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.
Congratulations to Robert L. Langdon ('72) and Don M. Downing ('82) on their Missouri Lawyers Awards. They were recognized as Legal Champions - Awarded to plaintiffs or defense lawyers, not based on the size of verdicts but the importance of the principle or policy at stake.
Professor S.I. Strong will speak in April at The Journal of Private International Law's annual conference, which will be held at the University of Milan. Professor Strong's talk is entitled "Resolving Mass Legal Disputes in the International Sphere: Are Class Arbitrations an Option? Lessons From the United States and Canada." The presentation is the culmination of research conducted pursuant to a grant provided by the International Council of Canadian Studies (ICCS).
Professor S. David Mitchell's article, In With the New, Out With the Old: Expanding the Scope of Retroactive Amelioration, 37 Am. J. Crim. 1 (2009), discussing the use of the saving clause to prevent the retroactive application of ameliorative sentencing legislation was recently cited in two First Circuit briefs. The defendants in United States of America v. John Harley, 2010 WL 5266551 (1st Cir. Nov 22, 2010) (Appellant's Supplemental Brief) and in United States of America v. Hector O. Laboy-Vega, 2010 WL 5269709, (1st Cir. Nov 08, 2010) (Brief and Addendum) are seeking to have the reduced penalties in the Fair Sentencing Act of 2010 applied because their cases had not become final when the Fair Sentencing Act was passed.
Professor John Lande's article "Helping Lawyers Help Clients Make Good Decisions about Dispute Resolution" has been selected to appear in the "Best of ABA Sections" compilation in the March 2011 issue of GPSolo magazine. The magazine is published by the ABA General Practice, Solo and Small Firm Division. The "Best of ABA Sections" is a compilation of some of the best magazine, journal, and newsletter articles published by the ABA's sections, forums, and divisions. Professor Lande's article was first published on page 14 of Dispute Resolution, Fall 2010 (17:1) and is available on SSRN.
Professor Douglas E. Abrams was interviewed on November 28, 2010 on WFAN radio New York City. The subject of the interview was the termination of a high school soccer coach for questioning a school district policy on substance abuse. Listen to the interview here.
Professor Abrams also appeared on February 14th, 2010 to discuss cyberbullying, available at the above link.
The Law School congratulates the Arbitration Team of Andrew Blackwell, Anne Hucker, Jake Kohut, Ian Larson, and Katie Jo Wheeler on advancing to the regional finals of the ABA Arbitration Competition in Iowa City on November 20-21. The team's performance earned it a bid to the National Arbitration Competition in Chicago on January 21-22.
Professor Douglas E. Abrams has joined the Team of Experts of MomsTeam, a prominent national organization that provides advice and information for youth sports parents (http://momsteam.com/douglas-e-abrams). The Team of Experts has 16 national leaders in safety, health, nutrition, education, coaching, and related fields (http://momsteam.com/team-of-experts).
Beginning this month, Professor Abrams writes a regular column, "Youth Sports Hero of the Month," on the MomsTeam website. Each monthly column will "salute a youth sports parent, coach, player or team for inspiring us by doing something special…with values that set an example on and off the field." This month's inaugural column tells a story of extraordinary devotion and draws lessons from it.
Professor Abrams, a youth hockey coach for more than 40 years, is also a Champion of the Positive Coaching Alliance at Stanford University. He serves on the Board of Experts of the Center for Sports Parenting, which is part of the Institute for International Sport at the University of Rhode Island. In Missouri, he serves on the 15-member bipartisan Advisory Board of the Division of Youth Services, and on the board of directors of the Missouri Juvenile Justice Association.
Professor S. David Mitchell has been selected to be a Supreme Court of Missouri Faculty Fellow for 2011-2012. The Faculty Fellowship program offered by the Supreme Court of Missouri is a one or two semester program that provides an integrated professional development opportunity for Missouri university tenured faculty in a variety of fields. Initiated in 2010 by Dr. Mary Johnson at Southeast Missouri State (http://www.semo.edu/news/index_27836.htm), the Faculty Fellowship is designed to enhance government-university relations through the state judiciary. The purpose of the Faculty Fellowship is to collaborate with the Supreme Court of Missouri to serve the citizens of Missouri by promoting the administration of justice by enhancing the efficiency, effectiveness and integrity of the state judicial process and enhancing public understanding of that process. Professor Mitchell will be working with current Chief Justice Price and Judge Wolff on issues related to disenfranchisement and reentry across the State. More information on the fellowship program can be found at http://www.courts.mo.gov/page.jsp?id=39864.
On November 3, 2010, Dekalb County Senior Circuit Judge Warren E. McElwain granted habeas corpus relief to Dale Helmig who had been convicted for the 1993 murder of his mother. Helmig's defense attorney, Sean O'Brien, a University of Missouri-Kansas City law professor issued a news release (PDF) noting the instrumental role in the investigation by numerous clinical students at UMKC and MU law schools and the MU School of Journalism. See press coverage below.
MU Law's chapter of the American Constitution Society has been named chapter of the week by their national organization, The American Constitution Society for Law and Policy.
Professor Richard C. Reuben has filed an amicus brief in Jock v. Sterling Jewelers, 10-3247, in the U.S. Court of Appeals for the Second Circuit. The case tests whether a federal district court can vacate an arbitration award if a decision by the U.S. Supreme Court eviscerates the grounds upon which the arbitrator decided the issue. The brief submitted by arbitration scholars and the Chicago law firm Meites Mulder Mollica & Glink argues that permitting the court to engage in this kind of substantive review of an arbitration award undermines the finality of arbitration, and that even if it was appropriate, the arbitrator's decision complied with all legal standards at the time that it was issued and that's all it should be held accountable for.
Read the amicus brief here (PDF).
Tom Smith and Emmalee Miller
Brad Nolden and Amanda Yoder
On October 20th at 1:00 in Room 7, the International Law Society is sponsoring a talk by Dr. David Krieger (PDF) President of the Nuclear Age Peace Foundation. The talk is entitled: The Threat of Nuclear Omnicide: Legal? Moral?
