Legal Profession Commons^™

Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy

Pepperdine Dispute Resolution Law Journal

This article identifies the basis and limits of the parties' abilities to define and enforce discovery in an ex ante contract. Despite the deficiencies of litigation, the free, public dispute resolution forum of the civil justice system provides significant value in commercial disputes. That value can be used to maximum mutual advantage only if parties replace the infinite discovery permitted in conventional litigation with the finite discovery contracted in Economical Litigation Agreement (ELA) litigation. This article will help parties to understand the benefit and enforceability of the ELA.

Keynote Address: Civil Justice At A Crossroads , Rebecca Love Kourlis

Pepperdine Dispute Resolution Law Journal

I really do believe that, as your title suggests, the civil justice system is at a crossroads and that, as a result, we all have new opportunities and old responsibilities. Four years ago, concerns about skyrocketing costs, unprofessional gamesmanship, and long delays in civil litigation were the stuff of grousing and shoulder shrugs. We all had a level of fatalism or cynicism about our inability to change any of those factors. Now, that is not true. There is a window of opportunity that has opened-a convergence of various forces resulting in a willingness of decision-makers to consider change. As a …

A Call To Action: A Client-Centered Evaluation Of Collaborative Law, Alexandria Zylstra

Pepperdine Dispute Resolution Law Journal

This paper will first examine the process of collaborative law, from deciding to hire a collaborative lawyer to the disqualification agreement, as well as identifying potential dangers for the client, including an analysis of collaborative law utilizing the negotiation theory of Roger Fisher and William Ury's book Getting to Yes. The second part of the paper will examine how collaborative law literature evaluates and critiques the costs and benefits of collaborative law. This paper ultimately finds that the cost-benefit analysis either stems from small, non-controlled studies or personal anecdotes, or discussions of whether collaborative law complies with ethics rules, …

The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir

Pepperdine Dispute Resolution Law Journal

The issue I shall discuss in this article is whether the concept of mediator neutrality advances the empowering and effective participation of parties from disadvantaged groups. Section II will deal with the relationship between the concept of neutrality in the adversarial legal process, in the mediation process, and the concept of procedural justice. I shall then present the meanings ascribed to the concept of mediator neutrality in the two prevailing models of mediation: the problem-solving model and the transformative model. The affinity between these meanings and the concept of judicial impartiality will be discussed and critiqued. Finally, I shall suggest …

The Truth Shall Set You Free: A Distinctively Christian Approach To Deception In The Negotiation Process, Al Sturgeon

Pepperdine Dispute Resolution Law Journal

This paper examines whether the Christian religion offers a distinct position on the use of deception in the negotiation process. It is expected to be of primary interest to Christian negotiators, but combining the popularly understood theorem that "everyone negotiates on some level" with the fact that there are over 173 million Christian adherents in the United States alone, the topic may be of general interest to anyone who negotiates. There is apparently neither an official nor a widespread recognition of a distinct Christian position on the use of deception in negotiation at present. It is this article's proposal, however, …

Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young

Pepperdine Dispute Resolution Law Journal

Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques will serve as the first article in a series of articles I have planned on the use of active learning techniques to teach the core values of mediation: mediator impartiality, party self-determination, confidentiality, and quality of the process/mediator competence. This article is the second article in that series. In Section III, I summarize the first article in the series. In Section IV, I describe the role of mediator impartiality as a core value of the mediation field. I evaluate the definitions of mediation found in several ethics codes as …

Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.

Pepperdine Dispute Resolution Law Journal

This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers' counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients …

Hispanic National Bar Association National Study On The Status Of Latinas In The Legal Profession - Few And Far Between: The Reality Of Latina Lawyers, Jill L. Cruz, Melinda S. Molina

Pepperdine Law Review

No abstract provided.

Greetings From Bloomington, Hannah Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Timeline Of African-American Legal History In Nevada (1861-2011), Rachel J. Anderson

Scholarly Works

For the first time in Nevada history, this timeline depicts selected events in the history of African-American lawyers, civil rights, and diversity in Nevada's bar and bench. It includes many historically significant pictures and is part of a special Black History Month issue of the Nevada Lawyer, the official publication of the State Bar of Nevada. That issue highlights the achievements and contributions of African-American lawyers in Nevada in honor of the 51st anniversary of the first African American (Charles L. Kellar) passing the Nevada state bar examination, the 48th anniversary of the first two African Americans admitted to the …

Robel Settles Into Interim Provostship, Kristen Clark

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

February 2012 Newsletter

Ergo

No abstract provided.

Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson

Scholarly Works

This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document the role …

Dean’S Column: Collaborations With Professional Associations, Rachel J. Anderson

Scholarly Works

This co-authored article documents the cooperation and synergies between the William S. Boyd School of Law at the University of Nevada, Las Vegas, and the Las Vegas Chapter of the National Bar Association (LVNBA). The LVNBA is the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. The article is part of a special Black History Month issue of the Nevada Lawyer, the official publication of the State Bar of Nevada. That issue highlights the achievements and contributions of African-American …

Touched By Greatness, Shruti Rana

Faculty Scholarship

No abstract provided.

Greetings From The Office Of The Dean, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Developing Attorneys For The Future: What Can We Learn From The Fast Trackers?, Lori Berman, Heather Bock, Juliet R. Aiken

CSLP Papers & Reports

Leaders in law firms tend to be those attorneys who thrive in a law firm environment from the beginning—successful associates who become successful partners. Later, they are asked to be the leaders of practice areas, committees and, ultimately, part of senior management. While high-performing associates may not be formally promoted to leadership positions for some time, it is important to understand what makes them—as young associates—stand out from their peers. Who are these future leaders, and what qualities predict their advancement in a law firm environment? These are the questions we set out to explore.

To date, little empirical work …

Wilbur C. Leatherberry: A Cwru Lifer, Jonathan L. Entin

Faculty Publications

Tribute to Wilbur Leatherberry.

Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Laura Chisolm: An Advocate And Ally, B. Jessie Hill

Faculty Publications

I worked with Laura Chisolm primarily in my capacity as Associate Director of the Center for Social Justice, of which she was the founding Director. Yet--as is probably true of many of my colleagues at the law school--I came to know and admire her most as a fellow faculty member, friend, and mentor. I will never forget the many kindnesses from Laura--not least of all the baby gift she sent me after my older daughter was born. It was a beautiful, fuzzy, hand-knit sweater that kept both my older daughter and my younger daughter warm for, literally, years. Where on …