To Puff or Not to Puff . . . (or When and How to Puff)

I love teaching law students about misrepresentation in negotiation. I call this class, “lying like a lawyer.”   Of course, civilians (i.e., non-lawyers) regularly fudge the facts, let’s call it. While it might be nice if there were bright-line norms of scrupulous honesty that were universally followed, that’s never gonna happen.   I’m no expert … Continue reading To Puff or Not to Puff . . . (or When and How to Puff)

Newell on Redefining Attention

Lauren Newell (Ohio Northern) has published “Redefining Attention (and Revamping the Legal Profession?) for the Digital Generation” on SSRN. The abstract: With computers, text messages, Facebook, cell phones, smartphones, tablets, iPods, and other information and communication technologies (“ICTs”) constantly competing for our attention, we live in an age of perpetual distraction. Educators have long speculated … Continue reading Newell on Redefining Attention

Symposium at Cardozo Asking (and perhaps Answering) “Is Mediation a Sleeping Beauty?

Cardozo Law School and its Journal of Conflict Resolution are sponsoring the Jed D. Melnick Annual Symposium, “Is Mediation a Sleeping Beauty?”, on Monday, November 3, 2014 starting at 8:30 a.m.  The impressive line-up of speakers includes many friends of Indisputably, and topics for sessions include the age-old questions: “Is She Sleeping?”, “Is She Beautiful?”, … Continue reading Symposium at Cardozo Asking (and perhaps Answering) “Is Mediation a Sleeping Beauty?

What is Negotiation?, Part 1

I know that this sounds like another one of my dumb questions. But the meaning of negotiation is surprisingly opaque.  People have very different ideas about this.  And the definition you choose has important practical implications. I stumbled onto this problem as I studied and taught negotiation in recent years. In an article on negotiation … Continue reading What is Negotiation?, Part 1

University of Missouri Symposium on Judges and Judicial Education Contains Insights for Dispute Resolution Scholars

My indefatigable colleague, S. I. Strong, organized an impressive symposium on judicial education and describes the relevance to DR as follows:   On October 9-10, the University of Missouri’s Center for the Study of Dispute Resolution (CSDR) convened its annual symposium, this year focusing on “Judicial Education and the Art of Judging: From Myth to … Continue reading University of Missouri Symposium on Judges and Judicial Education Contains Insights for Dispute Resolution Scholars

ADR + LRW

I’m in sunny Las Vegas with our friends from the Saltman Center (ten years old!) attending the SALT Teaching Conference. For the conference, I co-submitted a proposal with Suzanne Rowe, the director of Oregon’s Legal Research and Writing (LRW) Center, so today I’ve been hanging out with LRW types. Here are some things I’ve learned … Continue reading ADR + LRW

Secret Link