Karen Tokarz | Washington University in St. Louis (original) (raw)
Papers by Karen Tokarz
Washington University Journal of Law and Policy, 2019
Washington University Journal of Law and Policy, 2005
Washington University Law Review, 1990
This Tribute is brought to you for free and open access by Washington University Open Scholarship... more This Tribute is brought to you for free and open access by Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
Washington University Journal of Law and Policy, 2014
insights about lawyering competencies and experiential legal education; the shifting nature of le... more insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the economics of the legal profession that challenge the current cost of legal education; a dramatic drop in law school applications and admittees; increased competition for students among law schools; increased market demand for-practice-ready‖ law graduates; and increased numbers of law grads going into solo and small firm practice. 3 Current concerns about legal education echo long-standing criticism of the upper-level curriculum, particularly the third year of law school, when, as the saying goes, law schools-bore you to death.‖ 4 As long ago as 1883, Harvard Law Dean Ephraim Gurney lamented in a letter to Harvard President Charles Elliot, one of the inventors of the modern Langdellian law school:-If you[r] LLB at the end of his three years did not feel as helpless on entering an office on the practical side as he is admirably trained on the theoretical, I think he would begrudge his third year less.‖ 5 Economic, social, and political conditions make it impossible to ignore the clamor for reform. Today's climate invites a deeper examination of law school curricula and pedagogy, with a focus on the-sequencing of doctrine, skills and values across the curriculum designed to prepare students for practice. .. .‖ 6 Legal education is at 3.
Housing is the single most important asset for the majority of American households and a pillar o... more Housing is the single most important asset for the majority of American households and a pillar of the American economy. The current U.S. home mortgage foreclosure crisis has a staggering impact on homeowners, lenders, families, neighborhoods, municipalities, and states. Foreclosure mediation programs are an effective response by states, cities, and courts to address the impact of the foreclosure crisis. Mandatory foreclosure mediation programs help homeowners keep their homes and aids communities in maintaining property values while saving lenders and investors the expense of executing a foreclosure. By examining the foreclosure crisis in Missouri and Illinois and the various foreclosure mediation programs around the country implemented in response to the crisis, this Article proposes best practices for successful foreclosure mediation programs and advocates for jurisdictions to establish these programs to curtail the devastation caused by the foreclosure crisis.
Washington University Journal of Law and Policy, 2020
In recent years, the Journal has aspired to become a leading publisher of scholarship on alternat... more In recent years, the Journal has aspired to become a leading publisher of scholarship on alternative dispute resolution (ADR) and has published many important articles by top legal educators and practitioners in the field. 1 This volume is the seventh in the Journal's series focused on ADR, which includes the prior groundbreaking volumes New Directions in ADR
COVID-19 rent freezes and eviction moratoria are nearing an end in most places, an avalanche of e... more COVID-19 rent freezes and eviction moratoria are nearing an end in most places, an avalanche of evictions is expected in the latter half of 2020. 4 Evictions in St. Louis City and St. Louis County, Missouri, parallel the harsh housing instability in most major metropolitan areas in the country. In 2019, nearly sixteen thousand eviction lawsuits were filed in the St. Louis City and County courts-an average of more than forty-three eviction cases per day. 5 While eviction lawsuits are an important legal remedy, evictions lead to homelessness, harm family member health, cost landlords money, destabilize the housing market, disrupt neighborhoods, increase crime, and overwhelm the courts. Many aspects of mediation make it a more just and effective dispute resolution approach than court evictions. A well-functioning court system is vital for any strong democracy. But, when the court system is overburdened and inefficient, and when people do not believe that their voices will be heard or that justice will be done when they walk through the courthouse doors, public trust and confidence are undermined. With court eviction cases, many tenants and landlords feel that the court system does not protect their rights and interests. 6 Mediation addresses these feelings by ensuring the voices of all parties are heard, and frees up the courts to hear non-mediated cases more thoroughly. As discussed below, data show that mandatory mediation of eviction cases leads to better outcomes for all parties and stakeholders. To bring the benefits of mediation to the eviction crisis, while rebuilding tenants' and landlords' trust in the court system in St. Louis, and at the same time providing learning opportunities for law students, Washington University School of Law Civil Rights & Mediation Clinic (Clinic) developed the St. Louis Mediation Project (Mediation Project), in conjunction with Metropolitan St. Louis Equal Housing and Opportunity 4.
Washington University Law Review, 1986
See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judg... more See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judges through partisan elections. The adoption of nonpartisan, merit selection of judges has been described as "the single greatest event in the history of judicial reform in this century." Hall, The
Oxford University Press eBooks, Nov 3, 2010
Washington University Journal of Law and Policy, 2001
Washington University Journal of Law and Policy, 2006
The author wishes to thank Elizabeth Niehaus, Clinical Program Coordinator, Washington University... more The author wishes to thank Elizabeth Niehaus, Clinical Program Coordinator, Washington University School of Law, for her assistance with this project. 1. The use of the terms "interdisciplinary," multidisciplinary," "cross-disciplinary," and "transdisciplinary" in legal teaching and practice has generated much debate in recent years.
