Ben Trachtenberg

University of Missouri School of Law

Associate Professor

Missouri Avenue & Conley Avenue

Columbia, MO MO 65211

United States

SCHOLARLY PAPERS

17

DOWNLOADS
Rank 10,299

SSRN RANKINGS

Top 10,299

in Total Papers Downloads

5,051

SSRN CITATIONS

2

CROSSREF CITATIONS

5

Scholarly Papers (17)

1.

The 2015 University of Missouri Protests and their Lessons for Higher Education Policy and Administration

107 Kentucky Law Journal 61 (2018-2019), University of Missouri School of Law Legal Studies Research Paper No. 2018-27
Number of pages: 62 Posted: 24 Jul 2018 Last Revised: 09 Jan 2019
Ben Trachtenberg
University of Missouri School of Law
Downloads 1,756 (10,356)

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University of Missouri, Mizzou, protests, student protests, higher education, race, racial justice, leadership, management, student activism, university governance, shared governance, hunger strike, football, athletics, free speech

2.

Law School Marketing and Legal Ethics

91 Nebraska Law Review 866 (2013), University of Missouri School of Law Legal Studies Research Paper No. 2012-41
Number of pages: 60 Posted: 21 Dec 2012 Last Revised: 25 Jun 2013
Ben Trachtenberg
University of Missouri School of Law
Downloads 916 (27,887)

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Law school marketing, NALP, AALS, ABA, U.S. News, advertising, Rule 8.4(c), Rule 8.3, Association of American Law Schools, American Bar Association, National Association for Law Placement, accreditation, salaries, scholarships, IBR, income-based repayment, employment, employment statistics

3.

How University Title IX Enforcement and Other Discipline Processes (Probably) Discriminate Against Minority Students

18 Nevada Law Journal 107 (Fall 2017), University of Missouri School of Law Legal Studies Research Paper No. 2017-22
Number of pages: 59 Posted: 12 Sep 2017 Last Revised: 19 Jan 2018
Ben Trachtenberg
University of Missouri School of Law
Downloads 445 (72,089)
Citation 2

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Title IX, Race, Disparate Impact, Title VI, Dear Colleague, Education, Higher Education, Sexual Assault, Rape, Sexual Harassment, Implicit Bias, Colleges, Universities, Civil Rights Act

4.

Health Inflation, Wealth Inflation, and the Discounting of Human Life

Oregon Law Review, Vol. 89, p. 1313, 2011, University of Missouri School of Law Legal Studies Research Paper No. 2011-12
Number of pages: 45 Posted: 19 May 2011 Last Revised: 20 May 2011
Ben Trachtenberg
University of Missouri School of Law
Downloads 318 (106,209)

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discounting, health inflation, wealth inflation, human life, future persons, underregulation, cost-benefit analysis, CBA, climate change, regulation

5.

Coconspirators, 'Coventurers,' and the Exception Swallowing the Hearsay Rule

Hastings Law Journal, Vol. 61, p. 581, 2010, Brooklyn Law School, Legal Studies Paper No. 137
Number of pages: 71 Posted: 13 Mar 2009 Last Revised: 05 Mar 2010
Ben Trachtenberg
University of Missouri School of Law
Downloads 287 (118,527)

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Evidence, hearsay, coconspirator exception, conspiracy, hearsay exceptions, legal history, American legal history, English legal history, Gewin, Crawford, Confrontation Clause, confrontation, Sixth Amendment

6.

Private Universities and the First Amendment

2018 Journal of Dispute Resolution 71, University of Missouri School of Law Legal Studies Research Paper No. 2018-22
Number of pages: 17 Posted: 23 May 2018
Ben Trachtenberg
University of Missouri School of Law
Downloads 188 (179,142)

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First Amendment, free speech, campus speech, race, white supremacy, alt-right, education, higher education, hate speech, academic freedom

7.

State Sentencing Policy and New Prison Admissions

Number of pages: 52 Posted: 20 Apr 2005
Ben Trachtenberg
University of Missouri School of Law
Downloads 161 (204,950)

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Sentencing, Corrections, Imprisonment, Prisons, New Admissions, Booker, Blakely, Budgets

8.

The People v. Their Universities: How Popular Discontent Is Reshaping Higher Education Law

108 Kentucky Law Journal 47 (2019-2020), University of Missouri School of Law Legal Studies Research Paper No. 2019-12
Number of pages: 65 Posted: 16 Jul 2019 Last Revised: 29 Jan 2020
Ben Trachtenberg
University of Missouri School of Law
Downloads 158 (208,220)

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education, education law, higher education, Republicans, Democrats, politics, affirmative action, free speech, campus speech, tenure, Title IX, student loans, immigration, guns, abortion, Confederate monuments, tuition, student debt, universities, colleges

9.

