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Problem Solving: An Annotated Bibliography, Cumulative Supplement
AUGUST 2000
by
Phyllis C. Marion
Note: The call numbers given for monographs reflect the location of the work in the California Western
School of Law Library. Please consult the catalog of the library you are using for the location of the work
in that library.
* The author is a Professor and Director of the Library at California Western School of Law. I wish to
thank Amy Moberly, of the California Western library staff, for her assistance in proofreading this bibliography.
I. PROBLEM SOLVING IN GENERAL: MONOGRAPHS
II. PROBLEM SOLVING IN THE LEGAL PROFESSION: MONOGRAPHS
I. PROBLEM SOLVING IN GENERAL: MONOGRAPHS
ALLEN, Roger E. and Stephen D. ALLEN. Winnie-the-Pooh on Problem Solving: In Which Pooh,
Piglet, and Friends Explore How to Solve Problems So You Can Too. New York, NY: Dutton,
1995.
HD30.29.A45 1995 (Problem Solving Collection)
A light-hearted, but perceptive, look at how to solve problems, using narrative in the style of the
original Winnie-the-Pooh stories.
ANDERSON, Barry F. The Complete Thinker: A Handbook of Techniques for Creative and Critical
Problem Solving. Englewood Cliffs, NJ: Prentice Hall, 1980.
BF441.A52 1980 (Problem Solving Collection)
The author presents a "program library" of procedures for dealing with problems. He discusses
how adopting the attitudes taken by good problem solvers toward problems can make one a better
problem solver.
BOLLING, G. Fredric. Leadership and Immensity.
Aldershot, Eng.: Gower, 1996.
HM141.B79 1996 (Problem Solving Collection)
Leaders are defined by the immense problems they face and attempt to solve. They address issues
of concern to groups of people. "This book is about the connection between leaders and immense
problems.... A leader is someone who expresses THE vision of what things will be like when the
immense problem goes away or is solved." (Author's italics) (p. 2) This is a thought piece (no footnotes)
of expanded essays.
BRAMS, Steven J. and Alan D. TAYLOR. The Win-Win Solution: Guaranteeing Fair Shares to
Everybody. New York, NY: W.W. Norton, 1999.
HM136.B73 1999 (Problem Solving Collection)
The author deals in a relatively non-technical way with helping parties to obtain a fair settlement to
a well-structured problem in which it is possible for everyone to win. He discusses three procedures: strict
and balanced alternation (based on taking turns); divide and choose (I cut the cake, you choose the first
piece); and adjusted winner.
BRANSFORD, John D., Ann L. BROWN and Rodney R. COCKING, eds. How People Learn: Brain,
Mind, Experience, and School. Washington, D.C.: National Academy Press, 1999.
LB1060.H672 1999 (Problem Solving Collection)
The editors present the results of a two-year study evaluating user developments in the science of
learning. "Recent research provides a deep understanding of complex reasoning and performance on
problem-solving tasks and how skill and understanding in key subjects are acquired. (p.
xi) This work
includes a discussion of learned problem-solving skills in novices vs. experts.
CRAWFORD, Donna and Richard BODINE. Conflict Resolution Education: A Guide to Implementing
Programs in Schools, Youth-Serving Organizations, and Community and Juvenile Justice Settings:
Program Report. Washington, D.C.: U.S. Dept. of Justice, Office of Juvenile Justice and
Delinquency Prevention and U.S. Dept. Of Education, Office of Elementary and Secondary
Education, 1996.
LB3013.3.C72 1996 (Problem Solving Collection)
Aimed at heightening awareness of conflict resolution education and its potential to settle disputes
peacefully in the elementary and secondary school system, this work emphasizes problem-solving skills.
DE BONO, Edward. De Bono's Thinking Course. Rev. Ed. New York, NY: Facts on File, 1994.
BF455.D363 1994 (Problem Solving Collection)
"Improving your thinking is actually much, much simpler than most people believe." (p.
xi) The
author believes that while thinking is a matter of intelligence, it can be improved by training and practice.
He presents a practical strategy for learning how to think better.
DE BONO, Edward. The Mechanism of the Mind. New York, NY: Simon and Schuster, 1969.
BF455.D37 1969 (Problem Solving Collection)
"This book has to do with the way the brain becomes mind." (p. 7) It discusses the biological
information processing system of the mind-focusing on the mechanical behavior of the brain.
DE BONO, Edward. Serious Creativity: Using the Power of Lateral Thinking to Create New ideas.
New York, NY: HarperBusiness, 1993.
BF408.D447 1993 (Problem Solving Collection)
Dr. DeBono believes creativity is not a semi-mystical talent, but that creative thinking skills can be
improved through the use of conscious techniques such as lateral thinking. "Lateral thinking is a systematic
approach to creative thinking with formal techniques that can be used deliberately." (p. v.)
DE BONO, Edward. Six Thinking Hats. 1st U.S. Ed. Boston, MA: Little, Brown and Co., 1985.
BF441.D385 1985 (Problem Solving Collection)
The author describes six different thinking hats, each of which defines a certain type of thinking.
By choosing between the hats, one makes thinking a very deliberative process. The six hats are: the white
hat-facts and figures; the red hat-emotions and feelings; the black hat-what is wrong with it; the yellow
hat-speculative-positive; the green hat-creative and lateral; and the blue hat-control of thinking.
DEUTSCH, Morton and Peter T. COLEMAN, eds. The Handbook of Conflict Resolution: Theory and
Practice. 1st ed. San Francisco, CA: Jossey-Bass, 2000.
HM1126.H35 2000 (Problem Solving Collection)
This is a general work on conflict resolution, with many sections mentioning problem solving in
passing. Of particular interest is Chapter 9, Problem solving and decision making in conflict resolution,
by Eben A. Weitzman and Patricia Flynn Weitzman.
DÖRNER, Dietrich. The Logic Of Failure: Why Things Go Wrong And What We Can Do to Make Them
Right. 1st American ed. New York, NY: Metropolitan Books, 1996.
BF448.D6713 1996 (Problem Solving Collection)
Translated by Rita and Robert Kimber.
The author describes the tendency to deal with problems on an ad hoc basis which may lead to
failure on a more global scale over a period of time. He analyzes some of the common errors in complex
problem solving.
EIFFERT, Stephen D. Cross-Train Your Brain: A Mental Fitness Program for Maximizing Creativity and
Achieving Success. New York, NY: AMACOM, 1999.
BF408.E395 1999 (Problem Solving Collection)
This popular treatment looks at the methodology for developing creativity, a necessary ingredient
in problem-solving.
EITINGTON, Julius E. The Winning Trainer. 3rd ed. Houston, TX: Gulf Publishing Co., 1996.
