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Full-Text Articles in Law
Book Review: The Conflict Paradox: Seven Dilemmas At The Core Of Disputes By Bernie Mayer, Kelly Browe Olson
Book Review: The Conflict Paradox: Seven Dilemmas At The Core Of Disputes By Bernie Mayer, Kelly Browe Olson
Faculty Scholarship
Bernie Mayer's latest book is an excellent journey into seven key dilemmas in conflict. Mayer devotes a chapter to each of the following dilemmas: Competition and Cooperation, Optimism and Realism, Avoidance and Engagement, Principle and Compromise, Emotions and Logic, Impartiality and Advocacy, and Autonomy and Community. In this review, I suggest that the book is a thorough guide through seemingly diverse and opposing conflict theories. I go through each chapter and detail how Mayer sees these concepts as interwoven instead of oppositional. He walks his readers through what have been thought of as distinctive, even opposing, approaches, theories, and concepts …
Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas
Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Book Review, Anna Spain
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Faculty Publications
The combination of arbitration and constitutional law is the topic of Professor Peter Rutledge's new book, and the focus of this review essay, which will consider, among other things, whether these two subjects are compatible.
Building The Emotionally Learned Negotiator, Erin Ryan
Building The Emotionally Learned Negotiator, Erin Ryan
Erin Ryan
This essay reviews three recent books on the significance of emotion in negotiation and dispute resolution (Fisher & Shapiro: BEYOND REASON: USING EMOTIONS AS YOU NEGOTIATE; Peter Ladd: MEDIATION, CONCILIATION AND EMOTION: A PRACTITIONER’S GUIDE FOR UNDERSTANDING EMOTIONS IN DISPUTE RESOLUTION; and Lacey Smith: GET IT! STREET-SMART NEGOTIATION AT WORK: HOW EMOTIONS GET YOU WHAT YOU WANT), situating each work within a theory of practice for emotionally learned negotiators. After discussing the how the appearance of emotional sterility became synonymous with “professionalism” (and the toll this has taken on professional interaction), the piece sets forth a functional theory of emotion …
Damages As Narrative, Melody Richardson Daily
Damages As Narrative, Melody Richardson Daily
Journal of Dispute Resolution
Let's begin with a thought experiment. Imagine that the year is 2030 and you are a successful attorney. One day you receive a call from a legal scholar who tells you that she is writing a book about legal education at the beginning of the twenty-first century, and she invites you to contribute a chapter. She explains that your chapter should be twenty to thirty pages long, but that the content is entirely up to you. Because you enjoy writing, you agree to write the chapter.
Damages: The Litigation Environment, Stephen D. Easton
Damages: The Litigation Environment, Stephen D. Easton
Journal of Dispute Resolution
Damages' is, at least in part, the story of a lawsuit. In some ways, it is a fairly typical lawsuit. In other ways, it is rather unusual, due to the significant damages potential of the suit. Therefore, some of the lessons to be learned from the story of this lawsuit may be applicable to lawsuits in general or, at least, to "typical" civil suits, while others may not.
Book Review, S. James Anaya