MU Law invites all alumni home to Hulston Hall on Friday, October 22, from 1:00-3:00 p.m. If you're coming to Columbia for Homecoming, stop by the Law School for appetizers and a chance to meet current students. Dress casually (Mizzou gear encouraged!) and stay as little or as long as you like. So that we can order the right amount of food, please RSVP by October 15 to email@example.com. Hope to see you there — go Tigers!
On October 4, Professor S.I. Strong visited McGill University in Montreal, Canada, to speak on recent United States Supreme Court decisions concerning arbitration. The presentation was conducted under the auspices of a research grant provided to Professor Strong by the International Council of Canadian Studies (ICCS).
2010 Fall Moot Court
Best 2L Brief
Best 2L Oral Advocate
Best 3L Brief
Best 3L Oral Advocate
Katie Jo Wheeler
2010 Negotiation Competition
Caleb Grant & Aaron Mallonee
Andrew Hooper & Kyle Gottuso
Joe Blumberg & Abe Forth
Andrew Hooper & Kyle Gottuso
Aaron LaPlante & Henry Tanner
Brandon Bardot & Neal Griffin
Caleb Grant & Aaron Mallonee
Brad Nolden & Amanda Yoder
Spurgeon Smithson Award
acknowledging significant contributions to the administration of justice
Adjunct Professor of Law James R. Layton
Lon O. Hocker Award
trial practice award
John N. Koester Jr., '02
Defender of Distinction Award
to the public defender who exemplifies the ideal of public defense
Donald L. Catlett, '81
to recognize meritorious service to The Missouri Bar
John W. Maupin, '75
Hon. Karl A.W. DeMarce, '97
Darwin A. Hindman Jr., '61
Pro Bono Award
acknowledging outstanding pro bono activities
Willard C. Reine, '60
Missouri Association of Prosecuting Attorneys Prosecutor of the Year Award
Darrell L. Moore, '82
Tom Cochran Award
YLS award acknowledging outstanding community service activities by a lawyer
Associate Dean Jim Devine (posthumous)
YLS Pro Bono Award
Benjamin B. Nelson, '05
YLS Chairperson's Award
Heidi Doerhoff Vollet, '00
to legislators making significant contributions to the administration of justice
Sen. Jack A.L. Goodman, '98
The Law School congratulates James R. Layton, adjunct professor of law, on being named a Spurgeon Smithson Award winner. Professor Layton will receive the award at this year's Annual Meeting at the Missouri Bar Awards Reception and Banquet on October 1 in Columbia. The Spurgeon Smithson awards presented by the Missouri Bar Foundation recognize significant contributions to the administration of justice. Professor Layton is Missouri Solicitor General and teaches state constitutional law at MU Law School.
Several law school faculty members are slated to moderate or present programs at the 2010 Missouri Bar Annual Meeting on September 30 and October 1 in Columbia. MU law students may attend programs at no charge, but must register at the conference site, the Holiday Inn Select Executive Center.
Programs with MU Law participants:
Deputy Chancellor Michael Middleton will moderate the opening plenary session titled "Explore the Shifting Composition and Future Direction of the U.S. Supreme Court." This session will be held on Thursday, Sept. 30 from 8:30 - 10:00am.
Dean Larry Dessem is the moderator for the second plenary session on Thursday, 10:15-11:45am titled "Judicial Selection 2.0: The Many Faces of Merit - Safeguarding Judicial Integrity Now and in the Future."
Professor Rod Uphoff will be a panelist at the third plenary session, titled "Guilty Until Proven Innocent - The Human Stories, the Work of Lawyers and Journalists, and the Science Impacting Justice." This session will be held on Friday, Oct. 1 from 10:30 - Noon.
Hon. Deborah Daniels, adjunct professor of law, will be a presenter at a Probate, Trust &' Elder Law Track program titled "Hot Topics in Guardianship - Least Restrictive Environment, Limited Guardianships, Standby Guardianships" on Sept. 30, 4:10 - 5pm.
Professor Lori Levine, adjunct professor of law, will moderate a Family Law Track program titled "Unforeseen Implications: Enforcement Provisions of the UCCJEA" on Sept. 30, 2:10 - 3pm.
Dr. Michael Panella, adjunct professor of law, will be a presenter at an Emerging Issues Track program titled "Forensic Evidence in Court - The Science Behind Evidence, Its Admissibility and Expert Opinion" on Oct. 1, 8:30-9:20am.
Hon. Leslie Schneider, adjunct professor of law, will be at a Family Law Track program titled "Maintenance Revisited...Is the Concept Disappearing?" on Sept. 30, 3:10 - 4pm.
Wally H. Bley, Jr., President of the University of Missouri Law School Foundation, will moderate a Trial Practice Skills Track program titled "Trial Court Dos and Don'ts for the Young and the Not So Young Lawyer" on Sept. 30, 2:10 - 3pm.
In addition to the programs listed above, MU law students might want to consider attending "Top 10 Things I Wish I Knew My First Two Years of Practice" on Oct. 1, 1:30 - 2:30pm. As previously noted, MU law students may attend programs at no charge, but must register at the conference site.
On September 27 at 7:30pm, Professor Christina E. Wells visits the Robert J. Dole Institute of Politics in Lawrence, Kansas where she will serve as a panelist at a debate titled "Is Nothing Sacred: Snyder v. Phelps and Free Speech." The event is billed as a "'lively and civil debate presenting the arguments on both sides of the pending Supreme Court case, Snyder v. Phelps, a case that highlights the conflict between protesters' First Amendment right to freedom of speech and the rights of grieving families who wish to mourn their fallen sons and daughters in privacy and with dignity.'" Professor Wells, a First Amendment scholar and the Enoch H. Crowder Professor of Law at the University of Missouri, will be joined on the panel by Stephen McAllister, Solicitor General of Kansas and Professor of Law at KU. The moderator of the debate will be Bill Lacy, Director of the Dole Institute of Politics. The event is a Constitution Day Program co-sponsored by the School of Law and the Dole Institute of Politics.