Washington University Journal of Law and Policy, Jul 14, 2012
as a series of Access to Justice volumes, several of which address ADR-related issues. 4 In winte... more as a series of Access to Justice volumes, several of which address ADR-related issues. 4 In winter 2011, the Washington University Negotiation and Dispute Resolution Program joined forces with Journal to host a scholarship roundtable titled New Directions in Negotiation and ADR. The participants explored exciting, cutting edge issues in negotiation and ADR, and this remarkable volume is the product of that roundtable. The authors in this volume are at the forefront of innovative teaching, practice, and scholarship in negotiation and dispute resolution. In spring 2013, the Negotiation and Dispute Resolution Program will again collaborate with Journal to host a roundtable titled New Directions in Global Dispute Resolution that will generate the fourth volume in this series, to be published in the Journal in fall 2013. Perhaps now more than at any other time in recent history, the practice of law is changing in unexpected ways. New professional roles for lawyers are evolving and legal education is under intense pressure to undertake curricular reforms. Litigation is no longer the default dispute resolution method. ADR-an umbrella term for a range of dispute resolution processes that occur largely outside the courts and includes negotiation, conciliation, mediation, dialogue facilitation, consensus-building, and arbitration-has emerged as a principal mode of legal practice in virtually every legal field and in virtually every country in the world. 5 Almost all law schools in the United States and elsewhere now offer courses in negotiation and dispute resolution-a generational shift from three decades ago when few if any law schools offered such courses. Several law schools now require first-year students to take a problem-solving, negotiation or dispute resolution course, such as Hamline University
Washington University Law Review, 1998
Washington University Journal of Law and Policy, 2003
Oxford University Press eBooks, Jun 17, 2021
Trina Grillo’s critique of the “promises of mediation” in her article, The Mediation Alternative:... more Trina Grillo’s critique of the “promises of mediation” in her article, The Mediation Alternative: Process Dangers for Women, was influential during the formative years of mediation practice in this country—when state and federal courts across the country were exploring and expanding mediation’s use. Mediation was heralded as an informal, contextual, noncoercive forum where parties could have their voices heard and keep decisions in their own hands, and as a viable alternative to the adversarial, patriarchal, objectivist trial system....
See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judg... more See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judges through partisan elections. The adoption of nonpartisan, merit selection of judges has been described as "the single greatest event in the history of judicial reform in this century." Hall, The
Social Science Research Network, Jun 1, 2015
Washington University Journal of Law and Policy, 2019
Washington University Journal of Law and Policy, 2005
Washington University Law Review, 1990
This Tribute is brought to you for free and open access by Washington University Open Scholarship... more This Tribute is brought to you for free and open access by Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
Washington University Journal of Law and Policy, 2014
insights about lawyering competencies and experiential legal education; the shifting nature of le... more insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the economics of the legal profession that challenge the current cost of legal education; a dramatic drop in law school applications and admittees; increased competition for students among law schools; increased market demand for-practice-ready‖ law graduates; and increased numbers of law grads going into solo and small firm practice. 3 Current concerns about legal education echo long-standing criticism of the upper-level curriculum, particularly the third year of law school, when, as the saying goes, law schools-bore you to death.‖ 4 As long ago as 1883, Harvard Law Dean Ephraim Gurney lamented in a letter to Harvard President Charles Elliot, one of the inventors of the modern Langdellian law school:-If you[r] LLB at the end of his three years did not feel as helpless on entering an office on the practical side as he is admirably trained on the theoretical, I think he would begrudge his third year less.‖ 5 Economic, social, and political conditions make it impossible to ignore the clamor for reform. Today's climate invites a deeper examination of law school curricula and pedagogy, with a focus on the-sequencing of doctrine, skills and values across the curriculum designed to prepare students for practice. .. .‖ 6 Legal education is at 3.
Housing is the single most important asset for the majority of American households and a pillar o... more Housing is the single most important asset for the majority of American households and a pillar of the American economy. The current U.S. home mortgage foreclosure crisis has a staggering impact on homeowners, lenders, families, neighborhoods, municipalities, and states. Foreclosure mediation programs are an effective response by states, cities, and courts to address the impact of the foreclosure crisis. Mandatory foreclosure mediation programs help homeowners keep their homes and aids communities in maintaining property values while saving lenders and investors the expense of executing a foreclosure. By examining the foreclosure crisis in Missouri and Illinois and the various foreclosure mediation programs around the country implemented in response to the crisis, this Article proposes best practices for successful foreclosure mediation programs and advocates for jurisdictions to establish these programs to curtail the devastation caused by the foreclosure crisis.
