Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Leonard Riskin
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Leonard Riskin
Leonard L Riskin
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based on his …
The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin
The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin
Leonard L Riskin
This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work. Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to …
Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards
Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards
Scholarly Works
In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is …
Online Alternative Dispute Resolution And Why Law Schools Should Prepare Future Lawyers For The Online Forum, Jordan Goldberg
Online Alternative Dispute Resolution And Why Law Schools Should Prepare Future Lawyers For The Online Forum, Jordan Goldberg
Pepperdine Dispute Resolution Law Journal
Goldberg discusses traditional law school curriculums and how the addition of ADR courses has supplemented the traditional law school curriculum in a way that helps law schools achieve educational and academic recommendations, suggested by various studies including the Carnegie Report and the Best Practices for Legal Education. The author then shows that the effects of globalization and the increased use of technology in daily life have caused a higher demand for OADR in legal practice. Further, because there is a growing use of technology in K-12 curriculums and the nation’s youth are becoming more technologically savvy every year, it is …
Escaping From Lawyers' Prison Of Fear, John Lande
Escaping From Lawyers' Prison Of Fear, John Lande
Faculty Publications
Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction …
Patent Prosecution As Dispute Resolution: A Negotiation Between Applicant And Examiner, Jaron Brunner
Patent Prosecution As Dispute Resolution: A Negotiation Between Applicant And Examiner, Jaron Brunner
Journal of Dispute Resolution
The phrase "negotiation is ubiquitous" has been used countless times by negotiation scholars, corporate executives, and cognitive psychologists.' At its most basic level, negotiation is simply a communication between parties when one party wants something from the other. In the legal setting, parties use negotiation to attempt to divide up limited resources, reach a settlement and attempt to execute a contract. Even procedures as mundane as filing for a patent in the United States can, and have been, described as a complex negotiation.4 However, while many practitioners describe responding to the United States Patent and Trademark Office (USPTO) as a …