HF5549.5.T7E38 1996 (Problem Solving Collection)
The focus of this work is on a training session which actively involves the learner. Of particular
interest are Chapter 10, Defining a problem and generating data about it; Chapter 11, Generating
solutions to a problem; and Chapter 12, Selecting and implementing a solution.
EPSTEIN, Robert. Cognition, Creativity, and Behavior: Selected Essays. Westport, CT:
Praeger, 1996.
BF199.E67 1996 (Problem Solving Collection)
This is a collection of the author's essays dealing with cognition and creativity as determined
through the experimental analysis of behavior.
EPSTEIN, Robert. Creativity Games for Trainers: A Handbook of Group Activities for Jumpstarting
Workplace Creativity. New York, NY: Training McGraw-Hill, 1996.
HF5549.5.T7E67 1996 (Problem Solving Collection)
This work is meant to be used in group training situations. It consists of a series of exercises based
on generativity theory and research to enhance creativity for "real" people. It includes an introduction to
training principles and instructions on how to use the exercises.
FABIAN, John. Creative Thinking & Problem Solving. Chelsea, MI: Lewis Publishers, 1990.
Q172.5.C74F33 1990 (Problem Solving Collection)
This book is "intended for scientists, engineers, and project leaders who want to add depth, how
to's and spice to their creative thinking." (p. vii) The author presents strategies for both individuals and
groups.
FAUST, Gerald W., Richard I. LYLES, and Will PHILLIPS. Responsible Managers Get Results: How
the Best Find Solutions-Not Excuses. New York, NY: AMACOM, 1998.
HD66.F38 1998 (Problem Solving Collection)
The authors emphasize responsibility while discussing various models for problem solving.
"Very simply stated, successful managers are responsible managers. They focus on the results that need
to be produced and do whatever is necessary to achieve them. In order to maintain this focus on results,
it's important that they do two things: First, they must elevate the role of problem solving in their
organizations; they must make problem solving a strategic process. Second, they must solve the day-to-day problems that arise in their organizations decisively and permanently."
(p. xiv)
FINKE, Ronald A., Thomas B. WARD and Steven M. SMITH. Creative Cognition: Theory, Research,
and Applications. Cambridge, MA: MIT Press, 1992. (A Bradford Book)
BF408.F447 1992 (Problem Solving Collection)
Of particular interest is Chapter 8, Creative Strategies for Problem Solving, in which the authors
present a brief overview of various types of creative strategies for problem solving, particularly those
relevant to creative cognition.
FIRESTEIN, Roger L. Leading on the Creative Edge: Gaining Competitive Advantage through the Power
of Creative Problem Solving. Colorado Springs, CO: Piñon Press, 1996.
HD53.F56 1996 (Problem Solving Collection)
Aimed at those in business who want to win in the market place, the author's aim is to deliver
"practical methods you can immediately apply to help you become more creative and to nurture creativity
in the people who work for you." (p. 9-10) He lays out a process to redefine a problem in order to solve
the problem effectively.
FISHER, Marsh. The IdeaFisher: How to Land that Big Idea-and Other Secrets of Creativity in Business.
Princeton, NJ: Peterson's/Pacesetter Books, 1996.
HD53.F57 1996 (Problem Solving Collection)
The author has patented IdeaFisher™, a software program that aids problem solving through the
use of the concept of "Associational Thinking". The book describes associational thinking and how it can
be used in problem solving with or without computer assistance. It uses a variety of scenarios as teaching
tools. While geared toward business, the book could be helpful to the general reader.
FLIN, Rhona, et al., eds. Decision Making under Stress: Emerging Themes and Applications.
Aldershot,
Eng.: Ashgate, 1997.
BF448.D423 1997 (Problem Solving Collection)
These papers are from an international conference: Decision Making Under Stress: Emerging
Themes and Applications, Aberdeen, Scotland, 1996. Stress has a negative import on problem solving
and decision making, particularly among novices. Experts, however, often achieve a high level of
competence in decision making under stress.
FOGLER, H. Scott and Steven E. LEBLANC. Strategies for Creative Problem Solving. Englewood
Cliffs, NJ: Prentice Hall, 1995.
BF449.F7 1995 (Problem Solving Collection)
The authors provide a framework to polish creative problem-solving skills. They include a
problem-solving heuristic to address ill-defined problems which consists of five steps: (1) define the real,
as opposed to perceived, problem; (2) generate solutions; (3) decide a course of action; (4) implement the
solution; and (5)evaluate the solution. Each step is described with exercises.
FRYER, Marilyn. Creative Teaching and Learning. London, Eng.: Paul Chapman Publishing, 1996.
This title is directed "especially for teachers who want their students to become efficient learners,
skilled in creative thinking and problem solving." (Pref.) It is based on reports from over 1,000 British
teachers of under eighteen-year-olds.
GILHOOLY, K.J. Thinking: Directed, Undirected and Creative. 3rd ed. New York, NY: Academic
Press, 1996.
BF441.G44 1996 (Problem Solving Collection)
Aimed at students with some background in psychology and those in courses on psychology of
thinking, this work addresses such topics as thinking directed at problem solving and creative thinking.
Thinking directed toward problem solving is exploring a symbolic model of the task to determine the course
of action that should be best. Of particular interest are Chapter 3, Expertise 1: Adversary problems and
Chapter 4, Expertise 2: Non-adversary problems.
HALE, Richard and Peter WHITLAM. Practical Problem Solving & Decision Making: An Integrated
Approach. London, Eng.: Kogan Page, 1997.
HD30.29.H35 1997
The authors have "devised a model which [they] believe mirrors in a more formal and structured
way the mental stages through which individuals pass [in problem solving]. (p. 9) The text is geared to
managers who face complex or strategic problems, but can also be used in collective problem-solving
situations.
H ANSEL, Tim. Eating Problems for Breakfast: A Simple, Creative Approach to Solving Any Problem.
Dallas, TX: Word Publishing, 1988.
BJ1581.2.H27 1988 (Problem Solving Collection)
Rather than just coping, the author believes one must take an active attitude toward solving
problems. He offers ten principles as a step-by-step guide to problem solving. This work deals mainly with
handling personal problems.
HARRISON, Allen F. & Robert M.
BRAMSON. Styles of Thinking: Strategies for Asking Questions,
Making Decisions, and Solving Problems. Garden City, NJ: Anchor Press/Doubleday, 1982.
B105.T54H37 1982 (Problem Solving Collection)
The authors' intent is to expand the readers' repertoire of strategies for dealing with decision
making and solving problems. They hope to enable the reader to understand his or her style of thinking,
identify blind spots in this style, reinforce strengths and learn practical skills to expand his/her styles of
thinking.
HUGHES, Thomas P. Rescuing Prometheus. New York, Pantheon Books, 1998.
T176.H84 1998 (Problem Solving Collection)
Hughes recounts the technological transformation of the post-World War II period, during which
complex problems were solved through the use of technology and science. He emphasizes the massive
research and development projects which were collective creative endeavors.
