Amy J. Schmitz

University of Missouri School of Law

Elwood L. Thomas Missouri Endowed Professor of Law

Missouri Avenue & Conley Avenue

Columbia, MO MO 65211

United States

SCHOLARLY PAPERS

45

DOWNLOADS
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Top 8,323

in Total Papers Downloads

5,847

SSRN CITATIONS
Rank 36,232

SSRN RANKINGS

Top 36,232

in Total Papers Citations

9

CROSSREF CITATIONS

9

Ideas:
“  exploring AI, data analytics and the law, including the utility of blockchain; smart contract dispute resolution; connecting ethics to action in online dispute resolution; exploring e-courts to expand access to justice; system design and best practices for technology in dispute resolution; arbitration in the age of Covid, and more  ”

Scholarly Papers (45)

1.

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 J. Schmitz
University of Missouri School of Law
Downloads 568 (50,952)

Abstract:

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arbitration, privacy, confidentiality, transparency

2.

Online Dispute Resolution for Smart Contracts

2019 Journal of Dispute Resolution 103, University of Missouri School of Law Legal Studies Research Paper No. 2019-11
Number of pages: 24 Posted: 27 Jun 2019
Amy J. Schmitz and Colin Rule
University of Missouri School of Law and Modria
Downloads 372 (85,322)
Citation 3

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dispute resolution, online dispute resolution, online, dispute, resolution, blockchain, cryptocurrencies, smart contracts, technology, AI, bots

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 J. Schmitz
University of Missouri School of Law
Downloads 323 (100,068)

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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 J. Schmitz
University of Missouri School of Law
Downloads 304 (106,966)
Citation 1

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

5.

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 J. Schmitz
University of Missouri School of Law
Downloads 264 (124,688)

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

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 J. Schmitz
University of Missouri School of Law
Downloads 135 (228,566)

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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 J. Schmitz
University of Missouri School of Law
Downloads 88 (310,043)

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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

7.

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 J. Schmitz
University of Missouri School of Law
Downloads 203 (160,607)

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

8.

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 J. Schmitz and Colin Rule
University of Missouri School of Law and Modria
Downloads 185 (174,848)

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

9.

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 J. Schmitz
University of Missouri School of Law
Downloads 174 (185,545)
Citation 1

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

10.

Expanding Access to Remedies Through E-Court Initiatives

67 Buffalo Law Review 89 (2019), University of Missouri School of Law Legal Studies Research Paper No. 2019-07
Number of pages: 76 Posted: 18 Apr 2019
Amy J. Schmitz
University of Missouri School of Law
Downloads 173 (185,545)

Abstract:

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ODR, Consumers, AI, artificial intelligence, public dispute, Online Dispute Resolution, Dispute Resolution, Merchant, eCommerce, Payments, Systems, Design, Arbitration online, arbitration, dispute, business-to-consumer, B2C, F2F, face-to-face, OArb, access, justice, consumers, ODR, merchant, global

11.

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 J. Schmitz
University of Missouri School of Law
Downloads 171 (187,329)

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

12.

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 J. Schmitz
University of Missouri School of Law
Downloads 165 (193,208)
Citation 1

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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

13.

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 J. Schmitz and Colin Rule
University of Missouri School of Law and Modria
Downloads 161 (197,384)

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

14.

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 J. Schmitz
University of Missouri School of Law
Downloads 153 (206,008)

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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.

Blockchain Can Empower Stateless Refugees

Law360 Perspectives, December 2, 2018, University of Missouri School of Law Legal Studies Research Paper No. 2018-36
Number of pages: 10 Posted: 07 Dec 2018
Amy J. Schmitz and Jeffrey M. Aresty
University of Missouri School of Law and Independent
Downloads 142 (218,896)

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Blockchain, refugees, identify, stateless

16.

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 J. Schmitz
University of Missouri School of Law
Downloads 141 (220,143)

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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

17.

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 J. Schmitz
University of Missouri School of Law
Downloads 133 (230,646)

Abstract:

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

18.

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 J. Schmitz
University of Missouri School of Law
Downloads 115 (257,171)

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

19.

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 J. Schmitz
University of Missouri School of Law
Downloads 112 (262,060)

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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

20.

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 J. Schmitz
University of Missouri School of Law
Downloads 112 (262,060)
Citation 1

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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

21.

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 J. Schmitz
University of Missouri School of Law
Downloads 107 (270,636)
Citation 1

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

22.

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 J. Schmitz
University of Missouri School of Law
Downloads 105 (274,165)

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

23.

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 J. Schmitz
University of Missouri School of Law
Downloads 104 (276,008)

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consumer arbitration, professional conduct, ethics

24.

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 J. Schmitz
University of Missouri School of Law
Downloads 99 (285,364)

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

25.

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 J. Schmitz
University of Missouri School of Law
Downloads 90 (303,200)

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

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 J. Schmitz
University of Missouri School of Law
Downloads 84 (316,542)

Abstract:

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

27.

