Earlier in the semester, I taught Spaulding v. Zimmerman for the first time in an ethics course versus in a dispute resolution course. And, not completely surprisingly, the frame actually matters. You might remember that Spaulding v. Zimmerman is the case where there is a really nasty car accident. One of the survivors is a … Continue reading Spaulding v. Zimmerman as an Ethics Lesson
This week, in what can only be described as exquisite and rare good luck, we discussed gender differences in negotiation in the same week that Tina Fey made a guest appearance on Saturday Night Live. First, for some background, students in my workshop had the Casino case to negotiate out of class in which a … Continue reading Saturday Night Live, Gender Negotiations, and the New “Black”
I opened an email today to the enticing headline “Don’t Forget to Kvetch!” and realized how it was the other side of the coin of what I was planning on blogging about today. First, to the planned blog–Australia last week officially apologized for its mistreatment of the Aboriginal population in Australia. The list of misdeeds … Continue reading Kvetching and Apologies
For years, I have used Fidel Castro in my lecture about how to prepare for a negotiation. (In fact, I think I might have even taken this example from Roger Fisher–completely possible, given the context.) In any case, as part of a discussion of the seven elements from Getting to Yes, I used Castro as … Continue reading We Beat Castro, Right?
There are a batch of writings today in the papers and the blogosphere about how to maintain happy relationships and I thought it would be fun to connect to a few. First, there was a great post today by Dayana Yochim in The Motley Fool entitled How to Win Your Next Money Fight. Romantic poet William … Continue reading It’s Valentine’s Day–What are You Negotiating?
I was catching up on my taped Colbert Report shows over the weekend and saw a brilliant interview with Ambassador Andrew Young from earlier in January. It turns out that Andrew Young negotiated with Stephen Colbert’s father to settle a strike in South Carolina over 40 years ago. Black nurses at one of South Carolina’s … Continue reading Stephen Colbert, Ambassador Andrew Young, and How to Negotiate the End of the WGA Strike
There are many unforseen consequences of the writer’s strike, not the least of which is that my law students are watching American Gladiators. (Maybe they would do this anyway but I am clinging to the hope that, faced with choices, they would not.) When is the writer’s strike going to end? Is this strike, like the … Continue reading The Writer’s Guild Strike and American Gladiators
Well, I have finally recovered from the odyssey that it took to get home from New York two weeks ago and I thought it might be fun to start a conversation about what types of negotiation strategies and techniques work when your airport closes down. First, let me briefly encapsulate our trip. Seven professors on … Continue reading Negotiating Plane Rides (and getting home from AALS)
The President and I actually have something in common–we are both rooting for peace in the Middle East before the end of his term! He, no doubt, has a whole host of reasons, not the least of the which would be managing to salvage some foreign policy success to help his legacy. I find it … Continue reading Peace in the New Year
With the two new Supreme Court decisions handed down at the beginning of last week regarding judicial discretion in federal sentencing and the federal sentencing commission allowing retroactivity on some of the sentences regarding crack cocaine, it appears that the pendulum may start swinging back in favor of allowing more judicial control over sentencing. Until … Continue reading Plea Bargaining in the Shadow of the Law Revisited
So, in an attempt to avoid more grading (as Michael wrote about so eloquently last week), I was thinking about better ways of assessing progress in ADR classes. I, for one, still don’t think that I have quite figured out the successful way to test law students. I also think students know this. I give … Continue reading Negotiating Your Grades