ISAKSEN, Scott G. and Donald J. TREFFINGER. Creative Problem Solving: The Basic Course.
Buffalo, NY: Bearly Ltd, 1985.
BF408.I8 1985 (Problem Solving Collection)
The authors provide a basic overview of creative problem solving, describing different phases of
the process involved and including exercises to build creative problem solving skills.
JONES, John E. and J. William PFEIFFER, eds. The 1979 Annual Handbook for Group Facilitators.
La Jolla, CA: University Associates, 1979.
HM134.A55 1979 (Problem Solving Collection)
The handbook assembles a variety of materials for group facilitators. Of particular interest are
Puzzle cards: approaches to problem solving (p. 41) and Finishing Unfinished Business: Creative
Problem Solving (p. 154).
JONES, Louis N. and Ronald C. MCBRIDE. An Introduction to Team-Approach Problem Solving.
Milwaukee, WI: ASQC Quality Press, 1990.
HD30.29.J66 1990 (Problem Solving Collection)
The author presents a quality improvement strategy for companies using a team approach to
problem solving. The system is "DISTIL"-- which "combines creative, judgmental, and logical approaches
to move a team from problem identification to a long-lasting, positive solution." (p. ix)
KEPNER, Charles H. and Hirotsugu IIKUBO. Managing beyond the Ordinary. New York, NY:
AMACOM, 1996.
HD31.K46 1996 (Problem Solving Collection)
This practical guide for managers stresses that management efforts to solve problems involve a
collaborative effort between managers and their informal resource persons.
KIRTON, Michael, ed. Adaptors and Innovators: Styles of Creativity and Problem Solving. Rev. ed.
London, Eng.: Routledge, 1994.
HD53.A33 1994 (Problem Solving Collection)
Kirton relates problem solving to individual capacity and the "coping behavior" of individuals in
the work place to the "cognitive climate" of the organization.
KRIPPNER, Stanley and Joseph DILLARD. Dreamworking: How to Use Your dreams for Creative
Problem-Solving. Buffalo, NY: Bearly Limited, 1988.
BF1099.P75K75 1988 (Problem Solving Collection)
An interesting and provocative work supporting the authors' belief that one may use one's dreams
to come up with creative solutions to problems. Each chapter includes exercises which let the reader test
the concepts in the chapter.
KRITEK, Phyllis Beck. Negotiating at an Uneven Table: A Practical Approach to Working with
Differences & Diversity. San Francisco, CA: Jossey-Bass, 1994
R724.K74 1994 (Problem Solving Collection)
This self-help book discusses how to negotiate conflict when some of the parties are at a
disadvantage which other parties do not acknowledge. This is a practical, not scholarly work, often
discussing life experiences.
LEMONS, John, ed. Scientific Uncertainty and Environmental Problem Solving. Cambridge, MA:
Blackwell Science, 1996.
GE105.S35 1996 (Problem Solving Collection)
Various authors discuss the nature of scientific uncertainty and how it impacts upon environmental
problem solving.
LEONARD, Dorothy A. and Walter C. SWAP. When Sparks Fly: Igniting Creativity in Groups. Boston,
MA: Harvard Business School Press, 1999.
HD53.L46 1999 (Problem Solving Collection)
The authors merge perspectives from basic research in psychology and from practical experience
in management to address the issue of creativity in groups.
LIPPITT, Lawrence L. Preferred Futuring: Envision the Future You Want and Unleash the Energy to Get
There. San Francisco, CA: Berrett-Koehler Publishers, 1998.
HD58.8.L573 1998 (Problem Solving Collection)
Preferred futuring is an alternative methodology to problem solving which shifts the paradigm "from
focusing on the problem to focusing on an exciting future state." (p. 5)
LOEHLE, Craig. Thinking Strategically: Power Tools for Personal and Professional Advancement.
Cambridge, Eng.: Cambridge University Press, 1996.
BF408.L753 1996 (Problem Solving Collection)
Most professionals are not educated to solve complex problems, but rather to solve well-defined
problems. Professionals need to master strategic thinking "which is a process of reasoning about complex
problems or systems to achieve a goal." (p. 1) Strategic thinking allows us to define a problem arising from
"an initially ambiguous sea of unconnected data and then solving it." (p. 1)
LOGSDON, Tom. Breaking Through: Creative Problem Solving Using Six Successful Strategies.
Reading, MA: Addison Wesley Publishing Co., 1993.
HD30.29.L64 1993 (Problem Solving Collection)
The author describes strategies to enhance an individual's creative problem-solving skills.
Each chapter begins with a description of a "breakthrough made by a single individual with one simple,
creative idea." (p. viii) He includes many lessons and work sheets of exercises.
LUMSDAINE, Edward and Monika LUMSDAINE. Creative Problem Solving: Thinking Skills for a
Changing World. New York, NY: McGraw-Hill, Inc., 1995.
The authors' approach stresses the need for creative thinkers who can use their skills to become
more effective problem solvers. Part 1 concentrates on developing creative thinking skills; part 2 deals with
the creative problem solving processes; and part 3 presents four areas of application for creative thinking
and problem solving.
LUNDBERG, Gary and Joy LUNDBERG. I Don't Have to Make Everything All Better: Six Practical
Principles to Empower Others to Solve Their Own Problems While Enriching Your Relationships.
New York, NY: Viking, 1999.
HM132.L86 1999 (Problem Solving Collection)
This work deals with problem solving in personal relationships.
MAYESKE, George W. Life Cycle Program Management and Evaluation: An Organic and Heuristic
Approach. 4th ed. Washington, D.C., Cooperative State Research, Education and Extension
Services, U.S. Dept. of Agriculture, 1999.
T57.84.M39 1999 (Problem Solving Collection)
"Life cycle" is a term usually associated with project management, but it is useful in the development
of educational programs that emphasize learning by doing. Of particular interest is Chapter 3, Problem
finding.
MILLIS, Barbara Jane and Philip G. COTTELL, Jr. Cooperative Learning for Higher Education Faculty.
Phoenix, AR: Oryx Press, 1998.
LB2331.M54 1998 (Problem Solving Collection)
Of particular interest is Chapter 6, Structures for Problem Solving in Teams.
MOURSUND, David. Increasing Your Expertise as a Problem Solver: Some Roles of Computers. 2nd
ed. Eugene, OR: International Society for Technology in Education, 1996.
LB1028.3.M6 1996 (Problem Solving Collection)
"This book will help you to learn more about your mind and computers, and how they can work
together to solve problems." (p. 1) It emphasizes problems where computers are a useful aid, but early
chapters discuss problem solving generally.
NOLLER, Ruth B. Scratching the Surface of Creative Problem-Solving: A Bird's Eye-View of CPS.
