Tag Archives: Volume 38

Incentivizing Organ Donation: A Proposal to End the Organ Shortage

As of October 6, 2008, over 100,000 people in the United States were waiting for a potentially lifesaving organ transplant. Tragically, each day an average of eighteen people die waiting. A major portion of the organ shortage stems from the … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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What the Supreme Court Can Learn from Its Eighth Amendment Jurisprudence

Justice David H. Souter announced his retirement from the Supreme Court in April 2009, handing President Barack Obama his first opportunity to shape the high court. A month later President Obama nominated Sonia Sotomayor to fill the open seat. During … Continue reading

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