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Linking Dispute Resolution Scholarship, Education, and Practice
Updated: 1 hour 40 min ago

Appreciating This Year’s Stone Soup Faculty

Thu, 2018-08-30 11:53
I am very proud to present the roster of faculty who are using Stone Soup in their courses this year to help students learn about actual cases.  This features 52 faculty members, including about 22 who are starting to use it this year.  They come from 37 schools, including about 14 where it is being used … Continue reading Appreciating This Year’s Stone Soup Faculty →

Last Chance to Register for Works in Progress

Tue, 2018-08-28 09:51
Hosted by FOI Deborah Eisenberg and her great team at the University of Maryland School of Law, our annual works-in-progress conference will be October 4-6.  Registration link is here. Come hear great papers, hang out with colleagues, get inspired for your own work, and start the academic year with a bang!  Hope to see you … Continue reading Last Chance to Register for Works in Progress →

Pepperdine Launches Jewish Divorce Mediation Clinic

Mon, 2018-08-27 15:36
In partnership with the Jewish Divorce Assistance Center of Los Angeles, Pepperdine is launching the Jewish Divorce Mediation Clinic.  According to Pepperdine’s Surf Report (best ever name for a law school news update) this description The School of Law is launching the Jewish Divorce Mediation Clinic in Fall 2018. Open to JD and LL.M. students … Continue reading Pepperdine Launches Jewish Divorce Mediation Clinic →

“It’s called ‘flipping’ and it almost ought to be illegal”

Sat, 2018-08-25 01:21
President Trump said this in response to the plea bargain of his former lawyer, Michael Cohen. However, Michael Cohen did not, in fact, “flip.” Cohen’s plea deal is not conditioned on him giving any evidence in a future or concurrent prosecution. Michael Cohen did plead guilty in federal court to eight counts including tax fraud, … Continue reading “It’s called ‘flipping’ and it almost ought to be illegal” →

Make Video History

Thu, 2018-08-23 17:53
You make history all the time though you probably don’t think about it that way. People often think of history as involving significant public figures and events, not average people doing things in their everyday lives.  Of course, we are the central actors in our own lives and we are part of our own and … Continue reading Make Video History →

ODR Forum Reminder – November 14-15

Wed, 2018-08-22 20:14
From my colleague, Amy Schmitz: This is a further reminder I am sending out on behalf of Professor Ian Macduff, who is the Director of the NZ Centre for ICT Law at the University of Auckland.   This reminder is about the 18th ODR Forum, to be hosted by the NZ Centre for ICT Law in … Continue reading ODR Forum Reminder – November 14-15 →

Call for Proposals – ABA DR Conference

Tue, 2018-08-21 18:28
From FOI Rishi Batra: A quick reminder from the Legal Education in Dispute Resolution Committee of the ABA Section of Dispute Resolution that Program Proposals for the Spring Conference (April 10-13, 2019, at the Hyatt Regency Hotel in Minneapolis, MN) are due by August 31, 2018. This includes proposals for the Legal Educators Colloquium (LEC) … Continue reading Call for Proposals – ABA DR Conference →

Frank Sander memorial: October 20

Mon, 2018-08-20 12:34
The memorial service for Frank Sander will take place at Harvard’s Memorial Church on October 20 at 2pm, with a reception to follow at the Harvard Faculty Club.  I hope that you will come, if you are able. Meanwhile, Frank’s children have put together an absolutely breathtaking website (franksander.com) with photos and stories from Frank’s … Continue reading Frank Sander memorial: October 20 →

What’s the Truth?

Sun, 2018-08-19 21:27
“Truth isn’t truth.”  So said Rudy Giuliani when explaining why his client, the president, should avoid participating in an interview with Special Counsel Robert Mueller.  He rejected the argument that his client didn’t have to worry about this even though he would tell the truth because Mr. Mueller may have a different “version of the … Continue reading What’s the Truth? →

Comings, Goings, and Other Milestones – 2018 edition (updated)

Fri, 2018-08-17 17:19
Every year I do my best to keep track of faculty moves and other items of note for posting at the beginning of the academic year to spread the news.  We’re light on moves this year – none (really?) – but there are several prominent visitors and some interesting openings for next year.   And scroll … Continue reading Comings, Goings, and Other Milestones – 2018 edition (updated) →

The Future of ADR Scholarship

Fri, 2018-08-17 11:36
For those of us who could not attend the SEALS Conference this year, our friend Rishi Batra (Texas Tech) was kind enough to prepare a nice summary of the very interesting discussion group titled the Future of ADR Scholarship.  What a great panel and discussion.  Enjoy, and thanks Rishi ! In a wide ranging and … Continue reading The Future of ADR Scholarship →

Texas A&M is hiring (yes, really!)

