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

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

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

Collected Stone Soup Resources

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

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

Readings and Resources for Teaching

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

A Case Study of Murphy’s Law in Missouri

Ben Trachtenberg, one of the sharpest faculty at my school, wrote this outstanding article analyzing what went wrong during the highly-publicized controversies at the University of Missouri in 2015.  Having lived through this painful conflict, Ben’s account seems extremely accurate – and brings up a lot of sad memories for me, reminding me of things … Continue reading A Case Study of Murphy’s Law in Missouri

Keet and Heavin on Why Litigation Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation risk assessment” (LRA), something you probably teach using different names.  You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LRA. Building on their own and others’ research, they developed a simple but comprehensive framework for practitioners … Continue reading Keet and Heavin on Why Litigation Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

An Epic (and Compounded) Mistake in Epic Systems

  In my 2015 article, Justice Scalia’s Hat Trick and the Supreme Court’s Flawed Understanding of Twenty-First Century Arbitration, I pointed out a factual mistake in the majority opinion in American Express v. Italian Colors, 133 S. Ct. 2304 (2013). In that opinion, Justice Scalia wrote: A pair of our cases brings home the point [that a class … Continue reading An Epic (and Compounded) Mistake in Epic Systems

Stone Soup in 2L and 3L Courses

The Stone Soup Project is about learning how things actually work in practice.  Exposing students to the real world of practice through interviews or observations of actual cases can help them make sense of legal doctrine. Although we have started using Stone Soup in traditional ADR courses, the same techniques can work in a wide … Continue reading Stone Soup in 2L and 3L Courses

Stone Soup in 1L Courses

Many colleagues see an obvious benefit from using Stone Soup assignments in traditional dispute resolution courses but have doubts about using them in other courses, especially 1L courses.  At the ABA Legal Educators’ Colloquium, some people worried that using Stone Soup in 1L courses would overwhelm students. That shouldn’t necessarily be the case, especially if … Continue reading Stone Soup in 1L Courses