Weinstein pens chapter in new First Amendment book


December 2, 2011

A chapter by James Weinstein, Amelia Lewis Professor of Constitutional Law at the College of Law, has been published in First Amendment Stories, edited by Richard Garnett and Andrew Koppelman (Foundation Press).

In “The Story of Masses Publishing Co. v. Patten: Judge Learned Hand, First Amendment Prophet,” Weinstein explores the historical, political and legal context of one of the few decisions that upheld the right to protest America’s involvement in World War I. He further discusses how Hand’s masterful opinion in that case presciently anticipates several key themes in contemporary free speech doctrine. Download Full Image

For more information about the book, click here.

Weinstein’s areas of academic interest are Constitutional Law, especially Free Speech, as well as Jurisprudence and Legal History. He is co-editor of Extreme Speech and Democracy (Oxford University Press 2009, paperback edition 2010); the author of Hate Speech, Pornography and the Radical Attack on Free Speech Doctrine (Westview Press 1999); and has written numerous articles in law review symposia on a variety of free speech topics, including: free speech theory, obscenity doctrine, institutional review boards, commercial speech, database protection, campaign finance reform, the relationship between free speech and other constitutional rights, hate crimes, and campus speech codes. Weinstein has litigated several significant free speech cases, primarily on behalf of the Arizona Civil Liberties Union. Earlier in his career, he wrote several influential articles on the history of personal jurisdiction and its implication for modern doctrine.

‘Dispute Resolution Magazine’ publishes Wissler article


December 2, 2011

An article, “Party Participation and Voice in Mediation,” by Roselle Wissler, Research Director of the College of Law’s Lodestar Dispute Resolution Program, was published in the Fall 2011 edition of Dispute Resolution Magazine.

The article summarizes some of the findings reported in Wissler’s article, “Representation in Mediation: What We Know from Empirical Research,” previously published in the Fordham Urban Law Journal.  Using data from exit surveys of parties who attended court-connected mediation in either general civil cases or domestic relations cases, Wissler examined the relationships among lawyers’ presence in mediation, party participation, and “voice,” or parties’ sense that they had an opportunity to express their views.  Download Full Image

Lawyers’ presence in mediation seemed to have a larger effect on party participation than on parties’ sense of voice.  Not surprisingly, parties’ level of participation during mediation was related to whether they felt they had voice. But some parties who did little or no talking, or whose lawyers talked a lot, still felt they had voice, Wissler discovered. These findings suggest that some parties might feel they have voice through their lawyers, perhaps depending on how well their lawyers understand and communicate their interests and views.

Importantly, voice had stronger and more consistently favorable relationships with parties’ assessments of mediation and the mediator than did how much the parties or their lawyers talked.  Thus, according to Wissler’s research, lawyers and mediators need not only to facilitate parties’ participation but also to ensure that parties feel their views are expressed in order to enhance parties' experience in mediation. 

To read the article, click here.

Wissler, a Faculty Fellow in the Center for Law, Science & Innovation, conducts empirical research on mediation, arbitration, and other alternative dispute resolution (ADR) processes. Her research and writing address various policy issues relating to ADR and examine the factors that contribute to the use and effectiveness of ADR processes. Wissler’s other research interests include alternate compensation systems and decision making concerning liability and damages in civil cases.