Content Posted in 2025
Abolishing the Missing-Claim Rule for Judicial Cancellations, Ryan Vacca
Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights, Andrea Boyack
Addressing Asian (In)Visiblity in the Academy, Shruti Rana and Cyra Akila Choudhury
A Declaration of Rights Lost: The Diminution of Tennesseans' Civil Rights, Bailey D. Barnes
ADR in the Ongoing Experiment of American Law, Carli N. Conklin
A Nation of Kings: Judicial Overextension of Official Immunity and the Abdication of Responsibility for Our Most Vulnerable Citizens, Adam Schexnayder
A Pill's Ransom: Healthcare Liability Litigation for Unnecessary Pelvic Examinations for Birth Control Pills, Bailey D. Barnes
A Practical Guide for Using the RPS Negotiation and Mediation Coach, John Lande
A Reasonable Person Standard for Qualified Immunity, Bailey D. Barnes
A Return to the Wild West: Missouri’s Heightened Standard Under the Known Third Person Exception, Liz Eastlund
Artificial Intelligence and Transformative Use after Warhol, Gary Myers
A Snapshot of How Mediators Use Technology These Days, John Lande
A Snitch in Time Can Help Deport Nine: Proposing a Private Enforcement Scheme to Spur Self-Deportations, Ajay Gupta
Assessing the Tax Communications of E-Commerce Vendors, Part I, David Gamage
Assignments for the Benefit of Creditors as an Alternative to Bankruptcy Proceedings, Jessica G. McKinlay
A Systems Theory of Tort Law: Reevaluating the Case Against “Regulation by Litigation”, Timothy D. Lytton
A Tribute to Professor Marjorie Corman Aaron upon Her Retirement, Sandra F. Sperino
A Uniform Standard for Certifying Questions to State Courts, Bailey D. Barnes
Bad Paper & the Problems with Moral Turpitude in the VA Context, Rebecca L. Feldmann
Bargaining in the Shadow of the EFAA, Samuel R. Cole
Barnette’s Robert H. Jackson: The Constitution Protects Individual Conscience When the Cost to Society Is Not Too High, John Q. Barrett
Between the Sword and a Hard Place: Systemic Solutions to the Shortcomings of the Missouri Public Defender System, Andrew A. Bohon
Beyond Blinders and Boomerangs: Assessing State Business Taxation, David Gamage
Bostock and the Forgotten EEOC, Sandra F. Sperino
Breaking Kayfabe, Thomas B. Bennett
Breaking the Vicious Cycle Fragmenting National Law, Ryan Vacca and Peter S. Menell
Burdening Caregivers with But-For Causation, Jessie L. O'Brien
Caring for the Caregivers: Reimagining Institutional Recognition of Caregiving Work after the COVID Care Crisis, Shruti Rana
Caught in the Crossfire: Eighth Circuit Inconsistencies in Judicial Review and Mental Health Hardship to Citizen Children, Maggie N. Munsterman
Charter Schools: The Education Solution Strangling the Public Education System, Brynna Smith
Chevron Without the Courts? The Supreme Court's Recent Chevron Jurisprudence Through an Immigration Lens, Shruti Rana
Choosing to Use Good Language in the "ADR" Field, John Lande
Choosing Your Judge, Alexander Gouzoules
Church Autonomy, Textualism, and Originalism: SCOTUS's Use of History to Give Definition to Church Autonomy Doctrine, Carl H. Esbeck
Citizenship Under Fire: The Forging of the New Americans, Shruti Rana
Comparative Lessons for Enhancing Representation in the U.S. Judiciary - And Countering Democratic Decline, Shruti Rana
Competition is for the Ring, Not the Court, Cameron Shields
Contracts for Cohabitating Romantic Partners, Bailey D. Barnes
Creating Educational Value by Teaching Law Students to be Quasi-Mediators, John Lande
Crisis, Rupture and Structural Change: Re-Imagining Global Learning and Engagement While Staying in Place during the COVID-19 Pandemic, Shruti Rana and Hamid Ekbia
Custom’s Pervasive Role in Law and the Boundaries of Positivism, James P. George
Defining Diversity: Challenges to Diversity, Equity, and Inclusion Efforts in a Post-Affirmative Action America, Hannah Brown
Design Patents: An Alternative When the Low Standards of Copyright Are Too High, Ryan Vacca
