Scholastica, the service many of us use to disseminate our articles to law reviews, recently interviewed Donna Shestowsky (UC-Davis) about her work on litigant awareness of court ADR programs. Here’s the interview in full. Imagine waiting a year or more to go to trial for a civil dispute that could have been resolved in less … Continue reading Scholastica interview with Shestowsky
On October 27, HLS hosted a series of panels as part of its bicentennial celebration. I was fortunate to serve as a panelist on Negotiation for Lawyers: A Bird’s Eye View of Negotiation and Dispute Resolution, along with Mark Iwry, David Hoffman, Sheila Heen, and Bob Mnookin. We modeled our panel after the NPR program, … Continue reading ADR Stories at Harvard Bicentennial
University of Michigan Education Professor Susan Dynarski wrote a compelling article in the New York Times, Laptops Are Great. But Not During a Lecture or a Meeting. She cites research finding that when students use laptops in class, they not only reduce their own learning, but they also reduce the learning of nearby students. The … Continue reading Are You Ready to Apply Unequivocal Research Findings That Students’ Use of Laptops in Class Reduces Learning?
I just listened to an episode of a This American Life podcast entitled 129 Cars, referring to a car dealership’s monthly sales quota. A team of reporters followed various people at a Long Island dealership for a month and the episode sounds like a sitcom. But it is very real, reflecting tensions in negotiations between … Continue reading Real Car Dealing
The New Yorker has a fascinating new article by Ronan Farrow providing more information about some of the settlement structures used by Harvey Weinstein and his company. It is worth reading in full, but I’m including a few excerpts from the article below to give you a sense of the piece. The short version is … Continue reading Against Secret Settlements
I am delighted to announce that my new book is now available. Smart & Savvy: Negotiation Strategies for Academia is based on my experience training scientists and doctors in negotiation. My father and co-author, David Kupfer, is distinguished professor emeritus at the University of Pittsburgh, was chair of their Department of Psychiatry for over 25 … Continue reading Smart & Savvy: Negotiation Strategies in Academia
If you didn’t see the blog or the listserv a little over a week ago, you missed the announcements of two major awards. Carol Izumi (UC-Hastings) received the William Pincus Award for outstanding service and commitment to clinical legal education, the highest award the AALS’s Clinical Section bestows. And, Carrie Menkel-Meadow (UC-Irvine) received the ABA … Continue reading Recent Major Law Faculty Awards
From FOI Jacqueline Nolan-Haley (Fordham): I am happy to announce the details of the second annual ADR writing competition. NATIONAL CHAMPIONSHIP ADR LAW STUDENT WRITING COMPETITION 2018 The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the Second Annual NYSBA/ACCTM National Championship … Continue reading ADR Law Student Writing Competition with $10,000 Prize!
Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct. The comedian Louis C.K. is one of the men who has been accused. He publicly acknowledged that the accusations were true and apologized. Political science professor Nancy D. Wadsworth … Continue reading Louis C.K.’s Apology
In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct. Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so. In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers
