News Archive

School of Law Closed for Christmas, New Year's Holidays

December 24, 2012

The School of Law and the University of Missouri will be closed on Tuesday, December 25, and Tuesday, January 1, in observance of the Christmas and New Year's Day holidays, respectively.

In addition, the Law Library will be closed from December 22 to December 25, as well as from December 29 to January 1. Please note that Law Library hours are also adjusted over intersession (December 16 to January 15).

Panel Created by Prof. Trachtenberg Selected for AALS Annual Meeting

December 21, 2012

Each year the Association of American Law Schools (AALS) solicits proposals for "hot topic" panels to be presented at the AALS annual meeting in January. This year, a panel created by Prof. Ben Trachtenberg was selected by the organization.

"Transparency Revisited: New Data, New Directions," will be included in the AALS annual meeting schedule in January 2013. The speakers will include:

• Deborah J. Merritt, The Ohio State University Michael E. Moritz College of Law
• Scott F. Norberg, American Bar Association Section on Legal Education and Admission to the Bar
• Jerome M. Organ, University of St. Thomas School of Law
• Jeffrey E. Stake, Indiana University Maurer School of Law

Panelists will discuss law school transparency. In particular:

"Over the last two years, pressure has mounted for law schools to disclose more detailed employment statistics. High-profile incidents also generated concern about inaccurate - and even intentionally falsified - admissions data released by law schools. These events led most law schools to embrace a new era of transparency, one in which they attempt to publish more accurate and extensive statistics.

"Recent events, however, have demonstrated that transparency creates as many issues as it resolves. Should the ABA audit statistics published by law schools? How should new ABA rules be interpreted and enforced? Should the AALS publish best practices for schools to follow? Does (or should) publishing misleading data violate legal ethics rules? Do law schools have an obligation to move beyond existing data and gather longitudinal information about the success of their graduates? As schools attempt to tap new applicant pools (such as foreign students, second-career, and dual-degree candidates), what information should they provide to those prospective students? What information should accompany scholarship offers? Should NALP, the ABA, or individual law schools publish job outcomes differentiated by race, gender, age, and/or disability status? And how might new disclosures actually affect the behavior of prospective law students—what information matters to applicants?"

Prof. Esbeck Quoted by Christianity Today in Article About Campus Recognition of Religious Student Groups

December 13, 2012

Prof. Carl Esbeck was recently quoted by Christianity Today. The article, "InterVarsity Wins Key Nondiscrimination Battle at Tufts," describes a decision by Tufts University to return Tufts Christian Fellowship to official student organization status. Last fall, the university restricted the group's status because it required its leaders to adhere to its statement of faith.

Professors Hawley Recognized in Federalist Society Competition

December 12, 2012

Two Mizzou Law faculty members, Prof. Joshua Hawley and Prof. Erin Morrow Hawley, were selected as winners of the Federalist Society's national Young Legal Scholars Paper competition. Prof. J. Hawley was selected for his article on the Twelfth Amendment, "The Transformative Twelfth Amendment." Prof. E. Hawley was selected for her article on clear statement rules in jurisdictional statutes, "Jurisdictional Quandaries: A Way Forward."

The professors will present their papers to the Federalist Society's faculty meeting during the Association of American Law Schools' annual meeting in January.

"Title VII Works — That's Why We Don't Like It:" Prof. Henson in University of Miami Race & Social Justice Law Review

December 6, 2012

Prof. Chuck Henson published "Title VII Works — That's Why We Don't Like It" in 2 University of Miami Race & Social Justice Law Review 42 (2012). The article analyzes Title VII's legislative history and concludes that Title VII and the seminal U.S. Supreme Court decision of McDonnell Douglas v. Green accurately describe the intent of the 88^th Congress to balance a prohibition of blatant employment discrimination with the preservation of as much employer decision-making latitude as possible.

Aspen Institute Roundtable Presents Prof. Abrams' Article on Concussions in Youth Sports

December 5, 2012

The Aspen Institute's Sport and Society Program recently conducted a roundtable, "Playing Safety: The Future of Youth Football?," in Washington, D.C., bringing together more than three dozen physicians, researchers, athletes, administrators, journalists and football industry representatives who considered the state of youth and high school football, potential reforms, and the role of professional football.

Prof. Abrams could not attend because of a prior commitment, but the institute provided each roundtable participant with an advance copy of his 52-page law review article, "Confronting the Youth Sports Concussion Crisis: A Central Role for Responsible Local Enforcement of Playing Rules." He wrote the article for a symposium on youth sports concussions at the University of Mississippi School of Law. The article will appear this winter in the Mississippi Sports Law Review.

Mizzou Law Alumnus Named to Missouri Supreme Court

December 4, 2012

Mizzou Law alumnus Paul C. Wilson, '92, was named to the Supreme Court of Missouri by Gov. Jeremiah W. "Jay" Nixon, '81. Wilson is a member of Van Matre, Harrison, Hollis, Taylor & Bacon in Columbia and previously served as a circuit judge for the 19^th Judicial Circuit in Cole County, Mo. His legal career includes service as an assistant attorney general and deputy chief of staff for litigation for the Missouri Attorney General's Office, senior counsel for budget and finance and director for the Transform Missouri Project, private practice with Sullivan and Cromwell in New York, and as clerk for the U.S. Court of Appeals for the 6^th Circuit and for Missouri Supreme Court Justice Edward D. Robertson Jr.

Wilson joins two Mizzou Law alumnae on the state's highest court — Judge Patricia A. Breckenridge, '78, and Judge Mary L. Rhodes Russell, '83.

ABA Journal Names Prof. Crouch's Blog to Hall of Fame

November 30, 2012

The American Bar Association's ABA Journal recently named Prof. Dennis Crouch's Patently-O blog to its inaugural Blawg 100 Hall of Fame. The hall of fame names 10 legal blogs that have appeared in the previous six listings of the nation's top legal blogs.

Patently-O is the nation's leading patent law blog.

Mizzou Law Team Advances to National Arbitration Competition

November 29, 2012

Congratulations to the Mizzou Law Arbitration Team for advancing to the American Bar Association's National Arbitration Competition, held in January in Chicago! Members of the team are Peter Bruntrager, Audrey Danner, Nate Dunville, Ida Shafaie and Dane Rennier, advised by Dean Rafael Gely; Professors Thom Lambert, Chuck Henson, Phil Peters, Frank Bowman and Rod Uphoff; and Scott E. Fox, '08.

Prof. Peters Discusses Affordable Care Act

November 29, 2012

Prof. Phil Peters recently spoke at the fall meeting of The Missouri Bar's Health Law Section. He discussed the Affordable Care Act, explaining the implications of the Supreme Court's July ruling, outlining how the law's mandates will take effect and exploring some of the legal issues posed by implementation and by new challenges to the law. He will update his presentation to meet with lawyers in Springfield, Mo., next spring.

Law Library Hours Adjusted for Final Exams

November 26, 2012

During the law school's final exams period, Law Library hours will be adjusted for members of the general public and MU community conducting legal research.

From Nov. 26 to Dec. 16, the library will be open as follows:

Monday - Thursday	7 am to 5:45 pm
Friday	7 am to 4:45 pm
Saturday - Sunday	Closed

The Law Library will continue to be available 24 hours a day for Mizzou Law students.

Visitors using the library for legal research will be asked to sign in at the circulation desk.

School of Law Closed for Thanksgiving Holiday

November 21, 2012

The School of Law and the University of Missouri will be closed on Thursday, November 22, and Friday, November 23, in observance of the Thanksgiving holiday. We will resume normal business hours on Monday, November 26.

Prof. Uphoff Serves on State Criminal Procedure Committee

November 21, 2012

Prof. Rod Uphoff recently attended his first meeting as a member of a committee that drafts criminal jury instructions in Missouri. He was appointed this fall by the Supreme Court of Missouri to the Missouri Supreme Court Committee on Criminal Procedure.

This committee features several judges from across the state, a private criminal defense attorney and public defender, a district attorney and a representative from the attorney general's office.

Prof. Desnoyer Interviewed about Service Animals and the Americans with Disabilities Act

November 20, 2012

School of Law Conducts Moot Court Session for U.S. Supreme Court Case

November 20, 2012

The School of Law recently conducted a moot court session for a U.S. Supreme Court case. The case, State of Missouri v. McNeely, involves whether a warrant is required for a nonconsensual blood draw for individuals who are suspected of driving under the influence.

The lawyers for the State of Missouri -- John N. Koester, '02, and H. Morley Swingle, '80, of the Cape Girardeau Prosecutor's Office -- asked the School of Law to assist them in their argument preparation. On Nov. 16, a mock argument session was held in Hulston Hall. Filling the roles of the Supreme Court Justices were Dean Gary Myers and Professors Frank Bowman, Rod Uphoff, Paul Litton and Ben Trachtenberg, as well as former Judge Gene Hamilton, '67, and local defense attorney Michael Byrne.

"Reducing the Discount Rate:" Prof. Trachtenberg in the Environmental Forum

November 20, 2012

Prof. Ben Trachtenberg's article, "Reducing the Discount Rate," appears in the November/December issue of the Environmental Forum.

In the article, Prof. Trachtenberg argues that the "discount rate" used when evaluating proposed regulations - particularly those related to environmental protection, workplace safety and risks to human life - underestimates the value of future lives, causing us to forgo lifesaving regulations.

Prof. Diamond Moderates Symposium Panel on Advocacy in Discovery

November 15, 2012

Prof. Randy Diamond moderated a session, "Advocacy in Discovery," at a recent Kansas Law Review Symposium, "Advocacy Under the Federal Rules of Civil Procedure After 75 Years."

Mizzou Law Librarians Make Presentations at Regional Conference

November 14, 2012

Mizzou Law Librarians Cindy Bassett, Needra Jackson, Resa Kerns, Cindy Shearrer, and Randy Diamond recently presented programs and a poster session at the Mid-America Association of Law Libraries (MAALL) annual meeting in St. Louis. The theme of the conference was "Cross-Train at the Crossroads: Meet MAALL in St. Louis!"

Future of Affirmative Action in Higher Education Panel Discussion Now Available Online

November 14, 2012

Prof. Strong Publishes Three Articles on Trust Arbitration

November 9, 2012

Professor S.I. Strong recently published three articles on trust arbitration. "Arbitration of Trust Disputes: Two Bodies of Law Collide," appears in 45 Vanderbilt Journal of Transnational Law 1157 (2012), while "Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust," appears in 47 Real Property, Trust and Estate Law Journal 273 (2012), the leading peer-reviewed journal in the field of trust and estate law. The third article, "Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices," appears in 28 Arbitration International 591 (2012), the leading peer-reviewed journal in the field of international arbitration.

Prof. Abrams Addresses the International Bullying Prevention Association

November 7, 2012

At the Ninth Annual Conference of the International Bullying Prevention Association, which brought together more than 700 attendees in Kansas City, Prof. Doug Abrams presented a talk on the public schools' authority to impose discipline on cyberbullies. He concluded that the Supreme Court's constitutional student-rights holdings confer broad authority to impose discipline for messages that an elementary or secondary school student sends from off campus but reasonably foresees will have the requisite harmful effects on one or more classmates on campus.

The international conference's theme was "The Courage to Act: Working Together to End Bullying." Prof. Abrams frequently speaks at cyberbullying conferences and symposiums, and his latest article on cyberbullying will appear soon in the Missouri Law Review's symposium issue.

Prof. Hawley Submits Brief to U.S. Supreme Court

November 6, 2012

Prof. Erin Hawley submitted a brief to the Supreme Court of the United States in Standard Fire Insurance v. Knowles, Case No. 11-1450, arguing that the Class Action Fairness Act of 2005 and procedural due process do not permit named plaintiffs to sacrifice the claims of unnamed class members by stipulating to damages below the jurisdictional threshold.

Canadian Publisher Reprints Prof. Strong's Article on Class Arbitration

November 5, 2012

Canadian publisher Carswell Legal Publications will be reprinting Prof. S.I. Strong's recent article, "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared," in the 2013 edition of Innovative Dispute Resolution: The Alternative, Canada's leading treatise on alternative dispute resolution.

The article originally appeared in 37 North Carolina Journal of International Law & Commercial Regulation 921 (2012).

Prof. Crouch Comments on Microsoft Versus Google Trial

November 2, 2012

Prof. Dennis Crouch was recently quoted in a Reuters article, " Microsoft Versus Google Trial Raises Concerns Over Courtroom Secrecy." In the article, which addresses secret court proceedings in intellectual property cases, Prof. Crouch says, "There are plenty of cases that have settled because one party didn't want their information public."

Prof. Crouch is the editor for the nation's leading patent law blog, Patently-O.

"Overcoming Barriers in Preparing Law Students for Real-World Practice:" Video Now Available

November 2, 2012

Video is now available for the Center of the Study of Dispute Resolution's 2012 symposium, "Overcoming Barriers in Preparing Law Students for Real-World Practice," organized by Prof. John Lande.

This event centered around the growing push for change in law schools around the country, and gave practitioners, faculty and students a chance to hear ideas from a variety of voices speaking about the importance of adapting legal education to the needs of today's society. Mizzou Law has long been recognized for its contribution in reforming legal education to help foster practice-ready graduates.

Prof. Lisa Kloppenberg of the University of Dayton School of Law, its former dean, presented the keynote address and discussed the successful curricular innovations that have taken place at Dayton.

The presenters are writing articles articulating their ideas about legal education reform, which will be published in the first issue of the 2013 volume of the Journal of Dispute Resolution. Video of the symposium, as well as drafts of the articles and the speakers' presentations, are now available.

Prof. Strong Speaks at the World Bank in Washington, D.C.

November 2, 2012

Prof. S.I. Strong recently spoke at the World Bank in Washington, D.C., as part of the ICSID/ICC/AAA Twenty-Ninth Joint Colloquium on International Arbitration.

Prof. Strong's presentation, "Lessons from Abaclat: Post-Dispute Consent to Mass Arbitration," addressed issues relating to mass procedures in the context of investment arbitration, a subject on which Prof. Strong has written extensively. Prof. Strong not only has articles on this subject due out shortly in the Journal of Corporation Law and the Yearbook on International Arbitration, but covers related matters in her upcoming book from Oxford University Press, Class, Mass and Collective Arbitration in National and International Law.

Oxford University Press Publishes Paper by Prof. Esbeck

October 31, 2012

Oxford University Press has just released an anthology, No Establishment of Religion: America's Original Contribution to Religious Liberty, which includes a paper by Prof. Carl Esbeck. The paper included is "The First Federal Congress and the Formation of the Establishment Clause of the First Amendment."

Congratulations to Client Counseling Winners!

October 26, 2012

Congratulations to the 2012 Board of Advocates Client Counseling Competition winners:

1^st Place - Ki'ara Cross and Melesa Johnson
2^nd Place - Cassie Robinson and Contessa Brundridge

Prof. Abrams Discusses Recent State Legislation at MJJA Educational Conference

October 26, 2012

At the Missouri Juvenile Justice Association's Fall Educational Conference, Prof. Doug Abrams spoke about juvenile justice legislation enacted during the Missouri General Assembly's 2011-2012 session.

Prof. Abrams serves on the MJJA's board of directors and as a member of the organization's executive committee. The MJJA is an organization of juvenile justice professionals which is dedicated to promoting justice for Missouri's children, youth and families.

Symposium Focuses on Changes in Law School Curricula

October 25, 2012

On October, 19, the Center for the Study of Dispute Resolution hosted its 2012 symposium, "Overcoming Barriers in Preparing Law Students for Real-World Practice," organized by Prof. John Lande.

This event centered around the growing push for change in law schools around the country, and gave practitioners, faculty and students a chance to hear ideas from a variety of voices speaking about the importance of adapting legal education to the needs of today's society. Mizzou Law has long been recognized for its contribution in reforming legal education to help foster practice-ready graduates.

Prof. Lisa Kloppenberg of the University of Dayton School of Law, its former dean, presented the keynote address and discussed the successful curricular innovations that have taken place at Dayton.

The presenters are writing articles articulating their ideas about legal education reform, which will be published in the first issue of the 2013 volume of the Journal of Dispute Resolution.

Drafts of the articles and speaker presentations are now available.

Patrick B. Starke, '79, Named President of The Missouri Bar

October 19, 2012

Patrick B. Starke, '79, was named president of The Missouri Bar, a 30,000-member organization. Starke, who practices with Starke Law Offices in Blue Springs, Mo., has been a member of the bar's board of governors since 2006.

