All posts by John Lande

The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants

That’s the title of a thesis written by Supreme Court nominee Ketanji Brown Jackson when she was an undergraduate. A Washington Post profile, How Ketanji Brown Jackson Found a Path Between Confrontation And Compromise, said she was “a ‘child of the ’70s’ who overcame obstacles by finding middle ground.  … [She spent] her first year … Continue reading The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants →

How You Can Build a Mediation Model to Optimize Your Own Cases

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That’s the title of a program I recently did for the Association of Northern [England] Mediators. I began by describing why formal mediation models, such as the facilitative and evaluative models, are incomplete and often misleading.  Mediators constantly must answer the question “What do I do now?”, and the formal models don’t help in most … Continue reading How You Can Build a Mediation Model to Optimize Your Own Cases →

ACCTM National Dispute Resolution Writing Competition – June 15 Deadline

From Richard Lord: The American College of Civil Trial Mediators announces its 2022 American Journal of Mediation National Dispute Resolution Writing Competition.  There is a $5,000 first prize and a $2,000 second prize. Subject matter focus for entries can embrace the full range of the alternative dispute resolution field – consensus-based dispute resolution (e.g., negotiation, … Continue reading ACCTM National Dispute Resolution Writing Competition – June 15 Deadline →

ABA Arbitration Training Institute on June 1-3

From Harrie Samaras: Registration is open for the ABA Section of Dispute Resolution’s 15th Arbitration Training Institute & Arbitration Practice Development Program. This in-person program is scheduled for June 1 – 3, 2022 at the Loyola University Chicago School of Law. As in previous years, the program features plenary sessions of seasoned arbitrators and advocates … Continue reading ABA Arbitration Training Institute on June 1-3 →

Following the Science of Heuristics and Biases – and a Tragic Love Story

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The Undoing Project: A Friendship That Changed Our Minds, by Michael Lewis, tells the story of how Israeli psychologists Daniel Kahneman and Amos Tversky came together – and fell apart – in their research that radically advanced our knowledge of how people’s minds work.  This is another post in my What-I’m-Reading series. Kahneman and Tversky’s … Continue reading Following the Science of Heuristics and Biases – and a Tragic Love Story →

Indisputably in the Library of Congress

We, at Indisputably, recently received the following unsolicited email: The United States Library of Congress has selected your website for inclusion in the historic collection of Internet materials related to the Legal Blawgs Web Archive.  We consider your website to be an important part of this collection and the historical record. The Library of Congress … Continue reading Indisputably in the Library of Congress →

Which is Better:  To Be Strong or Smart?

This post is prompted by an article by Washington Post columnist Paul Waldman, We’re Still Asking the Wrong Question about Biden and Ukraine.  He writes: For once, can we confront a foreign policy challenge without obsession over whether the president is being “weak” or “strong”? … In any foreign policy challenge, understanding what goes into … Continue reading Which is Better:  To Be Strong or Smart? →

Humble Listening on the Bench

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This post provides excerpts from an op-ed by Neal Katyal, one of Supreme Court Justice Stephen Breyer’s former clerks.  Mr. Katyal describes Justice Breyer’s humility, recognition of his own biases, and openness to considering others’ points of view. There was, in short, a constitutional humility about Breyer.  He didn’t pretend to know the answer to every … Continue reading Humble Listening on the Bench →

The Continuing Cold War

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Formally, the Cold War began in 1945 and ended in 1991 with the dissolution of the Soviet Union.  In fact, its roots began long before 1945 and its effects still reverberate today. Newspaper headlines illustrate how the Cold War is becoming more overt as Russia threatens Ukraine and other neighboring countries, and China threatens Taiwan … Continue reading The Continuing Cold War →

Justice Kavanaugh’s Good Analysis of Confidentiality

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On January 19, the Supreme Court rejected former President Trump’s request to block release of some of his White House records to the Congressional January 6 Committee.  In an 8-1 decision, the Supreme Court upheld the Court of Appeals’s decision authorizing release of the documents.  The Court of Appeals ruled that the right to waive … Continue reading Justice Kavanaugh’s Good Analysis of Confidentiality →