Frank E.A. Sander

Bussey Professor of Law, Emeritus

Langdell 335

617-495-3184

Biography

Frank Ernest Arnold Sander, an expert on taxation, family law and dispute settlement, became Professor of Law at Harvard Law School in 1962, Bussey Professor in 1981, and served as Associate Dean from 1987-2000. He became Bussey Professor Emeritus in June 2006.

He received the A.B. degree magna cum laude in mathematics in 1949 from Harvard College (having served a year in the U.S. Army) and the L.L.B. degree magna cum laude in 1952 from Harvard Law School. While a student, he was Treasurer of the Harvard Law Review and President of the Pierian Sodality (Harvard Orchestra). He was also elected to Phi Beta Kappa.

Before joining the Harvard faculty, Professor Sander served as Law Clerk to Chief Judge Magruder of the United States Court of Appeals for the First Circuit (1952 53) and as Law Clerk to Justice Felix Frankfurter, U.S. Supreme Court (1953 54). Following this he was an Attorney in the Tax Division of the Department of Justice, Washington, D.C. (1954 56) and was associated with the Boston firm of Hill and Barlow (1956 59).

Professor Sander is the co author of "Cases and Materials on Family Law" (3rd edition), initially published by Little Brown in 1966, of "Tax Aspects of Divorce and Separation" (4th edition), published by BNA in 1985, and of "Readings in Federal Taxation" (2nd edition), published by Foundation Press in 1983. He has also written a number of articles in the taxation and family law fields, has lectured to numerous bar associations and served as consultant to the United States Treasury Department and the Ontario Law Reform Commission.

