Academic Journals
Beyond Stress Reduction: Mindfulness as a Skill for Developing Authentic Professional Identity, 89 UMKC LAW REVIEW 669 (2021).
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Can Mindfulness Help Law Students With Stress, Focus, and Well-being? An Empirical Study of 1Ls at a Midwestern Law School with Kennon M. Sheldon, 48 SOUTHWESTERN LAW REVIEW 241 (2019).
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Rethinking the Law of Legal Negotiation: Confidentiality Under Federal Rule of Evidence 408 and Related State Laws, 59 BOSTON COLLEGE LAW REVIEW 523 (2018).
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Symposium: The Art, Craft, and Future of Legal Journalism: A Tribune to Anthony Lewis – Foreward, 79 MISSOURI LAW REVIEW 849 (2014).
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Bringing Mindfulness into the Law School Classroom: A Personal Journey, 61 JOURNAL OF LEGAL EDUCATION 674 (2012)
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FAA Law, Without the Activism: What if the Bellwether Cases Were Decided by a Truly Conservative Court, 60 UNIVERSITY OF KANSAS LAW REVEW 883 (2012)
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Personal Autonomy and Vacatur After Hall Street, 113 PENN STATE LAW REVIEW 1103 (2009)
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The Impact of News Coverage on Conflict: Toward Greater Understanding, 93 MARQUETTE LAW REVIEW 45 (2009)
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Process Purity and Innovation in Dispute Resolution: A Response to Professors Stempel, Cole, and Drahozal, 8 NEVADA LAW JOURNAL 271 (2007)
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Beyond the Assumptions: News Reporting and Its Impact on Conflict, 2007 JOURNAL OF DISPUTE RESOLUTION 143 (2007)
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Confidentiality in Arbitration: Beyond the Myth, 54 UNIVERSITY OF KANSAS LAW REVIEW 1255 (2006)
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Impartiality in Arbitration: Accounting for Arbitrator Self-Interest, 4 JOURNAL OF AMERICAN ARBITRATION 293 (2006)
Justice Blackmun and the Spirit of Liberty (symposium, Reflections on Judging : A Discussion Following the Release of the Blackmun Papers), 70 MISSOURI LAW REVIEW 1199 (2005)
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Democracy and Dispute Resolution: Systems Design and the New Workplace, 10 HARVARD NEGOTIATION LAW REVIEW 11 (2005)
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Fear and Risk in ‘Times of Crisis’: The Media’s Challenge, 69 MISSOURI LAW REVIEW 1123 (2004)
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Democracy and Dispute Resolution: The Problem of Arbitration, 67 LAW & CONTEMPORARY PROBLEMS 279 (Winter/Spring 2004)
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First Options, Consent to Arbitration, and the Demise of Separability: Restoring Access to Justice for Contracts with Arbitration Provisions, 56 SMU LAW REVIEW 819 (2003)
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The Sound of Dust Settling: A Response to Residual Criticisms of the UMA, 2003 JOURNAL OF DISPUTE RESOLUTION 99
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Constitutional Gravity: A Unitary Theory of Alternative Dispute Resolution and Public Civil Justice, 47 UCLA LAW REVIEW 949 (2000)
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Public Justice: Toward a State Action Theory of Alterative Dispute Resolution, 85 CALIFORNIA LAW REVIEW 577 (1997)
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Book Chapters/Collected Works
Ombuds, with Nancy G. Harter, Philip J. Harter, Judy Kaleta, Sharan Levine in DEVELOPMENTS IN ADMINISTRATIVE LAW AND REGULATORY PRACTICE: 2003-2004, (ed. Jeffrey S. Lubbers. ABA Section of Administrative Law and Regulatory Practice 2004)
Books
Dispute Resolution and Lawyers with Leonard L. Riskin, James Westbrook, Chris Guthrie, Jennifer K. Robbennolt and Nancy Welsh, (4th ed, Thomson/West 2009)
Corporate Governance: A Practical Guide for Dispute Resolution Professionals, (ABA Section of Dispute Resolution 2005)
Dispute Resolution and Lawyers with Leonard L. Riskin, James Westbrook, Chris Guthrie, Jennifer K. Robbennolt and Timothy Heinsz, (3rd ed, Thomson/West 2005)
Carve-outs in Workers’ Compensation: An Analysis of the Experience in the California Construction Industry with David I. Levine, Frank W. Neuhauser, Jeffrey S. Petersen and Christian Escheverria, (The Upjohn Institute, 2002)
Other Publications
An Inside Look at How Roe v. Wade Survived, SACRAMENTO BEE, Aug. 30, 1992 at F-1
The Rehnquist Court Brings Habeas Review Full Circle, LOS ANGELES DAILY JOURNAL, July 15, 1991 at A-1
Professional Journals
Teacher, Mentor, Friend, Leader with Margaret Shaw, 19 no.1 DISPUTE RESOLUTION MAGAZINE 4 (2012).