Mediation Week Reception to be Held on October 19

October 17, 2012

The School of Law's Center for the Study of Dispute Resolution will co-host a reception for the American Bar Association's Mediation Week on Friday, October 19, at 5:30 pm in Hulston Hall. The reception will celebrate mediation as civil discourse and as a way of managing disputes.

This event is co-hosted by the Boone County Bar Association, the Association of Missouri Mediators and the Law Offices of SJ Read. It is free and open to the public.

Mizzou Law Alumnus Among Finalists for Missouri Supreme Court

October 15, 2012

Paul C. Wilson, '92, is a finalist for a vacancy on the Supreme Court of Missouri.

Wilson practices with Van Matre, Harrison, Hollis, Taylor and Bacon in Columbia. Previously he served as circuit judge for the 19^th Judicial Circuit of Missouri, deputy chief of staff for the Missouri Attorney General, and clerk for Judge Edward Robertson Jr. of the Supreme Court of Missouri and Judge Richard F. Suhrheinrich of the U.S. Court of Appeals for the 6^th Circuit, as well as being in private practice in New York.

Mizzou Law Alumnus Recognized with Mizzou Alumni Association Award

October 15, 2012

Harold L. Lowenstein, '65, was honored by the Mizzou Alumni Association at the 45^th Annual Faculty-Alumni Awards Ceremony on October 12. Alumni are recognized for their professional accomplishments and service to their communities and alma maters. Lowenstein practices with the litigation group of Armstrong Teasdale in Kansas City, Mo., and was formerly a judge on the Court of Appeals for the Western District of Missouri. He has also served as an adjunct faculty member at the law schools at Mizzou, the University of Missouri-Kansas City, Washburn University and Washington University.

Columbus Dispatch Calls Prof. Abrams "An Early Crusader for Change in Youth Sports"

October 11, 2012

In an article that criticized the trend toward encouraging children to specialize in one sport at an early age, Columbus (Ohio) Dispatch sportswriter Michael Arace drew support from Prof. Doug Abrams, whom he called "an early crusader for change in youth sports." Drawing on medical studies, Arace concluded that "[f]ocusing on just one sport is about the worst thing a young athlete can do. It mitigates the developmental benefits that come from playing, it is physically dangerous and, for the vast majority, it is actually a hindrance to their primary athletic pursuit."

After playing hockey at Wesleyan University and coaching youth hockey for more than 40 years, Prof. Abrams now writes and speaks about coaching, player safety and sports ethics. Links to his regular sports blog columns appear on pages 12-17 of his curriculum vitae. His article on concussions in youth sports will appear in the Mississippi Sports Law Review's upcoming symposium issue.

The Virginia Journal of Social Policyand the Law will publish Prof. Abrams' historical article about the 40th anniversary of a 12-year-old girl's gender discrimination lawsuit against Little League Baseball, which led the national organization to begin enrolling both boys and girls. The girl's well-publicized courtroom victory helped influence not only general social attitudes about gender equity in the 1970s, but also federal application of the gender equity mandate of Title IX of the Education Amendments of 1972.

This summer, Prof. Abrams wrote a lengthy blog column about the successful lives led by members of the all-black 1955 South Carolina Little League championship team, which has been called "the most significant amateur team in baseball history." The 11-12-year-olds were denied the opportunity to play for the Little League World Series title because of Jim Crow laws.

Mizzou Law Student Selected for Judge Kit Carson Roque, Jr. Scholarship

October 10, 2012

Third-year Mizzou Law student Henry Tanner was recently selected as the first place winner of the Fifteenth Annual Judge Kit Carson Roque, Jr. Scholarship by the Jackson County Bar Association.

The Kit Carson Roque, Jr. Scholarship is an annual law school scholarship given in honor of the late Judge Kit Carson Roque, Jr., an African-American graduate of the University of Missouri-Kansas City School of Law and a former member of the Jackson County Bar Association. Judge Roque was a dedicated civil rights leader, community activist and child advocate.

Tanner received the scholarship in recognition of his contributions to the University of Missouri School of Law, generally, and specifically for his efforts with the Black Law Student Association. He was also recognized for Project Manhood, a program that he founded where he tutors undergraduates at the University of Missouri. Tanner holds leadership roles on the Journal of Dispute Resolution, the Board of Advocates and the Black Law Student Association. After graduation, he will join Lathrop & Gage, LLP, in Kansas City, Mo.

Tanner is the third consecutive recipient of the scholarship from the University of Missouri School of Law.

Midwest Innocence Project Hosts Damien Echols of the West Memphis Three

October 10, 2012

The Midwest Innocence Project will cohost Damien Echols of the West Memphis Three on Friday evening in Kansas City.

Tickets to this event include admission to a reception, admission to Echols' presentation and one autographed copy of Echols' book, Life After Death.

This event helps fund the Innocence Clinic, a partnership between Mizzou Law, the University of Missouri-Kansas City School of Law and the Midwest Innocence Project.

Who Should Pick Missouri's Judges? Federalist Society Hosts Debate

October 8, 2012

Who should pick Missouri's judges? Last Thursday, Carrie Severino and Skip Walther, '79, debated the issue in Hulston Hall in front of 117 students, attorneys and concerned citizens.

Severino, chief counsel and policy director at the Judicial Crisis Network, argued the issue boils down to accountability. To her, the balance of power should rest with an elected official, such as the governor, so that Missourians can hold him accountable for his selections. This proposal would shift power away from The Missouri Bar, which selects commission members who are not accountable to the people. She argued political influence in any selection process is unavoidable, and reforms are necessary to ensure greater accountability.

Walther, past president of The Missouri Bar, countered, claiming the current Non-Partisan Court Plan provides sufficient accountability through retention elections. According to Walther, Missourians are satisfied with the current selection process as evidenced by the fact that 99.5 percent of judges are retained through retention elections. Transferring more selection power to the governor would needlessly inject politics into the process.

Amendment 3, a November ballot initiative, would reform the current Non-Partisan Court Plan by granting the governor the ability to appoint a majority of the commission that selects Missouri's appellate and Supreme Court nominees and remove a requirement that the governor's picks be non-lawyers.

With Liberty and Justice for Some - Glenn Greenwald

October 5, 2012

Prof. Esbeck Contributes Paper on Religion and Religious Liberty in the American War of Independence to Law & Religion

October 5, 2012

Prof. Carl Esbeck completed a chapter for Law & Religion, an anthology published in the United Kingdom. Prof. Esbeck's paper, "Religion During the American Revolution and the Early Republic," concerns religion and religious liberty in the American War of Independence and its aftermath. It will be juxtaposed with another on the French Revolution, providing a comparison for the role religion played in these events that continue to shape the world. In addition to the war itself, which unfolded over 1775-1783, changes within American Protestantism had a leveling effect on society and, by the early years of the republic, the political and religious culture exalted liberty, individualism, and the voluntary church.

Picking Judges: Who's To Judge?

October 4, 2012

Today the School of Law's Federalist Society will host "Picking Judges: Who's to Judge" at 5:30 pm in Room 7 of Hulston Hall on the MU Campus. This debate on the November ballot measure to reform the Missouri Court Plan will feature Carrie Severino, chief counsel for the Judicial Crisis Network and former clerk to Supreme Court Justice Clarence Thomas, and Skip Walther, '79, past president of The Missouri Bar and principal of Walther, Antel, Stamper and Fischer in Columbia.

This event is free and open to the public. Free dinner is provided (first come, first serve).

"If this is all they have to go on, it's pretty thin." Prof. Uphoff Quoted in AP Story

October 4, 2012

Prof. Rod Uphoff was recently quoted in an Associated Press story, "Mo. Lawyer Accused of Forgery in Father's Death." In the article, Prof. Uphoff argues that there may not be enough evidence to prosecute the defendant, who is accused of forging a durable power of attorney document for her father, then using that document to withdraw life support.

The Economic Impact of the Health Care Decision: Prof. Lambert Speaks at Wheaton College

October 3, 2012

Prof. Thom Lambert recently delivered an address, "The Economic Impact of the Supreme Court's Health Care Decision," at the J. Dennis Hastert Center for Economics, Government, and Public Policy at Wheaton College in Wheaton, Ill. The address was based on a paper, "The Grim Future of American Health Care: Looking Ahead from the Supreme Court Ruling," a version of which is forthcoming in Regulation Magazine.

Congratulations to 2012 Negotiation Competition Winners

October 3, 2012

Congratulations to the 2012 Board of Advocates Negotiation Competition winners: Aaron LaPlante & Henry Tanner, and Arsenio Mims & Brittany Leeper!

Sen. Jack Danforth Visits Mizzou Law

September 27, 2012

Yesterday Jack Danforth, who is a former Missouri attorney general, United States senator from Missouri, and ambassador to the United Nations, visited the School of Law to meet with students, faculty and staff.

Sen. Danforth shared insight into his professional and political background as an attorney and public servant. Students were given an opportunity to ask about the senator's experiences and were given first-hand accounts of what events and people left lasting impressions on his career and life.

Is the Supreme Court Good for Democracy? Prof. Hawley Examines in National Affairs

September 27, 2012

Prof. Joshua Hawley has published an essay in National Affairs in which he wonders whether the Supreme Court is good for democracy. Professor Hawley evaluates the Court's recent decision in the Affordable Care Act case and traces the Court's increasing tendency to confuse constitutional law and constitutional politics.

Mizzou Law to Co-Host "With Liberty and Justice for Some: The Two-Tiered Justice System"

September 24, 2012

The School of Law will co-host a keynote talk with Glenn Greenwald on Thursday, September 27 at 6 pm. Greenwald, a journalist, attorney and writer for The Guardian, is a former columnist for salon.com and the author of four books, including With Liberty and Justice for Some: How the Law is Used to Destroy Equality and protect the Powerful.

Following the keynote, a panel discussion will address the differential treatment of various groups under the U.S. justice system. Panelists include Greenwald and:

• Eduardo Crespi, executive director of the Centro Latino and Comedor Popular, or People's Diner, in Columbia
• Steve Downs, executive director of the National Coalition to Protect Civil Freedoms and a civil liberties attorney
• Amany Ragab Hacking, assistant clinical professor of law at St. Louis University and co-founder of the Council on American-Islamic Relations, St. Louis Chapter, who has written and spoken extensively on Muslims and Arabs in the United States
• Redditt Hudson, program associate for Eastern Missouri ACLU and past racial justice manager for that group, as well as former St. Louis Metropolitan Police officer

This event will be held in Room 7, Hulston Hall, and is free and open to the public. A book signing will be held at 5:30 pm and after the program.

Meet Dean Gary Myers in the Fall Issue of Transcript

September 21, 2012

The newest issue of Transcript, featuring an introduction of new Mizzou Law dean Gary Myers, is now available online. Print copies will be mailed to alumni and friends during the week of September 24.

Prof. Bowman Discusses Legal Issues and Moral Dilemmas Posed by Sanctions Regimes

September 20, 2012

Prof. Frank Bowman appeared on the KBIA program "Intersection" to discuss the case of Shakir Hamoodi, a Columbia resident convicted and sentenced to three years in federal prison for violating the U.S. trade embargo against Iraq by sending money into that country. The panel discusses Hamoodi's case and the legal issues and moral dilemmas posed by sanctions regimes.

Mizzou Law Graduates Excel on Missouri Bar Exam

September 19, 2012

Graduates of Mizzou Law surpassed the state averages both for first time and all takers of the Missouri Bar Exam. Graduates boasted an overall first-time pass rate of 95.97 percent, compared to the average of 92.75 percent. The gap was even wider for all takers. Mizzou Law graduates passed at a rate of 96.00 percent, compared to the average of 90.35 percent.

Affordable Care Act Panel Discussion Now Available Online

September 19, 2012

Prof. Lande Gives Presentation on Planned Early Negotiation in South Africa

September 18, 2012

Prof. John Lande gave a presentation on planned early negotiation at the annual conference of the International Association for Conflict Management in South Africa in July. He described lawyers' and clients' resistance to negotiating early in a case and ways to address their concerns.

"Criminalizing Childhood:" Prof. Mitchell Addresses Missouri Association for Social Welfare

September 17, 2012

Prof. David Mitchell delivered the keynote address at the Missouri Association for Social Welfare (MASW) Central Chapter's annual dinner on Aug. 27. His remarks, titled "Criminalizing Childhood: The Next Generation of Disenfranchised Citizens," addressed zero tolerance policies, and the disproportionate impact that such policies have on low income and students of color, particularly African-American males. He focused on how the school to prison pipeline is creating a new generation of disengaged, disaffected and disenfranchised citizens.

The MASW "envisions Missouri becoming a more just, equitable and democratic society that assures every person's health, safety, security, independence, human rights, dignity and the opportunity to reach full potential."

Keith A. Birkes, '73, and Raymond E. Williams, '95, Honored with President's Award by The Missouri Bar

September 17, 2012

The Missouri Bar announced that it will recognize Keith A. Birkes, '73, and Raymond E. Williams, '95, with the President's Award at The Missouri Bar Annual Meeting in October.

The President's Award is given by the president of The Missouri Bar to recognize meritorious service to the bar.

Birkes is the executive director of The Missouri Bar, which is headquartered in Jefferson City. Williams practices with the Williams Law Offices in West Plains, Mo.

Daniel K. Knight, '92, named Prosecuting Attorney of the Year

September 17, 2012

The Missouri Bar announced that Daniel K. Knight, '92, will be recognized as the Missouri Association of Prosecuting Attorneys' Prosecutor of the Year at The Missouri Bar Annual Meeting in October. Knight is the prosecuting attorney for Boone County.

The Daily Quotes Prof. Abrams on FAMU Hazing Case

September 14, 2012

In November 2011, 26-year-old Florida A & M University marching band drum major Robert Champion died after being after being beaten in a hazing incident on a bus after a football game at which the band played. Earlier this week, the university moved to dismiss the Champion family's wrongful death complaint on the ground that, as an adult who knowingly participated in the hazing, the student was responsible for his own death.

Interviewed in The Daily, Prof. Doug Abrams called for denial of the university's motion. He criticized the university for arguing that "a college has no responsibility for the safety of its students in college activities." He said, "The Champion family is entitled to their day in court on their allegations that the University tolerated a culture of hazing, did not enforce its anti-hazing policy, and inadequately supervised the marching band."

Mizzou Law to Host Panel on Affordable Care Act

September 13, 2012

To celebrate Constitution Day, Mizzou Law is hosting a panel on the Affordable Care Act and the recent Supreme Court ruling upholding the controversial health care legislation.

"The Affordable Care Act is one of the most significant pieces of legislation to come out of Congress in a generation," Associate Dean Rigel Oliveri says. "This panel will address the constitutional, economic and policy ramifications of the law and the Supreme Court's decision to uphold it."

Panelists include Prof. Josh Hawley, Prof. Phil Peters, Prof. Thom Lambert and Stan Hudson, associate director of the Center for Health Policy at MU.

The panel will be held on Sept. 17 at 1 pm in the Hulston Hall courtroom. This event is free and open to the public.

Prof. Abrams Discusses High School Coaches' Authority and Arrested Players' Rights on WFAN Sports Radio

September 11, 2012

Twice in the last two weeks, Prof. Doug Abrams was interviewed on WFAN radio in New York, the nation's leading all-sports station.

The first interview concerned the legal authority of high school coaches to monitor their players' activities on Twitter, Facebook and other social media.

The second interview concerned the constitutional rights of a New Jersey high school football player who, arrested for participating in the beating of rival students after a party, was later exonerated by prosecutors. The player has filed a $15 million federal lawsuit claiming false arrest.

The Journal of Corporation Law to Publish Article by Prof. Strong

September 10, 2012

Prof. S.I. Strong will publish her most recent article, "Mass Procedures as a Form of ‘Regulatory Arbitration’ – Abaclat v. Argentine Republic and the International Investment Regime,” in 38 The Journal of Corporation Law (forthcoming 2013). The article undertakes a regulatory analysis of the jurisdictional award in Abaclat v. Argentine Republic, the first mass claim to be heard in the context of treaty-based investment arbitration.

Two of Professor Strong's articles - "Does Class Arbitration'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," in 17 Harvard Negotiation Law Review 201 (2012) and "From Class to Collective: The De-Americanization of Class Arbitration," in 26 Arbitration International 493 (2010) - were cited in the jurisdictional and dissenting awards in Abaclat.

