Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes,
2026
Benjamin N. Cardozo School of Law
Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona
Online Publications
This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …
Toward A Private Law Of Intimates' Obligations,
2026
Villanova University Charles Widger School of Law
Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg
Faculty Publications
When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …
Interim Measures In International Commercial Arbitration: Revisiting Enforceability,
2026
University of Tübingen, Germany
Interim Measures In International Commercial Arbitration: Revisiting Enforceability, Sophia Kubo
Michigan Journal of International Law
Interim measures may offer a solution to obstructive tactics in international commercial disputes. While arbitral tribunals’ authority to grant provisional relief is now widely recognized, enforcement remains legally uncertain and fragmented, undermining the promise of this solution. Acknowledging that proposals for a supranational treaty on enforcement of interim measures or an amendment to existing treaties are unrealistic, this article offers a critical analysis of existing enforcement models– court assistance, exequatur, and mixed approaches–and evaluates them through the lens of legal certainty and efficiency. The article argues that the exequatur model, supported by a dynamic interpretation of the New York Convention, …
Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code,
2026
Benjamin N. Cardozo School of Law
Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code, David G. Carlson
Articles
The article argues that state law tort claims based on fraudulent transfers are preempted by the Bankruptcy Code. It contends that allowing such tort claims to persist interferes with a bankruptcy trustee's ability to achieve universal settlements and recover assets, as the trustee cannot guarantee immunity from third-party tort liabilities.
Faculty List,
2026
University of Missouri School of Law
Masthead,
2026
University of Missouri School of Law
Table Of Contents,
2026
University of Missouri School of Law
Symposium Introduction: Artificial Intelligence, Real Attorneys, And The Art Of Lawyering: Utilizing The Tools Of Ai To Enhance, Not Inhibit, Our Humanity,
2026
University of Missouri School of Law
Symposium Introduction: Artificial Intelligence, Real Attorneys, And The Art Of Lawyering: Utilizing The Tools Of Ai To Enhance, Not Inhibit, Our Humanity, Carli N. Conklin
Journal of Dispute Resolution
In recent years, legal academia has seen a proliferation of symposia and conferences focused on the interrelationship between the increasing prevalence and sophistication of artificial intelligence, and the opportunities and challenges AI provides for our work in legal teaching, legal research and writing, and the practice of law. Here at the University of Missouri Center for the Study of Dispute Resolution and Journal of Dispute Resolution, we could not help but think about the rise of artificial intelligence in the practice of law through a dispute resolution lens. More specifically, we became increasingly curious about the unfolding interplay between artificial …
The Limits Of Disclosure: Artificial Intelligence, Arbitration, And The Illusion Of Informed Consent,
2026
University of Missouri School of Law
The Limits Of Disclosure: Artificial Intelligence, Arbitration, And The Illusion Of Informed Consent, Rishi Batra
Journal of Dispute Resolution
Consider the following scenario: A warehouse worker brings a wage and hour claim against her employer under her state's labor code. Her employment contract, which she signed on her first day of work, contains a mandatory arbitration clause that she did not negotiate, did not fully read, and — like most employees in her situation — did not fully understand. An arbitrator is appointed, a hearing is held, and an award is issued in the employer's favor several weeks later, denying the employee's claims entirely. The award is well-organized and internally consistent, addressing each of the worker's claims with what …
A Decade Of Change: Technology’S Impact On Negotiation Deepens In The Age Of Ai,
2026
University of Missouri School of Law
A Decade Of Change: Technology’S Impact On Negotiation Deepens In The Age Of Ai, Noam Ebner
Journal of Dispute Resolution
When people consider the notion of negotiation changing, they tend to look first toward that magnificent negotiation construct, “the table.” Here are some immediately apparent areas of table-novelty: • There is often a screen on our table, rather than another person sitting across from us. • The table we “go” to negotiate at is not in our office or that of our counterpart; rather, it is a communications system such as email or an online platform developed by a third-party provider. • The table, in its online-platform form, sometimes structures process and facilitates communication in ways that our trusty old …
Artificial Intelligence, Real Humans, And The Art Of Lawyering: Reflections From Practice,
2026
University of Missouri School of Law
Artificial Intelligence, Real Humans, And The Art Of Lawyering: Reflections From Practice, Jenna Homeyer
Journal of Dispute Resolution
René Descartes famously stated, “I think, therefore I am.” As artificial intelligence (“AI”) increases in prevalence throughout society and the field of law, we might ask ourselves, who are we if we allow AI to think for us? This symposium began with a question about the interplay between artificial intelligence and the human skills present in the art of lawyering. After using AI in my legal practice for the past two and half years, I can attest that there remains a very human skill set that is necessary to the art of good or effective lawyering. AI can be a …
Rps Mediator Coachbuilder,
2026
University of Missouri School of Law
Rps Mediator Coachbuilder, John Lande
Journal of Dispute Resolution
Instructions for AI Tool
Using Ai Centaur Systems To Strengthen Professional Judgment,
2026
University of Missouri School of Law
Using Ai Centaur Systems To Strengthen Professional Judgment, John Lande
Journal of Dispute Resolution
This article encourages dispute resolution practitioners to use artificial intelligence (AI) “centaur” systems, which may perform better than either humans or AI tools operating independently. Centaur systems combine human and AI capabilities so that each contributes complementary strengths in decision-making. This is particularly important in managing legal disputes, where practitioners should integrate analysis of legal issues, tangible and intangible costs, strategic judgment, and ethical considerations.
