Williston Negotiation Competition
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Williston Negotiation Competition
The Williston Negotiation Competition is an annual negotiation and contract drafting competition at Harvard Law School for the 1L class. Students work in paired teams of two, with each team representing a side in a complex business deal. At the end of the competition, each pair of teams submits a single contract, and each side submits a private memo to its client explaining why the client should accept the agreement. The competition is judged by experienced negotiators from private practice and the Harvard Program on Negotiation. Teams are evaluated on three basic factors: value creation, value claiming, and contract drafting. Prizes are awarded to the team pairing that produces the best overall agreement as well as the two teams that best represent the interests of their respective sides in the negotiation. Now in its 61st year, the competition honors Samuel Williston, professor at Harvard Law School from 1895 to 1938 and author of a classic treatise on contracts. Winners * ...
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Negotiation
Negotiation is a dialogue between two or more people or parties to reach the desired outcome regarding one or more issues of conflict. It is an interaction between entities who aspire to agree on matters of mutual interest. The agreement can be beneficial for all or some of the parties involved. The negotiators should establish their own needs and wants while also seeking to understand the wants and needs of others involved to increase their chances of closing deals, avoiding conflicts, forming relationships with other parties, or maximizing mutual gains. The goal of negotiation is to resolve points of difference, gain an advantage for an individual or collective, or craft outcomes to satisfy various interests. Distributive negotiations, or compromises, are conducted by putting forward a position and making concessions to achieve an agreement. The degree to which the negotiating parties trust each other to implement the negotiated solution is a major factor in determining ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class in the three-year JD program has approximately 560 students, among the largest of the top 150 ranked law schools in the United States. The first-year class is broken into seven sections of approximately 80 students, who take most first-year classes together. Aside from the JD program, Harvard also awards both LLM and SJD degrees. Harvard's uniquely large class size and prestige have led the law school to graduate a great many distinguished alumni in the judiciary, government, and the business world. According to Harvard Law's 2020 ABA-required disclosures, 99% of 2019 graduates passed the bar exam. The school's graduates accounted for more than one-quarter of all Supreme Court clerks between 2000 and 2010, more than any other law schoo ...
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Program On Negotiation
The Program on Negotiation (PON) is a university consortium dedicated to developing the theory and practice of negotiation and dispute resolution. As a community of scholars and practitioners, PON serves a unique role in the world negotiation community. Founded in 1983 as a special research project at Harvard Law School, PON includes faculty, students, and staff from Harvard University, Massachusetts Institute of Technology, Tufts University, and Brandeis University. The Program on Negotiation publishes the quarterly ''Negotiation Journal'' and the monthly ''Negotiation Briefings'' newsletter, and distributes the annual ''Harvard Negotiation Law Review''. Throughout the year PON offers a number of courses and training opportunities ranging in length from one day to an entire semester. History In 1979, co-authors of the bestseller '' Getting to Yes: Negotiating Agreement without Giving In'', Roger Fisher and William Ury, along with Bruce Patton founded the Harvard Negotiation P ...
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Samuel Williston
Samuel Williston (September 24, 1861 – February 18, 1963) was an American lawyer and law professor who authored an influential treatise on contracts. Early life, education and family Williston was born in Cambridge, Massachusetts to a family prosperous from the mercantile trade but whose fortunes declined during his youth, which he recalled, "served as a spur to endeavor." He was graduated from Harvard College in 1882 and worked for three years as a survey assistant for a railroad and teaching at a boarding school. An aunt's bequest enabled him to enroll in Harvard Law School, where he thrived. He was an editor of the first volume of the ''Harvard Law Review'', and in 1888 he graduated first in his class with LL.B. and M.A. degrees. On September 12, 1889, he married Mary Fairlie Wellman. They had two daughters: Dorothea Lewis Williston (Mrs. Murray F. Hall), and Margaret Fairlie Williston (Mrs. Chester B. McLaughlin, Jr.). His wife died in 1929. Legal career Early ...
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Legal Treatise
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates. There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise. Legal treatises are secondary authority, and can serve as a useful starting point for legal research, particularly when the researcher lacks familiarity with a particular area of law. Lawyers commonly use legal treatises in order to review the law and update their knowledge of pertinent primary authority namely, case law, statutes, and administrative regulations. In law schools, treatises are sometimes used a ...
