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.
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."