Clark Freshman

Professor Clark Freshman was a professor of law at the University of Miami from 1995 until 2007 before joining the UC Hastings faculty in 2007. He received his B.A. from Harvard, where his senior thesis facilitated a pardon in the infamous Leo Frank case, an M.A. from University College, Oxford, where he was a Marshall Scholar, and a J.D. from Stanford Law School. He clerked for Judge William Norris of the Ninth Circuit and practiced appellate and entertainment dispute resolution with Manatt Phelps in Los Angeles for several years. He is also a mediator, negotiation trainer, and expert witness on arbitration. He has been an invited speaker on negotiation at many law schools, including Harvard, Yale, and UCLA. His work has appeared in law reviews at Harvard, Stanford, Cornell, and elsewhere.

Professor Freshman’s scholarship and teaching focuses primarily on dispute resolution, including law and psychology, the effect of emotion on dispute resolution, lie detection, and emotional skills. In collaboration with Paul Ekman, the scientific advisor to Fox’s Lie to Me, Professor Freshman trains lawyers and negotiators in lie detection and emotional skills worldwide. Professor Freshman also works with the Center for Contemplative Mind to promote meditation and other contemplative practices among lawyers and law students. His scholarship addresses the relationship between different forms of discrimination in law and social science, including both the role of discrimination in negotiation, proof of discrimination, and ways to prevent negotiation and promote acceptance.

In his spare time, Professor Freshman enjoys all kinds of yoga, weightlifting, meditation, in-line skating, travel, movies and any opportunity to visit the beach or other water with and without his Tibetan terrier, Tara.

Expertise

• ALTERNATIVE DISPUTE RESOLUTION
• LIE DETECTION AND DECEPTION

Selected Scholarship

• Mindful Judging 1.5: The Science of Attention, "Lie Detection," and Bias Reduction - With Kindness
  2016, Journal of Dispute Resolution

• Lie Detection and the Negotiation Within
  2011, Harvard Negotiation Law Review

• Yes, And: Core Concerns, Internal Mindfulness, and External Mindfulness for Emotional Balance, Lie Detection, and Successful Negotiation
  2010, Nevada Law Journal

• Lawyer-Negotiator as Mood Scientist: What We Know and Don't Know about How Mood Relates to Successful Negotiation, The
  2002, Journal of Dispute Resolution

• Adapting meditation to promote negotiation success: A guide to varieties and scientific support
  2002, Harvard Negotiation Law Journal

• Whatever Happened to Anti-Semitism-How Social Science Theories Identify Discrimination and Promote Coalitions between Different Minorities
  2000, Cornell Law Review

• Privatizing Same-Sex Marriage through Alternative Dispute Resolution: Community-Enhancing versus Community-Enabling Mediation
  1997, UCLA Law Review