Professor S. David Mitchell's article, "In With the New, Out With Old: Expanding the Scope of Retroactive Amelioration," 37 Am. J. Crim. L. 1, was recently cited in a Sentencing Memorandum in Support of Application of the Fair Sentencing Act of 2010, United States of America, v. Terry Alonza Brown, 2010 WL 3498890, U.S. Dist. Court, M.D. Florida (August 18, 2010). The article is available on SSRN.
Schedule of Events
11:00 - 11:50:
Student Talk/Workshop "Judicial Activism" (sponsored by ACS/Federalists/BLSA) (Room 3)
2:00 - 3:00:
Faculty Workshop: "Backlash: The Unpredictable and Occasionally Perverse Consequences of Court Decisions" (Room 332A)
7:00 - 8:30 p.m.
Public Coif Lecture: "Why Brown v. Board was a Hard Case: The Justices' Internal Deliberations" (Law School Room 7)
Professor S. David Mitchell recently served as moderator and panelist at the Third National People of Color Legal Scholarship Conference, "Our Country, Our World in a Post-Racial Era." Professor Mitchell served on a panel entitled: "From Pilot Study to Publication - Conducting Empirical Legal Scholarship from Start to Finish.
For legal academics, a growing scholarly trend is empirical legal research. For many, however, the prospect of engaging in such research is daunting, but it need not be. Conducting quality empirical research, quantitative or qualitative, is a matter of becoming aware of the many different methodologies and learning how to write up a manuscript for different audiences. The use of empirical legal research will not only provide a different approach to legal scholarship for the legal scholar, but it can also provide legal scholars with the opportunity to engage in the interdisciplinary study of law and have productive collaborations with colleagues in other disciplines, such as sociology, political science, economics, philosophy and a host of others. The assembled panel of scholars will use their own research projects and published materials to provide insight on methodology; navigating Institutional Review Boards (IRB); internal and external funding sources; and marketing manuscripts for publication in either law reviews or non-legal academic journals.
Other Panelists: Jennifer Robbennolt, University of Illinois, College of Law and Valerie Hans, Cornell Law School.
Professor Douglas E. Abrams has been named to the 15-member bipartisan Advisory Board of the Missouri Division of Youth Services (DYS).
The Advisory Board consists of public officials, professionals and representatives of the general public with knowledge and experience in health, education, social, correctional or legal services for children. Board members visit each DYS facility as necessary and provide linkages to the communities around the state. The Board educates citizens and public officials about the Division's activities, and about conditions observed concerning the care and treatment of children. The Board also advises the Division on policy priorities and other pertinent matters.
A division within the Department of Social Services, DYS has won national recognition for successfully transforming Missouri's juvenile justice system from a large institutional approach to a smaller, more humane approach focused on treatment and education. In 2008, DYS received the Innovations in American Government Award from the Harvard Kennedy School of Government, which said that, "As states across the nation grapple with the most effective ways to rehabilitate and reform juvenile offenders, Missouri demonstrates a truly unique approach to halting the pernicious cycle of youth delinquency...By offering youth and their families a community of support networks, these adolescents are able to succeed beyond what was ever deemed possible."
In 2006, Professor Abrams wrote an article in the Oregon Law Review concerning the need for reforming state juvenile justice treatment programs, with special emphasis on the blueprint for successful reform set by Missouri's DYS: http://www.law.uoregon.edu/org/olr/archives/84/844abrams.pdf. He has also written a book, A Very Special Place in Life: The History of Juvenile Justice in Missouri (2003).
Professor Abrams also serves on the board of directors and the executive committee of the Missouri Juvenile Justice Association, which promotes justice for children, youth and families.
On October 1, Professor Douglas E. Abrams will speak at a symposium on elementary and secondary school cyberbullying, which will be held at the New England School of Law in Boston. The symposium will be conducted by the New England Journal on Criminal and Civil Confinement.
Cyberbullying occurs when students repeatedly target a classmate with threats, rumors, gossip or insults through such technology as email, instant messaging, blogs, social networking sites, or even websites featuring the victim. With thousands of students suffering cyberbullying each year in the United States, the American Medical Association and the National Institutes of Health have identified school bullying as a "public health crisis." The World Health Organization has called bullying a "major public health problem" and a "psychosocial hazard" worldwide, and UNICEF has even suggested that bullying without meaningful intervention by protective authorities may sometimes violate a child's human rights under international law.
The Symposium's schedule of speakers, with a link to Professor Abrams' 2009 article on "A Coordinated Public Response to School Cyberbullying," is available at http://www.nesl.edu/students/Symposium2010.cfm.
At Law Day on Saturday, September 11th, with family, friends, and former students in attendance, our beloved late colleague and mentor Jim Devine was awarded the Distinguished Non-Alumnus Award. The Law School congratulates all of this year's awardees.
Citation of Merit
Kimberly Jade Norwood, '85
Ronald E. Smull, '66
Craig A. Van Matre, '70
Distinguished Recent Graduate
Jason C. Grill, '04
James R. Devine
Honorary Initiate, Order of the Coif
Jack L. Campbell, '70
Honorary Initiate, Order of Barristers
Susan Ford Robertson, '86
Husch Blackwell Distinguished Faculty Award
Loyd E. Roberts Memorial Prize
Melody Richardson Daily
Shook, Hardy & Bacon LLP Excellence in Research Award
Judge L.F. Cottey Advocacy Award
Daniel W. Graves (2L)
2010 Coif Initiates
Michael B. Barnett
J. Ryan Boatright
Zachary A. Crowell
Bradley S. Dixon
Bethany R. Findley
Aaron M. Klusmeyer
Kevin J. Lorenz
William E. Peterson
Justin D. Smith
Sean A. Smith
John C. Steffens
Dana L. Strueby
Scott T. Swanger
Carrie B. Williamson
2010 Barristers Initiates
Jennifer M. Arch
Cole D. Bradbury
Ashley P. Brittain
Jenny J. Brown
Carolyn R. Hamilton
Chelsea R. Mitchell
Meghan N. Prideaux
Erin P. Seele
Justin D. Smith
Beverly L. Taylor
Professor S.I. Strong has been named as a Visiting Fellow for 2011 at the Lauterpacht Centre for International Law at the University of Cambridge in the United Kingdom. During the fellowship period, Professor Strong will conduct research on international arbitrations involving mass claims and state or quasi-state parties in the non-investment context. Particular attention will be paid to the ground-breaking Abyei Arbitration, which was heard at the Permanent Court of Arbitration at The Hague in 2009, although Professor Strong will also investigate the extent to which a similar type of dispute resolution mechanism could be used in other mass conflict situations. The research findings will be included in Professor Strong's upcoming book, Class Arbitration and Collective Arbitration: Mass Claims in the National and International Sphere, to be published in 2012 by Oxford University Press. More information on the Lauterpacht Centre can be found here.
