Content Posted in 2026
303 Creative, Exclusive Private Enforcement, and Blue-State Revenge, Charles W. "Rocky" Rhodes and Howard W. Wasserman
A Comparative Analysis of Third-Party Litigation Funding in the United States and the United Kingdom, Gary Myers
Arbitration: An Unstoppable Wave?, Matthew Boston
Arbitration Unplugged: Heckman v. Live Nation and the Future of Compelled Arbitration, Will Knowles
A Silence after Slaughter-House: Nineteenth-Century State Constitutional Substantive Rights, Liberties, and Privileges, Charles W. "Rocky" Rhodes
Assessing the Tax Communications of E-Commerce Vendors, Part II, David Gamage
A Video Guide for Teaching Law Students to Use AI Wisely, John Lande
Back to Basics: Statutory Interpretation and the Demise of the DOL’s Tip Credit Rule After Loper Bright, William T. Perryman
Billionaire Mark-to-Market Reforms: Response to Susswein and Brown, David Gamage and Reuven S. Avi-Yonah
Breaking Up the Dog Fight: Restoring Order to Supplemental Jurisdiction After Wullschleger, Lucas Reed
Bridging the Divide: Does the EU’s AI Act Offer Code for Regulating Emergent Technologies in America?, Renee Henson
Catching Up to Technology: Mediation’s Role in the Era of Driverless Cars, Kaitlyn Puyear
Cooperative Creativity: The ADR Foundations of Modern Dance Copyright, Audrey O'Brien
Coping With California’s Deficit, Part 1: Borrowing and Taxes, David Gamage and Darien Shanske
Coping With California’s Deficit, Part 2: Permissible Borrowing, David Gamage and Darien Shanske
Correcting the Record: Responding to Some Legal Arguments About the 2026 Billionaire Tax Act, David Gamage, Brian D. Galle, and Darien Shanske
Debating the Self-Pardon: A Dialogue of the Evidence for and Against the Constitutionality of a Presidential Self-Pardon, Michael Conklin and Peter B. Bayer
De-Skilling or Re-Skilling? The Case for Smarter Writing Assignments, John Lande
Did the Washington Supreme Court Rule Correctly on the Capital Gains Tax?, David Gamage and Jared Walczak
Did Your Student or a Bot Write This Paper?: Teaching and Grading in the Age of AI, John Lande
Eugenics and the Carceral State: Progressive-Era Reform & the Creation of the Modern Criminal Justice System, Laura I. Appleman
Evergreening's Empirical Chasm, Erika Lietzan
Expert Report On The California 2026 Billionaire Tax: Revenue, Economic, and Constitutional Analysis, David Gamage, Brian D. Galle, Emmanuel Saez, and Darien Shanske
Expert Report on Valuation of Controlling Shares of Publicly Traded Companies Under the California Billionaire Tax Act (CBTA), David Gamage, Brian D. Galle, Emmanuel Saez, and Darien Shanske
Faculty Use of Artificial Intelligence in Teaching, John Lande
FDA After Loper Bright, Erika Lietzan
From Ancient Practices to Modern Law: The Evolution of Mediation, Shannon Hoggatt
Google Geofences: Navigating the Fourth Amendment in the Digital Age, Maverick L. L. Lewis
Historical Practice at the Founding, Ryan Snyder
House of Cards: An Examination of Missouri’s Inconsistent Tax Assessment Regime and the Questionable Role of the Court as Arbiter, Isabel Fenoglio
Housing Sexual Harassment: A Department of Justice Case Study, Rigel C. Oliveri
How AI Can Help Mediators Say What They Really Mean, John Lande
How Mediators and Lawyers Can Use AI: A Practical Video Guide, John Lande
Introduction to the Symposium Issue, Allie Widick
Investigation Expenses, Ryan Vacca
Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul, Edward P. McDermott
Judicial Process and Vigilante Federalism, Charles W. "Rocky" Rhodes and Howard M. Wasserman
Legal and Policy Responses to Sexual Harassment in Housing, Rigel C. Oliveri
Legislative Update, Steven Flanders, Brianna Ford, Anna Miller, and Katie Taafe