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Public Civil Discourse: A New Domain for Dispute Resolution, 18 no.2 DISPUTE RESOLUTION MAGAZINE 4 (2012)
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ADR and the Rule of Law: Making the Connection, 16 no.4 DISPUTE RESOLUTION MAGAZINE 4 (2010)
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Tort Reform Renews Debate Over Mandatory Mediation, v.13 no.2 DISPUTE RESOLUTION MAGAZINE 13 (2007).
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Several Initiatives on Media and Conflict Under Way with Susan Hackley, 13 No.4 DISPUTE RESOLUTION MAGAZINE 23 (Summer 2007)
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A Special Publication, 14 No. 1 DISPUTE RESOLUTION MAGAZINE 31 (Fall 2007)
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The Democratic Legitimacy of Government-Related Dispute Resolution, 12 DISPUTE RESOLUTION MAGAZINE 23 (2006)
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Growing Pains: State Regulation of ADR Signals the Industry’s Coming of Age, 22 CALIFORNIA LAWYER 35 (2002)
Ashcroft Sends Signal of Support for ADR in Justice Department, 8 DISPUTE RESOLUTION MAGAZINE 29 (2002)
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Uniform Mediation Act Becomes a Reality, 7 DISPUTE RESOLUTION MAGAZINE 31 (2001)
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CRINFO Helps Fill Conflict Resolution Information Gap, 7 DISPUTE RESOLUTION MAGAZINE 32 (2001)
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States Starting to Offer Legal Protection for Apology, 6 No. 4 DISPUTE RESOLUTION MAGAZINE 30 (2000)
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UMA Drafters Extend Their Work a Year, 6 No. 3 DISPUTE RESOLUTION MAGAZINE 34 (2000)
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Harvard Conference Goes Back to Basics: Teaching of Negotiation, 6 No. 2 DISPUTE RESOLUTION MAGAZINE 32 (2000)
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Deconstructing Confidentiality, 20 CALIFORNIA LAWYER 29 (2000)
Court Issues Major Ruling on Mediation Confidentiality, 6 No. 1 DISPUTE RESOLUTION MAGAZINE 25 (1999)
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The Pendulum Swings Again: Badie, Wright Decisions Underscore Importance of Actual Assent to Arbitration, 6 No. 1 DISPUTE RESOLUTION MAGAZINE 18 (1999)
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Proposed Uniform Mediation Act Goes Public For Commentswith Nancy H. Rogers, 5 No.4 DISPUTE RESOLUTION MAGAZINE 18 (1999)
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No Consent, No ADR, 19 CALIFORNIA LAWYER 42 (1999)
Major Step Forward: Proposed Uniform Mediation Act Goes Public for Comments with Nancy H. Rogers, 5 no.4 DISPUTE RESOLUTION MAGAZINE 18 (1998-1999)
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The Right Mix: Searching for the Balance Between Simplicity and Fairness in Arbitration, 5 No.1 DISPUTE RESOLUTION MAGAZINE 4 (1998)
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Choppy Waters: Movement Towards a Uniform Confidentiality Privilege Faces Cross-Currents, 5 No.2 DISPUTE RESOLUTION MAGAZINE 4 (1998)
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Finding the Right Target: Federalism is the Underlying Issue in Challenges to the Brady Act, 83 no.1 AMERICAN BAR ASSOCIATION JOURNAL 44 (1997).