ESPN Quotes Prof. Abrams on Youth Football Coaches' Tort Liability

September 7, 2012

In an article about Donnovan Hill, a 13-year-old who broke his neck last year after tackling with his head during a Pop Warner football championship game, ESPN writer Tom Farrey quoted Prof. Doug Abrams as an expert on youth sports liability. The article concerned the potential liability of Donnovan's coaches for his quadriplegia.

Volunteer protection acts often protect volunteer youth league coaches from negligence liability, except for gross negligence. Donnovan Hill's case raises the question whether his coaches were grossly negligent for allegedly promoting or tolerating dangerous tackling techniques such as leading with the head.

"The ultimate question is whether coaches knew or should have known that it was dangerous," Prof. Abrams said. "It will be hard for a coach to establish that head tackling is not extremely dangerous."

"Leagues should bring in a lawyer to talk to [youth coaches] before the season," Prof. Abrams continued. Coaches "need to know what negligence is. The problem is, if you bring in a lawyer, you're going to scare away a lot of your volunteer coaches."

Bow Tie Day Celebrates Tim Heinsz

August 31, 2012

Each year, faculty, staff and students in Hulston Hall, and alumni and friends around the globe, remember Tim Heinsz by donning bow ties. Heinsz, who was the law school's Earl F. Nelson Professor of Law and former dean, died unexpectedly in July 2004. This year, Bow Tie Day will be held in his honor on Wednesday, September 5.

In addition to Bow Tie Day, the life and work of Tim Heinsz is celebrated each spring with a 5K run/walk in his name (and a dog walk in honor of another late faculty member, Jim Devine). Next spring, the race will be held on April 20. Race proceeds benefit the Timothy J. Heinsz Scholarship Fund.

Second-Year Student Completes Diversity Summer Internship Program

August 31, 2012

Second-year law student Portia Britt completed the inaugural Diversity Summer Internship Program, sponsored by Williams Venker & Sanders LLC and organized by the St. Louis Chapter of the Association of Corporate Counsel (ACC). The program places law students with diverse backgrounds in paid internships at corporate legal departments to gain insights and practical experience and to learn the skills necessary to succeed in the legal progression. Students work on a variety of projects involving research, writing and interpreting regulations and had practice preparing a speech and delivering it to an audience.

Britt interned in the legal department of UniGroup in Fenton, Mo., working with Jan Robey Alonzo, '82, senior vice president and general counsel of UniGroup and president of the St. Louis Chapter of ACC.

Prof. Esbeck Files Brief in Support of Jewish Prisoner

August 30, 2012

Prof. Carl Esbeck co-wrote a brief amici filed in the Eleventh Circuit Court of Appeals in support of a Jewish prisoner suing Florida correctional authorities who are denying him a kosher diet contrary to his right to free exercise.

Landlord/Tenant Practicum Featured in Missouri Bar Publication

August 29, 2012

The most recent issue of Precedent, the magazine of The Missouri Bar, features an article by adjunct faculty member Michael Carney, '10, who practices with Mid-Missouri Legal Services. In the article, Prof. Carney describes the externship program and the recently created landlord/tenant practicum that Mizzou Law students do in conjunction with legal services.

"Defining Religion Down:" The First Amendment Law Review to Publish Prof. Esbeck's Article

The First Amendment Law Review at the University of North Carolina-Chapel Hill will publish Prof. Carl Esbeck's article, "Defining Religion Down." The paper surveys cases and regulations suggesting resurgence in the project to privatize religious faith because religion harbors illiberal ideas.

Mizzou Law Students Excel at Polsinelli Shughart Moot Court Competition

Congratulations to the following students who participated in the 2012 Polsinelli Shughart Fall Moot Court competition, held Aug. 23 at the Supreme Court of Missouri in Jefferson City:

Best 2L Brief
Jeremiah Nixon

Best 2L Oral Advocate
Larry Lambert

Best 3L Brief
Stan Musgrave

Best 3L Oral Advocate
Stan Musgrave

The Legal Intelligencer Quotes Prof. Strong on Large-Scale Litigation

The Legal Intelligencer quoted Prof. S.I. Strong in a recent story concerning the growth of large-scale litigation outside the United States, particularly in the area of products liability. Although Prof. Strong is best known for her work in large-scale litigation and arbitration, she has also written a casebook on tort law for English law students and a book chapter on the use of arbitration in cases involving mass torts.

Springfield Business Journal Quotes Prof. Drake on Class Actions

The Springfield Business Journal recently quoted adjunct faculty member Angela K. Drake in "Strength in Numbers: Class Actions Bring Plaintiffs Together and Protect Defendants from High Volume Trials." In the article, Prof. Drake, who has 26 years of experience with class litigation, says "When you group them [trials] together, that gives a certain amount of power to the people who have a claim."

Prof. Dessem Honored with Spurgeon Smithson Award by The Missouri Bar Foundation

The Missouri Bar Foundation announced that it will recognize Prof. Larry Dessem with the Spurgeon Smithson Award at The Missouri Bar Annual Meeting in October. The Spurgeon Smithson Award was established in 1976 and is given annually by the Missouri Bar Foundation to Missouri judges, teachers of law and/or lawyers deemed "to have rendered outstanding service toward the increase and diffusion of justice among men."

Matthew M. Ward, '03, and Gerard "Jay" Harms Jr., '05, Honored with Awards by The Missouri Bar Foundation

The Missouri Bar Foundation announced that it will recognize Matthew M. Ward, '03, and Gerard "Jay" Harms Jr., '05, at The Missouri Bar Annual Meeting in October.

Ward, who practices with the Missouri State Public Defender's Office in Columbia, will receive the David J. Dixon Award. This award recognizes outstanding achievement in appellate practice by young lawyer members of The Missouri Bar.

Harms, who practices with the Harms Law Office in Osage Beach, Mo., will be honored with the Pro Bono Publico Award. This award is presented annually to three people who have, within the past year, rendered outstanding pro bono service to indigent or low-income persons in need of legal assistance.

Prof. Conklin Presents Research on Dispute Resolution in Early America

Prof. Conklin recently presented her research on dispute resolution in early America at the Southeastern Association of Law Schools (SEALS) annual conference. Prof. Conklin presented her article, "Lost Options for Mutual Gain? The Lawyer, the Layperson, and Dispute Resolution in Early America" as part of a SEALS New Scholars panel.

Prof. Strong to Publish in Notre Dame Law Review

Prof. S.I. Strong's most recent article, "Regulatory Litigation in the European Union: Does the U.S. Class Action Have a New Analogue?" will be published in 88 Notre Dame Law Review (forthcoming 2013), as part of a special issue on federal judicial practice and procedure.

The article considers recent developments in the European Union from a regulatory perspective, applying new governance theory and equivalence functionalism to the problems of cross-border collective redress.

Prof. Abrams Tells the Story of the Cannon Street All Stars, Shut Out of Little League World Series by Jim Crow

The Cannon Street All-Stars was an 11- to 12-year-old team that went to the Little League World Series in Williamsport, Pa., in 1955, after winning the Charleston city championship, the South Carolina state championship, and the eight-state southern regional championship.

The All-Stars were also the only team that ever went to Williamsport but, once there, was forbidden to play for the World Series title. They sat in the stands and watched because they had won the city, state and regional titles by forfeits. Every other team – more than 75 in all – had refused to play them. The All-Stars were all-black, and the other teams were all-white.

In 2005, Little League honored the Cannon Street All-Stars and called them “the most significant amateur team in baseball history.” The Charleston Post and Courier calls them “perhaps the most important team in youth sports history.” ABC News says that their story is “not about man’s inhumanity to man but man’s inhumanity to children.” The Boston Globe calls their story “one of baseball’s cruelest moments.”

Prof. Doug Abrams tells the All-Stars’ story in his regular column, “Youth Sports Heroes of the Month.”  Unlike many other Americans whose lives changed during the Civil Rights Movement, nobody died or suffered assault or serious injury when the players faced closed doors in 1955 for the color of their skin. Prof. Abrams says, however, that the All-Stars’ story nonetheless warrants a place in the annals of the march toward racial equality.

Prof. Strong Leads Seminar on Mass Claims in Investment Arbitration

Prof. S.I. Strong's recently acted as the lead-off panelist for an online academic seminar on mass claims in investment arbitration. The seminar, which was hosted by the Oil-Gas-Energy-Mining-Infrastructure-and-Investment Disputes (OGEMID) community, ran over a two-week period and used the jurisdictional decision in Abaclat v. Argentine Republic as its starting point.

Two of Prof. Strong's articles - "Does Class Arbitration'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles, " in 17 Harvard Negotiation Law Review (forthcoming 2012) and "From Class to Collective: The De-Americanization of Class Arbitration," in 26 Arbitration International 493 (2010) - were cited in the jurisdictional and dissenting awards in Abaclat. Prof. Strong's comments in the seminar focused on ideas reflected in several of her forthcoming articles on regulatory litigation and regulatory arbitration.

Prof. Strong Publishes Two Articles Concerning Trust Arbitration

Two of Professor S.I. Strong's articles on the arbitration of internal trust disputes will appear in journals published on both sides of the Atlantic. "Mandatory Trust Arbitration in the U.S. and Abroad," will appear in 5 New York Dispute Resolution Lawyer (forthcoming 2012), while "Trust Arbitration in the United States: Recent Developments Show Increasing Diversity as a Matter of Statutory and Common Law," will appear in 18 Trusts & Trustees (forthcoming 2012), which is published by Oxford University Press for a worldwide audience.

Mizzou Lawyers Speak at The Missouri Bar Summer Institute

Five Mizzou lawyers conducted a panel discussion at this week's Missouri Bar Summer Institute for the state's high school teachers. Missouri Supreme Court Judge Patricia A. Breckenridge, '78, moderated the panel, which also featured Missouri Supreme Court Judge Mary L. Rhodes Russell, '83; former Missouri Bar President Skip Walther, '79; and Prof. Doug Abrams. The panel was conceived by the institute's director, Millie Aulbur, '90, the bar's director of citizenship education.

The institute, which was funded by the Missouri Bar Foundation with additional support from Columbia College and The Missouri Bar, focused on "The Courts-What You and Your Students Need to Know."

MU Law Professor Named U.S. Supreme Court Fellow

Prof. S.I. Strong has been selected as a United States Supreme Court Fellow for the 2012-2013 term. She has been assigned to the International Judicial Relations Office of the Federal Judicial Center, examining the federal judicial process and helping seek, propose and implement solutions to problems in the administration of justice.

The Supreme Court Fellows are selected by a commission composed of nine members selected by the Chief Justice of the United States. The fellows work with top officials in the judicial branch of government. "To be chosen as a Supreme Court Fellow is a wonderful testament to Prof. Strong's scholarship and reputation in international law," University of Missouri School of Law Dean Larry Dessem says. "Her service at the Federal Judicial Center will not only provide her expertise to the federal courts, but enrich the writing that she will do as a Supreme Court Fellow and in the years to come."

Prof. Strong recently returned to the United States after serving as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law in the Netherlands.

Prof. Abrams Publishes Third Edition of Family Law Casebook

Prof. Doug Abrams has published the third edition of Contemporary Family Law (West Publishing). He co-wrote the casebook with Prof. Naomi R. Cahn and Prof. Catherine J. Ross of the George Washington University Law School and Dean David D. Meyer of the Tulane University School of Law. The book, which "captures the rapid changes to the American family and the corresponding evolution of doctrine," has been used by more than 90 professors in more than 60 law schools.

Prof. Mitchell Serves as Lead Commentator in Law Faculty Writing Workshop

Prof. David Mitchell served as a lead commentator on a paper presented at the John Mercer Langston Law Faculty Writing Workshop at Suffolk University. The paper, "Moving From Unintentional Rulemaking to Purposeful Rulemaking That Effectively Balances Uniformity and Discretion," by Prof. Shavar Jeffries of Seton Hall School of Law, discussed proposed changes to the way in which educational reform occurs as schools move to produce students who possess higher-order skills.

The writing workshop was named in honor of John Mercer Langston, who was the first African-descended male law professor in the country. He was born free in 1829, attended Oberlin College, established the Law Department at Howard University in 1868, and was eventually the first black congressman from Virginia in 1888.

"Silencing Individual Voices:" Prof. Mitchell's Article Published by National Bar Association Magazine

Prof. David Mitchell wrote an article, "Silencing Individual Voices, Silencing Communities: The Impact of Felon Disenfranchisement and Voter Identification Laws," which was published in the National Bar Association Magazine (vol. 18, no. 2 January-May 2012). In the article, Prof. Mitchell discusses the parallel between the proposed, and adopted in some states, stricter voter identification laws with statutes that disenfranchise ex-felons. He argues that these new stricter voter identification laws are the "newest assault on the right vote" and with their passage, "the chorus of the excluded will soon grow louder as more individuals are prevented from voting.

MU Law Alumna Receives ABA Pro Bono Publico Award

MU Law alumna Amy Lorenz-Moser, '00, will receive the American Bar Association (ABA) Pro Bono Publico Award for her work on behalf of abused women on Aug. 6, during a luncheon held at the ABA's annual meeting in Chicago.

The ABA Pro Bono Publico Award is presented each year by the Standing Committee on Pro Bono and Public Service to honor individual lawyers, law firms, law schools, government attorney offices, corporate law departments and other institutions in the legal profession that have enhanced the human dignity of others by improving or delivering volunteer legal services to the poor.

In naming her an awardee, the ABA noted, "Amy Lorenz-Moser has been a tireless and extremely effective advocate for victims of domestic violence for most of her adult life." She is being recognized in part for her work assisting battered women through the School of Law's Family Violence Clinic - work that she carried forward when she entered private practice.

A profile about Lorenz-Moser (reprinted with permission from Missouri Lawyers Weekly) was run in the spring 2011 issue of the law school alumni magazine, Transcript.

N.H. Union Leader Praises Prof. Abrams as "Part of the Conscience for Youth Sports in America"

In his column on July 8, New Hampshire Union Leader writer Jim Fennell discussed recent media reports of violence committed by parents and coaches at their children's sports contests from coast to coast. The reports come from news articles that Prof. Abrams collects each day and e-mails to about 500 coaches, league administrators, athletic directors and parents throughout the nation and the world.

Fennell praised Prof. Abrams as "part of the conscience for youth sports in America." After coaching youth hockey for more than 40 years, Prof. Abrams writes two national blog columns about ethics in youth sports - a weekly column on www.askcoachwolff.com and a monthly column on www.momsteam.com. His weekly column concerns topical issues in youth sports; each monthly column ("Youth Sports Hero of the Month") "salutes 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." Prof. Abrams' columns can be found on pages 11-16 of his curriculum vitae.

ABA Journal Features Professor and Alumnus in "Lawyers Giving Back"

Prof. David A. English and Thomas Glick, '95, were included in "Lawyers Giving Back" in the July 2012 issue of the ABA Journal. This section recognizes members of the American Bar Association who make positive contributions to their communities. Prof. English and Mr. Glick were shown at ABA Day on Capitol Hill, during which volunteers visited with elected officials about issues important to the profession, their clients and the public.

Law Day Awardees Announced

The School of Law is pleased to announced this year's Law Day awardees:

Citation of Merit
Elizabeth A. Phillips, '92
Douglas S. Lang, '72

Distinguished Recent Graduate
Matthew L. Dameron, '02

Distinguished Non-Alumnus Award
Edward H. Hunvald Jr.

Honorary Initiate, Order of the Coif
David L. Forbes, '74

Honorary Initiate, Order of Barristers
Jan Robey Alonzo, '82

The awards ceremony will be held on the morning of Saturday, September 15, at 9 am, after a continental breakfast in which guests can visit with the award recipients. Following the ceremony, the School of Law will host its annual homecoming tradition, the Law Day Picnic, in the East Courtyard of Hulston Hall from 10 am to noon. For more information, please contact Martha Brendel in the School of Law Office of Development at 573-882-4173.

Prof. Lande Presents on Legal Education, Mediation and Planned Early Negotiation

Prof. John Lande gave three talks in Scotland in May, including the keynote address at the "Embedding ADR in the Civil Justice System" conference, sponsored by the Law Society of Scotland and Scottish Mediation Network. He also gave a talk, "Lawyering with Planned Early Negotiation for Scotland," to the Core Solutions Group and "Integrating Mediation in the Legal Dispute System" for the Scottish Mediation Network. Earlier that month, he was on a panel at the Northwest Dispute Resolution Conference, "Planned Early Dispute Resolution: How People Can Negotiate & Mediate Sooner & Better."

At the American Bar Association Section of Dispute Resolution conference in April, he participated in two programs: "Best Practices in Incorporating and Teaching Practical Problem-Solving in the Law School Curriculum" and "Strategies for Getting Lawyers to Negotiate and Mediate Sooner and Better."

