Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (1321)
- Environmental Law (510)
- Legal Education (236)
- Legal Profession (173)
- Courts (92)
-
- Civil Rights and Discrimination (79)
- Criminal Law (74)
- Constitutional Law (71)
- Property Law and Real Estate (71)
- Intellectual Property Law (61)
- Legal Writing and Research (59)
- First Amendment (56)
- Religion Law (56)
- Criminal Procedure (54)
- Health Law and Policy (53)
- Legal History (53)
- Labor and Employment Law (51)
- International Law (50)
- Tax Law (49)
- Legislation (38)
- Litigation (36)
- Judges (34)
- Torts (34)
- Housing Law (33)
- Antitrust and Trade Regulation (31)
- Food and Drug Law (31)
- Insurance Law (30)
- Family Law (28)
- Contracts (26)
- Keyword
-
- Mediation (262)
- Arbitration (201)
- Missouri law (165)
- News (155)
- Law school history (145)
-
- Missouri law school (145)
- Mizzou law (145)
- Mizzou law school (145)
- Mizzou school of law (145)
- Transcript (145)
- University of missouri (145)
- University of missouri law school (145)
- University of missouri school of law (145)
- Missouri school of law (144)
- Mizzou (144)
- University of missouri law (141)
- Mediator (127)
- Dispute resolution (118)
- Missouri (97)
- Legal education (85)
- First amendment (68)
- Negotiation (61)
- Alternative dispute resolution (58)
- Constitution (58)
- International (54)
- Litigation (54)
- Employment (53)
- ADR (52)
- Bankruptcy (51)
- Legal writing (49)
- Publication Year
- Publication
-
- Missouri Law Review (3741)
- Faculty Publications (1216)
- Journal of Dispute Resolution (1029)
- Journal of Environmental and Sustainability Law (488)
- University of Missouri Bulletin Law Series (295)
-
- The Business, Entrepreneurship & Tax Law Review (204)
- Transcript (145)
- Faculty Blogs (111)
- Gaines Family Correspondence (15)
- Case Materials (9)
- Missouri Constitutional Sections Related to Race and Education (6)
- Open Educational Resources (3)
- Books Related to Race and Education in Missouri (2)
- Faculty Books (1)
- Law Barn (1)
- Publication Type
- File Type
Articles 361 - 390 of 7266
Full-Text Articles in Law
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Journal of Dispute Resolution
The energy landscape in the United States (“U.S.”) has undergone significant changes in the last few centuries. Energy consumption has increased dramatically as more energy sources have been developed. As one of the world’s leading energy consumers, the U.S. has a large incentive to develop energy solutions that are both sustainable, dependable, and independent of foreign powers. For these reasons, Congress has spent the last few decades passing numerous pieces of legislation encouraging investment in energy solutions that will benefit the U.S. for centuries. With the enactment of the Inflation Reduction Act (“IRA”) of 2022, the U.S. has made its …
Climate Diplomacy: Can Mediating Climate Considerations Into Peace Agreements Create A Sustainable Future?, Kayla Fowler
Climate Diplomacy: Can Mediating Climate Considerations Into Peace Agreements Create A Sustainable Future?, Kayla Fowler
Journal of Dispute Resolution
The Earth’s temperature has risen on average 0.14 degrees Fahrenheit per decade since 1880—a total of 2 degrees. Since 1981, the rate of warming has been over twice as fast at 0.32 degrees Fahrenheit per decade. 2022 was the sixth-warmest year on record, and the 10 warmest years have all occurred since 2010. These long-term shifts in temperature exemplify the changes to our climate due to the increasing accumulation of gases caused by human activity on Earth, more commonly referred to as climate change. While it is abundantly clear that climate change is negatively affecting our environment, it is also …
Why Removing Institutional Discretion And Applying Restorative Justice To Mediation Could Prove Beneficial To Title Ix Dispute Resolution, Clare Hensley
Journal of Dispute Resolution
University students have often voiced concern that their institution did not do enough in addressing sexual assaults on campus. There is a perception among students and potential victims that there is a culture of ignoring and underreacting to sexual violence on campus. As many as one in five female undergraduate students experience sexual violence during college, but few feel confident enough to report it.
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Journal of Dispute Resolution
The Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field.
