Psychology
for Lawyers
mindfulness
Preface
"Positive psychology, the science of well-being
and strengths, is the fastest growing branch of psychology, offering
an optimal home for the research and application of mindfulness."
--Mindfulness in Positive Psychology: The Science of Meditation
and Wellbeing <website of Tom Lomas> Lomas is the co-editor
of Mindfulness in Positive Psychology (Routledge, 2016)
"Positive psychology has integrated, more or less clearly, contemplative
practices such as mindfulness within the range of grounded and empowering
techniques of the positive aspects of being human."
--A. Cebolla, et.al., Ccontemplative Positive Psychology:
Introducing Mindfulness into Positive Poshchology, 38 (1) Paychologists
Papers 12 (2017) [online
text]
"People have in their repertoires thousands
of ''scripts' for talk or behavior that they act out when they are
cued by something familiar. The array of behavior people can carry
out without thinking is enormous."
--Philip J. Hilts, "Scientist at Work: Ellen J. Langer; A
Scholar of the Absent Mind," New York Times, Sept.
23, 1997
"Broadly conceptualized, mindfulness has been
described as a kind of nonelaborative, nonjudgmental, present-centered
awareness in which each thought, feeling, or sensation that arises
in the attentional field is acknowledged and accepted as it is . .
. . In a state of mindfulness, thoughts and feelings are observed
as events in the mind, without over-identifying with them and without
reacting to them in an automatic, habitual pattern of reactivity.
This dispassionate state of self-observation is thought to introduce
a 'space' between one's perception and response. Thus mindfulness
is thought to enable one to respond to situations more reflectively
(as opposed to reflexively)."
--Scott R. Bishop, et.al., Mindfulness: A Proposed Operational
Definition, 11 (3) Clinical Psychological: Science & Practice
231, 231 (2004)
"Psychotherapists are in the business of alleviating
emotional suffering. Suffering arrives in innumerable guises: stress,
anxiety, depression, behavior problems, interpersonal conflict, confusion
despair. It is the common denominator of all clinical diagnoses and
is endemic to the human condition. Some of our suffering is existential,
such as sickness, old age and dying. Some suffering has a more peronal
flavor. The cause of our individual difficulties may included past
condition, present circumstances, genetic predisposition, or any number
of interacting factors."
--Christopher Germer, What Is Mindfulness? Insight
J. 24 (Fall, 2004)
"We live in a stream of events. Something new
happens to us every day, but most of us are so caught up in routine
that we don't even notice. Consciousness is the result of observing
and reflecting on events instead of simply reacting to them. Routine
especially gets in the way of being conscious. We can sleepwalk through
life . . . ."
--Daryl Sharp, Jungian Psychology Unplugged: My Life as an
Elephant 129 (Toronto: Inner City Books, 1998)
Readings
Ellen J. Langer, Mindful Learning, 9 (6) Current Directions in Psychological
Science 220 (2000) [online
text]
Ronald D. Siegel, Christopher K. Germer & Andrew Olendzki, "Mindfulness:
What Is It? Whered Does It Come From?" in Fabrizio Didonna (ed.),
Clinical Handbook of Mindfulness 17-35 (New York: Springer, 2008)
[online
text] [online text has a different pagination]
Class Videos
Class Viewing 1: Let's
Talk about Mindfulness: An Interview [11:21
mins.] [commentary on "well-being" (a general state of engagement)]
[end in-class presentation at 6:32 mins.] [Ellen Langer is a Professor
of Psychology at Harvard University, and the author of Mindfulness
(1990), The Power of Mindful Learning (1998), and On
Becoming an Artist (2006)]
Class Viewing 2: Mindfulness
over Matter [22:20 mins.] [end in-class presentation
at 12:18 mins.] [Ellen Langer]
Class Viewing 3: Mindfulness
Based Stress Reduction with Dr. Heidi Walk
[29:32 mins.] [class presentation begins at 5:21 mins., ends at 10:18
mins.] [Heidi Walk is a Toronto-based physician psychotherapist and
certified yoga instructor] [Heidi Walk outlines Jon Kabat-Zinn's approach
to mindfulness defining mindfulness as the practice of paying attention,
on purpose, in the present, in a non-judgmentnal way.]
