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Selected Works

Erin Ryan

Negotiation and Dispute Resolution

Articles 1 - 5 of 5

Full-Text Articles in Law

Negotiating Federalism Past The Zero Sum Game, Erin Ryan Dec 2011

Negotiating Federalism Past The Zero Sum Game, Erin Ryan

Erin Ryan

Countless instances of intergovernmental bargaining offer a means of understanding the relationship between state and federal power that differs from the stylized model of “zero-sum” federalism that has come to dominate political discourse. The zero-sum model sees winner-takes-all jurisdictional competition between the federal and state governments for power, emphasizing sovereign antagonism within the federal system. Yet real-world interjurisdictional governance show that the boundary between state and federal authority is really an ongoing project of negotiation, taking place on levels both large and small. Reconceptualizing the relationship between state and federal power as one heavily mediated by negotiation reveals just how …

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Negotiating Federalism, Erin Ryan Dec 2010

Negotiating Federalism, Erin Ryan

Erin Ryan

Bridging the fields of federalism and negotiation theory, Negotiating Federalism analyzes how public actors navigate difficult federalism terrain by negotiating directly with counterparts across state-federal lines. In contrast to the stylized, zero-sum model of federalism that dominates political discourse and judicial doctrine, it demonstrates that the boundary between state and federal power is negotiated on scales large and small, on an ongoing basis. The Article is also the first to recognize the procedural tools that bilateral federalism bargaining offers to supplement unilateral federalism interpretation in contexts of jurisdictional overlap. The Article begins by situating its inquiry within the central federalism …

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Reporting On Palin: Negotiations In Political Theater, Erin Ryan Oct 2008

Reporting On Palin: Negotiations In Political Theater, Erin Ryan

Erin Ryan

This very short essay uses negotiation theory as a lens to analyze the McCain campaign's efforts to manipulate its media coverage during the 2008 presidential election. It offers a timely consideration of the troubling dynamic that can arise between the media and the campaigns that they cover, which often approximates a formal negotiation. The essay compares the campaign’s strategies for managing press coverage of its candidates to the well-researched techniques of competitive bargainers, including anchoring tactics, the scarcity effect, and psychological warfare. It reviews how reporters are uniquely hamstrung in coping with competitive bargaining tactics compared to ordinary negotiators, and …

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The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan Dec 2004

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Erin Ryan

All lawyers negotiate, and all negotiators deliberate. This article addresses the pervasive but unrefined use of emotional insight by deliberating and negotiating lawyers, and suggests that legal education could improve lawyering by adopting a fuller model of legal thinking that takes account of this “epistemological emotionality.” In forming the beliefs that underlie choices made during deliberation and negotiation, people rely on insights informed by past and present emotional experience. Such epistemological emotional input fuels a pre-linguistic, quasi-inductive reasoning process that enables us to draw on stored information about emotional phenomena to hypothesize about motives, behavior, and potential consequences. As deliberation …

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Zoning, Taking, & Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan Dec 2001

Zoning, Taking, & Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Erin Ryan

Municipal land use bargaining may imply as many problems as it heralds promise, but it is widely acknowleged as the universal language of land use planning. Planners and scholars agree that public-private negotiation plays a central role in the vast majority of local land use decision-making. At least in part, this is a result of the peculiar attributes of the resource at issue. Land is, perhaps, the ultimate nonfungible. Each parcel of land possesses unique characteristics not only in its physical attributes, but also by virtue of its location, and its proximity to other unique parcels. Moreover, land uses implicate …

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