“Legal Rebel” Joins Integrative Law Institute’s Advisory Board

Fred Rooney, originator of "legal incubator" model for practical post-law school preparation of lawyers for solo practice

Newest member of Integrative Law Institute Advisory Board

Fred Rooney, a 1986 graduate of the CUNY School of Law in New York and originator of the “legal incubator” concept, is the newest addition to  the Advisory Board of the Integrative Law Institute. Fred has spent his entire professional life working to advance social justice in the United States and around the globe.

Meeting the Need for Practical Education in How to Run a Law Practice.     In 2007, Fred spearheaded a powerful innovation in post-graduate legal education known as the “legal incubator” movement by launching the first-ever incubator program, a unique public/private partnership providing a network of support and resources for recent CUNY law graduates committed to increasing access to justice through their solo and small firm practices. That first incubator has served as a model for bar associations and law school faculty and administrators around the United States interested in designing their own post-graduate incubator programs. Through Fred’s efforts, there are now more than 60 independent legal incubators providing practical post-graduate training and education to recent law graduates across the United States.

Many Awards for Legal Incubator Concept.   Fred’s pioneering work has earned him many awards, including:  the 2010 Father Robert Drinan Award, conferred by the American Association of Law Schools, and the 2010 Louise M. Brown Award for Legal Access, conferred by the American Bar Association Standing Committee on the  Delivery of Legal Services.  The Brown Award recognizes innovative programs that meet the legal needs of those who do not qualify for legal aid, but cannot afford to pay for a private lawyer.  In 2013, the American Bar Journal named Fred a “2013 Legal Rebel,” and recognized him as the “Father of Incubators.”

Legal Incubator in Islamabad

Fred Rooney with the first legal incubator class in Islamabad

Bringing Legal Incubators to Other Nations.   In 2013, Fred launched the first law school incubator outside the U.S., in the Dominican Republic, where he completed a 10-month Fulbright Fellowship.  Now a member of the State Department’s roster of Fulbright Specialists, Fred recently launched the first legal incubator in Pakistan, and has plans to extend the model to Kenya and the Central African Republic in the near future, as well as continuing his work throughout the United States.

ILI welcomes Fred to our Advisory Board.  We value greatly the knowledge he brings about serving communities with little or no access to justice, and we anticipate working with Fred on ideas for incorporating an integrative law perspective into the legal incubator movement.

 

 

Why Integrative Law Matters for Divorcing Couples: A Conversation With A Psychotherapist

 

coolbrain1

Kate Scharff,a  Washington D.C. psychotherapist, wrote this comment after reading a recent article of mine about Neuro-Literacy for Lawyers, published  in Family Lawyer Magazine:

Kate Scharff on August 6, 2013 at 2:54 pm said:

Pauline: I’m a mental health professional trained in Object Relations Theory (ORT), an outgrowth of classic analytic thinking. ORT holds with the common-sense notion that we are born with the inherent need to be in relationships, and that our early relational patterns form templates for later modes of relating– the more trauma contained in these patterns, the more rigidly predictive they become. Treatment is based on the idea that (within the context of a safe therapeutic container, and by using the relationship to the therapist as both a laboratory and a change agent), these templates can be modified.

So I’m used to thinking about how patterns are laid down in the psyche– but the brain science is mainly new to me. Your article is incredibly helpful in underscoring the neurobiological underpinnings for our experience of powerfully affective moments in a Collaborative case in which the trauma of the moment becomes a re-traumatization– not only for the client in question, but for others in the room whose own internal relational worlds are (unconsciously) activated.

Your work is important for many reasons, not the least of which is that it offers empirical support for the crucial notion that while moments in which our clients are emotionally flooded may not be moments in which they can think rationally,  they are the moments with transformative potential.

And speaking of the internal worlds of the professionals: not a revolutionary thought, but I do see the traditional adversarial construct as an elaborative intellectual defense against the threat of reactivation of our own trauma posed by the upsetting content of our work.

Thank you for the ways you continue to push us the edge of our capacities to integrate new ideas, expand our paradigms, and up our games. I’m generally not a fan of the word “inspirational,” but I can’t think of a better one.

Kate Scharff

I replied today:

Kate, I deeply appreciate this thoughtful and thought-provoking response to my article. Professionals working on trust-based, carefully guided collaborative teams know from experience that potentialities for transformative resolution can emerge at the negotiating table and that we can help clients profoundly if we learn to see and work in new ways with what’s in front of us.

