Tag Archives: Recent Scholarship

Why We Are Conducting Missouri’s Tower of Babel Symposium and What I Hope We Accomplish

In a recent post, I described the structure of Missouri’s upcoming symposium entitled “Moving Negotiation Theory from the Tower of Babel: Toward a World of Mutual Understanding,” which will take place on October 7, 2016. In this post, I tell why it came about and what I hope it will accomplish. Missouri’s Center for the … Continue reading Why We Are Conducting Missouri’s Tower of Babel Symposium and What I Hope We Accomplish →

A Wonderful Opportunity to Learn More About Negotiation

Probably like many readers of this blog, I have been so busy with many things at work that I rarely have taken the time to study something in depth unless it was necessary for some work project.  For many of us, the last time we really did so was when we were in school as … Continue reading A Wonderful Opportunity to Learn More About Negotiation →

A No-Brainer?

One might assume that using a “planned early dispute resolution” (PEDR) system should be a “no-brainer” for businesses that regularly litigate because litigation-as-usual undermines many business interests such as efficiency, protection of reputations and relationships, control of disputing and business operations generally, and risk management, among others. Although this seems like a plausible assumption, the … Continue reading A No-Brainer? →

Another View of the New FRCP Rules

I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules of Civil Procedure. For a counterpoint, here’s a draft article by SMU Professor Elizabeth G. Thornburg, Cognitive Bias, the ‘Band of Experts,’ and the Anti-Litigation Narrative.  Here’s the abstract: In December of 2015, yet another … Continue reading Another View of the New FRCP Rules →

Video and Powerpoints from Fabulous St. Thomas DSD Symposium

As I mentioned in a recent post, the University of St. Thomas Law School held a terrific symposium on November 13, entitled Dispute System Design: Justice, Accountability and Impact. They have posted a video of the symposium as well as powerpoints from most of the presentations. Kudos to Mariana Hernandez Crespo, Heidi Van De Berg, … Continue reading Video and Powerpoints from Fabulous St. Thomas DSD Symposium →

Why and How Corporations Use PEDR – Preliminary Findings

On Friday, I was honored to join the all-star cast – including keynoter Lisa Blomgren Amsler, Jackie Font-Guzmán, Susan Franck, Tim Hedeen, Mariana Hernandez Crespo, Jan Martinez, Jackie Nolan-Haley, Jen Reynolds, Colin Rule, Andrea Schneider, Nancy Welsh, and Maureen Weston – at St. Thomas Law School’s Symposium, Dispute System Design: Justice, Accountability and Impact. I … Continue reading Why and How Corporations Use PEDR – Preliminary Findings →

Escaping Lawyers’ Prison of Fear in Litigation and Negotiation

You might like to read the cover story in the November 2015 issue of the ABA Journal, “Lawyers Shackled by Fear, Fear Not:  While Feelings of Dread May Be Endemic to the Legal Profession, They Can Be Transformed to Positive Effect,” which features my article, Escaping from Lawyers’ Prison of Fear.  (Click on the title … Continue reading Escaping Lawyers’ Prison of Fear in Litigation and Negotiation →

Dispute Resolution Systems and the Future of Our Field

First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds. I submit not.  Rather, I think that this reflects an evolution of our goals and how we … Continue reading Dispute Resolution Systems and the Future of Our Field →

Missouri Scholarship Booklet

Tis the season of the US News tournament, when our mailboxes fill with literature touting the achievements of law schools far and wide.  Most of us think that this “game” is seriously flawed and wish our schools didn’t have play the game, but we generally feel compelled to do so because of the significant consequences. … Continue reading Missouri Scholarship Booklet →