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Blowing the Whistle Louder: Ruling Could Increase Fraud Claims Against Government Contractors, 83 no.4 AMERICAN BAR ASSOCIATION JOURNAL 38 (1997).
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Justices Take the 11th: Obscure Amendment Become Federalism Fodder for Supreme Court, 83 no.2 AMERICAN BAR ASSOCIATION JOURNAL 44 (1997)
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Completing the Admissibility Equation: Justices May Fill the Gap in Daubert Test of Scientific Evidence, 83 no.9 AMERICAN BAR ASSOCIATION JOURNAL 44 (1997).
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Moment of Truth: Justices May Settle Admissibility of Lie Detector Tests Once and for All, 83 no.8 AMERICAN BAR ASSOCIATION JOURNAL 38 (1997).
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The Insider Story: Rules Against Trading Stocks, Other Securities with Confidential Information May Broaden, 83 no.6 AMERICAN BAR ASSOCIATION JOURNAL 44 (1997).
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The Court Logs On: Decency Act Decision Might Change the Nature of the Internet, 83 no.5 AMERICAN BAR ASSOCIATION JOURNAL 42 (1997).
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Perspectives on the Rand Report: The Dialogue Continues, 3 No.4 DISPUTE RESOLUTION MAGAZINE 3 (1997)
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Police Under the Gun: Search and Seizure on the Docket Amid Tensions Over Police Conduct, 82 no.6 AMERICAN BAR ASSOCIATION JOURNAL 44 (1996)
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Family Fundamentals: Justices Tackle a Child Custody Case With More Than Parental Rights at Stake, 82 no.12 AMERICAN BAR ASSOCIATION JOURNAL 40 (1996)
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Re-Tailoring Jury Trial Rights: Dry-Cleaning Patent Case Raises Larger Seventh Amendment Issues, 82 no.2 AMERICAN BAR ASSOCIATION JOURNAL 42 (1996)
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Heading Back to the Thicket: Voting District Cases Pose Politically and Racially Charged Questions, 82 no.1 AMERICAN BAR ASSOCIATION JOURNAL 40 (1996)
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In Pursuit of Health: With More Patients Suing HMOs for Denial of Treatment, Lawyers are Exploring New Ground in Going Up Against the Managed-Care Giants, 82 no.10 AMERICAN BAR ASSOCIATION JOURNAL 54 (1996)
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The Lawyer Turns Peacemaker, 82 no.8 AMERICAN BAR ASSOCIATION JOURNAL 54 (1996)
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If the Punishment Fits: Doctored BMW Paint Job Returns Punitive Damages Issue to the Court, 81 no.11 AMERICAN BAR ASSOCIATION JOURNAL 54 (1995).
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One Crime, Two Punishments: Asset Forfeiture Cases Offer Chance to Sort Out Double Jeopardy Issues, 81 no.12 AMERICAN BAR ASSOCIATION JOURNAL 38 (1995).
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Suing the Firm, 81 no.12 AMERICAN BAR ASSOCIATION JOURNAL 68 (1995).
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The New Federalism, 81 no.4 AMERICAN BAR ASSOCIATION JOURNAL 76 (1995).
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The Case of a Lifetime, 80 no.4 AMERICAN BAR ASSOCIATION JOURNAL 46 (1994)
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Justice Defined: The Blackmun Legacy, 80 no.7 AMERICAN BAR ASSOCIATION JOURNAL 46 (1994)
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The Dark Side of ADR, 14 CALIFORNIA LAWYER 53 (1994)
What’s New in Intellectual Property, 79 no.1 AMERICAN BAR ASSOCIATION JOURNAL 72 (1993)
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Man in the Middle: Justice Anthony Kennedy, 12 CALIFORNIA LAWYER 34 (1992)
Uniform Laws and Model Acts
(Reporter) Uniform Mediation Act, (NCCUSL 2001)
Working Papers
The Dirty Little Secret of Legal Negotiation: Confidentiality Under Federal Rule 408 and Related State Laws, University of Missouri School of Law Legal Studies Research Paper No. 2014-25 (2014)
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