. Prof. Trachtenberg's related article, "Law School Marketing and Legal Ethics," will appear in the June 2013 issue of the Nebraska Law Review.
May 23, 2013
Prof. Ben Trachtenberg recently spoke to the Consumer Protection Division of the Missouri Attorney General's Office. His presentation was part of the division's training for lawyers and non-lawyer staff, including investigators, concerning the hearsay rule and methods for offering hearsay evidence in Missouri courts.
May 16, 2013
Prof. S.I. Strong's recent article, "Does Class Arbitration 'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," published in 17 Harvard Negotiation Law Review 201 (2012), has just been translated into Spanish. The translation appears in 18 Revista Internacional de Arbitraje 64 (2013) under the title "Acaso el Arbitraje Colectivo 'Modifica la Naturaleza' de Arbitraje? Los Casos Stolt-Nielsen, AT & T, y un Regreso a los Principios Iniciales."
The English-language version of the article was cited in the dissenting decision on jurisdiction and admissibility in the ground-breaking investment arbitration, Abaclat v. Argentine Republic, ICSID Case No. Arb/07/5.
May 15, 2013
Prof. Ben Trachtenberg's article "Coconspirators, 'Coventurers,' and the Exception Swallowing the Hearsay Rule," published in 61 Hastings Law Journal 581 (2010), was cited recently in a brief filed with a federal court in Chicago.
Counsel representing Eugene Klein, a Roman Catholic priest who worked as a prison chaplain in Springfield, Mo., cited Prof. Trachtenberg's article in a discussion of the proper scope of the "coconspirator statement" exception to the hearsay rule. Among other things, Klein is charged with helping Chicago mobster Frank Calabrese, who died in December 2012 while serving a life sentence for multiple murders, recover a valuable violin reportedly hidden in a Wisconsin house to keep the government from selling it.
The case is United States v. Eugene Klein, No. 11 CR 401 (Northern District of Illinois).
May 10, 2013
Prof. Carl H. Esbeck co-wrote a brief amici curiae filed May 2, 2013, in the U.S. Supreme Court on behalf of 21 law professors.
The matter, captioned Big Sky Colony, Inc., et al. v. Montana Department of Labor and Industry, No. 12-1191, involves a petition for certiorari by a Hutterite Colony in Montana. For almost a century the Hutterites were exempt from the state's workers' compensation law, but that exemption has now been removed. The Hutterites immigrated to the United States and Canada in the 1870s to escape religious persecution in Russia. They live in remote religious communes consisting of several families, typically totaling 100-150 individuals. Each colony operates a communal farm where all property is held in common, all meals are taken together in a dining hall and all labor is for the colony hence no wages are paid. The arrangement is memorialized by a vow taken voluntarily when a member becomes a young adult. All Hutterites renounce any claim to property and compensation, and all necessities including health care and the aged are provided for by the collective.
A workers' compensation regime imposes upon the colony an alien employer-employee construct, with attendant rights to claim compensation or personal property, an arrangement that explodes the Hutterite way of life. The Hutterite Vow is enforced by excommunication, yet the compensation law regards such as retaliation for the assertion of civil rights. Not only is the law unneeded because the Hutterites believe that they, not the state, must care for their own, but the law is totally incompatible with these Christian worldviews where all things, both burdens and benefits, are shared in common. The court is expected by this fall to act on the colony's petition for certiorari.
May 3, 2013
Prof. Carl H. Esbeck was invited to participate in the Annual Law & Society Symposium sponsored by the Charleston School of Law and Riley Institute at Furman University, held in late April in the historic district of Charleston, S.C. The topic was the Establishment and Free Exercise Clauses of the First Amendment, and was keynoted by retired Justice Sandra Day O'Connor. Prof. Esbeck debated with three other speakers on the U.S. Supreme Court's rules concerning governmental programs that issue grants to private-sector providers of health care and welfare series without regard to the religious character of the providers. The Obama Administration follows the equal-treatment guidelines first laid down in late 2002 during the Bush Administration, and Prof. Esbeck was back then serving in the Department of Justice and had a role in formulating those guidelines. Prof. Esbeck also prepared a paper for the symposium-issue of the Charleston Law Review concerning the matter of plaintiff's standing to challenge expression by the government that is of religious content. The paper criticizes the Supreme Court for recent cutbacks in its standing doctrine.
May 2, 2013
Prof. S.I. Strong recently acted as a guest lecturer at Yale Law School's Law and Globalization Seminar, focusing on issues relating to the intersection between constitutional and public international law. Prof. Strong's session was based on her upcoming article, "Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration," which will appear in volume 53 of the Virginia Journal of International Law.
May 1, 2013
Prof. Doug Abrams is the 2013 recipient of the Excellence in Safety Award presented by USA Hockey, the sport's national governing body. He is the first lawyer to receive the award, which usually recognizes a nationally known physician or medical researcher for "outstanding contributions through many years of service to make hockey a safer game for all participants."
Prof. Abrams coached youth hockey for 42 years. He played a major role in creating Mid-Missouri's organized youth hockey teams in 1991. During his 11 years as the new Mid-Missouri youth hockey association's first president, enrollment grew from 25 players to 185 by assuring fair and equal opportunity, providing need-based scholarships and stressing citizenship education. His teams' community service projects won national, state and local recognition; a local newspaper called one team "a philanthropic organization on skates."
Now he speaks and writes about concussions and other prominent youth sports safety issues. "Tolerance for concussions should be considerably lower in children's games than in the pros," he wrote for a symposium at the University Mississippi School of Law. "Professional athletes are well paid adults who can decide for themselves how much risk of injury to tolerate, but children play to have fun and develop their skills."
The New Hampshire Union Leader has called Prof. Abrams "one of the people who help serve as the conscience for anyone involved in youth sports," and "a nationally known authority on youth sports." He will receive the Excellence in Safety Award at USA Hockey's Annual Congress at the Olympic Training Center in Colorado Springs on June 7.
