CSDR-LL.M. E-newsletter Archives

Vol. 8, Issue 6 - October 26, 2007

What’s Inside:

CSDR / LL.M. PROGRAM NEWS

PROFS. GUTHRIE, LANDE, AND UPHOFF PUBLISH ARTICLES IN SYMPOSIUM ON JUDGING
Prof. Chris Guthrie, a senior fellow of the Center now at Vanderbilt Law School, published “Misjudging,” the lead article in a symposium, at 7 Nevada Law Journal 420 (2007).  Guthrie argues, based on his empirical research, that judges are prone to error because of three types of “blinders” and, as a result, disputants should consider using non-judicial dispute resolution processes generally, and particularly facilitative mediation and arbitration. Prof. John Lande published a response entitled, “Judging Judges and Dispute Resolution Processes,” at 7 Nevada Law Journal 457 (2007). He argues that Guthrie’s article does not consider whether judges make these errors more than others and that disputants should choose dispute resolution processes based on a wide range of factors such as their values, interests, resources, relationships, and constraints. Prof. Rodney J. Uphoff also published a response, entitled “On Misjudging and its Implications for Criminal Defendants, Their Lawyers, and the Criminal Justice System,” at 7 Nevada Law Journal 521 (2007). He agrees that judges misjudge but argues that biased judging and structural problems in the criminal justice system are more serious problems in criminal cases. Prof. Jean Sternlight, a senior fellow of the Center now at University of Nevada-Las Vegas, helped organize the symposium.

PROF. PHIL HARTER WAS PANELIST AT ABA ADMINISTRATIVE LAW CONFERENCE
Prof. Phil Harter was a panelist at the Administrative Law Conference -- “25 Years of Negotiating Policy: The Status of Collaborative Governance” -- held on Oct. 25 in Washington, DC. The program, which was sponsored by the ABA Section of Administrative Law and Regulatory Practice and the ABA Section of Dispute Resolution, provided insights into the current state of regulatory processes and agency management.

PROFS. LANDE AND GUTHRIE GIVE TALKS AT GEORGIA ADR INSTITUTE
Prof. John Lande gave the keynote address at the Fourteenth Annual ADR Institute and Neutrals’ Conference sponsored by Institute of Continuing Legal Education in Georgia, on Oct. 19. His talk was entitled “How to Increase Use of Interest-Based Negotiation Through Cooperative Legal Practice,” based on his study of Cooperative Lawyers in Wisconsin. Prof. Chris Guthrie, a senior fellow of the Center now at Vanderbilt Law School, gave a talk entitled, “Mind Games:  The Psychology of Negotiation and Influence.”

MARQUETTE CONFERENCE FEATURED MU FACULTY, ALUMNI, AND STUDENT
On Oct. 19, The Marquette Law School Works-in-Progress Conference featured several presenters from the Law School. Prof. Richard Reuben presented “News Coverage of Conflict: Fanning the Flames or Democratic Dialogue?” Appalachian Law School Prof. Cynthia Alkon (LL.M. ’02) presented, “Plea Bargaining:  An Idea Good Enough to Import to Troubled Criminal Justice Systems?” Current LL.M. student, Brian Pappas, also presented his topic, “Negotiating with the FBI: A Newcomer's Research Agenda.”

PROF. PAULA YOUNG PRESENTS AT ETHICS ADR SYMPOSIUM
Appalachian Law School Prof. Paula Young (LL.M. ’03) will be speaking at the Nov. 2 South Texas Law Review Symposium on “Ethics in the Expanding World of ADR.” Her topic will be “Lawyer Disciplinary Committees: They Don’t Understand the Difference Between the Authorized Practice of Mediation and the Unauthorized Practice of Law.”

DVD OF CENTER’S ANNUAL SYMPOSIUM IS AVAILABLE AT THE LAW SCHOOL LIBRARY
DVDs of the Center’s symposium “Innovative Models of Lawyering: Collaborative Law and Other Processes,” can be borrowed from the MU Law School Library Reserve Desk. The symposium took place on Oct. 12, and featured keynote speaker David Hoffman, as well as Prof. John Lande, Center Director Robert Bailey, and Prof. Stephen Easton, among others.  If you would like to get a copy of the DVD, e-mail Laura Coleman at colemanl@missouri.edu.