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Jackie Fox
Jacqueline Louise Fuchs (born December 20, 1959) is an American attorney and former musician. Under her stage name Jackie Fox, she played bass guitar for the pioneering all-girl teenage rock band The Runaways. She is the sister of screenwriter Carol Fuchs and sister-in-law of Castle Rock Entertainment co-founder Martin Shafer. The Runaways A Merit scholar, Fuchs had gained early admission to UCLA to study math when the opportunity to join the fledgling rock band the Runaways arose. Fuchs was "discovered" dancing at the Starwood by Rodney Bingenheimer (the self-proclaimed "mayor of the Sunset Strip"), who introduced her to producer/impresario Kim Fowley. Initially she auditioned for lead guitar, but the band hired Lita Ford for that. Some time later, she was called back to play bass; she accepted the offer, and joined the Runaways in 1975, shortly before her 16th birthday. Fuchs played on the Runaways' second studio album, ''Queens of Noise,'' but not on their 1976 debu ...
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Jonathan Zittrain
Jonathan L. Zittrain (born December 24, 1969) is an American professor of Internet law and the George Bemis Professor of International Law at Harvard Law School. He is also a professor at the Harvard Kennedy School, a professor of computer science at the Harvard School of Engineering and Applied Sciences, and co-founder and director of Harvard's Berkman Klein Center for Internet & Society. Previously, Zittrain was Professor of Internet Governance and Regulation at the Oxford Internet Institute of the University of Oxford and visiting professor at the New York University School of Law and Stanford Law School. He is the author of ''The Future of the Internet and How to Stop It'' as well as co-editor of the books, ''Access Denied'' (MIT Press, 2008), ''Access Controlled'' (MIT Press, 2010), and ''Access Contested'' (MIT Press, 2011). Zittrain works in several intersections of the Internet with law and policy including intellectual property, censorship and filtering for content co ...
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Lloyd Blankfein
Lloyd Craig Blankfein (born September 20, 1954) is an American investment banker who has served as senior chairman of Goldman Sachs since 2019, and chairman and chief executive from 2006 until the end of 2018. Previous to leading Goldman Sachs, he was the company's president and chief operating officer (COO) from 2004 to 2006, serving under then-CEO Henry Paulson. Born and raised in New York City, Blankfein attended Harvard University for his undergraduate and law school studies before briefly entering private law practice. In 1982, he became a precious metals salesman at J. Aron & Co., a small commodities trading firm which was acquired by Goldman in 1981. After leading Goldman's currency and commodities divisions from 1994 to 1997 he was named heir apparent. He served as the president and chief operating officer from 2004 to his ascension to chief executive. Almost immediately after Blankfein assumed the head of the company, the financial crisis of 2007–08 hit the banking ...
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Adrian Vermeule
Cornelius Adrian Comstock Vermeule (, born May 2, 1968) is an American legal scholar who is currently the Ralph S. Tyler Professor of Constitutional Law at Harvard Law School. He is best known for his contributions to constitutional law and administrative law, in particular his theory of common-good constitutionalism. Biography Vermeule was born May 2, 1968. Vermeule graduated from Harvard College in 1990 with an A.B. ''summa cum laude'' in East Asian Languages and Civilizations. He then attended Harvard Law School, graduating in 1993 with a Juris Doctor ''magna cum laude''. Vermeule clerked for judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit from 1993 to 1994 and for justice Antonin Scalia of the U.S. Supreme Court from 1994 to 1995. He joined the faculty of the University of Chicago Law School in 1998. Vermeule became professor of law at Harvard Law School in 2006, was named John H. Watson Professor of Law in 2008, and was named Ralph ...
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Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher learning in the United States and one of the most prestigious and highly ranked universities in the world. The university is composed of ten academic faculties plus Harvard Radcliffe Institute. The Faculty of Arts and Sciences offers study in a wide range of undergraduate and graduate academic disciplines, and other faculties offer only graduate degrees, including professional degrees. Harvard has three main campuses: the Cambridge campus centered on Harvard Yard; an adjoining campus immediately across Charles River in the Allston neighborhood of Boston; and the medical campus in Boston's Longwood Medical Area. Harvard's endowment is valued at $50.9 billion, making it the wealthiest academic institution in the world. Endowment inco ...
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Competitions
Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, individuals, economic and social groups, etc. The rivalry can be over attainment of any exclusive goal, including recognition: Competition occurs in nature, between living organisms which co-exist in the same environment. Animals compete over water supplies, food, mates, and other biological resources. Humans usually compete for food and mates, though when these needs are met deep rivalries often arise over the pursuit of wealth, power, prestige, and fame when in a static, repetitive, or unchanging environment. Competition is a major tenet of market economies and business, often associated with business competition as companies are in competition with at least one other firm over the same group of customers. Competition inside a company is usu ...
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