All posts by John Lande

Tenth Annual Securities Dispute Resolution Triathlon

August 16, 2018 John Lande Leave a comment

From TFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA) invite you to participate in the tenth annual Securities Dispute Resolution Triathlon, a competition of competence in the dispute resolution field. The Triathlon is the first and only competition to include negotiation, … Continue reading Tenth Annual Securities Dispute Resolution Triathlon →

Use of Arbitration Agreement to Silence Omarosa

August 14, 2018 John Lande 1 Comment

Omarosa Manigault Newman, a former Trump White House aide, just published a tell-all book and the Trump campaign filed an arbitration action alleging that she broke a 2016 confidentiality agreement. According to this Washington Post article, “Initially, [White House Counsel Donald] McGahn told Trump he would not draft or give aides the [non-disclosure agreements] because … Continue reading Use of Arbitration Agreement to Silence Omarosa →

Collected Stone Soup Resources

August 3, 2018 John Lande 1 Comment

The Stone Soup Project developed an extensive set of materials for faculty to help their students get a better understanding of the real world of practice. This post collects links to these materials in one place so that faculty can easily include a Stone Soup assignment in a wide range of courses. Although these materials … Continue reading Collected Stone Soup Resources →

In Praise of a Trial

July 30, 2018 John Lande 5 Comments

The trial of Paul Manafort, which is scheduled to begin tomorrow, is a good illustration of an important value of trials. A decade ago, there was a flurry of academic activity following the publication of Prof. Marc Galanter’s detailed 2004 study entitled, The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State … Continue reading In Praise of a Trial →

Readings and Resources for Teaching

July 29, 2018 John Lande Leave a comment

As you gear up for the new year, here’s a reminder of some of my favorite things you might require or recommend that students read. 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 on any particular 1L subject. … Continue reading Readings and Resources for Teaching →

A Case Study of Murphy’s Law in Missouri

July 27, 2018 John Lande 1 Comment

Ben Trachtenberg, one of the sharpest faculty at my school, wrote this outstanding article analyzing what went wrong during the highly-publicized controversies at the University of Missouri in 2015. Having lived through this painful conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things … Continue reading A Case Study of Murphy’s Law in Missouri →

Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

July 25, 2018 John Lande Leave a comment

Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation interest and risk assessment” (LIRA), something you probably teach using different names. You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LIRA. Building on their own and others’ research, they developed a simple but comprehensive … Continue reading Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It →

Stone Soup in 2L and 3L Courses

July 24, 2018 John Lande Leave a comment

The Stone Soup Project is about learning how things actually work in practice. Exposing students to the real world of practice through interviews or observations of actual cases can help them make sense of legal doctrine. Although we have started using Stone Soup in traditional ADR courses, the same techniques can work in a wide … Continue reading Stone Soup in 2L and 3L Courses →

Stone Soup in 1L Courses

July 23, 2018 John Lande 2 Comments

Many colleagues see an obvious benefit from using Stone Soup assignments in traditional dispute resolution courses but have doubts about using them in other courses, especially 1L courses. At the ABA Legal Educators’ Colloquium, some people worried that using Stone Soup in 1L courses would overwhelm students. That shouldn’t necessarily be the case, especially if … Continue reading Stone Soup in 1L Courses →

Lisa Blomgren Amsler Receives Lifetime Achievement Award

July 23, 2018 John Lande Leave a comment

Here’s the first paragraph of a press release from Marquis Who’s Who: “Marquis Who’s Who, the world’s premier publisher of biographical profiles, is proud to present Lisa Blomgren Amsler with the Albert Nelson Marquis Lifetime Achievement Award. An accomplished listee, Ms. Amsler (nee Blomgren, and formerly Bingham) celebrates many years’ experience in her professional network, and … Continue reading Lisa Blomgren Amsler Receives Lifetime Achievement Award →