We have an interesting political issue here in Phoenix that touches on apologies, a topic of great interest to many in the ADR world. In a rather routine sentencing hearing at the Superior Court in the midst of defense counsel’s arguments to the court, a detention officer took a document out of the defense attorney’s … Continue reading Apology and Contempt
A fun article in the NYT last week (hat tip to Bobbi McAdoo for sending this along) noted a new way of taking advantage of those too inebriated to turn down empirical scientists–run experiments on them! The scientists were interested in how the ultimatum game works when people are a little fuzzy in their thinking. The ultimatum … Continue reading Drinking Games and Negotiation
Melissa Manwaring asked me to post a brief announcement regarding the great “On Teaching” columns in the Negotiation Journal. I often find these columns incredibly helpful so I hope that some of us take her up on the offer below: Negotiation Journal (published by the Program on Negotiation at Harvard Law School and Blackwell Publishing) … Continue reading Negotiation Journal Seeks Submissions
Last week’s coverage of the pending purchase of NBC by cable giant Comcast reminded me of Jamie Moffitt’s paper presented at the Works in Progress conference last month. Jamie’s article, entitled Merging in the Shadow of the Law: Why Judicial Efficiency Analysis Matters examines current judicial interpretation of Section 7 of the Clayton Act through the lens of … Continue reading Is NBC Bargaining in the Shadow of Fuzzy Antitrust Law?
Nancy Welsh of Penn State has sent out a reminder email, soliciting papers for their upcoming conference focusing on Iqbal. See below for details. There is SO much to be said about that case, both from an ADR and an CivPro perspective. I hope that the folks at Penn State will make the proceedings available … Continue reading Call for Iqbal Papers
Michael Moffitt
Earlier this Fall, Larry Susskind visited the University of Oregon as part of an ongoing speaker series we host, exploring the intersection of ADR and Environmental and Natural Resources Law. Larry spoke (occasionally provocatively) about current notions of public participation and deliberative democracy. An audio recording of his remarks is available at: http://enr.uoregon.edu/media/fireside5_f09.mp3 Michael Moffitt
On December 7, 2009 at 2-4pm EST, the United States Institute for Peace is bringing together speakers to discuss “The Way Forward in Afghanistan.” It will be broadcast via webcast at: http://www.usip.org/webcast.html The invitation states: “On Tuesday, December 1, 2009 President Obama gave a major address on Afghanistan, committing additional U.S. soldiers, civilians, and assistance … Continue reading Thoughts on our future in Afghanistan
With another great story about children, a shout out to my RA Erica Hayden for this lovely example of mediation told to her by a friend about her 10-year-old daughter: “Emily” came home from school one day and told her mom how she helped two girls make-up with each other after a bad fight. Emily … Continue reading The Wisdom of Children
I am back in the office after attending the Fourth Annual Conference on Empirical Legal Studies this past weekend at the USC Gould School of Law, where I presented this draft of my paper on attorney negotiation ethics. Thanks to Russell Korobkin for thoughtful remarks as an official commenter on the paper and to those who … Continue reading Are ADR and Empirical Legal Studies Cousins ?
