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STATE LEGISLATIVE UPDATE
Get PDFThe State Legislative Update is compiled and written annually by the Journal of Dispute Resolution \u27s 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. This year\u27s State Legislative Update is especially important because the operations of state legislatures were altered due to the COVID-19 Pandemic
Black Lawyers of Missouri: 150 Years of Progress and Promise
Get PDFIn this Article, Judge Epps amasses and orchestrates an unprecedented amount of information about Missouri’s Black lawyers from 1871 to 2021. As Missouri marks its bicentennial, and the sesquicentennial of the first Black lawyer admitted to practice here, this Article offers analysis and insights about the most well-known Black lawyers, including new details on many previously unknown Black lawyers. According to Judge Epps, the earliest of these legal pioneers courageously practiced law when Blacks had few or no rights under the Supreme Court’s interpretation of the Constitution, and de jure and de facto discrimination reigned in Missouri. His research shows how Black attorneys fought prejudice within the profession even as they represented Black clients before a sometimes hostile judiciary. Judge Epps’s scholarship also spotlights a generation of Missouri Black lawyers who shattered ceilings, sparking progress within the profession. This Article is the essential resource to understand the stony road Blacks have trod, the transformation of civil rights law, and the challenges ahead
DWIGHT GOLANN ON A YEAR OF ZOOM MEDIATIONS
Get PDFThis post summarizes Dwight Golann’s article, “I Sometimes Catch Myself Looking Angry or Tired …” The Impact of Mediating by Zoom. He concludes, “Mediating by Zoom is a much more positive experience than people expected and will be a large part of the field in the future.
CONSTRUCTING GOOD ODR SYSTEMS
Get PDFThis post presents an article by Amy Schmitz and John Zeleznikow, Intelligent Legal Tech to Empower Self-Represented Litigants. It helps explain why ODR systems sometimes don’t fulfill parties’ needs. The article develops a typology of six functions that various ODR systems perform: case management, triaging, advisory, communication, decision support, and drafting. It includes a great appendix listing ODR systems and which of these functions they perform, noting that some systems perform multiple functions. It argues that artificial intelligence and data analytics have the potential to help self-represented litigants and others pursue remedies and justice
TEACHING STUDENTS TO THINK LIKE PRACTITIONERS
Get PDFThis post summarizes ideas from a presentation focused on how to teach students to think like a mediator. This post applies the same logic to thinking like an advocate in mediation or a negotiator. The techniques can be applied in courses teaching practice skills through simulations, externships, and clinical experiences. The post includes possible teaching assignments
Seismic Shifts: The COVID-19 Pandemic\u27s Gendered Fault Lines and Implications for International Law
No full textAs we look towards the pandemic\u27s end, this article examines the pandemic\u27s impacts on the international legal order through a gendered lens. It argues that in the short-term, the pandemic reinforces public-private divides in international law, reinvigorating previous debates over the state\u27s power in social relations-its role in protecting people from, as opposed to perpetrating, harm. It argues that in the long-term, these developments threaten to unravel the most recent gains in international law and global governance that have operated to support and expand the recognition of human rights to marginalised groups. Left unaddressed, this unraveling will further entrench such divides and contribute to the further retreat of the liberal international order
