Law Commons^™

Advising Clients To Apologize, Jonathan R. Cohen

UF Law Faculty Publications

The article argues that lawyers should consider the possibility of advising clients to apologize for harms they commit, as in some cases apology may best serve their client's interests. The articles discusses some of the pros and cons to apology in the legal setting, as well as barriers that may inhibit apologies.

Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This Article presents portions of a book tentatively entitled "Bird in a Cage: Legal Reform in China After Mao." The book explores the Western vantage point from which I have viewed institutions for dispute resolution, the imprint on them of the traditional and more recent Maoist past, the disorderly context of rapid economic and social change in which they must operate today, and the larger law reforms of which they are part. Against that background it examines the operation of extrajudicial mediation and the courts. The scope of this Article is more limited.

I have not speculated here about appropriate …

Appellate Law In The New Millennium: Bridging Theoretical Foundation With Practical Application, Bill Piatt

Faculty Articles

For the appellate lawyer, bridging the gap between theoretical foundation and practical application is an important challenge. An attorney who is unable to bring these two notions together is only partially effective as an advocate. Without a firm theoretical foundation that embraces both the law and policy that underlie the lawyer’s argument, the substance of the appellate advocate’s position will not persuade the court effectively. Similarly, without having mastered the practical side of appellate advocacy, the lawyer will be ineffective in communicating the substance of the argument altogether.

This Symposium provides the appellate specialist and non-appellate attorney alike with a …

Better Settle Than Sorry: The Regret Aversion Theory Of Litigation Behavior, Chris Guthrie

Vanderbilt Law School Faculty Publications

Legal scholars have developed two dominant theories of litigation behavior: the Economic Theory of Suit and Settlement,which is based on expected utility theory, and the Framing Theory of Litigation, which is based on prospect theory. While Professor Guthrie acknowledges the explanatory power of these theories, he argues that they are flawed because they portray litigants solely as calculating creatures. These theories disregard any role emotion might play in litigation decision making. Guthrie proposes a mplementary theory-the Regret Aversion Theory of Litigation Behavior-that views litigants as both calculating and emotional creatures. With roots in economics, cognitive psychology, and social psychology, the …

Lawyers' Representation Of Clients In Mediation: Using Economics And Psychology To Structure Advocacy In A Non-Adversarial Setting, Jean R. Sternlight

Scholarly Works

Many believe that lawyers' adversarial methods and mindsets are inherently inconsistent with mediation. Lawyers' emphasis on advocacy and winning is seen as ill-suited to mediation's nonadversarial, problem-solving approach to dispute resolution. Yet, as mediation grows increasingly common, lawyers are frequently accompanying their clients to mediation and often play a critical and direct part in the process. Particularly where disputes are complex or involve relatively large sums of money, it is likely that one or both disputants will be represented by an attorney at the mediation. This Article argues that attorneys need not and ought not to abandon their advocacy or …

Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Digital Technology And Copyright: A Threat Or A Promise - Introduction, Michael J. Meurer

Faculty Scholarship

On November 14, 1998, Franklin Pierce Law Center (FPLC), in cooperation with the Kenneth J. Germeshausen Center for the Law of Innovation and Entrepreneurship and the PTC Research Foundation, both of which are headquartered at FPLC, held its Seventh Biennial Intellectual Property System Major Problems Conference. While noteworthy for a broadening in scope over previous conferences - from "patent system major problems" to "intellectual property system major problems" - the seventh biennial conference continues a tradition of scholarship and discussion begun in 1987 by former FPLC professor Homer O. Blair.

The discussions in Professor Blair's inaugural major problems conference focused …