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Journal of Dispute Resolution
In 2022, the 117th Congress amended the Federal Arbitration Act (FAA) in response to widespread public pressure to change the culture of American employment. After years of pervasive sexual harassment across industries, supported by the growth of mandatory, adhesive arbitral agreements in employment contracts, Congress adopted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Ending Forced Arbitration Act”) which rendered unenforceable pre-dispute arbitral agreements for claims of sexual harassment or sexual assault. 1
The House Of Cards Topples: Examining Appellate Jurisdiction For Transfers Of Venue In Federal Court, Mac Newton
The House Of Cards Topples: Examining Appellate Jurisdiction For Transfers Of Venue In Federal Court, Mac Newton
Missouri Law Review
Many a lunch table argument has been had about a battle between unlikely foes. Who would win: a gorilla or a grizzly bear? A great white shark or a crocodile? Opponents throw their support behind one animal or another and vigorously debate the matchup—“a grizzly bear might be bigger, but a gorilla has opposable thumbs and superior intelligence!” As thrilling and engaging as these debates may be, participants recognize their theoretical nature. Part of the fun is that the question “who would win?” is often unanswerable. The hypothetical combatants simply do not encounter one another in the wild, leaving the …
Undermining Confidence In The Judgment: The Supreme Court Of Missouri’S Flawed Application Of Missouri’S Wrongful Conviction Statute, Salvatore Paris
Undermining Confidence In The Judgment: The Supreme Court Of Missouri’S Flawed Application Of Missouri’S Wrongful Conviction Statute, Salvatore Paris
Missouri Law Review
In recent decades, the problem of wrongful convictions has garnered much attention from both legal scholars and the public at large. However, one element of wrongful convictions that deserves more attention is the fact that it is remarkably difficult for a wrongfully convicted person to gain his or her freedom. The appeals and post-conviction process for freeing an innocent person is a tangled web of procedural complexities and technicalities. For wrongfully convicted capital defendants, the stress of the complex process compounds the cloud of impending execution hanging over the defendant’s head.
Getting Serious About Stakeholders, William O. Fisher
Getting Serious About Stakeholders, William O. Fisher
Missouri Law Review
Stakeholder enthusiasm grips public companies and asset managers. Sustainability reports abound, reflecting an appetite for detailed data on company efforts to reduce carbon emissions and water usage and to protect and diversify workforces—while investors still seek returns to finance college tuition and fund retirement. But commentators and those who control public companies fail to engage on fundamental questions: Which stakeholders count? To what degree will companies sacrifice shareholder return to benefit those stakeholders? What happens when the interests of differing sets of non-shareholder stakeholders differ? Is all the commotion really necessary, given the many laws and regulations protecting such stakeholders? …
Postconviction Remedies, Retroactivity, And Montgomery V. Louisiana’S Other New Rule, Taylor A.R. Meehan
Postconviction Remedies, Retroactivity, And Montgomery V. Louisiana’S Other New Rule, Taylor A.R. Meehan
Missouri Law Review
The U.S. Supreme Court has turned its attention back to the law of habeas corpus, with a string of new decisions that emphasize the limited scope of federal habeas relief. But focusing one’s sights on only those decisions would overlook what has transpired at the Supreme Court in recent years in state habeas cases coming directly to the Supreme Court from the state postconviction courts. Montgomery v. Louisiana, in particular, shifted the division of power between the Supreme Court and state postconviction courts for questions conventionally considered to be questions of state law. Montgomery, on the surface, is a decision …
A Final Shot At Federal Felon Dispossession: Bruen, Heller’S Haven, And Non-Violent Felons, Keaton Campbell
A Final Shot At Federal Felon Dispossession: Bruen, Heller’S Haven, And Non-Violent Felons, Keaton Campbell
Missouri Law Review
Felons are not allowed to possess firearms—yet. New York State Rifle and Pistol Association v. Bruen is the Supreme Court’s most recent elaboration on the Second Amendment, and the Court enunciated a new constitutional test for firearms regulations. The Supreme Court disclaimed the means-end balancing approach developed by courts in the wake of D.C. v. Heller and replaced it with a test focusing only on the plain text of the Second Amendment and the Nation’s historical tradition of firearms regulation. 18 U.S.C. § 922(g)(1), the federal felon dispossession statute, fared well under means-end balancing in the decade after Heller. Although …
Balancing Discretion And Fairness: The Potential Pitfalls Of Allowing Judges Too Much Discretion In Sentencing, Kelly A. Mclaughlin
Balancing Discretion And Fairness: The Potential Pitfalls Of Allowing Judges Too Much Discretion In Sentencing, Kelly A. Mclaughlin
