Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Challenges Of "Sameness": Pitfalls And Benefits To Assumed Connections In Lawyering, Carwina Weng, Lynn Barenberg, Alexis Anderson
Challenges Of "Sameness": Pitfalls And Benefits To Assumed Connections In Lawyering, Carwina Weng, Lynn Barenberg, Alexis Anderson
Articles by Maurer Faculty
Individuals are drawn to connect with other people because of shared experiences and personal characteristics. These connections often help people establish rapport, trust, and engagement. Surely these same benefits would apply in the lawyer-client relationship where a lawyer’s ability to find common links with her client would facilitate the lawyering process.
Perhaps that is true, but not necessarily and not without some potential costs. As clinical teachers, we have become increasingly wary that assumptions attributable to sameness can complicate lawyering. Untested assumptions, whatever their source, can impair lawyering judgments. In our collective experience, we have found that assumptions rooted in …
Book Review: "Gustav Shpet’S Contribution To Philosophy And Cultural Theory", Francis J. Mootz Iii
Book Review: "Gustav Shpet’S Contribution To Philosophy And Cultural Theory", Francis J. Mootz Iii
Scholarly Works
The author reviews Gustav Shpet’s Contribution to Philosophy and Cultural Theory edited by Galin Tihanov. The volume provides a comprehensive introduction to the significance of the Russian philosopher Gustav Shpet (1879-1937) in the development of phenomenology, hermeneutics, semiotics, literary theory, psychology, and cultural criticism.
Transferring Trust: Reciprocity Norms And Assignment Of Contract, Tess Wilkinson-Ryan
Transferring Trust: Reciprocity Norms And Assignment Of Contract, Tess Wilkinson-Ryan
All Faculty Scholarship
This paper presents four experiments testing the prediction that assignment of contract rights erodes the moral obligation to perform. The first three studies used an experimental laboratory game designed to model contractual exchange. Players in the games were less selfish with a previously-generous partner than with third-party player who had purchased the right to the original partner’s expected return. The fourth study used a web-based questionnaire, and found that subjects reported that they would require less financial incentive to breach an assigned contract than a contract held by the original promisee. The results of these four experiments provide support for …