Carrie Menkel-Meadow
Biographic Data
| ID | 251779 |
|---|---|
| NAME | Carrie Menkel-Meadow |
| GIVEN NAMES | Carrie |
| FAMILY NAME | Menkel-Meadow |
| SIGNATURE | MENKEL-MEADOW C |
| AFFILIATIONS | Georgetown University |
| ORCID | 0000-0003-2957-3761 |
| VERIFIED | Yes |
| TOTAL WORKS | 20 |
| TOTAL CITATIONS | 17 |
| AUTHOR COUNT | 20 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1983 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
Associate Editors' Note
Negotiation
Everyone negotiates. Whenever we need someone else to help us achieve our goals we negotiate. This book introduces theories of negotiation, including assumptions of scarcity and competition, or possibilities of integration of parties’ needs and interests and problem-solving approaches to achieve both joint and individual gain. The book provides analysis and guidance on how to assess what is at stake in each negotiation and how contexts vary to he…
Applying conflict resolution insights to hyper‐polarization
Not applicable
“Every Problem Wants to be Solved”
What is an appropriate measure of litigation?
This article reviews the claims about rates of litigation in the United States, as either “too much” or “too little” (e.g. “The Vanishing Trial”). While we need to understand aggregate litigation rates to assess access to justice, it may be more important to understand litigation rates in the context of differentiated case types. Litigation, in some cases, produces too “brittle” (binary) or costly outcomes, which is what led to the American “A” (…
Critical Moments Reconsidered
This article adds consideration of context to the continuing focus on critical moments. In particular, there are contextual circumstances and other factors in which a critical moment involves bringing things to a halt—saying “no.” This is contrary to the improvisational notion of “yes, and” and it is underappreciated in the negotiation literature
Dispute Processing and Conflict Resolution
This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.
Mediation, Arbitration, and Alternative Dispute Resolution (ADR)
Unsettling the lawyers
This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the common ways that lawyers and parties act within it. Looking at the combinations of lawsuits, settlement negotiations, structured compensation schemes, truth and reconciliation processes, and memorial and education programs now provided for in the IRSS, the article suggests that we may need ‘process…
Senses of Sen
The Idea of Justice is one of those books that – whether we agree with its ultimate conclusions or not – will be virtually impossible to ignore. And for good reason: it takes on one of the great political philosophers of our time, John Rawls, and deepens, enriches and challenges some basic Rawlsian ideas. Sen's basic argument is that the Rawlsian approach to justice, which has profoundly influenced the development of contemporary political theory…
What's Fair
Restorative Justice
This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced—criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews—by examining empirical studies of the processes in different settings—how restorative justice has been criticized, what its limitations and achievements might be, and how it migh…
Lawyer Negotiations
Love or Greatness
Toward a Feminist Theory of the State . Catharine A. MacKinnon Justice and Gender . Deborah L. Rhode
The Content, Method, and Epistemology of Gender in Sociolegal Studies
This Special Issue of the Law & Society Review devoted to gender and sociolegal studies focuses on one of the major political movements and intellectual challenges to the social sciences in the last years of the twentieth century.l The collection of articles explores some of the controversies that a focus on gender has raised and provides an opportunity to assess what we have learned so far. It can also help us in setting an agenda for further ex…
Exploring a Research Agenda of the Feminization of the Legal Profession
This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a “women's issue.” Others use conventional sociology of the professions analysis, such as stratification, to measure wo…
Exploring a Research Agenda of the Feminization of the Legal Profession
This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a “women's issue.” Others use conventional sociology of the professions analysis, such as stratification, to measure wo…
Chicago Lawyers
Resource Allocation in Legal Services
This article explores the issues of professional decision‐making in legal resource allocation by examining theoretical models of professional decision‐making, and applying them in the provision of legal services for the poor. Data collected from time sheets completed by attorneys in an urban legal services program suggest the relative importance of bureaucratic, external, client‐centered, ideology, personal, and role concept factors in allocating…
Restorative Justice
This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced—criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews—by examining empirical studies of the processes in different settings—how restorative justice has been criticized, what its limitations and achievements might be, and how it migh…
The Content, Method, and Epistemology of Gender in Sociolegal Studies
This Special Issue of the Law & Society Review devoted to gender and sociolegal studies focuses on one of the major political movements and intellectual challenges to the social sciences in the last years of the twentieth century.l The collection of articles explores some of the controversies that a focus on gender has raised and provides an opportunity to assess what we have learned so far. It can also help us in setting an agenda for further ex…
Resource Allocation in Legal Services
