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Legal education

Dispute Resolution and Arbitration

University of Missouri School of Law

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What Judges Want And Need: User-Friendly Foundations For Effective Judicial Education, Duane Benton, Jennifer A.L. Sheldon-Sherman Jan 2015

What Judges Want And Need: User-Friendly Foundations For Effective Judicial Education, Duane Benton, Jennifer A.L. Sheldon-Sherman

Journal of Dispute Resolution

This article evaluates the connection between judicial education and judges’ needs and preferences. In Part I, we begin by discussing the history, purpose, and form of judicial education, charting its evolution over time. In Part II, we examine current judicial education programs and scholarship, highlighting differences and similarities between federal and state programming. In Part III, we analyze the limitations of existing scholarship and programming, arguing judicial education programs are insufficiently tied to evidence of judicial demands. We conclude in Parts IV and V by suggesting two proposals to align programming with needs: (1) an annual needs-based assessment of judicial ...


Towards A New Paradigm Of Judicial Education, Mary R. Russell Jan 2015

Towards A New Paradigm Of Judicial Education, Mary R. Russell

Journal of Dispute Resolution

When talking about judicial education, a central question emerges: What is the goal of judicial education for judges? A simple answer springs to mind: To make us better judges, of course. This of course is a deceptively simple question with a deceptively simple answer, until there is an attempt to specifically identify how to accomplish this worthy judicial education goal, and that is where simplicity disappears


Judicial Education And Regulatory Capture: Does The Current System Of Educating Judges Promote A Well-Functioning Judiciary And Adequately Serve The Public Interest?, S. I. Strong Jan 2015

Judicial Education And Regulatory Capture: Does The Current System Of Educating Judges Promote A Well-Functioning Judiciary And Adequately Serve The Public Interest?, S. I. Strong

Journal of Dispute Resolution

First, the Essay considers certain obstacles to research concerning judicial education as a means of determining why more scholars have not sounded an alarm regarding practices in this field (Section II). The Essay then addresses a number of issues relating to the current approach to judicial education to determine whether and to what extent judicial control over this issue can be considered problematic (Section III). That analysis leads logically into a discussion of various ways that the possibility of regulatory capture of judicial education could be diminished (Section IV). Finally, the Essay concludes by drawing together various strands of analysis ...


International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers Jan 2015

International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers

Journal of Dispute Resolution

This essay sketches an account of how investment arbitration affects development of local legal institutions, in particular domestic courts. When investment arbitration is introduced into a local legal environment, it becomes integrated with international commercial arbitration, and often domestic arbitration. This integration occurs because the local economic elites, private law firms, and local businesses that deal with (or compete with) foreign investors and investment arbitration disputes also deal with international commercial matters, international commercial disputes, and domestic arbitration.


Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong Jan 2015

Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong

Journal of Dispute Resolution

Producing well-written reasoned judgments (a term that is used herein to denote both trial court decisions and appellate opinions) is the goal of all members of the bench. Badly written rulings can have significant legal consequences for both the parties, who may incur costs as a result of a need to appeal a poorly worded decision or opinion, and society as a whole, since a poorly drafted precedent may drive the law in an unanticipated and unfortunate direction or lead to increased litigation as individuals attempt to define the parameters of an ambiguous new ruling. As a result, helping judges ...


Judging As Judgment: Tying Judicial Education To Adjudication Theory, Robert G. Bone Jan 2015

Judging As Judgment: Tying Judicial Education To Adjudication Theory, Robert G. Bone

Journal of Dispute Resolution

The thesis of this Article, simply stated, is that judicial education makes sense only against the backdrop of general ideas and beliefs about law, courts, and adjudication. These ideas and beliefs motivate a focus on educating judges and help guide more specific pedagogical choices. I explore this broad thesis from both a historical and a normative perspective. Historically, I argue that interest in judicial education caught fire in the 1960s in large part because of prevailing beliefs about law and the proper function of courts. Normatively, I argue that the connection between judicial education and normative views of courts and ...