Dangers of Digitizing Due Process

Draft to be Edited and Included in Published Proceedings with Cyberjustice Laboratory, University of Missouri School of Law Legal Studies Research Paper No. 2020-01
Number of pages: 27 Posted: 27 Jan 2020
Amy J. Schmitz
University of Missouri School of Law
Downloads 81 (323,609)

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ADR, Technology, ODR, Online Dispute Resolution, Access to Justice, A2J, eCourts, Law & Technology, Dispute Resolution, Due Process, AI, Artificial Intelligence, Digitization

28.

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 J. Schmitz
University of Missouri School of Law
Downloads 81 (323,609)

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

29.

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 J. Schmitz
University of Missouri School of Law
Downloads 80 (325,963)

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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

30.

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 J. Schmitz
University of Missouri School of Law
Downloads 79 (328,304)

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

31.

Beneficial and Ethical ODR for Family Issues

Family Court Review, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2020-11
Number of pages: 24 Posted: 27 Mar 2020
Amy J. Schmitz and Leah Wing
University of Missouri School of Law and Legal Studies Program, Department of Political Science, U. of Massachusetts Amherst
Downloads 76 (335,851)

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ODR, Online Dispute Resolution, family law, family, ethics, fairness, due process, law and technology

32.

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 J. Schmitz
University of Missouri School of Law
Downloads 76 (335,851)

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

33.

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 J. Schmitz
University of Missouri School of Law
Downloads 73 (343,571)

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HUD, manufactured housing, affordable housing, consumer protection

34.

Reviving the 'New Handshake' in the Wake of Epidemics

University of Missouri School of Law Legal Studies Research Paper No. 2020-10
Number of pages: 19 Posted: 16 Mar 2020 Last Revised: 23 Mar 2020
Amy J. Schmitz
University of Missouri School of Law
Downloads 69 (354,381)

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Covid-19, ODR, access to justice, A2J, Online Dispute Resolution, dispute resolution, consumer, ecommerce, e-commerce, Zoom, telemedicine, handshake, Rule, remedies

35.

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)

U of Texas Law, Public Law Research Paper, Indiana Legal Studies Research Paper No. 403
Number of pages: 23 Posted: 27 Jun 2018 Last Revised: 08 Nov 2018
Pamela Foohey, Angela K. Littwin and Amy J. Schmitz
Indiana University Maurer School of Law, University of Texas School of Law and University of Missouri School of Law
Downloads 68 (357,273)

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

36.

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 J. Schmitz
University of Missouri School of Law
Downloads 66 (362,840)

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

37.

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 J. Schmitz
University of Missouri School of Law
Downloads 58 (387,117)

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

38.

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 J. Schmitz
University of Missouri School of Law
Downloads 57 (390,446)

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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

39.

ODR Providers Operating in the U.S.

Schmitz, A. and Martinez, J., ODR Providers Operating in the U.S. to be included in their book chapter, ODR in the United States, in Online Dispute Resolution: Theory and Practice: A Treatise on Technology and Dispute Resolution (Mohamed S. Abdel Wahab, Ethan Katsh and Daniel Rainey Eds. 2020)., University of Missouri School of Law Legal Studies Research Paper No. 2020-14
Number of pages: 10 Posted: 13 May 2020 Last Revised: 18 May 2020
Amy J. Schmitz and Janet Martinez
University of Missouri School of Law and Stanford Law School
Downloads 52 (407,186)

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ODR, Online Dispute Resolution, ethics, fairness, due process, law and technology, ADR, Alternative Dispute Resolution, empirical, charts, ADR providers, ODR providers

40.

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 J. Schmitz
University of Missouri School of Law
Downloads 44 (436,631)

Abstract:

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

41.

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 J. Schmitz
University of Missouri School of Law
Downloads 42 (444,647)

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

42.

Measuring 'Access to Justice' in the Rush to Digitize

88 Fordham Law Review 2381 (2020), University of Missouri School of Law Legal Studies Research Paper No. 2020-15
Number of pages: 27 Posted: 19 May 2020
Amy J. Schmitz
University of Missouri School of Law
Downloads 29 (503,840)

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ODR, Online Dispute Resolution, ethics, fairness, due process, law and technology, ADR, Alternative Dispute Resolution, empirical, access to justice, A2J, empirical studies

43.

Resolving a New Kind of Trade War Through ODR

University of Missouri School of Law Legal Studies Research Paper No. 2020-02
Number of pages: 6 Posted: 27 Jan 2020 Last Revised: 09 Feb 2020
Amy J. Schmitz
University of Missouri School of Law
Downloads 23 (538,049)

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smart contracts, ODR, ADR, CMC, computer-mediated-communication, technology, online dispute resolution, blockchain, algorithms, ethereum, code, computer, digitize, design

44.

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 J. Schmitz
University of Missouri School of Law
Downloads 10 (621,803)

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

45.

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
Posted: 01 Nov 2015
Amy J. Schmitz
University of Missouri School of Law

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