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Full-Text Articles in Law
Lainey Feingold’S Book On Structured Negotiation, John Lande
Lainey Feingold’S Book On Structured Negotiation, John Lande
Faculty Blogs
This post discusses Lainey Feingold’s book, Structured Negotiation – A Winning Alternative to Lawsuits. Lainey is a disability rights lawyer who uses a process for successfully negotiating cases without filing lawsuits. The book is a nuts-and-bolts guide for using her process.
Bad Decisions To Go To Trial, John Lande
Bad Decisions To Go To Trial, John Lande
Faculty Blogs
This post describes an extreme example of a very common pattern of over-confident litigation risk assessments. Target Corporation was hit with a $4.6 million verdict after rejecting a $12,000 demand on behalf of a child who was stuck with a hypodermic needle in a Target parking lot. Target had offered only $750.
Big New Study On Necessary Lawyering Skills, John Lande
Big New Study On Necessary Lawyering Skills, John Lande
Faculty Blogs
This post summarizes the “Foundations of Practice” survey of lawyers which identifies “foundations” that lawyers need soon after graduation. These include communication, emotional and interpersonal intelligence, passion, ambition, professionalism, and other qualities and talents. Almost all of the items on the list refer to personal qualities that law schools don’t emphasize in their curricula. By contrast, law schools focus on things that only small proportions of the lawyers think are necessary soon after graduation.
Negotiation Symposium Virtual Book Club, John M. Lande
Negotiation Symposium Virtual Book Club, John M. Lande
Faculty Blogs
As part of the Tower of Babel Symposium, speakers suggested publications providing useful insights about negotiation. The author conducted conversations with the speakers, which are collected in this post.
Book Review: Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals, S. I. Strong
Book Review: Challenges And Recusals Of Judges And Arbitrators In International Courts And Tribunals, S. I. Strong
Faculty Publications
The proliferation of international courts and tribunals over the last few decades has made it increasingly important to ensure that such proceedings are entirely above reproach. In particular, questions have arisen about what should be done in cases where a judge’s or arbitrator’s continued presence threatens the legitimacy of the proceedings. As fundamental as this question is, very little has been written about the standards for challenge and removal of such officials. Fortunately, Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, a new collection of essays edited by Chiara Giorgetti, Associate Professor of Law at the …
Where The “Puck” Is Going – And What Faculty Should Do To Help Students Get There, John Lande
Where The “Puck” Is Going – And What Faculty Should Do To Help Students Get There, John Lande
Faculty Blogs
This post summarizes presentations and discussion at a program of the ABA Section of Dispute Resolution’s annual Legal Educators’ Colloquium. The conversation addressed anticipated changes that might affect legal and dispute resolution practice, how practice might change as a result, and how these changes could affect people’s teaching.
Easy Assignment To Promote Law Students’ Apprenticeship Of Identity, John Lande
Easy Assignment To Promote Law Students’ Apprenticeship Of Identity, John Lande
Faculty Blogs
This post describes an assignment in which students were required to review several law firm websites and write a homepage for the kind of practice that they would like to be part of. The post includes the assignment, which faculty are welcome to use or adapt.
Remedy Realities In Business-To-Consumer Contracting, Amy J. Schmitz
Remedy Realities In Business-To-Consumer Contracting, Amy J. Schmitz
Faculty Publications
Professor Jean Braucher greatly contributed to the exploration of consumer and contract law by questioning how the law operates in the real world and highlighting the importance of “law in action.” In recognition of that contribution, this Article focuses on law in action with respect to consumers’ quest to obtain remedies regarding their business-to-consumers (“B2C”) contracts. Currently, consumers often have no practical recourse with respect to B2C purchase problems due to the complexity, cost, and inconvenience of the processes for obtaining remedies. Accordingly, stated legal rights become meaningless for individuals living in the real world. This Article, therefore, explores access …
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Faculty Publications
For decades, parties, practitioners and policymakers have believed arbitration to be the best if not only realistic means of resolving cross-border business disputes. However, the hegemony of international commercial and investment arbitration is currently being challenged in light of rising concerns about increasing formalism in arbitration. As a result, the international community has sought to identify other ways of resolving these types of complex commercial matters, with mediation reflecting the most viable option. Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) …
International Implications Of The Will As An Implied Unilateral Arbitration Contract, S. I. Strong
International Implications Of The Will As An Implied Unilateral Arbitration Contract, S. I. Strong
Faculty Publications
In his article, The Will As An Implied Unilateral Arbitration Contract, Professor Gary Spitko offers an intriguing and innovative argument about how arbitration provisions in wills can be enforced even over the objection of a beneficiary and even in cases where the beneficiary seeks to set aside the will in its entirety. While I do not agree with all of the assertions in that Article (for example, the conclusion that "a consensus is developing that a testator may not compel arbitration of contests to her will"' appears somewhat premature, given a number of probate cases not discussed by Professor Spitko …