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Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley
Faculty Scholarship
The study of comparative law and legal process in any subject area offers the usual advantages of learning about other countries' legal cultures and developing a deeper understanding of one's own legal tradition. In the case of mediation, it is important to evaluate critically what is learned through comparative analysis. Mediation is still developing as a profession; it is newly institutionalized in legal cultures; and, it is relatively new to the canon of legal education. National legal traditions have responded differently to the implementation of mediation. Thus, lawyers must have an understanding of the differences and nuances in mediation law …
Sleight Of Hand, Benjamin C. Zipursky
Sleight Of Hand, Benjamin C. Zipursky
Faculty Scholarship
Thanks to Richard Posner's classic 1972 article, A Theory of Negligence Law, the Hand formula of United States. v. Carroll Towing Co. is perhaps the most central idea of many first-year torts classes today. Students learn that the meaning of negligence should be understood in terms of Judge Learned Hand's formula comparing the costs of taking precautions with the product of the likelihood of injury without those precautions and the magnitude of such injury. There is more than a little irony, however, in the superstar status of the Hand formula in negligence law. Carroll Towing is not a negligence case …