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Amy Schmitz

University of Missouri School of Law

Elwood L. Thomas Missouri Endowed Professor of Law

Missouri Avenue & Conley Avenue

Columbia, MO 65211

United States

  • University of Missouri School of Law

    • Email
    • Tel: 573-882-5969
SCHOLARLY PAPERS

36

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CITATIONS
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11

Ideas:
“  using block chain to address legal problems of identity; connecting ethics to action in online dispute resolution; exploring e-courts to expand access to justice; using online dispute resolution to empower ecommerce in emerging economies  ”

  • University of Missouri School of Law

    • Email
    • Tel: 573-882-5969

Scholarly Papers (36)

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1.

Building Trust in E-commerce Through Online Dispute Resolution

John A. Rothchild (ed.), Research Handbook on Electronic Commerce Law, Edward Elgar, 2016, Forthcoming, U of Colorado Law Legal Studies Research Paper No. 15-15
Number of pages: 27 Posted: 01 Nov 2015
Amy Schmitz
University of Missouri School of Law
Downloads 531 (46,530)

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contracts, consumer protection, arbitration, dispute resolution, behavioral economics, law and society, discrimination, contract theory, remedies, e-contracts, sales, consumer contracts, e-Commerce, ADR, ODR, online dispute resolution, international law, UNCITRAL, international dispute resolution

2.

Untangling the Privacy Paradox in Arbitration

Kansas Law Review, Vol. 54, p. 1211, 2006, U of Colorado Law Legal Studies Research Paper No. 08-31
Number of pages: 45 Posted: 19 Nov 2008
Amy Schmitz
University of Missouri School of Law
Downloads 518 (48,007)
Citation 3

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arbitration, privacy, confidentiality, transparency

3.

Access to Consumer Remedies in the Squeaky Wheel System

Pepperdine Law Review, Vol. 39, pp. 279-366, 2012, Colorado Law School Paper No. 12-04
Number of pages: 87 Posted: 19 Mar 2012
Amy Schmitz
University of Missouri School of Law
Downloads 296 (93,375)

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contracts, consumer protection, dispute resolution, ADR, empirical studies, behavioral economics, e-contracts, online contracts, form terms

4.

‘Drive-Thru’ Arbitration in the Digital Age: Empowering Consumers Through Regulated ODR

Baylor Law Review, Vol. 62, p. 178, 2010, U of Colorado Law Legal Studies Research Paper No. 10-18
Number of pages: 68 Posted: 16 Jun 2010
Amy Schmitz
University of Missouri School of Law
Downloads 268 (103,829)
Citation 1

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arbitration, contracts, consumer rights, consumer law, dispute resolution

5.

Consumer Redress in the United States

Downloads 173 (158,645)

Consumer Redress in the United States

THE TRANSFORMATION OF CONSUMER DISPUTE RESOLUTION IN THE EUROPEAN UNION: A RENEWED APPROACH TO CONSUMER PROTECTION, ___ (Oxford Univ. Press, 2016, Forthcoming), U of Colorado Law Legal Studies Research Paper No. 15-16
Number of pages: 33 Posted: 26 Nov 2015
Amy Schmitz
University of Missouri School of Law
Downloads 116 (220,483)

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Arbitration,ADR,ODR,Consumer Redress,Complaint Handling,Small Claims Key,contracts,consumer protection,dispute resolution,law and society,remedies,e-contracts,sales,consumer contracts,e-Commerce,ADR,ODR,online dispute resolution,international law,UNCITRAL,international dispute resolution

Consumer Redress in the United States

The New Regulatory Framework For Consumer Dispute Resolution, 325-350 (Oxford Univ. Press 2016), University of Missouri School of Law Legal Studies Research Paper No. 2017-10
Number of pages: 33 Posted: 13 Mar 2017
Amy Schmitz
University of Missouri School of Law
Downloads 57 (341,753)

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Arbitration, ADR, ODR, Consumer Redress, Complaint Handling, Small ClaimsKey Words: contracts, consumer protection, dispute resolution, law and society, remedies, e-contracts, sales, consumer contracts, e-Commerce, ADR, ODR, online dispute resolution, international law, UNCITRAL, international disp

6.

