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Full-Text Articles in Law

Randy Kiser’S New Book On Professional Judgment For Lawyers, John Lande Nov 2023

Randy Kiser’S New Book On Professional Judgment For Lawyers, John Lande

Faculty Blogs

This post describes Randall Kiser’s book, Professional Judgment for Lawyers. He defines professional judgment as “the deliberate synthesis of an attorney’s knowledge, experience, skills, discernment, and character to ethically advance a client’s interest.” The book combines empirical research, cognitive and social psychology, organizational behavior, legal ethics, and neuroscience to improve decision-making by attorneys, clients, judges, arbitrators, mediators, and juries.


Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Rafael Gely Oct 2023

Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Rafael Gely

Faculty Publications

This article explores the impact that political polarization is having in the social, legal, and regulatory space, particularly on American worker-management relations. Polarization is affecting decisions involving social relationships and market transactions, the ability of institutions built to generate debate and discussion to successfully complete these missions, and people's willingness to listen to and engage with views contrary to their own.


Easy As Pi, John Lande Sep 2023

Easy As Pi, John Lande

Faculty Blogs

This post presents some interactions with Pi, an AI system that is more conversational than others. It illustrates that, in the foreseeable future, AI systems almost certainly will become a lot more sophisticated and be incorporated into much of our lives, often in ways we will not notice


Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams Sep 2023

Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams

Faculty Publications

No abstract provided.


Training Your Mediator Bot, John Lande Aug 2023

Training Your Mediator Bot, John Lande

Faculty Blogs

This somewhat tongue-in-cheek post discusses biases in AI systems. Noting that AI bots need to be “trained,” this post suggests that untrained mediator bots may spew out unwanted interventions such as providing undesired evaluations of BATNA values – or failing to provide desired evaluations. So mediators probably will need to co-mediate with their bots for a while to observe and correct its biases. Ironically, bots may produce language that normal humans understand much better than the confusing jargon we habitually use. So the mediator bots may need to train human mediators.


Teaching Students To Focus On Party Decision-Making, John Lande Aug 2023

Teaching Students To Focus On Party Decision-Making, John Lande

Faculty Blogs

This post describes why law schools don’t teach students very much about helping clients make decisions and suggests techniques for doing so. It suggests (1) focusing on parties’ roles throughout relevant courses, (2) including meaningful party roles in simulations and competitions, (3) using simulations focusing solely on preparation, (4) using multi-stage simulations, (5) helping students focus on parties’ intangible interests in simulations and Stone Soup interviews, (6) using the terms “pre-mediation-session” or “before mediation sessions,” (7) taking advantage of the litigation interest and risk assessment framework and materials, and (8) recommending that schools offer a course on strategic case evaluation …


Focus On Party Decision-Making, John M. Lande Aug 2023

Focus On Party Decision-Making, John M. Lande

Faculty Blogs

A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Parties can participate more effectively in negotiation and mediation if they engage in decision-making early in disputes. This suggests the importance of good preparation before negotiation and mediation sessions. When parties are well-prepared in advance, they are as knowledgeable, confident, and assertive as possible in making decisions in their cases


Charlie Irvine's Challenge To Mediators To Describe Your Mediation System, John M. Lande Aug 2023

Charlie Irvine's Challenge To Mediators To Describe Your Mediation System, John M. Lande

Faculty Blogs

Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic. The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is Charlie’s Director’s Column published in Mediation Matters!, the Clinic’s quarterly newsletter. Irvine wrote an account of his own mediation system that was one of ten real mediation systems Lande analyzed in Real Mediation Systems to Help Parties and Mediators Achieve Their Goals.


Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng Aug 2023

Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng

Faculty Publications

Globally, decentralized energy systems are gaining popularity due to their potential for energy accessibility, energy resilience, and sustainability benefits. Existing research on an energy system decentralization approach, community choice aggregation (CCA), shows its ability to lower energy costs and increase renewable electricity consumption for U.S. communities. Nevertheless, research on the relationship between CCA and distributed electricity generation development is lacking. This paper fills this gap by investigating if the CCA approach associates with distributed generation capacity interconnection in California municipalities. The finding shows that although the average capacity has increased for all municipalities throughout the study period, contrary to proponents’ …


References To Beatles Songs In Advocacy And Judicial Opinions, Douglas E. Abrams Jul 2023

References To Beatles Songs In Advocacy And Judicial Opinions, Douglas E. Abrams

Faculty Publications

This article surveys the indelible mark that the Beatles (Paul McCartney, John Lennon, George Harrison, and Ringo Starr) continue to leave on courts in the United States more than half a century after the quartet burst onto the American scene with their three television appearances on the Ed Sullivan Show in February of 1964, six years before the band’s breakup.


Masthead Jul 2023

Masthead

Journal of Dispute Resolution

No abstract provided.


Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins Jul 2023

Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins

Journal of Dispute Resolution

In the face of adversity, professional female athletes have championed the fight for equal pay and brought the issue to the national stage. Testifying in front of the Congressional House Oversight Committee, Megan Rapinoe, a professional soccer player for the United States Women’s National Team, articulates that “one cannot simply outperform inequality or be excellent enough to escape discrimination of any kind.” Megan Rapinoe’s message has touched the hearts of not only Americans but also people all over the world, and her leadership has brought visibility to the realities of gender-based discrimination of female athletes in the United States.


Description Jul 2023

Description

Journal of Dispute Resolution

No abstract provided.


Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok Jul 2023

Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok

Journal of Dispute Resolution

The Association of Southeast Asian Nations (“ASEAN”) was established in 1967. The founding members of ASEAN are Indonesia, Malaysia, Philippines, Singapore and Thailand. Five other countries have since joined ASEAN, including Brunei, Laos, Vietnam, Cambodia and Myanmar. Today, ASEAN represents a strong economic organization which has Gross Domestic Product ranking top ten in the world. As to why the founding members decided to establish such an organization, Piris and Woon take the view that it was for the purpose of combating communism during the 1960s. In 2007, a milestone event for ASEAN was the adoption of the ASEAN Charter (“the …


Missouri’S Ultimate Dead Hand Control: The Development And Relationship Between Donative Arbitration Provisions And No-Contest Clauses In Wills & Trusts, Hunter Hummell Jul 2023

Missouri’S Ultimate Dead Hand Control: The Development And Relationship Between Donative Arbitration Provisions And No-Contest Clauses In Wills & Trusts, Hunter Hummell

Journal of Dispute Resolution

In Epigrams of a Cynic, Ambrose Bierce wrote “death is not the end; there remains the litigation over the estate.” As true as that statement was in 1912, it does not take a cynic to see the role that probate and litigation play in our world today. In 2022, Americans will spend over two billion dollars on probate. The probate system has always been one the most important foundations of the U.S modern legal system. In Missouri alone, there were over 15,000 cases filed in the probate court in 2021. It seems that death and conflict are inseparable. The idea …


Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell Jul 2023

Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell

Journal of Dispute Resolution

LIV Golf has taken the professional golfing world by storm. Started by golfing legend Greg Norman and funded by the Saudi Arabia Public Fund, LIV golf has brought a new league with a new format to golf, but it has also drawn its fair share of criticism due to its sources of funding. In response to the rise of LIV Golf, the PGA TOUR, professional golf’s principal league, announced it would suspend any player that signed a contract to play for LIV Golf. Recently, eleven LIV Golf players and LIV Golf itself have filed an antitrust suit against the PGA …


Faculty List Jul 2023

Faculty List

Journal of Dispute Resolution

No abstract provided.


