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University of Missouri School of Law

2007

Articles 121 - 135 of 135

Full-Text Articles in Law

When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters Jan 2007

When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters

Journal of Dispute Resolution

This article examines whether the punch line that you can tell when lawyers are lying by confirming that their lips are moving applies to their conduct when negotiating in mediations. General surveys of lawyer honesty suggest that this perception probably does apply to the way lawyers negotiate in mediations. Only 20% of people surveyed in a 1993 American Bar Association poll described the legal profession as honest, and that number fell to 14% in a 1998 Gallup poll.' A more recent poll revealed that one-third of the American public believes that lawyers are less truthful than most people.

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Beyond The Assumptions: News Reporting And Its Impact On Conflict, Richard C. Reuben Jan 2007

Beyond The Assumptions: News Reporting And Its Impact On Conflict, Richard C. Reuben

Journal of Dispute Resolution

This symposium seeks to bridge this important gap in our social understanding of conflict by stimulating a sustained discussion among scholars about its contours. The task is important and timely, worthy of effort on both the media and the conflict sides of the equation.

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Social Conflict: Some Basic Principles, Dean G. Pruitt Jan 2007

Social Conflict: Some Basic Principles, Dean G. Pruitt

Journal of Dispute Resolution

The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …

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News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod Jan 2007

News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod

Journal of Dispute Resolution

Past research on media coverage of social protests has yielded evidence of a protest paradigm: a set of news coverage patterns that typifies mainstream media coverage. This coverage generally disparages protesters and hinders their role as vital actors on the political stage. The lack of respect for the value of social protest inherent in such coverage has created frustration among the protesters, which has in turn contributed to dysfunctional confrontations. However, under certain conditions, journalists will deviate from the protest paradigm. Such aberrations were found in the Los Angeles Times' coverage of the May 1, 2006, "Day without Immigrants" demonstrations. …

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Communication Channels, Spatial Stereotyping, And Urban Conflict: A Cross-Scale And Spatio-Temporal Perspective, Sorin A. Matei, Sandra Ball-Rokeach, Stefan Ungurean Jan 2007

Communication Channels, Spatial Stereotyping, And Urban Conflict: A Cross-Scale And Spatio-Temporal Perspective, Sorin A. Matei, Sandra Ball-Rokeach, Stefan Ungurean

Journal of Dispute Resolution

Our research addresses how individuals exposed to various types of communication situations-from face-to-face to Internet environments-are more or less likely to react to urban locations with fear or to find them desirable. The present article summarizes what we have learned from a number of research projects about the effects of communication practices on spatial and ethnic stereotyping in conditions of violent urban conflict and will offer a number of recommendations for mitigating the negative effects of these processes.

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Media, Memory, And Forgiveness: Case Studies In South Africa And Argentina's Conflict Resolution Processes, Byron T. Scott, Caroline Escudero, Anya Litvak Jan 2007

Media, Memory, And Forgiveness: Case Studies In South Africa And Argentina's Conflict Resolution Processes, Byron T. Scott, Caroline Escudero, Anya Litvak

Journal of Dispute Resolution

Studies of conflict frames' customarily include neither mid- to long-term resolution nor the role of the media in that healing process. In theory, the formal reconciliation processes that have followed internal conflicts in many nations provide resolution and a pathway to long-term healing. But do they? As the chief cultural guardians of national memories, what is the role of the media? Between the spikes of crisis reporting, are there persistent frames of journalistic messages that affect how ever-receding events are viewed by new generations? This paper looks at media behavior in two contrasting nations, Argentina and South Africa, while arguing …

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Eleven Bid Ideas About Conflict: A Superficial Guide For The Thoughtful Journalist, Leonard L. Riskin Jan 2007

Eleven Bid Ideas About Conflict: A Superficial Guide For The Thoughtful Journalist, Leonard L. Riskin

Journal of Dispute Resolution

In case you are wondering how something like this could possibly be reported in a local newspaper, I can tell you two reasons: First, the story takes place in Columbia, Missouri, a small town with a big journalism school and two daily newspapers; these factors combine to produce hordes of desperate reporters and reporting students.' Second, as I show below, if the reporter has sophisticated vision, this case has the potential to provide a good deal of valuable material.