Class Viewing 4: Len
Riskin Talks about His Approach to Mindfulness Meditation [9:41
mins.] [in class presentation breaks at 3:16 mins., and resumes at
5:11 mins.]
Class Viewing 5: FloridaBarNews.TV
Update: The Mindful Lawyer [1:25 mins.]
Class Viewing 6: Dan
Harris: How I Went from Skeptic to Meditator
[7:00 mins.] [Harris turns to meditation was prompted by a panic attack]
Why Mindfulness
Is the New Superpower [3:21 mins.]
Class Viewing 7: Stopping
the World [9:29 mins.] [Gary Starnes] [Gerry
Starnes is an Austin, Texas shamanic practitioner and teacher] [Starnes
Starnes addresses the internal dialog, the incessant internal chatter
that most people experience] [class presentation begins at 1:06 and
ends at 6:28 mins.]
Supplemental Reading
Christopher Germer, What Is Mindfulness? Insight J. 24 (Fall, 2004)
[online
text]
A. Cebolla, et.al., Contemplative Positive Psychology: Introducing
Mindfulness into Positive Psychology, 38 (1) Psychologist Papers 12
(2017) [online
text]
Scott R. Bishop, et.al., Mindfulness: A Proposed Operational
Definition, 11 (3) Clinical Psychological :Science & Practice
231 (2004) [online
text] [Note: read pp. 230-234]
R. Lisle Baker & Daniel P. Brown, On Engagement: Learning to
Pay Attention, 36 UALR L. Rev. 337 (2014) [online
text]
Reference (Ellen Langer)
Explaining
Mindfulness
[11:30 mins.] [comment on the relationship of her work to positive
psychology begins at 4:58 mins., ends at 5:58 mins.] [for fuller presentation
of the video begin at 0:46 mins., end at 7:08 mins.]
Ellen Langer
on Mindfulness
[5:04 mins.]
Ellen Langer
Explains How She Took Up Her Work on Mindlessness
[9:30 mins.] Pt2
[9:30 mins.] Pt3
[8:55 mins.]
Ellen
Langer on Stress
[2:48 mins.] [commenting on mindlessness]
Counterclockwise:
The Power of Possibility
[25:33 mins.]
Counterclockwise
[8:28 mins.] Pt2
[6:26 mins.] Pt3
[8:18 mins.]
Why
Mindfulness Should Be Part of Your Life
[11:17 mins.]
The Psychology
of Luck
[16:28 mins.]
Mindfulness
and the Psychology of Possibility
[1:17:52 mins.] [poor video quality]
Mindfulness
as a Way of Being
[48:08 mins.] [lecture] [poor video quality]
Mindfulness
and Leadership
[49:35 mins.] [speaking at the ADC Future Summit,
Melbourne, Australia]
Mindful Learning
and the Power of Possibility
[36:20 mins.] [podcast]
Mindfulness
and the Psychology of Possibility
[1:17:52 mins.]
The Lawyer's
Brain on Meditation: Insights from Neuroscience
[52:01 mins.] [a presentation by Emiliana
Simon-Thomas, a neuroscientist]
Mindfulness:
On Our Mind
[14:11 mins.] [Steve Hickman, Executive Director
of the UC San Diego Center for Mindfulness joins William Mobley,
UC San Diego Department of Neurosciences, for a discussion of
how to be present in the moment and leverage the practice of mindfulness
to stay engaged, focused, and fulfilled.] [useful video for in-class
presentation]
Becoming
Conscious: The Science of Mindfulness
[1:14:21 mins.] [Neuroscientists Richard
Davidson & Amishi Jha join Jon Kabat-Zinn]
Dan
Siegel: Discussing the Science of Mindfulness
[21:10 mins.]
Ron Siegel:
The Science of Mindfulness
[1:05:49 mins.]
Cognitive
Neuroscience of Mindfulness Meditation
[48:53 mins.] [Philippe Goldin, Clinically
Applied Affective Neuroscience, Stanford]
How Meditation
Can Reshape Our Brains
[8:33 mins.] [Sara Lazar is a neuroscientist]
[TED Talk]
The Science
of Mindfulness
[1:06:03 mins.] [lecture, Mark Williams,
Oxford University professor]
Understanding
the Neurobiological Mechanisms of Mindfulness
[49:22 mins.]