East Aurora, NY: D.O.K. Publishers, 1986.
BF441.N65 1977 (Problem Solving Collection)
"This little book is an attempt at" (p. 3) providing a ready answer to the question " what is creative
problem solving". It consists of short answers in an outline format.
NOONE, Donald J. Creative Problem Solving. 2nd ed. Hauppauge, NY: Barron's Educational Series,
Inc., 1998.
This short work written for the popular market emphasizes that creative problem solving is a high
priority for all business people. It is a skill that can be learned and, once learned, its benefits are felt in all
areas of one's life.
NUCHO, Aina O. Spontaneous Creative Imagery: Problem-Solving and Life-Enhancing Skills.
Springfield, IL: C.C. Thomas, 1995.
RZ401.N83 1995 (Problem Solving Collection)
Our ability at imagery allows us to look at the big picture-to see beyond the patterns of linear
thinking. It allows us "to imagine alternative possible responses to the challenges of life". (p. vi)
Of particular interest is Chapter 8, Problem-solving imagery.
O'KEEFFE, John. Business Beyond the Box: Applying Your Mind for Breakthrough Results. London,
Eng.: Nicholas Brealey Publishing, 1998.
HD58.8.O37 1998 (Problem Solving Collection)
The author says his book "will give you the secrets of operating beyond the box of conventional
thinking habits and mindsets." (p. 1) He presents eight practical thinking strategies to improve the
manager's ability to be innovative and play with boundaries.
OSIGWEH, Chimezie A.B. Improving Problem-Solving Participation: The Case of Local Transnational
Voluntary Organizations. Lanham, MD: University Press of America, 1983.
If individuals are effective problem solvers, organizations and other entities can improve their ability
to undertake effective organizational problem solving.
PARNES, Sidney J., ed. Source Book for Creative Problem-Solving: A Fifty Year Digest of Proven
Innovation Processes. Buffalo, NY: Creative Education Foundation Press, 1992.
HD30.29.S66 1992 (Problem Solving Collection)
This is a collection of works by various authors explaining what had been learned about the
deliberative systematic development of creative potential in the 50 years between 1942 and 1992. It
contains works of interest at all levels from the novice to the professional. Many of the chapters focus on
creative problem solving.
PLSEK, Paul E. Creativity, Innovation and Quality. Milwaukee, WI: ASQ Quality Press, 1997.
HD53.P58 1997 (Problem Solving Collection)
This book is aimed at quality management practitioners who want information on the topics of
creativity and innovation. It shows "how creative thinking can be used to advance the practice of quality
management in organizations today." (p. vii) The author focuses on "directed creativity" which is defined
as "the deliberate mental action needed to produce novel ideas in targeted areas." (p. viii)
POSAMENTIER, Alfred S. The Art of Problem Solving: A Resource for the Mathematics Teacher.
Thousand Oaks, CA: Corwin Press, 1996.
QA63.A78 1996 (Problem Solving Collection)
Primarily mathematical in focus, but the introductions to the various essays have a more general
approach.
POPPER, Karl. All Life is Problem Solving. Translated by Patrick
Camiller. New York, NY: Routledge,
1999.
CB357.P5613 1999 (Problem Solving Collection)
This collection of essays on problem solving was originally published as Alles Leben ist
Problemlösen. Of particular interest is Chapter 9, All life is problem solving (1991).
PROCTOR, Tony. Creative Problem Solving for Managers. New York, NY:
Routledge, 1999.
HD30.29.P763 1999 (Problem Solving Collection)
This textbook provides "an essential introduction to the ideas and skills of creative problem
solving." (Introductory page) The author critically examines the various themes of creative problem solving
and presents a variety of methods for addressing managerial problems. Of particular interest is Chapter
3, Theories of creativity and the creative problem solving process. The work includes case studies
and problems and diagrams.
"PUZZLE cards: approaches to problem solving." 1979 Annual Handbook for Group Facilitators. Eds.
John E. Jones and J. William Pfeiffer. La Jolla, CA: University Associates, 1979. 41-45.
HM134.A55 1979 (Problem Solving Collection)
This chapter describes in detail exercises which generate an understanding of different approaches
to problem solving and compares the advantages and disadvantages of each.
RICKARDS, Tudor. Problem Solving through Creative Analysis. Epping, Eng.: Gower Press, 1974.
HD53.R524 1974 (Problem Solving Collection)
This book is intended to aid managers in tackling open-ended problems (those with no logically
correct answer) through the use of creativity-spurring techniques. "The overall framework for assimilating
effective [problem-solving] procedures is termed 'creative analysis'". (p. 2) The work includes figures,
graphs and case studies. Reprinted under the title Problem Solving by Coles Business Books, Toronto
Canada, 1980 (HD53.R52 1980)
RICKARDS, Tudor. Problem Solving see RICKARDS, Tudor, Problem Solving through Creative
Analysis.
RIEMER, Neal. Creative Breakthroughs in Politics. Westport, CT:
Praeger, 1996.
JC585.R535 1996
The author discusses a series of real or alleged or proposed creative breakthroughs involving
persistent political problems in order to find ways to handle current and future problems of the same
magnitude. "I define a creative breakthrough in politics as a fruitful resolution of a major problem, a
problem the conventional wisdom deems impossible to solve." (p. ix-x)
ROOT-BERNSTEIN, Robert and Michèle ROOT-BERNSTEIN. Sparks of Genius: The Thirteen
Thinking Tools of the World's Most Creative People. Boston, MA: Houghton Mifflin Co., 1999.
BF408.R66 1999
Creative thinking is often spontaneous, resulting in ideas which then can be translated into formal
types of communication, such as words or art. Everyone has a creative imagination. "Educating this
universal creative imagination is the key to producing life long learners capable of shaping the innovations
of tomorrow." (p. vii)
RUNCO, Mark A. and Steven R. PRITZKER, eds. Encyclopedia of Creativity. San Diego, CA:
Academic Press, 1999.
BF408.E53 1999 (Problem Solving Collection)
Among the entries related to problem solving are Problem Finding by Mark A. Runco and Gayle
Dow (v. 2, p.433-435) and Problem Solving, by Richard E. Mayer (v. 2, p. 437-447).
SCANDURA, Joseph M. Problem Solving: A Structural/Process Approach with Instructional
Implications. New York, NY: Academic Press, 1977.
BF441.S22 1977 (Problem Solving Collection)
This collection of papers by the author presents problem solving from a cross-disciplinary
perspective in order to break down the barriers in the study of problem solving.
SCHWARZ, Roger M. The Skilled Facilitator: Practical Wisdom for Developing Effective Groups. San
Francisco, CA: Jossey-Bass Pub., 1994.
HD30.3.S373 1994 (Problem Solving Collection)
This work is intended for both the practitioner and the practical scholar, but is "about how
facilitators and others help groups become more effective." (p. xi) Of particular interest is Chapter 8,
Helping the group solve problems.