Pizza-Box Contracts: True Tales of Consumer Contracting Culture

Wake Forest Law Review, pp. 863-901, 2010, U of Colorado Law Legal Studies Research Paper No. 11-10
Number of pages: 40 Posted: 13 May 2011
Amy Schmitz
University of Missouri School of Law
Downloads 162 (167,984)

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arbitration, confidentiality, dispute resolution, contracts, Federal Arbitration Act, ADR

7.

Secret Consumer Scores and Segmentations: Separating Consumer 'Haves' from 'Have-Nots'

Michigan State Law Review, p. 1411, 2014, U of Colorado Law Legal Studies Research Paper No. 15-6
Number of pages: 65 Posted: 13 Jun 2015
Amy Schmitz
University of Missouri School of Law
Downloads 146 (183,326)

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contracts, consumer protection, e-contracts, consumer contracts, Big Data, data privacy, data protection, FCRA, debt, Fair Credit Reporting Act, discrimination, consumer rights, consumer law, privacy, marketing

8.

Sex Matters: Considering Gender in Consumer Contracts

Cardozo Journal of Law & Gender, Vol. 19, pp. 437-509, 2013, U of Colorado Law Legal Studies Research Paper No. 13-5
Number of pages: 74 Posted: 16 May 2013
Amy Schmitz
University of Missouri School of Law
Downloads 140 (189,729)

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contracts, consumer protection, empirical studies, behavioral economics, law and society, gender, discrimination, contract theory, remedies, e-contracts, sales, debt, financial education, consumer contracts, financial literacy

9.

Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms

Harvard Negotiation Law Review, Vol. 15, No. 115, 2010, U of Colorado Law Legal Studies Research Paper No. 10-19
Number of pages: 81 Posted: 16 Jun 2010
Amy Schmitz
University of Missouri School of Law
Downloads 130 (201,288)
Citation 1

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arbitration, contracts, consumer rights, consumer law, dispute resolution

10.

American Exceptionalism in Consumer Arbitration

Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013, U of Colorado Law Legal Studies Research Paper No. 13-7
Number of pages: 25 Posted: 16 May 2013
Amy Schmitz
University of Missouri School of Law
Downloads 120 (214,100)

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contracts, arbitration, international arbitration, European Union, comparative law, consumer protection, dispute resolution, ADR, ODR, online dispute resolution, e-contracts, international law, UNCITRAL, consumer contracts

11.

Remedy Realities in Business-to-Consumer Contracting

58 Arizona Law Review 213 (2016), University of Missouri School of Law Legal Studies Research Paper No. 2016-10
Number of pages: 50 Posted: 10 Jun 2016
Amy Schmitz
University of Missouri School of Law
Downloads 117 (219,472)

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consumer, contracts, contracting, remedy, business, Braucher, B2C, online, dispute, ODR, remedies

12.

Curing Consumer Warranty Woes Through Regulated Arbitration

Ohio State Journal on Dispute Resolution, Vol. 23, No. 627, 2007-2008, U of Colorado Law Legal Studies Research Paper No. 08-23
Number of pages: 61 Posted: 21 Sep 2008
Amy Schmitz
University of Missouri School of Law
Downloads 113 (223,734)

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contract, consumer, dispute resolution, consumer law, commercial law, arbitration, statutory remedies, warranty remedies, Magnuson-Moss Warranty Act, MMWA

13.

Consideration of 'Contracting Culture' in Enforcing Arbitration Provisions

St. John's Law Review, Vol. 81, pp. 123-172, 2007, U of Colorado Law Legal Studies Research Paper No. 08-25
Number of pages: 51 Posted: 21 Sep 2008
Amy Schmitz
University of Missouri School of Law
Downloads 110 (228,106)
Citation 2

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contract, consumer, dispute resolution, consumer law, commercial law, arbitration, pre-dispute arbitration provisions, form arbitration provisions, Federal Arbitration Act, contracting culture, fairness

14.