Areas of Interest

Nancy H. Rogers, Robert C. Bordone, Frank E. A. Sander & Craig A. McEwen, Designing Systems and Processes for Managing Disputes (Wolters Kluwer L. & Bus. 2013).
Categories:
Legal Profession
,
Civil Practice & Procedure
Sub-Categories:
Dispute Resolution
,
Negotiation & Alternative Dispute Resolution
,
Legal Education
Type: Book
Abstract
The first book of its kind, Designing Systems and Processes for Managing Disputes provides a hands-on interdisciplinary approach rich with problems and exercises that have wide-ranging practical applications. This ground-breaking text employs six real-life case studies and many other examples to engage readers and to tech how to design and implement a process or system that will work to resolve and prevent disputes where traditional processes fail.
Stephen B. Goldberg, Frank E.A. Sander, Nancy H. Rogers & Sarah Rudolph Cole, Dispute Resolution: Negotiation, Mediation, Arbitration & Other Processes (Wolters Kluwer L. & Bus. 6th ed. 2012).
Categories:
Legal Profession
,
Civil Practice & Procedure
Sub-Categories:
Arbitration
,
Negotiation & Alternative Dispute Resolution
,
Mediation
,
Dispute Resolution
,
Legal Education
Type: Book
Abstract
This comprehensive casebook provides overviews, critical examinations and analyses of the application of ADR s three main processes for settling legal disputes without litigation-- negotiation, mediation, and arbitration-as well as the issues raised as these processes are combined, modified and applied. Using classic and contemporary simulations and questions, it allows students to evaluate, critique and practice the various dispute resolution techniques in use today. The Sixth Edition has been updated to reflect recent developments in empirical mediation research, including latest research on what makes a mediator successful. It re-examines the law of arbitration in light of recent U.S. Supreme Court rulings and offers more practice-related issues, questions and exercises- including emerging processes such as mediation-arbitration and online dispute resolution.
Frank E.A. Sander & Robert C. Bordone, All in the Family: Managing Business Disputes with Relatives, Negotiation Briefings, Mar. 2006, at 3.
Categories:
Civil Practice & Procedure
,
Corporate Law & Securities
Sub-Categories:
Corporate Governance
,
Dispute Resolution
,
Negotiation & Alternative Dispute Resolution
Type: Article
Abstract
Given the personal issues that complicate family-run businesses, it's tempting to avoid mixing business with family. Yet, this could mean passing up lucrative opportunities, not to mention the potential rewards of working closely with loved ones. According to the authors, managing conflict within a family business requires the same set of mutual gains negotiation tools that you would use to manage any workplace dispute. But add to that some ground rules for avoiding emotional strife. Also, try to anticipate specific issues that are ripe for conflict and address them before they tear at the family fabric.
Robert H. Mnookin & Frank E.A. Sander, Foreword, 10 Harv. Negot. L. Rev. 1 (2005).
Categories:
Civil Practice & Procedure
,
Legal Profession
Sub-Categories:
Negotiation & Alternative Dispute Resolution
,
Biography & Tribute
,
Legal Education
Type: Article
Frank E.A. Sander & Robert C. Bordone, Keep it Out of Court: Resolving Differences In-House, Negotiation Briefings, July 2005, at 9.
Categories:
Civil Practice & Procedure
Sub-Categories:
Dispute Resolution
,
Negotiation & Alternative Dispute Resolution
Type: Article
Abstract
Workplace disputes are inevitable. And all too often, such conflicts end up in the courts. In addition to consuming incredible amounts of time and energy, lawsuits often ruin long-standing relationships with suppliers, customers, and shareholders. In this article, the authors move from theory to practice. Specifically, they examine how companies and industries are applying the principles of dispute system design in three contexts: workplace conflict, business-to-business or business-to-consumer disputes, and disputes within complex joint ventures. Learn how you and your co workers can prepare for and resolve conflict whenever it may arise.
Frank E. A. Sander, Some Concluding Thoughts, 54 J. Legal Educ. 115 (2004).
Categories:
Civil Practice & Procedure
Sub-Categories:
Negotiation & Alternative Dispute Resolution
,
Mediation
Type: Article
Frank E.A. Sander & Robert H. Mnookin, A Worthy Challenge: The Teaching of Problem Solving in Law Schools, Disp. Resol. Mag., Summer 2000, at 21.
Categories:
Legal Profession
Sub-Categories:
Legal Education
,
Clinical Legal Education
Type: Article
Frank E.A. Sander, Nonjudicial Dispute Resolution, in Common Law, Common Values, Common Rights: Essays on Our Common Heritage (A.B.A. & West Group 2000).
Categories:
Civil Practice & Procedure
,
International, Foreign & Comparative Law
Sub-Categories:
Arbitration
,
Dispute Resolution
,
Negotiation & Alternative Dispute Resolution
,
Mediation
,
Comparative Law
Type: Book
Abstract
The American Bar Association and its British counterparts, The General Council of the Bar and The Law Society, met to focus on the strengths and vibrancy of the common law system for the new century; and from that collaboration, these essays by a select committee explore facets of their common heritage.
Frank E.A. Sander, The Future of ADR - The Earl F. Nelson Memorial Lecture, 2000 J. Disp. Resol. 3 (2000).
Categories:
Civil Practice & Procedure
,
Legal Profession
Sub-Categories:
Negotiation & Alternative Dispute Resolution
,
Dispute Resolution
,
Legal Education
Type: Article
Frank E.A. Sander & Stephen B. Goldberg, Fitting the Forum to the Fuss: A User-Friendly Guide to Selecting an ADR Procedure, 10 Negotiation J. 49 (1994).
Categories:
Civil Practice & Procedure
,
Legal Profession
Sub-Categories:
Litigation & Settlement
,
Arbitration
,
Negotiation & Alternative Dispute Resolution
,
Mediation
,
Legal Education
Type: Article
Stephen B. Goldberg, Eric D. Green & Frank E.A. Sander, Litigation, Arbitration or Mediation: A Dialogue, A.B.A. J., June 1989, at 70.
Categories:
Civil Practice & Procedure
Sub-Categories:
Arbitration
,
Litigation & Settlement
,
Mediation
,
Evidence
Type: Article
Abstract
Presents a dialogue of a litigator and an alternative dispute resolution specialist concerning how to handle a case involving a company who sued its long-time customer by refusing to pay for its products, claiming they were defective. Advantages and disadvantages of using arbitration and going through trial; Difficulty in selecting good arbitrator; Problems in the rules of evidence in arbitration.
Stephen B. Goldberg, Eric D. Green & Frank E.A. Sander, Saying You're Sorry, Negotiation J., July 1987, at 221.
Categories:
Civil Practice & Procedure
,
Disciplinary Perspectives & Law
Sub-Categories:
Dispute Resolution
,
Litigation & Settlement
,
Law & Behavioral Sciences
Type: Article
Stephen B. Goldberg, Eric D. Green & Frank E.A. Sander, ADR Problems and Prospects: Looking to the Future, 69 Judicature 291 (1986).
Categories:
Civil Practice & Procedure
Sub-Categories:
Dispute Resolution
,
Mediation
,
Litigation & Settlement
,
Negotiation & Alternative Dispute Resolution
Type: Article
Abstract
Impediments to the public's use of ADR include meager knowledge of the nature and existence of such mechanisms, difficulty in locating them, disputants' preference for challenging opponents in an adversarial context, and attorneys' familiarity with and preference for court processes. ADR critics have focused primarily on mediation, charging that it favors the dominant party, undermines legal entitlements, and tends to become second-class justice for those who cannot afford trials. More empirical research is required to address these criticisms, particularly regarding the effects of compulsory participation in alternatives to litigation. Research should also facilitate the matching of various types of disputes to appropriate ADR mechanisms. Another need is to develop an ADR network, such as a dispute resolution center, that will guide parties in the selection of dispute resolution formats suitable for their dispute. Career paths must be developed for persons interested in ADR services, which implies the development of codes and standards, certification, and training.
Stephen B. Goldberg, Eric D. Green & Frank E.A. Sander, The Life of the Mediator: To Be or Not to Be Accountable, Negotiation J., July 1985, at 263.
Categories:
Civil Practice & Procedure
,
Legal Profession
Sub-Categories:
Mediation
,
Dispute Resolution
,
Legal Ethics
Type: Article
Frank E.A. Sander, Varieties of Dispute Processing, 70 F.R.D. 111 (1976).
Categories:
Civil Practice & Procedure
Sub-Categories:
Arbitration
,
Dispute Resolution
,
Litigation & Settlement
,
Mediation
,
Negotiation & Alternative Dispute Resolution
Type: Book

Langdell 335

617-495-3184