Clark Freshman

Professor of Law UC Hastings College of the Law

  • San Francisco CA

Contacts: freshman@uchastings.edu / 415-581-8804 / Office 330-200

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UC Hastings College of the Law

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Biography

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.

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Areas of Expertise

Civil Procedure
Mediation
Lie Detection
Deception
Emotion and Law
Law and Psychology
Discrimination
Mindfulness
Civil Rights Law
Negotiation
Arbitration

Education

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

How to spit a liar: coach to crime fighters reveals common tics

South China Morning Post  online

2014-12-19

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...

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Pants On Fire! How To Tell If Someone Is Lying To You

360Nobs  online

2014-04-17

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...

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How To Tell If Someone Is Lying To You

The Huffington Post  online

2014-04-16

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...

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Event Appearances

Making Credibility Determinations: The Latest Science of Reading Emotions and Thoughts Across Cultures

National Academy of Arbitrators, Annual Meeting  San Francisco, CA

2015-05-20

Science of Lie Detection and Negotiation

Oregon Law Institute of Lewis & Clark College  Portland, Oregon

2015-05-01

Dodging Lies and Making Deals: Emotional Awareness for Negotiation, Compassion, and Lie Detection

Meeting of the International Academy of Mediators  Napa Valley, California

2011-05-02

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Selected Articles

Adapting meditation to promote negotiation success: A guide to varieties and scientific support

Harvard Negotiation Law Journal

2002-01-01

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 ...

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Lawyer-Negotiator as Mood Scientist: What We Know and Don't Know about How Mood Relates to Successful Negotiation, The

Journal of Dispute Resolution

2002-01-01

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 ...

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Whatever Happened to Anti-Semitism-How Social Science Theories Identify Discrimination and Promote Coalitions between Different Minorities

Cornell Law Review

1999-01-01

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 ...

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