Chief Justice Roberts' Opinion and the Healthcare Ruling: Prof. Joshua Hawley Comments

Prof. Joshua Hawley appeared as a guest on MSNBC's Jansing & Co. today to discuss the Supreme Court's then-upcoming healthcare ruling. He discussed the court's decision-making procedure and Chief Justice Roberts' concern for the institutional reputation of the court, and Prof. Hawley predicted that the court would ultimately strike down the mandate.

After the decision was issued, Prof. Hawley explained to The Daily Caller what he thinks may be the story behind Chief Justice Roberts' opinion. "The text the chief justice published on Thursday may or may not make good sense read as constitutional doctrine," Prof. Hawley notes. "But read it as constitutional politics and things get more interesting. Not politics in the way the Washington punditry means, of course."

MU Law Director of Career Development Presents at Solo and Small Firm Conference

Grant Shostak, director of career development, presented a CLE at The Missouri Bar Solo and Small Firm Conference. His seminar, "Psychology and Your Law Practice: Saying 'No' to your Client," was given at the sunrise session of the conference, in which six speakers present on various topics for 10 minutes each.

Prof. Abrams: What are the Lawyers' Responsibilities in Parents' Lawsuit Against an 11-Year-Old Little Leaguer?

In his weekly sports column, Prof. Doug Abrams writes about a New Jersey lawsuit filed recently by Elizabeth Lloyd and her husband against defendant Matthew Migliaccio, a catcher on their son's Little League team.

The claim is that while Lloyd was watching a game two years ago, she was struck in the face by a ball overthrown by Migliaccio (who was then 11 years old) while he was warming up a pitcher in the fenced-in bullpen at the coach's instruction and under the coach's supervision. The 45-year-old Lloyd claims more than $150,000 damages for medical expenses against Migliaccio, plus unspecified damages for pain and suffering which reportedly could push the amount a few hundred thousand dollars higher. Her husband claims damages for loss of her "services, society and consortium."

Prof. Abrams questions whether, under the circumstances reported, an 11-year-old can be held liable for a toss made to a teammate in the ordinary course of a Little League game. He also speculates about why the Lloyds may have sued Migliaccio rather than the more obvious defendants, Little League Baseball Inc. for conducting the game, or the town for hosting the game on its field. An 11-year-old, with the family's homeowner's insurance policy, may seem an easier target than a major national corporation backed by a well-heeled law firm, or the town with resources to dig in their heels.

"Whether to sue one or both of these corporate entities is a judgment call, but I would draw the line at suing an 11-year-old and slapping him with legal papers served by the sheriff," Prof. Abrams says. "If I were a practicing lawyer and the Lloyds approached me to file a lawsuit seeking damages in the high six figures against an 11-year-old for playing baseball . . .I hope I would tell the Lloyds politely but firmly: 'You are entitled to hire a lawyer, but you are not entitled to me. You may approach another lawyer if you wish, but I will not do it.'"

Prof. Diamond Presents at Legal Education Tech Conference

Prof. Randy Diamond co-presented "Legal Practice Technology Instruction in a Variety of Formats" at the Center for Computer-Assisted Legal Instruction annual meeting in June at the Thomas Jefferson School of Law.

Prof. Lande Publishes Article on Teaching Negotiation

Prof. John Lande published “Teaching Students to Negotiate Like a Lawyer,” in 39 Washington University Journal of Law and Policy 109 (2012).  This article presents a model of “ordinary legal negotiation,” describes a range of situations when lawyers negotiation in addition to ultimate resolution of disputes and recommends that instructors consider using one or more multi-stage simulations in addition to single-stage simulations.

Prof. English Named Chair of ABA Commission on Law and Aging

David M. English, the William Franklin Fratcher Missouri Endowed Professor of Law, will begin his term as chair of the American Bar Association Commission on Law and Aging on September 1. He steps into the role of chair after serving for the past three years as a member of the commission. Established in 1979, the Commission on Law and Aging is charged with strengthening and securing the legal rights, dignity, autonomy, quality of life and quality of care of elders through research, policy development, technical assistance, advocacy, education and training. The Commission consists of fifteen appointed experts from multiple disciplines plus an experienced professional staff. English has dedicated much of his career to aging and disability issues. He has held numerous leadership positions in the ABA Section of Real Property, Trust and Estate Law (RPTEL), and Commission on Mental and Physical Disability Law. Currently, he represents the RPTEL section in the House of Delegates and is a member of the section's executive committee. He was previously a member of the section council and group chair in charge of the elder law/disability group of committees.

As a Uniform Law Commissioner for the state of Missouri, he was involved in the drafting of numerous uniform acts directly relevant to the legislative projects and educational work of the Commission on Law and Aging. He was the Reporter for the 2007 Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, the 2000 Uniform Trust Code, and the 1993 Uniform Health-Care Decisions Act. In his position as executive director of the Joint Editorial Board for Uniform Trusts and Estates Act, Prof. English heads the group that has oversight responsibility for all uniform legislation relating to trusts and estates and related areas, including elder law.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education and works to build public understanding around the world of the importance of the rule of law.

Prof. Lande Receives Award for Best Family Court Review Article

The Association of Family and Conciliation Courts awarded Prof. John Lande the Meyer Elkin Essay Award for the best article published in Family Court Review in 2012. The award was given in recognition of his article, "An Empirical Analysis of Collaborative Practice," which summarized empirical research about collaborative practice, the collaborative movement and its interaction with other parts of the dispute resolution field.

Prof. Trachtenberg Submits Amicus Brief to U.S. Supreme Court

Prof. Ben Trachtenberg filed a "friend of the court" brief with the Supreme Court of the United States on behalf of several evidence law professors. The brief, filed in support of petitioners in Elashi v. United States, No. 11-1390, concerns the coconspirator statement exception to the hearsay rule. The amici curiae professors argue that the coconspirator exception should not apply to statements made in furtherance of "lawful joint ventures."

"Against Attorney General Eric Holder, GOP is Fast and Furious:" Prof. Bowman Quoted by ABC News

Prof. Frank Bowman was recently quoted by ABC News in "Against Attorney General Eric Holder, GOP is Fast and Furious." The article, which discusses Republican calls for the resignation of Attorney General Holder, compares the Holder situation to that of previous attorneys general. "To me, this seems much more political and much less substantive than anything that was involved in the concerns over the previous administration," Prof. Bowman says. Prof. Bowman, who called for the impeachment of former Attorney General Alberto Gonzales, says it's clear that the Holder situation involves only "a mismanagement of a law enforcement operation multiple levels below the attorney general's operational control."

Prof. Strong Convenes International Conference in the Netherlands

Prof. S.I. Strong recently organized an international symposium and works in progress conference in the Netherlands as part of her duties as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law and the Netherlands Institute for Advanced Study in the Humanities and Social Sciences. The theme of the conference was "Collective Redress in the Cross-Border Context: Arbitration, Litigation and Beyond," which ties directly into the research that Prof. Strong conducted while in the Netherlands.

Presenters, who came from more than 10 countries in Europe and North America, explored various means of resolving large-scale legal injuries that arise across national borders. The types of dispute resolution mechanisms discussed during the three-day event included class and collective arbitration, mass arbitration and mass claims processes, class and collective litigation, and large-scale settlement and mediation. The workshop brought together practitioners, academics and representatives of non-governmental organizations, all of whom have an interest and expertise in public and private resolution of collective redress in the international realm.

Prof. Strong returns to the School of Law in July, after the conclusion of her five-month fellowship abroad.

Supreme Court Brief Cites Prof. Trachtenberg's Article

In a brief filed in May with the Supreme Court of the United States, petitioners cited Prof. Ben Trachtenberg's article, "Coconspirators, 'Coventurers,' and the Exception Swallowing the Hearsay Rule," published in 61 Hastings Law Journal 581 (2010). The brief was submitted in a petition for certiorari in the "Holy Land Foundation" case, in which five defendants were convicted of funneling money to Hamas. Prof. Trachtenberg's article is cited in a discussion of whether the coconspirator statement exception to the hearsay rule should be expanded to cover statements in furtherance of "lawful joint ventures."

Prof. Trachtenberg Appears in ABA/BNA's "Lawyers' Manual on Professional Conduct"

Prof. Ben Trachtenberg was quoted among the critics of a pro bono mandate for New York Bar admission in "Lawyers' Manual on Professional Conduct" by the American Bar Association and Bloomberg BNA. Prof. Trachtenberg argued against a recent and unprecedented policy announced by New York State's Chief Judge that requires aspiring New York lawyers to perform community service before gaining admission to the state bar. He developed his arguments in more detail in a May 13 op-ed in the New York Times.

Prof. Hawley Conducts CLE for ABA on Local Food Movement

Prof. Erin Morrow Hawley was among program faculty in a live webinar, "Counseling the Local Food Movement: What a Practitioner Should Know," sponsored by the American Bar Association. Prof. Hawley and fellow faculty spoke on the history and current legal framework affecting the local food industry at the federal, state and local levels.

Prof. Strong Cited in Papers Submitted to the Supreme Court of Texas

Two articles written by Professor S.I. Strong, "Arbitration of Trust Disputes: Two Bodies of Law Collide," in the Vanderbilt Journal of Transnational Law (forthcoming 2012), and "Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust," in Real Property, Trust and Estate Law Journal (forthcoming 2012), were recently cited in papers submitted to the Supreme Court of Texas. The case, Rachal v. Reitz, is being closely watched by courts and commentators in other jurisdictions in the United States and abroad.

Spring 2012 Issue of Transcript Now Available

The spring 2012 issue of the School of Law's alumni magazine, Transcript, is now available online. Features in this issue include an overview of the deanship of Dean Larry Dessem and an introduction of new dean Gary Myers. To request a print copy of the magazine, please contact Casey Baker, editor, at bakercd@missouri.edu.

Prof. Strong Speaks at Historic Venue in Salzburg, Austria

Professor S.I. Strong spoke recently at the Center for International Legal Studies (CILS) conference in Salzburg, Austria, on the topic "Collective Arbitration in ICSID Disputes: Abaclat v. Argentine Republic." The CILS conference is held biennually at the historic Schloss Leopoldskron, best known as the location for the von Trapp family home in the film, "The Sound of Music." Professor Strong is currently on leave from the law school, serving as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law in the Netherlands.

EJLA Announces First Winner of the Greg Scott Equal Justice Fellowship

MU School of Law joins the Equal Justice Law Association in congratulating Burke Bindbuetel, the winner of the first annual Greg Scott Equal Justice Fellowship. This summer Burke will be pulling double duty, splitting his time between working at the Cook County Public Defender's Office and at Chicago Legal Advocacy for Incarcerated Mothers (CLAIM), an organization that helps protect the rights of women prisoners. It is through the support of the MU Law community that Burke is able to volunteer his time working for both of these excellent organizations.

The Equal Justice Law Association (EJLA) is a group of law students committed to advancing public interest law at the University of Missouri, the Mid-Missouri community and the larger region. The organization is dedicated to educating and encouraging student participation in public interest law during their time as students as well as their later legal careers. This fellowship was established to honor the memory of esteemed law professor, Greg Scott, who passed away in August.

Prof. Strong's Article Published as Part of an Issue on International Trade

Prof. S.I. Strong's article, "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared," was recently published in 37 North Carolina Journal of International Law & Commercial Regulation 921 (2012) as part of a symposium issue on international trade.

The article was the result of work done pursuant to a research grant awarded to Prof. Strong by the Canadian government.

School of Law Staff Recognized for Excellence, Years of Service

Five staff members at the School of Law were recognized during the University of Missouri's Staff Recognition Week Awards Ceremony.

Alisha Rychnovsky, who works in the law school's fiscal office, was a finalist for the campus-wide Barbara S. Uehling Award for Administrative Excellence.

Four staff members were recognized for years of service to the university: Kathy Smith in the Law Library (30 years), Carol DeHoyos in the law school's administrative office (15 years), Robin Nichols in the dean's office (10 years) and Becky Hodill in the development office (5 years).

"Class Actions and Human Rights: Impetus for Social Change?" Prof. Strong Presents in Spain

Prof. S.I. Strong spoke recently at the University of Santiago de Compostela in Spain. Her presentation, "Class Actions and Human Rights: Impetus for Social Change?," considered how class actions have been used in the civil rights context in the United States and how the U.S. experience might inform the new cross-border collective redress mechanism proposed by the European Parliament.

The New York Times Features Op-Ed by Prof. Trachtenberg

In "Rethinking Pro Bono," an op-ed in The New York Times, Prof. Ben Trachtenberg argues against a recent ruling by a New York state judge that requires new members of the New York bar to perform community service before being licensed.

Prof. Beck's Work with Domestic Violence Victims Spotlighted

Prof. Mary Beck's work with domestic violence victims was recently spotlighted in a segment on KOMU-TV.

The piece focuses on a domestic violence victim who was released from prison after serving 32 years for hiring someone to kill her husband. Prof. Beck and others worked for the release of this and 10 additional domestic violence victims by writing a revised state statue. The statute allows for parole for domestic violence victims whose trials began before 1990, the first year in which evidence of abuse could be considered during trial.

Prof. Strong Speaks at the British Institute for International and Comparative Law

Prof. S.I. Strong spoke recently at the International Investment Forum convened in London by the British Institute for International and Comparative Law (BIICL).

Prof. Strong's presentation, "Consent and Jurisdiction in Abaclat v. Argentine Republic," focused on issues relating to claimants' consent in international investment arbitration and the extent to which certain regulatory rationales translate from private forms of mass arbitration to public forms.

Two of Prof. Strong's articles - "From Class to Collective: The De-Americanization of Class Arbitration,” 26 Arbitration International 493 (2010), and " Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review (forthcoming 2012) - were cited in the Abaclat awards.

Prof. Freyermuth Appears on ABA's "Professors' Corner"

Prof. Wilson Freyermuth was recently a moderator and panelist for the May 9, 2012 “Professors’ Corner” panel sponsored by the American Bar Association (ABA) Real Property, Trust and Estate Law Section’s Legal Education and Uniform Law Group.

During this national teleconference, he spoke about a recent case, Summerhill Village Condominium Association v. Roughley, 270 P.3d 639 (Wash. App. 2012), which interpreted Washington’s condominium statute in a lien priority dispute between an owners association’s lien for unpaid assessments and a mortgage lender’s lien on a particular owner’s condo unit. The decision, which held that the association’s foreclosure of its assessment lien extinguished the competing mortgage, has potential implications in 17 other states with common interest ownership statutes comparable to Washington’s.

Through his role as chair of the ABA Real Property, Trust and Estate Law Section’s Legal Education Committee, Prof. Freyermuth also served as the moderator for the April 2012 “Professors’ Corner” panel and will serve as the moderator on a recurring basis on future monthly calls.

President-Elect of The Missouri Bar to Speak at Hooding Ceremony

The School of Law will host its annual hooding ceremony to recognize its newest graduates on Sunday, May 13, at 1:30 pm in Jesse Auditorium on the University of Missouri campus. We are pleased to welcome as speaker Patrick Starke, '79, president-elect of The Missouri Bar. No ticket or registration is required for this event.

Congratulations to our new MU Law alumni!

Prof. Abrams to Discuss Title IX Gender Equity on WFAN Radio

On May 6, Prof. Doug Abrams will appear on "The Sports Edge," a weekly program on WFAN radio, New York's largest all-sports station. The hour-long show begins at 7:05 central time.

Prof. Abrams will discuss whether high school boys may play on a girls team when their public high school does not field a boys team in the particular sport. The answer concerns Title IX of the Education Amendments of 1972, which Congress enacted to provide gender equity at institutions that receive federal financing, as public school districts do. The focus will be on a recent controversy on Long Island, where a boy wishes to play on the girls field hockey team.

The podcast is now available at: http://newyork.cbslocal.com.

Prof. Strong Speaks at London School of Economics

Professor S.I. Strong spoke recently to a group of practitioners, academics and students at the London School of Economics on "Class Actions in the United States in the Wake of AT&T Mobility, Stolt-Nielsen and Dukes." U.S. class actions are a subject of great interest in Europe right now, given the European Parliament's recent resolution to develop a coherent European form of cross-border collective redress that improves on the U.S. experience.

Prof. Trachtenberg Receives Teaching Award

Prof. Ben Trachtenberg received the 2012 Gold Chalk Award from the MU Graduate Professional Council. The award is presented to graduate/professional school professors who have made significant contributions to the education and training of graduate and professional students. Recipients are nominated by students in their respective schools.

