|Present||Fredric G. Levin College of Law, University of Florida Levin College of Law|
|Present||Professor of Law, University of Florida Levin College of Law|
Box #117625 Gainesville, FL 32611
Negative Identity and Conflict UF Law Faculty Publications (2020)
This article explores an aspect of identity that can be particularly challenging for conflict resolution—negative identity. By negative identity, I mean an identity in which a party implicitly or explicitly defines itself in a negative ...
Lawyers Serving Gods, Visible and Invisible UF Law Faculty Publications (2018)
A critique of the American legal profession can be framed through the metaphor of idolatry, specifically the proclivity of lawyers to serve visible rather than invisible interests in their work. This proclivity has ramifications ranging ...
Conflicts as Inner Trials: Transitions for Clients, Ideas for Lawyers UF Law Faculty Publications (2012)
As times of transition, conflicts often produce significant inner trials for parties. This paper categorizes some of the more common inner trials parties in conflict face (e.g., coping with loss, strong emotions, uncertainty, etc.) and ...
The Path Between Sebastian's Hospitals: Fostering Reconciliation After a Tragedy UF Law Faculty Publications (2011)
On October 8, 2007, Horst and Luisa Ferrero brought their healthy but short, three-year-old son Sebastian to a university hospital for a “routine” test to determine whether he lacked human growth hormone. Two days later, ...
Fostering Race-Related Dialogue: Lessons from a Small Seminar UF Law Faculty Publications (2011)
People frequently shy away from discussing race. Yet, for many reasons, discussing race is extremely important. Drawing upon my experience of teaching a small seminar that addressed race through the lens of reconciliation, in this ...
Judaism without Ordinary Law: Toward a Broader View of Sanctification UF Law Faculty Publications (2006)
With the functional constriction of Jewish law to the ritual, it is easy to relegate Torah and, with it, our sense of sanctification, to the ritual. Such is a great loss. Recognizing sanctification as not ...
Let's Put Ourselves Out of Business: On Respect, Responsibility, and Dialogue in Dispute Resolution UF Law Faculty Publications (2003)
This Essay works in two steps. I want to daydream with you about the future, or what I hope will someday be the future, of our dispute resolution movement. I want to then use these ...
DR Ethics Book Brings It All Together UF Law Faculty Publications (2002)
Dispute resolution practice has changed dramatically over the past several decades. The traditional litigation model has increasingly given way to a “multi-door” vision of varied dispute resolution practices. With that functional change in how we ...
Legislating Apology: The Pros and Cons UF Law Faculty Publications (2002)
Should apologies be admissible into evidence as proof of fault in civil cases? While this question is a simple one, its potential ramifications are great, and legislative and scholarly interest in the admissibility of apologies ...
Holistic Lawyering UF Law Faculty Publications (2001)
Transforming Practices documents profound changes occurring within legal practice and simultaneously helps illuminate the road ahead. Indeed, the psychological insight, moral questioning, concrete applications, and eloquent writing on a topic of significance combine to impart ...
When People are the Means: Negotiating with Respect UF Law Faculty Publications (2001)
Most scholarship on negotiation ethics has focused on the topics of deception and disclosure. In this Article, I argue for considering a related, but distinct, ethical domain within negotiation ethics. That domain is the ethics ...
Apology and Organizations: Exploring an Example from Medical Practice UF Law Faculty Publications (2000)
In this Article, I focus on injuries committed by members of organizations, such as corporations, and examine distinct issues raised by apology in the organizational setting. In particular, I consider: (i) the process of learning ...
Reasoning Along Different Lines: Some Varied Roles of Rationality in Negotiation and Conflict Resolution UF Law Faculty Publications (1998)
This paper argues that in negotiation and other forms of dispute, resolution reasoning may play different roles. Parties, for example, may reason both about what is best for them individualistically and collectively. They may also ...