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In Legal Strategy, well-known professor, Paul J. Zwier focuses on pre-litigation, transactional, and negotiation processes, and describes each in a way that brings together the basics of each discipline. Zwier describes how, once a lawyer determines the end goal the client desires, the lawyer must explore the facts and procedural alternatives most likely to get there. By getting lawyers to focus in a continual exercise of deliberating on what matters most, Zwier sets forth three steps in legal strategy: fact investigation, client counseling, and implementations of the client's decision.
This book is an examination of the reception of critical race theory (CRT) in America’s legal education system. Critical race theory has been roiling legal education since the aftermath of Obama’s presidency. The killings of unarmed Black people fueled Black Lives Matter (BLM) protests in law schools, which created a sense of urgency behind the plea for the law to do more to stop the killings of unarmed Black people. Some BLM-led protests called for faculty and administers to be fired if they didn’t act. There has been an upsurge of states legislating against the teaching of CRT, and law schools are struggling to respond. How should legal education view CRT? What are the neutral unifying values in the law that offer hope in the fight to alleviate the wave of racism that seems to continually batter law schools and society as a whole? This book looks for answers, and encourages the recommittal to the foundationalist beliefs of free speech, equality, and the due process of law.
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This book argues that it can be beneficial for the United States to talk with 'evil' - terrorists and other bad actors - if it engages a mediator who shares the United States' principles yet is pragmatic. It shows how the US can make better foreign policy decisions and demonstrate its integrity for promoting democracy and human rights, by employing a mediator who facilitates disputes between international actors by moving them along a continuum of principles, as political parties act for a country's citizens. This is the first book to integrate theories of rule of law development with conflict resolution methods, and it examines ongoing disputes in the Middle East, North Korea, South America and Africa. It draws on the author's experiences with The Carter Center and judicial and legal advocacy training to provide a sophisticated understanding of the current situation in these countries and of how a strategy of principled pragmatism will give better direction to US foreign policy abroad.
Paul Zwier and David Malone examine the rules of evidence and ethics that govern the relationship of experts to lawyers, experts to juries, and experts to courts, all in a manner that resolves these issues.
Mastering Tort Law is a succinct, practical guide to the intricacies of tort law. Functional in approach, it describes and illustrates basic tort doctrine, and provides students with insight into more advanced tort theories. In an attempt to facilitate student learning, the book includes a roadmap at the beginning of each chapter and a checklist at the end.
Negotiation has always been an important alternative to the use of force in managing international disputes. This textbook provides students with the insight and knowledge needed to evaluate how negotiation can produce effective conflict settlement, political change and international policy making. Students are guided through the processes by which actors make decisions, communicate, develop bargaining strategies and explore compatibilities between different positions, while attempting to maximize their own interests. In examining the basic ingredients of negotiation, the book draws together major strands of negotiation theories and illustrates their relevance to particular negotiation contexts. Examples of well-known international conflicts and illustrations of everyday situations lead students to understand how theory is utilized to resolve real-world problems, and how negotiation is applied to diverse world events. The textbook is accompanied by a rich suite of online resources, including lecture notes, case studies, discussion questions and suggestions for further reading.
How has our higher education system become so corrupt and unsustainable while undermining our freedom behind closed doors? Imagine sending your conservative daughter off to your state’s flagship university. After six long years, not the four years you expected, she returns home with a bachelor’s degree in one of the “studies.” She returns home to live because she can’t find employment sufficient to support herself. As heartbreaking as that is, you soon discover she is now a socialist, hates America, and blames men for a patriarchal society she believes ruined her life. She left home full of love but returned filled with hate. Unfortunately, that is not imaginary, and there is no pl...
In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.
For ESL learners who need to communicate in typical workplace situations.