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Articles 1 - 16 of 16
Full-Text Articles in Law
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Robert J. Condlin
After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …
"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin
"Practice Ready Graduates": A Millennialist Fantasy, Robert J. Condlin
Robert J. Condlin
The sky is falling on legal education say the pundits, and preparing “practice ready” graduates is one of the best strategies for surviving the fallout. This is a millennialist version of the argument for clinical legal education that dominated discussion in the law schools in the 1960s and 1970s. The circumstances are different now, as are the people calling for reform, but the two movements are alike in one respect: both view skills training as legal education’s primary purpose. Everything else is a frolic and detour, and a fatal frolic and detour in hard times such as the present. No …
Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin
Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin
Robert J. Condlin
No abstract provided.
The Curious Case Of Transformative Dispute Resolution: An Unfortunate Marriage Of Intransigence, Exclusivity, And Hype, Robert J. Condlin
The Curious Case Of Transformative Dispute Resolution: An Unfortunate Marriage Of Intransigence, Exclusivity, And Hype, Robert J. Condlin
Robert J. Condlin
Why do proponents of Transformative Dispute Resolution (TDR) defend the Theory in such intransigent, exclusivist, and grandiose terms? TDR is a mature theory, and a relatively sophisticated one, and qualities of this sort usually go hand in hand with a balanced, refined, and well-modulated sense of self. But TDR proponents will have none of that. They make ambitious (some would say outlandish) assertions about the Theory’s capacity to develop moral and political character, reform deliberative government, and resolve ethno-political conflict, while simultaneously rejecting overtures from sympathetic outsiders to rein in the overstated aspects of these claims and craft a more …
Bargaining Without Law, Robert J. Condlin
Bargaining Without Law, Robert J. Condlin
Robert J. Condlin
Like a professional athlete on growth hormones, legal bargaining scholarship has transformed itself over the years. Once an amateurish assortment of war stories and folk tales, now it is a hulking behemoth of social science surveys and studies. There is a lot to like in this transformation. Much of the new writing is insightful, sophisticated, and spirited, with things to tell even the most experienced bargainer. But it also is missing something important: law. Bargaining scholars now routinely write about dispute settlement as if the strength of the parties’ competing legal claims is of no consequence. Rarely do they discuss …
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Robert J. Condlin
In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
Robert J. Condlin
In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …
The Moral Failure Of Clinical Legal Education, Robert J. Condlin
The Moral Failure Of Clinical Legal Education, Robert J. Condlin
Robert J. Condlin
No abstract provided.
Clinical Education In The Seventies: An Appraisal Of The Decade, Robert J. Condlin
Clinical Education In The Seventies: An Appraisal Of The Decade, Robert J. Condlin
Robert J. Condlin
Presentation to the Clinical Section of the Association of American Law Schools.
"Every Day And In Every Way, We Are Becoming Meta And Meta:" Or How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
"Every Day And In Every Way, We Are Becoming Meta And Meta:" Or How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
Robert J. Condlin
Debate over the relative merits of communitarian and adversarial theories of dispute negotiation has pre-occupied legal bargaining scholarship for at least twenty years. Seen as a negotiation, this debate makes it clear that communitarians are by far the better bargainers. In a move one might think more characteristic of adversarial bargainers, communitarians changed the definition of bargaining effectiveness by reconstituting the world in which bargaining operates (the meta move of the title – in communitarian terms they “changed the game by changing the frame”), and in the process made adversarial bargaining obsolete. Many of the arguments and maneuvers used in …
"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin
"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin
Robert J. Condlin
Commentators frequently claim that there is no single, coherent doctrine of extra-territorial personal jurisdiction, and, unfortunately, they are correct. The International Shoe case, commonly (but inaccurately) thought of as the wellspring of the modern form of the doctrine, announced a relatively straightforward, two-factor, four-permutation test that worked well for resolving most cases. In the nearly sixty-year period following Shoe, however, as the Supreme Court expanded and refined the standard, what was once straightforward and uncomplicated became serendipitous and convoluted. Two general, and generally incompatible, versions of the doctrine competed for dominance. The first, what might best be described as a …
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin
Robert J. Condlin
No abstract provided.
"What's Really Going On?" A Study Of Lawyer And Scientist Inter-Disciplinary Discourse, Robert J. Condlin
"What's Really Going On?" A Study Of Lawyer And Scientist Inter-Disciplinary Discourse, Robert J. Condlin
Robert J. Condlin
No abstract provided.
Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin
Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin
Robert J. Condlin
No abstract provided.
"Cases On Both Sides": Patterns Of Argument In Legal Dispute-Negotiation, Robert J. Condlin
"Cases On Both Sides": Patterns Of Argument In Legal Dispute-Negotiation, Robert J. Condlin
Robert J. Condlin
No abstract provided.
Socrates' New Clothes: Substituting Persuasion For Learning In Clinical Practice Instruction, Robert J. Condlin
Socrates' New Clothes: Substituting Persuasion For Learning In Clinical Practice Instruction, Robert J. Condlin
Robert J. Condlin
No abstract provided.