SICKAFUS, Ed. Unified Structural Inventive Thinking. Gross
Ile, MI: NTELLECK, 1997.
T212.S542 1997 (Problem Solving Collection)
Sickafus' work contains a great deal of material about problem solving particularly as it relates to
invention. "This book is about structured inventive thinking, a teachable, learnable, and executable process
for generating conceptual solutions to conceptual problems. (p. vii, underlining by author)
SIEGEL, Gilbert B. Mass Interviewing and the Marshalling of Ideas to Improve Performance: The
Crawford Slip Method. Lanham, MD: University Press of America, 1996.
HD30.29.S55 1996 (Problem Solving Collection)
The author describes an interesting method for gathering information from large groups that could
be refined for a problem-solving activity.
SMITH, Gerald F. Quality Problem Solving. Milwaukee, WI: ASQ Quality Press, 1998.
TS156.S62 1998 (Problem Solving Collection)
The author's aim is to "provide readers with a comprehensive and reasonably deep understanding
of real-world problem solving, especially that performed for quality improvement purposes." (p. xiii) While
the book could be read cover to cover, it may also be used for advice on how to solve specific problems
that arise within organizations.
SPITZER, Quinn and Ron EVANS. Heads, You Win!: How the Best Companies Think. New York,
NY: Simon and Schuster, 1997.
HD30.23.S688 1997 (Problem Solving Collection)
The authors focus on critical thinking skills in the business setting, with problem solving being the
most seminal of the critical thinking skills. Of particular interest is Chapter 3, Problem solving--the
eternal search for why.
SPRING, Martin Joseph. The Effect of Thinking Aloud and Locus of Control on Problem Solving and
Transfer.
Dissertation (PhD) in Education, 1996, University of California, Riverside.
Spring reports the results of a study of grade school students to determine if thinking aloud
enhances cognitive performance, including problem solving.
STARKEY, Brigid, Mark A. BOYER and Jonathon WILKENFELD. Negotiating a Complex World:
An Introduction to International Negotiation. Lanham, MD: Rowman & Littlefield Pub., 1999.
JZ6045.S73 1999
The authors discuss negotiation as a problem-solving tool in the international arena. "This book
attempts to reach a broad audience of students who have a need for an in-depth understanding of how
nations and other international actors go about achieving their objectives through the give-and-take of the
negotiation process." (p. x)
STERNBERG, Robert J., ed. Handbook of Creativity. Cambridge, Eng.: Cambridge University Press,
1999.
BF408.H285 1999 (Problem Solving Collection)
While the essays focus on creativity , several deal with problem finding and problem solving.
STONE, Douglas, Bruce PATTON and Sheila HEEN. Difficult Conversations: How to Discuss What
Matters Most. New York, NY: Viking, 1999.
BF637.C45S78 1999 (Problem Solving Collection)
In order to effectively solve problems we must be able to communicate about difficult topics. This
book explores "what it is that makes conversations difficult, why we avoid them, and why we often handle
them badly." (p. vii). The authors then present skills that will enable the reader to deal with such
conversations effectively.
TERNINKO, John and Alla ZUSMAN, Boris
ZLOTIN. Systematic Innovation: An introduction to
TRIZ (Theory of Inventive Problem Solving). Boca Raton, FL: St. Lucie Press, 1998.
HD30.29.T47 1998 (Problem Solving Collection)
TRIZ aims at changing thinking patterns to allow for more creative problem solving.
ULSCHAK, Francis L. "Finishing Unfinished Business: Creative Problems Solving". 1979 Annual
Handbook for Group Facilitators. Eds. John E. Jones and J. William Pfeiffer. La Jolla, CA:
University Associates, 1979. 154-173.
HM134.A55 1979 (Problem Solving Collection)
This article discusses problem solving from a person-centered perspective. It includes flow charts
and diagrams.
VAN SLYKE, Erik J. Listening to Conflict: Finding Constructive Solutions to Workplace Disputes. New
York, NY: AMACOM, 1999.
HD42.V36 1999 (Problem Solving Collection)
"This book provides a comprehensive overview of conflict resolution and demonstrates how
listening can open pathways to understanding and constructive solutions." (p. x)
VANGUNDY, Arthur B. Creative Problem Solving: A Guide for Trainers and Management. New York,
NY: Quorum Books, 1987.
HD30.29.V34 1987 (Problem Solving Collection)
The author describes and applies the Osborn-Parnes Creative Problem Solving (CPS) model as
an especially useful model for addressing ambiguous, ill-structured types of problems. CPS is based on
the use of both analytical and intuitive types of thinking. The book is aimed at those who are going to train
using this model. Exercises are included.
VANGUNDY, Arthur B. Idea Power: Techniques and Resources to Unleash the Creativity in Your
Organization. New York, NY: American Management Association, 1992.
HD53.V36 1992 (Problem Solving Collection)
VanGundy discusses creativity training which equips employees with the skills they need to identify
problems and generate solutions. Of particular interest is Chapter 2, Creative Problem Solving.
VANGUNDY, Arthur B. Managing Group Creativity: A Modular Approach to Problem Solving. New
York, NY: AMACOM, 1984.
HD30.29.V35 1984 (Problem Solving Collection)
The author aims his book at managers and facilitators of groups who must deal with complex, ill-structured problems which usually require more creative solutions than routine problems. He
contends that group creativity can be managed to produce creative solutions. The text is "built around a
set of modules pertaining to different aspects of group creative problem solving." (p. v)
VANGUNDY, Arthur B. Training Your Creative Mind. Englewood Cliffs, NJ: Prentice-Hall, 1982.
BF408.V25 1982 (Problem Solving Collection)
Aimed at those with little prior exposure to creative thinking and who are seriously interested in
becoming more creative, this book provides a structures approach to increasing personal creativity. It
includes many exercises.
VERDUIN, John R. Helping Students Develop Investigative, Problem Solving, and Thinking Skills in a
Cooperative Setting: A Handbook for Teachers, Administrators and Curriculum Workers.
Springfield, IL: Charles C. Thomas, 1996.
LC3993.9.V47 1996 (Problem Solving Collection)
The author presents strategies to introduce young students to investigative, problem solving and
thinking skills, with an emphasis on working together in a democratic setting. The author tries to encourage
social responsiveness and responsibility.
VUCHINICH, Samuel. Problem Solving in Families: Research and Practice. Thousand Oaks, CA: Sage
Publications, 1999. (Understanding families)
HQ728.V83 1999 (Problem Solving Collection)
As the title indicates, focus is on the processes that families use to solve problems.
WARNOCK, Peter. Two Heads Are Better Than One in Creative Problem Solving and Decision
Making. Buffalo, NY: Bearly Limited, 1985.
