Beyond the Courtroom

Beyond the Courtroom

Author: Hal Abramson

Publisher: Academic Studies PRess

Published: 2020-11-03

Total Pages: 445

ISBN-13: 1644692562

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Beyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.


Problem Solving, Decision Making, and Professional Judgment

Problem Solving, Decision Making, and Professional Judgment

Author: Paul Brest

Publisher: Oxford University Press

Published: 2010-05-26

Total Pages: 696

ISBN-13: 0199995915

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In Problem Solving, Decision Making, and Professional Judgment, Paul Brest and Linda Hamilton Krieger have written a systematic guide to creative problem solving that prepares students to exercise effective judgment and decision making skills in the complex social environments in which they will work. The book represents a major milestone in the education of lawyers and policymakers, Developed by two leaders in the field, this first book of its type includes material drawn from statistics, decision science, social and cognitive psychology, the "judgment and decision making" (JDM) literature, and behavioral economics. It combines quantitative approaches to empirical analysis and decision making (statistics and decision science) with the psychological literature illustrating the systematic errors of the intuitive decision maker. The book can stand alone as a text or serve as a supplement to a core law or public policy curriculum. Problem Solving, Decision Making, and Professional Judgment: A Guide for Lawyers and Policymakers prepares students and professionals to be creative problem solvers, wise counselors, and effective decision makers. The authors' ultimate goals are to help readers "get it right" in their roles as professionals and citizens, and to arm them against common sources of judgment error.


Stateless Law

Stateless Law

Author: Helge Dedek

Publisher: Routledge

Published: 2016-03-03

Total Pages: 432

ISBN-13: 1317050193

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This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.


The Affective Assistance of Counsel

The Affective Assistance of Counsel

Author: Marjorie A. Silver

Publisher:

Published: 2007

Total Pages: 584

ISBN-13:

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This book is subversive. It aims to undermine the legal profession's prevailing gladiatorial paradigm. It is, to use Professor Leonard Riskin's phrase, something off "the lawyer's standard philosophical map." It promises a vision of practicing law that is very different than that taught in most American law schools. There exists tremendous discontent among the practicing bar. Many lawyers have found themselves unhappy or unfulfilled in their practices. Compared to other professionals, lawyers suffer disproportionately from excessive stress, substance abuse, and other emotional difficulties. Many find themselves demoralized or disillusioned about the practice of law. Here's the good news: recent years have witnessed a spate of both new and renewed approaches to the practice of law. Disaffected by the adversarial model, many practitioners have engaged in a quiet revolution, a marriage of theory and practice designed to maximize the healing potential of the law. The result has been a variety of approaches such as Therapeutic Jurisprudence, Collaborative Law, and Creative Problem-Solving. Lawyers are cultivating Emotional Intelligence, Multicultural Competence, and Mindfulness. They are developing ways of working consistent with their spiritual and religious beliefs. New pedagogy is informing old courses, and new courses are evolving and taking their places in the curriculums of increasing numbers of law schools. This book bears the fruit of many of these efforts. The twenty contributors to this book come from widely diverse backgrounds. What they share are visions for more therapeutic, more beneficial, more helping, healing ways to practice law. This book is a resource for law professors, law students, and lawyers who share those visions. "After nearly forty years of law practice, I still look forward to coming to work every morning. This is because I have had incredible mentors who have taught me to practice law as a healer and peacemaker. Now my heroes of the comprehensive law movement have each spoken in one outstanding collection edited by Marjorie Silver. Their essays provide a road map for any lawyer to re-invent himself or herself and achieve a law practice filled with joy, meaning and passion. I enthusiastically recommend this book." -- John V. McShane, Esq., Dallas, Texas "Law as a healing profession - Marjorie Silver has collected a series of essays by leading writers engaged in such a career. Readers will find a practical resource to assist in building the emotional competence necessary to practice law in the 21st century. Buy it, read it, and practice in a more enlightened manner! You owe it to your clients, and to yourself." -- G. Andrew H. Benjamin, J.D., Ph.D., Affiliate Professor of Psychology, Antioch University; Affiliate Professor of Law, University of Washington; Director, Parenting Evaluation/Training Program "This book represents a turning point in the history of thought on how attorneys should be trained and how they should practice law. As is true of all pioneering works, this one will go through several stages. At first, traditionalists may oppose it and even ridicule it. Undoubtedly, however, its sheer wisdom will ultimately prevail and eventually be accepted as self-evident." -- Amiram Elwork, Director of the Law-Psychology Graduate Program at Widener University, and author of Stress Management for Lawyers"My experience is that it is a marvelous book and helped lay an academically-sound foundation for the content of course. I learned much from it, and I know our students did too." -- Jonathan R. Cohen, Professor of Law, University of Florida Levin College of Law


