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Full-Text Articles in Law

Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz Feb 2013

Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz

Nancy Schultz

To what degree does legal authority dictate the outcomes of negotiations? Scholars have discussed the issue, and law students argue about it in their negotiation classes. A survey of practicing lawyers reveals that knowing the law is an important part of the preparation for negotiation, but that legal authority is not the primary determinant of negotiated outcomes in practice. Financial constraints, bargaining power, and negotiating skill are all reported as having a greater effect on negotiated outcomes than the law.


Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz Dec 2012

Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz

Nancy Schultz

Advocacy skills are crucial to law students and lawyers. One of the ways law students develop those skills is in the context of lawyering skills competitions. Coaching advocacy teams is something many of us do by instinct and experience. This article explores whether there is any psychological research that might offer more systematic guidance for advocacy coaches. Positive psychology does offer some principles that suggest useful approaches to coaching. Taken together with the aforementioned instinct and experience, these principles can help coaches be more effective in training young lawyers for litigation and dispute resolution practice.


Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz Aug 2012

Lessons From Positive Psychology For Developing Advocacy Skills, Nancy Schultz

Nancy Schultz

Advocacy skills are crucial to law students and lawyers. One of the ways law students develop those skills is in the context of lawyering skills competitions. This article explores whether there is any psychological research that might offer more systematic guidance for advocacy coaches and instructors. Positive psychology does offer some principles that suggest useful approaches to coaching and teaching advocacy. Taken together with instinct and experience, these principles can help coaches and advocacy instructors be more effective in training young lawyers for litigation and dispute resolution practice.


The Science Of Coaching Advocates: Is There Any?, Nancy Schultz Feb 2012

The Science Of Coaching Advocates: Is There Any?, Nancy Schultz

Nancy Schultz

This article investigates whether psychological research can assist coaches of advocacy teams in various contexts. It concludes that the principles of positive psychology and related fields, along with experience, can lead to effective coaching strategies that will help students develop lifelong advocacy skills


Persuasive Legal Writing, Nancy Schultz, Louis Sirico Dec 2010

Persuasive Legal Writing, Nancy Schultz, Louis Sirico

Nancy Schultz

No abstract provided.


Legal Writing And Other Lawyering Skills, Nancy Schultz, Louis Sirico Dec 2009

Legal Writing And Other Lawyering Skills, Nancy Schultz, Louis Sirico

Nancy Schultz

No abstract provided.


Legal Research, Nancy Schultz, Louis Sirico Dec 2000

Legal Research, Nancy Schultz, Louis Sirico

Nancy Schultz

No abstract provided.


Building A Professional Community, Nancy Schultz Dec 1996

Building A Professional Community, Nancy Schultz

Nancy Schultz

We hear much talk about the lack of professionalism among lawyers and law students, and what should be done about it. This paper posits the idea that a truly professional community needs to be built from the ground up, out of a shared sense of community values.


How Do Lawyers Really Think?, Nancy Schultz Dec 1991

How Do Lawyers Really Think?, Nancy Schultz

Nancy Schultz

Law professors like to say that law school teaches students how to think like lawyers. But does reading appellate decisions and engaging in Socratic dialogue really do that? Lawyers think about a wide range of problems in a wide range of contexts, and this article argues that law school should reflect the broader context in which lawyers work.