The Young Lawyers' Section of the Missouri Bar will posthumously honor the late MU Law Professor Jim Devine with the 2010 Tom Cochran Award at the Annual Meeting this fall. The annual award acknowledges outstanding community service activities by a lawyer. Professor Devine died of a sudden heart attack last May.
Professor Christina Wells has been quoted recently in the Wall Street Journal Law Blog and USA Today on Snyder v. Phelps, a first amendment case pending before the United States Supreme Court. Professor Wells, a free speech law expert, has, with other leading first amendment scholars, filed an amicus brief in the Supreme Court of the United States in support of protecting the offensive speech at issue in Snyder v. Phelps. Charles F. Smith from Skadden Arps, where Professor Wells was an associate, is counsel of record. The brief filed on July 14 can be found at Professor Wells' web site or from the American Bar Association.
Professor Dennis Crouch author of Patently-O Blog was quoted in the August 31, 2010 Wall Street Journal in an article about Microsoft co-founder Paul Allen's patent infringement lawsuits against Google, Yahoo, and others. Subscription required.
The University of Missouri School of Law was recently granted Recognised Course Provider status by the Chartered Institute of Arbitrators (CIArb) for four courses in Missouri's juris doctor program: Lawyering, International Commercial Arbitration, Arbitration, and Arbitration and Labor Problems. With this step, Missouri joins a select group of world-renowned universities who have been granted course provider status by CIArb. In fact, Missouri is the first and thus far only US law school to be named a Recognised Course Provider for courses offered during the regular academic year. For more information on CIArb, click here.
MU Press Release (PDF)
Interested in London Law program for Spring, 2011? Informational meeting will be Monday, September 1 at 1:00 in Room 5. Information about the program is available at the Law School's Semester in London, England page and at http://www.law.uiowa.edu/academics/london/index.php.
The Law School congratulates Judy Tayloe and Alan Whitman who were recently honored for outstanding service to the law school. Tayloe, Executive Staff Assistant to Dean Dessem, is the recipient of the 2010 Patty H. Epps Award. The Epps award is presented to a staff member who honors the memory of Patty H. Epps with exceptional public service, cheerfulness, and indomitable spirit and dedication to the School of Law. Whitman, Web Support Specialist, is the recipient of the 2010 Jo Ann Humphreys Law Library Employee Performance Award. The Humphreys award is presented to a law library staff member who honors the memory of former law library associate director, Jo Ann Humphreys. This award is given for outstanding contributions to the law school community that enhance the quality of law school life and purpose through support of its core teaching, research and service activities.
The University of Missouri School of Law has joined the Institute of Transnational Arbitration (ITA) as an institutional member and counts two of its faculty members - Professor Ilhyung Lee and Professor S.I. Strong - as ITA Advisory Board Members. The ITA is active in providing advanced continuing education for practitioners, arbitrators, judges and other professionals involved with transnational arbitration of commercial and investment disputes.
In her life outside of the law school, Professor Martha Dragich is a passionate cook whose cuisine emphasizes local, fresh and healthy ingredients. She obtains almost all her food from the Columbia Farmers Market, site of a recent Iron Chef competition in which Professor Dragich participated as a sous chef. Columbia Daily Tribune coverage is available here.
Jerri Zhang, Coordinator of Diversity Programs and Academic Success at MU Law, has been selected for the Missouri Bar 2010-2011 Leadership Academy. Also joining her will be MU Law alumni J. Zachary Bickel ('06), Darryl M. Chatman, Jr. ('08), Susan Henderson Moore ('03), Jason McClitis ('09), Jessica Mikale ('03), and Kate E. Noland ('08). Leadership Academy Alumni are listed here.
Assistant Dean Tracy Gonzalez has accepted a position in the Office of Boone County Prosecuting Attorney. During her two years as Assistant Dean, Gonzalez accomplished the integration of student services, admissions, and career development and recruited great students to the law school. Dean Dessem has appointed Paul Ladehoff, Interim Assistant Dean for Admissions, Career Development and Student Services for the fall semester. Ladehoff is currently Director of Training Programs, Center for the Study of Dispute Resolution and Director of the Campus Mediation Service. His primary area of focus and expertise in campus mediation has been facilitating group decision-making and conflict resolution for UM employees experiencing workplace conflict. Ladehoff is a 1994 graduate of the UNL College of Law and litigated environmental cases for the U.S. Department of Justice for several years. Prior to coming to Columbia, he was Executive Director of The Central Mediation Center in Kearney, Nebraska. The Law School thanks Dean Gonzalez for her numerous contributions and congratulates her on her new position. Dean Gonzalez's last day at the law school will be Friday, August 27. Interim Dean Ladehoff will assume the duties of the position then.
For Immediate Release: August 18, 2010
Contact: Paul Ladehoff 573-884-7813
COLUMBIA, MO -- The job market has been tough for law students across the country. Now, the University of Missouri School of Law will expand career efforts and outreach on behalf of students. The law school recently finalized a plan to further solidify its career development department by creating two new positions.
The school has created two coordinator positions. Erika Fadel was hired in May as the public interest/public service coordinator. Though the department will work cohesively, Fadel's background will allow her to facilitate the job search for students pursuing public interest work.
To complete the transition, the school hired Allison Fasel to develop contacts within small and mid-sized firms.
The Career Development team's first step will be to continue cultivating a strong network within the state, which will lead to the ultimate goal of establishing even stronger contacts throughout the country. In addition to the strong MU Law presence in all types of practice settings in Missouri, a 2008 study by the National Law Journal listed the school within the top one-third of law schools in the nation with respect to graduates in the country's 250 largest law firms.
