BARBRI’s “State of the Legal Field Survey” reports that “71 percent of 3L law students believe they possess sufficient practice skills. In contrast, only 23 percent of practicing attorneys who work at companies that hire recent law school graduates believe recent law school graduates possess sufficient practice skills.” This finding is puzzling and astounding. It … Continue reading Illusions of Competence
I was surprised to read an article in the New York Times indicating that the system of using bar exams to license lawyers “is facing a new round of scrutiny — not just from the test takers but from law school deans and some state legal establishments.” The article quotes Kristin Booth Glen, former dean … Continue reading Erosion of Support for Bar Exam System
As you may have seen on the DRLE listserv, Jean Sternlight (UNLV) will receive this year’s Award for Outstanding Scholarly Work at the ABA Section of Dispute Resolution conference next month. UNLV has named Hal Abramson (Touro) and Lisa Blomgren Amsler (Indiana School of Public and Environmental Affairs) as its first Saltman Senior Scholars. Last … Continue reading Awards and Recognitions
The Center for the Study of Dispute Resolution at the University of Missouri School of Law announced the winners of a law student writing competition held in conjunction with the Missouri Law Review symposium entitled “Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.” Professor S.I. Strong organized the competition, which asked … Continue reading Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence
In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?
Here’s a call for papers from Susan Raines (Kennesaw State), the editor-in-chief of the Conflict Resolution Quarterly (CRQ). CRQ focuses on the role of the neutral in conflict resolution, the processes of conflict resolution, and the causes/cures of conflict at every level from the interpersonal to the international. Our journal prides itself on the importance … Continue reading Conflict Resolution Quarterly Call for Papers
As Art reported, William Mitchell and Hamline Law Schools plan to merge. Best wishes to all our friends at both schools. Both have wonderful DR colleagues and have been great innovators in legal education. Hopefully, people there will like the new arrangements. Of course, even positive change can be stressful and some people may not … Continue reading Was the Mitchell-Hamline Negotiation a “Win-Win”?
In previous posts, I argued that there are serious problems with the general consensus on negotiation theory reflected most clearly in Getting to Yes. I described problems with the system of negotiation models, which assumes that most or all negotiations can fit into two models of highly-correlated variables (or a few variations of these models). … Continue reading We Need a Better Consensus about Negotiation Theory
In Part 1, I argued that there are fundamental problems with the system of negotiation models. In this part, I describe actual negotiation cases from my study to illustrate the problems. As you read about them, consider that I am now focusing primarily on problems with descriptive theory – basically a kind of language enabling … Continue reading Problems with the System of Negotiation Models, Part 2
I subscribe to the Best Practices for Legal Education blog, which has a lot of good posts. Here’s one by Michele Pistone (Villanova) suggesting that teachers carefully use words in defining their teaching and learning goals.