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Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa Jan 2007

Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa

Journal of Dispute Resolution

This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …

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Little Fish In A Big Sea: Should Consumer Protection Statutes Override Class Arbitration Waivers, A, Thomas Wilmowski Jan 2007

Little Fish In A Big Sea: Should Consumer Protection Statutes Override Class Arbitration Waivers, A, Thomas Wilmowski

Journal of Dispute Resolution

As arbitration agreements have become increasingly commonplace in dealings between large companies and their subscribers, courts have taken a strong interest in protecting consumer rights. As part of this protection, courts have to apply federal statutes, protecting the right to treble damages and recovery of attorney's fees in the context of mass arbitration agreements. The difficulty comes in attempting to allow companies to exercise their freedom of contract while protecting consumers with little bargaining power. Although other courts have largely favored arbitration, and upheld its applicability, a clash remains between consumer protection statutes and the waiver of those statutory rights …

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Let's Get Together: An Analysis Of The Applicability Of The Rules Of Professional Conduct To Collaborative Law, Brian Roberson Jan 2007

Let's Get Together: An Analysis Of The Applicability Of The Rules Of Professional Conduct To Collaborative Law, Brian Roberson

Journal of Dispute Resolution

It is the purpose of this comment to explore some of the major areas in which the Model Rules of Professional Conduct and a typical collaborative law arrangement may intersect, and to discuss the differences of opinion among the few state ethics committees that have commented on collaborative law. A deeper understanding of the relationship between the collaborative lawyer, the legal system, and society at large should help to foster greater awareness of the duties and responsibilities inherent in lawyer-client relationships created under the collaborative rubric.

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Too Many Motions For Vacatur Of Commercial Arbitration Awards - The Eleventh Circuit Sanctions Unwary Litigants, Christopher Mckinney Jan 2007

Too Many Motions For Vacatur Of Commercial Arbitration Awards - The Eleventh Circuit Sanctions Unwary Litigants, Christopher Mckinney

Journal of Dispute Resolution

In B.L. Harbert Int'l. v. Hercules Steel Co., the Eleventh Circuit Court of Appeals seemed angered by what they deemed to be another frivolous appeal of a commercial arbitration award. Upon this provocation, the court warned litigants that future baseless appeals would be met with sanctions. By making sanctions a real threat, the court has attempted to promote some goals of arbitration, including finality, but any benefits derived may be offset by the increased confusion the holding has created. Further, the court's mandate represents a divergence from Eleventh Circuit precedent, as past decisions indicated a willingness to hear new arguments …

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News Coverage, The Expansion Of Discourse, And Conflict, Philip Seib Jan 2007

News Coverage, The Expansion Of Discourse, And Conflict, Philip Seib

Journal of Dispute Resolution

The universe of news cultures--comprising providers and consumers-has never been static. It perpetually evolves, sometimes in small increments, sometimes with dazzling leaps. We are now in one of the latter phases, with new technologies driving change at high speed. This alteration of the news universe is a mix of reshaping and expansion, and it has a profound effect on social and political life throughout much of the world. It has particular impact on how policy makers and the public evaluate and respond to conflict.

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Table Of Contents - Issue 2 Jan 2007

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

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Changes In Conflict Framing In The News Coverage Of An Environmental Conflict, Linda L. Putnam, Martha Shoemaker Jan 2007

Changes In Conflict Framing In The News Coverage Of An Environmental Conflict, Linda L. Putnam, Martha Shoemaker

Journal of Dispute Resolution

This article examines the role of media and conflict framing in four major turning points of an environmental controversy. In particular, it focuses on the media's role in defining the dispute and altering the naming and blaming among constituents during these turning points. It also examines how these changes relate to escalation and de-escalation of the conflict.

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Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah Jan 2007

Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah

Journal of Dispute Resolution

News media are an important source of cultural production and information. Their representation of the social world provides explanations, descriptions, and frames for understanding how and why the world works as it does. In media studies, "frames" refer to the perspectives on, or interpretation of, current events provided by news coverage. Frames are complex and overlapping, existing in a single news article or within an entire body of news coverage. Multiple and opposing frames may exist simultaneously. Frames are built up from the choices reporters make in terms of language use, source selection, and story organization. In their coverage of …

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