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Articles 31 - 60 of 173
Full-Text Articles in Legal Profession
Volume 33, Issue 2 (Fall 2009)
Volume 33, Issue 1 (Spring 2009)
The Uniform Collaborative Law Act's Contribution To Informed Client Decision Making In Choosing A Dispute Resolution Process, John M. Lande, Forrest Steven Mosten
The Uniform Collaborative Law Act's Contribution To Informed Client Decision Making In Choosing A Dispute Resolution Process, John M. Lande, Forrest Steven Mosten
Faculty Publications
This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties. To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements. This …
Research In International Commercial Arbitration: Special Skills, Special Sources, S. I. Strong
Research In International Commercial Arbitration: Special Skills, Special Sources, S. I. Strong
Faculty Publications
Experts agree that international commercial arbitration relies far more heavily on written advocacy than litigation does, yet very few practitioners and arbitrators have ever received any specialized training in how to research and present written arguments in this unique area of law. Newcomers to the field are particularly disadvantaged, since the legal authorities used in international commercial arbitration are unique and novices often do not know how to find certain materials, if they are even aware that these items exist. This article helps deepen the understanding of the practice of international commercial arbitration by describing how experienced international advocates and …
Volume 32, Issue 2 (Fall 2008)
Volume 32, Issue 1 (Spring 2008)
An Appreciation Of Marc Galanter's Scholarship, John M. Lande
An Appreciation Of Marc Galanter's Scholarship, John M. Lande
Faculty Publications
This brief essay highlights three of Marc Galanter's works to illustrate qualities that seem especially worth emulating. Galanter's classic article, Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change, focuses on how the legal system actually operates in daily life and challenges a conventional wisdom that simply providing have-nots with more lawyers would substantially reduce inequality. The article is particularly relevant to the dispute resolution field, focusing on the vast majority of legally-oriented behavior that occurs outside of court. It distinguishes truly private dispute resolution (such as self-help, withdrawal from relationships, and intra-group processes) from settlement …
Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande
Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John M. Lande
Faculty Publications
This article provides an overview of a symposium sponsored by the University of Missouri Center for the Study of Dispute Resolution in 2007 that featured leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. The authors include David Hoffman, Nancy Welsh, Julie Macfarlane, Richard Shields, Pauline Tesler, Scott Peppet, Forrest ("Woody") Mosten, Jeanne Fahey, Kathy Bryan, Lawrence McLellan, and John Lande. The articles address issues including: teaching law students to "feel" like lawyers and not just "think" like them, using "conflict resolution advocacy" (which is not necessarily oriented to the courts), developing lawyers' …
Volume 31, Issue 2 (Fall 2007)
Volume 31, Issue 1 (Spring 2007)
Judging Judges And Dispute Resolution Processes, John M. Lande
Judging Judges And Dispute Resolution Processes, John M. Lande
Faculty Publications
This article critiques Professor Chris Guthrie's lead symposium article entitled, "Misjudging." Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of "blinders" and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly facilitative mediation and arbitration.This article critiques both arguments. It notes that, although Guthrie presents evidence that judges do make the kinds of errors that he describes, his article does not address …
Reflections On Leadership, Robert H. Jerry Ii
Reflections On Leadership, Robert H. Jerry Ii
Faculty Publications
When I first sought to become more familiar with the available academic literature on leadership a few years ago, I encountered servant-leadership theory and the writings of Robert Greenleaf. In those materials I found a much more developed articulation of this philosophy, and it is the essence of that philosophy of leadership that I embrace. Stated succinctly, leadership has its roots in service, and effective leadership is based on service to others. Effective leadership comes from the desire to put the well-being of others first-whether they are students, faculty, employees, customers, or community-and to give priority to the interests of …
Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande
Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande
Faculty Publications
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 decision making. 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 …
Volume 30, Issue 2 (Fall 2006)
Volume 30, Issue 1 (Spring 2006)
Volume 29, Issue 2 (Fall 2005)
Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond
Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond
Faculty Publications
The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.
Volume 29, Issue 1 (Spring 2005)
Volume 28, Issue 2 (Fall 2004)
Volume 28, Issue 1 (Spring 2004)
Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional?, Rodney J. Uphoff
Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional?, Rodney J. Uphoff
Faculty Publications
This essay begins, therefore, by briefly examining the question of what constitutes good lawyering. The essay acknowledges the difficulty of defining precisely what is good lawyering. In fact, scholars, judges, and lawyers often disagree markedly when they characterize lawyer behavior using the term. Not surprising, then, even though academic commentators routinely trumpet the importance of establishing a meaningful attorney-client relationship as an important aspect of good lawyering, not all in the legal profession embrace that view.8Indeed, the debate about the importance of a good lawyer-client relationship largely reflects contrasting attitudes within the legal profession about the client's role in the …
Volume 27, Issue 2 (Fall 2003)
Volume 27, Issue 1 (Spring 2003)
Volume 26, Issue 2 (Fall 2002)
Volume 26, Issue 1 (Spring 2002)
Volume 24, Issue 1 (Winter 2001)