Some longtime collaborative colleagues have mistakenly thought that my commitment to teaching “neuro-literacy” means I’ve left collaborative practice behind. Far from it. The language of the paradigm shift that was able to shock us out of habit-based divorce practice twenty years ago has become somewhat rote in our community, another box to be ticked in the list of what to discuss in a basic training, or a handy phrase for labeling difficulties we may be experiencing with other collaborative professionals.

For me, getting excellent at our work has always been about “aha” moments, about deeply understanding as much as possible about ourselves as the gorillas in the conflict resolution room, rather than about checklists and protocols (which are necessary but not nearly sufficient).

An 800 pound gorilla in the room

An 800 pound gorilla in the room

The Integrative Law Institute is my vehicle for learning and teaching more about this in a way that is fresh, challenging, and intellectually exciting. Starting with the hard science takes knowledge of decision science, positive psychology, neuro-economics, and the many other vectors of integrative law out of the realm of the optional. It’s proving to be quite an effective way to reach traditional adversarial lawyers who too often dismiss other ways of teaching self-reflective, mindful practice as “kumbaya” stuff of interest mainly to vegetarians in Birkenstocks rather than an important part of what every family law needs to know.

 

Outstanding Jurist Joins Integrative Law Institute Advisory Board

Judge Kevin Burke

Judge Kevin Burke

Kevin Burke’s official title is  District Judge in Hennepin County, Minnesota, but he is much more than that:   one of the most recognized leaders within the American judiciary today. 

During Judge Burke’s  four terms as Chief Judge and three terms as Assistant Chief Judge of the Hennepin County Courts,  he instituted social science studies – and reforms improving – procedural fairness in the court system, in ways that enhance public respect for and confidence in our judicial system itself. Among his achievements are serving as the Chair of the Minnesota Conference of Chief Judges and of  the State Board of Public Defense.  He was a leader in the effort to improve and expand the Minnesota’s public defender system, a vital link in the public’s perception of fairness in criminal proceedings.

            Judge Burke has been recognized by his peers for extraordinary leadership and creativity.  He was named one of the 100 most influential lawyers in the history of Minnesota by that state’s Law & Politics magazine.  In 1996 he received the Toll Fellowship, which  identifies emerging  leaders from all three branches of state government across the United States.  In 1997 he received the Director’s Community Leadership Award from the Federal Bureau of Investigation.  In 2002 the National Center for State Courts awarded him its Distinguished Service Award.  In 2003 he was selected as the William H. Rehnquist Award recipient by the National Center for State Courts.  The Rehnquist Award is presented annually to a state judge who exemplifies the highest level of judicial excellence, integrity, fairness and professional ethics.  He was named Public Official of the Year by Governing Magazine in 2004.  In 2005 the Minnesota Chapter of the American Board of Trial Advocates named him Trial Judge of the Year.  The American Bar Association named him Judicial Educator of the year in 2010.

Judge Burke teaches at the University of Minnesota and University of St. Thomas law schools.  For many years he served on the faculty of the University of Minnesota Humphrey Institute’s Reflective Leadership Program.  Currently, Judge Burke is teaching the principles of neuro-literacy to judges across the U.S. and elsewhere; he has been a speaker in 38 states as well as Abu Dhabi, Canada, Egypt, Mexico, China, India and Ireland regarding improvement in judicial administration and court leadership.

Judge Burke has authored numerous articles, including (as co-author) two American Judges Association White Papers, “Procedural Fairness:  A Key Ingredient in Public Satisfaction” and “Minding the Court:  Enhancing the Decision-Making Process.”  He presently serves on the Board of the Institute for the Reform of the American Legal System.  He is a past Board member of the National Center for State Courts and the American Judicature Society.

Few  can equal Judge Burke’s commitment to improving the legal system in ways that affect ordinary people, and few can equal the range  of his intellectual interests or his contributions to bringing our court system into the 21st Century.  ILI is privileged to welcome Judge Burke to the Integrative Law Institute’s  Advisory Board.

