Independent | Innovative | Inspiring



California Western -- Creative Problem Solving

Because of the rapid changes in the law and legal profession several faculty members at California Western School of Law are focusing on the theory of preventing and solving problems more creatively.  Below is a list of articles that have been published each year as well as works in progress.
For information on videos that have been produced, see Projects.


  • Barton, "Thinking Preventively and Proactively," 49 Scandinavian Studies in Law 71 (2006).
  • Cox, "AALS as Creative Problem Solver: Implementing Bylaw 6-4(a) to Prohibit Discrimination on the Basis of Sexual Orientation in Legal Education," Journal of Legal Education (forthcoming Spring 2006).

  • Morton, "A New Approach to Healthcare ADR: Training Law Students to be Problem Solvers in the Healthcare Context," 21 Georgia State University Law Review 965 (2006).

  • Morton & J. Weinstein, "Problem Solving," in LEARNING FROM PRACTICE: A PROFESSIONAL DEVELOPMENT TEXT FOR LEGAL EXTERNS (J.P. Ogilvy, L. Wortham & L.G. Lerman eds., forthcoming).

  • J. Weinstein & Morton, "Interdisciplinary Problem Solving Courses as a Context for Nurturing Intrinsic Values," 13 Clinical Law Review (forthcoming).


  • Barton, “The Rule and Non-Rule of Law,” translated as “El Estado de Derecho y Su Ausencia,” in ESTADO DE DERECHO Y REFORMAS A LA JUSTICIA 215 (James M. Cooper, Rainer Grote, Maria Inés Horvitz & Jörg Stippel eds., 2005).
  • Barton, "Practicing Law Preventively and Proactively," 23 Eurolawyer 12 (2005).
  • Cooper & Janeen Kerper (deceased), "Creative Problem Solving and Human Rights," in THE ESSENTIAL GUIDE TO HUMAN RIGHTS (Christine van den Anker & Rhona Smith eds., Spring 2005).
  • Marion, "Problem Solving: An Annotated Bibliography" (2d ed, August 2005) [PDF Version].
  • Rosenberry, "Organizational Barriers to Creativity in Law Schools and the Legal Profession," 41 California Western Law Review 423 (Spring 2005).

2001 to 2004 

  • Morton, "Teaching Creative Problem Solving," in TEACHING THE LAW SCHOOL CURRICULUM (Steve Friedland, Stephen Sepinuck & Gerald Hess eds., 2004).
  • Rosenberry, "Creative Problem Solving: Mixing the Traditional with the Nontraditional," San Diego Lawyer (March/April 2004) at 44 [PDF version].
  • Morton & J. Weinstein, "Stuck in a Rut: The Role of Creative Thinking in Problem Solving and Legal Education," 9 Clinical Law Review 835 (2003).
  • Rosenberry, "Creative Techniques in Law School Reflect Changes in Society," San Diego Business Journal (April 28, 2003) at 3 [PDF version].
  • Barton, "Integrating Problem Solving and Problem Prevention into an Existing Law School Curriculum," in NEW VISTAS IN DISPUTE RESOLUTION: ABA Section of Dispute Resolution Annual Meeting (2002).
  • Bohrer, "A Rawlsian Approach to Solving the Problem of Genetic Discrimination in Toxic Workplaces," 39 San Diego Law Review 747 (2002).
  • Morton & Einesman, "Training a New Breed of Lawyers: California Western's Advanced Mediation Program in Juvenile Hall," 39 California Western Law Review 53 (2002).
  • Barton, "Preventive Law for Three-Dimensional Lawyers," 19 Preventive Law Reporter 29 (2001).
  • Barton, "Preventive Law in the Corporate Environment," 25 Director's Monthly 16 (February, 2001).
  • Cooper, "Se abre una Nueva oportunidad: Importando sistemas horizontalis de justiciar durante Una apace de Reform Judicial," 2 Revista Crea 91 (2001).
  • Gudel with Ian R. Macneil , CONTRACTS: EXCHANGE TRANSACTIONS AND RELATIONS (3d ed. 2001).
  • Morton & Einesman, "The Effects of Mediation in a Juvenile Incarceration Facility: Reduction of Violence Through Transformation," 49 Cleveland State Law Review 255 (2001).

1983 to 2000  

  • Marion, "Problem Solving: An Annotated Bibliography: Cumulative Supplement"  (August 2000).
  • Barton, "Therapeutic Jurisprudence, Preventive Law, and Creative Problem Solving: An Essay on Harnessing Emotion and Human Connection," 5 Psychology, Public Policy & Law 921 (1999).
  • Barton, "Creative Problem Solving and Human Rights," 26 ABA Human Rights 17 (1999).
  • Belknap, "Constitutional Law as Creative Problem Solving: Could the Warren Court Have Ended the Vietnam War?," 36 California Western Law Review 97 (1999).
  • Cooper, "State of the Nation: Therapeutic Jurisprudence and the Evolution of the Right of Self-Determination in International Law," 17 Behavioral Sciences and the Law 60 (1999).
  • Barton, "Conceiving the Lawyer as Creative Problem Solver: Introduction," 34 California Western Law Review 267 (1998).
  • Barton, "Creative Problem-Solving: Purpose, Meaning and Values," 34 California Western Law Review 273 (1998).
  • Cooper, "Toward a New Architecture: Creative Problem Solving and the Evolution of Law," 34 California Western Law Review 297 (1998).
  • Cooper, "Creative Problem Solving and the Castro Conundrum," 28 California Western International Law Journal 391(1998).
  • Johnson, "Teaching Creative Problem-Solving and Applied Reasoning Skills: A Modular Approach," 34 California Western Law Review 389 (1998).
  • Marion, "Problem Solving: An Annotated Bibliography," 34 California Western Law Review 537 (1998).
  • Morton, "Teaching Creative Problem Solving: A Paradigmatic Approach," 34 California Western Law Review 375 (1998).
  • Barton, "Justiciability: A Theory of Judicial Problem-Solving," 24 Boston College Law Review 505 (1983).

Works in Progress

  • Gudel, "The Structure of a Contracts Casebook as an Example of Teaching Creative Problem Solving." 
    The article will compare a traditional contracts casebook and one that encourages creative problem solving by using an interdisciplinary approach to focus on certain functional problems in contract planning.
  • Johnson, "Evaluating Higher Order Skills Such as Applied Reasoning and Creative Problem Solving." 
    A report of research using formative assessment to evaluate higher order skills such as applied reasoning and creative problem solving and the integration of research into a software tool.
  • Rosenberry, "Creative Problem Solving: What Is It and Why Should Lawyers Care About It?" 
    The article will discuss barriers to creativity in law schools and the legal profession.

The California Western library, which has a large collection of publications in the field, keeps a bibliography of works published by others.  Please click on Bibliography to the left.