Cognitive
Neuroscience of Mindfulness Meditation
[48:53 mins.]
Reference (Introductions to Mindfulness & Meditation)
Mindfulness
in Dialectical Behavior Therapy
[3:00 mins.] [Marsha Linehan]
A Very
Short Introduction to Mindfulness
[4:05 mins.] [animation]
How Mindfulness
Empowers Us: An Animation Narrated by Sharon Salzberg
[2:21 mins.]
Meditation
for Beginners: Featuring Dan Harris & Sharon Salzberg
[6:37 mins.]
Why Aren't
We Teaching You Mindfulness
[14:26 mins.] [AnneMarie Rossi] [TED Talk]
Meditation:
Change Your Mind, Change Your Life
[12:07 mins.] [Bodhin Kjolhed] [TED Talk]
[focus on Zen meditation]
Don't Try
to be Mindful
[11:59 mins.] [Daron Larson]
Debunking
the 5 Most Common Meditation Myths
[17:48 mins.] [Light Watkins]
A Cautionary Note
Jordan
Peterson Q & As
[59:35 mins.] [Peterson comments briefly
on the question: Is mindfulness really beneficial or is it just
a trend?] [Peterson's comment begins at 11:29 and ends at 12:12
mins.] [Jordan Peterson is so extremely intelligent on matters
of psychology that I find it surprising that he is so dismissive
of mindfulness.] [streamed live on July 21, 2016]
On Mindfulness
[0:42 mins.]
Reference Videos
Fearless
at Work: Michael Carroll
[2:22 mins.] [author of Awake at Work,
The Mindful Leader]
Introduction
To Mindlessness and Meditation
[32:33 mins.]
Stopping
the World
[9:29 mins.] [Gerry Starnes] [on the practice
of being present in the moment; stopping the ceaseless internal
chatter]
Mindfulness
Discussion: Fleet Maull and Richie Davidson
[1:45:50 mins.] [Fleet Maull and Richard Davidson
discuss mindfulness-based emotional intelligence at a University
of Wisconsin Health Integrative Medicine event in October, 2016.]
[Maull's presentation begins at 5:08 mins.]
This Will
Also Pass: An Interview with a Mindfulness Teacher
[21:18 mins.] [Andries J Kroese, professor
of vascular surgery and mindfulness teacher]
Our
Ego Makes it Difficult to Experience Present Moment Awareness
[4:59 mins.]
Why Meditate?
[1:01 mins.] [Dalai Lama]
Contemplative
Science and the Upper Limits of Human Potential
[2:00 mins.] [Daniel Goldman]
Mindfully Managing
Stress
[7:52 mins.] [Ronald Alexander]
Can Mindfulness
Increase Our Resilience to Stress?
[6:18 mins.] [Richard J. Davidson]
Focus: The Secret
to High Performance and Fulfillment
[1:18:17 mins.] [Daniel Goldman]
The Mindful Way
through Depression
[18:04 mins.] [Zindel Segal]
Process
Psychology and Your Dream Body
[6:19 mins.] [Arnold Mindell] [Thinking Allowed
with Jeffrey Mishlove]
Mindfulness &
Psychotherapy
[9:57 mins.] [a Buddhist perspective]
Mindfulness in
Education, Learning from the Inside Out
[12:48 mins.] [Amy Burke]
A Guided Meditation
[8:05 mins.] [Jenn Fairbank]
Mark Williams
Mark Williams
on Mindfulness
[54:49 mins.]
Mindfulness-Based
Cognitive Therapy and Depression
[11:03 mins.]
Mindfulness
Applications for Depression
[19:28 mins.]
Mindfulness:
Mark Williams Lecture
[1:06:02 mins.]
Mindfulness
for Life
[1:22:17 mins.]
Finding
Peace in a Frantic World
[1:28:36 mins.]
Interview
on Mindfulness
[21:38 mins.] [radio interview]
Diana Winston
Diana Winston:
The Practice of Mindfulness
[17:18 mins.] [TED Talk]
Introduction
to Mindful Awareness
[1:16:00 mins.] [Diana Winston, UCLA]
Diana Winston Exercises
Breathing
Meditation
[5:00 mins.] [audio]
Relaxation
Meditation
[3:06 mins.]
