Stephen J. Ware
- Frank Edwards Tyler Distinguished Professor of Law
Contact Info
Biography —
Stephen Ware is the author of four books, 49 law review articles, and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 35 other federal and state cases. Ware teaches and writes on Arbitration and Alternative Dispute Resolution, Contracts, Commercial Law and Bankruptcy. He has also written extensively on judicial selection, especially with respect to state courts. A versatile teacher, he has taught at six law schools, including Samford University's Cumberland School of Law, where he was a faculty member for 10 years before joining KU in 2003. He was named as the Frank Edwards Tyler Distinguished Professor of Law in 2019.
Ware has testified before the United States Senate and House of Representatives, state legislatures and, as an expert witness, in court. He is a frequent speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, The Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Education —
Graduated with honors; Editor, University of Chicago Law Review; Bradley Fellow
cum laude
Research —
- Alternative Dispute Resolution (arbitration, mediation, negotiation)
- Contracts, Commercial Law and Bankruptcy
- Judicial Selection
Admitted
New York 1991
Career History
Clerk, Judge J. Daniel Mahoney, United States Court of Appeals, Second Circuit, 1990-91; Associate, Davis Polk & Wardwell, New York City, 1991-93; Assistant Professor, Associate Professor and Professor of Law, Samford University, Cumberland School of Law, 1993-03; Visiting Professor of Law, College of William & Mary, Fall 1998; Visiting Professor of Law, Ohio State University, Fall 1999; Visiting Professor of Law, University of Alabama, Summer 2001; Visiting Professor of Law, University of Kansas, Summer 2002; Professor of Law, University of Kansas, 2003-present; Frank Edwards Tyler Distinguished Professor of Law, University of Kansas, 2019-present
Teaching —
Alternative Dispute Resolution, Arbitration, Bankruptcy, Commercial Law, Consumer Law, Contracts, Sales, Secured Transactions
Selected Publications —
Books
- "Principles of Arbitration Law" (West Concise Hornbook Series, 2d ed. 2023) (with Ariana Levinson).
- "Principles of Alternative Dispute Resolution" (West Concise Hornbook Series, 4d ed. 2023).
- "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).
- Stephen J. Ware, "Principles of Alternative Dispute Resolution" (West Concise Hornbook Series, 3d edition 2016).
- Stephen J. Ware, "Principles of Alternative Dispute Resolution" (Thomson/West Concise Hornbook Series, 2d edition 2007).
- "Arbitration Law in America: A Critical Assessment" (Cambridge University Press 2006) (with Edward Brunet, Richard Speidel & Jean Sternlight).
- Stephen J. Ware, "Alternative Dispute Resolution" (West Group Hornbook Series 2001).
Law Review Articles
- Stephen Ware's law review articles are on SSRN (Social Science Research Network).
Other Publications
- A complete list of his publications appears on Stephen Ware's Curriculum Vitae (.pdf).
Media
CNN
"Disney's not alone in saving your clicks means you can't sue," Aug. 16 2024
New York Times
"Companies unlikely to use arbitration with each other," Oct. 6, 2008
"Bankruptcy on a dime? Think fast," Sept. 10, 2005
Wall Street Journal
"Sue the bank? You may get your shot," Wall Street Journal, Oct. 7, 2015
Wall Street Journal, Nov. 7, 2007
"As arbitration spreads to consumer purchases, a court battle looms," Sept. 19, 2000
Letter to the Editor, Sept. 21, 2011
The Financial Times
May 27, 2003
USA Today
"Patients signing away right to sue nursing homes," USA Today, June 17, 2008
Television
"Kansas split over judge retention vote," WOW! 6 News Lawrence, Oct. 24, 2016
"Victim: Leavenworth judge letting repeat offenders off easy," 41 KHSB Kansas City, July 24, 2015
KSHB 41 Kansas City, April 28, 2014
"The Local Show," KCPT TV Kansas City, Jan. 24, 2013
"This Week in Kansas," KAKE TV Wichita, Jan. 20, 2013
"KCTV 5 Investigations: Modern debtors' prison," KCTV 5 News Kansas City, Oct. 27, 2011
Fox 4 News Kansas City, May 26, 2009
KSNT 27 News Topeka, Feb. 6, 2009
Congressional Testimony, C-SPAN, Washington, DC, June 18, 2008
KUJH Lawrence, May 2, 2007
ABC 33/40 News Birmingham, AL, May 8, 2002
FOX 6 News Birmingham, AL, Feb. 21, 2002
ABC 33/40 News Birmingham, AL, Nov. 6, 2000
Radio
"How a clinic on the Kansas-Missouri border is navigating a shifting abortion rights landscape,"Kansas Public Radio, December 6, 2024.
