Stephen Ware
- Frank Edwards Tyler Distinguished Professor
Contact Info
Teaching —
Teaching interests:
- Alternative Dispute Resolution, Bankruptcy, Contracts, Commercial, Consumer, Secured Transactions
Selected Publications —
Books
ARBITRATION (Foundation Press University Casebook Series, 4th edition, 2020) (with Alan Scott Rau).
Teacher’s Manual to Arbitration (Foundation Press University Casebook Series, 4th edition, 2020) (with Alan Scott Rau).
PRINCIPLES OF ARBITRATION LAW (West Concise Hornbook Series 2017) (with Ariana Levinson).
PRINCIPLES OF ALTERNATIVE DISPUTE RESOLUTION (West Concise Hornbook Series, 3d edition 2016).
ARBITRATION LAW IN AMERICA: A CRITICAL ASSESSMENT (Cambridge University Press 2006) (with Edward Brunet, Richard Speidel & Jean Sternlight).
Law Review Articles
Arbitration Agreements as Executory Contracts in Bankruptcy After Mission Prod. Holdings, Inc. v. Tempnology, LLC, 96 AM. BANKR. L. J. 769 (2023).
The Centrist Case for Enforcing Adhesive Arbitration Agreements, 23 HARVARD NEGOTIATION LAW REVIEW 29 (2017).
The Politics of Arbitration Law and Centrist Proposals for Reform, 53 HARVARD J. ON LEGISLATION 711 (2016).
Debt, Poverty, and Personal “Financial Distress”, 89 AM. BANKR. L. J. 493 (2015).
Is Adjudication a Public Good?: “Overcrowded Courts” and the Private-Sector Alternative of Arbitration, 14 CARDOZO J. CONFLICT RESOL. 899 (2013).
Originalism, Balanced Legal Realism and Judicial Selection: A Case Study, 22 KAN. J. L. & PUB. POL’Y 165 (2013).
Why Do Businesses Use (or Not Use) Arbitration Clauses?, 25 OHIO ST. J. ON DISP RESOL. 433 (2010) (with Christopher R. Drahozal).
Bankruptcy Law’s Treatment of Creditors’ Jury-Trial and Arbitration Rights, 17 AM. BANKR. INST. L. REV. 479 (2009) (symposium article).
The Missouri Plan in National Perspective, 74 MO. L. REV. 751 (2009) (symposium article).
Arbitration Law’s Separability Doctrine After Buckeye Check Cashing Inc. v. Cardegna, 8 NEV. L. J. 107 (2007) (symposium article).
Arbitration Clauses, Jury-Waiver Clauses and Other Contractual Waivers of Constitutional Rights, 67 LAW & CONTEMP. PROBS. 167 (2004) (symposium article).
Money, Politics and Judicial Decisions: A Case Study of Arbitration Law in Alabama, 15 J.L. & POL. 645 (1999), reprinted in, 30 CAP. U. L. REV. 583 (2002).
Default Rules from Mandatory Rules: Privatizing Law Through Arbitration, 83 MINN. L. REV. 703 (1999).
A Critique of the Reasonable Expectations Doctrine, 56 U. CHI. L. REV. 1461 (1989), reprinted in, 4 NAT'L INS. L. REV. 339 (1990).
Selected Presentations —
National Conference of Bankruptcy Judges Annual Conference, Orlando, FL, Oct. 20, 2022.
Topic: Arbitration Agreements as Executory Contracts in Bankruptcy.
Co-presenters: University of Chicago Professor Anthony Casey, University of Illinois Professor Bob Lawless, University of Oklahoma Professor Kara Bruce.
Judicial Symposium on Civil Justice Issues, Law & Economics Center, George Mason University, Arlington, VA, Oct. 11, 2022.
Topic: Arbitration.
Penn State University, Arbitration Symposium, Feb. 12, 2020.
Co-presenters: University of Michigan Professor Theodore J. St. Antoine, Pace University Professor Jill Gross, and Ohio Northern U. Professor Richard Bales.
Dole Institute of Politics, April 25, 2019.
Topic: Political Polarization and the Supreme Court.
Co-presenter: Lee Epstein, Ethan A.H. Shepley Distinguished University Professor at Washington University.
Florida Bar Annual Convention, Constitution Revision Commission and Florida’s Judiciary Presidential Showcase seminar, June 22, 2017.