Looking Forward, Reflecting Back: The Promise of Dispute Resolution to Reform the Criminal Legal System, Cynthia Alkon
Lynk Labs: How the Least-Vetted Documents Destroy Issued Patents, Dennis D. Crouch
Money Moves: Taxing the Wealthy at the State Level, David Gamage, Brian D. Galle, and Darien Shanske
Money Over Everything: Reimagining Health Care Enforcement, Jacob T. Elberg
Moore Questions, Some Answers: Fixing the Personal Tax System Despite Constitutional Constraints, David Gamage, John R. Brooks, and Edward J. McCaffery
NCTI is the New GILTI, and States Should Still Conform, David Gamage and Darien Shanske
Pickering and Choosing: The Positive Outcome of an Eighth Circuit Ruling Among the Chaotic World of Government Employee Free Speech, Luke M. Severt
Platform Privileges: A Framework for How Antitrust Law Should Police Digital Platforms’ Use of Material Non-Public Information, Eric H. Siemens
Profit Shifting and the States: A Short Primer, David Gamage
Psychology and Dispute Resolution: Looking Forward, Jennifer K. Robbennolt
Resolving Ranks: The Role of ADR in Military Justice, Dane Puckett
Rule 11’s Unfulfilled Promise to Protect Noncitizen Defendants, Allison McCarthy
Solving Professors' Dilemmas about Prohibiting or Promoting Student AI Use, John Lande
Solving the Procedural Puzzles of Texas’ Fetal-Heartbeat Law and its Imitators: The Potential for Defensive Litigation, Charles W. "Rocky" Rhodes and Howard M. Wasserman
Solving the Procedural Puzzles of the Texas Heartbeat Act and Its Imitators: New York Times v. Sullivan as Historical Analogue, Charles W. "Rocky" Rhodes and Howard M. Wasserman
Solving the Procedural Puzzles of The Texas Heartbeat Act and its Imitators: The Limits and Opportunities for Offensive Litigation, Charles W. "Rocky" Rhodes and Howard M. Wasserman
Strategic Nonconformity, State Corporate Income Taxes, And the TCJA: Part II, David Gamage, Darien Shanske, and Adam Thimmesch
“Take a Seat”: Overcoming the Enforceability Challenges of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel
Tax Base Diversification as an Enforcement Tool, David Gamage, Brian Galle, and Yulia Kuchumova
Taxing Dynasties, David Gamage, Brian D. Galle, and Bob Lord
Teaching with AI: Insights from a Faculty Focus Group, John M. Lande
The Art of AI Prompting in Law and Dispute Resolution Practice, John Lande
The Bankruptcy Judge and the Generalist Tradition, Alexander Gouzoules
The Non-Punishment Principle and Restorative Justice, Rachel J. Wechsler
The Settlement Privacy-Transparency Matrix: Moving Beyond the Dichotomous Mindset in the Settlement Debate, Alyson Carrel and Peter K. Chan
Toddlers, Investors, and Tax Policy, Lauren Shores Pelikan
Topple Headfirst into the Dark: Restorative Justice in Missouri and Hope for the Future, Emma Donaldson
Towards Customizing Principled Negotiation Based on Culture: A Differentiated Approach, Monique Carels and Yannic Anthony Ratt
Turning Risks of Cheating with AI into Opportunities for Better Teaching, John M. Lande
Understanding Landowner Perceptions: Enhancing Conservation Easement Adoption in Missouri's Priority Landscapes, McKenna N. Thompson, Jennah I. Klein, Robin M. Rotman, Sonja A. Wilhelm Stanis, Gus C. Raeker, and Michele D. Baumer
Volunteered or Voluntold: Effectiveness of Good Faith Clauses on Court-Ordered Mediation, J. Michael Moore
When is Discrimination Harmful?, Sandra F. Sperino
Whose Right(s)?: Civil Rights Impact of Cultural Conflicts in the Curriculum, S. David Mitchell
Why AI May Be Your Best Negotiation and Mediation Coach, John Lande
Writing It Right: Advice About Written Advocacy from the Washington Court of Appeals, Douglas E. Abrams