Discovery, Injury, and Diligence: Reconciling Subjective and Objective Copyright Limitations Standards Post-Warner Chappell, Dennis D. Crouch and Timothy Knight
Do as I Say, Not as I Do: The Foreign Tax Credit Regulations’ Focus on the Terms of Foreign Tax Law, Rebecca Rosenberg
Escaping Arbitration and Class Action Waivers for Harassment Because of Pregnancy, Sexual Orientation or Gender Identity, Sandra F. Sperino
Expanding Preferential Treatment under the Record Rental Amendment beyond the Music Industry, Ryan Vacca
Extended Reality for Alternative Dispute Resolution, Ryan Gallagher
Facing Faculty Fears About AI, John Lande
Federal Circuit’s Filing Requirements: A Trap for Even the Experts, Dennis D. Crouch
Federalism and the Blue Sky Laws: Reevaluating U.S. Securities Regulation, Jessica E. Lees
Food for Thought: Genetically Modified Seeds as de Facto Standard-Essential Patents, Ryan Vacca, Benjamin M. Cole, and Brent J. Horton
From Making Money Without Doing Evil to Doing Good Without Handouts: The Google.org Experiment in Philanthropy, Shruti Rana
From Sheltering to Sentencing: An Examination of Immigrant Harboring Under 8 U.S.C. § 1324, Annie K. Kreikemeier
Fulfilling Technology's Promise: Enforcing the Rights of Women Caught in the Global High-Tech Underclass, Shruti Rana
Getting Help from AI to Update Your Syllabus (Even If You Think It's Just Fine), John Lande
Getting the Most from AI Tools: A Practical Guide to Writing Effective Prompts, John Lande
Good Language for Dispute Resolution Bots and Humanoids, John Lande
Government-Backed Insurance for Artificial Intelligence Technologies, Renee Henson
Helping You Do the Best Mediation You Can, John Lande
“Hey Girlie, Want to Sell Your Soul?” How the U.S. Can Counteract Predatory Cult Activities Through the Lens of Fraudulent Business Schemes, Georgia Bronson
How AI Can Help Mediators Say What They Really Mean, John Lande
How Attorneys Can Be Quasi-Mediators, John Lande
How Can You Turn Adversarial Attorneys into Quasi-Mediators?, John Lande
How I Learned to Stop Worrying and Love the Bot: What I Learned About AI and What You Can Too, John Lande
I Like My Litigation How I Like My Pie: Whole, Alexandra (Allie) Widick
Incorporating Real-World Legal Practice Into Law School Curricula, John Lande
Insurance Law and Religious Belief, Chad Marzen
Intangible Harms, Tangible Consequences: Analyzing the Impact of TransUnion on Standing to Sue for Data Breach, Noelle Wilson and Amanda Reid
Intellectual Property and Public Health - A White Paper, Ryan Vacca
International Law and the Rise of Populism, Shruti Rana, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, and Imogen Saunders
Irreconcilable: McDonnell Douglas and Summary Judgment, Sandra F. Sperino
It's Scandalous! - Limiting Profane Trademark Registrations after Tam and Brunetti, Gary Myers
It's Time to Make Important Upgrades to Our Mediation Curriculum, John Lande
Jurisdictional Conflicts in Adult Guardianship, David M. English
Juris Dr. Strangelove or: How I Learned to Stop Worrying and Love the Machines, Garret Macko
Just Consumer Financial Protection: Prevention or Cure, Andrea Boyack
Law Schools Should Substantially Increase Instruction in Mediation Representation, John Lande
Legislative Update, McKayla Bogda, Karen Crouch, Matthew Hellmann, Brett Newberry, and William Rodman
Louisiana's Ten Commandments Statute: With Litigation Updates from Arkansas and Texas, Carl H. Esbeck
Mattress Money: How Civil Forfeiture Leaves Taxpayers with Few Options, Aubrey Manculich
Meals on Duty: The Case for Excluding Meal Reimbursements for Law Enforcement, Daniel De Izaguirre
Merchants in Shakespeare’s The Merchant of Venice: A Transactional Analysis, Raj Bhala
Million-Dollar Mysteries: Recent Complex Patent Cases Lost to Rule 36, Dennis D. Crouch
Model Mediation Course Syllabus With Teaching Notes, John Lande
Modernizing the Medical Malpractice Standard of Care, Philip G. Peters Jr.