April 30, 2013
The Supreme Court of Missouri recently celebrated the formal investiture of School of Law alumnus Paul C. Wilson, '92.
Wilson, a Jefferson City native, received an undergraduate degree from Drury College in Springfield, Mo., and his law degree cum laude from the School of Law. He clerked at the Supreme Court of Missouri and the U.S. Court of Appeals for the Sixth Circuit before becoming an associate at the New York law firm of Sullivan & Cromwell. He returned to Missouri in 1996 to work in the attorney general's office, culminating there as deputy chief of staff for litigation. He then served as senior counsel for budget and finance and then director of the Transform Missouri Project. In 2010, he served as a circuit judge in Cole County, Mo. He was a member of Van Matre, Harrison, Hollis, Taylor and Bacon PC when Gov. Jeremiah W. "Jay" Nixon, '81, appointed him to the Supreme Court last December.
April 29, 2013
Prof. Brad Desnoyer recently examined the right of publicity and superheroes in a CLE program, "IP and the Comic Book Superhero," sponsored by the American Bar Association Section of Intellectual Property Law, the ABA-IPL Young Lawyers Action Group, the Young Lawyers Division and the Forum on the Entertainment and Sports Industries.
"If superheroes existed, there is little doubt they would be the most prominent celebrities in the world - and likely the most profitable," Prof. Desnoyer explains. "And just as with non-fiction celebrities, superheroes would likely demand monetary compensation for the unpermitted use of their identity or persona; consequently, they would look to the courts for redress by filing a "right of publicity" claim."
April 29, 2013
Prof. S. David Mitchell was invited to lecture on the topic of felon disenfranchisement, collateral consequences and ex-offender re-entry at the University of Notre Dame by Professor Carolina Arroyo, Department of Political Science and Cheryl Ashe, Information and Referral Specialist at Imani Unidad.
On April 9, Prof. Mitchell delivered his lecture presentation to an audience of South Bend, Ind., community members, which included ex-offenders, community activists and law enforcement members as well as academics from across the campus. His remarks, “Enduring Hypocrisy: How Felon Disenfranchisement Laws and Collateral Consequences Deny Full Citizenship,” discussed the origin of the laws that have locked ex-felons out of society and create obstacles to their successful reintegration.
On April 10, Prof. Mitchell was on a panel discussing felon disenfranchisement and re-entry with Dr. Willie Jenkins, Head of the Mayor of Indianapolis’ Ex-Offender Reentry Program and Cheryl Ashe.
April 26, 2013
Four Mizzou Law alumnae and one student were recently recognized at the Missouri Lawyers Weekly Women's Justice Awards Gala. These awards "recognize women across Missouri who have demonstrated leadership, integrity, service, sacrifice and accomplishment in improving the quality of justice and furthering the highest ideals of the legal profession." Congratulations!
Leader of Tomorrow
3L Elizabeth D. Hatting
Adjunct Prof. Leslie A. Schneider, '79
Associate Circuit Court Judge in Boone County, Mo.
Jacki J. Langum, '06
Staff Attorney, Legal Services of Eastern Missouri
Michelle Boehm O'Neal, '97
Attorney, The Hershewe Law Firm
Peggy D. Richardson, '83
Associate Circuit Judge in Moniteau County, Mo.
April 26, 2013
Prof. S. David Mitchell presented at the 2013 Missouri Public Defender Association Spring Training Workshop in Kansas City, Mo., on April 3. His remarks, “Beyond Criminal: The Scope of Collateral Consequences in Missouri,” focused on which collateral consequences attach upon a conviction in Missouri, the process for the restoration of those rights in Missouri and the impact that such consequences have on individuals at the federal level in adjoining states.
April 26, 2013
Prof. S.I. Strong recently spoke on cross-cultural issues in international commercial arbitration at the American Bar Association's Torts and Insurance Practice Section Dispute Resolution Forum in Washington, D.C. Prof. Strong's presentation focused on the importance of understanding cultural differences in alternative dispute resolution and emphasized the need to adapt one's practice style when dealing with parties from other legal systems.
April 25, 2013
The ninth time's the charm! The Tim Heinsz 5K Run/Walk and Jim Devine Dog Walk set records for both attendance and money raised on Saturday. Approximately 350 people of all ages and skill levels registered - some with their dogs - to participate in this year's run/walk in memory of late former Dean Timothy J. Heinsz and late Associate Dean James R. Devine. The 9th annual event raised more than $40,000 to support the Timothy J. Heinsz Scholarship Fund at the School of Law, given annually to at least one second-year law student.
Third-year student Kate Gallen and a team of students from the law school's Student Bar Association organized and carried out this year's event. Alumnus Dan Lyskowski, '11, won the race for the second year in a row. Kevin Looby and Meg Sterchi, both first years, won their respective student divisions.
This year's Dean's Cup, which recognizes the firm and its members who make the largest financial contribution to the fund, was presented to Dowd Bennett LLP in Clayton, Mo.
Three pet rescue organizations from the Mid-Missouri community were invited to participate. Columbia Second Chance, the Central Missouri Humane Society and ARFF provided adoptable dogs to be walked, played with and loved on.
April 25, 2013
Prof. Ben Trachtenberg was quoted by the Associated Press about an ongoing trial in Kansas City federal court. Federal prosecutors have charged five defendants with securities fraud related to Petro America, of which defendant Israel Owen Hawkins was president and CEO. Trachtenberg discussed the consequences of Hawkins's recent decision to represent himself at trial.
April 23, 2013
Prof. Randy Diamond will speak at the 2nd Annual E-Discovery Symposium sponsored by the Federal Litigation and Practice Section of The Bar Association of Metropolitan St. Louis. The title of his talk is “The E-Discovery Course I Never Took in Law School.”