BF408.W37 1985 (Problem Solving Collection)
This slim work aimed at cooperative extension workers presents the basic concepts of creative
problem solving. It also includes a few exercises and inspirational quotes.
WEBNE-BEHRMAN, Harry. The Practice of Facilitation: Managing Group Process and Solving
Problems. Westport, CT: Quorum Books, 1998.
HD30.29.W43 1998 (Problem Solving Collection)
This work addresses the facilitator's role in work group problem solving. Of particular interest is
Chapter 4, Problem solving in facilitated groups, which includes a discussion of the pre-conditions for
effective problem solving and the alternative strategies that can be used.
WEITZMAN, Eben A. and Patricia Flynn WEITZMAN. "Problem Solving and Decision Making in
Conflict Resolution." Handbook of Conflict Resolution. Eds. Morton Deutsch and Peter Coleman.
San Francisco, CA: Jossey-Bass, 2000. 185-209.
HM1126.H35 2000 (Problem Solving Collection)
Resolving conflict can be thought of as solving a problem together. The authors present problem
solving and divide conflict resolution into two areas: problem solving and decision making. They present
a model blending the two.
YANKELOVICH, Daniel. The Magic of Dialogue: Transforming Conflict into Cooperation. New
York, NY: Simon & Schuster, 1999.
HD30.3.Y36 1999 (Problem Solving Collection)
Dialogue, according to the author, is seeking mutual understanding. There are usually two purposes
for doing dialogue, "to strengthen personal relationships and to solve problems. Today, the
second purpose is growing in importance: increasingly, we find ourselves facing problems that require more
shared understanding with others than in the past." (p. 12)
YOUNG, Robert L. Understanding Misunderstandings: A Practical Guide to More Successful Human
Interaction. 1st ed. Austin, TX: University of Texas Press, 1999.
BF637.C45Y69 1999 (Problem Solving Collection)
The author presents a practical approach for the non-scholar seeking to increase his/her
understanding of how misunderstandings come about in order to "help us avoid them and more effectively
handle them when they do occur". (p. ix)
ZAMBRUSKI, Michael S. The Business Analyser and Planner: The Unique Process for Solving
Problems, Finding Opportunities, and Making Better Decisions Every Day. New York, NY:
AMACOM, 1999.
HF1008.Z36 1999 (Problem Solving Collection)
This detailed handbook guides the business person through the decision-making process to be used
to address problems in any business setting.
ZSAMBOK, Caroline E. and Gary KLEIN, eds. Naturalistic Decision Making. Mahwah, NJ: Lawrence
Erlbaum Assoc., 1997.
BF448.N38 1997 (Problem Solving Collection)
These proceedings of the 2nd Naturalistic Decision Making Conference held in 1994 in Dayton,
Ohio include presentations on expert-novice differences, examination of the role of recognition processes
and situational assessment in problem solving, hypothesis formation and testing in real-world situations, and
decision-making strategies in emergency situations. Various authors discuss how inexperienced decision-makers, individually or in groups, deal with ill-structured problems in times of stress and high stakes.
II. PROBLEM SOLVING IN THE LEGAL PROFESSION: MONOGRAPHS
AMERICAN LAW INSTITUTE-AMERICAN BAR ASSOCIATION COMMITTEE ON
CONTINUING PROFESSIONAL EDUCATION. Teaching for Better Learning: Adult
Education in CLE. 1st ed. Philadelphia, PA: American Law Institute-American Bar Association
Committee on Continuing Professional Education, 1999.
KF275.T43 1999 (Problem Solving Collection)
Of particular interest is the section which discusses participant-generated problems, which are seen
as an opportunity for lawyers to address the complex problems they are facing and to learn problem-solving
strategies from experts and peers.
HEALD, Paul J., ed. Literature and Legal Problem Solving: Law and Literature as Ethical Discourse.
Durham, NC: Carolina Academic Press, 1998.
PN56.L33L57 1998 (Problem Solving Collection)
"The essential connection of law to the question of how we should live, even when legal discourse
obscures the connection, makes the study of literature relevant to law. Why? Because fiction is an
undeniably rich collection of studies in the appropriateness of human action." (p. 4) "In other words,
relevant raw materials for solving some legal problems may be found in novels, drama
and mythology." (p. 4) Each essay in this book attempts to address a single legal problem in light of a
particular legal work.
JONES, Philip A. Lawyers' Skills. London, Eng.: Blackstone Press Ltd., 1998.
KD474.Z9L39 1998 (Problem Solving Collection)
Section 1, Legal Research and Problem Solving, discusses the use of research to solve a specific
client's problem and provides a framework for doing so.
KRIEGER, Stefan, et. al. Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and
Persuasive Fact Analysis. Gaithersburg, NY: Aspen Law and Business, 1999.
KF300.E84 1999
"Most of the thinking that lawyers do consists of (1) diagnosing what is happening now, (2)
predicting what will happen in the future, or (3) creating and implementing strategies to control what
happens in the future." (p. 31) (author's italics) Of particular interest in Chapter 4, Lawyering as
problem-solving.
LEVINE, Stewart. Getting to Resolution: Turning Conflict into Collaboration. San Francisco, CA:
Berrett-Koehler Publishing, 1998.
KF9084.L48 1998
The author contends that resolving clients' problems so that they can get back to their lives should
be the real focus of the lawyer, not winning or losing. He addresses how to change one's thoughts about
conflict and provides a model for resolution of conflict.
TWINING, William. Law in Context: Enlarging a Discipline. Oxford, Eng.: Clarendon Press, 1997.
K100.Z9T94 1997 (Problem Solving Collection)
"The main object of this book is to explore in detail and in depth what is involved in broadening the
discipline of law." (p. 23) The book is a collection of mainly previously published work by the author on
the practice of law and legal education. A series of chapters discusses legal skills training. The author also
discusses other works on the role and training of lawyers.
III. PROBLEM SOLVING IN THE LEGAL PROFESSION: ARTICLES
AARONSON, Mark Neal. We Ask You to Consider: Learning about Practical Judgment in
Lawyering,
4 Clinical L. Rev. 247 (1998).
This paper, presented at the UCLA/IALS Conference on "Conceptual Paradigms in Clinical Legal
Education", describes the need for practical judgment in the complex decision making faced by lawyers
who are attempting to find solutions to complex, ill-structured problems.
BAKER, Brook K. Beyond MacCrate: The Role of Context, Experience, Theory, and Reflection in
Ecological Learning, 36 Ariz. L. Rev. 287 (1994).
The author discusses the energy theory of ecological learning, which concerns the ability to learn
in a practice or "on-the-job" situation. He includes a discussion about the degree to which problem-solving
skills can be transferred from one context to another.
BARRON, Paul. Can Anything Be Done to Make the Upper-Level Law School Courses More
Interesting?, 70 Tul. L. Rev. 1881 (1996).
