Jennifer Reynolds

Visiting Associate Professor of Law

2017-2018

Areeda 131

617-495-2832

Assistant: Megan ONeil / 617-496-5392

Biography

Jennifer Reynolds is an Associate Professor of Law at the University of Oregon School of Law. She studies dispute systems design, problem-solving in multiparty scenarios, and cultural influences and implications of alternative processes. Professor Reynolds received her law degree from Harvard Law School, her master's degree from the University of Texas at Austin, and her bachelor's degree from the University of Chicago.

Professor Reynolds is an award-winning teacher who has received both the University of Oregon's Ersted Award for Distinguished Teaching and the Orlando J. Hollis Teaching Award. She is the Faculty Director of the nationally ranked Oregon ADR Center, which in June 2016 received the Ninth Circuit Award for Excellence in ADR Education. She has served as the national chair of the ADR Section of the Association of American Law Schools and is an active blogger for the ADR professor blog, indisputably. Currently she chairs the Legal Education Policy Committee for the ABA Section on Dispute Resolution. In 2016, Reynolds stepped in as the interim ombudsperson for the University of Oregon.

Before law school, Professor Reynolds worked for seven years as a systems analyst and associate director for information technology at UT Austin. While at Harvard, she served as an editor of the Harvard Law Review; as a research assistant for Professor Arthur Miller on his treatise, Federal Practice and Procedure; and as a teaching assistant, researcher, and Harvard Negotiation Research Project Fellow for the Program on Negotiation. After law school, Reynolds was an associate at Dow Lohnes PLLC, working primarily on First Amendment and employment cases. She joined the faculty at the University of Missouri School of Law in 2008 before joining the Oregon faculty the following year.

Areas of Interest

Jennifer Reynolds, The A is for Activism, in The Negotiator’s Fieldbook: The Desk Reference for the Experienced Negotiator (Andrea Kupfer Schneider & Christopher Honeyman eds., 2nd ed. forthcoming 2017).
Categories:
Civil Practice & Procedure
Sub-Categories:
Negotiation & Alternative Dispute Resolution
,
Dispute Resolution
Type: Book
Jennifer Reynolds, Breaking BATNAs: Negotiation Lessons from Walter White, 45 N.M. L. Rev. 611 (2015).
Categories:
Civil Practice & Procedure
Sub-Categories:
Negotiation & Alternative Dispute Resolution
,
Dispute Resolution
Type: Article
Abstract
Walter White could teach us many things: how to read the periodic table; how to destroy a tub with hydrofluoric acid; how to build a battery; how to make poison out of castor beans; how to build a bomb under a wheelchair; how to use the remote control of the car to operate a machine gun; and how to coordinate multiple assassinations of prison informants within thirty seconds of one another. But these are niche skills at best. Is there anything useful we can learn from Walter White? As it turns out, Walter White can also teach us how to negotiate — or, to put it more precisely, watching Walter White negotiate in Breaking Bad helps us think more clearly about what we are doing when we negotiate. For the student of negotiation, Breaking Bad is an absolute treasure trove, producing an incredibly complex and varied array of bargaining parties and negotiated transactions, week after week. What’s so fascinating about these transactions is that they draw on familiar, foundational negotiation concepts in the service of less familiar, usually illicit ends. Put another way, when we watch Walter White negotiate, we watch a mega-criminal anti-hero implement the same “value-neutral” strategies that we teach lawyers and businesspeople. Learning to negotiate from Walter White, therefore, allows us to engage in an analytical exercise that explores the conventional wisdom around negotiation in a fresh, modern context, while implicating more critical conversations around value neutrality and other normative concerns in negotiation theory and practice. Breaking Bad ran for five seasons. In this article, I have chosen five negotiations, one from each season, each featuring Walter White. For these five negotiations, I provide close readings that show how the negotiations demonstrate and/or disrupt foundational negotiation concepts or skills. I then suggest some possible takeaways for negotiators and analysts. The article concludes with a brief thought about ethical implications in negotiation theory and practice.
Jennifer Reynolds, Luck v. Justice: Consent Intervenes, but for Whom?, 14 Pepp. Disp. Resol. L.J. 245 (2014).
Categories:
Civil Practice & Procedure
Sub-Categories:
Dispute Resolution
,
Litigation & Settlement
,
Mediation
,
Negotiation & Alternative Dispute Resolution
Type: Article
Abstract
Consent in civil settlements should improve access to and delivery of justice by making luck (chance, contingencies, arbitrariness) less significant in process and outcomes. Consent-based processes and private settlement are supposed to support justice by redistributing decision-making power away from judicial-coercive authorities to the people most affected by the dispute. But consent today has become little more than a pro forma process lever for bypassing regulation, litigation, and other more formal structures. No longer does consent serve as a reliable bulwark against luck distortions and arbitrariness in legal systems. Opening shrink-wrap (consent to arbitrate!), being shunted into compulsory mediation (consent to mediate!), and showing up at a town hall (consent to public sector decision-making!) are troubling examples of how we are stretching the notion of consent beyond recognition. And the more we stretch consent, the more alienated we become from our own authentic participation, engagement, and empowerment in state and corporate contexts. Consent needs repair. To that end, this Article makes two new contributions: one, describing how theories of moral and legal luck can illuminate consent problems in in civil settlements; and two, proffering new participant-centered ideas about how to manage consent problems in alternative contexts.

Education History

Current Courses

Course Catalog View

Areeda 131

617-495-2832

Assistant: Megan ONeil / 617-496-5392