Craig A. McEwen

Daniel B. Fayerweather Professor of Political Economy and Sociology Emeritus

Spring 2012

  • Advanced Independent Study and Honors in Sociology (SOC 402)
Phone
Title Daniel B. Fayerweather Professor of Political Economy and Sociology Emeritus
Department Sociology And Anthropology
Work Location (none)
E-Mail cmcewen@bowdoin.edu
Craig McEwen

Education

A. B. (Oberlin College)
M. A. and Ph.D. (Harvard University)

Craig McEwen, Daniel B. Fayerweather Professor of Political Economy and Sociology, specializes in the sociology of law and criminology. His research focuses on mediation and dispute resolution, courts and their operation, the legal profession, and the nature and consequences of imprisonment for adults and juveniles.

Scholarly Publications and Reports

“Housing and Homelessness in Maine: A Case of Public Sociology in Practice (with Joe Bandy) in Sociologists in Action: Sociology, Social Change and Social Justice (ed. by Kathleen Korgen, Jonathan M. White and Shelley K. White). Newbury Park, CA: Pine Forge Press, 2010.

Preface to Elizabeth Gordon, The Role of Attorneys in Court Ordered Mediations in North Carolina: The Pilot Phase. Lewiston, NY: Edwin Mellen Press, 2009.

The Blackwell Handbook of Mediation"Examining Mediation in Context: Toward Understanding Variations in Mediation Programs."In Margaret S. Herrman, ed., The Blackwell Handbook of Mediation: Bridging Theory, Research and Practice. Blackwell, Oxford. U.K. Oxford: Blackwell Publishers, 2005, pp. 81-98.

Mediation: Law, Policy, Practice, 2nd Ed. -- 2004 Cumulative Supplement (with Sarah Cole and Nancy Rogers). St. Paul, MN: West Group, 2004.

"Finding Out If It Is True: Comparing Mediation and Negotiation through Research," (with Roselle L.Wissler), Journal of Dispute Resolution, 2002: 131-142 (2002).

Divorce Lawyers at Work: Varieties of Professionalism in Practice. (with Lynn Mather and Richard Maiman). New York: Oxford University Press, 2001. (Selected for the 2001 C. Herman Pritchett Award of the Law and Courts Section of the American Political Science Association for "the best book on law and courts written by a political scientist and published the previous year.")

Divorce Lawyers at Work: Varieties of Professionalism in Practice"Toward a Program-Based ADR Research Agenda," Negotiation Journal, 15: 325-338 (1999).
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"The Future of Legal Professionalism in Practice," (with Richard Maiman and Lynn Mather) Legal Ethics, 2, part 1(Summer, 1999): 71-85.

"Managing Corporate Disputing: Overcoming Barriers to the Effective Use of Mediation for Reducing the Cost and Time of Litigation," The Ohio State Journal on Dispute Resolution, 14: 1-27 (1998).

"Employing the Law to Increase the Use of Mediation and to Encourage Direct and Early Negotiations," (with Nancy Rogers), The Ohio State Journal on Dispute Resolution, 13: 831-864 (1998). Sections reprinted in Jean R. Sternlight, James J. Alfini, Sharon P. Press, and Joseph B. Stulberg, Materials on Mediation Theory and Practice. New York: Matthew Bender, 2001.

"Legal Policy and Access to Justice Through Courts and Mediation," (with Laura Williams) The Ohio State Journal on Dispute Resolution, 13: 865-883 (1998).

"Avocats et divorce aux Etats-Unis: la transformation des pratiques professionelles" (with Lynn Mather and Richard Maiman), Droit et Societe 33 (1996): 341-360.

"Rethinking Criminal Justice Policy in Maine," (with Evelyn Hanneman) Maine Policy Review, 5 (December, 1996): 53-65.
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"'The Passenger Decides on the Destination and I Decide on the Route': Are Divorce Lawyers 'Expensive Cab Drivers?'" (with Lynn Mather and Richard Maiman), International Journal of Law and the Family, 9 (1995): 286-310.
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"Bring in the Lawyers: Challenging the Dominant Approaches to Ensuring Fairness in Divorce Mediation" (with Nancy Rogers and Richard Maiman), Minnesota Law Review, 79 (June, 1995): 1317-1411. [Sections reprinted in Leonard J. Riskin and James Westbrook, Dispute Resolution and Lawyers, St. Paul, MN: West Publishing Co, 1997 and in Jean R. Sternlight, James J. Alfini, Sharon P. Press, and Joseph B. Stulberg, Materials on Mediation Theory and Practice. New York: Matthew Bender, 2001].

