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
In my 2015 article, Justice Scalia’s Hat Trick and the Supreme Court’s Flawed Understanding of Twenty-First Century Arbitration, I pointed out a factual mistake in the majority opinion in American Express v. Italian Colors, 133 S. Ct. 2304 (2013). In that opinion, Justice Scalia wrote: A pair of our cases brings home the point [that a class … Continue reading An Epic (and Compounded) Mistake in Epic Systems
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
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
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
From Cornell’s Alex Colvin: The ILR School at Cornell is searching for a faculty position in conflict resolution. Applications are welcome; please pass along to any interested individuals. Details at the link below. Tenure-Track Assistant or Associate Professor Position in Conflict Resolution https://academicjobsonline.org/ajo/jobs/11371 The ILR School at Cornell University invites applications for a tenure-track faculty … Continue reading Conflict Resolution Faculty Position at Cornell ILR
Having recently railed against the popularity of superhero movies, I was struck by the themes in the new animated film, Incredibles 2, a satire of the superhero genre. One major theme is about people’s problematic desires for superheroes. A speech by the villain summarizes the critique of people’s dependence on superheroes. She says: “Screenslaver interrupts … Continue reading What’s Wrong with Superheroes?
You probably know – or at least know of – Forrest (Woody) Mosten. He is the award-winning mediator, lawyer, and peacemaker who is called the “father of unbundling,” referring to the process of offering legal clients discrete services as distinct from a complete bundled representation, as lawyers traditionally provide. He also is a prominent collaborative … Continue reading Mosten and Cordover’s New Collaborative Law Book
Hello all: This is my maiden post on Indisputably! A big thank you to my esteemed colleagues Andrea, Michael, Sarah, Art, Jill, Cynthia, Jen, and John for letting me blog with you. I hope you don’t regret it. 😉 And now for the real news. My colleague and friend, Emilia Onyema, has recently published the … Continue reading SOAS Arbitration in Africa Survey
