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Bio

Professor Nelken attended Brandeis ¾«¶«Ó°Òµ, B.A. (1965), Harvard ¾«¶«Ó°Òµ, M.A. (1967), and the ¾«¶«Ó°Òµ of Michigan, J.D. (1974). She cofounded and was the Faculty Chair of the UC Law SF Center for Negotiation and Dispute Resolution (CNDR). She is the author and coauthor of books and articles on negotiation, and has taught both trial advocacy and negotiation in continuing legal education programs around the country. A practicing psychoanalyst for over 20 years, she has also written on attorney sanctions and on the psychotherapist-patient privilege in federal court.

Professor Nelken lives in Berkeley with her husband, a UC Berkeley professor, and has three adult daughters.

Scholarship

Books

Ìý(LexisNexis 2007).

Ìý(Anderson Pub. Co. 2001).

Ìý(Anderson Pub. Co. 1998) (with David I. Levine & Donald L. Doernberg).

Ìý(ABA 3d ed. 1992) (editor).

Ìý(Nat’l Institute for Trial Advocacy 3d ed. 1986) (with Mark Schoenfield, Anthony Bocchino, & Thomas Geraghty) (with Teachers’ Manual).

NITA Teacher Training Program MaterialsÌý(National Institute for Trial Advocacy 1985) (with K. Broun, U. Lester & J. Seckinger).

Problems and Cases in Interviewing, Counseling and NegotiationÌý(Nat’l Institute for Trial Advocacy 2d ed. 1983) (with Mark K. Schoenfield).

Ìý(Nat’l Institute for Trial Advocacy 1982) (with Mark K. Schoenfield) (with Teachers’ Manual).

Journal Articles

Negotiating Classroom Process: Lessons from Adult Learning, 25ÌýNegotiation J.Ìý181 (2009).Ìý

The Myth of the Gladiator and Law Students’ Negotiation Styles, 7ÌýCardozo J. Conflict Resol.Ìý1 (2005).Ìý

Psychotherapist–Patient Privilege in Federal Court, 11ÌýJ. Calif. Alliance Ment. IllÌý76 (2000).

The Limits of Privilege: The Developing Scope of Federal Psychotherapist-Patient Privilege Law, 20ÌýRev. Litig.Ìý1 (2000).Ìý

Negotiation and Psychoanalysis: If I’d Wanted to Learn About Feelings, I Wouldn’t Have Gone to Law School, 46ÌýJ. Legal Educ.Ìý420 (1996).Ìý

Has the Chancellor Shot Himself in the Foot? Looking for a Middle Ground on Rule 11 Sanctions, 41ÌýHastings L.J.Ìý383 (1990).Ìý

The Impact of Federal Rule 11 on Lawyers and Judges in the Northern District of California, 74ÌýJudicatureÌý147 (1990).Ìý

One Step Forward, Two Steps Back: Summary Judgment afterÌýCelotex, 40ÌýHastings L.J.Ìý53 (1988).Ìý

Sanctions Under Amended Federal Rule 11—Some “Chilling” Problems in the Struggle Between Compensation and Punishment, 74ÌýGeo. L.J.Ìý1313 (1986).Ìý

Chapters In Books

Evaluating Email Negotiations, inÌýAssessing Our Students, Assessing Ourselves: Volume 3 in the Rethinking Negotiation Teaching Series 205 (Noam Ebner, James Coben & Christopher Honeyman eds., DRI Press 2012).

If I’d Wanted to Teach About Feelings, I Wouldn’t Have Become a Law Professor, inÌýVenturing Beyond the Classroom: Volume 2 in the Rethinking Negotiation Teaching Series 357 (Christopher Honeyman, James Coben & Giuseppe De Palo eds., DRI Press 2010) (with Andrea Kupfer Schneider & Jamil Mahuad).

Negotiating Learning Environments, inÌýRethinking Negotiation Teaching: Innovations for Context and Culture 199 (Christopher Honeyman, James Coben, & Giuseppe De Palo eds., DRI Press 2009) (with Bobbi McAdoo & Melissa Manwaring).

IntroductionÌýtoÌýSANCTIONS: RULE 11 AND OTHER POWERSÌý1 (ABA 3d ed. 1992).Ìý

U.S. Supreme Court, inÌýSanctions: Rule 11 And Other PowersÌý9 (ABA 3d ed. 1992).Ìý

Book Reviews

Book Review, 5ÌýPsychoanalytic BooksÌý___ (1994) (reviewingÌýGlen O. Gabbard, Sexual Exploitation in Professional Relationships (1989)).

Book Review, 5ÌýPsychoanalytic BooksÌý___ (1994) (reviewingÌýK.R. Eissler, Three Instances of Injustice (1993)).

Education

• Brandeis ¾«¶«Ó°Òµ
  B.A. 1965

• Harvard ¾«¶«Ó°Òµ
  M.A. 1967

• ¾«¶«Ó°Òµ of Michigan
  J.D. 1974