Bringing
your Attention into your Body and Feeling
[2:15 mins.]
Loving
Kindness
[4:56 mins.]
Guided Breathing
Meditation
[10:51 mins.] [Kim Eng]
Reference (Mindfulness & Lawyers: Charles Halpern)
Mindfulness is
Growing in the Legal Field
[15:34 mins.]
Building Mindfulness
in a Law Program
[28:41 mins.]
On Empathy, Meditation,
Barrack Obama, Justice and Law
[39:04 mins.]
Mindfulness in
Law
[14:20 mins.] Pt2
[14:58 mins.] Pt3
[14:22 mins.] Pt4
[14:02 mins.] Pt5
[14:50 mins.] Pt6
[14:13 mins.] Pt7
[12:02 mins.]
Workshop on Mindfulness
in Law at University of Amsterdam Faculty of Law
[1:56:41 mins.] [Halpern's presentation begins
at 2:23 mins.]
Reference (Mindfulness & Lawyers)
Len Riskin on
His Turn to Mindfulness Practices [9:18 mins.]
[begin class presentation at 1:10 mins.; end the presentation at 4:28
mins.]
Len Riskin: Mindfulness
in Alternative Dispute Resolution
[22:36 mins.] [Riskin talks about his first days
in humanistic legal education and mediation]
Mindfulness in
Legal Education
[1:05:39 mins.] [2013 Workshop on Mindfulness in
Legal Education students and recent graduates discuss their perspectives
on mindfulness courses]
Bringing Mindful
Awareness into the Law School
[56:37 mins.] [Scott Rogers with Barbara Bernier,
Todd Peterson, Michael Goldman] [panel discussion]
Mindfulness
and the Practice of Law
[6:26 mins.] [Rebecca Baird]
Mindfulness for
Lawyers
[13:08 mins.] ["cutting out the noise"]
Mindful
Lawyer Conference Videos (2010)
The Case for
Mindfulness and Wisdom in Law
[1:36:01 mins.] [Jack Kornfield]
The Art and Science
of Mindfulness in Law
[1:01:43 mins.] [presentation by Shauna Shapiro]
The Lawyer's
Brain on Meditation: Insights from Neuroscience
[52:00 mins.] [poor quality video]
Mindfulness for
Lawyers
[1:02:58 mins.]
Mindfulness for
Lawyers
[1:02:59 mins.] [Will Kabat-Zinn]
Mindfulness for
Lawyers
[13:09 mins.] [dealing with "internal noise"]
Jeena Cho: Lawyer
and Author of The Anxious Lawyer (ABA,2016)
[2:46 mins.] [finding your "authentic" self]
Reference (Mindfulness & Lawyers: Scott Rodgers)
Mindfulness for
Lawyers: An Introduction
[8:14 mins.]
Advice for a
Stressed Out, Overworked Young Lawyer
[2:30 mins.]
How Does "Thinking
Like a Lawyer" Affect Stress?
[5:31 mins.]
How Busy Lawyers
Can Practice Mindfulness to Reduce Stress
[5:13 mins.]
Practicing Mindfulness
During a Busy and Stressful Workday
[4:32 mins.]
How Lawyers Can
Take Care of Their Mind and Body for Optimal Performance
[5:24 mins.]
Scott Rogers on
Mindfulness and Law
[9:51 mins.] Pt2
[9:06 mins.] Pt3
[9:59 mins.] Pt4
[9:59 mins.]
Mindfulness &
Neuroscience for Lawyers
[4:57 mins.] [2009, Florida Bar Convention] Pt2
[7:17 mins.]
Mindfulness and
Stress Reduction
[6:14 mins.]
Train Yourself
to Be Mindful
[4:55 mins.]
Open Monitoring
Practice
[5:59 mins.]
Reference (Mentalization)
What Is Mentalization?
