Stephen J. Ware

Professor of Law
Primary office:
414C Green Hall

Stephen Ware is the author of three books, 40 law review articles and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 30 other federal and state cases. Ware's scholarly interests include judicial selection, alternative dispute resolution (arbitration, mediation, negotiation), commercial law (including bankruptcy), and private law generally. 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.

Outside the classroom, Steve Ware actively helps KU Law students as the coach of the KU Law bankruptcy moot court team and faculty adviser to the KU Law chapter of the Federalist Society.

Ware has testified before the United States Senate and House of Representativesstate legislatures and, as an expert witness, in court. He is a frequent speaker at academic conferences, continuing legal education programs and other events. He has appeared on several television and radio stations and been quoted in The New York Times, The Wall Street Journal in 20002007 and 2015, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and an arbitrator for the American Arbitration Association. He is serving on the Journal of Legal Education’s editorial board from 2016 to 2019.


J.D., honors, University of Chicago Law School, 1990, Editor, University of Chicago Law Review, Bradley Fellow; B.A., cum laude, University of Pennsylvania, American history and political science, 1987


Alternative Dispute Resolution, Bankruptcy, Consumer Law, Contracts, Sales, Secured Transactions


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.


Judicial selection, Alternative Dispute Resolution (arbitration, mediation, negotiation), commercial law (including bankruptcy), and private law generally

Selected Publications



"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).


New York Times
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

"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


"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
Topeka Capital-Journal
The Kansas City Star

Aug. 10, 2010

Oct. 14, 2008

Nov. 30, 2007

Other Kansas and Kansas City Media

"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,", 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

"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

"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 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, 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, 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,", June 17, 2008, 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, 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

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