Over the past year, we have witnessed growing evidence of the massive failures of our legal system to deal properly with a rampant system in which powerful men sexually dominate others, especially women. This post describes the nature, magnitude, and consequences of a long-term history of criminal and civil sexual offenses in the US and … Continue reading How Can We Fix Legal System Failures to Properly Handle Sexual Offenses?
Like millions of others, I got hooked on the Serial podcasts. The first season told the story of a real-life whodunit, examining the trial of a young man convicted of murdering his ex-girlfriend. The second season focused on Bowe Bergdahl, a soldier who left his base in Afghanistan and was held captive by the Taliban … Continue reading Serial Podcast Examines the Criminal Justice System
From my colleague, S.I. Strong: I am happy to announce the publication of the spring 2018 issue of the Journal of Dispute Resolution, which includes pieces from our symposium on The First Amendment, The University and Conflict. The articles will shortly be put on Westlaw and Lexis, but until then, you can download copies for … Continue reading Symposium Articles on The First Amendment, The University, and Conflict
I recently joined the ABA Section of Dispute Resolution’s Publications Board, which recruits people to write books, reviews book proposals, and oversees the Section’s bookselling operation. If you might want to write a book for the Section, you can contact Pub Board chair Rebecca Price and/or vice-chair Andy Little. I came to appreciate the importance … Continue reading The New Handshake: Using ODR to Create Value for Consumers and Businesses
“[I]f . . . I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made. I can waste more time, I can string it along, I can make sure … Continue reading A Good Bad-Faith Policy?
From WFOI Kristen Blankley: Associate Professor Kristen Blankley (Nebraska) has an update on new restorative justice programs in Nebraska. Currently, these programs are working with youth offenders, culminating in a victim/youth conference (similar, but not the same as a mediation). Cases are coming into the program from three sources: 1) directly from schools, 2) on … Continue reading Kristen Blankley: Restorative Justice in Nebraska
Recently, I did a post about a new book that Forrest (“Woody”) Mosten co-authored about unbundled legal services. Woody just sent me a link to a podcast conversation he had with our friend, Dr. Julie Macfarlane, the director of the National Self-Represented Litigants Project (NSRLP). In this podcast, entitled “Back to the Future of Legal … Continue reading Conversation Between Julie Macfarlane and Woody Mosten about Unbundling and Self-Represented Litigants
Some questions for law professors: Why did you go to law school? Why did you decide to go into academia? What do you want to accomplish in your work? What do you hope for your students? In this post, I give my answers to these questions, which I think will resonate for many readers of … Continue reading Stone Soup, Reflective Practice, Action Research, and Social Justice
Missouri’s Center for the Study of Dispute Resolution recently held our annual symposium in coordination with our Journal of Dispute Resolution. The symposium, entitled “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes,” was organized by Professors Bob Jerry and Chris Wells. They specialize, respectively, in insurance law and … Continue reading Missouri Symposium on Managing Disputes About Speech on Campus
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading. It should be of value to anyone interested in mediation. It also provides useful lessons about what we can learn about ADR from empirical research. Superstar ADR empirical researcher Roselle Wissler is the principal … Continue reading Lessons From the ABA’s Excellent Report on Mediator Techniques
TPKATVT is back. It actually hadn’t gone away, though I hadn’t seen signs of it for a while. TPKATVT, aka The Phenomenon Known as the Vanishing Trial, got started by a 2004 report written by Professor Marc Galanter, The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts. Each year … Continue reading TPKATVT
This week I gave a talk by skype to EFOI Elayne Greenberg’s Dispute System Design Seminar through St. John’s Hon. Hugh L. Carey Center for Dispute Resolution. This year-long honors seminar is described as follows. “The 3L Carey Center Fellows in the seminar use a textbook, and explore real-life examples, that introduce the core elements … Continue reading Presentation at St. John’s DSD Seminar on Overcoming Barriers to Implementation of PEDR Systems