Articles

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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 301 (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 (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 (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...

 

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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,...

 

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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...

 

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"What's Really Going On?" A Study of Lawyer and Scientist Inter-Disciplinary Discourse, 25 Rutgers Computer and Technology Law Journal 181 (1999)
 

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Learning from Colleagues: A Case Study in the Relationship Between "Academic" and "Ecological" Clinical Legal Education, 3 Clinical Law Review 337 (1997)
 

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Bargaining in the Dark: The Normative Incoherence of Lawyer Dispute Bargaining Role, 51 Maryland Law Review 1 (1991)
 

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"Tastes Great, Less Filling": The Law School Clinic and Political Critique, 36 Journal of Legal Education 45 (1986)
 

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"Cases on Both Sides": Patterns of Argument in Legal Dispute-Negotiation, 44 Maryland Law Review 65 (1985)
 

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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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Socrates' New Clothes: Substituting Persuasion for Learning in Clinical Practice Instruction, 40 Maryland Law Review 223 (1981)
 

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Citizens, Police, and Polarization: Are Perceptions More Important Than Facts?, 47 Journal of Urban Law 653 (1969)
 

Chapters in Books

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The Moral Failure of Clinical Legal Education, The Good Lawyer 317 (1983)
 
The Shea Act (Chapter 12), 1970 Annual Survey of Massachusetts Law 305 (1970)