Both Fadel and Fasel carry impressive pedigrees. Fadel received her master of divinity from Boston University and her law degree from Southern Methodist University. After graduating magna cum laude from Duke University, Fasel pursued her law degree at the University of Virginia. They will join an existing staff of three individuals working in other areas of career development, including large law firm employment.
The Law School is pleased to announce the following new full-time legal writing and visiting faculty members joining the law school in 2010-2011: Rachel M. Heald, Legal Writing Associate Professor, Carlin N. Conklin, Visiting Associate Professor of Law, Charles D. Henson, Visiting Professor of Law, Nicholas J. Spaeth, Visiting Professor of Law, and Ben L. Trachtenberg, Visiting Associate Professor of Law.
Professor S.I. Strong has been named by The Hague Institute for the Internationalization of Law (HIIL) and The Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS) as the Henry G. Schermers Fellow for 2011-2012. The Henry G. Schermers Fellowship, which is offered jointly by HIIL and the NIAS, brings prominent senior scholars in law and the social sciences to The Hague to work on research of international importance. During the fellowship period, Strong will continue her work in class and collective arbitration, a subject of growing importance on the national and international stage, by researching the manner in which public and private actors utilize arbitration to address large scale legal injuries. During her time in The Netherlands, Strong hopes to coordinate with peers at a number of The Hague's world-renowned legal institutions, including the Permanent Court of Arbitration and the Netherlands Arbitration Institute, as well as the outstanding researchers based at HIIL itself. Strong has published widely in the area of international commercial arbitration and is in the process of writing a book, Class Arbitration and Collective Arbitration: Mass Claims in the National and International Sphere, which will be published in 2012 by Oxford University Press. More information on the Henry G. Schermers Fellowship can be found at the HIIL website.
Professor Christina E. Wells' latest publication "Regulating Offensiveness: Snyder v. Phelp, Emotion, and the First Amendment is available on SSRN and will be published in the online version of the California Law Review, "The Circuit". Professor Wells, a free speech law expert, has, with other leading first amendment scholars, filed an amicus brief in the Supreme Court of the United States in support of protecting the offensive speech at issue in Snyder v. Phelps. Charles F. Smith from Skadden Arps, where Professor Wells was an associate, is counsel of record. The brief filed on July 14 can be found at Professor Wells' web site or from the American Bar Association . Wells' North Carolina Law Review article, Privacy and Funeral Protests, is available on SSRN. Additional publications by Professor Wells are listed here.
Professor S.I. Strong has had an article entitled "From Class to Collective: The De-Americanization of Class Arbitration" accepted for publication in 26 Arbitration International __ (2010). The piece discusses the likely expansion of large-scale group arbitration beyond U.S. borders and considers the various forms that those procedures - described as "collective arbitration" to distinguish the actions from U.S. class arbitrations - will take. The analysis also addresses the international enforceability of awards arising out of new forms of collective arbitration.
Selected Media Placements:
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The American Review of International Arbitration, the only peer-reviewed journal of its type in the United States, has just published a new work by Professor S.I. Strong entitled "Research in International Commercial Arbitration: Special Skills, Special Sources." The article helps deepen the understanding of the practice of international commercial arbitration by describing how experienced international advocates and arbitrators research, present and consider legal arguments in this unique field of law. The article can be found at 20 The American Review of International Arbitration 119 (2010) and is available on SSRN here.
Professor Christina E. Wells, Enoch H. Crowder Professor of Law, has put together a group of law professors who teach and write on the First Amendment to file an amicus brief in the Supreme Court of the United States in support of protecting the offensive speech at issue in Snyder v. Phelps. The University press release is here. The brief filed on July 14 can be found at Professor Wells' web site or from the American Bar Association. The case will be heard early in the October term. It involves the question of whether the First Amendment allows tort liability for intentional infliction of emotional distress and invasion of privacy for the Westboro Baptist Church's protests near a military funeral. The Atlantic Wire, York Daily Record, and PrawfsBlawg are reporting this story. Professor Wells' 2008 North Carolina Law Review article titled "Privacy and Funeral Protests" is available on SSRN.
Larry Dessem, dean of the University of Missouri School of Law, appointed Professor Rafael Gely as the school's associate dean for academic affairs, effective immediately. The position was vacant following the unexpected death of Dean James Devine in May. Dean Gely is entering his third year at the MU School of Law.
Dean Devine's absence has left a noticeable void at the School of Law; however, Dean Gely will help by bringing his 20 years of teaching experience and amiable personality to the position.
One of Gely's former students recalls a time where he noticed Gely's inviting personality. Less than a week after his first class, the student says Gely waved to him from across the street.
"He has hundreds of students every year, and I was dressed in completely different clothes," the student said. "It made such a great impression on me."
The position will place Dean Gely in charge of facilitating a successful school year by assisting students and faculty. In addition to his duties as associate dean, Gely will teach contracts, a first-year law class, in the fall.
Dean Dessem is confident he made the right choice. "Professor Gely is a wonderful classroom teacher, an exciting legal scholar and a terrific law school colleague," Dessem said. "He will be similarly successful as associate dean for academic affairs, and we all look forward to working with him in his new position."
Professor S.I. Strong's article Jurisdictional Discovery in United States Federal Courts, 67 Wash.& Lee L. Rev. 489, 557 (2010) has been cited in Pretka v. Kolter City Plaza II, Inc., __ F.3d. __, 2010 WL 2278358 (11th Cir. 2010). The article is available here. Additional publications by Professor Strong are listed here.
Edward Peters, '82, has been named a "Referendary", or designated canonical advisor, to the Supreme Tribunal of the Apostolic Signatura in Rome. The Signatura is the Catholic Church's highest court, second only to the pope in matters of ecclesiastical law. Peters is the only American among the dozen referendaries now serving, and he is the first layman to hold the post in at least 100 years. Peters, who has also been active as a defense expert in a number of tort cases filed against the Holy See, teaches canon law at Sacred Heart Major Seminairy in Detroit. He and his family live just outside Ann Arbor, MI.