Table Of Contents Jul 2023

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy Jul 2023

How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy

Journal of Dispute Resolution

Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts …


In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo Jul 2023

In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo

Journal of Dispute Resolution

A sense of crisis in the administration of civil justice is widespread. Whether the typical difficulties faced by many countries unfold in excessive costs and delays, they have stark implications for the effectiveness of the procedural systems and access to justice. Several new institutions evolved to deal with this state of crisis. Amongst them, the judicially-led settlement, which has the peculiarity of being an alternative tool, despite being performed in the courtroom, made inroads worldwide. However, the pro-adjudication rhetoric raised and continue to raise severe qualms of parties’ coercion and judicial partiality resulting from the judge’s dual role as conciliator …


New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett Jul 2023

New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett

Journal of Dispute Resolution

In the commercialized and technology-driven world we live in today, it is astonishingly easy to find an area where an arbitration clause has influenced our lives. If you have purchased a smart phone, applied for a credit card, downloaded an app, or ordered takeout, you have likely signed an arbitration clause. Arbitration claims can be a powerful tool for suppressing collective action and contributed to the steady decrease of class action filings for decades, particularly against large corporations. With the strengthening of arbitration clauses in the past several decades and the court’s tricky relationship with their enforcement, arbitration claims have …


Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker Jul 2023

Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker

Journal of Dispute Resolution

Since the Houston Texans drafted him in 2017, Deshaun Watson has statistically been one of the best quarterbacks in the National Football League (“NFL”). Watson led the Texans to the playoffs in both the 2018 and 2019 seasons before internal organizational issues led to Watson requesting a trade after the 2020 season. By the end of March 2021, twenty-one women had filed civil lawsuits alleging Watson of sexual assault and sexual misconduct. Watson did not immediately face any discipline from the NFL, but the Texans made Watson inactive for every week of the 2021 season in light of the accusations …


Party Self-Empowerment From Preparation For Mediation Sessions, John Lande Jun 2023

Party Self-Empowerment From Preparation For Mediation Sessions, John Lande

Faculty Blogs

If parties are well-prepared before mediation sessions, they will be knowledgeable, confident, and assertive so that they can exercise their decision-making authority as well as possible. Well-prepared parties can make decisions before and during mediation sessions rather than simply relying on mediators to promote their self-determination. In other words, they will feel more empowered to participate productively. Depending on the circumstances, mediators, lawyers, courts, and/or mediation programs may help parties get prepared.


Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande Jun 2023

Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande

Faculty Blogs

This post describes Len Riskin’s impressive career and summarizes themes in his book, Managing Conflict Mindfully: Don’t Believe Everything You Think. He argues that people can wisely manage conflict by learning to use and integrate three sets of ideas and techniques – negotiation, mindfulness, and internal family systems (IFS). You can think of IFS as the conversation or negotiation between different voices in our heads. Rather than conceiving people as having only a single “unitary” self, IFS recognizes the “multiplicity” of our selves.


Copyright Jun 2023

Copyright

Missouri Law Review

No abstract provided.


Faculty List Jun 2023

Faculty List

Missouri Law Review

No abstract provided.


Masthead Jun 2023

Masthead

Missouri Law Review

No abstract provided.


Table Of Contents Jun 2023

Table Of Contents

Missouri Law Review

No abstract provided.


Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky Jun 2023

Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky

Missouri Law Review

This article, which is based on a keynote address given at the 2023 Missouri Law Review Symposium, addresses the past and predicted future of defamation law in hopes of galvanizing needed reforms. As a necessary backdrop, this article explains why today’s defamation law remains so complex, tracks reforms over the last half century, and explains why the common law of defamation has not adapted adequately to the challenges posed by cheap speech in the digital era. The article then turns to assessing the complaints of defamation law’s most prominent would-be reformers and finds them to rest on an incomplete understanding …


Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert Jun 2023

Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert

Missouri Law Review

Social media and video-sharing sites have introduced the concept of “micro-celebrity,” a person who attains fame – rapidly, and potentially fleetingly – among a niche audience of internet users for doing something colorful. As with anyone who participates in the sometimes sharp-elbowed give-and-take of online discourse, these niche celebrities are increasingly being drawn into controversies that can result in litigation. For nearly 60 years, the Supreme Court’s Sullivan standard has afforded critics an extra measure of breathing space when they comment on the conduct of “public” personalities –people with outsized influence, and the ability to defend themselves effectively through counterspeech. …