In order to develop problem-solving skills, Barron uses the problem-solving method in an
advanced bankruptcy course.
BELLOW, Gary and Earl JOHNSON. Reflections on the University of Southern California Clinical
Semester, 44 S. Calif. L. Rev. 664 (1971).
The authors discuss their upper division trial advocacy courses which are designed to teach the
problem-solving and decision-making skills related to lawyering. Their approach addresses all the skills
surrounding problem solving with the goal of developing independent thinkers who will be able to determine
approaches best-suited to a given situation.
BERGER, Marilyn J. and John B. MITCHELL Rethinking Advocacy Training, 16 Am. J. Trial
Advoc.
821 (1993).
Berger and Mitchell have developed a teaching methodology which incorporates problem solving
into a year-long course on trial advocacy.
COLON-NAVARRO, Fernando. Thinking Like a Lawyer: Expert-Novice Differences in Simulated
Client Interviews, 21 J. Legal Prof. 107 (1996).
The author examines the thinking processes of expert and novice lawyers who are presented with
a problem to solve to determine whether legal expertise is developed in a manner similar or dissimilar to
the expertise in other fields.
COOPER, James M. Creative Problem Solving and the Castro Conundrum, 28 Cal. W. Int'l L. J. 391
(1998).
Cooper believes the U.S. hard-line policy toward Cuba has failed to bring about positive
developments in Cuba. "Part III [of this article] proposes alternative approaches to the American-Cuban
situation, using an evolving process of Creative Problem Solving." (p. 395)
CORN, Major. A Problem Solving Model for Developing Operational Law Proficiency: An Analytical
Tool for Managing the Complex , Army Law., 36 ( Sep. 1998).
This article, geared to the judge-advocate, introduces an analytical model that favors a systematic
approach to anticipating issues as an aid in problem solving.
CROMBAG, H.F.M., J.L. DE WIJKERSLOOTH and E.H. VAN TUYL VAN
SEROOSKERKEN.
On Solving Legal Problems, 27 J. Legal Educ. 168 (1975).
Training students to solve legal problems is an essential part of legal education. "The purpose of
this paper is to use the research on problem-solving which has been conducted by experimental
psychologists to develop a working program for helping students learn to solve legal problems." (p. 168)
Includes various flow charts on problem solving.
DAVIDOW, Robert P. Teaching Constitutional Law and Related Courses Through Problem-Solving and
Role-Playing, 34 J. Legal Educ. 527 (1984)
Davidow describes the use of learning theory in problem solving and role playing. He includes
some of the clinical vignettes he has used in his constitutional law course.
DOMINGUEZ, David. Negotiating Demands for Justice: Public Interest Law as a Problem Solving
Dialogue, 15 In Pub. Interest 1 (1996-97)
A dialogue between a professor and a 1L over a public interest course requirement leads to a
discussion of public interest law as a vehicle for solving societal problems.
HESS, Gerald F. The Legal Educator's Guide to Periodicals on Teaching and Learning, 67 UMKC L.
Rev. 367 (1998).
Hess reviews 21 journals and newsletters to "make education periodical literature more accessible
to law teachers." (p. 367)
HOUSEMAN, Alan W. Civil Legal Assistance for the Twenty-First Century: Achieving Equal Justice for
All, 17 Yale L. & Pol'y Rev. 369 (1998).
Houseman believes that in order to provide effective assistance, the civil legal assistance program
needs "new techniques for advocacy, new substantive strategies, new capacities, a broader range of
services, and new forms of interprofessional cooperation." (p. 433)
KAPLIN, William A. Problem Solving and Storytelling in Constitutional Law Courses, 21 Seattle
U.L.
Rev. 885 (1998) (reviewing Daniel A. Farber, et al. Constitutional Law: Themes for the
Constitution's Third Century (1993)).
Kaplin discusses his use of problem solving and storytelling in teaching constitutional law, with
particular emphasis on his use of Farber et al's casebook.
KAYE, Judith S. Lawyering for a New Age, 67 Fordham L. Rev. 1 (1998).
Judge Kaye discusses the New York State Drug Treatment Courts' move away from "a purely
process-driven model of criminal adjudication to a problem-solving model." (p. 5) This approach requires
new-age lawyers to "think creatively about the best way to solve a client's problem." (p. 9)
KOHMAN, Paulette. An Interest-Based Approach to Practicing Law, 23 Mont. Law. 17 ( Jan. 23,1998).
Kohman explores the growing use of an interest-based approach to solving a client's
problems. "An 'interest-based approach' simply means the lawyer looks at all the clients' interests [some
legal, some not] before taking action or recommending a legal approach." (p. 18) The best solution is one
that best satisfies the interests of all the parties involved.
KURTZ Suzanne, et al. Problem-Based Learning: An Alternative Approach to Legal Education, 13
Dalhousie L.J. 797 (1990).
The authors discuss problem-based and reiterative problem-based learning in the law school
context as one method of encouraging the development of problem-solving skills.
LAFLIN, Maureen E. Toward the Making of Good Lawyers: How an Appellate Clinic Satisfies the
Professional Objectives of the MacCrate Report, 33 Gonz. L. Rev. 1 (1997/98).
This article contains a short section (p. 19-22) on how an appellate clinic can foster problem-solving skills.
KASH, Karen A., Pauline GEE and Laurie ZELON. Equal Access to Civil Justice: Pursuing Solutions
Beyond the Legal Profession, 17 Yale L. & Pol'y Rev. 489 (1998).
Focusing on the access to civil justice in California (particularly the California Commission on
Access to Justice), the authors expand on their belief that "we must broaden responsibility and
accountability for equal access to civil justice beyond the legal profession to involve the entire community."
(p. 494)
LERNER, Alan M. Law & Lawyering in the Work Place: Building Better Lawyers by Teaching Students
to Exercise Critical Judgment as Creative Problem Solver, 32 Akron L. Rev. 107 (1999).
Lerner describes the evolution of a course developed in collaboration with Prof. Susan Sturm to
"support students learning to think of their role as lawyers in terms broad enough to encompass not only
the vigorous, tough-minded, persistent litigator/negotiator, but also the creative solver of complex
problems." (p. 109)
LUSTBADER, Paula. Construction Sites, Building Types, and Bridging Gaps: A Cognitive Theory of the
Learning Progression of Law Students, 33 Willamette L. Rev. 315 (1997).
The author discusses the learning progression of law students using metacognition theory, schema
theory, expert/novice theory and instructional theory.
MACFARLANE, Julie. Assessing the "Reflective Practitioner": Pedagogic Principles and Certification
Needs, 5 Int'l J. Legal Prof. 63 (1998).
Reflective practitioners are responsive to change, flexible in their practices and emphasize
professional self-growth. They are responsive to the context of the problems they face. The author
examines whether the assessment choices and their implementation in legal education are responsive to the
professional imperative of the reflective legal practitioner.
