I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules of Civil Procedure. For a counterpoint, here’s a draft article by SMU Professor Elizabeth G. Thornburg, Cognitive Bias, the ‘Band of Experts,’ and the Anti-Litigation Narrative. Here’s the abstract: In December of 2015, yet another … Continue reading Another View of the New FRCP Rules
On December 1, amendments to the Federal Rules of Civil Procedure will take effect which are intended to change the culture of litigation. According to a post on the Institute for the Advancement of the American Legal System (IAALS) blog, the new rules affect “judicial case management, disclosure, use of experts, and education for judges.” … Continue reading FRCP Amendments Intended to Change Culture of Litigation
FOI Jean Sternlight announced that 19 (count ’em) articles are available online from UNLV’s great-looking symposium, Psychology and Lawyering: Coalescing the Field. (Click on the title of the post to access the link.)
As I mentioned in a recent post, the University of St. Thomas Law School held a terrific symposium on November 13, entitled Dispute System Design: Justice, Accountability and Impact. They have posted a video of the symposium as well as powerpoints from most of the presentations. Kudos to Mariana Hernandez Crespo, Heidi Van De Berg, … Continue reading Video and Powerpoints from Fabulous St. Thomas DSD Symposium
This is the next installment in my too-many-part series, Everything You Know About Dispute Resolution is Wrong. Today’s episode was prompted by Michael’s post about an article in the Chronicle of Higher Education in which the author describes her strategy of improving her BATNA to escape a crappy job as a non-tenure-track instructor. Michael suggested … Continue reading BATNA, MLATNA – No Big Difference, Right?
On Friday, I was honored to join the all-star cast – including keynoter Lisa Blomgren Amsler, Jackie Font-Guzmán, Susan Franck, Tim Hedeen, Mariana Hernandez Crespo, Jan Martinez, Jackie Nolan-Haley, Jen Reynolds, Colin Rule, Andrea Schneider, Nancy Welsh, and Maureen Weston – at St. Thomas Law School’s Symposium, Dispute System Design: Justice, Accountability and Impact. I … Continue reading Why and How Corporations Use PEDR – Preliminary Findings
I have gotten emails from dispute resolution colleagues asking what we, in Missouri’s dispute resolution center, might do (or might have done) to help manage the conflict at our university more constructively. For years, some folks in our DR community have noted despairingly that we aren’t engaged in major conflicts like the one that has … Continue reading How Can We Help in Major Social Conflicts, if at All?
The University of Missouri has been in the news lately for the wrong and right reasons. The University president and the chancellor of the Columbia campus did not exercise good leadership and have been forced to resign. Much of the campus, led by a group of protesters, has dealt with challenges of racism here in … Continue reading Revolution in Missouri
The New York Times has been part of my life for as long as I can remember. I grew up in New York City and my family got the Times delivered every day. On Sundays, we would spend a good part of the morning divvying up and trading the sections of paper during breakfast. (Kids, … Continue reading More about the New York Times (and Journalism Generally)
Noam Ebner posted a comment on the DRLE listserv about the recent series of articles in the New York Times about arbitration. I wrote the following comment, in part, responding to his. I am reproducing his comment with his permission. In my comments below, I added a paragraph which wasn’t in my listserv comment, about … Continue reading Problems with the New York Times Series on Arbitration
