Category Archives: Articles

Policing Prosecutors: What Role Can Appellate Courts Play?

Thank you for the opportunity to participate in Hofstra’s seventh legal ethics conference. I consider it a privilege to be invited. The goals of this conference are impressive and ambitious, but let me confess that mine is a frustrating topic. … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Uniform Collaborative Law Act and Intimate Partner Violence: A Roadmap for Collaborative (and Non-Collaborative) Lawyers

When confronted with a thorny and intractable issue like intimate partner violence, it is easier, in the manner of Scarlett O’Hara, to say, “I can’t think about that right now. If I do, I’ll go crazy. I’ll think about that … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Uniform Collaborative Law Act as a Teaching Tool

While attending the University of Texas School of Law, I had the privilege to work as Legislative Assistant for a member of the Texas House of Representatives. I was energized by the fast-paced negotiations among legislators and the process of … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

Goodbye Homo Economicus: Cognitive Dissonance, Brain Science, and Highly Effective Collaborative Practice

Collaborative Law (“CL”) began in 1990 as one person’s inspiration (“What if I just told my clients and colleagues I will serve as divorce counsel only so long as the matter remains out of court?”), and grew in only two … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process

The Uniform Collaborative Law Act (“UCLA” or “the Act”) provides a useful framework of issues for parties to consider when making decisions about the use of Collaborative Practice (“CP”) procedures. Section 14 of the Act requires lawyers to obtain parties’ … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

A Vision for Collaborative Practice: The Final Report of the Hofstra Collaborative Law Conference

In November 2009, Hofstra University School of Law’s Center for Children, Families and the Law hosted a Conference on the Uniform Collaborative Law Act, in conjunction with the Uniform Law Commission, the Association of Family and Conciliation Courts, the International … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Legal Ethics and Collaborative Practice Ethics

Collaborative Practice (“CP”) is an important new process for the resolution of legal disputes. It emerged in the early 1990s as a response by legal, financial, and mental health professionals who had grave concerns about the impact of traditional divorce … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

Generating “Win-Win” Results: Negotiating Conflicts in the Drafting Process of the Uniform Collaborative Law Act

Collaborative Law (“CL”) was pioneered in 1990 by Stu Webb, a family law attorney from Minneapolis. After working close to twenty years litigating matrimonial matters, Webb sought an alternative to the traditional adversarial approach because of the impact it had … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Uniform Collaborative Law Act

To encourage problem-solving negotiations, collaborative lawyers emphasize that no threats of litigation should be made during a collaborative law process and the need to maintain respectful dialogue. See GLOBAL COLLABORATIVE LAW COUNCIL, PARTICIPATION AGREEMENT 3 (2004), available at http://www.collaborativelaw.us/articles/GCLC_Participation_ Agreement_With_Addendum.pdf. … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

The Case of the Headless Baby: Did Interracial Sex in the Massachusetts Bay Colony Lead to Infanticide and the Earliest Habeas Corpus Petition in America?

Zipporah’s unique struggle is such a case. It has no docket number or minute book entry, is tactfully ignored by the diarists and letterwriters of the day, but tells its tale through a few depositions, an inquisition post mortem, and … Continue reading

Posted in Articles | Tagged , , , | Leave a comment