Book Chapters
The Moral Failure of Clinical Legal Education, in The Good Lawyer: Lawyers' Roles and Lawyers' Ethics 317 (David Luban, ed.1984). [Full Text]
Articles
ADR: Disputing with a Modern Face, or Bargaining for the Bargaining Impaired?, 21 Cardozo Journal of Conflict Resolution 291 (2020). [Full Text]
Online Dispute Resolution: Stinky, Repugnant, or Drab, 18 Cardozo Journal of Conflict Resolution 717 (2017). [Full Text]
The "Nature" of Legal Dispute Bargaining, 17 Cardozo Journal of Conflict Resolution 393 (2016). [Full Text]
Is the Supreme Court Disabling the Enabling Act, or Is Shady Grove Just Another Bad Opera?, 47 Seton Hall Law Review 1 (2016). [Full Text]
Assessing Experiential Learning, Jobs and All: A Response to the Three Professors, 2015 Wisconsin Law Review Forward 65. [Full Text]
"Practice Ready Graduates": A Millennialist Fantasy, 31 Touro Law Review 75 (2014). [Full Text]
The Curious Case of Transformative Dispute Resolution: An Unfortunate Marriage of Intransigence, Exclusivity, and Hype, 14 Cardozo Journal of Conflict Resolution 621 (2013). [Full Text]
Bargaining Without Law, 56 New York Law School Law Review 281 (2012). [Full Text]
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, 10 Pepperdine Dispute Resolution Law Journal 215 (2010) [Full Text]
Bargaining with a Hugger: The Weaknesses and Limits of a Communitarian Conception of Legal Dispute Bargaining, or Why We Can't All Just Get Along, 9 Cardozo Journal of Conflict Resolution 301 (2008) [Full Text]
Every Day and in Every Way, We are All Becoming Meta and Meta: Or How Communitarian Bargaining Theory Conquered the World (of Bargaining Theory), 23 Ohio State Journal of Dispute Resolution 231 (2008). [Full Text]
A Formstone of Our Federalism: The Erie/Hanna Doctrine and Casebook Law Reform, 59 Miami Law Review 475 (2005). [Full Text]
Defendant Veto or Totality of the Circumstances?: Its Time for the Supreme Court to Straighten Out the Personal Jurisdiction Standard Once Again, 54 Catholic University Law Review 53 (2004). [Full Text]
Whats Love Got to Do With It? Its Not Like Theyre Your Friends for Christs Sake: The Complicated Relationship Between Lawyer and Client, 82 Nebraska Law Review 211 (2003). [Full Text]
Whats Really Going On? A Study of Lawyer and Scientist Inter-Disciplinary Discourse, 25 Rutgers Computer and Technology Law Journal 181 (1999). [Full Text]
Learning From Colleagues: A Case Study in the Relationship Between Academic and Ecological Clinical Legal Education, 3 Clinical Law Review 337 (1997). [Full Text]
Bargaining in the Dark: The Normative Incoherence of Lawyer Dispute Bargaining Role, 51 Maryland Law Review 1 (1991). [Full Text]
Tastes Great, Less Filling: The Law School Clinic and Political Critique, 36 Journal of Legal Education 45 (1986). [Full Text]
"Cases on Both Sides": Patterns of Argument in Legal Negotiation, 44 Maryland Law Review 65 (1985). [Full Text]
Clinical Education in the Seventies: An Appraisal of the Decade, 33 Journal of Legal Education 604 (1983). [Full Text]
Socrates' New Clothes: Substituting Persuasion for Learning in Clinical Practice Instruction, 40 Maryland Law Review 223 (1981). [Full Text]
The Shea Act, 1970 Annual Survey of Massachusetts Law 305. [Full Text]
Citizens, Police, and Polarization: Are Perceptions More Important than Facts?, 47 Journal of Urban Law 653 (1969). [Full Text]