"The Maine Corrections Budget" in State Budget Review, 1995. Augusta, ME: Maine Center for Economic Policy, 1995

An Evaluation of the Equal Employment Opportunity Commission's Pilot Mediation Program. Report to the Center For Dispute Settlement under contract with the Equal Employment Opportunity Commission. March, 1994.

"Lawyers, Mediation, and the Management of Divorce Practice," (with Lynn Mather and Richard Maiman) Law & Society Review 28 (1994): 149-186.

"Competence and Quality," Negotiation Journal, 9 (1993): 317-319.

"Community Boards: An Analytic Profile," (with Frederic DuBow) in The Possibility of Popular Justice: A Case Study of Community Mediation in the United States, edited by Sally E. Merry and Neal Milner. Ann Arbor, MI: University of Michigan Press, 1993, pp. 125-168.

"Explaining A Paradox of Mediation" (with Thomas Milburn), Negotiation Journal, 9 (1993): 23-36.

"Note on Mediation Research," in Dispute Resolution, 2nd ed. by Stephen Goldberg, Frank Sander, and Nancy Rogers. Boston: Little, Brown, 1992.

An Evaluation of the ADR Pilot Project: Final Report. Report to the Chief Justices of the Maine Supreme Judicial Court and the Maine Superior Court, January, 1992.

"Environmental and Community Disputes: A Commentary," in Studies in Law, Politics, and Society, Vol. 12, Part B, edited by Susan S. Silbey and Austin Sarat. Greenwich, CN: JAI Press, 1992.

"Gender and Specialization in the Practice of Divorce Law" (with Richard Maiman and Lynn Mather), Maine Law Review, 44 (1992): 39-61.

"Evaluating ADR Programs," in Emerging ADR Issues in Stateand Federal Courts, edited by Frank E. A. Sander. Chicago, IL: Litigation Section of the American Bar Association, 1991.

"Pursuing Predictive or Problem-Solving Settlement," Florida State Law Review, 19 (1991): 77-88.

Mediation: Law, Policy, Practice. Cumulative Supplement,1990; Revised in 1991; Revised in 1992 (second author with Nancy Rogers). Rochester, NY: Clark, Boardman and Callaghan Publishing Co. 1990.

"Mediation in Small Claims Courts: Consensual Processes and Outcomes," (with Richard Maiman) in Mediation Research: The Process and Effectiveness of Third-Party Intervention, edited by Kenneth Kressel and Dean Pruitt, editors. San Francisco: Jossey-Bass, 1989, pp. 53-67.

"Tax-paying Behavior in Social Context: A Tentative Typology of Tax Compliance and Noncompliance" (with Robert Kidder) in Taxpayer Compliance: Volume 2, Social Science Perspectives, edited by Jeffrey A. Roth and John T. Scholz. Philadelphia: University of Pennsylvania Press, 1989, pp. 47-75.

"Mediation and the Unauthorized Practice of Law," (with Nancy Rogers) Mediation Quarterly, May 1989: 23-32.

Participant in "A Colloquy: Alternative Dispute Resolution in International Trade and Business," Maine Law Review, 40 (1988): 225-259.

"The ADR Movement: Theoretical Aspects and Practical Potential," Maine Law Review, 40 (1988): 367-373.

"Coercion and Consent: A Tale of Two Court Reforms" (with Richard Maiman), Law & Policy, 10 (1988): 4-24.

"Differing Visions of Alternative Dispute Resolution and Formal Law: A Review Essay," The Justice System Journal, 12 (1987): 247-259.

"In Search of Legitimacy: Toward an Empirical Analysis" (with Richard Maiman), Law & Policy, 8 (1986): 257-273.

"The Relative Significance of Disputing Forum and Dispute Characteristics for Outcome and Compliance" (with Richard Maiman), Law & Society Review, 20 (1986): 601-610.

"Legal Ideologies in Collision: Conflicting Expectations of Civil Litigants and Legal Practitioners," Legal Studies Forum, X (1986): 229-237.

"Parties' Views of the Process: What Do They Tell Us?" Proceedings of the Thirteenth Annual International Conference of the Society for Professionals in Dispute Resolution, Labor Relations Press: Fort Washington, PA, 1986.