International Law and the Resolution of Central and East European

International Law and the Resolution of Central and East European

Author: P. Williams

Publisher: Springer

Published: 2000-07-18

Total Pages: 364

ISBN-13: 0333978072

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This book takes an interdisciplinary approach to the question of what role international law plays in promoting a resolution of Central and East European transboundary environmental disputes. The author examines a wide variety of environmental disputes in Central and Eastern Europe, with particular emphasis on the Gabcíkovo-Nagymaros Project dispute between Slovakia and Hungary, and melds international legal theory and international relations theory to develop an analytic framework for understanding the role of law and assessing its future application.


Pedagogy for Creative Problem Solving

Pedagogy for Creative Problem Solving

Author: Peter Merrotsy

Publisher: Taylor & Francis

Published: 2017-05-08

Total Pages: 240

ISBN-13: 1351771736

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This book provides students and practising teachers with a solid, research-based framework for understanding creative problem solving and its related pedagogy. Practical and accessible, it equips readers with the knowledge and skills to approach their own solutions to the creative problem of teaching for creative problem solving. First providing a firm grounding in the history of problem solving, the nature of a problem, and the history of creativity and its conceptualisation, the book then critically examines current educational practices, such as creativity and problem solving models and common classroom teaching strategies. This is followed by a detailed analysis of key pedagogical ideas important for creative problem solving: creativity and cognition, creative problem solving environments, and self regulated learning. Finally, the ideas debated and developed are drawn together to form a solid foundation for teaching for creative problem solving, and presented in a model called Middle C. Middle C is an evidence-based model of pedagogy for creative problem solving. It comprises 14 elements, each of which is necessary for quality teaching that will provide students with the knowledge, skills, structures and support to express their creative potential. As well as emphasis on the importance of self regulated learning, a new interpretation of Pólya's heuristic is presented.


Foundations of Dispute Resolution

Foundations of Dispute Resolution

Author: Carrie Menkel-Meadow

Publisher: Routledge

Published: 2017-05-15

Total Pages: 437

ISBN-13: 1351936077

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This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'. The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.


The Thriving Lawyer

The Thriving Lawyer

Author: Traci Cipriano

Publisher: Taylor & Francis

Published: 2023-07-25

Total Pages: 163

ISBN-13: 1000907287

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The Thriving Lawyer: A Multidimensional Model of Well-Being for a Sustainable Legal Profession is based on an innovative model, grounded in science. This book serves as a resource for promoting well-being and culture-change in the legal community by educating about pertinent issues impacting lawyers, and how to address them. It is a roadmap, highlighting the many over-arching and inter-connected aspects of well-being, and enabling readers to identify and target the issues most relevant to their unique situations. Along with practical strategies, the book provides a big-picture framework, illustrating how the many intersecting individual and organizational factors which influence well-being are all related, yet separate and distinct. The framework provides a foundation for creating change, and where you focus first will depend on the needs, the situation, and any unique challenges faced by you or your organization. The Thriving Lawyer explains why, in addition to self-care, change is needed on the organizational level in terms of workplace culture and policies, as well as normalizing self-care and eradicating stigma. This book is intended to benefit individual lawyers, their organizations, and professionals who support them, by educating, motivating, and promoting self-care and healthy work environments.