Show Me Criminal Procedure

Show Me Criminal Procedure Second Edition - Spring 2019, University of Missouri School of Law Legal Studies Research Paper No. 2019-13
Number of pages: 881 Posted: 25 Jul 2019
Ben Trachtenberg and Anne Gardner Alexander
University of Missouri School of Law and University of Missouri School of Law
Downloads 150 (217,500)

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criminal procedure, open educational resources, OER, Fourth Amendment, Fifth Amendment, Sixth Amendment, search, seizure, warrants, interrogations, Miranda, Massiah, right to counsel, identifications, University of Missouri, casebook

10.

No, You "Stand Up": Why Prosecutors Should Stop Hiding Behind Grand Juries

80 Missouri Law Review 1099 (2015), University of Missouri School of Law Legal Studies Research Paper No. 2015-16
Number of pages: 14 Posted: 11 Aug 2015 Last Revised: 24 Mar 2016
Ben Trachtenberg
University of Missouri School of Law
Downloads 143 (226,055)

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Grand jury, grand juries, Robert P. McCulloch, Bob McCulloch, Michael Brown, Darren Wilson, Ferguson, police, recusal, conflict of interest, legal ethics, professional responsibility, criminal procedure, St. Louis, St. Louis County, Eric Garner, Model Rules of Professional Conduct, Model Rule 3.8, M

11.

Choosing a Criminal Procedure Casebook: On Lesser Evils and Free Books

60 Saint Louis University Law Journal 543 (2016), University of Missouri School of Law Legal Studies Research Paper No. 2016-11
Number of pages: 11 Posted: 22 Jun 2016
Ben Trachtenberg
University of Missouri School of Law
Downloads 137 (233,881)

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criminal procedure, teaching, legal education, law schools, Supreme Court, weight, price, free books, casebooks, textbooks, Amazon.com, public domain

12.

Hiring and Training Competent Title IX Hearing Officers

Missouri Law Review, Forthcoming (Winter 2020-2021), University of Missouri School of Law Legal Studies Research Paper No. 2020-22
Number of pages: 44 Posted: 30 Jul 2020 Last Revised: 07 Oct 2020
Ben Trachtenberg
University of Missouri School of Law
Downloads 124 (252,571)

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Education law, Title IX, universities, colleges, higher education, rape shield, legal privileges, campus hearings, hearing officers, training, students, student conduct, student discipline

13.

Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause

64 Florida Law Review 1669 (2012), University of Missouri School of Law Legal Studies Research Paper No. 2012-40
Number of pages: 55 Posted: 21 Dec 2012
Ben Trachtenberg
University of Missouri School of Law
Downloads 90 (314,562)

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Hearsay, coconspirator, coventurer, Sixth Amendment, testimonial, Crawford, nontestimonial, Confrontation Clause, evidence, coconspirator exception, Hamas, zakat, terrorism, El-Mezain, Holy Land Foundation, Elashi

14.

Testimonial Is As Testimonial Does

66 Florida Law Review 467 (2014), University of Missouri School of Law Legal Studies Research Paper No. 2014-15
Number of pages: 13 Posted: 14 May 2014
Ben Trachtenberg
University of Missouri School of Law
Downloads 71 (361,787)

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confronting, coventurers, coconspirator, hearsay, Crawford, Friedman, Sixth Amendment, confrontation, nontestimonial, testimonial

15.

Reducing the Discount Rate

The Environmental Forum, Vol. 29, No. 6, pp. 24-29 (November/December 2012), University of Missouri School of Law Legal Studies Research Paper No. 2012-32
Number of pages: 8 Posted: 19 Nov 2012
Ben Trachtenberg
University of Missouri School of Law
Downloads 44 (452,611)

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discount rate, cost benefit analysis, CBA, discounting, human lives, regulation, underregulation, agencies, future benefits

16.

Tinkering with the Machinery of Life

UCLA Law Review Discourse, Vol. 59, p. 128, 2012, University of Missouri School of Law Legal Studies Research Paper No. 2012-05
Number of pages: 8 Posted: 14 Mar 2012
Ben Trachtenberg
University of Missouri School of Law
Downloads 35 (491,883)

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cost-benefit analysis, CBA, wealth inflation, EPA, Environmental Protection Agency, Department of Transportation, DOT, regulation, regulatory impact analysis, RIA, VSL, value of statistical life, discounting, discount rate

17.

One More Call to Respect the Time of Grand Jurors

80 Missouri Law Review 1127 (2015), University of Missouri School of Law Legal Studies Research Paper No. 2016-09
Number of pages: 7 Posted: 24 Mar 2016
Ben Trachtenberg
University of Missouri School of Law
Downloads 28 (527,698)

Abstract:

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Grand jury, grand juries, Robert P. McCulloch, Bob McCulloch, Michael Brown, Darren Wilson, Ferguson, police, recusal, conflict of interest, legal ethics, professional responsibility, criminal procedure, St. Louis, St. Louis County, Eric Garner, Model Rules of Professional Conduct, Model Rule 3.8, M