Thu, 2018-08-16 23:35
The following is from my dear colleague, Michael Green: As a member of the faculty appointments committee at Texas A&M School of Law identified to serve as a main point of contact in the particular area of dispute resolution, I am happy to report that we have a potential opening this year as part of … Continue reading Texas A&M is hiring (yes, really!) →

Tenth Annual Securities Dispute Resolution Triathlon

Thu, 2018-08-16 19:56
From TFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA) invite you to participate in the tenth annual Securities Dispute Resolution Triathlon, a competition of competence in the dispute resolution field. The Triathlon is the first and only competition to include negotiation, … Continue reading Tenth Annual Securities Dispute Resolution Triathlon →

Bill Drake (1944 – 2018): The Passing of an ADR Pioneer

Wed, 2018-08-15 09:38
Summarizing Bill Drake’s career is a task poorly suited for a blog post. He was a pioneer in creating integrated approaches to conflict and dispute systems, with a particular focus early in his career on city-level initiatives. He helped to run NIDR early on. He advised ACCORD. He ran the Western Justice Center Foundation. And … Continue reading Bill Drake (1944 – 2018): The Passing of an ADR Pioneer →

Use of Arbitration Agreement to Silence Omarosa

Tue, 2018-08-14 15:36
Omarosa Manigault Newman, a former Trump White House aide, just published a tell-all book and the Trump campaign filed an arbitration action alleging that she broke a 2016 confidentiality agreement. According to this Washington Post article, “Initially, [White House Counsel Donald] McGahn told Trump he would not draft or give aides the [non-disclosure agreements] because … Continue reading Use of Arbitration Agreement to Silence Omarosa →

Prosecutors, power, and humor…

Tue, 2018-08-07 21:03
John Oliver recently devoted time on Last Week Tonight to looking at US prosecutors.  Oliver discussed plea bargaining, the pressure put on defendants to accept plea deals, and prosecutorial hard bargaining tactics. There is nothing new here, but it is a nicely done piece (especially if you don’t mind the F-word being used liberally).  If … Continue reading Prosecutors, power, and humor… →

Collected Stone Soup Resources

Fri, 2018-08-03 08:23
The Stone Soup Project developed an extensive set of materials for faculty to help their students get a better understanding of the real world of practice.  This post collects links to these materials  in one place so that faculty can easily include a Stone Soup assignment in a wide range of courses.  Although these materials … Continue reading Collected Stone Soup Resources →

Rachel Viscomi, Harvard Assistant Clinical Professor

Tue, 2018-07-31 06:54
Announcement yesterday from Harvard Law School that Rachel Viscomi has been appointed as an assistant clinical professor of law. She will also direct Harvard’s Negotiation and Mediation Clinical Program. Full press release at (https://today.law.harvard.edu/rachel-viscomi-named-assistant-clinical-professor-law/). Rachel’s energy is hard to capture in a blog post, but I suspect that anyone reading this doesn’t need for me … Continue reading Rachel Viscomi, Harvard Assistant Clinical Professor →

In Praise of a Trial

Mon, 2018-07-30 20:24
The trial of Paul Manafort, which is scheduled to begin tomorrow, is a good illustration of an important value of trials. A decade ago, there was a flurry of academic activity following the publication of Prof. Marc Galanter’s detailed 2004 study entitled, The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State … Continue reading In Praise of a Trial →

Readings and Resources for Teaching

Sun, 2018-07-29 18:35
As you gear up for the new year, here’s a reminder of some of my favorite things you might require or recommend that students read. My short “Letter to Kelly” provides advice for new 1Ls.  If you teach a 1L course, you might assign it even though it doesn’t focus on any particular 1L subject. … Continue reading Readings and Resources for Teaching →