In 5-4 decisions, the U.S. Supreme Court today decided there is a right to effective assistance of counseling in plea bargaining in the cases of Lafler v. Cooper and Missouri v. Frye. In Lafler, the defendant rejected the plea offer due to bad advice by his lawyer, who told the defendant that he could not … Continue reading Yes, there is a right to effective assistance of counsel in plea bargaining →

A recent study out of UC Berkeley describes seven experiments by psychologists that examined the behavior of wealthy people compared to those in lower socioeconmic positions. The study concluded that wealthier people are more likely to lie, cheat, and behave unethically then those who aren’t wealthy. One of the experiments looked at driver behavior and … Continue reading Rich People Lie and Cheat →

That was the choice a court in Ohio gave a man found in contempt due to a violation of a protective order against his ex-wife. The news reports are a little sketchy, but it appears that the basis for the contempt finding was a statement the defendant posted on his Facebook page. The defendant and … Continue reading Apologize on Facebook or Go to Jail →

As the LEAPS Panels and website are now in place, I thought it might be interesting to share this experience. Yesterday I had the pleasure of joining a colleague of mine in his first year property class. He was using, for the first time, a commercial lease negotiation exercise in his class. This particular colleague … Continue reading Such a Joy! →

This morning I found a new law review article waiting for me in my office—hand delivered by the author, and my dear colleague, Michael Z. Green. The article is: Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration, 87 Ind. L.J. 367 (2012). The abstract is: Despite a longstanding strategy employed by labor … Continue reading Hot off the Press →

If you are interested in learning more about the complex world of military interventions in Iraq and Afghanistan, I recommend Losing Small Wars: British Military Failure in Iraq and Afghanistan by Frank Ledwidge. This book is a unique analysis of current events firmly placed within their historical context. The author is not only a dear … Continue reading Read all about it →

While in the midst of preparing for my upcoming negotiation class on culture, gender and race, I ran across an interesting (and discouraging) empirical study looking at the impact of race on eBay auctions that was recently posted on SSRN. The article is “Race Effects on Ebay” by Ian Ayres, Mahzarin Banaji, and Christine Jolls. … Continue reading “Race Effects on Ebay” →

The Fordham Law Dispute Resolution Society is holding its Sixth Annual Alternative Dispute Resolution Symposium entitled: Judicial Review of ADR Processes: What Makes Sense? It will be on November 4, 2011 at Fordham Law School in New York. The keynote speaker will be Professor Nancy Welsh from Pennsylvania State University, Dickinson School of Law. The … Continue reading Fordham ADR Symposium →

Last week I had the pleasure of attending an event sponsored by the Prince Aga Khan Shia Imami Ismaili Conciliation and Arbitraion Board for the USA (CAB). The goal of the event was to introduce the Dallas-Fort Worth legal and dispute resolution community to the work of the CAB. My previous experience with the Ismaili … Continue reading Mediation Within One Community →

The NY Times published an article today announcing that plea bargaining is often coercive due to potentially harsh criminal sentences. Potentially long sentences and the “trial penalty” are well-known facts to professionals in the criminal justice system. Defendants are regularly threatened with longer terms if they exercise their right to trial. Defendants who do not … Continue reading Not Exactly News →