Professor Dennis Crouch is featured in an InfoTech Journal article spotlighting his recent empirical work on a dramatic rise in the patent grant rate. An article in Corporate Counsel Magazine focuses on Crouch's recent publications regarding the timing of Supreme Court decisions as well as the recent "plague" of inequitable conduct allegations in patent litigation.
On June 2nd, Professor S. David Mitchell and David Brunsma gave a presentation to the Citizens Police Review Board entitled "How Racial and Ethnic Scripts Impact Interactions Between Law Enforcement and the Public." Read the Missourian story here.
This spring, the Law School's Association of Intellectual Property and Entertainment Law (AIPEL) helped to sponsor a workshop for artists at the Orr Street Studios in Columbia. The workshop was done in cooperation with the St. Louis chapter of Volunteer Lawyers and Accountants for the Arts (VLAA). Patrick Barnacle (3L) presented an overview of copyright law to a group of about twenty local artists. Afterwards, Patrick along with Jay Johnson (2L), Caroline Pinkston (2L), and Professor Dennis Crouch held a roundtable discussion with an extensive question and answer session. Anyone interested in AIPEL can contact firstname.lastname@example.org.
Statement from Dean Larry Dessem: It is with a very heavy heart that I share the news that our long-time colleague, friend, and mentor, Associate Dean Jim Devine, died this afternoon of a heart attack. He was, not unexpectedly, with fellow lawyers and faculty at a meeting of the Boone County Bar Association. Also not unexpectedly, my last conversation with him had been about our students - for whom he cared so deeply and to whom he devoted his life and professional career. More details will be forthcoming as we get them. Our thoughts and prayers go out to Dean Devine's wife, Sharon Devine, and their three sons, Zach, Josh, and Noah.
View Dean Devine's Obituary Here
2010-2011 MU Law ACLU Board
President: Reshad Staitieh
Vice President: John Costell
Secretary: Ty Harden
2010-2011 ACS Missouri Chapter Executive Board
President: Stephan Tomlinson
Vice President: Jose Caldera
Treasurer / Secretary: Sam Buffaloe
Programming Coordinator: Sarah Felts
Social Director: Vanessa Starke
Diversity Coordinator/Organizational Liaison: Wes Dickman
2010-2011 ADRO Officers
3L Chair: Jon Cooper
2L Chair: Nathan Atkinson
Secretary: Bynna Lindner
Treasurer: Katie Jo Wheeler
Webmaster: Jessie Long
Member-at-Large: Michael Matthews
Professor S.I. Strong was quoted in the Global Competition Review (subscription required) concerning the Supreme Court decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. Two of Professor Strong's publications were cited in papers submitted to the Court. The decision, which reversed the Second Circuit 5-3, was handed down on April 27, 2010. The article can be found here.
2010-2011 Board of Advocates
Chair: Larry Hall
Judging Directors: Tanya Horvath & Whitney Miller
Finance Director: Ty Harden
Writing Director: Allison Singh
Inter-School Competition Director: Brad Nolden
Regional Competition Director: Amanda Yoder
Polsinelli Shughart Fall Moot Court Directors: Mary Cile Glover-Rogers & Darin Shreves
Negotiation Competition Director: Cara Luckey
Client Counseling Competition Director: Sam Buffaloe
Mock Trial Competition Director: Holly Cole
Mediation Competition Director: Joe Wright
1L Moot Court Directors: Jessie Long & Katie Jo Wheeler
Members At Large:
Board of Advocates Candidates
2010-2011 BLSA Executive Board
President: Karma Jenkins
Vice President: Camille Roe
Treasurer: Lindsey Jones
Secretary: Anthony Brown
Parliamentarian: Lawrence Higgins
Social Chair: Shawn Hoover
2010-2011 HATTS Officers
Trial Director: Chirag Shah
Assistant Trial Director: Megan Dittmann
Writing Director: Sharon Geuea Jones
Outreach & Advertising Directors: Neal Griffin & Elizabeth Russell
Costume Director: Sabrina Bennett
2010-2011 Phi Alpha Delta Board
Justice: Whitney Miller
Vice Justice: Thomas Smith
Clerk: Joseph Burch
Treasurer: Cassie Schurman
Marshall: Jacob Westen
Social Chairs: Jennifer Artman & Ryan Van Pelt
President: Lindsay Ponce
Vice President: Nicki Walsch
Secretary: Melanie Myears
Treasurer: Megan Dittman
Internal Relations: Katie Vogt
External Relations: Laura Browne
Auction Logistics: Ashley Cuttle
Auction Donations: Katie Hardt
Service Chair: Paige Oster
Speaker Chair: Sabrina Bennet
The Supreme Court of Missouri has adopted amendments to Rule 8, effective July 1, 2010, to adopt the Uniform Bar Examination (UBE). The first administration of the UBE in Missouri will be the February 2011 examination.
The UBE will consist of six Multistate Essay Exam (MEE) questions, two Multistate Performance Test (MPT) items, and the Multistate Bar Exam (MBE). The UBE questions will be graded according to the law of general application and not the law of any specific state. The following areas of law may be tested on the UBE: Business Associations [Agency and Partnership; Corporations and Limited Liability Companies], Conflict of Laws, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family Law, Federal Civil Procedure, Real Property, Torts, Trusts and Estates [Decedents' Estates; Trusts and Future Interests], and Uniform Commercial Code [Negotiable Instruments (Commercial Paper); Secured Transactions]. Some questions may include issues in more than one area of law.
Applicants for admission by examination (UBE) shall complete the educational course on Missouri law prescribed by the Board and approved by the Supreme Court of Missouri. Further information about the educational course will be posted here prior to September 1, which is the first date applications for the February 2011 examination will be accepted.
Professor S.I. Strong was recently elected to the Executive Committee of the North American Branch of the Chartered Institute of Arbitrators (CIArb), an international organization for practitioners, policy makers, academics and businesspersons concerned with the cost-effective and early settlement of disputes. Based in London, CIArb provides education and training for arbitrators, mediators and adjudicators around the world through its regional and branch offices.
Professor Rigel Oliveri will speak at a local Fair Housing Symposium, in honor of Fair Housing Month. The symposium is 9:00 am -12:30 pm, on Thursday, April 22, at the Sanford-Kimpton Building, 1005 W. Worley Street, Columbia, Missouri. The symposium is free to the public.
