The indefatigable Debra Berman (South Texas) raised an interesting issue on the listserv, which has been posted here, asking if we are doing our students a disservice by over-emphasizing integrative bargaining in our negotiation courses. Her question is reminiscent of questions raised by James J. While, Gerald Wetlaufer, and Russell Korobkin among other over the … Continue reading The Over-Emphasis on Integrative Negotiation Pedagogy
New Zealand, not surprisingly, is moving the needle faster than the U.S. on gender equity by changing the criteria that is actually used to measure pay equity. The New York Times had a great piece yesterday that explains this further. It’s all about the standards that we use. Think Moneyball for equity. Our traditional argument … Continue reading Moneyball for Equity
Bill Froehlich (deputy director of Ohio State’s Divided Community Project) asked me to share this post… Ohio State’s Divided Community Project was privileged to develop Ohio State’s Education for Citizenship Post-Election Dialogue Series in partnership with Ohio State President Kristina M. Johnson. We just completed the first two events in this series: 1. “Unpacking the … Continue reading Tools for Difficult Post-Election Conversations
From EFOI Debra Berman: In our zeal to teach integrative bargaining, many of us tend to use negotiation role-plays that have multiple items to creatively bargain about. But is that actually doing a disservice to our students? While I certainly believe it is beneficial to teach our students to think outside of the box and encourage … Continue reading Is Our Over-Emphasis on Integrative Negotiation Pedagogy Falling Short of Reality?
Reflecting on my They Should Call it Negotiation School and Law School Failures posts, I wrote the following message, which you may want to share with your students. Although they may be too busy to follow up on this now, you can plant a seed for them to pursue this during the winter break. ___________________________________________________________________ … Continue reading A Message for Law Students to Prepare Themselves for Legal Practice
From TFOI Robyn Weinstein: The ADR Department of the US District Court for the Eastern District of New York and the Columbia Law School Ethics Colloquium will present a program, Anti-Racism and the Mediator’s Role: Irreconcilable Differences or Ethical Imperative?, on Friday, November 13, 2020, from 12:00pm – 1:30pm. The program is free and 1.5 … Continue reading Program on Anti-Racism and the Mediator’s Role on November 13
Kris Franklin is a kindred spirit to folks in our community. I hadn’t heard of her until I was wowed by her conversation with Peter Phillips, which you can see in this 42-minute video. She’s a professor at New York Law School and here’s an excerpt from her webpage: An academic innovator, Kris Franklin brings … Continue reading You Really Should Know About Kris Franklin
I previously posted an overview of the excellent report by Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett, Building a Better Bar: The Twelve Building Blocks of Minimum Competence. This report is based on insights from 50 focus groups with 201 participants conducted … Continue reading Study Finds That Law Schools Fail to Prepare Students to Work with Clients and Negotiate
Here’s an inspiring message from TTFOI Rachel Viscomi: Dear friends and colleagues, As the United States engages a deeply consequential election, one thing I know for certain is that, whatever the final tally shows, we have a long road ahead of us. The election, while vitally important, can only do so much. It can tell … Continue reading Inspiring Message from Rachel Viscomi About Moving Forward
Houston, We Have a Problem I’ve said it before, and I’ll say it again. We use rotten language to describe our ideas and theories. Theory is important because it guides actions. Concepts are building blocks of theory. It’s a real problem if we use different language for similar concepts or the same terms for different … Continue reading Need for Clear Language Initiative to un-Babel Our Models