Modern Mediation Practice in American Legal Cases, John Lande
More Than a Coin Flip: Bielski v. Coinbase and the Presumption in Favor of Arbitration, Austin Siener
My Pillow or Yours?: Balancing Personal Property Rights and Government Interests, Griffin Roster
Neo-Brandeisianism's Democracy Paradox, Thomas A. Lambert and Tate Cooper
Note, Sophia Caroline Marcolla
Oxymorons R Us, John Lande
Participant Actions and Intermediate Outcomes in Initial Joint Sessions and Initial Caucuses, Roselle L. Wissler and Art Hinshaw
Patent Reform and Best Mode: A Signal to the Patent Office or a Step toward Elimination, Ryan Vacca
Petition Power, Erika Lietzan
Practitioners Tell Why Real Practice System Checklists Are So Useful, John Lande
Preventing Wrongful Conviction Caused by Eyewitness (Mis)Identification: Establishing a Presumption of Unreliability, Bailey D. Barnes
Promoting Better Dispute Decision-Making with an AI Tool Built on RPS Theory, John Lande
Protective Orders and Limited Guardianships: Legal Tools for Sidelining Plenary Guardianship, David M. English and Nina Kohn
Ready, Set, Mediate!, John Lande
Real Practice Systems Project Menu of Checklists for Attorneys in Mediation, John Lande
Reattribution, the Poison Pill and Inventorship, Dennis D. Crouch
Rebalancing Judicial Immunity for Civil Rights Actions, Bailey D. Barnes
Removing “Black Marks”: How States Can Preserve Wrongful Birth Suits Without Reliance on “Eugenic” Rhetoric, Paul J. Wuennenberg
Restricting the Rights of Poor Mothers: an International Human Rights Critique of "Workfare", Shruti Rana
Revisiting and Confronting the Federal Judiciary Capacity "Crisis": Charting a Path for Federal Judiciary Reform, Ryan Vacca and Peter S. Menell
Revisiting the Federal Circuit En Banc, Ryan Vacca
Revolutionizing the System: Designing a Safe Order of Protection Mediation Program, Sabrina Saint-Marc
RPS Coach is Biased - And Proud of It, John Lande
RPS Coach Project: A Growing Library About a Valuable AI Tool, John Lande
Ruth Bader Ginsburg's Copyright Jurisprudence, Ryan Vacca and Ann Bartow
Ruth Bader Ginsburg's Intellectual Property Jurisprudence, Ryan Vacca and Ann Bartow
Second-Guessing the Jury: The Federal Circuit's Flawed Take on Enhanced Damages in Halo v. Pulse, Dennis D. Crouch
Seismic Shifts: The COVID-19 Pandemic's Gendered Fault Lines and Implications for International Law, Shruti Rana
Sexual Orientation and Gender Identity Discrimination Claims under the Fair Housing Act after Bostock v. Clayton County, Rigel C. Oliveri
Silenced on Campus: Unveiling the Injustice of Speaker-Based Restrictions in Public University Spaces, Emily E. Bomball
Spatiotemporal Patterns for Agroforestry Tree Crops in the U.S. Corn Belt for USDA Census of Agriculture Periods 2012–2022, Andria Caruthers, Justin Dijak, and Robin M. Rotman
Starting the Conversation: The Need for a Pre-Launch “Skinny Labeling” Dispute Resolution System, Eric H. Siemens
State-Circuit Split: Reconciling Tennessee Damage Caps after Lindenberg and McClay, Bailey D. Barnes
States Can Infringe upon Your Intellectual Property Rights with Impunity in the Era of "New Federalism", Homayoon Rafatijo and Dennis D. Crouch
"Streamlining" the Rule of Law: How the Department of Justice is Undermining Judicial Review of Agency Action, Shruti Rana