April 19, 2013
Prof. S.I. Strong recently gave a talk in New York on "The $2.4 Billion Question: Would A Contractual Waiver of Mass Procedures Have Been Enforceable in Abaclat v. Argentine Republic?" The presentation was part of the Eighth Annual Fordham Law Conference on International Commercial Arbitration and will generate a written work, "Limits of Autonomy in International Investment Arbitration: Are Contractual Waivers of Mass Procedures Enforceable?" The written piece will be published early next year by Martinus Nijhoff in a volume called Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013.
April 18, 2013
Prof. Thom Lambert presented a portion of the "Antitrust Fundamentals" session at the spring meeting of the American Bar Association's Antitrust Section. The spring meeting is the largest and most important gathering for antitrust lawyers, and the Antitrust Fundamentals session is described as "essential for newer competition lawyers." A co-author of a leading antitrust casebook, Prof. Lambert presented the antitrust economics and monopolization segments of the session.
April 17, 2013
Prof. Brad Desnoyer and Prof. Wilson Freyermuth were selected by the MU Graduate Professional Council as recipients of the 2013 Gold Chalk Award. This award is presented annually to faculty at MU who have shown exceptional dedication to mentoring graduate and professional students. Recipients are selected from student nominations.
Prof. Desnoyer and Prof. Freyermuth will be recognized at the Gold Chalk Awards Banquet on April 22.
April 16, 2013
Prof. Carol Newman recently served as co-chair and co-moderator of a CLE program at the spring meeting of the American Bar Association's Business Law Section. Her program, "Beyond the Four Corners of the Ethics Rules: Professionalism and the Business Lawyer," examined issues of professionalism of concern to business lawyers, with a focus on what a lawyer should or should not do even if his or her conduct is permitted under ethics and professional responsibility rules.
April 12, 2013
Prof. Brad Desnoyer was selected by the Division of Student Affairs for the Excellence in Education Award, which recognizes MU educators who support and value co-curricular learning. The award was created to acknowledge that the interaction with faculty and staff outside the classroom is critical to student learning and success, Members of the campus community are asked to nominate the faculty, academic administrators and staff who have demonstrated a commitment to student learning and personal development.
Prof. Desnoyer will be recognized on April 16 at 4:30 pm in the Great Room of the Reynolds Alumni Center on the MU campus.
April 10, 2013
Jamihlia Johnson, a second-year law student from North Carolina, received a grant from the Public Interest Law Initiative (PILI) to work for the Mexican American Legal Defense and Educational Fund this summer in Chicago.
Ki'ara Cross, a second-year law student from the St. Louis area, received a similar grant from PILI to work for the Coalition for the Homeless Law Project, also in Chicago.
The PILI Law Student Internship Program is a $5,000 grant given to 27 specific non-profit public interest agencies in the Chicago area to award to one summer intern. This is a much sought after internship program, as the public interest agencies do not pay their interns and each agency usually only has one PILI to award. The students will work for 10 weeks with their agency and also have the opportunity to participate in the PILI educational, networking and mentoring opportunities.
According to PILI, these interns "provide low-income and disenfranchised clients with critically needed direct legal assistance. Other PILI Interns conduct advocacy, policy-based work or impact litigation that enhances the health, safety and welfare of the disenfranchised. All PILI Interns gain valuable work experience that distinguishes their education and ultimately their careers."
Both Johnson and Cross attended the Midwest Public Interest Law Career Conference, held at Northwestern University School of Law, as part of a trip sponsored by the Office of Career Development and Student Services. Cross interviewed with representatives of PILI while in Chicago.
The Office of Career Development and Student Services organized six site visits at various public interest agencies in the Chicago area. Each of the 13 students who participated chose three agencies to visit and all students attended an alumni networking event.
April 5, 2013
The International Section of the D.C. Bar Association recently sponsored a program, "International Mass Claims: National Courts, International Tribunals and Ad Hoc." Panelists included Carolyn Lamm, former president of the American Bar Association, and John Crook of the George Washington University Law School, with Prof. S.I. Strong acting as speaker and moderator.
April 4, 2013
If you missed the March 12th Corps of Discovery lecture featuring Prof. Frank Bowman -- "Homicidal History: Shootings, Stabbings, Lynchings, Melees, Massacres and the Legacy of the Civil War in Modern Missouri" -- you can view it now on Mizzou Tube.
Recognized as one of the nation's top experts in criminal justice policy, Prof. Bowman's research extends to crimes of the past. He spoke about the social and legal history of the Civil War period in Boone County, Mo., drawing from his recent study of murders tried in the area from 1850 to 1875.
April 1, 2013
The Max Planck Institute for International, European and Regulatory Procedural Law in Luxembourg was the location for Prof. S.I. Strong's recent presentation on "Regulatory Attributes of Class, Mass and Collective Arbitration in National and International Law Including Recent Developments at the United States Supreme Court." The presentation was based on findings contained in Prof. Strong's upcoming book, Class, Mass and Collective Arbitration in National and International Law, which will be published by Oxford University Press this summer.
March 28, 2013
David Humphreys, President and CEO of TAMKO Building Products, Inc., recently spoke at the School of Law at an event hosted by the law school's Federalist Society. In his presentation, "Business and the Law: The Impact of Law and Regulation on Business Growth," Humphreys argued that excessive regulation hinders business growth and generates inefficient strategic uncertainty.
March 27, 2013
Prof. S.I. Strong recently attended the Conference on Art and Heritage Law at the University of Maastricht in the Netherlands and presented a paper, "Rubin Redux: Rights Balancing in Cultural Heritage Litigation." An article based on Prof. Strong's remarks will be published in Transnational Dispute Management later this year as part of a special volume on international art and cultural heritage law.
March 26, 2013
The Federalist Society chapter at the School of Law received nominations for three of five national "Feddie" awards by the national Federalist Society - the most of any chapter in the country. The categories were: Most Improved Chapter, Creative Publicity Award and Spring Breakout Award.
