In my post, Non-Apology Apologies, Part 2, I briefly described Wells Fargo’s acceptance of responsibility but refusal to apologize for its fraudulent practices in creating accounts without customers’ authorization. This post focuses on a point in a New York Times article that provides fascinating background relevant to lawyers, law professors, and law students. Top executives … Continue reading Non-Apology Apologies, Ethics, and Lawyers
GFOI Bernie Mayer has a wonderful blog, Staying with Conflict – the Election Edition 2016. Our political discourse is a far cry from what we learned in high school civics class. Past elections have displayed serious problems of misrepresentation, fearmongering, and evasion of serious discussion of critical issues. But it is so much worse this … Continue reading Bernie Mayer’s Great Blog – Staying with Conflict During this Crazy Election
As you may recall, it has been asserted in this space that “puffing sucks.” Now, a long article in the New York Times entitled, Donald Trump’s Deals Rely on Being Creative With the Truth, documents a long series of instances (including many negotiations) which it euphemistically calls being “creative” with the truth. (Query: if this … Continue reading Puffing About Puffing?
Thanks to Kim Wright, at Cutting Edge Law, I learned about a wonderful TED talk that David Hoffman gave: Lawyers as Peacemakers. Really?!? Yes, Really. It describes his personal journey from a hippie seeking social justice to lawyer who sometimes litigated to full-time peacemaker practicing mediation and collaborative law (CL). It is an inspiring talk, … Continue reading Fabulous TED Talk by David Hoffman on Lawyers as Peacemakers
Probably like most faculty who read this blog, at my school, we are very proud of our students (or most of them, anyway). We want to let people know of their good work, so we are highlighting some of their publications in our Journal of Dispute Resolution. I am starting with an excellent comment by … Continue reading Mashburn on Mediation in Open Adoption Cases
President Obama came to prominence in 2004 with a speech in which he argued that there isn’t a red America and a blue America but rather a single United States of America. Looking back twelve years later, this may seem like a rather odd notion in a country riven by intense political polarization. President Obama … Continue reading Presidential Lecture on Listening and Compromise
Good. Now I have your attention . . . for the nanosecond before you check your Facebook page. I just read two articles about the difficulties of “single-tasking,” aka paying attention. A cute piece in the New York Times identifies a number of problems with multi-tasking with electronic devices and quotes psychologist Kelly McGonigal who … Continue reading Please Put Away Your Damn Phone and Pay Attention
The New York Times just published a piece that really grabs me. It is a collection of photos and quotes of Iranians about their expectations from the recent agreement prohibiting Iranian nuclear weapon development. For one thing, the photos are wonderfully compelling and artistic images. They display the faces of people from a country considered … Continue reading Seeing Through Others’ Eyes
In a recent post, I mentioned that as a DR person, I particularly like the Serial podcast, and Erin Archerd asked why. I really love the way that the program seeks to learn and portray the complex realities of the stories it covers. It looks at them from many angles so that listeners get a … Continue reading Appreciation of Serial
This seems like an appropriate time to review that best-selling negotiation guide written in the 1980s. I refer, of course, to The Art of the Deal by Donald J. Trump. (What – you were expecting Getting to Yes?) The leading presidential candidates from both major political parties have a lot of professional negotiation experience and … Continue reading Review of Best-Selling Negotiation Text