The John Oakley Show on AM640, Toronto, ON, August 16, 2024
"Legal Talk Network," Boca Raton, FL, June 22, 2017.
"New Appointment Holds Clues to Brownback Supreme Court Plan," KCUR, Kansas City, MO, March 16, 2015
"Gov. Brownback's Selection Of Stegall Stirs Debate Over Judge Selection Process," Up to Date, KCUR, Kansas City, MO, Sept. 16, 2014
"The New Justice In Kansas: Judicial Selection And The Governor’s Race," KCUR, Kansas City, MO, Sept. 12, 2014
105.7 KRMR, Hays, KS, Dec. 7, 2012
1480 KQAM, Wichita, KS, Dec. 4, 2012
KCMO, Kansas City, MO, May 16, 2012
1330 KNSS, Wichita, KS, April 16, 2011
1330 KNSS, Wichita, KS, March 12, 2011
WHO, Des Moines, IA, Feb. 22, 2011
1330 KNWW, Wichita, KS, Oct. 30, 2010
WIBW-AM, Topeka, KS, Sept. 21, 2010
1330 KNSS, Wichita, KS, Sept. 11, 2010
Kansas Public Radio, Aug. 31, 2010
KSAL, Salina, KS, Aug. 17, 2010
KCMO, Kansas City, MO, Feb. 8, 2009
KCMO, Kansas City, MO, Jan. 30, 2009
KGNO, Dodge City, KS, Jan. 22, 2009
KJCK, Junction City, KS, Jan. 15, 2009
KCMO, Kansas City, MO, Jan. 8, 2009
WIBW-AM, Topeka, KS, Jan. 8, 2009
KMAN, Manhattan, KS, Feb. 29, 2008
KCMO, Kansas City, MO, Feb. 28, 2008
KUIL, Garden City, KS, Feb. 19, 2008
KMAJ-AM, Topeka, KS, Feb. 8, 2008
WLWN, Lawrence, KS, Dec. 3, 2007
WIBW-AM, Topeka, KS, Dec. 3, 2007
KCPW, Salt Lake City, UT, April 26, 2002
WJOX, Birmingham, AL, June 4, 1999
WJOX, Birmingham, AL, June 23, 1999
Kansas and Kansas City Media
Wichita Eagle
"Kansas judicial selection measure falls short of votes," Feb. 3, 2016
"Retention of two Kansas Supreme Court justices followed pattern across the U.S.," Nov. 5, 2014
"Court appointment adds fuel to conservatives’ fire to change selection process," Sept. 7, 2013
Jan. 27, 2013
"Lawyers offer to give up majority on nominations," Jan. 16, 2013
Dec. 8, 2012
"Kansas' Justice-selection process unique," Aug. 10, 2010
Letter to the Editor, Jan. 2, 2008
"Bar Has Too Much Power in Picking State's Justices," May 22, 2007
Lawrence Journal-World
"Lawrence’s Kmart distribution center still has hope, thanks to latest twist in bankruptcy case" Jan. 8, 2019
"Senate panel advances Johnson County attorney for federal judgeship in Kansas" Nov. 9, 2017
"Will new member of Supreme Court Nominating Commission tip balance in Brownback’s favor?" Aug. 28, 2016
"Kansas House vote shows weak support for constitutional amendment on judicial selection," Feb. 3, 2016
"Analysis: Path not easy for plan to overhaul judicial selection process in Kansas," Jan. 27, 2013
"Court debate hints at tilt to right," Sept. 7, 2010
"Kansas Supreme Court selection process may be an issue in Governor’s race," Aug. 10, 2010
Nov. 25, 2009
Oct. 4, 2009
"Senators question nursing homes’ growing use of arbitration," Jun. 18, 2008
Letter to the Editor, Jan. 19, 2008
"Proposal for change in selection process receives support," Jan. 9, 2008
"Judicial selection process criticized," Dec. 1, 2007
Aug. 8, 2006
July 21, 2006
Aug. 22, 2003
Topeka Capital-Journal
"Masks and Freedom," July 4, 2020.