Co-presenters: Vanderbilt University Law Professor Brian Fitzpatrick, University of Pittsburgh Professor of Political Science Chris Bonneau, former Florida Supreme Court Justice Charles Wells, former Speaker of the Florida House of Representatives Dean Cannon, Richard Levenstein.
Bahçeşehir Üniversitesi, Istanbul, Turkey, August 1, 2016.
Topic: Criminal and Civil Negotiation and Mediation.
University of Chicago Institute of Politics, Feb. 18, 2016.
Topic: Justice Scalia’s legacy.
Co-presenters: University of Chicago Law School Professors Geoff Stone, William Baude, & Gerald Rosenberg.
Association of American Law Schools, annual meeting, Jan. 9, 2016.
Panel presentation. Topic: How to Get the Most Out of the AALS.
Co-presenters: American University Law Professor David Snyder, University of Alabama Law Professor Ron Krotoszynski.
Consumer Financial Protection Bureau, Oct. 7, 2015.
Panel presentation. Topic: consumer arbitration.
University of Maryland, Carey School of Law, Nov. 2, 2012.
Academic symposium. Topic: arbitration.
Resulted in publication of Is Adjudication a Public Good?: “Overcrowded Courts” and the Private-Sector Alternative of Arbitration, 14 CARDOZO J. CONFLICT RESOL. 899 (2013).
University of Limerick, Ireland, Nov. 5, 2011.
Academic symposium. Topic: debtor-creditor law.
Co-presenters: Eoin Quill, University of Limerick, and Jason Harris, University of Technology, Sydney, Australia.
Resulted in publication of Stephen J. Ware, An Overview of Bankruptcy Law in the United States, 9 INT’L CORP. RESCUE 320 (2012).
American Constitution Society, Washington, DC, Oct. 19, 2010.
Topic: arbitration.
Co-presenters: Georgetown University Law Professor Nina Pillard and Catholic University Law Professor Suzette Malveaux.
University of Nevada, Boyd School of Law, Feb. 13, 2010.
Academic symposium. Topic: bankruptcy law and arbitration.
Resulted in publication of Stephen J. Ware, Similarities Between Arbitration and Bankruptcy Litigation, 11 Nev. L. J. 436 (2011).
St. John’s University School of Law, Oct. 2, 2009.
Academic symposium. Topic: bankruptcy law and arbitration.
Resulted in publication of Stephen J. Ware, Bankruptcy Law's Treatment of Creditors' Jury-Trial and Arbitration Rights, 17 Am. Bankr. Inst. L. Rev. 479 (2009).
University of Missouri School of Law, Feb. 27, 2009.
Academic symposium. Topic: judicial selection.
Resulted in publication of Stephen J. Ware, The Missouri Plan in National Perspective, 74 MO. L. REV. 751 (2009).
Vanderbilt University Law School, Feb. 8, 2008.
Faculty research conference. Topic: arbitration.
University of Cincinnati College of Law, March 30, 2007.
Academic symposium. Topic: securities arbitration.
Resulted in publication of Stephen J. Ware, What Makes Securities Arbitration Different from Other Consumer and Employment Arbitration? 76 U. CIN. L. REV. 447 (2008).
Duke University School of Law, Oct. 4, 2002. Academic symposium.
Topic: arbitration.
Resulted in publication of Arbitration Clauses, Jury-Waiver Clauses and Other Contractual Waivers of Constitutional Rights, 67 LAW & CONTEMP. PROBS. 167 (2004).
Yale Law School, April 22, 2002.
Guest teaching with Professor Jennifer Brown. Topic: arbitration.
University of Miami School of Law, Mar. 2, 2002.
Academic symposium. Topic: arbitration.
Resulted in publication of Consumer and Employment Arbitration Law in Comparative Perspective: The Importance of the Civil Jury, 56 U. MIAMI L. REV. 865 (2002).
Lewis & Clark College, Northwestern School of Law, Oct. 5, 2001.
Academic symposium. Topic: resolution of domain-name disputes.
Resulted in publication of Domain-Name Arbitration in the Arbitration-Law Context: Consent to, and Fairness in, the UDRP, 6 J. SMALL & EMERGING BUS. L. 129 (2002).
The Ohio State University, November 11, 1999.
Academic symposium. Topic: ADR in cyberspace.
Resulted in publication of Stephen J. Ware & Sarah Rudolph Cole, ADR in Cyberspace, 15 OHIO ST. J. ON DISP. RESOL. 589 (2000).