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Full-Text Articles in Law

Two For The Price Of One Is A Costly Choice: The Ethical Issues For Lawyer-Mediators Who Consider Drafting Agreements, Elayne E. Greenberg Jan 2010

Two For The Price Of One Is A Costly Choice: The Ethical Issues For Lawyer-Mediators Who Consider Drafting Agreements, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Should a lawyer who serves as a mediator for two unrepresented parties also draft the resulting agreement if both mediating parties request the lawyer to do so? On June 30, 2010, the ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance (hereinafter “The Committee”) issued Ethics Opinion SODR-2010-1 “Mediator’s Duty of Care When Drafting Agreements.” This ethics opinion calls into question the blurry ethical contours between lawyering and mediation when mediating with pro se parties. In this column, I will review the Committee’s ethics opinion and then, applying the New York Rules of Professional Conduct, discuss the potential …


Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian Jan 2010

Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian

Faculty Publications

Although American scholarship has begun to address both Christian and Islamic jurisprudence in a serious way, virtually none of the literature attempts to compare the place of law in these two world religions. This Essay begins to compare Islamic and Christian conceptions of law and suggests some implications for contemporary debates about religious dispute settlement. Islam and Christianity are subtle and complex religions. Each has competing strands; each has evolved over millennia and expressed itself differently over time. Moreover, although systematic treatments of Islamic law are beginning to appear in English, much remains available only in languages, like Arabic, that …


Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg Jan 2010

Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg

Faculty Publications

Children, adult survivors, and their batterers who remain engaged in violence, even after they live apart, are living legacies of the historical perniciousness of domestic violence, a legacy that must change. True, over the past thirty years the politicization of domestic violence has raised public awareness, spurred legislative reforms, and propelled court innovations. However, the children, survivors, and batterers who still live domestic violence after divorce know all too well that all of our political advancements, legal victories, court innovations, and social awareness have not stopped the violence they live within their day-to-day lives. For many of these families, an …


Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg Jan 2010

Dispute Resolution Lessons Gleaned From The Arrest Of Professor Gates And "The Beer Summit", Elayne E. Greenberg

Faculty Publications

America's fantasy of a post-racial society was shattered on July 16,2009, when a white police officer arrested Harvard Professor Henry Louis Gates, a well-respected African-American academic, in his own home. Our historical racial fissure was widened. Once again, our thoughts were plagued with tortured images of our system of racialized law enforcement: the torture of Abner Louima, the beating of Rodney King, the killing of Amadou Diallo. Predictably, Americans became further polarized, as they simultaneously blamed and defended responses to racism.

In what was perceived by some as a dramatic and unanticipated turn of events, and perceived by others as …


Should There Be A Rule Compelling Adr? Follow The Road Where A Thousand Flowers May Grow, Elayne E. Greenberg Jan 2010

Should There Be A Rule Compelling Adr? Follow The Road Where A Thousand Flowers May Grow, Elayne E. Greenberg

Faculty Publications

(Excerpt)

"One day Alice came to a fork in the road and saw a Cheshire cat in a tree. 'Which road do I take?' she asked. 'Where do you want to go?' 'I don’t know,' Alice answered. 'Then,' said the cat, 'it doesn’t matter.'" So too, in 1994 NYS reached the proverbial fork in road as our state continued its foray into dispute resolution. Which road should New York State proceed down to promote the development of ADR in our state? Should New York State adopt a mandatory rule compelling ADR or should New York State embrace a more voluntary …