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Full-Text Articles in Law

Principles For Designing Negotiation Instruction, John M. Lande, Ximena Bustamante, Jay Folberg, Joel Lee Apr 2012

Principles For Designing Negotiation Instruction, John M. Lande, Ximena Bustamante, Jay Folberg, Joel Lee

Faculty Publications

This article analyzes recommendations in the Rethinking Negotiation Teaching (RNT) series. Instructors teaching negotiation and other dispute resolution subjects have long had a hard time trying to cover everything they would like in their courses. The RNT project has documented (and, to some extent, stimulated) a growing profusion of ideas and techniques for teaching negotiation, which has multiplied instructors’ dilemmas in designing their courses. Since instructors cannot teach everything they would like, this article suggests some general principles for making decisions about what to include and how to conduct these courses. Clearly, there is no single right or best way ...


Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley Jan 2012

Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley

Faculty Publications

This article explores multiple ways in which lawyers and the legal community can connect with arts-oriented and other creative businesses to both invigorate the experience of the lawyers offering assistance and highlight ways for the legal community to position itself as relevant and helpful in the new creative economy.

This article's discussion is directed to lawyers who wish to know more about the creative economy and their position within it, but may also be informative to artists and professionals in creative enterprises by highlighting some of the legal considerations that may affect them and examining ways that seeking legal ...


Forward: Jim Devine's "Show Me Spirit", R. Lawrence Dessem Jan 2012

Forward: Jim Devine's "Show Me Spirit", R. Lawrence Dessem

Faculty Publications

I am pleased to have been asked by the editors of the Missouri Law Review to write this short introduction to Associate Dean Jim Devine's final Article: "Curt Flood and a Triumph of the Show Me Spirit."' It provides a wonderful window on some of the things that mattered most to Jim: law, history, sports, and personal character and integrity.


Bringing Mindfulness Into The Law School Classroom: A Personal Journey, Richard C. Reuben Jan 2012

Bringing Mindfulness Into The Law School Classroom: A Personal Journey, Richard C. Reuben

Faculty Publications

This autobiographical essay discusses how the author used the techniques and benefits associated with mindfulness to improve his law school classroom teaching. Mindfulness is a state of non-judgmental present moment awareness that is often cultivated through meditation practice but also carried forward into everyday life. The essay discusses how this stance of mindfulness helped the author achieve a greater connection with his students in a variety of both doctrinal and non-traditional classes by fostering more openness, receptivity, and responsiveness to where students are at in the classroom moment, as well as the greater clarity, courage, and compassion that can be ...


Explaining, Defending, And Exporting The Socratic Method, Brian C. Kalt Jan 2012

Explaining, Defending, And Exporting The Socratic Method, Brian C. Kalt

Faculty Publications

No abstract provided.


Cultural Narratives Of The Legal Profession: Law School, Scamblogs, Hopelessness, And The Rule Of Law, Daniel D. Barnhizer Jan 2012

Cultural Narratives Of The Legal Profession: Law School, Scamblogs, Hopelessness, And The Rule Of Law, Daniel D. Barnhizer

Faculty Publications

No abstract provided.


Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman Jan 2012

Not Everyone Works For Biglaw: A Response To Neil J. Dilloff, Louis N. Schulze Jr., Lawrence Friedman

Faculty Publications

In a law review article entitled "The Changing Cultures and Economics of Large Law Firm Practice and Their Impact on Legal Education," DLA Piper partner Neil J. Dilloff details recent changes in the way that BigLaw does business. He then suggests a number of improvements in legal education ostensibly compelled by the new economic realities of large firm practice. While many of Attorney Dilloff's suggestions make very good sense, several problems exist. In this short essay, we take the position that law schools should not pattern current reforms solely on the needs of BigLaw. Instead, we suggest that reforming ...


Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr. Jan 2012

Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.

Faculty Publications

In the wake of two momentous critiques of legal education, popularly known as the “Carnegie Report” and “Best Practices,” law schools are reconsidering certain basic assumptions about how we educate future lawyers. Even the most forward-thinking reformers, however, struggle with the details of how to implement many of the recommendations of those reports. Providing more formative assessment, for instance, is a laudable objective but one that has serious ramifications in terms of resource expenditures. This article seeks to provide a remedy for many of these struggles: “Academic Support Across the Curriculum.” This piece argues that the reconceptualization of an under-leveraged ...


Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Adam A. Ding Jan 2012

Alternative Justifications For Academic Support Iii: An Empirical Analysis Of The Impact Of Academic Support On Perceived Autonomy Support And Humanizing Law Schools, Louis N. Schulze Jr., Adam A. Ding

Faculty Publications

This article details the findings of a two-year empirical study on the impact of a law school academic support program (ASP) on law students. The hypothesis of the study was that as students' participation in a well-resourced, open-access ASP increases, students' perception of "autonomy support" and "humanizing" grows as well. The study concludes, based upon statistically significant data, that law school ASPs impact students in positive ways and therefore are worth the investment. This article is the third in a series designed to show that law school academic support measures positively impact students' well-being and lead to a more robust ...


Teaching Students To Negotiate Like A Lawyer, John M. Lande Jan 2012

Teaching Students To Negotiate Like A Lawyer, John M. Lande

Faculty Publications

Some important stages might include: (1) initial client interview, (2) negotiation of a retainer agreement, (3) developing good working relationships with counterpart lawyers, (4) conducting factual investigation and/or legal research, (5) working with counterparts to plan the negotiation process, (6) resolving discovery disputes, (7) preparing client for negotiations, (8) conducting an ultimate negotiation, (9) engaging a mediator and mediating the matter, and (10) drafting a settlement agreement. This essay suggests that by using both single-stage and multi-stage simulations, instructors can better prepare students for negotiations that they will actually conduct in practice. These suggestions grow out my book, Lawyering ...