Professor Dennis Crouch was quoted in the April 7, 2010 edition of the Chronicle of Higher Education (subscription required) about a case involving patent claims on genes linked to cancer in women. Read more about the case in Professor Crouch's Patently-O Blog.
The Missouri Court of Appeals, Western District will convene court at the University of Missouri School of Law on Thursday, April 8, 2010, Chief Judge Thomas H. Newton announced today.
A three-judge panel consisting of Mark D. Pfeiffer, Victor C. Howard and Alok Ahuja will hear oral arguments at Hulston Hall in four cases beginning at 9:30 a.m.., Newton said.
He explained that 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, he said. The judges will read written arguments before the court session, he added, and may interrupt the attorneys' arguments with questions.
The three judges will recess sometime in between arguments to step down and discuss the court system and generally explain proceedings, Newton said.
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.
Pfeiffer will preside over the proceedings in Columbia. He was appointed to the Western District in May 2009. Previously, he practiced law in Springfield and Columbia. He continues to reside in Columbia. Howard practiced law for 15 years in Liberty and then served as a trial judge in Clay County for three and one-half years prior to his appointment to the court of appeals in 1996. Ahuja was appointed to the court in December 2007. Before his appointment, he practiced law for 19 years in Washington D.C. and Kansas City.
During the past nineteen years, the Court has held sessions in Chillicothe, Clinton, Columbia, Fulton, Gallatin, Huntsville, Independence, Jefferson City, Kirksville, Lexington, Liberty, Linneus, Macon, Marshall, Maryville, Nevada, Platte City, Richmond, St. Joseph, Savannah, Trenton, Tuscumbia and Warrensburg.
"It is important for the Court to convene oral arguments outside of Kansas City," Pfeiffer 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.
Order Of The Barristers 2009-2010
Advocacy Awards And Prizes
Fred L. Howard Prize For Excellence In The Advancement Of Advocacy
Carolyn Hamilton, Ashley Britain, Erin Seele
Roscoe Anderson Award For Excellence In Advocacy
Cole Bradbury, Carolyn Hamilton, Chelsea Mitchell, Justin Smith, Dana Strueby
Allen H. Parke Award For Excellence In Trial Advocacy
Recent coverage of Professor Philip G. Peters, Jr.'s candidacy for the Columbia Board of Education includes profiles in the Columbia Daily Tribune and the Columbia Missourian; a KBIA interview; and endorsements of Peters by Trib columnist Hank Waters and by the Columbia Black Roundtable.
Professor Peters served as Executive Director of First Chance for Children while on leave from the Law School in 2008-2009.
Professor Christina E. Wells, a first amendment expert and scholar, is quoted extensively in a recent Southern Poverty Law Center magazine article about 'true threats' and the law involving trials of two white supremacists in federal court. The article "Threats and Punishment" appears in the Spring 2010 issue of Intelligence Report here.
Professor Christina E. Wells' essay "State Secrets and Executive Accountability" is forthcoming in CONSTITUTIONAL COMMENTARY, a University of Minnesota faculty-edited law journal. The essay, available on SSRN, was part of a symposium at the University of Minnesota School of Law on use of executive power in the first year of the Obama administration. Professor Wells' complete list of publications is available on her faculty publications page.
Professor Dennis D. Crouch's forthcoming empirical study of the role of the written description requirement in patent prosecution was cited by both the dissent and concurrence in Ariad Pharma. v. Eli Lilly and Co., ___ F.3d ___ (Fed. Cir. 2010)(en banc). The March 22, 2010 opinion is available here and discussed on Professor Crouch's Patently-O Blog here. The en banc decision questioned whether the "written description" doctrine should remain as a separate and distinct requirement of the patent laws. Professor Crouch presents a set of empirical data indicating that the current "impact of the separate written description requirement is negligible" in "An Empirical Study of the Role of the Written Description Requirement in Patent Prosecution," 104 NORTHWESTERN UNIV. L.R. (Online) ___ (2010) (forthcoming). The article is available on SSRN.
Academic success has always been a focus for students at the University of Missouri School of Law. Now students will have even more help achieving their educational goals. The School of Law plans to enhance its support of students by creating a program in which an instructor and upper-division students work with first-year students to ensure academic success.
This is made possible due to generous grant from the Shook, Hardy & Bacon Foundation. The MU School of Law is one of only four law schools nationwide to receive this grant to support diversity programs.
"We are thrilled that the MU School of Law has received this diversity grant from the Shook, Hardy & Bacon Foundation," Larry Dessem, dean of the MU School of Law, noted. "These funds will enable us to provide even more opportunities for our students, as we work with the SHB Foundation on the issue of student diversity, which is so crucial to our success as a law school and to the legal profession."
The Shook, Hardy & Bacon Foundation provided the grants to promote diversity programs that provide tutoring and summer judicial internships, among other forms of support. "The mission of the SHB Foundation is to increase diversity in the legal workforce," said SHB Foundation Chair Jay Simpson. "This new grant program should further that goal by making sure that the law students are prepared to enter the workforce upon graduation. The foundation also intends to continue its program of funding diversity-related scholarships at the law schools."
Professor Richard C. Reuben is quoted in the March 17th Joplin Globe on a Cole County lawsuit against a Joplin-based utility company. The lawsuit asks a Cole County judge to invalidate a legislative exemption to the rebates sought in the lawsuit. Read Professor Reuben's comments in the Joplin Globe on Westlaw at 2010 WLNR 5695863.
Mallory "Mal" Mayse will receive a lifetime achievement award honoring his work for the Missouri State High School Activities Association (MSHSAA). The award will be given during halftime at the Class 3A boys basketball state championship game on Saturday, March 20, 2010. The game starts at 1:40 pm at Mizzou Arena.
Professors S. David Mitchell and Christina E. Wells were interviewed by KBIA on March 15th about the "Cotton Ball" incident at the Gaines/Oldham Black Culture Center. The KBIA podcast is available here.
