SelectedWorks - Jonathan R. Cohen

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Selected Works of Jonathan R. Cohen

Professor of Law

Education
J.D., Harvard Law School Ph.D., Harvard University M.A.., Harvard University A.B., Harvard College
Teaching and Scholarship
Negotiation, Dispute Resolution, Ethics, Evidence, Social Justice
Professional Activities
University of Florida: Joined College of Law faculty in 1999 on staff at the law school's Institute for Dispute Resolution
Harvard Law School: Hewlett Fellow & Lecturer in Law (1997-99)
Harvard University: Teaching Fellow (Economics) (1989, 1992-93)
Organizations: American Bar Association (Dispute Resolution Section), Massachusetts Bar, New York Bar

Works
About

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About Jonathan R. Cohen

Education
J.D., Harvard Law School Ph.D., Harvard University M.A.., Harvard University A.B., Harvard College
Teaching and Scholarship
Negotiation, Dispute Resolution, Ethics, Evidence, Social Justice
Professional Activities
University of Florida: Joined College of Law faculty in 1999 on staff at the law school's Institute for Dispute Resolution
Harvard Law School: Hewlett Fellow & Lecturer in Law (1997-99)
Harvard University: Teaching Fellow (Economics) (1989, 1992-93)
Organizations: American Bar Association (Dispute Resolution Section), Massachusetts Bar, New York Bar

Present	Fredric G. Levin College of Law, University of Florida Levin College of Law
Institution Organization Position Type Position Title Time Period to Options Current Position Affiliate my profile with this Institution
Present	Professor of Law, University of Florida Levin College of Law
Institution Organization Position Type Position Title Time Period to Options Current Position Affiliate my profile with this Institution

Law

Mailing Address:
Box #117625 Gainesville, FL 32611
Email:
cohenjr@law.ufl.edu
Phone:
352.273.0919
Fax:
352.392.3005

Email:

Articles (23)

Negative Identity and Conflict (Jonathan R Cohen) 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 ...

Developing Communities of Dialogue (Jonathan R. Cohen) UF Law Faculty Publications (2018)

We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political ...

Lawyers Serving Gods, Visible and Invisible (Jonathan R. Cohen) 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 ...

Two Directions toward Ethical Peoplehood (Jonathan R. Cohen) UF Law Faculty Publications (2018)

From the biblical era through the present day, the conception of Israel as a people devoted to ethical ends has been a core Jewish value. But how is such a model to be implemented? This ...

A Genesis of Conflict: The Zero-Sum Mindset (Jonathan R Cohen) UF Law Faculty Publications (2016)

Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the “zero-sum mindset,” can lead to undesirable results, both because it can ...

Open-Minded Listening (Jonathan R Cohen) UF Law Faculty Publications (2014)

Parties in conflict do not typically listen to one another well. On a physical level they hear what their counterparts say, but on a deeper level they do not truly absorb or think seriously about ...

Conflicts as Inner Trials: Transitions for Clients, Ideas for Lawyers (Jonathan R Cohen) 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 (Jonathan R. Cohen) 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 (Jonathan R Cohen) 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 ...

Coping with Lasting Social Injustice (Jonathan R. Cohen) UF Law Faculty Publications (2007)

Sometimes we experience poetry in human life -- a sense of joy and wonder, connectedness and meaning, and occasionally even transcendence. Sometimes we do not. This is, I believe, a general aspect of the human ...

COPING WITH LASTING SOCIAL INJUSTICE (Jonathan R. Cohen) Washington and Lee Journal of Civil Rights and Social Justice (2007)

Judaism without Ordinary Law: Toward a Broader View of Sanctification (Jonathan R. Cohen) 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 ...

The Immorality of Denial (Jonathan R. Cohen) UF Law Faculty Publications (2005)

This article is the first of a two-part series critically examining the role of lawyers in assisting clients in denying responsibility for harms they have caused. If a person injures another, the moral response is ...

The Culture of Legal Denial (Jonathan R. Cohen) UF Law Faculty Publications (2005)

The goals of this essay are twofold. The first is to examine critically the practice of lawyers assisting clients in denying harms they commit and suggest some ways of changing that practice. Lawyers commonly presume ...

Let's Put Ourselves Out of Business: On Respect, Responsibility, and Dialogue in Dispute Resolution (Jonathan R. Cohen) 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 (Jonathan R Cohen) 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 (Jonathan R. Cohen) 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 (Jonathan R Cohen) 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 (Jonathan R. Cohen) 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 (Jonathan R. Cohen) 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 ...

Advising Clients to Apologize (Jonathan R. Cohen) UF Law Faculty Publications (1999)

The article argues that lawyers should consider the possibility of advising clients to apologize for harms they commit, as in some cases apology may best serve their client's interests. The articles discusses some of the ...

Difficult Conversations Made Easier (Jonathan R. Cohen) UF Law Faculty Publications (1999)

The first question a reviewer faces is whether to recommend the book. In this regard, my job in reviewing Difficult Conversations: How to Discuss What Matters Most by Douglas Stone, Bruce Patton and Sheila Heen ...

Reasoning Along Different Lines: Some Varied Roles of Rationality in Negotiation and Conflict Resolution (Jonathan R Cohen) 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 ...