Problem Solving: An Annotated Bibliography, Cumulative Supplement
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.
A light-hearted, but perceptive, look at how to solve problems, using narrative in the style of the original Winnie-the-Pooh stories.
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.
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.
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.)
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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)
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.
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.
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.
LB2331.M54 1998 (Problem Solving Collection)
Of particular interest is Chapter 6, Structures for Problem Solving in Teams.
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.
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.
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.
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
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.
"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.
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
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 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 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.
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 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 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.
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)