This article explores the issues of professional decision‐making in legal resource allocation by examining theoretical models of professional decision‐making, and applying them in the provision of legal services for the poor. Data collected from time sheets completed by attorneys in an urban legal services program suggest the relative importance of bureaucratic, external, client‐centered, ideology, personal, and role concept factors in allocating…
Unsettling the lawyers
This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the common ways that lawyers and parties act within it. Looking at the combinations of lawsuits, settlement negotiations, structured compensation schemes, truth and reconciliation processes, and memorial and education programs now provided for in the IRSS, the article suggests that we may need ‘process…
Lawyer Negotiations
Resource Allocation in Legal Services
This article explores the issues of professional decision‐making in legal resource allocation by examining theoretical models of professional decision‐making, and applying them in the provision of legal services for the poor. Data collected from time sheets completed by attorneys in an urban legal services program suggest the relative importance of bureaucratic, external, client‐centered, ideology, personal, and role concept factors in allocating…
Chicago Lawyers
Exploring a Research Agenda of the Feminization of the Legal Profession
This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a “women's issue.” Others use conventional sociology of the professions analysis, such as stratification, to measure wo…
Exploring a Research Agenda of the Feminization of the Legal Profession
This essay suggests that recent work in feminist theory should reorient the questions that are asked about the role of gender in the legal profession. Some use gender as a category of analysis to explore differences that reinforce conventional gendered stereotypes, such as the conceptualization of work and family in lawyering as a “women's issue.” Others use conventional sociology of the professions analysis, such as stratification, to measure wo…
Toward a Feminist Theory of the State . Catharine A. MacKinnon Justice and Gender . Deborah L. Rhode
The Content, Method, and Epistemology of Gender in Sociolegal Studies
This Special Issue of the Law & Society Review devoted to gender and sociolegal studies focuses on one of the major political movements and intellectual challenges to the social sciences in the last years of the twentieth century.l The collection of articles explores some of the controversies that a focus on gender has raised and provides an opportunity to assess what we have learned so far. It can also help us in setting an agenda for further ex…
Lawyer Negotiations
Love or Greatness
Restorative Justice
This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced—criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews—by examining empirical studies of the processes in different settings—how restorative justice has been criticized, what its limitations and achievements might be, and how it migh…
What's Fair
Senses of Sen
The Idea of Justice is one of those books that – whether we agree with its ultimate conclusions or not – will be virtually impossible to ignore. And for good reason: it takes on one of the great political philosophers of our time, John Rawls, and deepens, enriches and challenges some basic Rawlsian ideas. Sen's basic argument is that the Rawlsian approach to justice, which has profoundly influenced the development of contemporary political theory…
Unsettling the lawyers
This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the common ways that lawyers and parties act within it. Looking at the combinations of lawsuits, settlement negotiations, structured compensation schemes, truth and reconciliation processes, and memorial and education programs now provided for in the IRSS, the article suggests that we may need ‘process…
Mediation, Arbitration, and Alternative Dispute Resolution (ADR)
Dispute Processing and Conflict Resolution
This insightful volume is essential for a clearer understanding of dispute resolution. After examining the historical and intellectual foundations of dispute processing, Carrie Menkel-Meadow turns her attention to the future of conflict resolution.
Critical Moments Reconsidered
This article adds consideration of context to the continuing focus on critical moments. In particular, there are contextual circumstances and other factors in which a critical moment involves bringing things to a halt—saying “no.” This is contrary to the improvisational notion of “yes, and” and it is underappreciated in the negotiation literature
What is an appropriate measure of litigation?
This article reviews the claims about rates of litigation in the United States, as either “too much” or “too little” (e.g. “The Vanishing Trial”). While we need to understand aggregate litigation rates to assess access to justice, it may be more important to understand litigation rates in the context of differentiated case types. Litigation, in some cases, produces too “brittle” (binary) or costly outcomes, which is what led to the American “A” (…
Negotiation
Everyone negotiates. Whenever we need someone else to help us achieve our goals we negotiate. This book introduces theories of negotiation, including assumptions of scarcity and competition, or possibilities of integration of parties’ needs and interests and problem-solving approaches to achieve both joint and individual gain. The book provides analysis and guidance on how to assess what is at stake in each negotiation and how contexts vary to he…
Applying conflict resolution insights to hyper‐polarization
Not applicable
“Every Problem Wants to be Solved”
Associate Editors' Note
Political science (18 works) · Law (16 works) · Sociology (15 works) · Psychology (10 works) · Law and economics (7 works) · Economic Justice (6 works) · Law (6 works) · Legal Education and Practice Innovations (6 works) · Gender Studies (5 works) · Social Psychology (5 works)