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.
Areas of Expertise (11)
Emotion and Law
Law and Psychology
Civil Rights Law
Stanford Law School: J.D. (With Distinction), Law 1991
Oxford University: B.A., Philosophy, Politics and Economics 1988
Harvard University: A.B. (Magna Cum Laude), History and Government 1986
Media Appearances (5)
How to spit a liar: coach to crime fighters reveals common tics
South China Morning Post online
Freshman, a professor at University of California, Hastings College of Law, is highly sought after for his expertise in lie detection and non-verbal communication picked up over decades working in law. He has also worked with US psychologist Paul Ekman, with whom he collaborated on the Fox TV courtroom drama, Lie to Me...
Pants On Fire! How To Tell If Someone Is Lying To You
But while it’s impossible to say with 100 percent certainty whether a person is lying (after all, if it were possible, our justice system would look a lot different, wouldn’t it?), there are clues and questioning strategies you can employ that can at least improve your chances of detecting deception. We asked Hartwig and Clark Freshman, J.D., a professor of law at the University of California Hastings College of Law who also has a firm that trains lawyers and negotiators in lie detection, to share some with us...
How To Tell If Someone Is Lying To You
The Huffington Post online
But while it's impossible to say with 100 percent certainty whether a person is lying (after all, if it were possible, our justice system would look a lot different, wouldn't it?), there are clues and questioning strategies you can employ that can at least improve your chances of detecting deception. We asked Hartwig and Clark Freshman, J.D., a professor of law at the University of California Hastings College of Law who also has a firm that trains lawyers and negotiators in lie detection, to share some with us...
Mastering External Mindfulness
The Huffington Post online
The power poses that Amy Cuddy teaches can translate into winning more negotiations and building better relationships. Or they could backfire and cost you money and friends. Your success depends on how well you master external and internal mindfulness...
Examining Body Language at the GOP Debate
The Huffington Post online
If you want to learn what the Republican candidates in Wednesday's debate really think and feel, then you can't just listen to their words. You've got to see how they said them. Were you being lied to, deceived or in some way lead astray during last night's debates? Could simple facial expressions provide worthwhile clues?...
Event Appearances (5)
Making Credibility Determinations: The Latest Science of Reading Emotions and Thoughts Across Cultures
National Academy of Arbitrators, Annual Meeting San Francisco, CA
Science of Lie Detection and Negotiation
Oregon Law Institute of Lewis & Clark College Portland, Oregon
Dodging Lies and Making Deals: Emotional Awareness for Negotiation, Compassion, and Lie Detection
Meeting of the International Academy of Mediators Napa Valley, California
Presentation to Judges, Mediators and Arbitrators
JAMS Conference Colorado Springs, Colorado
Lie Detection and Negotiation Within
Harvard Negotiation Law Review Symposium Cambridge, Massachusetts
Selected Articles (5)
Adapting meditation to promote negotiation success: A guide to varieties and scientific supportHarvard Negotiation Law Journal
In particular, one wants to know more about the enticing claims Riskin makes that mindfulness may make lawyers healthier, happier, and better negotiators. Riskin suggests meditation will make lawyers happier people and better negotiators based on what we will ...
Lawyer-Negotiator as Mood Scientist: What We Know and Don't Know about How Mood Relates to Successful Negotiation, TheJournal of Dispute Resolution
This article explores two related questions: First, does mood shape how well lawyers succeed at negotiation? Second, can lawyers succeed better at negotiation by understanding and managing the role of mood? We begin by exploring what scientific ...
Whatever Happened to Anti-Semitism-How Social Science Theories Identify Discrimination and Promote Coalitions between Different MinoritiesCornell Law Review
The stories in the Prologue depict everyday lawyering practices, but depend on deep assumptions about the nature of prejudice and the relationship between" different" kinds of discrimination. Many cases turn on the question of how lawyers themselves frame the ...
Privatizing Same-Sex Marriage through Alternative Dispute Resolution: Community-Enhancing versus Community-Enabling MediationUCLA Law Review
Mary and Susan have lived together for five years. Two years ago, with the help of a mutual friend, Susan gave birth to Adrienne. But Mary soon decided she "couldn't pass up" a "great career opportunity" as a manager for a local gay and lesbian political organization. Susan ...
Beyond Atomized Discrimination: Use of Acts of Discrimination Against" Other" Minorities to Prove Discriminatory Motivation Under Federal Employment LawStanford Law Review
Mike Ueda, a graduating MBA with a concentration in marketing, and whose grandparents happened to come from Japan, sends his resume to a well-known advertising firm and subsequently interviews on campus with one of the firm's account executives. The ...