Females on the Fringe: Considering Gender in Payday Lending Policy

Chicago-Kent Law Review, Vol. 89, Iss. 1, 2014, U of Colorado Law Legal Studies Research Paper No. 14-1
Number of pages: 49 Posted: 23 Jan 2014
Amy Schmitz
University of Missouri School of Law
Downloads 101 (242,149)

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contracts, consumer protection, empirical studies, behavioral economics, law and society, gender, discrimination, contract theory, remedies, e-contracts, sales, debt, financial education, consumer contracts, financial literacy

15.

Ethical Considerations in Drafting and Enforcing Consumer Arbitration Clauses

South Texas Law Review, Vol. 49, No. 841, 2008, U of Colorado Law Legal Studies Research Paper No. 08-32
Number of pages: 39 Posted: 23 Nov 2008
Amy Schmitz
University of Missouri School of Law
Downloads 101 (242,149)

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consumer arbitration, professional conduct, ethics

16.

Ending a Mud Bowl: Defining Arbitration's Finality Through Functional Analysis

Georgia Law Review, Vol. 37, pp. 123-204, 2002, U of Colorado Law Legal Studies Research Paper No. 06-41
Number of pages: 82 Posted: 09 Nov 2006
Amy Schmitz
University of Missouri School of Law
Downloads 99 (245,598)
Citation 1

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ADR, arbitration, dispute resolution, contracts, equity, mediation, contracts to bargain, negotiation, Federal Arbitration Act, Uniform Arbitration Act

17.

There's an 'App' for That: Developing Online Dispute Resolution to Empower Economic Development

Notre Dame Journal of Law, Ethics and Public Policy, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2018-06
Number of pages: 41 Posted: 16 Jan 2018
Amy Schmitz
University of Missouri School of Law
Downloads 96 (250,633)

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ODR, online dispute resolution, remedies, e-commerce, consumer, consumers, B2C, cross border, business-to-consumer

18.

Embracing Unconscionability's Safety Net Function

Alabama Law Review, Vol. 58, No. 73, 2006-2007, U of Colorado Law Legal Studies Research Paper No. 08-24
Number of pages: 47 Posted: 21 Sep 2008
Amy Schmitz
University of Missouri School of Law
Downloads 96 (252,324)
Citation 2

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unconscionability, formalism, contractual unfairness, contract, consumer, dispute resolution, consumer law, commercial law, arbitration

19.

Confronting ADR Agreements' Contract/No-Contract Conundrum with Good Faith

DePaul Law Review, Vol. 56, p. 55, 2006, U of Colorado Law Legal Studies Research Paper No. 08-16
Number of pages: 53 Posted: 07 Sep 2008
Amy Schmitz
University of Missouri School of Law
Downloads 95 (252,324)

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ADR, dispute resolution, contracts, good faith, mediation, contracts to bargain

20.

A Blueprint for Online Dispute Resolution System Design

Journal of Internet Law, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2018-07
Number of pages: 20 Posted: 16 Jan 2018
Amy Schmitz
University of Missouri School of Law
Downloads 93 (255,791)

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Consumers, ODR, Online Dispute Resolution, Dispute Resolution, Merchant, eCommerce, Payments, Systems, Design, Arbitration

21.

Dangers of Deference to Form Arbitration Provisions

Nevada Law Journal, Vol. 9, pp. 37-57, 2007, U of Colorado Law Legal Studies Research Paper No. 08-17
Number of pages: 22 Posted: 07 Sep 2008
Amy Schmitz
University of Missouri School of Law
Downloads 86 (268,719)

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Contracts, Arbitration, Federal Arbitration Act, ADR, Procedure, Empirical Studies, Law and Society, Law and Culture

22.