Educating Judges—Where To From Here?, Livingston Armytage Jan 2015

Educating Judges—Where To From Here?, Livingston Armytage

Journal of Dispute Resolution

In this article, I present a critique of the emerging global practice of judicial education, which has been established and grown substantially over the past thirty years. There are four challenges relating to vision, pedagogy, knowledge and leadership that confront the continuing development of judicial education.


Judicial Education: Pedagogy For A Change, T. Brettel Dawson Jan 2015

Judicial Education: Pedagogy For A Change, T. Brettel Dawson

Journal of Dispute Resolution

Canadian judges have maintained a steadfast, long-term commitment to judicial education. Through teaching one another, judges renew their vision over time, and more concretely, address their concerns and challenges today. Since its inception in 1985, the National Judicial Institute (NJI) has sought to be a partner and a resource to judges and Courts in a shared endeavour to create relevant, practical, and effective judicial education. Working together, the NJI, judges, and Courts have built a “Canadian model” of judicial education widely respected and emulated.


Patent Prosecution As Dispute Resolution: A Negotiation Between Applicant And Examiner, Jaron Brunner Jan 2014

Patent Prosecution As Dispute Resolution: A Negotiation Between Applicant And Examiner, Jaron Brunner

Journal of Dispute Resolution

The phrase "negotiation is ubiquitous" has been used countless times by negotiation scholars, corporate executives, and cognitive psychologists.' At its most basic level, negotiation is simply a communication between parties when one party wants something from the other. In the legal setting, parties use negotiation to attempt to divide up limited resources, reach a settlement and attempt to execute a contract. Even procedures as mundane as filing for a patent in the United States can, and have been, described as a complex negotiation.4 However, while many practitioners describe responding to the United States Patent and Trademark Office (USPTO) as ...


Escaping From Lawyers' Prison Of Fear, John Lande Jan 2014

Escaping From Lawyers' Prison Of Fear, John Lande

Faculty Publications

Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction ...


Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande Oct 2013

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

Faculty Publications

This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.


Training The Heads, Hands And Hearts Of Tomorrow's Lawyers: A Problem Solving Approach , Lisa A. Kloppenberg Jan 2013

Training The Heads, Hands And Hearts Of Tomorrow's Lawyers: A Problem Solving Approach , Lisa A. Kloppenberg

Journal of Dispute Resolution

I hope this essay on preparing practice-ready graduates is a useful resource for those considering circular reform or for those in legal education undertaking assessment and strategic planning processes. I begin with four goals: (a) to offer a brief synopsis of the two major critiques of legal education which have influenced deeply recent curricular reforms by many law schools and the challenges facing law schools today; (b) to summarize recently published data from the ABA Curriculum Committee on trends in law school curricula, showing some significant areas of reform in legal education over the past decade, and offering some thoughts ...


Educating Law Students For The Practice: If I Had My Druthers , Solomon Oliver Jr. Jan 2013

Educating Law Students For The Practice: If I Had My Druthers , Solomon Oliver Jr.

Journal of Dispute Resolution

I address below those areas which I believe deserve some added attention from law schools, based on my experience with the lawyers who have appeared before me and my law clerks over more than nineteen years.


Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande Jan 2013

Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande

Journal of Dispute Resolution

This article synthesizes some of the main points of the symposium contributors. They covered a wide range of key issues and thus this symposium provides a good overview of the challenges of and options for legal education reform. Of course, given the vast scope of the problems presented, this symposium issue of the Journal of Dispute Resolution cannot provide an all-encompassing analysis nor a comprehensive set of recommendations for reform. We do, however, hope that it will be a useful contribution to the growing movement and literature designed to improve legal education in the U.S. Part II of this ...


Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum , Barbara Glesner Fines Jan 2013

Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum , Barbara Glesner Fines

Journal of Dispute Resolution

The article first examines the politics of curricular reform. Before a law school will be able to increase or improve any skills instruction, the targeted skill must be important to enough to affect the curriculum. For example, sometimes law schools send inconsistent messages about the importance of legal research instruction. While external voices such as ABA accreditation standards and surveys of the practicing bar have long-recognized importance of the skills of legal research, evidence of the importance of the skill in the law school curriculum is mixed. If asked, most faculty members will agree that a given skill, such as ...