Suicide’s Shadow: The Evolution of a Ghost Crime, Scott W. Howe
Supreme Court LGBTQ Orthodoxy, Carlos A. Ball
Teaching Amidst Transformation: Integrating Global Perspectives on the Financial Crisis into the Classroom, Shruti Rana
Teaching with AI - and Teaching Students to Use It Well, John Lande
Technology and Me and You: Getting Comfortable with AI, John Lande
The Artificially Intelligent RPS Negotiation and Mediation Coach, John Lande
The Art of Mediation Representation: Helping Clients Make Good Decisions, John Lande
The Buck Stops Here: Missouri Legislature’s Defunding of Abortion Providers, Maizey Edgar
The Case for Mediation Representation Clinics and Externships, John Lande
The Case for Strategic Case Evaluation and Management Courses, John Lande
The Clobes Conundrum: Why Muldrow Should Not Apply to Hostile Work Environment Claims and How the Eighth Circuit Got It Right, M. Thomas Yang
The Clock is Ticking: Legal Barriers in § 1983 Execution Protocol Challenges, Christian Witte
The Constitution's Waning Enforceability: Constitutional Torts after Egbert & Vega, Bailey D. Barnes
The Devil Wears Dupes: Legal Implications of “Dupe Culture” in the Fashion Industry and How Trademark Law Should Adapt, Alexis Theoharidis
The Emergence of New Corporate Social Responsibility Regimes in China and India, Shruti Rana and Afra Afsharipour
The Emergence of the New Chinese Banking System: Implications for Global Politics and the Future of Financial Reform, Shruti Rana
The Essence of an Antitrust Violation, Thomas A. Lambert
The Eviction Crisis is Rampaging: Time to Implement Diversion Programs, Rachel Elliott
The Fintiv Pendulum Swings Again: More Discretionary Denials Coming Soon, Dennis D. Crouch
The Fourth National Guardianship: An Introduction, David M. English
The Future Is Now: Copyright Protection for Works Created by Artificial Intelligence, Gary Myers
The Gender Sidelining Trap in Mediator Selection, Erin E. Gleason Alvarez
The Havoc Death Wreaks: Civil Rights Challenges to Capital Punishment, Bailey D. Barnes
The Illusion of Redemption: Examining Gubernatorial Pardons, Collateral Consequences, and the Ineligibility for Public Office in Missouri, Anna Claire Parker
The Important Role of Attorneys in Promoting Parties' Self-Determination in Mediation, John Lande
The Mindful First Amendment, Gary Myers
The Obviousness Paradox: Should Design and Utility Patents Play by the Same Rules?, Brooks W. Fleischmann
The Obvious Violation Exception to Qualified Immunity: An Empirical Study, Bailey D. Barnes
The Opposite of Retail Therapy: Hidden Fees and Online Shopping Hell, Claire Hiegel
Theory and Practice of Mediation Representation, John Lande
The Perfect Storm: Substance Abuse, Mental Illness, and Rural America, Bailey D. Barnes
The Problems of Commencement Speech, R. George Wright
The Screen Is Going To Ask You A Couple Questions: Analyzing No Tax On Tips and How it Will Change the Hospitality and Service Industries, Nicholas Prindiville
The SEC, Fraud, and Cryptocurrencies, Lawrence J. Trautman, Brian Elzweig, and Neal F. Newman
The Second Amendment Preservation Act: Revealing the Realities of Congress’s Commerce Clause Power, Tasneem Huq
