Faculty Scholarship Digest

Ellen E. Deason



Ellen E. Deason, Civil Procedure, cases, problems and exercises (West 3rd Ed. 2011).

This latest edition of Ellen’s civil procedure casebook brings the book up-to-date in this always changing field. The book is distinctive among its peers in a number of ways, many of which put a greater burden on the preparation of new editions. The book makes extensive use of problems and exercises throughout, keeping up with developments in legal pedagogy. Ellen and her co-authors also place a heavy emphasis in case selection on using cases from the past decade, which keeps the cutting edge issues at the forefront, with the cases sometimes summarizing the traditional chestnuts of procedure books that may frame critical issues but did not resolve for all time the underlying policy issues. The book presents alternative dispute resolution methods and materials in integrated fashion throughout, rather than simply including an add on chapter at the end (how appropriate for a Moritz-authored book). It also includes very extensive notes that allow the book to serve as a useful secondary source in addition to its classroom function.

Book Chapters

Nuno Delicado, Horacio Falcao, Ellen E. Deason, Sharon Press, Shahla Ali, Eric Blanchot & Habib Chamoun-Nicolas, Assessing Negotiation Competitions, in Assessing Our Students, Assessing Ourselves 213-245 (Noam Ebner et. al. eds., 2012).

Ellen Deason is a contributor to this chapter on negotiation competitions that draws on the experiences from competitions around the world. While negotiation competitions are an excellent way to both engage students and assess mastery of skills, there is little consensus on how best to organize them. The seven authors who collaborated on this chapter represent negotiation competitions in different fields (law, international relations, business) and on different continents (Africa, Asia, Europe, North America). The collective experience of the authors is broad and deep. This chapter is a “how-to” on negotiation competitions from assumptions at the start to assessments at the end. Deason provides the U.S. law school perspective with her analysis of the ABA’s Negotiation Competition. It is easy to see her contribution. The chapter identifies “ethical standards” as a vital category of assessment, yet only one of the competitions, the ABA Negotiation Competition, included ethics as an evaluation criterion. If you are planning a negotiation competition and need the full range of details to ponder, this chapter spells them out.

Ellen E. Deason, Alternative Dispute Resolution in the United States, in Bin Liang & Hong Lu eds., JURISPRUDENCE, translated into Chinese by Xiaoyi “Amy” Sun (Renmin Univ. of China Press 2011).

This chapter is part of a book intended for advanced social science students in China seeking an introduction to jurisprudence, with chapters by leading scholars in a variety of fields. Ellen’s chapter covers alternative dispute resolution. In addition to explaining the basics of negotiation, mediation, arbitration and court-sponsored settlement procedures, Ellen describes both the intellectual and historical development of alternative dispute resolution and its deep impact on the practice of law. She also covers current issues in ADR, such as quality control in mediation and the expansion of arbitration into statutory employment law claims.

Ellen Deason (w/Nuno Delicado et al.), Assessing Negotiation Competitions, in (N. Ebner et al. eds) ASSESSING OUR STUDENTS, ASSESSING OURSELVES: VOLUME 3 IN THE RETHINKING NEGOTIATION SERIES (2012).

This series arose from a 2011 Conference in Beijing on rethinking negotiation teaching. Ellen was an invited participant at the conference that led to international collaboration in considering the subject. This chapter draws on experiences with negotiation competitions in many fields, including law, international relations and business, and on many continents, including Africa, Asia, Europe and North America. Recognizing that negotiation competitions have proven “an excellent tool to engage and motivate students about negotiation,” the chapter suggests standards for evaluating competitions, both to facilitate future competitions and to “contribute to negotiation evaluation in other settings.” Most of the chapter is devoted to “judge assessment” scoring based on a set of criteria, as opposed to “negotiation outcome” scoring. The chapter covers suggested criteria (good outcome, skills demonstrated, ethical standards) in detail, including, of course how to assess them, as well as much of the nitty-gritty of competitions, such as formats, weighting and, from a pedagogic perspective, the crucial debriefing.

Book Supplements

Ellen E. Deason (w/John T. Cross and Leslie W. Abramson), 2010 SUPPLEMENT TO CIVIL PROCEDURE, CASES, PROBLEMS AND EXERCISES (2d ed. West).

This casebook supplement now runs nearly 400 pages and keeps the casebook current with regard to cases, rules and commentaries, including the Supreme Court’s 2010 decision in Hertz v. Friend in which the Court attempted to resolve confusion among the lower courts regarding the test for determining the state of a corporation’s citizenship for diversity jurisdiction purposes, and Shady Grove Orthopedic Associates v. Allstate Insurance, in which the Court addressed the applicability of Federal Rule 23 (regarding class actions) in a diversity jurisdiction action in federal court, as well as the standard for determining whether a federal rule is procedural for Erie purposes.

Teacher's Manualss

Ellen E. Deason (w/Edward Brunet & Charles B. Craver), ALTERNATIVE DISPUTE RESOLUTION: THE ADVOCATE’S PERSPECTIVE CASES AND MATERIALS (4th ed.) (Lexis/Nexis 2011).

This leading text on Alternative Dispute Resolution (“ADR”) is divided into four sections—Negotiation, Mediation, Arbitration and Government Sponsored ADR—and Ellen has primary responsibility for the Mediation section and the topic of Court Annexed ADR processes (e.g., early neutral assessment, mandatory mediation, summary trial . . .), which is the bulk of Government sponsored ADR. This five-year revision incorporates substantial changes to these sections, including new problem sets and, in the divorce mediation sections, new material on domestic violence and collaborative law.