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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
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
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 …
Doing The Right Thing: An Empirical Study Of Attorney Negotiation Ethics, Art Hinshaw, Jess K. Alberts
Doing The Right Thing: An Empirical Study Of Attorney Negotiation Ethics, Art Hinshaw, Jess K. Alberts
Art Hinshaw
The code of ethical conduct for lawyers -- the American Bar Association’s Model Rules of Professional Conduct (the “Model Rules”) -- legitimizes a certain amount of dissembling and misdirection in the negotiation realm, only prohibiting legal negotiators from making fraudulent misrepresentations about material matters. To determine if attorneys are meeting this low standard, the authors surveyed practicing lawyers and asked them if they would agree to engage in a fraudulent pre-litigation settlement scheme if a client requested them to do so. Nearly one-third of the respondents indicated they would agree to the client’s overtures, and only half indicated that they …
What Law Schools Should Teach Future Transactional Lawyers: Perspectives From Practice, Michael A. Woronoff
What Law Schools Should Teach Future Transactional Lawyers: Perspectives From Practice, Michael A. Woronoff
Michael A Woronoff
Since at least the 1980’s, law schools have been chided for doing a poor job at teaching skills. This criticism has been accompanied by pressure to increase their emphasis on skills training. The pressure increased with the publication of the McCrate Report in 1992, and then again with the publication of the Carnegie Report in 2007. This article is based on my remarks given on June 10 at the 2009 mid-year meeting of the AALS Conference on Business Associations. In those remarks, I respond to the questions “Are law schools teaching students adequate transactional skills?” and “From the standpoint of …
The Effect Of Risk On Legal Valuation, Robert J. Rhee
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
Bringing Soul To International Negotiation, Phyllis E. Bernard
Phyllis E. Bernard
No abstract provided.
How A Mediation Clinic Can Inform The Curriculum, Dr Leonardo J. Raznovich, Ben Waters
How A Mediation Clinic Can Inform The Curriculum, Dr Leonardo J. Raznovich, Ben Waters
Dr Leonardo J Raznovich
There are many different ways and settings in which the curriculum can be developed to provide clinical legal education to students at university level within the UK. With the assistance of HEFCE research informed teaching funding and after nearly a year of preparatory research, two members of the Legal Studies team, in department of Crime and Policing at Canterbury Christ Church University (CCCU) in England set up a mediation clinic as a fundamental element of the development of a Qualifying Law Degree. The clinic at Canterbury Christ Church University is unique, not least for the fact that it is the …
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris
David A Harris
LAW ENFORCEMENT AND INTELLIGENCE GATHERING IN MUSLIM AND IMMIGRANT COMMUNITIES AFTER 9/11 DAVID A. HARRIS ABSTRACT Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather …
Fighting With Faith: The Role Of Religion In Dealing With Modern Conflict, Sean P. Mcdonnell
Fighting With Faith: The Role Of Religion In Dealing With Modern Conflict, Sean P. Mcdonnell
Sean P. McDonnell
Though current modes of cultural and ethnic asymmetrical conflict may seem novel, they universally draw on something far older and far more ingrained in man’s ancient roots: his faith in and relationship with the divine. Perhaps uniquely among cultural factors, religion is a single consistent issue latent in almost all contemporary intractable conflicts. If properly deployed, the symbols, language, and meanings of religious traditions may prove as powerful in resolving conflict as they have been in fueling it. How can those interested in healing these wide cultural schisms employ the power of religion in a restorative resolution process? This essay …
Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin
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 …
Will Benefits Of Communicating Face-To-Face Drive Widespread Adoption Of Telepresence For Use In Commercial Negotiation?, Brian D. Mckenzie
Will Benefits Of Communicating Face-To-Face Drive Widespread Adoption Of Telepresence For Use In Commercial Negotiation?, Brian D. Mckenzie
Brian D. McKenzie
People are famously egocentric, short-sighted, risk-averse, competitive, and insecure. All of these human characteristics are in play during a face-to-face negotiation, where a negotiator’s ability to control his own characteristics while observing those of his opponent can have a significant impact on the outcome of the negotiation. While highly effective, face-to-face negotiation suffers from the expense of drawing geographically disparate parties into close physical proximity. As a result, alternatives for business have been developed, such as telephone, and email, but this paper will demonstrate how each falls short of the “personal experience” of face-to-face negotiation, and how such a deficiency …
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
Erin Ryan
As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …
Negotiation As A Post-Modern Process, Kenneth H. Fox
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.