Maurice "Marcy" Graham has been selected to receive the Award of Honor by the Lawyers Association of St. Louis. The Award of Honor is given each year to an outstanding trial attorney whose service to the profession and community merits recognition as an example to inspire others to similar service. Graham will be honored at a 6:30 p.m. April 24 dinner at the Sheraton St. Louis City Center Hotel & Suites.
Read more (subscription access required)
On March 12, MU Law will host its 5th Annual Small Firm & Public Interest Expo. Judges, judicial clerks, and attorneys in government, not-for-profits, and firms of less than 25 lawyers will network with law students and attend a free CLE. Networking sessions are from 12:30 - 2:00pm, and the CLE will be held from 2:00 - 4:00 pm. For additional information, please contact 573-882-7386.
Congratulations to Professor Christina E. Wells and to third year law student Sara Lynn Kelly. Both will be recognized at the 2010 Tribute to MU Women awards ceremony this Thursday, March 11th at 3:00 - 4:30 in Stotler Lounge, Memorial Union.
The Tribute to MU Women honorees are nominated by members of the MU community, and must be active MU faculty, staff or students, who have:
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Across the country, state systems for delivering representation to indigent criminal defendants are in crisis. Inadequate funding for indigent defense systems in many states results in oppressive caseloads, low salaries, poor working conditions, insufficient access to investigators and experts and, ultimately, burned out indigent defenders. Not surprisingly, the indigent criminal defendants bear the true costs of being represented by under-resourced, exhausted indigent defenders: ineffective assistance of counsel. Broke and Broken: Can We Fix Our State Indigent Defense Systems, The Missouri Law Review 2010 Symposium, will gather academics and practitioners to explore the underlying causes of our failing indigent defense systems, consider ethical considerations arising from overburdened systems, and discuss potential solutions.
Stephen Bright, president and senior counsel of the Southern Center for Human Rights will be the Symposium's keynote speaker. Both Bright and the Center he runs are well-known champions of the rights of indigent defendants. Bright has initiated various litigation, education and advocacy efforts to establish and reform indigent defense systems. Described as "the most implacable and visible crusader for better legal defense for the poor," Bright was named the 2003 "Newsmaker of the Year" by the Fulton Daily Law Report, Georgia's legal newspaper, for his significant contribution to the creation of a public defender system in Georgia. A former public defender himself and a regular lecturer at Yale, Harvard, and Georgetown, Bright has twice argued and won cases in the U.S. Supreme Court. Bright has received a number of awards, including the American Bar Association's Thurgood Marshall Award in 1998 and a Lifetime Achievement Award from National Association of Criminal Defense Lawyers in 2008.
The rest of the symposium will consist of three panels. First, Boots on the Ground: The Ethical and Professional Battles of Indigent Defenders will discuss a lawyer's ethical and professional duties to his or her clients in light of extremely demanding caseloads or a lack of resources. Next, Anatomy of a Indigent Defense System will discuss the organization and administration of a indigent defense system and the successes and failures of various state configurations. Finally, Patching the System: The Next Steps in Reform will focus on discussing the process for moving forward, including not only the legislature's responsibility to appropriate money, but also what action judges and attorneys can or should take when the legislature refuses or is unable to act. Each panel will include three presenters and two commentators, and each presenter will draft an article for the symposium issue of the Missouri Law Review. The symposium will begin at 8:00AM on Friday, February 26th at Hulston Hall on the University of Missouri campus.
For more information visit the Symposium Website.
On Monday, February 22nd, the Law School will host a panel discussion at 1:00 pm in the Courtroom about the recent Supreme Court decision in Citizens United v. FEC (PDF), which overturned longstanding campaign finance restrictions as they apply to corporations.
The panelists are Professor Richard Reuben, an expert in election law; Professor Jeff Milyo, who specializes in political economics; and Representative Chris Kelley, who represents Boone County in the Missouri Legislature.
Professor S.I. Strong was recently awarded a grant from the International Council of Canadian Studies (ICCS) to study class actions and class arbitrations involving Canadian parties. The research, which covers both domestic and cross-border disputes, will be the subject of a research paper to be presented in the coming year. The work will also appear in Professor Strong's forthcoming book on class and collective arbitration, which will be published by Oxford University Press.
On January 13, 2010, the International Institute for Conflict Prevention and Resolution ("CPR") awarded the Center for the Study of Dispute Resolution at the University of Missouri School of Law the CPR's 2009 "Problem Solving in Law School Award". Read the University of Missouri press release here.
Congratulations to the CSDR faculty and staff for their dedicated service and this outstanding national award: Bob Bailey (director), Jim Levin (associate director), Laura Coleman, Jim Devine, Rafael Gely, Phil Harter, Paul Ladehoff, John Lande, Ilhyung Lee, Peggy McGuinness, Karen Neylon, Richard Reuben, S.I. Strong, Rod Uphoff, and Jim Westbrook.
Professor S.I. Strong is the co-recipient of the International Institute for Conflict Prevention and Resolution's 2009 award for Best Original Professional Article, for her article The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?, 30 MICHIGAN JOURNAL OF INTERNATIONAL LAW 1017 (2009). Read the University of Missouri press release here and Professor Strong's winning article available on SSRN.
Professor Carl Esbeck was recently quoted in Christianity Today in a piece by John W. Kennedy titled Land and Building Wars: A handful of parishes win the right to keep their property, but legal experts don't know if their cases are setting a precedent. Read the posting and Professor Esbeck's comments here.
Professor Frank Bowman was among several leading legal experts quoted in a December 28, 2009 Texas Lawyer article by Jenna Greene, "The Decade: Accounting Scandals Flood the Court". The article is available to subscribers here and on Westlaw at 2009 WLNR 26003153.
Please save the date for MU Law's 5th Annual Small Firm & Public Interest Expo: Friday, March 12, 2010 in Hulston Hall. Judges, judicial clerks, and attorneys in government, not-for-profits, and firms of less than 25 lawyers will be invited to network with law students and attend a free CLE. Law students who attend the networking break-out session may receive their choice of Career Component or Professional Perspectives credit. The Networking Reception with Students is at 12:30 - 2:00 p.m., followed by the Complimentary CLE at 2:10 - 4:00 pm.