The law school chapter hosted five debates this year with an average attendance of 124. Their events have received coverage by local television news, and various other state and local media. For more information on the Mizzou Federalist Society please contact firstname.lastname@example.org.
March 26, 2013
Prof. S.I. Strong recent spoke at the Wissenschaftliche Vereinigung für Internationales Verfahrensrecht (Academic Association for International Procedural Law) Conference in Passau, Germany. Prof. Strong's presentation on the recognition and enforcement of foreign judgments in the United States will be published later this year as part of a volume of collected essays arising out of the conference.
March 19, 2013
The Missouri Court of Appeals, Western District will convene court at the School of Law on Thursday, April 4, 2013, Chief Judge James Welsh announced.
A three-judge panel consisting of Gary Witt, '90; Thomas Newton; and Mark Pfeiffer, '92, will hear oral arguments at Hulston Hall in four cases beginning at 9:30 am.
The cases are appeals from previously held trials in area circuit courts. The judges will hear attorneys argue whether the trials had errors, which should cause them to be retried, or the trial court's judgment reversed. The judges will read written arguments before the court session and may interrupt the attorneys' arguments with questions.
The School of Law has become a regular stop for the Western District when it convenes court away from its headquarters in Kansas City. The court has jurisdiction over appeals from trial courts in 45 counties which include all of northwest Missouri and most of central Missouri.
Witt will preside over the proceedings in Columbia. He was appointed to the Court of Appeals in 2010. Before his appointment, he practiced law in Platte City, served in the Missouri House of Representatives and was an associate circuit judge for the Sixth Judicial Circuit. Newton was appointed to the court of appeals in 1999. Previously, he served as an assistant prosecuting attorney in Jackson County, an assistant United States attorney and as a circuit judge in the 16th Judicial Circuit. Pfeiffer was appointed to the Western District in 2009. Before his appointment, he practiced law in Springfield and later Columbia.
"It is important for the Court to convene oral arguments outside of Kansas City," Witt said. "This gives individuals an opportunity to observe a part of the judicial system they normally do not see. We hope those attending will gain a better understanding of the Court's function."
Court Brief Documents
State of Missouri v. Carlos Alvarez
Ex-Amish Specialties, Inc. v.
Precision Electric, Inc., and JD Builders, Inc.
City of Columbia v. Kenneth R. Henderson
March 19, 2013
Prof. Doug Abrams will participate in the Aspen Institute's Project Play Summit in Aspen, Colo., in April. The summit is part of the institute's Sports & Society program, which "convenes leaders, fosters dialogue, and inspires solutions that help sport serve the public interest, with a focus on the development of healthy children and communities."
Prof. Abrams is one of 70 leading figures from sports, government, philanthropy, academia, medicine, media and other sectors who will convene at the summit to identify strategies and solutions to encourage broad access to healthy sports activity in the United States. The two-year initiative will develop a plan to expand positive health outcomes by giving stakeholders - from parents to policymakers - the tools to build "Sport for All, Play for Life" communities. The summit is supported by the Robert Wood Johnson Foundation, whose mission is "to improve the health and health care of all Americans."
Prof. Abrams coached youth ice hockey at all age levels for more than 40 years, and he now writes and speaks about coaching, player safety and the role of youth sports in American society. The New Hampshire Union Leader has called him "one of the people who help serve as the conscience for anyone involved in youth sports," and "a nationally known authority on youth sports." The Minneapolis Star Tribune has called him "a national watchdog of youth sports," and the Columbus (Ohio) Dispatch has called him "an early crusader for change in youth sports."
March 18, 2013
Prof. Carl Esbeck was recently quoted in Ami Magazine concerning a House bill that clarifies FEMA disaster relief extends to all public-use buildings without regard to the religious character of a building. The bill, which treats all public-use facilities equally, recently passed the U.S. House and is now before the Senate. It grew out of the east-coastal destruction by Hurricane Sandy, and is of concern to Jewish communities. Esbeck helped to draft a substitute bill to the one pending in House committee to address first amendment concerns.
March 14, 2013
Prof. S. David Mitchell gave a talk, "Invisible and Voiceless: Disenfranchisement Today and Tomorrow" at the monthly Muleskinners (Boone County Democratic Party) luncheon on March 8. He discussed the current exclusion of citizens from the electoral process along with attempts to disenfranchise more citizens with currently proposed the voter identification laws (e.g. photo ID requirements, shortening registration periods, etc.). He also referenced the Shelby v. Holder case in which Section 5 of the Voting Rights Act, the preclearance is being challenged.
March 13, 2013
Third-year student R.J. Stockman will welcome visitors to the 2013 Missouri Minority and Limited Resource Farmers' Conference held at Lincoln University in Jefferson City, Mo., on March 15.
Stockman is appearing in his capacity as deputy counsel of the Missouri Department of Agriculture, a position he will assume when he graduates in May. He was invited to speak on behalf of the department by Director of Agriculture Dr. Jon Hagler.
Stockman has served as the farm manager for Stockman Farms, a major row crop operation which also has 100 cattle, for the last four years. During his welcome, he will discuss his experience as a minority farmer and will identify state and national programs that are available to minority and disadvantaged farmers.
March 13, 2013
The Wake Forest Law Review has published Prof. Doug Abrams' latest article, "Plagiarism in Lawyers' Advocacy: Imposing Discipline for Conduct Prejudicial to the Administration of Justice."
Courts have found or intimated that when a lawyer's brief and other court filing plagiarizes public or private sources, the lawyer violates Rule 8.4(c) of the ABA Model Rules of Professional Conduct, which states that it is professional misconduct for a lawyer to "engage in conduct involving dishonesty, fraud, deceit or misrepresentation." Courts have not yet explored application of Model Rule 8.4(d), which reaches lawyers who "engage in conduct that is prejudicial to the administration of justice." Grounding professional discipline in both provisions would not be redundant because under the ABA Standards for Imposing Lawyer Sanctions, a single act may violate more than one ethical duty and multiple violations would be relevant to the sanction imposed.
