Great article this morning from the National Law Journal, with someone misleading title: “Judge Orders Opioid Lawyers to Come Up With a Settlement Plan.” Available here and text excerpt below. As one who grew up, clerked in northern Ohio, and still names as “hometown” one of the (many) places hard hit by this crisis, I am … Continue reading Opioid Litigation & Judicial Role in Settlement
I had the good fortune to be one of Marc Galanter’s students when I was in graduate school. As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship. I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty, with an explanation. With the patient tutelage of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of … Continue reading Confusing Dispute Resolution Jargon
From Hiro Aragaki: First off, thanks to John Lande for pursuing this issue and calling attention to the real imprecision that sometimes attends our use of the term “BATNA.” If anything, I have learned through my off-line exchange with him and Sanda Kaufman that there is more confusion out there among scholars and practitioners than … Continue reading Hiro Aragaki: Things We Know and Think We Know About BATNA and WATNA
Here’s Sanda Kaufman’s response to my conversation with her and Hiro Aragaki. (Click the title of this post to see her piece.)
As outgoing (or gone) Chair of the AALS Section on Alternative Dispute Resolution, I am pleased to announce on behalf of the Section’s Executive Committee the creation and launch of the Section’s annual award for best scholarly article published in print or online in 2017 in the field of ADR. Details and a Call for … Continue reading AALS ADR Section Call for Nominations for Best ADR Article in 2017
Some questions for law professors: Why did you go to law school? Why did you decide to go into academia? What do you want to accomplish in your work? What do you hope for your students? In this post, I give my answers to these questions, which I think will resonate for many readers of … Continue reading Stone Soup, Reflective Practice, Action Research, and Social Justice
From TFOIs Deborah Eisenberg and Toby Guerin: Dear Colleagues: Many of you knew Roger Wolf, the visionary founder of our Center for Dispute Resolution and the Mediation Clinic at Maryland Carey Law, and a true trail-blazer in the ADR field in Maryland and nationally. He passed away last weekend. Below is a beautiful tribute written … Continue reading Passing of Roger Wolf
This post is for colleagues who will use a Stone Soup assignment this coming semester or are considering doing so. We now have posts with assessments of 25 course offerings, which include the Stone Soup assignments that faculty used. Some posts include additional documents. Faculty and students using Stone Soup have exceeded our expectations. Faculty … Continue reading Suggestions for Using Stone Soup in Your Courses
Gemma Smyth is the Externship Program Director for the University of Windsor Faculty of Law, in Canada, which has a long tradition of focusing on access to justice. Windsor is so committed to this mission that it requires all students to take an Access to Justice course in their first semester. Gemma is one … Continue reading Stone Soup Assessment: Gemma Smyth’s Access to Justice Course
