Listening is a bedrock ADR practice. Does this mean we must always listen? Or can listening sometimes make things worse? Recent debates around “cancel culture” and “deplatforming” are of special interest to our field, which values the sharing of diverse perspectives but also appreciates complex social dynamics and strategic communication. In my new article (forthcoming … Continue reading The Listening Dilemma
From the ABA Section of Dispute Resolution: The Section will sponsor the ABA Dispute Resolution Tech Expo on September 14-18. Working virtually is our new normal, but now what? Besides Zoom, what other tools are out there to make working online easier? Look no further than the ABA Dispute Resolution Tech Expo. Tailored to the … Continue reading ABA Dispute Resolution Tech Expo – Sept. 14-18
The revived Arbitrate.com website at https://www.arbitrate.com/index.cfm provides fresh content regarding arbitration with news items as well as original and curated articles from new and seasoned arbitration voices. It also includes a web series called “The Arbitration Conversation.” This is a periodic web series where Prof. Amy J. Schmitz interviews leading thinkers in arbitration from around … Continue reading New Resource for Arbitration
Courtesy of EFOI Doug Yarn: The Georgia Justice Project seeks applications from third-year law students or recent law school graduates for sponsorship of a Skadden, Equal Justice Works, or other public-interest fellowship set to begin in the fall of 2021. Applications will be accepted until August 17th, 2020 but reviewed as they are submitted. Click … Continue reading Georgia Justice Project Fellowship August 17 Application Deadline
Pulitzer-Prize-winning NYT columnist Wesley Morris wrote a thoughtful essay, The Reconciliation Must Be Televised. “What is America’s next step in confronting its racism? A broadcast spectacle that could look like court, a telethon, an Oprah show — and more.” Take a look. [Click the title of this post to read the article.]
ABA Publishing is hosting its first virtual annual meeting bookstore in conjunction with the ABA Virtual Annual Meeting, which opened today. This sale is not limited to registered attendees. Anyone with a computer, cell phone or tablet and an Internet connection can take advantage of these savings. Customers will receive a generous 25% off + … Continue reading ABA Book Sale From Now Until August 7
For many of us looking at inequality and how to promote pay equity, the news that certain structural changes in negotiation can make a difference is quite welcome. One of the hypothesized reasons for women’s pay inequity is that women might not have negotiated great starting salaries and then were held back over the course … Continue reading What to NOT Negotiate About—Salary History
We don’t normally think of elections as dispute resolution mechanisms, but that’s what they are. This year, the election campaigns reflect a deep conflict, with stark differences between Democrats and Republicans about perceptions of the past and present and visions for the future. The election will provide some resolution of this conflict, possibly producing long-lasting … Continue reading The November Elections are an Important Dispute Resolution Mechanism
Washington Post columnist and honorary dispute resolution expert Alexandra Petri provided a highly nuanced analysis of non-apology apologies recently illustrated by the grand master, Rep. Ted Yoho, who called his colleague, Rep. Alexandria Ocasio-Cortez, a “fucking bitch” (pardon my French). (Careful readers will recall my thrilling two-part series on non-apology apologies beginning here as well … Continue reading Master Class in Non-Apology Apologies
If you are interested, here is a call for papers for the Thai Arbitration Institute Law Journal: https://tai.coj.go.th/en/content/category/detail/id/8/cid/10745/iid/200883
Jim Coben’s wife, Barbara Freese, recently published a fascinating book, Industrial-Strength Denial: Eight Stories of Corporations Defending the Indefensible, from the Slave Trade to Climate Change. I haven’t read it, but I assume it’s a fascinating book based on a wonderful video interview of Barbara by Joe Rogan. Here’s a description of the book: Corporations … Continue reading Industrial-Strength Denial
Now as an annual tradition, here’s a reminder of some of my favorite things you might require or recommend that students read as you gear up for the new year. My short “Letter to Kelly” provides advice for new 1Ls. If you teach a 1L course, you might assign it even though it doesn’t focus … Continue reading Readings and Resources for Teaching