At the School of Law, Prof. Trachtenberg teaches Criminal Procedure, Evidence, Professional Responsibility and Trial Practice.

What Is Fair Housing? Dean Oliveri Speaks to the Missouri Commission on Human Rights

Dean Rigel Oliveri recently spoke with the Missouri Commission on Human Rights as part of their "Labor Talk" series for National Fair Housing Awareness month. In the podcast, Dean Oliveri addresses what fair housing means, what qualifies as discrimination under the Federal Fair Housing Act and Missouri Human Rights Act, and what laws pertain to online advertising for housing.

Prof. Strong to Publish Article in Top Peer-Reviewed International Journal

Professor S.I. Strong's new article, "Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices," has been accepted for publication in 28 Arbitration International (forthcoming 2012).

The article discusses a number of jurisprudential problems associated with the arbitration of trust disputes in both the commercial and non-commercial realms, and suggests how settlors can increase the enforceability of arbitration provisions in trusts through the use of proper procedures.

Arbitration International is the leading peer-reviewed journal in the field of international commercial arbitration and is read by arbitration experts from all over the world.

Congratulations to the Top 1L Moot Court Oral Advocates!

Congratulations to this year's Board of Advocates top moot court oral advocates:

Top 1L Moot Court Oral Advocate
Scott Sergent

Top 10 1L Moot Court Oral Advocates
Matt Dallavis
Daniel Hartman
John Herries
Rachel Hirschberg
Lexi Klaus
Larry Lambert
Amy Oslica
Jake Pfeiffer
Scott Sergent
Crystal Settlemoir

"Mortgage Insurance Shocker:" Prof. Freyermuth on Mortgage Insurance in Foreclosures

Prof. Wilson Freyermuth recently discussed mortgage insurance providers who may ask for reimbursement from homeowners who have lost their homes to foreclosure by way of subrogation.

"...Private mortgage insurance is really insuring the lender and not the borrower," he explained to credit.com. "When the private insurer has to pay off the lender because it suffered a loss, that loss will typically be passed on to the borrower."

Prof. Strong to Publish Article on Constitutional Rights and European Law

Professor S.I. Strong has recently had an article, "Cross-Border Collective Redress in the European Union: Constitutional Rights in the Face of the Brussels I Regulation," accepted for publication in 44 Arizona State Law Journal (forthcoming 2013).

The research discusses a recent resolution adopted by the European Parliament regarding large-scale inter-European litigation and considers the impact of the proposal on individual rights as well as U.S. class actions.

"Living Season to Season and Learning to Love It:" Prof. Dragich Discusses Her Food Philosophy

Prof. Martha Dragich was recently profiled in the Columbia Tribune about her food philosophy in "Living Season to Season and Learning to Love It."

Prof. Dragich, who makes an effort to cook with locally grown and produced food, is completing the Agriculture and Food Law Program at the University of Arkansas School of Law in Fayetteville and will teach a food law class at MU.

Prof. Lande Publishes Article on Family Law Dispute Resolution

Prof. John Lande published "The Revolution in Family Law Dispute Resolution," in 24 Journal of the American Academy of Matrimonial Law 411 (2012).

In the article, he describes how the revolution in American family law led to a revolution in family law dispute resolution in the past 50 years.

Dean Bailey Named to Uniform Athlete Agents Act Committee

Assistant Dean Bob Bailey was recently named to the Uniform Law Commissioners Study Committee on Amending the Uniform Athlete Agents Act.

Dean Bailey was selected based on his experience with intercollegiate and professional athletics. He has chaired the NCAA-sanctioned Professional Sports Council at MU, providing advice to prospective professional athletes by contacting agents for them, reviewing contracts and assisting student-athletes with drafts and employment by professional sports organizations. He has worked extensively with the Athletic Department at Mizzou, including service as the chair of the department's strategic planning committee for the last 15 years. He has also worked extensively with NCAA athletic department accreditations across the country and serves as a salary arbitrator for Major League Baseball.

The Uniform Athlete Agents Act was adopted in 2000. This study committee "will consider and make recommendations concerning the need for and feasibility of drafting amendments to [the act]."

Prof. Lambert Again Cited for Connection to President Obama and 5th Circuit Judge

Prof. Thom Lambert's ties to Judge Jerry Smith of the 5th Circuit and President Obama were cited by The Wall Street Journal in the article "Fight Over Court's Role in Health Care Escalates." Prof. Lambert took a constitutional Law class from the President while he attended the University of Chicago Law School and later clerked for Judge Smith.

In the article (available by subscription only), Prof. Lambert explained how Judge Smith's contentions with President Obama's statements about the role of the Supreme Court stemmed from the judge's belief in the separation of government branches. Lambert explained that Judge Smith is "a very principled judge."

From the Wall Street Journal:

"Fight Over Court's Role in Health Care Escalates

A federal appeals-court judge's order requiring the Justice Department to affirm whether it thinks courts can overturn federal legislation stoked the partisan disagreement over the Obama administration's health-care law.

Tuesday's order by Judge Jerry Smith, a Reagan appointee on the Fifth U.S. Circuit Court of Appeals, came in response to comments a day earlier by President Barack Obama. Asked about the coming Supreme Court ruling on the constitutionality of his Affordable Care Act, Mr. Obama said on Monday that it would be "unprecedented" for "unelected" judges to overturn the law. ...

Judge Smith joined the court in 1987. Among his notable rulings is the majority opinion he wrote in 1996 that invalidated the use of affirmative-action policies in admissions to the University of Texas Law School. That ruling was voided by the Supreme Court, which upheld the University of Michigan's use of affirmative action in a separate 2003 case.

Thom Lambert, an associate law professor at the University of Missouri who served as a clerk for Judge Smith in 1998-99 and took a constitutional law class taught by Mr. Obama at the University of Chicago before that, said the judge often took an interest in the separation of the branches of government. "He's a very principled judge," Mr. Lambert said."

MU Law Supporters to be Recognized at Annual Event

Some of the law school's strongest supporters will be recognized today at The Law Society Dinner in St. Louis.

Each year, donors who meet minimum giving requirements are inducted into The Law Society in the spring. This year, the School of Law will recognize nine inductees, as well as six individuals who have reached higher levels of giving in The Law Society.

Congratulations and thank you to this year's inductees:

Jan Robey Alonzo, '82
Craig Biesterfeld, '78
Matthew Clement, '95
Jeffrey Comotto, '83
Christopher Daus, '86 (posthumous)
Arthur Guller, '59
William Morgan, '67
Edward Stevens, '98
Jennifer Atterbury Stevens, '98

Congratulations and thank you to members who have elevated their level of membership in The Law Society:

Alan Atterbury, '69
Larry Dessem
Don Downing, '82
Henry Lowe
Kenneth Suelthaus, '69
Brian Underwood, '78

For more information about The Law Society, please contact Mark Langworthy, director of development, at 573-884-3083 or langworthym@missouri.edu.

Prof. Strong to Publish Two New Articles on Trust Arbitration

Professor S.I. Strong has recently had two new articles accepted for publication.

The first, "Arbitration of Trust Disputes: Two Bodies of Law Collide," will appear in 45 Vanderbilt Journal of Transnational Law (forthcoming 2012).

The second, "Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust," will appear in 47 Real Property, Trust and Estate Law Journal (forthcoming 2012), the top peer-reviewed academic journal in the field.

Prof. Esbeck Discusses Pending Missouri Legislation for Animal Agriculture on NPR

Prof. Carl Esbeck discussed new legislation in Missouri that could dictate how pork producers raise pigs on NPR Harvest Public Media. Many animal agriculturalists in the state worry interest groups do not understand what it takes for farmers to provide enough meat to satisfy the market. Prof. Esbeck, however, argues that farmers should pay attention to what the consumers want. He does not believe the new law would be necessary if farmers took into account what new animal rights trends are developing and adapted to satisfy these demands.

8th Annual Run/Walk Honors Dean Heinsz, Dean Devine

The School of Law's Student Bar Association will host the 8th Annual Timothy J. Heinsz Memorial 5k Run/Walk and the 2nd Annual Jim Devine Memorial Dog Walk on April 21, starting at 9 am at Hulston Hall on the MU campus. All skill levels of runners and walkers, with or without their dogs, are welcome to participate in the event.

The 5k and Dog Walk celebrate the lives of Tim Heinsz, late former dean of the School of Law, and Jim Devine, late associate dean of the School of Law. Both men contributed years of dedicated service to MU Law and their students worked hard to create an annual event to honor these contributions. The event combines Dean Heinsz's love of running and Dean Devine's love of dogs and his support boxer rescue efforts. Since 2008, the proceeds from this event have helped support a scholarship to be awarded to one deserving student each year.

Online registration is open now through April 19. Late registration and packet pick-up will take place on Friday, April 20, from 10 am- 7 pm and Saturday, April 21, from 7 am- 8:30 am at the law school. For more information contact, Neal Griffin at ngpmc@mail.missouri.edu or Kate Gallen at kg9pd@mail.missouri.edu.

Missouri Lawyers Media Honors Members of the MU Law Community

On April 19, seven members of the MU Law community will be recognized during the Missouri Lawyers Media Women's Justice Awards gala. The awards cerebration recognizes leading women professionals in Missouri. This year's MU Law recipients are:

Leaders of Tomorrow Award
Awarded to women law students at area law schools who demonstrate leadership, professionalism and a passion for making a difference in the justice system or the legal profession.
Lauren Collins, 2L

Rising Star Award
Awarded to women lawyers 40 or under or within the first 10 years of practice who have already made a difference in the justice system or the profession and who appear on a path toward even greater accomplishment.
Ginger K. Gooch, '00

Legal Scholar Award
Awarded to women faculty members or administrators at area law schools who fulfill the above ideals through their own work with the justice system, through their research or scholarship, or through teaching and inspiring others.
Prof. Carli Conklin

Enterprise Award
Awarded to women in a business setting, be they entrepreneurs, executives, corporate counsel or other business professionals, who fulfill the above ideals in contributing to the improvement of the justice system.
Randa Rawlins, '82

Litigation Practitioner Award
Awarded to women trial practitioners who fulfill the above ideals in improving the quality of justice or contributing to the betterment of the profession.
Nancy E. Kenner, '83

Public Official Award
Awarded to women judges and other public officials whose public service fulfills the above ideals in improving the quality of justice.
Judge Nanette K. Laughrey, '75

Public Service Practitioner Award
Awarded to women government and non-profit lawyers who improve the quality of justice or contribute to the betterment of the profession.
Susan M. Alverson, '85

Dean Oliveri's Article Cited in Discussion of U.S. District Court Case

Associate Dean Rigel Oliveri's article, "Is Acquisition Everything? Protecting the Rights of Occupants Under the Fair Housing Act," was cited favorably by the U.S. District Court for the District of Northern Ohio in the recent decision Hidden Village v. City of Lakewood. Oliveri's article helped the court determine the standards for what is considered discriminatory conduct.

Heroes for My Daughter: Book Researched and Drafted by Prof. Desnoyer Hits Bookstores

The non-fiction book Heroes for My Daughter, researched and drafted by Prof. Brad Desnoyer and written by international bestselling author Brad Meltzer, was released on April 10.

Heroes for My Daughter, the follow-up companion to the New York Times Bestseller Heroes for My Son , brings together the stories of 60 remarkable individuals, from intellectual explorers such as Marie Curie, Sally Ride and Jane Goodall to cultural champions like Billie Jean King; from implacable public figures such as Rosa Parks and Winston Churchill to artistic icons such as Leonardo Da Vinci and Stevie Wonder; and beyond.

Heroes for My Daughter is a collection of inspirational, real-life figures for all children to learn how to lead a powerful, motivated, fulfilling life.

Excerpts of the book are available on Brad Meltzer's website.

Prof. Mitchell Discusses Felon Disenfranchisement and Its Implications

Prof. David Mitchell was interviewed this spring for FOCUS, a Jefferson City (Mo.) TV Access Program (JCTVAccess) hosted by W.T. Edmonson.

During the interview, Prof. Mitchell discussed felon disenfranchisement and the implications that such laws have broadly, and on communities of color in particular.

Pres. Obama's Affordable Care Act Should be Struck Down: Prof. Joshua Hawley in St. Louis Post-Dispatch

Prof. Josh Hawley argued in a recent opinion essay published in the St. Louis Post-Dispatch that the individual mandate at the center of Pres. Obama's Affordable Care Act should be struck down.

He writes, "The act regulates even private individuals who do not wish to participate in the insurance market by commanding them to do so or pay a fine. And that's the problem."

MU Law Professor Serves on Prominent NCAA Committee

Prof. Rod Uphoff has served on the NCAA Committee on Infractions (COI) for almost three years. He was nominated by former Big 12 Commissioner Dan Beebe after being recommended for the position by MU Chancellor Brady Deaton. He was appointed by NCCA Division 1 Board of Directors in May 2009.

The COI includes a number of law professors, most of whom serve as faculty athletic representatives; several conference commissioners and athletic department administrators; and two public members, both of whom are lawyers. It is responsible for hearing allegations of possible violations of NCAA rules by member schools or coaches. If the COI finds that a school or coach violated the rules, then it also sets the penalty. If the school or coach disagrees with the COI's decision, an appeal can be taken to a different NCAA committee, the Infractions Appeal Committee.

Prof. Uphoff generally serves as one of the COI's two appeals coordinators. In that capacity, if a school or coach takes an appeal, Prof. Uphoff or the other appeals coordinators defends the committee's decision.

In his first appeal, Prof. Uphoff had to defend the COI's decision to ban the University of Southern California's football program for two years of post-season play and the basketball team for one year. USC appealed the decision claiming the two-year ban was unprecedented and too severe. The Infractions Appeal Committee ultimately agreed with Prof. Uphoff's argument that the evidence supported the COI's findings and the penalty meted out and upheld the COI's decision.

After his three-year term expires this year, Uphoff will be eligible for appointment to another term.

Get Your Knickers Ready and Your Teams Together! WLA Golf Tournament Tickets Now on Sale

Get your knickers ready and your teams together - the Women's Law Association started selling tickets this week for its annual recreational golf tournament.

The shotgun start tournament, which will be held on April 21 at 1 pm, will be held at Eagle Knoll Golf Course near Columbia. All students, faculty, staff and friends of the law school are invited to play.

The cost is $55 per player or $220 per team of four. Included in the entrance fee are greens/cart fees, complimentary beer on the course and a free happy hour with appetizers and drink specials following the tournament at the Deuce Pub and Pit in Columbia.

Tickets are available in the Fireplace Lounge of Hulston Hall Tuesdays through Thursdays from 11 am to 2 pm until the tournament, or by contacting Abby Schaberg at aesr34@mail.missouri.edu.

Missouri's Castle Doctrine and Florida's Stand Your Ground Law Focus of Prof. Mitchell Interview

Prof. David Mitchell Mitchell recently discussed Missouri's Castle Doctrine and the controversial Florida Stand Your Ground Law on KMIZ-TV, Columbia's ABC affiliate.

The Florida Stand Your Ground law, which is being asserted in the Trayvon Martin case by neighborhood watchman George Zimmerman, allows an individual who reasonably believes that another will cause serious bodily injury or death to use deadly force in self-defense.

Prof. Diamond Presents E-Discovery Overview at Advanced Trial Skills Conference

Professor Randy Diamond recently provided an e-discovery overview at the 2012 Advanced Trial Skills: Issues in Electronic Evidence conference. The conference was attended by nearly 70 Missouri state court judges.

Prof. Diamond also prepared an online Electronic Discovery Resource Guide available at http://libguides.law.missouri.edu/electronicdiscovery

National Black Law Students Association Presents Scholarship to MU Law Student

Third-year law student Karma Johnson was one of six recipients of The Rodney Pulliam Memorial Scholarship awarded to members of the National Black Law Students Association (NBLSA).

The scholarship, named for Rodney Pulliam, who served as the 1998-1999 NBLSA national chair, is given to law students who exemplify the theme of NBLSA for the year, "Building Pipelines for the Future," through leadership, social action and community service.

MU Announces Appointment of New Law School Dean

Gary Myers, associate dean for research and professor of law at the University of Mississippi School of Law, has been named dean of the University of Missouri School of Law, Provost Brian Foster announced. Myers will officially begin serving as dean on Aug. 15.

"Gary Myers comes to MU with extensive experience in legal education and administration," MU Provost Brain Foster, said. "His expertise in intellectual property law is extremely appropriate at this time in connection with MU's strong emphasis on entrepreneurship. He will provide strong leadership for the School of Law following Larry Dessem's 10-year term as dean. We are delighted to welcome him and his wife, Bridget, to MU."