Hidden Curriculum Of Legal Education: Toward A Holistic Model For Reform, The, David M. Moss Jan 2013

Hidden Curriculum Of Legal Education: Toward A Holistic Model For Reform, The, David M. Moss

Journal of Dispute Resolution

The following section of this article directly addresses the notion of the hidden curriculum and why this construct is essential for legal educators to consider as they contemplate reforms. Core principles of curriculum theory will then be briefly discussed as a precursor to the subsequent section that addresses the notion of a transdisciplinary curriculum. A transdisciplinary perspective will offer a holistic lens for considering law school curriculum. Finally, such notions as curriculum mapping offer tangible solutions to addressing the challenge of preparing practice-ready graduates in the legal profession.


Cornerstones, Curb Cuts, And Legal Education Reform , Judith Welch Wegner Jan 2013

Cornerstones, Curb Cuts, And Legal Education Reform , Judith Welch Wegner

Journal of Dispute Resolution

This essay seeks to contribute to this dialogue by offering both theoretical and practical observations about legal education reform. This approach reflects the judgment that current efforts to improve legal education will only get so far unless underlying impediments to change that are often invisible become better understood. The essay provides legal educators with theoretical insights from the design, organizational behavior, education, and psychology literature in order to help that process along. Theoretical insights can be hard to apply in the abstract, however. The essay therefore also offers practical recommendations about both small and large actions that might be taken ...


The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight Jan 2010

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight

Faculty Publications

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication ...


Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande Jan 2008

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande

Journal of Dispute Resolution

To examine innovations in legal practice, the University of Missouri Center for the Study of Dispute Resolution and the Journal of Dispute Resolution held a symposium on October 12, 2007, featuring leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. David Hoffman gave an outstanding keynote address, which was followed by two panels of experts. This issue of the Journal of Dispute Resolution presents papers from that symposium was so productive that we did not have time for presentations from some participants and do not have space for all the papers in this ...


Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane Jan 2008

Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane

Journal of Dispute Resolution

In this paper, I shall first briefly examine some of the most significant changes affecting legal practice, especially civil litigation, and ask what adjustments in the professional identity and role of the lawyer these imply or perhaps even require from lawyers. I shall also consider what evidence we have for the evolution of the "new lawyer." I shall then approach these questions from a practice-based perspective, looking specifically at client advocacy, legal negotiation, and the lawyer-client relationship.


Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande Jan 2008

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande

Faculty Publications

This article provides an overview of a symposium sponsored by the University of Missouri Center for the Study of Dispute Resolution in 2007 that featured leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. The authors include David Hoffman, Nancy Welsh, Julie Macfarlane, Richard Shields, Pauline Tesler, Scott Peppet, Forrest ("Woody") Mosten, Jeanne Fahey, Kathy Bryan, Lawrence McLellan, and John Lande. The articles address issues including: teaching law students to "feel" like lawyers and not just "think" like them, using "conflict resolution advocacy" (which is not necessarily oriented to the courts), developing lawyers ...


Working With Len, James E. Westbrook Jul 2006

Working With Len, James E. Westbrook

Journal of Dispute Resolution

Len Riskin joined the MU faculty in 1984. Our faculty had voted in response to a recommendation of Dean Dale Whitman to begin a new emphasis on alternative dispute resolution. My recollection is that we had a group of very capable teachers with a traditional bent. On the other hand, they had an open mind about trying something new and they got along with each other very well. The kind of faculty we had and the leadership provided by Len, Dale Whitman and a few faculty members such as Tim Heinsz enabled us to do something that surprised a lot ...