The Second Bite at the Apple Watch Through the United States Customs and Border Protection: A Further Whittling of Patent Rights Post-eBay, Thomas R. Langdon
The Shape of Consumer Contracts, Andrea Boyack
The Success of Pre-Enforcement Challenges to Antidiscrimination Laws, Alexander Gouzoules
Thinking Like Mediators About the Future of AI, John Lande
Time and Retribution, Meghan J. Ryan
Time to REDRESS® Hazing: Changing the Way Universities Deal with Hazing Claims and Allegations, Katie Miles
Top Ten Ways to Improve Your Mediation Skills, John Lande
Tort Reform & the Takings Clause, Bailey D. Barnes
Touched by Greatness, Shruti Rana
Toward a Better Understanding of Mail Balloting: The Case of U.S. Labor Union-Representation Elections, Rafael Gely, Leonard Bierman, and Timothy Chandler
Toward a Politically Neutral Approach to K-12 Pedagogy, Cameron S. Kang and John M. Kang
Trademarks & the First Amendment after Matal v. Tam, Gary Myers
Training Humanoids to Use Good Dispute Resolution Language, John Lande
True Threats to First Amendment Protections in the Age of Voter Disinformation, Taylor Todd
Truth in Advertising for Environmental Sustainability, Robin M. Rotman and Aidan David-Pennington
Two More Plumbers Look at the Leak: Purchasing an Annuity in an Institutionalized Spouse's IRA That Is Irrevocably Payable to the Community Spouse May Work for Medicaid Purposes but Runs a Risk of Adverse Tax Treatment, David M. English and Ron M. Landsman
Uncertainty in Employee Status across Federal Law, Ryan Vacca
Unconstitutional “Detours”, Zachary R. Cormier
Unraveling the Puzzle of High Drug Prices in the United States: A Systemic Analysis and Policy Implications of March-In Rights, Mariana Larson
User Fee Programs, Erika Lietzan
Using AI to Promote Student Learning Through Preparation for and Reflection about Simulations, John Lande
Viability as Abortion-Rights Orthodoxy, Susan Frelich Appleton
Viewing Virtual Property Ownership through the Lens of Innovation, Ryan Vacca
Violating the Inviolate?: Divided Tennessee Supreme Court Upholds Constitutionality of Noneconomic Damage Caps, Focuses on Right to Jury Trial, Bailey D. Barnes
Virtual Reality: Communication Channels, Trust, and Board Oversight, Nicola Faith Sharpe
Vouching for Fair Housing: Landlords’ Duty to Accept Housing Vouchers as Reasonable Accommodations for Handicapped Tenants, Elly M. Lang
"What Shall Be Orthodox" in Polarized Times: Overview and Response to Commentators, Linda C. McClain and James E. Fleming
What’s the “Gig” Idea?: The Importance of Understanding Who Employees Are Under The FLSA, Gracie Williams Clevenger
What's the Matter With BATNA? It's Misleading and Doesn't Help Advance Parties' Important Interests, John Lande
When AI Comes to the Table: How Tech Tools Will Change ADR, John Lande
Who Knew - The Admissibility of Subsequent Remedial Measures when Defendants are without Knowledge of the Injuries, Ryan Vacca and Mark G. Boyko
Why Do Mediators Mediate the Way They Do?, John Lande
Winter Is Coming: What States Should Do Now, Part I, David Gamage and Darien Shanske
Work Made for Hire - Analyzing the Multifactor Balancing Test, Ryan Vacca
Work Without Borders: Legal Challenges in the Age of Remote and Hybrid Employment, Kiera Doughty