[20:00 mins.] [Peter Fonagy]
What is Mentalizing
& Why Do It
[10:59 mins.] [Jon G. Allen] [relates the concept
to mindfulness]
Mindfulness & Gestalt Therapy
"Gestalt therapy focuses on process (what is actually happening)
over content (what is being talked about). The emphasis is on what is
being done, thought, and felt at the present moment . . . rather than
on what was, might be, could be, or should have been. Gestalt therapy
is a method of awareness practice (also called "mindfulness" in other
clinical domains), by which perceiving, feeling, and acting are understood
to be conducive to interpreting, explaining, and conceptualizing . .
. . This distinction between direct experience versus indirect or secondary
interpretation is developed in the process of therapy. The client learns
to become aware of what he or she is doing and that triggers the ability
to risk a shift or change." —Gestalt
Therapy, Wikipedia
"Focus on 'Here and Now': Gestalt therapy places emphasis on the
current content of a situation in addition to the process of the circumstance
as it unfolds. Rather than forming conjectures or assumptions as to
the unknown, this method involves staying in the present and becoming
aware of the feelings and emotions associated with the moment. Gestalt
therapy teaches the client how to define what is truly being experienced
versus what is merely an interpretation of the events. When the client
becomes fully aware of this difference, he or she is able to identify
the patterns and behaviors that need to be changed." —Gestalt
Therapy, Goodtherapy.org
Fritz Perls & Gestalt Therapy
[collected web resources]
Reference (Articles & Book Chapters)
Leonard L. Riskin, The Contemplative Lawyer: On the Potential Contributions
of Mindfulness Meditation to Law Students, Lawyers, and Their Clients,
7 Harv. Negotiation L. Rev. 1 (2002) [online
text]
______________, "Awareness in Lawyering: A Primer on Paying Attention,"
in Marjorie Silver (ed.), The Affective Assistance of Counsel: Practicing
Law as a Healing Profession 447-471 (Durham, North Carolina: Carolina
Academic Press, 2007)
Colin James, Law Student Wellbeing: Benefits of Promoting Psychological
Literacy and Self-Awareness Using Mindfulness, Strengths Theory and
Emotional Intelligence, 21 Legal Educ. Rev. 217 (2011) [online
text]
David M. Zlotnick, Integrating Mindfulness Theory and Practice into
Trial Advocacy, 61 J. Legal Educ. 654 (2012) [online
text]
Scott L. Rogers, The Mindful Law School: An Integrative Approach to
Transforming Legal Education, 28 Touro L. Rev. 1189 (2012) [online
text]
Daved Barry & Stefan Meisiek, Seeing More and Seeing Differently:
Sensemaking, Mindfulness, and the Workarts, 31 (12) Organizational Stud.
1 (2010) [online
text]
Jan L. Jacobowitz & Scott L. Rogers, Mindful Ethics: A Pedagogical
and Practical Approach to Teaching Legal Ethics, Developing Professional
Identity, and Encouraging Civility, 4 St. Mary's J. Legal Malpractice
& Ethics (2014) [online
text]
Rhonda V. Magree, Educating Lawyers to Meditate? From Exercises to
Epistemology to Ethics: The Contemplative Practice and Law Movement
in Legal Education Reform, 79 UMKC L. Rev. 535 (2011)
Nathalie Martin, Think Like a (Mindful) Lawyer: Incorporating Mindfulenss
Professional Identity, and Emotional Intelligence into the First Year
Law Curriculum, 36 U. Ark. Little Rock L. Rev. 413 (2014)
Misc.
Edith K. Ackermann, The Craftsman, The Trickster, and The Poet: "Re-Souling"
the Rational Mind (2011) [online
text] [audio
lecture version of the essay :: 25:29 mins.]
Natalie Faria, Positive Psychology and Student Success: How Flow, Mindfuleness,
and Hope are Related to Happiness, Relationships, and GPA [online
text]
An Adjunct to Mindfulness: Paying Attention
Lisle Baker & Daniel P. Brown, On Engagement: Learning to Pay Attention,
U. Ark. Little Rock L. Rev. 337 (2014) [online
text]
Reference (Ellen Langer)
Ellen J. Langer, Mindfulness (Reading, Massachusetts:
Addison-Wesley Publ. Co., 1989)
___________, The Power of Mindful Learning (Boston, Massachusetts:
De Capo Press, 1998)
Contact Professor Elkins
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