"How Does Mediator Style Relate to Mediator Effectiveness?" Proceedings of the Thirteenth Annual International Conference of the Society for Professionals in Dispute Resolution. Labor Relations Press: Fort Washington, PA, 1986.

"Does 'Consumer Satisfaction' With Mediation Last?" Proceedings of the Thirteenth Annual International Conference of the Society for Professionals in Dispute Resolution. Labor Relations Press: Fort Washington, PA, 1986.

"Inside the 'Black Box' of Conflict Resolution," Negotiation Journal, 2 (1986): 385-394 (a review essay).

"Mediation in Small Claims Court: Compliance Through Consent" with Richard Maiman), Law & Society Review 18 (1984): 1-39. Sections reprinted in Processes of Dispute Resolution: The Role of Lawyers by John S. Murray, Alan S. Rau and Edward F. Sherman. Westbury, NY: Foundation Press, 1988; Processes of Dispute Resolution: The Role of Lawyers, 2nd ed. by John S. Murray, Alan S. Rau and Edward F. Sherman. Westbury, NY: Foundation Press, 1996.

"Mediation and Arbitration: Their Promise and Performance as Alternatives to Court" (with Richard Maiman), in The Analysis of Judicial Reform edited by Philip L. Dubois, Lexington, MA: Lexington Books, 1982. (Expanded version of Policy Studies Journal article).

"Arbitration and Mediation as Alternatives to Court" (with Richard Maiman), Policy Studies Journal, 10: 712-726, 1982.

"Small Claims Mediation in Maine: An Empirical Assessment" (with Richard Maiman), Maine Law Review, 33: 237-268, 1981. Reprinted in Stephen Goldberg, Eric Green and Frank Sander, Dispute Resolution, Boston: Little, Brown, 1985. Excerpted in Philip J. Harter, ed., Alternative Dispute Resolution: A Handbook for Judges, Washington, D.C.: American Bar Association. Excerpted in Stephen Goldberg, Frank Sander and Nancy Rogers, Dispute Resolution, 2nd ed. Boston: Little Brown, 1985; Carrie Menkel-Meadow, ed. Mediation: Theory, Policy and Practice. Aldershot, U. K.: Ashgate Publishing, 2001.

"Continuities in the Study of Total and Nontotal Institutions" Annual Review of Sociology, Vol. 6 (1980), pp. 143-185.

Designing Correctional Organizations for Youths: Dilemmas of Subcultural Development. Cambridge, MA: Ballinger, 1978. Sections reprinted in Alden D. Miller and Lloyd E. Ohlin, Delinquency and Community: Creating Opportunities and Controls, Beverly Hills, CA: Sage, 1985 (pp. 43-50).

"Subcultures in Community-Based Programs," in Juvenile Correctional Reform in Massachusetts by Lloyd Ohlin, Robert Coates and Alden Miller. Washington, D.C.: U.S. Government Printing Office, 1977.

"Preliminary Analysis of Data from the 1973 Study of Subcultures in Selected Programs Serving Youth Committed and Referred to the Massachusetts Department of Youth Service." Quarterly Report of the DYS Project, Center for Criminal Justice, Harvard Law School, January, 1974.

Articles in Professional Publications and Press

“Maine’s New Rule of Evidence 514—The Rule Moves Maine Backward,” Maine Bar Journal, 44 (Winter 2009): 44-49.

"Giving Meaning to Mediator Professionalism," Dispute Resolution Magazine, XI (Spring, 2005): 3-6.

"Valuing Professionalism: Challenges to the Ombuds," ombudsmanNews, 2004 (third issue), pages 4-7.

"State should fund plan to aid its adult nonviolent offenders" (with Suzanne Rudalevige), Portland Press Herald, April 27, 1999, page 9A.

"ADR 2000, CPR's Online Seminar -- Inside the Corporation: Involving Business Managers in ADR" (member of on-line seminar with reprinted text of discussion) Alternatives to the High Cost of Litigation, 16: 151-159 (1998).

"Rand Report Points Way to New Generation of ADR Research," (with Elizabeth Plapinger) Dispute Resolution Magazine, 3 (number 4), 1997: 10-11.

"Mediation in Context: New Questions for Research, "Dispute Resolution Magazine, 3 (number 2), 1996: 16-17.

