Tag Archives: Recent Scholarship

Could AI Hallucinations Improve Professional Thinking?

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You’re hallucinating if you think AI won’t hallucinate. Reports of fake citations, fabricated quotations, manipulated images, and AI-generated misinformation now appear regularly.  Lawyers using generative AI have submitted fictitious cases in court filings and have been sanctioned. These developments understandably alarm legal and dispute resolution professionals.  They should. My article, The Surprising Value of AI … Continue reading Could AI Hallucinations Improve Professional Thinking? →

I Knew Colin Rule Was Impressive.  But I Didn’t Know the Half of It.

I have known Colin Rule for more than twenty years.  During that time, I knew that he had done a lot of impressive things in ODR and that he’s a real mensch. What I didn’t appreciate until recently was the extraordinary breadth of his work, the depth of his thinking, and how much he has … Continue reading I Knew Colin Rule Was Impressive.  But I Didn’t Know the Half of It. →

Will AI Destroy Institutions?

Here’s a debate about whether generative AI threatens the survival of key civic institutions – followed by a conversation with RPS Coach about these issues that may surprise you. Woodrow Hartzog and Jessica M. Silbey wrote How AI Destroys Institutions.  Here’s the abstract. Civic institutions—the rule of law, universities, and a free press—are the backbone … Continue reading Will AI Destroy Institutions? →

All In on AI in Law School?  A Thoughtful Experiment Worth Watching

Some law professors are banning AI in their courses.  Others are cautiously adding it. At Mitchell Hamline, Gregory Duhl is doing something much more ambitious.  He redesigned his Contracts course by embedding AI throughout the course rather than ignoring it or treating it as a side issue.  Considering Mitchell Hamline’s history of pedagogical innovation, it … Continue reading All In on AI in Law School?  A Thoughtful Experiment Worth Watching →

A New Mosaic of Insights About Conflict

Ken Fox’s new book, Perspectives on Conflict: Insights for Professional and Personal Practice, is a beautifully-written volume that provides a wide-ranging, interdisciplinary look at the nature of conflict.  It invites readers to understand conflict itself and not simply consider how to manage it. The book is organized into three parts.  Part 1 explores foundational concepts.  … Continue reading A New Mosaic of Insights About Conflict →

How Will AI Affect Legal Practice and Education?

That’s the question that Nancy B. Rapoport and Joseph R. Tiano, Jr., discussed in Fighting the Hypothetical:  Why Law Firms Should Rethink the Billable Hour in the Generative AI Era. This article provides a deep analysis, summarized in the abstract (with added blank lines to enhance readability): As the legal profession continues to grasp the … Continue reading How Will AI Affect Legal Practice and Education? →

Teaching with AI: Faculty Reflections and a Preview of Professors’ Dilemma

At the recent AALS ADR Section WIP Conference, I led a focus group to explore how faculty are using – and thinking about using – AI in their courses.  The participants shared a range of thoughtful insights, revealing both enthusiasm and caution.  Their responses offered a snapshot of what experimentation with AI looks like now, … Continue reading Teaching with AI: Faculty Reflections and a Preview of Professors’ Dilemma →

AI at the WIP

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Many colleagues at the AALS ADR Section Works-in-Progress Conference focused on various aspects of artificial intelligence (AI).  Their papers included the following: The Bots are Coming: How Can Law Professors Stay One Step Ahead?, Hal Abramson (Touro) Detecting and Challenging AI Drafted Arbitration Awards, Rishi Batra (McGeorge) Data Resolution: How AI Agents Change Conflict, Simon … Continue reading AI at the WIP →

What Do AI and Sex Have in Common?

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By now, you know that students are using AI.  Some faculty express concern, and they hope that AI tools will just go away – or that students won’t use them.  Not gonna happen. One recent study found that 86% of university students occasionally, frequently, or very frequently use general artificial intelligence tools.  About 70% of … Continue reading What Do AI and Sex Have in Common? →

Seriously, You’re Really Still Saying “Facilitative” and “Evaluative” Mediation in 2025?

We’ve all used the terms “facilitative” and “evaluative” to describe mediation as if everyone knows what they mean. Earlier this year, I surveyed experts about how they understand these terms – and how they think others understand them. Spoiler alert:  This study found that people are hopelessly confused about these terms, including experts in our … Continue reading Seriously, You’re Really Still Saying “Facilitative” and “Evaluative” Mediation in 2025? →