Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ADR Scholarship (3)
- ADR (2)
- Dispute resolution (2)
- Academics (1)
- Alternative dispute resolution (1)
-
- Applicable law (1)
- Arbitration (1)
- Cognition (1)
- Competence (1)
- Complex cases (1)
- Complexity (1)
- Conformity (1)
- Court (1)
- Debate (1)
- Democracy (1)
- Dispute (1)
- Education (1)
- Equity (1)
- Federal Rules of Civil Procedure (1)
- History (1)
- Judges (1)
- Juror (1)
- Litigation (1)
- Negotiation (1)
- Non-Formal Procedure (1)
- Political theory (1)
- Professional responsibility (1)
- Proof (1)
- Reform (1)
- Resolution (1)
Articles 1 - 5 of 5
Full-Text Articles in Legal History
The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards
The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards
Scholarly Works
We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.
This article does not exactly take sides in the typical skills …
Adr: The New Equity, Thomas O. Main
Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse
Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse
Scholarly Works
Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to engage in consensus-building dialogue around contested issues.
However, while …
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
Scholarly Works
No abstract provided.
A More Complete Look At Complexity, Jeffrey W. Stempel
A More Complete Look At Complexity, Jeffrey W. Stempel
Scholarly Works
The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track record in …