MATAYOSHI, Coralie C. Reinventing our Profession - Attorneys as Caring Problem Solvers, Hawaii
Bar Journal 4 (May 2,1998).
This short opinion piece by the Executive Director of the Hawaii State Bar Association urges
lawyers to help clients solve their problems using a variety of mechanisms, including the courtroom and
alternative dispute resolution.
MCDONNELL, Thomas Michael. Playing Beyond the Rules: A Realist and Rhetoric-Based Approach
to Researching the Law and Solving Legal Problems, 67 UMKC L. Rev. 285 (1998).
McDonnell believes that legal research instruction "has focused almost entirely upon finding out
the relevant published law" (p. 288) (realism) but ignored "rhetoric" which could provide information about
the people who play the roles in a lawsuit "and the informal rules and practices that help determine the
outcome". ( p. 288) This inhibits problem solving at all levels of lawyering. In Part III, the author presents
a comprehensive legal problem solving model that integrates "rhetoric" research with traditional research.
MCKENZIE, Sandra Craig. Storytelling: A Different Voice for Legal Education, 41 U. Kan.
L.Rev. 251
(1992).
"Lawyers are storytellers, using stories as a means of solving problems for clients." (p. 251)
The author feels legal education has failed to recognize this role and offers suggestions for bringing this skill
into the classroom.
MENKEL-MEADOW, Carrie. The Silences of the Restatement of the Law Governing Lawyers:
Lawyering as Only Adversary Practice, 10 Geo. J. Legal Ethics 631 (1997).
The author critiques the Restatement of the Law Governing Lawyers' focus on lawyers as
litigators. Of particular interest is Part III, The Possible Architecture of Some Restatement of the Law
Governing Lawyers Engaged in ADR: The Lawyer as Third-Party Neutral or Problem Solver (of Non- or
Less Adversarial Lawyering).
MENKEL-MEADOW, Carrie. Taking Problem-Solving Pedagogy Seriously: A Response to the
Attorney General, 49 J. Legal Educ. 14 (1999).
Menkel-Meadow responds to Attorney General Janet Reno's challenge to law schools to educate
problem solvers (49 J. Legal Educ. 5 (1999)) by suggesting briefly some ways to teach problem solving
without expensive legal education reform.
MITCHELL, John B. Current Theories on Expert and Novice Thinking: A Full Faculty Considers the
Implications for Legal Education, 39 J. Legal Educ. 275 (1989).
Mitchell makes suggestions on how to improve law school pedagogy through the use of schema
and expert/novice theory.
RENO, Janet. Law Day 1997 : A Legacy of Public Service, 26 Cap.
U.L. Rev. 227 (1997).
Reno's essay contains the substance of her remarks at Capitol University on May 1, 1997
emphasizing the attorney's role as problem solver. "Become known for your ability to solve your clients'
problems the right way, consistent with the law." (p. 227)
RENO, Janet. Lawyers as Problem-Solvers: Keynote Address to the AALS, 49 J. Legal
Educ. 5 (1999).
Reno urges all law schools to commit themselves to educating lawyers who will be problem-solvers.
"Neither the institutions nor the practitioners of the law can function in ways that are isolated from the
everyday experience of the people. The lawyer must serve the people and solve their problems...." (p. 6)
SILLS, David G. Challenges of the Legal Profession in the Next Century, 24 W. St. U. L. Rev. 217
(1997).
In a speech given at the Western State University College of Law Awards Banquet on April 18,
1997, Justice Sills reminds students that legal education provides a foundation for solving not only legal
problems, but also social, economic and political problems. He stresses that the lawyers first duty is to
solve the problem and that "commencement of litigation is a concession of defeat and acknowledgment of
failure to solve the problem at hand." (p. 219)
SMITH, Steven R. From Law and Bananas to Real Law: A Celebration of Scholarship in Mental Health
Law, 34 Cal. W. L. Rev. 1 (1997).
In this essay published as the introductory essay in the Symposium: Law and Psychology, Smith
states that mental health law has given insufficient attention to "a bundle of topics I refer to as 'creative
problem solving' in mental health law...." (p. 2) This lack of attention presents a research opportunity and
challenge for the 21st century.
SOANES, Marcus . Flexible Paradigms and Slim Course Design: Initiating a Professional Approach to
Learning Advocacy Skills, 5 Clinical L. Rev. 179 (1998).
Soanes describes the Bar vocational course in England which emphasizes the "do how" skills,
including the intellectual skills of problem solving.
STRONG, Graham B. The Lawyer's Left Hand: Nonanalytical Thought in the Practice of Law, 69 U.
Colo. L. Rev. 759 (1998).
This article discusses the role of non-analytical processes of thought (left hand) as an important tool
"in the creative generation of hypotheses in the legal problem-solving process." (p. 775). The author
postulates that thinking like a lawyer means more than just thinking analytically, but also involves
comprehension of the use of telling stories, which requires the use of non-analytical skills.
TORRES, Arturo L. MacCrate Goes to Law School: An Annotated Bibliography of Methods for
Teaching Lawyering Skills in the Classroom ,77 Neb. L. Rev. 132 (1998).
"This [annotated] bibliography compiles those law review articles that explore the teaching of
lawyering skills in the traditional, non-skills oriented law courses." (p. 133) The articles are organized by
the skills listed in the MacCrate Report.
WANGERIN, Paul T. Learning Strategies for Law Students, 52 Alb. L. Rev. 471 (1998).
The author feels legal educators not only disregard learning theory, "they positively disdain it" (p.
472) He discusses several studying and learning strategies (among which is problem solving) in the context
of metacognition, which is the awareness by the learner of the learning process itself while learning.
WEINSTEIN, Ian. Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving,
23 Vt. L. Rev. 1 (1998).
The author reports the results of a study using the cognitive science human problem solving model
to analyze legal thinking. Pt. 1 discusses problem solving at the beginning of a case and presents the human
problem solving model. Pt. II discusses the application of the model as a framework for studying problem
solving in the law. Pt. III presents the results of the study, including distinctions in problem-solving abilities
between experts and novices. Pt. IV argues that while legal educators can set up conditions under which
students can develop lawyerly thinking, they cannot teach students to think like lawyers.
WEINSTEIN, Janet. Coming of Age: Recognizing the Importance of Interdisciplinary Education in Law
Practice, 74 Wash. L. Rev. 319 (1999).
"In an increasingly complex world, lawyers will need to expand their traditional approaches to
problem solving if they are to be of real service to their client." (p. 319) In order to do so, they will need
to work with professionals in other disciplines. Interdisciplinary education emphasizes training students to
be creative problem solvers in the interdisciplinary world. "The ability to collaborate with professionals
from other disciplines is an important aspect of creative problem solving." (p. 319)
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