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Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein
Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein
Faculty Scholarship
This article explains why lawyers do not think or talk like other people, how they got this way, and why this is both a good thing and a bad thing. I have watched hundreds of law students leave their old ways of thinking and talking behind and begin to sound like lawyers. One marker of the progress from lay person to lawyer is the emergence of the ability to tell a coherent fact and law story about a new legal problem. I have sometimes celebrated this professional progress and sometimes lamented the loss of common sense, but my lawyerly analysis …
Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley
Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley
Faculty Scholarship
Informed consent has a central role to play in mediation. Without it, mediation's promises of autonomy and self-determination are empty. This Article has given the theoretical and policy justifications for a reform of mediation practice that honors the principle of informed consent. I have argued for a contextualized approach that takes into account mediation's location, the voluntariness of the parties' consent, and their representational status. This kind of analysis will lead to a more informed practice of mediation decisionmaking than exists currently and provide a perspective that can more prudently guide a mediator's conduct. The proposed approach promotes greater fairness …
Learning From The Unpleasant Truths Of Interfaith Conversations: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce
Learning From The Unpleasant Truths Of Interfaith Conversations: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce
Faculty Scholarship
As the religious lawyering movement expands, so too will the opportunities for interfaith conversations about lawyering. At the level of superficial pleasantries, these conversations will probably add warm feelings of camraderie but little else. When they advance to deeper levels of intellectual and emotional connection, they offer the potential for developing close friendships, learning significant new insights, and discovering hurtful differences. Only by risking the pain of such conversations can we gain the full benefit of interfaith conversation for enriching our "zest for spiritual living." This essay will employ the writings of William Stringfellow, a Christian lawyer and theologian, to …