David Larson (Hamline) and Chang Wang (Thomson Reuters) have placed Preparing To Negotiate in a Globally Diverse Environment: An Examination of Chinese and Jewish Perspectives on Truth and Lies. The abstract: What are a negotiator’s ethical and moral obligations during a negotiation? Should a negotiator be dedicated to achieving the greatest value possible for his … Continue reading Larson and Wang on Preparing To Negotiate in a Globally Diverse Environment →

FOI Stacie Strong (Missouri) is serving as a Supreme Court Fellow this year in the Federal Judicial Center (FJC). She writes that applications for the fellowship are due November 30; more information here. It sounds like an incredible opportunity. Fellowships last one year and fellows work with one of four different agencies: the FJC; the … Continue reading Supreme Court Fellowship — applications due 11/30 →

Debra Berman and James Alfini have published Lawyer Colonization of Family Mediation: Consequences and Implications in the Marquette Law Review. From the introduction: The relationships among divorcing spouses, lawyers, and the courts have undergone significant changes over the past fifty years. The advent of no-fault divorce promoted experimentation with mechanisms that enhanced “private ordering” encouraged … Continue reading Berman and Alfini on Lawyer Colonization of Family Mediation →

On the news and the blogs for the last few days has been a very impressive response to a nasty email in my home state of Wisconsin.  (See Huff Post story here that has both the original segment from Tuesday and the Today Show segment from Wednesday. )   Many of us teaching negotiation talk about email communication, the … Continue reading Email Nastiness–and one very eloquent response →

Ariana Levinson (Louisville) has placed What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims in the University of Michigan Journal of Law Reform. The abstract: This article contributes to the debate over mandatory arbitration of employment discrimination claims in the unionized sector, which, in light of the proposed prohibition on union waivers … Continue reading Levinson on Labor Arbitration Awards of Employment Discrimination Claims →

Jill Gross (Pace) and Barbara Black (Cincinnati) will be publishing Investor Protection Meets the Federal Arbitration Act with the Stanford Journal of Complex Litigation. The abstract: In the past three decades, most recently in AT&T Mobility LLC v. Concepcion, the United States Supreme Court has advanced an aggressive pro-arbitration campaign, transforming the Federal Arbitration Act … Continue reading Gross and Black on Investor Protection and the FAA →

Jonathan Cohen (Florida) has published two articles this summer: The Path Between Sebastian’s Hospitals: Fostering Reconciliation After a Tragedy and Conflicts as Inner Trials: Transitions for Clients, Ideas for Lawyers. Professor Cohen writes: “The Path Between Sebastian’s Hospitals: Fostering Reconciliation after a Tragedy” is a multi-year case study of a tragic event – the death … Continue reading Cohen on Fostering Reconciliation and Conflicts as Inner Trials →

James Phillips (JSP student Berkeley) and John Yoo (Berkeley) recently authored a piece entitled The Cite Stuff: Inventing a Better Law Faculty Relevance Measure which Yoo describes as Moneyball Comes to the Ivory Tower.  In the article Phillips and Yoo create a citation based formula for ranking the relevance of law professors that, like all … Continue reading The Most Relevant ADR Law Prof →

Carrie Menkel-Meadow (Georgetown, UCI) has published Introduction & Coda, Multi-Party Dispute Resolution,Democracy and Decision Making: Vol. Il of Complex Dispute Resolution. The first part is on SSRN and the rest is coming soon. The abstract: The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application … Continue reading Menkel-Meadow on Multi-Party Dispute Resolution, Democracy, and Decision Making →

Jennifer Schulz (Manitoba) has published Settlement and Mediation in Canadian Legal Television in the Journal of Arbitration and Mediation. The abstract: This article is a close cultural legal analysis of The Associates, a Canadian legal television program. It describes what The Associates reveals about popular understandings of settlement and mediation in Canada. The show portrays … Continue reading Schulz on Settlement and Mediation in Canadian Legal Television →