Myers graduated with honors from Duke University School of Law and graduated summa cum laude with a bachelor's degree in economics from New York University. In addition to his time at the University of Mississippi School of Law, Myers was an associate with Powell, Goldstein, Frazer & Murphy in Atlanta and served as a law clerk on the U.S. Court of Appeals for the Eleventh Circuit in Jacksonville, FL. He is an elected member of the American Law Institute, a member of the American Law and Economics Association, and a member of the American Bar Association.

"Gary has a keen vision and ideal experience which positions him perfectly to take the law school to the next level," said Joan Gabel, dean of the Trulaske College of Business and co-chair of the search committee for the law school dean. "I'm delighted to have him as a colleague and a neighbor on campus."

Myers also served as Distinguished Visiting Professor of Law at the Loyola University School of Law in 2008, Visiting Professor of Law at the Tulane University School of Law in 2001 and Visiting Associate Professor of Law at the College of William and Mary School of Law in 1999. He has had many books published including, "Entertainment, Media & the Law: Cases & Materials," "Intellectual Property Principles," and "The Intersection of Antitrust & Intellectual Property: Cases & Materials." In addition, Myers has had more than a dozen articles published in journals such as the Journal of Intellectual Property Law and the Minnesota Law Review.

"I am honored to have been selected as the next dean of the MU School of Law," Myers said. "I want to thank Provost Brian Foster, the search committee, and the faculty for their confidence in me. MU has a great law school with a strong faculty, a collegial environment, and an impressive student body. I look forward to building on the work of prior deans so that the law school can have continued success in training outstanding lawyers, producing excellent legal scholarship, and providing public service to the community."

Myers replaces R. Lawrence Dessem, who served for the past 10 years as dean. Dessem will be on sabbatical in the fall and will teach in MU's London Law Consortium in the spring of 2013.

Prof. Lambert Discusses Pres. Obama's Recent Remarks on Judicial Review

Prof. Thom Lambert recently appeared on the Fox News program "Fox & Friends" to discuss Pres. Obama's recent remarks on judicial review and a federal court's response.

Having been a law student of Pres. Obama and a law clerk to the federal judge who ordered the Justice Department's response to the President's recent comments, Prof. Lambert is able to offer a unique perspective on the matter.

"Implications of the Death of Trayvon Martin:" Panel Includes MU Law Prof. David Mitchell

On April 9, the MU Law Diversity Committee and the MU Difficult Dialogues Program will present "Implications of the Death of Trayvon Martin," a panel that will examine the legal, psychological and media perspectives on the death of Trayvon Martin.

Panelists will include members of the MU community, including Prof. David Mitchell of the School of Law, and will be moderated by Roger Worthington, professor of counseling psychology and higher education at MU.

Panelists will open the conversation about this issue by discussing the Stand Your Ground Law in Florida; general self defense law; the social psychology of racial bias; and media coverage surrounding this event.

The panel will be held from 1-3 pm in the Courtroom of Hulston Hall on the MU campus. Members of the public are welcome to attend.

Prof. Strong's Articles Reprinted in Spanish and in Leading Practitioner Guide

Prof. S.I. Strong recently had two articles reprinted in leading sources.

The first, "International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective," appeared originally in 22 Duke Journal of Comparative & International Law 47 (2011) and was reprinted in Spanish as "El Arbitraje Internacional en Colombia Desde una Perspectiva Estadounidense" in 15 Revista Internacional de Arbitraje 144 (2011).

The second, "Research in International Commercial Arbitration: Special Skills, Special Sources," originally appeared in 20 The American Review of International Arbitration 119 (2009), the only U.S.-based peer-reviewed journal in international arbitration, and was reprinted with amendments as "Research in International Commercial Arbitration: A World of Difference," in Practitioner's Handbook on International Arbitration and Mediation 425 (Juris Publishing Inc., 3d ed. 2012).

Should College Athletes Allow Coaches to Monitor Their Personal Social Media Accounts? Prof. Abrams on "The Sports Edge"

Prof. Doug Abrams was recently a guest on "The Sports Edge," a weekly show broadcast on WFAN radio in New York City. WFAN is New York's leading all-sports station.

With host Rick Wolff and show callers, Prof. Abrams discussed the privacy implications of decisions by some college coaches to request their players' confidential social media information so that the coaches can monitor the players' messages. Some high school coaches may soon begin monitoring their players.

Prof. Mitchell Presents Work in Progress Critiquing Current Felon in Possession Law

Prof. David Mitchell recently presented a work in progress, "Notice(ing) Ex-Offenders: The Case of Willie L. Williams" at an MU Black Studies Research Roundtable. The paper critiques the current felon in possession law in Missouri that prohibits ex-offenders from possessing any firearm. The previous statute prohibited ex-felons from possessing concealable weapons but was changed in 2008.

In his paper, Prof. Mitchell recommends when a law shall deprive an individual of a fundamental right through a passive violation of the law, the state should provide notice and a period of compliance.

"Courageous Conversations" Presentation on Contraception, Women's Health and Religious Freedom Featured MU Law Faculty

A recent panel on contraception, women's health and religious freedom featured MU Law Associate Dean Rigel Oliveri and Associate Professor Josh Hawley.

Dean Oliveri is a former civil rights lawyer who served as an intern at the National Women's Law Center in the Health Care and Reproductive Rights Section and has written on the issue of reproductive rights.

Prof. Hawley is a former clerk to U.S. Supreme Court Chief Justice John Roberts and has litigated constitutional issues in state and federal courts and the U.S. Supreme Court. He recently served as counsel to the plaintiffs in what is widely regarded as the most significant case on religious freedom decided by the U.S. Supreme Court in 30 years.

Missouri Court of Appeals for the Western District at School of Law on April 5

On Thursday, April 5, the Missouri Court of Appeals for the Western District will hear oral arguments in four cases at the School of Law. Court will be held from 9 am to noon in the Courtroom of Hulston Hall.

The four cases that will be argued on appeal to the Western District are: State of Missouri v. Travis Bush, Ricky Sieg v. International Environment Management, Inc., Steward Title Guaranty Co. v. Central Missouri Abstract & Title Co., and State of Missouri v. William Morrison. Briefs are available here.

The Kansas City-based Court of Appeals regularly hosts sessions throughout its district, which covers 45 counties in northwest and central Missouri.

"It is important for the Court to convene oral arguments outside of Kansas City," Judge Karen King Mitchell says. "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." Such presence is particularly advantageous for law students. As the first-year class prepares for 1L Moot Court, this event provides students with a chance to see practicing lawyers arguing their own briefs before a panel of judges.

In addition to Judge Mitchell, arguments will be heard by MU Law alumni Judge Mark Pfeiffer of the Class of 1992 and Judge Gary Witt of the Class of 1990.

8th Annual Run/Walk Honors Dean Heinsz, Dean Devine

The School of Law's Student Bar Association will host the 8th Annual Timothy J. Heinsz Memorial 5k Run/Walk and the 2nd Annual Jim Devine Memorial Dog Walk on April 21, starting at 9 am at Hulston Hall on the MU campus. All skill levels of runners and walkers, with or without their dogs, are welcome to participate in the event.

The 5k and Dog Walk celebrate the lives of Tim Heinsz, late former dean of the School of Law, and Jim Devine, late associate dean of the School of Law. Both men contributed years of dedicated service to MU Law and their students worked hard to create an annual event to honor these contributions. The event combines Dean Heinsz's love of running and Dean Devine's love of dogs and his support boxer rescue efforts. Since 2008, the proceeds from this event have helped support a scholarship to be awarded to one deserving student each year.

Online registration is open now through April 19. Late registration and packet pick-up will take place on Friday, April 20, from 10 am- 7 pm and Saturday, April 21, from 7 am- 8:30 am at the law school. For more information contact, Neal Griffin at ngpmc@mail.missouri.edu or Kate Gallen at kg9pd@mail.missouri.edu.

Lloyd L. Gaines Scholarship Banquet Ticket Deadline Nears

The deadline for purchasing tickets to the 26th Annual Lloyd L. Gaines Scholarship Banquet, hosted by the Black Law Students Association (BLSA), is Monday, April 2.

This event, which will be held on Saturday, April 7, will include networking and cocktails, followed by dinner and a program, including the presentation of a documentary paying homage to Lloyd Gaines created by law students Donovan-Donnell Ferguson and Arsenio Mims.

This year, BLSA will give scholarships to two deserving students and will honor Michelle Heck, director of law school admissions, for her contributions to the School of Law and to BLSA. The keynote speaker is Michael Middleton, '71, deputy chancellor of MU and professor of law.

The banquet is a formal affair. General tickets are available for $50 and student tickets are available for $30.

Prof. Strong to Convene International Conference in The Netherlands, Opening Call for Proposals

Large-scale international legal injuries are becoming increasingly prevalent in today's globalized economy, whether they arise in the context of consumer, commercial, contract, tort or securities law, and countries are struggling to find appropriate means of providing collective redress, particularly in the cross-border context.

Prof. S.I. Strong, who is currently on leave from the School of Law and serving as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law (HiiL) and the Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS), will be convening a two-day event in the Netherlands responding to this developing challenge.

The event includes two different elements - a workshop on June 21-22 comprised of invited speakers from all over the world presenting papers on the theme "Collective Redress in the Cross-Border Context: Arbitration, Litigation, Settlement and Beyond" and a works-in-progress conference on June 20-21, designed to allow practitioners and scholars who are interested in the area of collective redress to discuss their work and ideas in the company of other experts in the field.

Prof. Strong is currently accepting proposals for the works-in-progress conference. Interested individuals should forward an abstract of no more than 500 words to Prof. Strong at strongsi@missouri.edu by May 1, 2012. Decisions will be made in early May, and those whose proposals are accepted will need to submit a draft paper by June 4 for discussion at the works-in-progress conference.

All submissions should explore one or more of the various means of resolving collective injuries, including class and collective arbitration, mass arbitration and mass claims processes, class and collective litigation, and large-scale settlement and mediation, preferably in a cross-border context.

More information on both the works-in-progress conference and the Schermers workshop is available from HiiL or from Professor Strong at strongsi@missouri.edu.

"Hands Off People's Choice of Roommates:" The Washington Post Publishes Op-Ed Written by Prof. Oliveri

The Washington Post recently published an op-ed written by Prof. Rigel Oliveri about a fair housing opinion handed down by the U.S. Court of Appeals for the 9th Circuit last month. The opinion ruled that people seeking roommates are shielded from fair-housing laws by the First Amendment's protection of free association.

Prof. Abrams Speaks at Washington University Access to Equal Justice Colloquium

On March 23, Prof. Doug Abrams spoke at the Washington University School of Law's 12th Annual Access to Equal Justice Colloquium. This year's colloquium focused on "Evolving Standards in Juvenile Justice."

Prof. Abrams discussed juvenile justice in Missouri from statehood in 1821 to the 21st century. He drew material from his 2003 book, A Very Special Place in Life: The History of Juvenile Justice in Missouri, which traces Missouri's progress from having one of the nation's most troubled juvenile justice systems to having a system widely praised today as "the most successful statewide juvenile justice program in the nation" and "a model for juvenile justice reformers."

Prof. Abrams serves on the 15-member bi-partisan state advisory board of the Missouri Division of Youth Services (DYS). The New York Times calls DYS "a nationally recognized model of how to deal effectively with troubled children... [W]ith favorable data piling up, and thousands of young lives saved, [Missouri] is now showing the way out of the juvenile justice crisis."

"Defending the Eyewitness I.D. Case" CLE Features Director of Career Development Grant Shostak and Prof. Rod Uphoff

Director of Career Development Grant Shostak, '96, and Prof. Rod Uphoff will participate in a telephone continuing legal education session for The Missouri Bar on March 28. Prof. Uphoff will serve as a speaker during the program, "Defending the Eyewitness I.D. Case," and Shostak as moderator.

According to The Missouri Bar, the seminar will "help the criminal defense attorney attack [the] evidence in court and expose the problems and pitfalls associated with eyewitness evidence." Highlights include mistaken identification, the science of eyewitness evidence, recent cases on the admissibility of eyewitness identification testimony, tips for opening statements in eyewitness cases, attacking police line-up procedures and using eyewitness and memory experts in Missouri.

Prof. Crouch's Blog Cited in Discussion of Supreme Court Case

In an important patent decision on March 20, the Supreme Court of the United States cited an article by Prof. Rebecca Eisenberg that was first published on Patently-O, the popular patent blog run by Prof. Dennis Crouch. Following the decision, ScienceInsider cited Prof. Crouch's discussion of the case, Mayo v. Prometheus, and its impact on the patenting of isolated human DNA.

School of Law Offices and Library Open During MU Spring Break

School of Law offices will remain open during regular business hours for the week of MU's spring break -- March 24-31. The Law Library will be open 8 am to 4:45 pm during the week and will be closed to the public on Saturday, March 24, and Sunday, March 25.

"Airspace and the Takings Clause:" Prof. Rule's Article to be Published by Washington University Law Review

Prof. Rule's article, "Airspace and the Takings Clause," will be published in an upcoming edition of the Washington University Law Review. In this article, he argues that the U.S. Supreme Court's regulatory takings jurisprudence fails to protect citizens against certain types of airspace restrictions. It describes wind energy regulations aimed at protecting military radar and height restrictions designed to create buffer areas near municipal airports and argues that these sorts of regulations should entitle landowners to just compensation under the Takings Clause.

Articles by Prof. Wells and Prof. Trachtenberg Published by UCLA Law Review Discourse

The UCLA Law Review Discourse recently published articles by Prof. Chris Wells and Prof. Ben Trachtenberg. Both articles are available in volume 59 of the publication.

Prof. Wells' essay, "Lies, Honor, and the Government's Good Name: Seditious Libel and the Stolen Valor Act," discusses an act that punishes anyone who lies about having received a military medal. The U.S. Supreme Court will decide whether the act violates the First Amendment in the next few months.

In this essay, Prof. Wells argues that the Stolen Valor Act revives a crime similar to the disfavored crime of seditious libel, which tried to protect the dignity and honor of government officials by preventing negative statements about them. She also argues that the court has categorically rejected the crime of seditious libel as inconsistent with the First Amendment and should similarly find the Stolen Valor Act inconsistent with the First Amendment.

Prof. Trachtenberg's essay, "Tinkering With the Machinery of Life," discusses policies recently adopted by the Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT). Under new cost-benefit analysis procedures, EPA and DOT will upwardly adjust the value of future human lives expected to be saved by federal regulations, such as workplace safety rules and vehicle safety standards. The upward adjustment---which reflects the expectation that real income grows over time---has the effect of increasing the expected benefits of proposed regulations, which makes lifesaving regulations easier to enact.

"Missouri Must Get Death Penalty Right:" The Kansas City Star and St. Louis Post-Dispatch Publish Op-Ed Written by Prof. Litton and Alum Hal Lowenstein

The Kansas City Star and St. Louis Post-Dispatch recently published an op-ed written by

Prof. Paul Litton; Harold L. Lowenstein, '65; and Douglas A. Copeland - three members of the Missouri Death Penalty Assessment Team, sponsored by the American Bar Association - about their committee's findings and recommendations.

"Our comprehensive analysis and recommendations for reform address all stages of the process, including the investigation and prosecution of capital cases, appeals, and clemency proceedings," they note. Suggested changes include the adoption of best practices for eyewitness identifications, amendments to Missouri's interrogation recording statute, and a law requiring preservation of biological evidence for as long as an inmate remains incarcerated.

The article also notes strengths of Missouri's death penalty system.

The team announced the results of their review on March 1.

Student Bar Association Announces 2012-2013 Leaders

Congratulations to MU Law Student Bar Association officers and representatives for the 2012-2013 academic year!

President
Stephanie Liu

Vice-President
Samantha Ghormley

Treasurer
Jennifer Winebright

Secretary
Chris Lesinkski

2L Representatives
Matt Dallavis, Daniel Hartman, Rachel Hirshberg & Clark McVey

3L Representatives
D'Juan Neal, Braden Posey, Dane Rennier & EJ Sansone

Prof. Dennis Crouch Named to the Top 50 Most Influential Law Professors on Twitter

Prof. Dennis Crouch was named one of the top 50 most influential law professors on Twitter by worldwidelearn.com. Law professors were selected based on the quality of tweets, the number of followers and the most active users. According to worldwidelearn.com, the professors listed "dominate the Twitter-verse, either through the wit, volume or audience."