"KU professor, Kansas GOP urge constitutional amendment on Supreme Court selection," Feb. 3, 2016
"Kansas GOP's push to change judicial selection meets resistance," Jan. 27, 2013
"Legislators open hearing on changing judicial selection," Jan. 16, 2013
"Debate stirs on justice selection," Aug. 10, 2010
"Anderson: Senate, too, could affirm judge choices," Jan. 20, 2008
"Professor seeks to change judicial selection process," Nov. 30, 2007
The Kansas City Star
"Senate confirmation of judges is transparent and democratic," June 12, 2020.
Aug. 10, 2010
Oct. 14, 2008
Nov. 30, 2007
Other Kansas and Kansas City Media
"Transparency of Supreme Court nominating panel questioned," Sunflower State Journal (subscription required), Nov. 6, 2019
"Committee hearing proposals to change the way Kansas Supreme Court justices are selected," Kansas Association of School Boards, Oct. 1, 2019
"New transparency comes to judicial selection," Sunflower State Journal (subscription required), Sept. 13, 2019
"Building of dreams: A downtown real estate deal goes south, costing investors and retirees millions," KSHB 41 Kansas City, Apr. 28, 2014
"Bar association offers to give up lawyers’ majority in choosing Supreme and Appeals Court Judges," Wichitopekington, Jan. 16. 2013
"Legislators open hearing on Kan. judicial changes," WIBW.com, Jan. 16, 2013
Gardner News, Gardner, KS, Dec. 8, 2012
Kansas Lawyer, Dec. 2-8, 2012
Kansas Lawyer, March 1-7, 2009
Kansas City Business Journal, Oct. 26, 2012
"Conservative leaning evident in court stance," Hutchinson News, Sept. 7, 2010
"Nominating Commission is gatekeeper to the Kansas Supreme Court," Kansas Watchdog, Aug. 11, 2010
Leavenworth Times, Leavenworth, KS, Feb. 28, 2008
"Kansas alone in justice selection process," Olathe News, Olathe, KS, Feb. 22, 2008
Great Bend Tribune, Great Bend, KS, Jan. 20, 2008
Garden City Telegram, Garden City, KS, Jan. 18, 2008
Dodge City Daily Globe, Dodge City, KS, Jan. 18, 2008
Harris News Service (Chanute Tribune and Hutchinson News), Dec. 2, 2007
Kansas City Kansan, Kansas City, KS, Dec. 1, 2007
"House Leader: Let's boost tourism," Salina Journal, Nov. 30, 2007
Bar Journals
National Law Journal, July 3, 2024
"Power to the People," ABA Journal, Sept. 1, 2019
"Justices Say Inherited IRAs Not Exempt From Being Included in Bankruptcy Estate," United States Law Week, June 12, 2014
ABA Journal, May 2010
"Nursing Homes Say Arbitration Agreements Protect Facilities, Maintain Patients' Rights," United States Law Week, June 12, 2008
New Jersey Law Journal, Newark, NJ, April. 10, 2006
Chicago Daily Law Bulletin, Chicago, IL Mar. 26, 2004
Chicago Daily Law Bulletin, Chicago, IL, Mar. 22, 2004
National Law Journal, May 3, 2004
"Class Action Bans in Arbitration Pacts Could Create Limits on Substantive Rights," United States Law Week, Nov. 25, 2003
ABA Journal, May 2003
National Law Journal, Aug. 12, 2002
National Law Journal, Jan. 1, 1996
Los Angeles Daily Journal, May 23, 1995
National Law Journal, Feb. 27, 1995
Other Media
"The Hidden Impact of Arbitration Clauses in Terms of Services," The Granite Tower (The Korea University English Magazine), Oct. 2024.