Missouri Law Review
Nearly eighty percent of individuals in federal prison for drug offenses are Black or Latino. The War on Drugs, a global campaign started by President Nixon, had an objectively moral goal: reducing the illegal drug trade in the United States. However, in reality, the results of the campaign sparked inequalities in sentencing regimes, which has led to a disproportionate incarceration of minority groups. Most notably, there was a 100-to-1 sentencing disparity between crimes involving crack cocaine (crack) and crimes involving powder cocaine. While this distinction historically claimed to address the theory that powder cocaine has more dangerous health effects; it …
Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson
Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson
Missouri Law Review
Artificial intelligence, including ChatGPT, is the latest tech trend to create opportunities to transform notice and comment rulemaking. If ChatGPT is only used by members of the public and organizations as a tool to draft comments, it may increase the involvement of the public in the process and assist them in drafting clear and intelligible comments. However, it is unlikely to improve the quality of public comments that they provide to agencies, because it will not help them understand the type of information that agencies are seeking in public comments. In addition, if ChatGPT is used to any significant extent …
When Push Comes To Shove: How Qualified Immunity Shuts The Door To Constitutional Claims Against Law Enforcement, Scott J. Bower
When Push Comes To Shove: How Qualified Immunity Shuts The Door To Constitutional Claims Against Law Enforcement, Scott J. Bower
Missouri Law Review
Sometimes lawyers get pushed around—both literally and figuratively. However, it is not every day that a Netflix camera crew might capture such an altercation on camera. While filming a Netflix documentary about the experiences of undocumented persons in the United States, Andrea Martinez found herself in a precarious situation that resulted in her suing two United States Immigration and Customs Enforcement agents for allegedly violating her Fourth Amendment rights. Plaintiffs like Martinez often struggle to overcome the strenuous legal doctrine of qualified immunity when filing suit against government officials. Several circuits across the country are clarifying legal guidelines and applying …
Law Students Can Use Portfolios To Plan Their Practice Systems, John Lande
Law Students Can Use Portfolios To Plan Their Practice Systems, John Lande
Faculty Blogs
This post describes how law schools can help students plan for successful careers by using Real Practice System self-assessments to guide them in developing individualized portfolios. Portfolios identify students’ learning objectives and experiences designed to achieve them. Portfolios may include a variety of elements such as writing samples, video recordings, grades, faculty evaluations, clinical course journals, and extracurricular experiences.
Helping Law Students Define And Pursue Success, John Lande
Helping Law Students Define And Pursue Success, John Lande
Faculty Blogs
This post collects prior posts about how to help law students define and pursue professional success.
Real Lawyering Practice Systems, John Lande
Real Lawyering Practice Systems, John Lande
Faculty Blogs
Most of the pieces in the RPS Project have focused on mediation. The theory is not limited to mediation, and this post applies it to lawyering.
Technology In Real Practice Systems, John Lande
Technology In Real Practice Systems, John Lande
Faculty Blogs
This post uses the RPS mediation checklists to illustrate practitioners’ great reliance on technology.
Neo-Brandeisianism's Democracy Paradox, Thomas A. Lambert, Tate Cooper
Neo-Brandeisianism's Democracy Paradox, Thomas A. Lambert, Tate Cooper
Faculty Publications
Neo-Brandeisians, including the current heads of the U.S. antitrust enforcement agencies, have declared contemporary antitrust a failure. Among their chief complaints is that prevailing antitrust doctrine has failed to protect democratic values because it has allowed business enterprises to amass excessive economic power. Such economic power, they assert, breeds undue political power as large firms have the resources to sway policymakers and may thereby thwart majority will. Outside the political realm, NeoBrandeisians say, massive industrial concentration undermines effective self-governance by rendering citizens beholden as consumers, suppliers, and laborers to a small group of powerful firms. To preserve democratic values, defined …
Helping You Do The Best Mediation You Can, John Lande
Helping You Do The Best Mediation You Can, John Lande
Faculty Publications
This article is Part 2 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. Mediators’ systems grow out of their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and subjects in their cases. From their mediation experiences, they develop categories of cases, parties, and behavior patterns, and they design routine procedures and strategies for dealing with recurring challenges before, during, and after their mediation sessions.