Washington University Journal of Law and Policy, 2020
In recent years, the Journal has aspired to become a leading publisher of scholarship on alternat... more In recent years, the Journal has aspired to become a leading publisher of scholarship on alternative dispute resolution (ADR) and has published many important articles by top legal educators and practitioners in the field. 1 This volume is the seventh in the Journal's series focused on ADR, which includes the prior groundbreaking volumes New Directions in ADR
COVID-19 rent freezes and eviction moratoria are nearing an end in most places, an avalanche of e... more COVID-19 rent freezes and eviction moratoria are nearing an end in most places, an avalanche of evictions is expected in the latter half of 2020. 4 Evictions in St. Louis City and St. Louis County, Missouri, parallel the harsh housing instability in most major metropolitan areas in the country. In 2019, nearly sixteen thousand eviction lawsuits were filed in the St. Louis City and County courts-an average of more than forty-three eviction cases per day. 5 While eviction lawsuits are an important legal remedy, evictions lead to homelessness, harm family member health, cost landlords money, destabilize the housing market, disrupt neighborhoods, increase crime, and overwhelm the courts. Many aspects of mediation make it a more just and effective dispute resolution approach than court evictions. A well-functioning court system is vital for any strong democracy. But, when the court system is overburdened and inefficient, and when people do not believe that their voices will be heard or that justice will be done when they walk through the courthouse doors, public trust and confidence are undermined. With court eviction cases, many tenants and landlords feel that the court system does not protect their rights and interests. 6 Mediation addresses these feelings by ensuring the voices of all parties are heard, and frees up the courts to hear non-mediated cases more thoroughly. As discussed below, data show that mandatory mediation of eviction cases leads to better outcomes for all parties and stakeholders. To bring the benefits of mediation to the eviction crisis, while rebuilding tenants' and landlords' trust in the court system in St. Louis, and at the same time providing learning opportunities for law students, Washington University School of Law Civil Rights & Mediation Clinic (Clinic) developed the St. Louis Mediation Project (Mediation Project), in conjunction with Metropolitan St. Louis Equal Housing and Opportunity 4.
Washington University Law Review, 1986
See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judg... more See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judges through partisan elections. The adoption of nonpartisan, merit selection of judges has been described as "the single greatest event in the history of judicial reform in this century." Hall, The
Oxford University Press eBooks, Nov 3, 2010
Washington University Journal of Law and Policy, 2001
Washington University Journal of Law and Policy, 2006
The author wishes to thank Elizabeth Niehaus, Clinical Program Coordinator, Washington University... more The author wishes to thank Elizabeth Niehaus, Clinical Program Coordinator, Washington University School of Law, for her assistance with this project. 1. The use of the terms "interdisciplinary," multidisciplinary," "cross-disciplinary," and "transdisciplinary" in legal teaching and practice has generated much debate in recent years.
Washington University Journal of Law and Policy, Jul 14, 2012
as a series of Access to Justice volumes, several of which address ADR-related issues. 4 In winte... more as a series of Access to Justice volumes, several of which address ADR-related issues. 4 In winter 2011, the Washington University Negotiation and Dispute Resolution Program joined forces with Journal to host a scholarship roundtable titled New Directions in Negotiation and ADR. The participants explored exciting, cutting edge issues in negotiation and ADR, and this remarkable volume is the product of that roundtable. The authors in this volume are at the forefront of innovative teaching, practice, and scholarship in negotiation and dispute resolution. In spring 2013, the Negotiation and Dispute Resolution Program will again collaborate with Journal to host a roundtable titled New Directions in Global Dispute Resolution that will generate the fourth volume in this series, to be published in the Journal in fall 2013. Perhaps now more than at any other time in recent history, the practice of law is changing in unexpected ways. New professional roles for lawyers are evolving and legal education is under intense pressure to undertake curricular reforms. Litigation is no longer the default dispute resolution method. ADR-an umbrella term for a range of dispute resolution processes that occur largely outside the courts and includes negotiation, conciliation, mediation, dialogue facilitation, consensus-building, and arbitration-has emerged as a principal mode of legal practice in virtually every legal field and in virtually every country in the world. 5 Almost all law schools in the United States and elsewhere now offer courses in negotiation and dispute resolution-a generational shift from three decades ago when few if any law schools offered such courses. Several law schools now require first-year students to take a problem-solving, negotiation or dispute resolution course, such as Hamline University
Washington University Law Review, 1998
Washington University Journal of Law and Policy, 2003
Oxford University Press eBooks, Jun 17, 2021
Trina Grillo’s critique of the “promises of mediation” in her article, The Mediation Alternative:... more Trina Grillo’s critique of the “promises of mediation” in her article, The Mediation Alternative: Process Dangers for Women, was influential during the formative years of mediation practice in this country—when state and federal courts across the country were exploring and expanding mediation’s use. Mediation was heralded as an informal, contextual, noncoercive forum where parties could have their voices heard and keep decisions in their own hands, and as a viable alternative to the adversarial, patriarchal, objectivist trial system....
See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judg... more See infra notes 29-42 and accompanying text. Missouri continues to choose its outstate trial judges through partisan elections. The adoption of nonpartisan, merit selection of judges has been described as "the single greatest event in the history of judicial reform in this century." Hall, The
Social Science Research Network, Jun 1, 2015