Carrie Menkel-Meadow (UC Irvine) has published “Unsettling the Lawyers: Other Forms of Justice in Indigenous Claims of Expropriation, Abuse, and Injustice” in the University of Toronto Law Journal, available on SSRN. The abstract: This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the … Continue reading Menkel-Meadow on Other Forms of Justice
From FOI and TG (tech goddess) Alyson Carrel: Many of you might have seen the articles about the new research showing that taking notes by hand is better than taking notes on a laptop. I know many of our law schools have been having this discussion – do we or do we not allow students … Continue reading Using technology wisely in the classroom
From FOI Alyson Carrel: In the article Machines v. Lawyers, Northwestern Law Professor John McGinnis argues that the advancement of technology and ability of machines to complete more complicated tasks is the blame for our recent decline in law school admissions. He says that while many blame the recession, “the plight of legal education and … Continue reading How will tomorrow’s lawyer compete with technology?
My eighth-grade daughter came home yesterday and told me the following: Each day in English they have homework, a quiz, or a test in class. After finishing, they put away their pencils, take out red pens, and grade their own work themselves as the teacher calls out the answers. My daughter sits next to a … Continue reading Tales from middle school
At the recent ABA DR Annual Meeting, we had our second installment of the “What I’m Reading” panel. I promised a reading list from panelists and participants; here it is: Americanah (Chimamanda Ngozi Adichie) Shop Class as Soulcraft: An Inquiry into the Value of Work (Matthew B. Crawford) Nine Lives: In Search of the Sacred … Continue reading Booklist from the ABA DR Annual Meeting
The Transnational Dispute Management Journal has issued a Call for Papers for its upcoming special issue on “Dispute Resolution from a Corporate Perspective.” Proposals due no later than July 31, 2014. Details here.
Cynthia Alkon (Texas A&M) has published “The U.S. Supreme Court’s Failure To Fix Plea Bargaining: The Impact of Lafler and Frye” in the Hastings Constitutional Law Quarterly, available on SSRN here. The abstract: Virtually every criminal conviction in the United States is the result of a guilty plea, not a jury trial. Yet it was … Continue reading Alkon on the Supreme Court and Plea Bargaining
Last week was the whirlwind ABA Section on Dispute Resolution annual conference in Miami. At the conference, I presented an exercise in “critical patience” designed to promote the kind of deep attention and focus that law school and dispute resolution practice require–and that, so often, excessive technology use (skimming, surfing) can degrade. Here was my … Continue reading Followup from ABA Conference: Critical patience and pedagogy
John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just two round holes – adversarial or cooperative bargaining. In the real world, negotiation comes in … Continue reading Lande on Advancing Negotiation Theory
The NYT reports today on “the Matthew process,” a form of Biblical dispute resolution based on a passage from the Gospel of Matthew in which Jesus says that disputants should attempt to resolve their dispute privately, and if that doesn’t work to bring “one or two others” into the process. The particular dispute covered in … Continue reading Non-binding Christian mediation