The New Handshake: Where We Are Now

International Journal of Online Dispute Resolution 2016 (3) 2, University of Missouri School of Law Legal Studies Research Paper No. 2017-18
Number of pages: 19 Posted: 28 Jun 2017
Amy Schmitz and Colin Rule
University of Missouri School of Law and Modria
Downloads 81 (278,725)

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consumers, consumer protection, online dispute resolution (ODR), remedies, e-commerce

23.

Refreshing Contractual Analysis of ADR Agreements by Curing Bipolar Avoidance of Modern Common Law

Harvard Negotiation Law Review, Vol. 9, No. 1, 2004, U of Colorado Law Legal Studies Research Paper No. 08-26
Number of pages: 75 Posted: 21 Sep 2008
Amy Schmitz
University of Missouri School of Law
Downloads 77 (287,139)

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contract, consumer, dispute resolution, consumer law, commercial law, arbitration, Federal Arbitration Act, ADR agreement

24.

Arbitration Ambush in a Policy Polemic

Penn State Yearbook on Arbitration and Mediation, Vol. 3, p. 52, 2011, U of Colorado Law Legal Studies Research Paper No. 11-15
Number of pages: 42 Posted: 06 Oct 2011
Amy Schmitz
University of Missouri School of Law
Downloads 75 (291,673)

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contracts, arbitration, dispute resolution, consumer law, e-contracts, online contracts, form terms, ADR, Federal Arbitration Act

25.

Introducing the 'New Handshake' to Expand Remedies and Revive Responsibility in ECommerce

26 University of St. Thomas Law Review 522-550 (2014), U of Colorado Law Legal Studies Research Paper No. 15-7
Number of pages: 30 Posted: 14 Jun 2015
Amy Schmitz
University of Missouri School of Law
Downloads 74 (293,871)

Abstract:

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contracts, consumer protection, arbitration, dispute resolution, behavioral economics, law and society, discrimination, contract theory, remedies, e-contracts, sales, consumer contracts, e-Commerce, ADR, ODR, online dispute resolution, international law, UNCITRAL, international dispute resolution

26.

Assuming Silence in Arbitration

New Jersey Lawyer, p. 269, April 2011, U of Colorado Law Legal Studies Research Paper No. 11-09
Number of pages: 6 Posted: 14 May 2011
Amy Schmitz
University of Missouri School of Law
Downloads 74 (293,871)

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arbitration, confidentiality, dispute resolution, ADR, contracts, Federal Arbitration Act

27.

Regulation Rash? Questioning the AFA's Approach for Protecting Arbitration Fairness

Banking & Financial Services Pol'y Rep, Vol. 28, No. 10, pp. 16-35, 2009, U of Colorado Law Legal Studies Research Paper No. 10-02
Number of pages: 20 Posted: 06 Feb 2010 Last Revised: 16 Jun 2010
Amy Schmitz
University of Missouri School of Law
Downloads 73 (296,154)

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Arbitration, Contracts, Consumer Rights, Consumer Law, Dispute Resolution

28.

Promoting the Promise - Manufactured Homes Provide for Affordable Housing

U of Colorado Law Legal Studies Research Paper No. 06-40, Journal of Affordable Housing and Community Development Law, Vol. 13, No. 3, 2004
Number of pages: 34 Posted: 08 Nov 2006
Amy Schmitz
University of Missouri School of Law
Downloads 72 (298,478)

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HUD, manufactured housing, affordable housing, consumer protection

29.

Nonconsensual Nonbinding = Nonsensical? Reconsidering Court-Connected Arbitration Programs

Cardozo Journal of Conflict Resolution, Vol. 10, pp. 587-625, 2009, U of Colorado Law Legal Studies Research Paper No. 10-01
Number of pages: 41 Posted: 06 Feb 2010 Last Revised: 11 Feb 2013
Amy Schmitz
University of Missouri School of Law
Downloads 62 (323,278)

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arbitration, contracts, consumer rights, consumer law, dispute resolution

30.

