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Full-Text Articles in Law
Principles For Policymaking About Collaborative Law And Other Adr Processes, John Lande
Principles For Policymaking About Collaborative Law And Other Adr Processes, John Lande
John Lande
This Article articulates a set of principles for policymaking about “alternative dispute resolution” (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decisionmaking. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as needed. …
Lawyer Personality Traits And Their Relationship To Various Approaches To Lawyering, Susan Daicoff
Lawyer Personality Traits And Their Relationship To Various Approaches To Lawyering, Susan Daicoff
Susan Daicoff
No abstract provided.
Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Gionfriddo
Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Gionfriddo
Jane Kent Gionfriddo
In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction's law at a particular point in time; in reality, however, many lawyers aren't able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don't necessarily use this skill to …