"A Framework for Community," Bowdoin, 68 (1996): 23-25.

"Mediation in Equal Employment Cases,"Dispute Resolution Magazine, Spring, 1996: 16-17.

"Report of Voluntary Continuing Legal Education by 1995 Maine Bar Registrants," Maine Bar Journal, 11 (1996): 329-330.

"Planning Public Sector Mediation Programs: The Role of Statutes and Rules" (with Nancy Rogers), Forum, Fall, 1995: 14-17.

"Report on Voluntary Continuing Legal Education by 1994 Maine Bar Registrants," Maine Bar Journal, 10: 355-357 (September, 1995).

"Improving on Negotiation: The Potential of Mediation," Maine Lawyers Review, 3: 11, 18,19 (September 13, 1995).

"Bring the Lawyers into Divorce Mediation" (with Nancy Rogers), ABA Dispute Resolution Magazine, 1 (Summer, 1994): 8-12. Reprinted in Mediation: Appropriate Process and Problems-Solving by Carrie Menkel-Meadow, Lela Love, and Andrea Schneider. Cambridge, MA: Aspen Publishers, 2005. Excerpts reprinted in Processes of Dispute Resolution: The Role of Lawyers, 2nd ed. by John S. Murray, Alan S. Rau and Edward F. Sherman. Westbury, NY: Foundation Press, 1996.

"State Justice Institute Conference Examines Research on Court-Connected ADR," ABA Dispute Resolution Magazine, 1 (Spring, 1994): 7.

"An Evaluation of the ADR Project," Maine Bar Journal, 7 (1992): 310-311.

"Dispute Resolution in Higher Education: An Interview" in Dispute Resolution Forum, April, 1986.

"Legal Resources for Undergraduates," Focus on Law Studies, I: 2 (Fall, 1985).

Research Grants:

National Science Foundation, (Richard Maiman, co-investigator) "The Mediation of Small Claims Disputes: An Empirical Assessment." July 1, 1979 - December 31, 1981. (SES-7908872)

Faculty Development Fund, Sabbatical Supplement Grant, Bowdoin College, 1980-81

National Science Foundation, (Richard Maiman, co-investigator) "Collaborative Research on Sources of Compliance With Small Claims Judgments and Settlements." July 15, 1983 - January 15, 1985. (SES-8310393)

National Science Foundation, (Richard Maiman and Lynn Mather, co-investigators) "Collaborative Research On Lawyer Intervention in Divorce Cases." July 15, 1989 - July 15, 1991. (SES-8911653)

Faculty Development Fund, Sabbatical Supplement Grant, Bowdoin College, 1990-91

National Science Foundation, (Richard Klimoski, Nancy Rogers, Philip Sorensen, co-investigators) "Collaborative Research On Dispute Transformation in Business to Business Disputes," March 15, 1993 - March 15, 1995. (SES-9224321)

Fletcher Family Research Award, Bowdoin College, for “Variation in Mediation Development and Practice Across the United States,” 2007-2009

Awards and Honors:

1966 Phi Beta Kappa
1967 Graduated summa cum laude with highest honors in sociology (Oberlin College)
1967-74 Danforth Graduate Fellowship
1989 Co-Winner, Book Prize of the Center for Public Resources Legal Program "for Excellence and Innovation in Alternative Dispute Resolution" (for Mediation: Law, Policy, Practice, by Nancy Rogers and Craig McEwen),
1990 Appointed Daniel B. Fayerweather Professor of Political Economy and Sociology, Bowdoin College
1991 Appointed Drinko Distinguished Visiting Professor, College of Law, The Ohio State University
1991 Roger Baldwin Award, Maine Civil Liberties Union
1993 Distinguished Service Award, Maine State Bar Association, 1993
1993 Distinguished Service Award, Court Mediation Service, State of Maine Judicial
Department
1998 Center for Public Resources Institute for Dispute Resolution Award for ADR Excellence, 2nd prize for Professional Articles
1999 Pioneer Award, New England Regional Society of Professionals in Dispute Resolution
1999 Alumni Award for Faculty & Staff, Bowdoin College
2002 C. Herman Pritchett Prize for “the best book on law and courts written by a political
Scientist in 2001.” (for Divorce Lawyers at Work). Law and Courts Section,
American Political Science Association, August, 2002
2010 Maine Campus Compact's Donald Harward Faculty Award for Service-Learning Excellence