The Life And Work Of Odr Visionary And Architect Colin Rule (So Far),
2026
University of Missouri School of Law
The Life And Work Of Odr Visionary And Architect Colin Rule (So Far), John Lande
Journal of Dispute Resolution
Many people know Colin Rule as a pioneer of online dispute resolution. Fewer people probably appreciate the full breadth of his contributions over the last three decades. This article reviews Rule’s work as a builder of dispute resolution systems, writer, educator, entrepreneur, and institutional leader. It highlights recurring themes in his career and scholarship, including trust, fairness, usability, access to justice, and the need to keep human judgment at the center of technological innovation.
Cooling Conflict: Embedding Mediation Protocols In Data Center Land Sale Contracts,
2026
University of Missouri School of Law
Cooling Conflict: Embedding Mediation Protocols In Data Center Land Sale Contracts, Allison Elias
Journal of Dispute Resolution
Imagine a two-thousand-acre plot of land in rural Louisiana being leveled to accommodate a 10 billion dollar data center. With the construction of this data center comes the destruction of a region inhabited by rich plant and animal life as well as 80,000 residents, a quarter of whom live below the poverty line. Alternatively, think of a $750 million data center being built next door to your home, causing sediment build-up in your water supply, water scarcity, light pollution, and destruction of neighboring forests. Unfortunately, one does not have to imagine these scenarios. Both stories come directly from recent news …
Reports Of Legal Writing’S Death Are Greatly Exaggerated: Why Generative Ai Will Not Kill The Craft,
2026
University of Missouri School of Law
Reports Of Legal Writing’S Death Are Greatly Exaggerated: Why Generative Ai Will Not Kill The Craft, Jayne T. Woods
Journal of Dispute Resolution
In preparing for this essay, I typed the phrase “legal writing is” into Google to see how common searches finished the thought. The only completed thought to appear was “legal writing is hard.” Amen. Legal writing is an amalgamation of logical reasoning, cognitive psychology, classical rhetoric, legal terminology, legal citation, and proper grammar and style, all of which must result in a product accessible to readers of all education levels. When generative AI arrived, producing cogent, plausible legal prose in seconds, it led many to believe that writing, generally, and legal writing, specifically, had reached the end of days.
Mirror, Mirror On My Screen, Can You Feel Like A Human Being?,
2026
University of Missouri School of Law
Mirror, Mirror On My Screen, Can You Feel Like A Human Being?, Lauren A. Newell
Journal of Dispute Resolution
We cannot go anywhere without encountering artificial intelligence (AI) these days. AI has infiltrated our phones, our cars, and our washing machines. It is with us in doctors’ offices, at the drive-through, and at sporting events. It has taken over our calendars and our inboxes and our videoconferences, and it would like to help us brush our teeth, too.
Justice After Atrocity: Lessons From Rwanda And Cambodia For Contemporary International Law And Conflict,
2026
University of Missouri School of Law
Justice After Atrocity: Lessons From Rwanda And Cambodia For Contemporary International Law And Conflict, Jennie Hubbard
Journal of Dispute Resolution
In the aftermath of mass atrocity, the question facing survivors and policymakers is not whether societies will rebuild but how rebuilding will address truth, justice, and memory. Modern transitional justice systems trace institutional and normative roots to the post—World War II order, most famously embodied by the Nuremberg Trials, which first established that individuals could be held accountable for crimes against humanity. Nuremberg did more than punish Nazi officials; it articulated a legal and moral principle that the international community could, and sometimes must, assert jurisdiction to address mass crimes when domestic systems fail. Despite that precedent, global reactions to …
Beyond City Limits: Access To Adr And Child Client-Directed Counsel In Missouri’S Rural Family Courts,
2026
University of Missouri School of Law
Beyond City Limits: Access To Adr And Child Client-Directed Counsel In Missouri’S Rural Family Courts, Reghan Matlock
Journal of Dispute Resolution
Reba McEntire once sang, “Don’t trust your soul to no backwoods southern lawyer”—a warning that still echoes in today’s debates about rural justice and representation. The catchy murder ballad captures a story driven by dramatic family ties and a broken justice system. While the song exaggerates for effect, it taps into a realistic concern: an existing divide in access to justice between rural and urban communities. This divide impacts all areas of law, including family law—where concerns about confidentiality and privacy are heightened because small communities make it difficult to shield sensitive matters from public view. The divide is troubling, …
Reforming Mediation: The Hidden Inequities Shaped By Race, Gender, And Power,
2026
University of Missouri School of Law
Reforming Mediation: The Hidden Inequities Shaped By Race, Gender, And Power, Victoria Seever
Journal of Dispute Resolution
Courts and policymakers often promote family dispute resolution as a faster, less adversarial alternative to traditional litigation. Yet for many women of color, the mediation table often replicates the same racial and gender power imbalances that the legal system claims to mitigate. Family Dispute Resolution (“FDR”) often fails women of color by reinforcing racialized and gendered power imbalances. Alternative dispute resolution (“ADR”), especially mediation, presents both an opportunity and a risk in divorce, custody, and intimate partner violence (“IPV”) cases. IPV cases become especially difficult with the various laws in different states that govern how mediation should be used and …