Prof. Abrams explains that lawyers' plagiarism in briefs and other filings constitutes conduct prejudicial to the administration of justice because this plagiarism creates a risk that the court's written opinion itself will inadvertently plagiarize. A lawyer's plagiarism can also distort the meaning and import of parties' adversary argument by inducing the court to mistake the copied passages as products of the lawyer's own thought processes, rather than as an uncompensated non-party's analysis presumably helpful to the proponent.
March 12, 2013
In recent years, there have been substantial changes in the marketplace for athletic agents. Some states have considered non-uniform amendments to the act, particularly in response to allegations of improper conduct by agents with regard to college athletes. The Drafting Committee will draft amendments to the UAAA that are appropriate in light of the experience with the 2000 act.
March 11, 2013
A team from Mizzou Law recently returned to Columbia as the first runner up team of the 2013 National Black Law Students Association Mock Trial. Congratulations to 3L D'Juan Neal, 3L Lacy Cansler, 2L Melesa Johnson, 3L Henry Tanner, 2L Brittany Leeper and 3L Aaron LaPlante.
Congratulations also to 2L Kristen Sanocki, who was named the 2013 National Black Law Students Association Mock Trial Best Oral Advocate.
The students, who traveled to Atlanta to compete against law students from across the country, were coached by Prof. Chuck Henson.
March 8, 2013
Prof. John Lande has had three articles published or accepted for publication in academic journals.
In "Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice," in 2013 Journal of Dispute Resolution (forthcoming), he synthesized major points in the Center for the Study of Dispute Resolution’s fall 2012 symposium, "Overcoming Barriers in Preparing Law Students for Real-World Practice."
Prof. Lande is the lead author of "Principles for Designing Negotiation Instruction," in 33 Hamline Journal of Public Law and Policy 299 (2012). This article analyzes recommendations in the Rethinking Negotiation Teaching Project and recommends that, in addition to including the widely-taught “canon of negotiation,” negotiation instructors consider a catalog of perspectives, theories, assumptions, topics for instruction and teaching methods."Lessons from Mediators’ Stories," in 34 Cardozo Law Review (August 2013 forthcoming) is part of a symposium discussing the book, Stories Mediators Tell, and highlights three lessons illustrated by the mediators’ stories. The stories show how parties often have important non-monetary interests, that it is very important for dispute resolution professional to practice good listening, and that lawyers’ mindsets can both advance and undermine their clients’ interests.
March 7, 2013
Prof. S.I. Strong's most recent article, Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, has been accepted for publication in volume 53 of the Virginia Journal of International Law and will come out later this year. The article considers international commercial arbitration from a constitutional and public international law perspective and addresses the "difficult constitutional question" that arises when a potentially (or perhaps partially) self-executing treaty is also the subject of domestic legislation.
March 7, 2013
Dean Gary Myers recently accepted an appointment to the board of directors of the Heart of Missouri United Way. The Heart of Missouri United Way has served the communities of mid-Missouri for more than 60 years. The organization works to make positive community impacts by working with programs that build strong education, income, health and safety net resources throughout the region. The coordinated efforts of the United Way help to reduce poverty and create positive change in our community.
March 6, 2013
Prof. John Lande will teach a one-credit course -- Interviewing, Counseling and Negotiation Practicum -- as part of the Summer Institute in Dispute Resolution at the William S. Boyd School of Law at the University of Nevada, Las Vegas. The course, which will be held in May, will consist primarily of a multi-stage simulation.
March 5, 2013
Dean Gary Myers recently presented at the Mid-South Intellectual Property Institute Conference held at the University of Mississippi Law School. He spoke on the topic of the right to publicity. This was the second year for this program, which was formed to encourage the development of creative, entrepreneurial projects throughout the Mid-South region.
March 4, 2013
Prof. Rodney Uphoff was recently interviewed by national media outlets, including CNN and USA Today about the Oscar Pistorius murder arrest. Prof. Uphoff was questioned after a South African magistrate decided to grant Pistorius bail on February 22. He provided his insight on the choice of the magistrate to set a low bail and the comments regarding some of the police officer's possible misconduct in conducting the investigation. He also speculated on how the case may be handled by both defense and prosecution teams as it moves forward in the judicial system.
March 4, 2013
In January, Prof. John Lande gave a talk at the California Western School of Law on "Overcoming Barriers to Incorporating More Practical Problem-Solving in Law School Courses." In February, he gave a talk at the University of Maryland Francis King Carey School of Law on "Some Ideas for Preparing Law Students for Real-World Practice."
February 28, 2013
Prof. Richard Reuben was recently appointed to the board of directors of the Gateway Chapter of the Labor and Employment Relations Association (LERA) in St. Louis. LERA "is the singular organization in the country where professionals interested in all aspects of labor and employment relations network to share ideas and learn about new developments, issues, and practices in the field."
February 27, 2013
In a recent interview with Bloomberg Law, Prof. Ben Trachtenberg discusses his forthcoming Nebraska Law Review article, "Law School Marketing and Legal Ethics." In the article, he suggests that professional discipline would be appropriate for licensed lawyers who, while working as law school administrators, knowingly published false information to prospective students.
February 27, 2013
Congratulations to the law school's 2013 Mediation Competition winners - 3L Paul Schwinn and 3L Andrew Stashefsky (first place) and 1L David Feygelman and 1L Nichols Jain (second place)!
February 25, 2013
The University of Missouri is in full closure on Tuesday, February 26, due to inclement weather. All law school offices are closed and classes are cancelled. For up-to-date information, please visit MU Alert.
February 25, 2013
The Notre Dame Law Review recently published Prof. S.I. Strong's article, "Regulatory Litigation in the European Union: Does the U.S. Class Action Have a New Analogue?," in 88 Notre Dame Law Review 899 (2012). The article considers whether the European Union is likely to adopt a new form of regulatory litigation as a result of a proposed plan to adopt a pan-European procedure for providing cross-border collective redress.
