You make history all the time though you probably don’t think about it that way. People often think of history as involving significant public figures and events, not average people doing things in their everyday lives. Of course, we are the central actors in our own lives and we are part of our own and … Continue reading Make Video History
From my colleague, Amy Schmitz: This is a further reminder I am sending out on behalf of Professor Ian Macduff, who is the Director of the NZ Centre for ICT Law at the University of Auckland. This reminder is about the 18th ODR Forum, to be hosted by the NZ Centre for ICT Law in … Continue reading ODR Forum Reminder – November 14-15
“Truth isn’t truth.” So said Rudy Giuliani when explaining why his client, the president, should avoid participating in an interview with Special Counsel Robert Mueller. He rejected the argument that his client didn’t have to worry about this even though he would tell the truth because Mr. Mueller may have a different “version of the … Continue reading What’s the Truth?
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
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
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
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
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
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
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