"Home Care Firm Pushes for Arbitration of Union Worker’s Claims," Bloomberg News, Feb. 19, 2019.
"Should Iowa Ditch Judicial Retention Elections?," Iowa Public Radio, July 14, 2016.
"Law School Panel Considers Supreme Court After Scalia," The Chicago Maroon, Feb. 19, 2016.
"Nursing homes' use of binding arbitration comes under fire," Modern Healthcare, Aug. 8, 2015
"Bankruptcy Automatic Stay: How It Works, Tips & More," CardHub, July 30, 2015
"An end to mandatory arbitration agreements in nursing homes?" Modern Healthcare, July 17, 2015
"Family Christian Stores Ditches Bankruptcy Plan After Creditors' Objections over ‘Issue of Transparency," The Gospel Herald, March 20, 2015
"Family Christian Stores drops bankruptcy plan," World, March 18, 2015
"Leal experts weight judicial retention system," The Florida Current, Oct. 15, 2012
Sunshine State News, Oct. 17, 2012
The Cedar Rapids Gazette, Feb. 27, 2011
Providence Journal Bulletin, Jan. 14, 2011
Providence Journal Bulletin, Jan. 9, 2011
"Kansas lawmakers consider alternatives for judicial selection system," Gavel Grab, Aug. 11, 2010
"Debate stirs over electing Kansas Supreme Court," The Joplin Globe, Aug. 10, 2010
Columbia (MO) Daily Tribune, Mar. 12, 2009
"Patients sign away right to sue nursing homes," MSNBC, June 17, 2008
Salon, June 17, 2008
Yahoo News, June 17, 2008
Minneapolis Star Tribune, Minneapolis-St. Paul, MN, June 18, 2008
WTOP, Washington, DC, June 18, 2008
Scientific American, New York, NY, June 18, 2008
Fort Mill Times, Fort Mill, SC, June 17, 2008
Newsday, Mellville, NY, June 17, 2008
Waco Tribune-Herald, Waco, TX, June 17, 2008
WSB Atlanta, Atlanta, GA, June 17, 2008
Lexington Herald Leader, Lexington, KY, June 18, 2008
Miami Herald, Miami, FL, June 17, 2008
KSL, Salt Lake City, UT, June 17, 2008
"Patients signing away right to sue nursing homes," lexisone, June 18, 2008
AOL News, June 18, 2008
Idaho Statesman, Boise, ID, June 17, 2008
"Patients signing away right to sue nursing homes," Seattle Times, June 17, 2008
Seattle Post-Intelligencer, Seattle, WA, June 17, 2008
Sacramento Bee, Sacramento, CA, June 17, 2008
Anchorage Daily News, Anchorage, AK, June 17, 2008
CNBC, June 17, 2008
The Tribune, San Luis Obispo, CA, June 17, 2008
Pioneer Press, St. Paul, MN, June 17, 2008
Akron Beacon Journal, Akron, OH, June 18, 2008
CBS News, June 17, 2008
"Nursing home clients waiving right to sue," Tuscaloosa News, Tuscaloosa, AL, June 18, 2008
Forbes Magazine, June 17, 2008
Tacoma News Tribune, Tacoma, WA, June 17, 2008
Federal News Radio, Washington, DC, June 17, 2008
mymotherlode.com June 17, 2008
Tri-City Herald, Tri-Cities, WA, June 17, 2008
Centre Daily Times, State College, PA, June 17, 2008
Raleigh News Observer, Raleigh, NC, June 18, 2008
Charleston Gazette, Charleston, WV, June 18, 2008
Examiner.com, June 17, 2008
"Nursing-home claim arbitration debated," Los Angeles Daily News, Los Angeles, CA, June 17, 2008
WOKV Radio, Jacksonville, FL, June 17, 2008
Daily Herald, Provo, UT, June 17, 2008
AARP Bulletin Today, June 17, 2008
Kaisernetwork.org, June 17, 2008
San Jose Mercury News, San Jose, CA, June 17, 2008
Grand Junction Sentinel, Grand Junction, CO, June 17, 2008
"Patients signing away right to sue nursing homes," Foxnews.com, June 17, 2008
Islandpacket.com, June 17, 2008.