February 21, 2013
The University of Missouri is in full closure on Friday, February 22, due to inclement weather. All law school offices are closed and classes are cancelled. For up-to-date information, please visit MU Alert.
February 21, 2013
Due to inclement weather in Columbia, the symposium scheduled for February 22, "Promoting Sustainable Energy Through Tax Policy," has been cancelled. We apologize for any inconvenience this may cause.
February 21, 2013
The University of Missouri is in full closure on Thursday, February 21, due to inclement weather. All law school offices are closed and classes are cancelled. For up-to-date information, please visit MU Alert.
February 21, 2013
Third-year law student Tracy Johnson has been selected to receive a 2013 Mizzou Inclusive Excellence Award, which is given to individuals or groups who, as part of the Mizzou community, have made exemplary contributions to any area of diversity, including but not limited to issues of gender, racial-ethnic background, language, religious belief, sexual orientation, abilities and disabilities, national and geographical origin and economic strata. Johnson's award will be presented on February 25 at the Inclusive Excellence Awards reception.
February 20, 2013
Recently the School of Law sent two teams to compete in the Texas Young Lawyers Association Mock Trial Regional in Minnesota. Both teams had their hard work pay off and won tough rounds among a field of 24 teams from 13 schools. Each team was only points away from advancing on to the semi-finals. Mizzou Law team members included 3L Burke Bindbeutel, 2L Arsenio Mimms, 3L Paul Schwinn and 2L Scott Sergent.
February 20, 2013
In an op-ed in the St. Louis Post-Dispatch, 3L Rita Florez argues that to say that the 2012 presidential election was decided by Hispanic or Latino voters focused on immigration policy is a one-dimensional view. "The idea that eligible voting Latinos, all 24 million of us, don't care about a lagging economy, health care, the federal deficit or foreign policy is just untrue," Florez writes. "Reducing the Republican loss to immigration is an incomplete perception of Hispanic views on that single issue."
February 19, 2013
Prof. David Mitchell was a panelist at the Speak Your Mind Forum on violence and safety in the United States and schools held at Hickman High School in Columbia. The discussion focused on a number of issues including how to prevent violence in schools, conceal and carry laws, the proposed law to allow teachers to carry concealed weapons and the Second Amendment.
Prof. Mitchell's fellow panelists were Dr. Wayne Brekhus of the MU Department of Sociology; Dr. Chris Belcher, the superintendent of Columbia Public Schools; Gary Nolan, a Libertarian radio host; and Sgt. Joe Bernhard of the Columbia Police Department.
The Speak Your Mind Forum is designed to allow students the opportunity to ask questions and engage in dialogue on contemporary and often controversial issues.
February 14, 2013
Prof. Carl Esbeck was recently quoted in "Changes to Health Insurance Contraceptive Mandate Unlikely to Appease Religious Groups," in U.S. News & World Report. In the article, which focuses on changes made by the Obama administration to the contraceptive coverage mandate for health insurance policies, Prof. Esbeck says, "Accommodations of religious conscience reflected in the administration's new notice of the proposed rule-making are unlikely to cause litigation to go away."
February 14, 2013
The University of Missouri recently crowned its 2012-2013 mock trial school champions. By winning their rounds three nights in a row, the team of 1L Peter Bruntrager, 1L Nate Dunville, 1L J.R. Montgomery and 3L Dane Rennier won the mock trial event. The team will travel to St. Louis in March to compete in the American Association of Justice Mock Trial Regional. Also competing in the regional will be the school's second place mock trial team — 2L John Herries, 2L Keith Holland, 2L Jordan Paul and 3L Scott Smithson.
February 13, 2013
Prof. S.I. Strong spoke recently at Stanford University Law School at a symposium relating to the long-running and highly publicized dispute involving Chevron, Ecuador and various Ecuadorian parties (the Lago Agrio plaintiffs) and arising out of the alleged pollution of the Ecuadorian rainforest. Prof. Strong compared the use of a particular discovery device, 28 U.S.C. s. 1782, in both international litigation and international arbitration, and considered whether the statute can and should be used in the latter scenario. Papers from the symposium, including an article by Prof. Strong on 28 U.S.C. s. 1782, will be published in the Stanford Journal of Complex Litigation later this year.
February 12, 2013
In only their second year of existence, two Mizzou Law Thurgood Marshall Mock Trial teams have advanced to the National BLSA Thurgood Marshall Mock Trial Competition. The teams earned the right to compete after three grueling days of competition at the Midwest Regional BLSA Competition in St. Louis last week.
The national competition will be held March 6-10 in Atlanta.
Congratulations to the students who will represent the School of Law at the national competition: 3L Lacy Cansler, 2L Melesa Johnson, 3L Aaron Laplante, 2L Brittany Leeper, 3L D'Juan Neal, 2L Kristen Sanocki, 3L R.J. Stockman, 3L Henry Tanner, 3L Kendra Thomas and 2L Darrion Walker.
February 11, 2013
The U.S. Department of Education has instructed the nation's public schools that federal disability law requires them to "provide students with disabilities an equal opportunity to participate alongside their peers in after-school athletics." The directive applies the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA). Secretary of Education Arne Duncan said that public elementary and secondary schools "may not exclude students [with a disability] from trying out and playing on a team, if they are otherwise qualified."
"While it's the coach's job to pick the best team," he continued, "students with disabilities must be judged based on their individual abilities . . . . [S]chools don't have to change the essential rules of the game, . . . [b]ut they do need to make reasonable modifications . . . to insure that students with disabilities get the very same opportunity to play as everyone else."
In a half-hour interview on WFAN sports radio, Prof. Doug Abrams supported the Education Department's directive because "equal opportunity for student-athletes with disabilities is good for athletes, and it is good for America." Prof. Abrams reiterated his support in his weekly sports blog on "Ask Coach Wolff."