Part 1 describes a study of mediators at educational programs to help them learn why they developed their …
Incorporating Real-World Legal Practice Into Law School Curricula, John Lande
Incorporating Real-World Legal Practice Into Law School Curricula, John Lande
Faculty Publications
This annotated bibliography was prepared for the program, “Pracademically Speaking: Incorporating Real-World Legal Practice Into the Curriculum,” at the 2024 Annual Conference of the ABA Section of Dispute Resolution. It includes relevant entries from the Real Practice Systems Project Annotated Bibliography.
This includes three sections, identifying: (1) problems with legal education and licensing, (2) resources for law schools and faculty, and (3) resources for law students. It particularly focuses on teaching skills for helping clients, which is critically important because practitioners often fail to recognize and respect clients’ perspectives and interests. Teaching students to work well with clients – and …
Why Do Mediators Mediate The Way They Do?, John Lande
Why Do Mediators Mediate The Way They Do?, John Lande
Faculty Publications
This article is Part 1 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. It reports the results of a study of mediators who attended two educational programs.
This study supports the fundamental premises of real practice systems theory. Mediators have unique practice systems based on numerous variables including their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and subjects in their cases. While mediators consciously use some techniques, much of their behavior is based on unconscious routines. Through reflection, individually and in …
Practitioners Tell Why Real Practice System Checklists Are So Useful, John Lande
Practitioners Tell Why Real Practice System Checklists Are So Useful, John Lande
Faculty Publications
Following the rave reviews for the Real Practice System Menu of Mediation Checklists, I asked practitioners to describe how they might use them. Peter Benner, Graham Boyack, Gary Doernhoefer, Brian Farkas, Clare Fowler, Laura Kaster, Randy Kiser, Jim McGuire, Paul Monicatti, John Sturrock, Jeff Trueman, Tom Valenti, and two court mediators provided extremely thoughtful responses.
This article summarizes their ideas using excerpts from their responses. It illustrates how the checklists can help mediators carefully design their unique practice systems, starting from providing general information about their practices to engaging in self-assessments after cases – and everything in between. The checklists …
Rebalancing Judicial Immunity For Civil Rights Actions, Bailey D. Barnes
Rebalancing Judicial Immunity For Civil Rights Actions, Bailey D. Barnes
Faculty Publications
Sterilization for shorter jail sentences. Vasectomies and birth control implants for freedom. In 2017, a criminal court judge in rural Tennessee made this offer to people incarcerated through sentences issued by his court. When litigators sought monetary damages and to enjoin the practice, and the local media exposed the scheme, the judge begrudgingly rescinded the order while expressing surprise that it was controversial. The Board of Judicial Conduct issued a letter of reprimand to the judge. Meanwhile, the United States District Court for the Middle District of Tennessee summarily dismissed the constitutional tort claims against the judge based on absolute …
A Tribute To Professor Marjorie Corman Aaron Upon Her Retirement, Sandra F. Sperino
A Tribute To Professor Marjorie Corman Aaron Upon Her Retirement, Sandra F. Sperino
Faculty Publications
No abstract provided.
Caring For The Caregivers: Reimagining Institutional Recognition Of Caregiving Work After The Covid Care Crisis, Shruti Rana
Caring For The Caregivers: Reimagining Institutional Recognition Of Caregiving Work After The Covid Care Crisis, Shruti Rana
Faculty Publications
The COVID-19 pandemic washed over the already uneven landscape of legal academia with an unrelenting force, hitting the most vulnerable most harshly while leaving others bobbing or churning in the waves, loosening the tethers to the social and institutional structures that had previously supported them. Some of the most devastating losses were unsurprising and indeed played out as had long been feared or predicted in times of crisis. Other harms played out in entirely new ways, creating new scars and obstacles. As we survey the changes brought across this landscape in the pandemic's wake, several emerging themes deserve further scrutiny …