Prof. Crouch's Twitter handle is @patentlyo.

Executive Director of Phi Delta Phi Visits School of Law

Tim Wheat, executive director of Phi Delta Phi, recently visited the School of Law for student initiation into Tiedeman Inn, the MU Law chapter of the honors fraternity.

The visit marks the first time that an executive director has visited from Phi Delta Phi headquarters in Washington, D.C. Wheat oversaw initiations for the largest induction class Tiedeman Inn has ever had - 32 new members.

Third-Year Student Selected for HUD Legal Honors Program

Third-year MU Law student Kirk Dryer has been selected for the highly competitive Legal Honors Program run by the U.S. Department of Housing and Urban Development (HUD) Office of General Counsel.

Dryer, who was selected from a nationwide applicant pool, will be working in HUD's Nashville office. "I am very fortunate to find a position in my preferred practice area immediately after law school," Dryer says. "I am excited to move to Nashville and have opportunities to take on responsibilities that most new attorneys don't get to try, all while facilitating community development and affordable housing for Tennessee residents."

Dryer is a native of Liberty, Mo. He received his bachelor's degree in human and organizational development from Vanderbilt University's Peabody College.

The Legal Honors Program is the only hiring opportunity for entry-level attorneys in HUD's Office of General Counsel. The Office of General Counsel is made up of 400 attorneys in 10 regional offices and 36 field offices, and is headquartered in Washington, D.C. According to program materials, Legal Honors participants receive "challenging assignments, job-related training and the guidance of mentors and rotations within the Office of General Counsel."

Canadian Coaches' Magazine Features Article by Prof. Abrams

BC Coaches Perspective, the quarterly magazine of the Coaches Association of British Columbia, has republished Prof. Doug Abrams' recent article, "Equal Playing Time Before Middle School" (Part I, Part II, Part III). The article urges youth sports coaches to assure youngsters equal playing time in every game, particularly at age levels below middle school. The three-part article originally appeared on a leading U.S. sports blog, "Ask Coach Wolff."

The Coaches Association of British Columbia seeks to facilitate coaches' development and ongoing education. BC Coaches Perspective features articles on sport nutrition, sports psychology, legal issues in sports, and sports medicine.

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 sports ethics. The Manchester (N.H.) 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." 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."

Prof. Strong Cited in Top Arbitral Award of 2011

Two of Prof. S.I. Strong's articles - "From Class to Collective: The De-Americanization of Class Arbitration," in 26 Arbitration International 493 (2010), and "Does Class Arbitration 'Change the Nature' of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles," in 17 Harvard Negotiation Law Review (2012) - were cited in the majority and dissenting awards in Abaclat v. Argentine Republic. The case is an International Centre for Settlement of Investment Disputes arbitration that was recently voted the arbitration decision of 2011 by the readers of OGEMID, the leading listserv in the field of international arbitration.

The majority and dissenting awards also won top prize and runner up (respectively) in the category of most controversial or surprising decision for 2011. Abaclat is the first time that a mass claim (in this instance, involving 60,000 Italian claimants) has been brought in the context of treaty-based arbitration.

New Editorial Members of the School of Law's Three Journals Announced

Congratulations to the new members of the editorial boards of the School of Law's three journals!

Missouri Law Review

Editor in Chief
Ashley Cross

Managing Editor
Kate Gallen

Senior Lead Articles Editor
Michelle Wright

Lead Articles Editor
Jonathan Bremer, Ben Harner & Elizabeth Weber

Associate Editor in Chief
Luke Weissler

Associate Managing Editors
Kevin Hoffmeyer & Kevin Stockman

Senior Note and Comment Editor
Madison Marcolla

Note and Comment Editors
Stephanie Liu, Abby Schaberg, Amy Sestric & Curtis Shank

Layout and Design Editor
Scott Lee Smithson

Senior Associate Editor
Joe Meyer

Associate Editors
Melissa Cullman, Haden Crumpton, Chantal Fink, Conor Neusel, Joe Palumbo & Cody Reinberg

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Journal of Dispute Resolution

Editor in Chief
Collin Koenig

Managing Editor
John Griesedieck

Associate Editor in Chief
Emily Walker

Assistant Managing Editors
Sarah Seberger & Henry Tanner

Lead Articles Editor
Shane Blank

Senior Note and Comment Editor
Benjamin Faber

Note and Comment Editors
Tyler Beckerle, Valerie Dixon & Amanda Roberts

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Journal of Environmental and Sustainability Law

Editor in Chief
Trever Neuroth

Managing Editor
Mark Godfrey

Associate Editor in Chief
James Boresi

Lead Articles Editor
Burke Bindbeutel

Note and Comment Editors
Marriam Lin & Kevin Luebbering

Associate Managing Editors
Patrick Kutz & Ryan Niehaus

Prof. Strong Cited by Two Federal Courts

Prof. S.I. Strong's article, "Law and Religion in Israel and Iran: How the Integration of Secular and Spiritual Laws Affects Human Rights and the Potential for Violence," in 19 Michigan Journal of International Law 109 (1997), was recently cited as authority by two federal courts.

The two decisions -- Mayer v. Mayer, Nos. 11-cv-6385 (ENV)(SMG), 11-cv-236 (ENV)(RER), 2012 WL 441182 (Eastern District of New York, Feb. 10, 2012), and Schultz v. Medina Valley Independent School Districts, No. SA-11-CA-442-FB, 2012 WL 517518 (Western District of Texas, Feb. 9, 2012) -- were unrelated.

Mass Torts and Arbitration: Prof. Strong Speaks at Symposium in Spain

Prof. S.I. Strong spoke recently at the "Uncertainty and Mass Tort: Causation and Proof" symposium, held at the University of Girona in Spain. Her presentation, "Mass Torts and Arbitration: Lessons from Abaclat v. Argentine Republic," discussed the possible use of arbitration to resolve cross-border collective disputes in tort. Prof. Strong's written contribution to the symposium will be available in a collection of essays published later this year in English and Spanish.

Prof. Strong is currently on leave from the School of Law and is serving as the Henry G. Schermers Fellow at the Hague Institute for the Internationalisation of Law and the Netherlands Institute for Advance Study in the Humanities and Social Sciences.

Director of Admissions Michelle Heck Presents on Going Paperless

The School of Law's Director of Admissions, Michelle Heck, recently presented "Is Life Better After Going Paperless?" with Tracy Simmons of Chapman University School of Law at the Electronic Services Conference sponsored by the Law School Admissions Council. The two-day conference was designed to discuss the technological side of the law school admissions process.

John Edwards' Defense Team Cites Prof. Trachtenberg's Article

The defense team of former Sen. John Edwards, who is being prosecuted for receiving illegal campaign contributions, cited an article by Prof. Ben Trachtenberg in a recent brief. The brief relies on "Coconspirators, 'Coventurers,' and the Exception Swallowing the Hearsay Rule," a 2010 Hastings Law Journal article, to rebut prosecution arguments concerning the admissibility of "coventurer hearsay."

Federal Court Uses Prof. Crouch's Blog Post for Justification

A federal court in the Eastern District of New York recently justified its holding in a patent case based upon a post written by Prof. Dennis Crouch in his popular blog Patently-O.

Prof. Dennis Crouch had written about a doctrine known as "joint patent infringement" and about a recent series of cases that limits the ability of a patent holder to claim joint infringement based upon the collective efforts of a set of defendants. Based upon those cases, the court in Tropp v. Conair Corp., 08-cv-4446 (E.D.N.Y. Feb. 28, 2012) found that no infringement had occurred. However, the court refused to award attorney fees to the defendants based upon Prof Crouch's explanation that the prior line of cases left some wiggle room for courts to find joint infringement absent fact sufficient to support traditional vicarious liability.

Prof. Litton Testifies on Cost of Death Penalty Administration

Prof. Paul Litton recently testified to the Missouri Senate Committee on Governmental Accountability in support of Senate Bill No. 786, which would require the state auditor to produce a report on the cost of administering the death penalty. The bill would also require the auditor to compare costs to county and state governments for death penalty cases and cases for which the prosecutor chose not to seek capital punishment. Prof. Litton was invited to testify by the bill's sponsor, Sen. Joseph Keaveny.

Prof. Litton is the co-chair of the Missouri Death Penalty Assessment Team.

Prof. Litton Addresses Changes to Improve Missouri's Death Penalty System

Prof. Paul Litton was recently quoted in the Kansas City Star in "Missouri Death Penalty Cases Should Be Reduced, Study Says." In the article, which focuses on a study sponsored by the American Bar Association (ABA), Prof. Litton notes that the panel conducting the study "discovered important procedural and resource changes that could dramatically reduce errors and inconsistencies in Missouri's death penalty system."

The panel, known as the Missouri Death Penalty Assessment Team, includes two members of the MU Law faculty - Prof. Litton (co-chair) and Prof. Rod Uphoff. The panel's report measures the law and practices of Missouri's capital system against guidelines published by the ABA that aim to improve fairness and accuracy in the administration of the death penalty.

Christian Science Monitor Quotes Prof. Abrams on Ohio High School Shootings

A 17-year-old student recently opened fire at Chardon High School in Chardon, Ohio, killing three classmates and wounding others. The prosecutor is expected to request that the juvenile court transfer the accused shooter to the criminal court for trial and sentencing as an adult.

Prof. Doug Abrams explained to the Christian Science Monitor that if the juvenile court orders transfer, the suspect "will be tried like any other adult defendant and sentenced like any other adult defendant." Other protections that mark juvenile court delinquency proceedings would also not apply in the criminal court.

Dean Dessem Concludes Final Tour in St. Louis

Dean Dessem will conclude his final alumni and friends tour as dean on March 7 in St. Louis. A reception will be held in Creve Coeur at the home of W. Dudley McCarter, '75, and Beth McCarter. There is no charge to attend and everyone is welcome.

Supreme Court Should Overturn Stolen Valor Act: Prof. Wells

The Stolen Valor Act of 2005, which makes lying about military awards a federal felony, should be overturned by the Supreme Court of the United States, according to Prof. Chris Wells.

In an article in the Pittsburgh Tribune-Review, she explains, "It's not a question of whether lying is wrong. People do all sorts of things that aren't moral. But should it be criminalized?" Prof. Wells argues that the act should and probably will be overturned.

Prof. Wells' article about the act, "Lies, Honor, & the Government's Good Name: Sedition Libel & the Stolen Valor Act," is forthcoming in the UCLA Law Review Discourse.

New York Times Quotes Prof. Abrams' Supreme Court History Article

On February 23, Linda Greenhouse, the New York Times' Pulitzer Prize-winning Supreme Court correspondent, quoted from an article that Prof. Doug Abrams wrote last year in the Journal of Supreme Court History.

Greenhouse's column, "Do-Over Season," speculates about whether the Supreme Court might reconsider its Citizens United decision, which held in 2010 that corporations have a First Amendment right to spend unlimited amounts on politics.

Greenhouse discusses, among other things, whether the justices would revisit a decision that they handed down so recently. She draws an analogy to the celebrated "Flag-Salute Cases" -- Minersville School District v. Gobitis (1940), which the court overruled on First Amendment speech grounds in West Va. State Board of Education v. Barnette (1943).

Gobitis upheld, 8-1, the authority of states to compel Jehovah's Witnesses schoolchildren to salute the flag and recite the Pledge of Allegiance in violation of their religious beliefs. In wartime, Gobitis unleashed nationwide vigilantism, beatings and bullying of Jehovah's Witnesses and their children.

Prof. Abrams provided this explanation for the court's swift overruling: "[T]he intensity of the post-Gobitis brutality surprised and likely shocked Justices who had not anticipated such a bloody backlash against the small, peaceable religious group that had summoned their protection." As Greenhouse reports, "[t]he Court's about-face was widely hailed."

Congratulations to Mediation Competition Winners

Congratulations to the 2012 Board of Advocates mediation competition winners - Darrion Walker & Kristen Sanocki (first place) and Trever Neuroth & D'Juan Neal (second place)!

"Stab Your Client with Your Pen and Other Advice on Client Relations:" Career Development Director's Article Published

Grant Shostak, '96, director of career development, wrote an article that was recently published by the Missouri Association of Criminal Defense Lawyers. The article, "Stab Your Client with Your Pen and Other Advice on Client Relations," appears in the winter 2012 issue of the association's newsletter.

Third-Year Law Student Receives 2012 Tribute to Women Award

Third-year law student Amy Williams will receive the 2012 Tribute to Women Award from the MU Chancellor's Committee on the Status of Women at a ceremony on March 22. Williams was nominated by Prof. Chris Wells and an MU student services advisor for her work with the True North Shelter and the law school's Family Violence Clinic, as well as her desire to practice human rights law. Williams was also a volunteer with the MU Relationship and Sexual Violence Prevention Center as an undergraduate student.

"Amy does things -- and she has been doing them from a young age with enormous passion," Prof. Wells wrote in her nomination letter. "Yet her maturity and thoughtfulness set an example that all of us should follow."

Recipients of the award are selected based on three criteria: working above and beyond the expectations of their job responsibilities to help create an environment of equality, fairness and justice for women on the MU campus, including students, faculty and staff; demonstrating respect for the diversity of women's experiences; and helping to promote the advancement of women through education, advocacy, support and activism.

Second Year Law Student Holds Lead Role in "The Spitfire Grill"

Second-year law student Ashton Botts holds the lead role in the Columbia Entertainment Company's production of "The Spitfire Grill." In the musical, Botts plays a young woman, Percy Talbott, who has just been released from prison and is starting her life over again in the small town of Gilead, Wisc., where she finds a job at The Spitfire Grill.

Botts has a long history of performing in theatre productions, as an undergraduate student at William Jewell College and in Columbia with the Columbia Entertainment Company, which she began working with last year. She also performs monthly with a musical theatre ensemble, comocabaret.

Botts, who is pursuing joint degrees at the School of Law and the Missouri School of Journalism, says that while juggling law school and the stage is not easy, it's worth it. "I've learned that I can do everything I love doing; I just have to be intentional about my schedule and use my time wisely," she explains. "Acting has been a tremendous study break, and a great way to meet new people, even people in the legal field, like Dianna Long, '91."

Students and Employers Gather at Small Firm & Public Interest Expo on March 2

Students interested in small firm, public interest and public service employment will have the opportunity to network with employers from more than 50 organizations on March 2. Representative organizations include the Federal Bureau of Investigation, the Equal Employment Opportunity Commission, the Missouri Attorney General's Office and the Federal Public Defender's Office.

The expo, hosted by the Career Development Office, will be held in Columns Ballroom of Reynolds Alumni Center from 12-2 pm. Light lunch will be provided and 2 hours of CLE ethics credit is available for employers.

Registration is required for both student and employer participants.

For more information, please contact Linda Lorenz in the Career Development Office at 573-882-0940.

Prof. Oliveri's Article Cited in Supreme Court Brief

Prof. Rigel Oliveri's article, "Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination," was cited in a brief filed with the Supreme Court of the United States. In the case of Magner v. Gallagher, the amicus brief was filed on behalf of 12 state attorneys general.

Registrar Denise Boessen Reelected to National Network of Law School Officers Board

School of Law Registrar Denise Boessen was reelected to the board of directors of the National Network of Law School Officers (NNLSO) for the 2012-2014 term. NNLSO is a "nonprofit, professional organization designed for the educational and professional development of all law school officers."

Prof. Crouch Named IP Thought Leader

Prof. Dennis Crouch was named an intellectual property thought leader by Managing Intellectual Property. The publication, based in London, selected only five leading intellectual property thought leaders in North America.

Prof. Crouch Testifies Before Congress

Prof. Dennis Crouch recently testified before the U.S. House Judiciary Committee's Subcommittee on Intellectual Property, Competition, and the Internet. The focus of his testimony was a new prior user defense in patent cases that protects trade secret users.

Prof. Mitchell Contributes to Amicus Brief Regarding Fair Sentencing Act of 2010

Prof. David Mitchell contributed to an amicus brief challenging the denial of the retroactive application of the new penalties set forth in the Fair Sentencing Act of 2010 -- The Brief of The National Association of Criminal Defense Lawyers and National Association of Federal Defenders as Amici Curia in Support of Petitioners. The Supreme Court of the United States is scheduled to hear oral argument on April 17, 2012.

Dean's Tour Continues in Kirksville

The Dean's Tour continues on February 23 with a reception in Kirksville on the campus of Truman State University. Dean Dessem's final tour stop will be held in St. Louis on March 7. There is no charge to attend these Dean's Tour events and everyone is welcome.