February 1, 2013
Prof. S.I. Strong recently presented a paper, "Regulatory Elements of Class, Mass and Collective Arbitration," at the Yale-Quinnipiac Dispute Resolution Workshop Series. Prof. Strong's talk revolved around research contained in her upcoming book, Class, Mass and Collective Arbitration in National and International Law, which will be published by Oxford University Press later this year.
January 31, 2013
Prof. Carl Esbeck was recently quoted by the Associated Press in "Obama Birth Control Mandates Loosen Lawsuits." Litigation by for-profits challenging the healthcare mandate over birth control has created a split in the federal circuits, Prof. Esbeck says.
January 30, 2013
On January 25 and January 26, the School of Law's mock arbitration team competed at the American Bar Association Mock Arbitration Nationals. The team took second at the regional competition in November to qualify for nationals. At nationals, the team won both of its preliminary rounds in order to advance to the semi-finals to be one of the final four teams. In the semi-finals, the team lost in a very close decision by the judges.
Team members include 1L Peter Bruntrager, 3L Audrey Danner, 1L Nate Dunville, 3L Dane Rennier and team captain 3L Ida Shafaie.
January 30, 2013
Prof. S.I. Strong recently spoke at the Library of Congress Law Library in Washington, D.C., on "Research in International Commercial Arbitration: A World of Difference." The presentation focused on research techniques outlined in Prof. Strong's 2009 book from Oxford University Press, Research and Practice in International Commercial Arbitration: Sources and Strategies, and on methodologies developed during Prof. Strong's years of experience as a practitioner, arbitrator and academic specializing in international commercial arbitration.
The Library of Congress is home to the world's largest law library, with a collection of over 2.65 million volumes from around the world.
January 29, 2013
Prof. Troy A. Rule was recently awarded the 2012 Excellence in Writing Award for Best Cutting Edge Article from the American Bar Association Section of Real Property, Trust & Estate Law's Probate & Property magazine. Rule won the award for his article, "Wind Rights under Property Law: Answers Still Blowing in the Wind," which was published in the magazine's November/December 2012 Issue. The article describes and analyzes new property law questions raised by wind energy development.
January 29, 2013
Prof. S.I. Strong's most recent article, "Cross-Border Collective Redress and Individual Participatory Rights: Quo Vadis?," has just been accepted for publication in volume 32 of the Civil Justice Quarterly.
The article considers a number of recent developments in the European Union relating to the provision of large-scale (collective) redress and conducts a rigorous rights-based analysis of the ways that the various procedural rules governing inter-European litigation affect the rights of individuals to participate in the litigation process.
The Civil Justice Quarterly is a peer-reviewed journal based in the United Kingdom and focuses on matters of English and European procedural law.
January 29, 2013
Prof. Richard Reuben was recently named to the executive committee of the Association of American Law Schools Section of Dispute Resolution. The section has 19,000 members and 50 committees.
January 25, 2013
Professors Josh and Erin Hawley have asked the U.S. Supreme Court to abandon its rule that property owners bringing Fifth Amendment Takings Clause challenges must attempt to obtain compensation for the alleged taking before bringing suit in federal court. The Hawleys argue that this rule, which was first announced in the seminal case of Williamson County v. Hamilton Bank (1985), has caused severe confusion in the lower courts and is not justified by the Constitution. The Hawleys filed their brief as amicus curiae in the case Horne v. United States.
January 25, 2013
Third-year Mizzou Law student Ashton Botts recently played one of the lead characters, Wendla, in the Capital City Players' production of "Spring Awakening." The musical, based on an 1890 play by the same name, chronicles the lives of a group of teenagers as they try to find their place in the world. Along the way, they face new experiences and tragedies and learn what life is really about.
Botts, a veteran of the theater as well as a law student and freelance writer for Missouri Lawyers Weekly, was recently profiled for her role in the Columbia Daily Tribune.
January 24, 2013
Prof. Joshua Hawley and the religious-freedom litigators at the Becket Fund for Religious Liberty have asked th U.S. Supreme Court to review a 7th Circuit decision holding that a public school district in Wisconsin violated the First Amendment by renting a church auditorium for graduation ceremonies. Prof. Hawley and the Becket Fund argue that religious spaces must be treated like any other space available for rent.
January 24, 2013
An article written by Prof. Thom Lambert was recently cited in George Will's Washington Post article "The Time Bomb in Obama care?" Lambert offers the argument that the Affordable Care Act will suffer from the relationship between two of the ACA's provisions, "guaranteed issue" and "community rating." The result of the interplay of these two provisions means the ACA does not have strong enough penalties to force healthy people to purchase insurance.
January 23, 2013
Denise Boessen, the law school's registrar, was selected as the recipient of the 2013 Vanguard Prize from the National Network of Law School Officers for outstanding professional achievement in support of student services. The award will be presented at the 2013 NNLSO Annual Business Luncheon in San Francisco, during the organization's annual meeting.
January 23, 2013
The Journal of Corporation Law just published "Mass Procedures as a Form of 'Regulatory Arbitration' - Abaclat v. Argentine Republic and the International Investment Regime," by Prof. S.I. Strong. The article, which appears in volume 38 of the journal, discusses whether and to what extent large-scale arbitration can act in a regulatory manner, using the recent mass investment arbitration, Abaclat v. Argentine Republic, as a model for analysis.
January 22, 2013
Prof. Doug Abrams recently appeared on "The Sports Edge" with Rick Wolff on WFAN radio in New York, focusing on diversity in youth sports. The discussion, which is now available as a podcast, related to an incident that happened last month in Florida when a referee ejected a youth soccer coach from the game for speaking Spanish rather than English to his teenage players. The ref also threatened to eject any players who spoke Spanish to one another.
