Table of Contents

Evolution and Emerging Issues in Consumer Online Dispute Resolution (ODR)

Amy J. Schmitz, Ohio State University Moritz College of Law, Cyberjustice Lab

The Global Governance of the Internet

Duncan B. Hollis, Temple University - James E. Beasley School of Law
Kal Raustiala, University of California, Los Angeles (UCLA) - School of Law


"Evolution and Emerging Issues in Consumer Online Dispute Resolution (ODR)" Free Download
Ohio State Legal Studies Research Paper No. 714, so be edited and published as Amy J. Schmitz, Evolution and Emerging Issues in Consumer ODR, THE CAMBRIDGE HANDBOOK ON (Cambridge 2022, Edited by Nancy Kim).

AMY J. SCHMITZ, Ohio State University Moritz College of Law, Cyberjustice Lab

Recent years have seen new technologies disrupt many established industries and institutions, continually testing our imaginations and expectations. Accordingly, it is no surprise that technology is disrupting the law. Moreover, the Covid-19 pandemic generated new disputes and a need for expanded access to online means for resolving those disputes, especially for consumers. As a result, lawyers, judges, software developers, and policymakers have been exploring ways to utilize technology in expanding access to the courts and dispute resolution. With this in mind, scholars and policymakers have argued for “online dispute resolution” (ODR) to expand access to justice (A2J). This chapter discusses evolution of ODR in recent years, as well as emerging issues in ODR that deserve attention in order to craft ODR that lives up to the promise in advancing A2J.

"The Global Governance of the Internet" Free Download
in Duncan Snidal & Michael N. Barnnett (eds.), The Oxford Handbook of International Institutions (OUP, Forthcoming 2023)

DUNCAN B. HOLLIS, Temple University - James E. Beasley School of Law
KAL RAUSTIALA, University of California, Los Angeles (UCLA) - School of Law

This essay surveys Internet governance as an international institution. We focus on three key aspects of information and communication technologies. First, we highlight how, unlike natural commons such as sea or space, digital governance involves a socio-technical system with a man-made architecture reflecting particular and contingent technological choices. Second, we explore how private actors historically played a significant role in making such choices, leading to the rise of existing “multistakeholder” governance frameworks. Third, we examine how these multistakeholder structures favored by the U.S. and its technology companies have come under increasing pressure from multilateral competitors, particularly those championed by China under the banner of “internet sovereignty,” as well as more modest efforts by the European Union to employ an approach akin to “embedded liberalism” for digital governance. The future of the Internet turns on how what we term these Californian, Chinese, and Carolingian visions of Internet governance compete, evolve, and interact. Thus, this essay characterizes Internet governance as a heterogenous, dynamic, multi-layered set of principles, regimes and institutions—a regime complex—that not only governs cyberspace today, but has adapted and transformed along pathways that may serve as signposts for international institutions that regulate other global governance challenges.


About this eJournal

This area includes content concerning the interaction of formal and informal order. Topics include social and group norms, conventions, customs, customary law, folk law, legal pluralism, private organizational rules, civil society, self-enforcing contracts, informal sanctions (such as gossip, shame, and guilt), self-help (including feuds), and the origins of law and legal institutions.

Editor: Richard H. McAdams, University of Chicago


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