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Full-Text Articles in Law

Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin Dec 2009

Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin

Robert J. Condlin

In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …


Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey Oct 2009

Significant Victories: An Analysis Of Union First Contracts, Tom Juravich, Kate Bronfenbrenner, Robert Hickey

Kate Bronfenbrenner

[Excerpt] After two decades of massive employment losses in heavily unionized sectors of the economy and exponential growth of the largely unorganized service sector, the U.S. labor movement is struggling to remain relevant. Despite new organizing initiatives and practices, union organizing today remains a tremendously arduous endeavor, particularly in the private sector, as workers and their unions are routinely confronted with an arsenal of aggressive legal and illegal antiunion employer tactics. This vigorous opposition to unions in the private sector does not stop once an election is won, but continues throughout bargaining for an initial union agreement, all too often …


The Effect Of Risk On Legal Valuation, Robert J. Rhee Jul 2009

The Effect Of Risk On Legal Valuation, Robert J. Rhee

Robert Rhee

From a financial economic perspective, the governing condition of a meritorious civil action is the uncertainty of outcome. Expectation and outcome deviate, and the spread is the measure of uncertainty (or variance). During litigation each party has an option to settle or select trial. The decision standard can be seen as an option strike price and a finding of liability as an “in-the-money” call option. This apparent optionality suggests the application of an option pricing model to legal valuation, and a small but growing body of scholarship endorses this concept. However, option theory is not the only concept. Under an …


Bringing Soul To International Negotiation, Phyllis E. Bernard Mar 2009

Bringing Soul To International Negotiation, Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.


Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin Feb 2009

Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin

Robert J. Condlin

In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …


Negotiation As A Post-Modern Process, Kenneth H. Fox Dec 2008

Negotiation As A Post-Modern Process, Kenneth H. Fox

Kenneth H Fox

Conventional pedagogy treats negotiation as a strategic and instrumental process. Yet, recent developments in our field suggest that our frame for teaching negotiation is overly limited. Second generation negotiation research and teaching must recognize this limitation and expand our frame to incorporate additional paradigms for understanding people and how they interact. This article suggests a different conception for negotiation research and teaching.