Psychology
The Psychology and Neurobiology of Mediation
October 30, 2017
This article discusses the neurobiology of what is perhaps the most common problem in mediation: people take the conflict personally and the outcome of the mediation as a reflection of who they are. Learning to let go of this identification of the self with outcome -- with “face” or “ego” issues -- has psychological and spiritual dimensions. To define the problem first in psychological terms: the process through which parties, counsel, and even the mediator, learn to let go of their ego-based...
October 30, 2017
This article discusses the neurobiology of what is perhaps the most common problem in mediation: people take the conflict personally and the outcome of the mediation as a reflection of who they are. Learning to let go of this identification of the self with outcome -- with “face” or “ego” issues -- has psychological and spiritual dimensions. To define the problem first in psychological terms: the process through which parties, counsel, and even the mediator, learn to let go of their ego-based...
Meditation May Help Prevent Heart Disease, Doctors Say
October 28, 2017
Meditation may help reduce the risk of heart disease when it’s added to proven approaches like lifestyle changes or drugs to lower blood pressure and cholesterol, U.S. doctors say. In its first guidelines dedicated to meditation, the American Heart Association (AHA) stresses that the benefits haven’t been clearly established because studies have generally been too small, brief or poorly designed to draw broad conclusions. But the AHA research review concludes that meditation may have some benefits...
October 28, 2017
Meditation may help reduce the risk of heart disease when it’s added to proven approaches like lifestyle changes or drugs to lower blood pressure and cholesterol, U.S. doctors say. In its first guidelines dedicated to meditation, the American Heart Association (AHA) stresses that the benefits haven’t been clearly established because studies have generally been too small, brief or poorly designed to draw broad conclusions. But the AHA research review concludes that meditation may have some benefits...
The Neuroscience of Contagious Laughter
October 15, 2017
Long before modern brain imaging technologies illuminated the neurophysiological mechanisms that make laughter contagious, William James (1842-1910) observed, "We don't laugh because we're happy, we're happy because we laugh." Although philosophers and psychologists have speculated about the role that laughter plays in social bonding for eons, until recently, there was relatively little empirical evidence that explained why laughter is contagious for most of us. Or, the neural reasons some...
October 15, 2017
Long before modern brain imaging technologies illuminated the neurophysiological mechanisms that make laughter contagious, William James (1842-1910) observed, "We don't laugh because we're happy, we're happy because we laugh." Although philosophers and psychologists have speculated about the role that laughter plays in social bonding for eons, until recently, there was relatively little empirical evidence that explained why laughter is contagious for most of us. Or, the neural reasons some...
Unlocking the Reptilian Brain: Understanding the Amygdala
October 15, 2017
It’s about the shape and size of an almond, nearly as old as the dinosaurs, to whose reptilian brains it bears a considerable resemblance. When you’re walking home late at night, it’s shouting out to you, bogging you down with panic as you navigate your way in the dark, ready to jump at every corner at whatever or whoever might be hiding there. It’s there again when you’ve had it with your significant other and the wet towels they’ve left carelessly on the floor, or when you need that...
October 15, 2017
It’s about the shape and size of an almond, nearly as old as the dinosaurs, to whose reptilian brains it bears a considerable resemblance. When you’re walking home late at night, it’s shouting out to you, bogging you down with panic as you navigate your way in the dark, ready to jump at every corner at whatever or whoever might be hiding there. It’s there again when you’ve had it with your significant other and the wet towels they’ve left carelessly on the floor, or when you need that...
Helping Students Develop “Grit” and a “Growth Mindset”
October 8, 2017
The notions of grit and a growth mindset are in vogue today. I think we understand what grit is. As for the growth mindset, the idea is that many students and teachers assume that students have a fixed mindset, which limits them: Fixed mindset individuals believe that intelligence and ability are innate. Their early lack of success in attempting anything new often supports the preconceptions about their skills and abilities, making their failure a self-fulfilling prophecy. In comparison: Growth...
October 8, 2017
The notions of grit and a growth mindset are in vogue today. I think we understand what grit is. As for the growth mindset, the idea is that many students and teachers assume that students have a fixed mindset, which limits them: Fixed mindset individuals believe that intelligence and ability are innate. Their early lack of success in attempting anything new often supports the preconceptions about their skills and abilities, making their failure a self-fulfilling prophecy. In comparison: Growth...