Prof. Mitchell's Article on Retroactive Amelioration Cited in Appellate Brief

Prof. David Mitchell's article, "In With the New, Out With the Old: Expanding the Scope of Retroactive Amelioration," published in 37 American Journal of Criminal Law 1 (fall 2009), was cited in an appellate brief in Commonwealth v. Katia Dotson, 2011 WL 7074229, *1 (Mass. June 10, 2011). The case is currently on appeal to the Supreme Judicial Court of Massachusetts.

Family Violence Clinic Student Articles Accepted for Publication

Two students in the School of Law's Family Violence Clinic recently had articles accepted for publication in scholarly journals.

Second-year student E.J. Sansone's article, "Flagrant Foul: An Examination of Domestic Violence and Sexual Assault Involving Collegiate Athletes," was accepted for publication by the Dartmouth Law Journal. The article, which was written for Prof. Mary Beck's Family Violence Seminar, is an examination of domestic violence and sexual assault committed by collegiate athletes, analyzing the standards by which suits against universities brought by victims will be analyzed with regard to Title IX liability.

Sansone's article also recognizes the NCAA's lack of a uniform policy sanctioning domestic violence and sexual assault and makes recommendations for such a policy.

The expected date of publication is spring 2012.

Third-year student Vanessa Starke's article, "The Impact of Coy v. Iowa on State Protective Statues for Child Abuse Victim Testimony in Criminal Trials: A Case Study-Missouri," was accepted for publication by The Criminal Law Bulletin.

Starke's article examines the constitutionality of Missouri statutes providing for the introduction of video-recorded depositions of child abuse victim testimony when the child would suffer severe trauma by in-court testimony. Constitutionality under both the U.S. Constitution and the Missouri Constitution are addressed. The article explores the public policy interests behind such statutes as well as the defendant's rights under the Confrontation Clause, as interpreted by both the Supreme Court of the United States and the Supreme Court of Missouri, and also briefly discusses similar statutes in other states and federal legislation providing for such protective statutes.

The expected date of publication is winter 2012.

Prof. Strong Begins Prestigious Henry G. Schermers Fellowship in The Hague

Prof. S.I. Strong recently began service as the Henry G. Schermers Fellow at The Hague Institute for the Internationalization of Law (HIIL) and The Netherlands Institute for Advanced Study in the Humanities and Social Sciences (NIAS).

The Henry G. Schermers Fellowship brings prominent senior scholars in law and the social sciences to The Hague to work on research of international importance. During the fellowship, Prof. Strong will continue her work in class and collective arbitration by researching the manner in which public and private actors utilize arbitration to address large-scale legal injuries. She will also convene an international symposium, "Collective Redress in the Cross-Border Context: Arbitration, Litigation, Settlement and More" and 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.

Prof. Strong has published widely in the area of international commercial arbitration and is currently writing Class Arbitration and Collective Arbitration: Mass Claims in the National and International Sphere, to be published in 2012 by Oxford University Press.

Prof. Strong Judges International Commercial Mediation Competition in Paris

Prof. S.I. Strong recently judged the 7th Annual ICC International Commercial Arbitration Mediation Competition in Paris. The ICC competition is the largest and most prestigious international commercial mediation competition in the world and aims to foster the study and use of mediation in international business disputes through the application of conciliatory techniques to a concrete, client-related problem. The competition is judged by leading international mediators, advocates and academics.

Both Federal and Local Governments Have Been Overstepping Airspace Ownership Rights: Prof. Rule

Prof. Troy Rule was recently featured in "Airspace Regulations Hinder Renewable Energy Growth" in fierceenergy.com. In the article, he says, "A growing number of policies responding to the sustainability movement disregard land owners' airspace rights in ways that can cause airspace to be underutilized." Prof. Rule's recent article on this topic, "Airspace in a Green Economy," was published in the UCLA Law Review.

Governmental Intrusion into Highly Intimate Relationships and Living Relationships is Not the Right Path: Prof. Oliveri

Prof. Rigel Oliveri's op-ed piece was recently included in salem-news.com. In "Discriminating Roommates," Prof. Oliveri discusses the recent Ninth Circuit Court of Appeals ruling that a roommate-seeker cannot be sued for housing discrimination. Citing her study, in which she examined housing ads on Craigslist, she notes that, "Though the Roommates decision might look like a setback for civil rights, it also has pro-civil-rights implications."

Dean's Tour Spring Events Kick Off in Springfield

The Dean's Tour will resume for the spring semester on February 15 with a reception in Springfield at the Offices of Lathrop & Gage. Dean Dessem will also visit Kirksville (February 23) and St. Louis (March 7) during the spring as part of his annual tour.  There is no charge to attend any of the Dean’s Tour events and everyone is welcome.

Symposium Explores Impacts and Regulation of Cyberbullying on Feb. 9-10

The 2012 Missouri Law Review Symposium will explore the impacts of cyberbullying and its regulation, ranging from the psychological and emotional impacts of bullying to the constitutional and legal implications of school regulation. Scholars and practitioners from around the country will gather at the School of Law on February 9-10 in a timely discussion of the numerous and complex implications of cyberbullying and its regulation.

There is no charge to attend the symposium, which is approved for 6.9 hours of CLE credit in the state of Missouri. Registration is not required.

"Suits Challenge Way Foreclosures are Performed in Missouri:" Prof. Freyermuth Quoted in St. Louis Post-Dispatch

Prof. Wilson Freyermuth was recently quoted in the St. Louis Post-Dispatch in an article about foreclosures in Missouri and the Mortgage Electronic Registration System (MERS). In the article, Prof. Freyermuth notes, "There's not necessarily a legal problem with the structure of MERS. All MERS was originally intended to do was to serve as an agent for the actual owner of the loan."

"Bills Clean Up, Reform Adoption Laws Hit Both Chambers:" Prof. Beck on Missourinet

Prof. Mary Beck was recently quoted on Missourinet about the rights of biological fathers to contest adoptions in cases where they were unaware of pregnancy. Prof. Beck says that current statute dictates that a man is on notice from the time of physical intimacy that pregnancy is a possibility. "So for him to say he didn't know doesn't work in Missouri, as well as about 20 other states," she explains. "He is liable to provide support for this child, prenatally, under this bill, because he is on notice."

Congratulations to the Winners of the MU Law Mock Trial Competition

Congratulations to the winners of the 2012 MU Law Mock Trial Competition. Placing first in the competition were Mark Godfrey, Ashley Cross, Aaron Rowley and Becky Gay; placing second were John Constance, David Franklin, Tom Haynes and Elizabeth Grondalski.

Prof. Strong's Article on Jurisdictional Discovery Reprinted in Defense Law Journal

Prof. S.I. Strong's article, "Jurisdictional Discovery in United States Federal Courts," originally printed in 67 Washington and Lee Law Review 489 (2010), was reprinted recently in 60 Defense Law Journal 1 (2011). The article, which analyzes jurisdictional discovery in the wake of recent decisions by the U.S. Supreme Court in Ashcroft v. Iqbal and Bell Atlantic Corp v. Twombly, was cited soon after publication in Pretka v. Kolter City Plaza II, Inc., 608 F. 3d. 744 (11th Cir. 2010).

Prof. Crouch Presents "Unilateral Harmonization of the Patent Law: The Role of U.S. Courts and the U.S. Patent Office"

Prof. Dennis Crouch recently presented a paper at the Santa Clara Computer & High Technology Law Journal's symposium, "International Intellectual Property: Is the IP World Flat?," in Silicon Valley, Calif. His paper, "Unilateral Harmonization of the Patent Law: The Role of U.S. Courts and the U.S. Patent Office," stems from an internal faculty workshop at the School of Law.

Prof. Strong Presents "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared"

Prof. S.I. Strong recently spoke at an interdisciplinary symposium, "Anticipating Dissension: When Legal Frameworks, U.S. Commerce and Foreign Markets Intersect," held at the University of North Carolina School of Law.

Prof. Strong's presentation, "Resolving Mass Legal Disputes Through Class Arbitration: The United States and Canada Compared," will appear in 37 North Carolina Journal of International Law & Commercial Regulation (forthcoming 2012).

The article and presentation are based on research Prof. Strong conducted pursuant to a grant from the Canadian government.

Dean Dessem Appointed to Legal Education Committees

Dean Larry Dessem has been appointed chair of the Membership Review Committee of the Association of American Law Schools (AALS). This committee regularly reviews American law schools concerning their compliance with AALS membership requirements, typically after a visit of an AALS reporter to a member school.

Dean Dessem has also been appointed to the American Bar Association Taskforce on the ABA Accreditation Process that will make recommendations concerning ways in which the law school accreditation review process can be improved.

Third-Year Student Selected as a Finalist for Presidential Management Fellowship

Third-year student Amber Cheek is a finalist for the highly competitive Presidential Management Fellowship.

Cheek, who was selected with 627 others from a pool of 9,100 applicants, is currently seeking an appointment with a federal agency. "I feel very honored and humbled to have received this opportunity," Cheek says. "My goal is to find a fellowship placement in which I can work to enhance the quality of life of persons with disabilities and the elderly."

Cheek is a native of Blairsville, Ga. She received her bachelor's degree in anthropology and a certificate in disability studies from the University of Georgia.

The Presidential Management Fellowship program, which was started in 1977, strives to place applicants with opportunities within the federal government. According to program materials, participants receive "challenging assignments, formal professional training, rotations to other agencies, feed-back on their work plus an opportunity to make government run more efficiently."

MU Law Team Places at ABA National Arbitration Competition

MU School of Law students recently participated in the American Bar Association National Arbitration Competition in Chicago. Team members Andrew Blackwell, Audrey Danner, Jake Kohut, Dane Rennier and Ida Shafaie won their first three rounds to advance to the championship. Ultimately, the team placed second and finished as national runners up to Texas Tech University, which has won the tournament in three of the past six years.

According to the ABA, the competition is designed to promote "greater knowledge in arbitration by simulating realistic arbitration hearings." The School of Law has achieved great success in this area of dispute resolution by qualifying for the national tournament in four of the past five years and achieving its highest finish this year.

"'Personal Service' Contracts for Athletes Gain Popularity:" Prof. Barondes Quoted by St. Louis Post-Dispatch

In an article focusing primarily on a contract signed by professional baseball player Albert Pujols with the Los Angeles Angels, Prof. Barondes clarifies that personal services contracts "are just labels that have no formal meaning."

Prof. Barondes' Article Cited by Supreme Court of Washington

Prof. Royce Barondes' article, "An Alternative Paradigm for Valuing Breach of Registration Rights and Loss of Liquidity," published in 29 University of Richmond Law Review 627 (2005), was cited by the Supreme Court of Washington in the case of Farmer v. Farmer, 259 P. 3d 256.

Prof. Esbeck Comments on "Ministerial Exception" Supreme Court Ruling

Prof. Carl Esbeck was interviewed for "Dialogues on Law & Justice" about the U.S. Supreme Court's recent decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. The court held that a teacher of religious classes at a religious school fell within the "ministerial exception" such that the school was not subject to employment anti-discrimination civil rights legislation.

Prof. Esbeck was also interviewed by Christianity Today on the same court holding.

Cyberbullying Symposium Features Co-Director of the Berkman Center for Internet & Society at Harvard

Make plans to join us for the 2012 Missouri Law Review Symposium, "Cyberbullying: Emerging Realities and Legal Challenges," on February 9-10. John Palfrey, faculty co-director of the Berkman Center for Internet & Society at Harvard University, will deliver the Earl F. Nelson Lecture, "How to Address Meanness and Cruelty Toward Youth, by Youth: Regulating Bullying in an Era of Digital Media."

Registration is free and is suggested by January 27. The symposium is approved for 6.9 hours of Missouri CLE credit.

Prof. Strong Appointed to International List of Mediators for Art and Cultural Heritage

Prof. S.I. Strong has been appointed by the World Intellectual Property Organization (WIPO) and the International Council of Museums (ICOM) to the roster of mediators qualified to participate in the ICOM-WIPO Art and Cultural Heritage Mediation Program. The ICOM-WIPO List of Mediators is comprised of those with specific expertise in art and cultural heritage and related areas.

Prof. Hawley and Religious-Liberty Litigators Victorious at Nation's Highest Court

Prof. Josh Hawley and a team of religious-liberty litigators have won a unanimous victory at the Supreme Court of the United States.

The court ruled last week that churches and other religious organizations are not subject to federal employment restrictions when it comes to selecting their ministers, or any other employee who performs important religious functions. Rather, the court held that the Religion Clauses of the First Amendment guarantee religious groups the right to choose their key employees based on the teachings of their faith.

The ruling in the case of Hosanna-Tabor v. EEOC is widely considered one of the most important religious liberty decisions of the last 20 years.

Prof. Mitchell Presents "Deconstructing Citizen-Police Interactions: The Salience of Race and Ethnicity"

Prof. David Mitchell recently presented "Deconstructing Citizen-Police Interactions: The Salience of Race and Ethnicity" to the Columbia Citizens Review Board.

In his presentation, he discussed how perceptions based on historical and contemporary experiences, practices such as racial profiling, and policies such as the War on Drugs, influence interactions between law enforcement and communities of color, especially African-Americans.

He also discussed how negative historical and contemporary experiences, direct and vicarious, frame law enforcement interactions with citizens. For example, with respect to the historical experiences, he showed a video clip from a Birmingham, Ala., encounter in 1963 between African-Americans and police. Prof. Mitchell also explored contemporary experiences by showing a video clip of a Taser incident in Columbia, and addressed the practices that contribute to negative citizen-police interactions with communities of color, focusing on the racial profiling report issued by the Missouri Attorney General's office.

In his conclusion, Prof. Mitchell examined the impact of policy discussing the War on Drugs and disproportionate incarceration.

Prof. Trachtenberg's Article Cited in Courts of Appeals Briefs

Attorneys in two courts of appeals cases recently cited Prof. Ben Trachtenberg's article, "Coconspirators, 'Coventurers," and the Exception Swallowing the Hearsay Rule," published in 61 Hastings Law Journal 581 (2010).

In a brief filed with the U.S. Court of Appeals for theFirst Circuit, counsel for the defendant in United States v. Ciresi, no. 11-1914, cited the article in a discussion of the justification for the coconspirator statement exception to the hearsay rule.

The brief filed with the U.S. Court of Appeals for the Fifth Circuit was submitted in a petition for en banc review of the appeal of the "Holy Land Foundation" case, in which five defendants were convicted of funneling money to Hamas. Prof. Trachtenberg's article is cited in a discussion of whether the coconspirator statement exception to the hearsay rule should be expanded to cover statements in furtherance of "lawful joint ventures."

Prof. Strong's Arbitration Article Wins Prestigious National Award

Prof. S.I. Strong received the 2011 award for Best Original Short Article from the International Institute for Conflict Prevention and Resolution (CPR Institute), an international think-tank that promotes innovation in commercial dispute prevention and resolution, for her article "Collective Arbitration Under the DIS Supplementary Rules for Corporate Law Disputes: A European Form of Class Arbitration?" in 29 ASA Bulletin 45 (2011).

Prof. Strong is one of few academics to be honored twice by the CPR Institute, having won the award for Best Professional Article in 2009 with 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?," in 30 Michigan Journal of International Law 1017 (2009).

Prof. Strong traveled to New York to accept the award on January 11.

Finalists Announced for School of Law Dean Search

The five finalists for the dean of the School of Law have been announced. Candidates will visit campus in the next month. The selected candidate will replace Dean Larry Dessem, who will return to full-time teaching after serving for 10 years as dean of the School of Law.

Prof. Trachtenberg in USA Today on Teen's Plea Bargain

Prof. Ben Trachtenberg was recently quoted in "Mo. Teen Pleads Guilty to Killing 9-Year-Old Girl" in USA Today. In the article, Prof. Trachtenberg comments on a potential reason for the prosecutor's offer of a plea bargain.

"Top Five Most Inspiring Youth Sports Stories of the Year" Released by Prof. Abrams

Several media outlets nationwide have published Prof. Doug Abrams' annual op-ed article discussing the year's five best news stories about youth league athletes who do something special with values that set an example on and off the field.

Prof. Abrams coached youth ice hockey for more than 40 years and he now writes and speaks about coaching and sports. The Manchester (N.H.) 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." 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."

Prof. Abrams' youth sports articles appear in law reviews and on the editorial pages of national newspapers, and he is regularly interviewed on radio and television. He writes regular columns about coaching and sports ethics at momsteam.com and askcoachwolff.com.