The Guardian, London, England, June 17, 2008
News Daily, June 18, 2008
Palm Beach Post, West Palm Beach, FL, June 18, 2008
Redwood Age, June 18, 2008
Austin American-Statesman, Austin, TX, June 17, 2008
Contra Costa Times, Walnut Creek, CA, June 17, 2008
El Paso Times, El Paso, TX, June 17, 2008
Chicago Tribune, Chicago, IL, June 17, 2008
The State, Columbia, SC, June 17, 2008
The Telegraph, Macon, GA, June 17, 2008
Centre Daily, State College, PA, June 17, 2008
Fort Wayne Journal Gazette, Fort Wayne, IN, June 17, 2008
Baltimore Sun, Baltimore, MD, June 17, 2008
Atlanta Journal Constitution, Atlanta, GA, June 17, 2008
High Point Enterprise, High Point, NC, June 17, 2008
Dayton Daily News, Dayton, OH, June 17, 2008
The Times Picayune, New Orleans, LA, June 17, 2008
Business Week, June 17, 2008
The Green Bay Press Gazette, Green Bay, WI, June 18, 2008
ABC News, New York, NY, June 18, 2008
Hartford Courant, Hartford, CT, June 17, 2008
"Patients signing away right to sue nursing homes," Truthout, Encinitas, CA, June 17, 2008
WHEC-TV, Rochester, NY, June 17, 2008
The Washington Post, Washington, DC, June 18, 2008
WCNC-TV, Charlotte, SC, June 17, 2008
The Charleston Gazette, Charleston, SC, June 18, 2008
WOKV-TV, Jacksonville, FL, June 17, 2008
Los Angeles Times, May 9, 2007
Birmingham Post Herald, Birmingham, AL, June 17, 2004
Birmingham Post Herald, Birmingham, AL, Apr. 26, 2003
Tampa Tribune, editorial, Tampa, FL, May 22, 2002
Birmingham News, Birmingham, AL, Dec. 14, 2001
Montgomery Advertiser, Montgomery, AL, Oct. 9
Kiplinger’s Personal Finance, Oct. 2001
Seasons Magazine, Summer 2001
Montgomery Advertiser, Montgomery, AL, June 15, 2001
Birmingham News, Birmingham, AL, Apr. 1, 2001
Mobile Register, Mobile, AL, Mar. 22, 2001
Birmingham Business Journal, Birmingham, AL, February 16, 2001
Mobile Register, Mobile, AL, Jan. 19, 2001
Tuscaloosa News, Tuscaloosa, AL, Dec. 27, 2000
St. Petersburg Times, St. Petersburg, FL, Dec. 23, 2000
Tuscaloosa News, Tuscaloosa, AL, Nov. 6, 2000
Mobile Register, Mobile, AL, Nov. 4, 2000
Anniston Star, Nov. 3, 2000
Birmingham News, Birmingham, AL, Nov. 2, 2000
Mobile Register, Mobile, AL, Oct. 31, 2000
ADRworld.com, Oct. 27, 2000
Birmingham Post Herald, Birmingham, AL, Oct. 3, 2000
Birmingham Post Herald, Birmingham, AL, Aug. 9, 2000
Birmingham Post Herald, Birmingham, AL, Oct. 19, 1999
Anniston Star, May 26, 1999