Dispute Resolution

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The Curious Case of Transformative Dispute Resolution: An Unfortunate Marriage of Intransigence, Exclusivity, and Hype, 14 Cardozo Journal of Conflict Resolution 621 (2013)

Why do proponents of Transformative Dispute Resolution (TDR) defend the Theory in such intransigent, exclusivist,...

 

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Bargaining without Law, 56 New York Law School Law Review 221 (2012)

Like a professional athlete on growth hormones, legal bargaining scholarship has transformed itself over the...

 

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Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, 10 Pepperdine Dispute Resolution Law Journal 215 (2009)

In the good old days legal bargaining scholarship was based mostly on negotiator war stories...

 

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Bargaining with a Hugger: The Weaknesses and Limitations of a Communitarian Conception of Legal Dispute Bargaining, or Why We Can't All Just Get Along, 9 Cardozo Journal of Conflict Resolution 301 (2008)

The communitarian conception of dispute-bargaining now popular with legal academics presupposes a world in which...

 

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"Every Day and in Every Way, We Are Becoming Meta and Meta:" or How Communitarian Bargaining Theory Conquered the World (of Bargaining Theory), 23 Ohio State Journal of Dispute Resolution 231 (2008)

Debate over the relative merits of communitarian and adversarial theories of dispute negotiation has pre-occupied...

 

Clinical Legal Education

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"Practice Ready Graduates": A Millennialist Fantasy, Faculty Scholarship (2014)

The sky is falling on legal education say the pundits, and preparing “practice ready” graduates...

 

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Clinical Education in the Seventies: An Appraisal of the Decade, 33 Journal of Legal Education 604 (1983)

Presentation to the Clinical Section of the Association of American Law Schools.

 

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The Moral Failure of Clinical Legal Education, The Good Lawyer 317 (1983)
 

Civil Procedure

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A Formstone of our Federalism: the Erie/Hanna Doctrine & Casebook Law Reform, 59 Miami Law Review 475 (2005)

The one I feel sorry for is John Ely. More than thirty years ago, in...

 

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"Defendant Veto" or "Totality of the Circumstances?": It's Time for the Supreme Court to Straighten Out the Personal Jurisdiction Standard Once Again, 54 Catholic University Law Review 53 (2004)

Commentators frequently claim that there is no single, coherent doctrine of extra-territorial personal jurisdiction, and,...

 

Legal Ethics

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'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends for Christ's Sake' : The Complicated Relationship Between Lawyer and Client, 82 Nebraska Law Review 211 (2003)

Should lawyers love their clients and try to be their friends? Highly regarded legal scholars...

 

Legal Education

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"Practice Ready Graduates": A Millennialist Fantasy, Faculty Scholarship (2014)

The sky is falling on legal education say the pundits, and preparing “practice ready” graduates...

 

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The Shea Act (Chapter 12), 1970 Annual Survey of Massachusetts Law 305 (1970)