Kiser’s Soft Skills for the Effective Lawyer
October 1, 2017
I was really pleased to meet Randall Kiser at last year’s ABA conference. I was very impressed by his important study (co-authored with Martin Asher and Blakeley McShane), Let’s Not Make a Deal: An Empirical Examination of Decision Making in Unsuccessful Negotiations. The top-line finding was that in 85.5% of cases, parties went to trial when one of the parties would have been better off to accept the other side’s last offer. Plaintiffs received an award less than or equal to the defendant’s...
October 1, 2017
I was really pleased to meet Randall Kiser at last year’s ABA conference. I was very impressed by his important study (co-authored with Martin Asher and Blakeley McShane), Let’s Not Make a Deal: An Empirical Examination of Decision Making in Unsuccessful Negotiations. The top-line finding was that in 85.5% of cases, parties went to trial when one of the parties would have been better off to accept the other side’s last offer. Plaintiffs received an award less than or equal to the defendant’s...
How to Deal with A**holes
September 24, 2017
Anyone who has spent five minutes working in a law firm has undoubtedly made this observation: Lawyers are not little rays of sunshine. Quite the opposite. Often, they are difficult, unpleasant and nasty. Some are plain jerks. But Stanford University management professor Robert Sutton thinks calling horrible bosses "jerks" is being too generous. He prefers a more graphic term: "Assholes." Ten years ago, he wrote the definitive, go-to book on the subject: The No Asshole Rule, which passionately...
September 24, 2017
Anyone who has spent five minutes working in a law firm has undoubtedly made this observation: Lawyers are not little rays of sunshine. Quite the opposite. Often, they are difficult, unpleasant and nasty. Some are plain jerks. But Stanford University management professor Robert Sutton thinks calling horrible bosses "jerks" is being too generous. He prefers a more graphic term: "Assholes." Ten years ago, he wrote the definitive, go-to book on the subject: The No Asshole Rule, which passionately...
Misconceptions About Nudges
September 19, 2017
Some people believe that nudges are an insult to human agency; that nudges are based on excessive trust in government; that nudges are covert; that nudges are manipulative; that nudges exploit behavioral biases; that nudges depend on a belief that human beings are irrational; and that nudges work only at the margins and cannot accomplish much. These are misconceptions. Nudges always respect, and often promote, human agency; because nudges insist on preserving freedom of choice, they do not put excessive...
September 19, 2017
Some people believe that nudges are an insult to human agency; that nudges are based on excessive trust in government; that nudges are covert; that nudges are manipulative; that nudges exploit behavioral biases; that nudges depend on a belief that human beings are irrational; and that nudges work only at the margins and cannot accomplish much. These are misconceptions. Nudges always respect, and often promote, human agency; because nudges insist on preserving freedom of choice, they do not put excessive...
Carroll & Vines on Apologies
September 19, 2017
Robyn Carroll and Prue E. Vines (University of Western Australia and University of New South Wales (UNSW)) have posted Special Issue on Apologies: Introduction (Oñati Socio-Legal Series, Vol. 7, No. 3, 2017) on SSRN. Here is the abstract: What is the place of apology in law? What is the meaning of apology in a complex landscape of meanings based on a socio-legal appreciation of legal concepts? This special issue explores the place of apology in the legal system within three broad inter-related...
September 19, 2017
Robyn Carroll and Prue E. Vines (University of Western Australia and University of New South Wales (UNSW)) have posted Special Issue on Apologies: Introduction (Oñati Socio-Legal Series, Vol. 7, No. 3, 2017) on SSRN. Here is the abstract: What is the place of apology in law? What is the meaning of apology in a complex landscape of meanings based on a socio-legal appreciation of legal concepts? This special issue explores the place of apology in the legal system within three broad inter-related...
To Lead, Lawyers Must Overcome the Overly “Lawyer Personality”
September 18, 2017
According to psychologist Larry Richard, Typical characteristics of the lawyerly personality get in the way of being successful leaders. Here are the classic lawyer personality traits: High skepticism “is the hallmark trait for lawyers,” according to Richard. They intuitively question assertions made by others, wonder about hidden motives, scrutinize decisions, and tend not to give others the benefit of the doubt. “Abstract Reasoning — analyzing, solving problems, and using their intellect...
September 18, 2017
According to psychologist Larry Richard, Typical characteristics of the lawyerly personality get in the way of being successful leaders. Here are the classic lawyer personality traits: High skepticism “is the hallmark trait for lawyers,” according to Richard. They intuitively question assertions made by others, wonder about hidden motives, scrutinize decisions, and tend not to give others the benefit of the doubt. “Abstract Reasoning — analyzing, solving problems, and using their intellect...