Leading positive psychology researcher joins Integrative Law Institute Advisory Board

Integrative law vector: positive psychologyWe are delighted to announce that Dacher Keltner, Ph.D., has joined the Advisory Board of the Integrative Law Institute.  A leading researcher and scholar in the relatively new field of positive psychologyDacher is the executive editor of Greater Good, the founding faculty director of the Greater Good Science Center, and a professor of psychology at the University of California, Berkeley. He is also the author of Born to Be Good: The Science of a Meaningful Life and a co-editor of The Compassionate Instinct: The Science of Human Goodness. His prolific research and writing have helped to transform our understanding of what it means to be human by investigating positive attributes such as compassion, empathy, cooperation, and altruism as the evolutionary endowment that enabled our survival and flourishing as a species, and that make us–well–human.

Here is a description of the domain of positive psychology that makes it clear why ILI includes basic elements of positive psychology in its programming for lawyers:

Positive Psychology is the scientific study of the strengths and virtues that enable individuals and communities to thrive. . . . This field is founded on the belief that people want to lead meaningful and fulfilling lives, to cultivate what is best within themselves, and to enhance their experiences of love, work, and play.

Positive Psychology has three central concerns: positive emotions, positive individual traits, and positive institutions. Understanding positive emotions entails the study of contentment with the past, happiness in the present, and hope for the future. Understanding positive individual traits consists of the study of the strengths and virtues, such as the capacity for love and work, courage, compassion, resilience, creativity, curiosity, integrity, self-knowledge, moderation, self-control, and wisdom. Understanding positive institutions entails the study of the strengths that foster better communities, such as justice, responsibility, civility, parenting, nurturance, work ethic, leadership, teamwork, purpose, and tolerance.

Dacher Keltner’s research interests include not only the workings of emotion and power in social relationships (areas of obvious relevance to lawyers whose clients are experiencing legal issues that arise from fractured human relationships) but also human morality.  Here is how he describes that aspect of his work:

My final research interest lies in the study of how humans negotiate moral concerns. Here I have examined how opposing partisans tend to assume that they alone see the issues objectively and in principled fashion, a tendency we call “naive realism”. We have shown that opposing partisans attribute extremism and bias to their opponents.

In studies of moral judgment, I have shown how emotions such as anger, sadness, and fear influence judgments of causality, fairness, and risk. More recently, I have begun to study the contents of three moral domains – autonomy, community, and purity – and how these domains relate to emotion and prejudice.

Morality,  “neuro-morality,” and positive psychology are vectors that ILI includes in its programs teaching Integrative Law.  It is exciting and gratifying for us to have the support of one of the most creative scholars in the field.

 

 

 

ILI’s Newest Advisory Board Member: Hon. Thelton E. Henderson

ILI is  proud to announce that the Hon. Thelton E. Henderson, Senior Judge of the U.S.District Court for the Northern District of California, has accepted an invitation to join the Integrative Law Institute’s Advisory Board.

Judge Henderson’s judicial career is remarkable. A graduate of the U.C. Berkeley School of Law, Henderson immediately joined Bobby Kennedy’s Justice Department as the only African American member of the Civil Rights Division, during the height of Martin Luther King’s campaign against segregation in Birmingham, Alabama.  After achieving many other “firsts” in both law practice and academia, including a stint as Dean of Students at Stanford University Law School,  he was appointed to the federal bench as the first African American on the District Court for the Northern District of California, and the first African American Chief Judge of that court.

Judge Henderson’s  distinguished career as a federal judge includes rulings on many of the most critical and difficult issues of our time, ranging from halting the slaughter of dolphins by the tuna industry, to striking down California’s controversial anti-affirmative action initiative, to placing the California prison healthcare system under federal receivership during Arnold Schwartznegger’s administration as governor. Thelton Henderson’s career exemplifies hisconviction that the U.S. Constitution is a living document belonging to all of us, and represents the best of the U.S. legal system.

His perspective and vision will contribute greatly to ILI’s mission: reclaiming law as a healing profession.

Integrative Law Institute Welcomes Leading Neuroscientists and Conflict Resolution Pioneers to Advisory Board

A strong, innovative Advisory Board helps ILI to build outstanding programming at the intersection of law, social policy, neuroscience, positive psychology, restorative justice, and other Integrative Law vectors. We are proud to announce the following new members of ILI’s Advisory Board:

It’s an honor to have the support of pioneering thinkers and researchers of this caliber.

We are inviting other leaders in fields relating to Integrative Law to join ILI’s Advisory Board this year and will announce new members from time to time.