Conflict Resolution

Advanced Problem-Solving Strategies

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In announcing his nomination yesterday of Elena Kagan for Justice Stevens’s seat on the U.S. Supreme Court, President Obama praised not only her achievements and intellect, but also her open-mindedness, and her “skill as a  consensus-builder.”  As dean of Harvard Law School, Kagan was known for bringing peace to a famously fractious faculty, and for opening the doors to a variety of political viewpoints.  As solicitor general, she has spent the past year studying the Supreme Court, looking for ways to entice a majority to support the government’s position.  This appears to be the training and temperament the President is looking for at this moment on the Supreme Court. Some on the left are disappointed at this selection, believing that […]

One of the more interesting courses I took in law school was International Law, which is not a course that everyone takes, because it does not appear to offer much practical value for most lawyers’ careers.  I didn’t see much practical value in it either when I signed up, but found that it got me thinking about the law in a much different way from other law school courses.   What you learn when you study international law is that the system of international law is for the most part not structured as a body of statutes enacted by legislatures, or precedents handed down by judges.  International law is mostly not enforced by police, or by fines, or by prison.  Because […]

Last night’s season final episode of Entourage contained some good examples of the intangible factors that sometimes create, and then break, logjams in negotiations. First Ari Gold had to persuade his wife, in front of their counselor, to allow him to put up her assets as collateral for a loan needed to purchase Gold’s former agency. She was distrustful because she suspected that he was pursuing this opportunity mainly to exact revenge against some of his former colleagues. In order to gain her trust, Gold had to admit, in graphic terms, that in fact he did have the basest and most personal of motives for buying out his former boss, and that he was looking forward to firing a number […]