Reconciling Professional Legal Education With The Evolving (Trial-Less) Reality Of Legal Practice, Julie Macfarlane, John Manwaring Jan 2006

Reconciling Professional Legal Education With The Evolving (Trial-Less) Reality Of Legal Practice, Julie Macfarlane, John Manwaring

Journal of Dispute Resolution

Our focus in this paper is the impact of these trends on legal education, especially professional legal education. What is undeniable is that lawyers (and judges) are more and more involved in legal tasks which are not related to trials. This does not necessarily mean that the practice of law is focused exclusively on settlement activities, although such activities are increasingly important. Pre-trial processes and procedures including motions, discovery and mandatory settlement conferences take up more time than ever before. Lawyers are playing a different role, offering different kinds of service to their clients, and performing different tasks


Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin Jan 2004

Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin

Journal of Dispute Resolution

One of the primary goals of the Center for the Study of Dispute Resolution (CSDR) at the University of Missouri-Columbia School of Law has been to develop innovative and alternative teaching models that prepare law students to be better, more responsive lawyers and to broaden the philosophical maps (or mental models or mind sets) with which they approach their work


Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin Jan 2004

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

Journal of Dispute Resolution

The two mediations in the book Damages, illuminate much about mediation in today's litigation environment - even though they took place in 1993 and each was, in its own way, quite unusual. for that reason - and because we have few good detailed descriptions of real mediations - I have used these two mediations to teach in a variety of settings. First, they served as one of several focuses in the course based on this book, called Damages: A Case Study, that we taught at the University of Missouri-Columbia, School of Law in the winter 2002 and 2003 semesters. In that course ...


Damages: Using A Case Study To Teach Law, Dispute Resolution, And Lawyering , Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin Jan 2004

Damages: Using A Case Study To Teach Law, Dispute Resolution, And Lawyering , Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin

Faculty Publications

Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based ...


On Teaching Mediation, Edwin H. Greenebaum Jul 1999

On Teaching Mediation, Edwin H. Greenebaum

Journal of Dispute Resolution

In this article, I will delineate the issues and explore the implications of resolving them in different ways. Part I develops a taxonomy of variations in models of mediation. In Part II, I analyze choices and constraints in course design. In Part III, I specify the choices I have made in structuring my own course in mediation. I will relate those choices to the context of my school, to my students' backgrounds and interests, and to my competencies and goals. The initial version of this paper was written for my students to read as they entered my course. Pedagogically, the ...


Giving Meaning To The Second Generation Of Adr Education: Attorneys' Duty To Learn About Adr And What They Must Learn, Suzanne J. Schmitz Jan 1999

Giving Meaning To The Second Generation Of Adr Education: Attorneys' Duty To Learn About Adr And What They Must Learn, Suzanne J. Schmitz

Journal of Dispute Resolution

This article explores the need for attorneys to learn about ADR and sets out a basic primer for the second generation of ADR education. Part II of this article details why attorneys have a duty to be educated about ADR. Part IV sets out an ADR primer, with recommended readings, for litigation and transactional attorneys who desire to meet the expectations of the courts and of their clients.


Why We Teach Law Students To Mediate, Kathleen W. Marcel, Patrick Wiseman Jan 1987

Why We Teach Law Students To Mediate, Kathleen W. Marcel, Patrick Wiseman

Journal of Dispute Resolution

It has become fashionable, if it was not always, to find fault with the legal system and those who operate it. For people seeking alternatives to, or substitutes for, the traditional system of justice, mediation and other nonlitigation processes are appealing.' As a general proposition, we are neither advocates for nor opponents of mediation as a process for handling and resolving disputes. Our experiences in observing mediations and in mediating have led us to conclude that there are appropriate and inappropriate uses of mediation as there are appropriate and inappropriate uses of other processes including litigation. Indeed, one of our ...


Clinical Negotiating Achievement As A Function Of Traditional Law School Success And As A Predictor Of Future Negotiating Performance, Charles B. Carver Jan 1986

Clinical Negotiating Achievement As A Function Of Traditional Law School Success And As A Predictor Of Future Negotiating Performance, Charles B. Carver

Journal of Dispute Resolution

This article will explore the degree to which these two basic hypotheses have been substantiated. Statistical comparisons will be made between negotiation course performance and overall law school success. Comparisons of bargained results obtained in a Trial Advocacy class are made between students who had previously taken my Lawyer as Negotiator course and students who had not received such clinical training.