Articles
Why Do Businesses Use (or Not Use) Arbitration Clauses? (with Christopher R. Drahozal), Ohio St. J. on Disp. Resol. (2010)
Some recent scholarship contends that arbitration is failing in its attempts to compete with litigation....
The Bar’s Extraordinarily Powerful Role In Selecting the Kansas Supreme Court, Kansas Journal of Law & Public Policy (2009)
In supreme court selection, the bar has more power in Kansas than in any other...
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. v. Cardegna, Nevada Law Journal (2008)
The recent case of Buckeye Check Cashing, Inc. v. Cardegna, is only the second Supreme...
Farm Tractors in Kansas: How to Perfect a Security Interest (with Aaron K. Johnstun), Kansas Law Review (2008)
Widespread enactment of the Uniform Commercial Code (UCC) occurred nearly half a century ago. Even...
Selection to the Kansas Supreme Court, Kansas Journal of Law & Public Policy (2008)
Kansas is the only state in the union that gives the members of its bar...
What Makes Securities Arbitration Different From Other Consumer and Employment Arbitration?, University of Cincinnati Law Review (2008)
This short piece emphasizes what makes consumer and employment arbitration in the securities industry different...
'Medical-Related Financial Distress,' and Health Care Finance: A Reply to Professor Melissa Jacoby, Kansas Law Review (2007)
Professor Jacoby's description of medical-related financial distress as a pervasive problem is not merely a...
The Case for Enforcing Adhesive Arbitration Agreements - With Particular Consideration of Class Actions and Arbitration Fees, Journal of American Arbitration (2006)
Arbitration clauses appear in a wide variety of the form contracts through which consumers obtain...
Arbitration Clauses, Jury-Waiver Clauses and Other Contractual Waivers of Constitutional Rights, Law and Contemporary Problems (2004)
Consenting to a contract containing an arbitration clause or a jury-waiver clause alienates or waives...
The Source of Alabama's Abundance of Arbitration Cases: Alabama's Bizarre Law of Damages for Mental Anguish, American Journal of Trial Advocacy (2004)
This Article gives an overview of arbitration litigation in Alabama, including the evolution of mental...
Contractual Arbitration, Mandatory Arbitration and State Constitutional Jury-Trial Rights, University of San Francisco Law Review (2003)
This Article discusses the relationship between the Federal Arbitration Act and state constitutional jury-trial rights.
Teaching Arbitration Law, American Review of International Arbitration (2003)
This article is written with the following goals: to provide useful suggestions for those who...
Consumer and Employment Arbitration Law in Comparative Perspective: The Importance of the Civil Jury, University of Miami Law Review (2002)
Much of what makes civil litigation in the United States materially different from civil litigation...
Domain-Name Arbitration in the Arbitration-Law Context: Consent to, and Fairness in, the UDRP, Journal of Small and Emerging Business Law (2002)
In this Article, Professor Ware surveys many of the arbitration systems that have been attacked...
Security Interests, Repossessed Collateral and Turnover of Property to the Bankruptcy Estate, Utah Law Review (2002)
Property is generally understood in two ways. Most people think of property as a thing...
Paying the Price of Process: Judicial Regulation of Consumer Arbitration Agreements, Journal of Dispute Resolution (2001)
Arbitration clauses now appear in many of the form contracts through which consumers obtain goods,...
The Effects of Gilmer: Empirical and Other Approaches to the Study of Employment Arbitration, Ohio State Journal on Dispute Resolution (2001)
A forthcoming article, Christine Jolls, Accommodation Mandates, 53 Stan. L. Rev., provides a framework for...
ADR in Cyberspace (with Sarah Rudolph Cole), Ohio State Journal on Dispute Resolution (2000)
Introduction to symposium on dispute resolution in cyberspace.
Arbitration and Assimilation, Washington University Law Quarterly (2000)
Arbitration is not necessarily antithetical to the assimilation of different groups. While intra-group arbitration allows...
Default Rules from Mandatory Rules: Privatizing Law Through Arbitration, Minnesota Law Review (1999)
This Article considers the extent to which the creation of law has been privatized through...
Money, Politics and Judicial Decisions: A Case Study of Arbitration Law in Alabama, Journal of Law & Politics (1999)
This article presents the results of a study of 106 decisions by the Supreme Court...
Consumer Arbitration as Exceptional Consumer Law (Including a Contractualist Reply to Carrington & Haagen), McGeorge Law Review (1998)
This article is part of a symposium on arbitration held by the McGeorge School of...
'Opt-In' for Judicial Review of Errors of Law Under the Revised Uniform Arbitration Act, The American Review of International Arbitration (1997)
The Uniform Arbitration Act is one of the most successful uniform laws. It has been...
Arbitration and Unconscionability After Doctor's Associates, Inc. v. Casarotto, Wake Forest Law Review (1996)
In Doctor's Associates, Inc. v. Casarotto, the Supreme Court again endorsed a contractual approach to...
Employment Arbitration and Voluntary Consent, Hofstra Law Review (1996)
The boom in non-union employment arbitration has caused great concern about protecting employees' access to...
Punitive Damages in Arbitration: Contracting out of Governments Role in Punishment and Federal Preemption of State Law, Fordham Law Review (1994)
A contractualist approach to the question of whether arbitrators may award punitive damages. Addresses choice-of-law...
A Critique of the Reasonable Expecations Doctrine, University of Chicago Law Review (1989)
This Comment argues that the doctrine should be abandoned.