January 16, 2013
Prof. David Mitchell will be a featured speaker at "Legal Aspects of Civil and Social Equalities," a program sponsored by the Mid-Missouri Young Lawyers Association. The panelists will be discussing issues related to civil rights, e.g. voter identification and felon disenfranchisement. Rod Chapel Jr., the commissioner of the Missouri Administrative Hearing Commission, will also speak.
This event will be held on Thursday, January 17, at 5:30 pm at Capitol City Cork & Provisions in downtown Jefferson City, Mo. One hour of CLE credit is available.
January 16, 2013
On December 8, two referees in Cooper City, Fla., ejected a volunteer youth soccer coach from a game for instructing some of his teenage players in Spanish. The coach refused to heed the refs' instructions to speak only English.
In his weekly sports blog column, Prof. Abrams criticized the referees' decision (which the local league rejected within a few days). Noting that U.S. sports teams often roster refugees and other immigrant children, he writes that "[y]outh sports provides unique opportunities for youngsters of various backgrounds and life experiences to participate in mainstream American culture."
"When children from diverse cultures play clean and follow the rules of the game," Prof. Abrams continues, "the nation wins by assuring them the opportunity to participate in sports . . . . Forcing children to speak a language that they do not yet speak fluently -- or else to risk exclusion from wholesome activities common to American childhood -- serves no worthwhile purpose."
Last month, Prof. Abrams began writing about diversity in youth sports by encouraging enrollment of children with disabilities. "To the maximum extent possible, leagues and teams should permit children with disabilities to participate in sports with other children if their parents approve, their abilities permit, and participation does not change the character of the game or compromise other players' safety."
"Disabilities and language barriers surely raise several distinct issues," Prof. Abrams writes in this week's column, "but they also share these common themes grounded in mutual respect for individual differences: Children facing either barrier deserve a fair chance to play sports in accordance with their abilities, desires, and willingness to contribute to the team. . . . The impulse to include, rather than exclude, children marks youth sports at its finest in the United States, whose national educational policy vows to 'leave no child behind.'"
January 15, 2013
Prof. Ben Trachtenberg was recently quoted in an article, "Law Deans Confront a 'New Normal' as Schools Adjust to Job-Market Changes," in The Chronicle of Higher Education. In the article, which examines the challenges currently facing law schools, Prof. Trachtenberg discusses job placement statistics reported by law schools. His article on the use of ethical guidelines to prohibit deceitful marketing behavior by law school administrators will be published in the Nebraska Law Review.
January 14, 2013
The Federal Judicial Center recently published a judges' guide, "International Commercial Arbitration: A Guide for U.S. Judges," written by Prof. S.I. Strong. The monograph introduces readers to the intricacies of international commercial arbitration and discusses the various ways that U.S. courts may become involved in the process. The book is part of the Federal Judicial Center's International Litigation Series and helps further the Federal Judicial Center's statutory mission of providing research and education to the U.S. federal judiciary. The book is available in hard copy and in electronic form, and can be downloaded for free from the Federal Judicial Center's website, www.fjc.gov.
January 7, 2013
Dean Myers was also recently appointed to serve as co-chair of the annual meeting planning committee for the 2013 Missouri Bar Annual Meeting, with Walter H. Bley Jr., '80.
January 4, 2013
Prof. Carl Esbeck, an expert on religious liberty and church–state relations, was recently quoted in Christianity Today. The article, "Government Backs Down on Contraceptive Mandate," focuses on a suit brought by Wheaton College and Belmont Abbey College against the Department of Health and Human Services, objecting to the fact that the federal government requires contraceptive coverage in employee health insurance plans.
Prof. Esbeck notes that, while the colleges won a stay as to any penalties as things now stand, "there is no promise that the new rule [promised in a few months] will take care of Wheaton or Belmont Abbey... The only promise is that the existing rule won't be applied."
January 4, 2013
The Wall Street Journal recently referred to a paper written by Prof. Ben Trachtenberg in an article about fraud in the reporting of law school employment statistics.
In "Professor: Law School Advertising Violates Legal Ethics," author Joe Palazzolo cites Prof. Trachtenberg's new paper, "Law School Marketing and Legal Ethics." In the paper, Prof. Trachtenberg argues that law school officers who misrepresent law school employment statistics violate the American Bar Association's Model Rules of Professional Conduct and should be disciplined in a way consistent with those rules.
January 3, 2013
Dean Gary Myers recently made a speech, "Reconfiguring the Right of Publicity: A Comparative View," at The Boundaries of Intellectual Property conference hosted by the University of Hong Kong. He presented a comparative view of the right of publicity as it is applied in the United States, and then looked at the approach taken in other nations, such as the United Kingdom and China.
January 2, 2013
The Florida Law Review published Prof. Ben Trachtenberg's latest article, "Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause," in its December 2012 issue. Using the example of a recent major terrorism prosecution, the article addresses "coventurer hearsay" in the context of the ongoing Confrontation Clause debate concerning the U.S. Supreme Court's decision in Crawford v. Washington.
January 2, 2013
After coaching youth hockey for 42 years, Prof. Doug Abrams now writes and speaks about coaching, player safety, and sports ethics. Near the end of each year, he pens an op-ed article with the year's five most inspiring youth sports stories. Each story profiles a player whose sportsmanship and values set a special example.
The St. Louis Post-Dispatch published Prof. Abrams' op-ed on December 28. A week earlier, New Hampshire Union Leader sportswriter Jim Fennell devoted a column to Prof. Abrams' five stories, which Fennell called "a necessary reality check, a way to remember why we get involved. It's not just about winning or losing...but it's about teaching kids to do the right things."
The Union Leader has called Prof. Abrams "one of the people who help serve as the conscience for anyone involved in youth sports," and "a nationally known authority on youth sports." The Minneapolis Star Tribune has called him "a national watchdog of youth sports." The Columbus (Ohio) Dispatch has called him "an early crusader for change in youth sports." Rick Wolff, himself a nationally prominent figure in sports psychology, calls Prof. Abrams "one of the nation's premier experts in the complex world of sports parenting and amateur sports."