Lessons Learned on Ebay

Amy J. Schmitz and Colin Rule, THE NEW HANDSHAKE: ONLINE DISPUTE RESOLUTION AND THE FUTURE OF CONSUMER PROTECTION, Chapter 3, Lessons Learned on EBay, pp. 33 - 46 (American Bar Association Section on Dispute Resolution 2017)(Prepublication Draft), University of Missouri School of Law Legal Studies Research Paper No. 2018-08
Number of pages: 15 Posted: 22 Jan 2018
Amy Schmitz and Colin Rule
University of Missouri School of Law and Modria
Downloads 58 (351,778)

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consumer, consumer protection, online dispute resolution, ODR, remedies, ecommerce, eBay, handshake

31.

Mobile Home Mania? Protecting Procedurally Fair Arbitration in a Consumer Microcosm

Ohio State Journal on Dispute Resolution, Vol. 20, No. 2, 2005, U of Colorado Law Legal Studies Research Paper No. 06-43
Number of pages: 84 Posted: 16 Nov 2006
Amy Schmitz
University of Missouri School of Law
Downloads 57 (336,862)
Citation 1

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arbitration, consumer protection, warranties, manufactured housing, dispute resolution

32.

Building Bridges to Consumer Remedies in International eConflicts

Arkansas Law Review, Vol. 34, No. 4, p. 779, 2012, U of Colorado Law Legal Studies Research Paper No. 13-6
Number of pages: 18 Posted: 08 Jan 2015
Amy Schmitz
University of Missouri School of Law
Downloads 50 (357,890)

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contracts, arbitration, international arbitration, European Union, comparative law, consumer protection, dispute resolution, ADR, ODR, online dispute resolution, e-contracts, international law, UNCITRAL, consumer contracts

33.

Ensuring Remedies to Cure Cramming

14 Cardozo J. of Conflict Resolution 877-97 (2013), U of Colorado Law Legal Studies Research Paper No. 13-12
Number of pages: 23 Posted: 02 Jul 2013
Amy Schmitz
University of Missouri School of Law
Downloads 39 (394,987)

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contracts, arbitration, consumer protection, dispute resolution, ADR, ODR, online dispute resolution, e-contracts, consumer contracts

34.

Comments of Financial Regulation and Consumer Protection Scholars, and Former Regulators on CFPB's RFI Regarding Bureau Public Reporting Practices of Consumer Complaint Information (Docket No. CFPB-2018-0006)

Number of pages: 23 Posted: 27 Jun 2018
Pamela Foohey, Angela K. Littwin and Amy Schmitz
Indiana University Maurer School of Law, University of Texas School of Law and University of Missouri School of Law
Downloads 36 (422,630)

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Consumer Financial Protection Bureau, CFPB, consumer law, consumer protection, consumer complaints, consumer complaint database

35.

Building on OArb Attributes in Pursuit of Justice

in: Arbitration in the Digital Age: The Brave New World of Arbitration, edited by Maud Piers, Christian Aschauer, Karl-Franzens, © Cambridge University Press, January 2018, ISBN: 9781108417907 , University of Missouri School of Law Legal Studies Research Paper No. 2018-10
Number of pages: 26 Posted: 06 Feb 2018 Last Revised: 08 Feb 2018
Amy Schmitz
University of Missouri School of Law
Downloads 16 (503,632)

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online, arbitration, dispute, business-to-consumer, B2C, F2F, face-to-face, OArb, access, justice, consumers, ODR, merchant, global

36.

Providing an Escape for Inner-City Children: Creating a Federal Remedy for Educational Ills of Poor Urban Schools

78 Minnesota Law Review 1639 (1994), University of Missouri School of Law Legal Studies Research Paper No. 2018-26
Number of pages: 35 Posted: 02 Jul 2018
Amy Schmitz
University of Missouri School of Law
Downloads 2 (582,107)

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children, inner-city, schools, urban, children, remedy, impoverished, vocational, educational