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Anchoring, Information, Expertise, and Negotiation: New Insights from Meta-Analysis
(Ohio State Journal on Dispute Resolution, 2005)
In this article, we conduct a meta-analysis of studies of simulated negotiations to explore the impact of an initial "anchor," typically an opening demand or offer, on negotiation outcomes. We find that anchoring has a ...
Framing Frivolous Litigation: A Psychological Theory
(University of Chicago Law Review, 2000)
This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous ...
Between the Frontier and the Big City: Sixty Years of Small-Town Murder Prosecution
(Oklahoma Law Review, 1994)
This article examines small-town murder in Johnson County, Kansas, from 1880
to 1939. While providing lurid details of the murders committed over a sixty-year
period in the county's small towns and villages, this article ...
Altering Attention in Adjudication
(UCLA Law Review, 2013)
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
Joining Forces: The Role of Collaboration in the Development of Legal Thought
(Journal of Legal Education, 2002)
For every reason to believe that collaboration has been influential...
there is a countervailing reason to believe that it has played a minor role
in the evolution of legal thought. It may be easy to bring to mind a ...
Adoption in the Progressive Era: Preserving, Creating, and Re-Creating Families
(The American Journal of Legal History, 1999)
The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the ...
Opening Offers and Out-of-Court Settlement: A Little Moderation May Not Go a Long Way
(The Ohio State Journal on Dispute Resolution, 1994)
When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment ...
In Defense of Author Prominence: A Reply to Crespi and Korobkin
(Florida State University Law Review, 1999)
We set out to provide our ranking of specialized reviews for three
reasons. First, given the dearth of published information about the
specialized law review phenomenon, we sought to provide some basic
information about ...
Heuristics and Biases at the Bargaining Table
(Marquette Law Review, 2004)
In this essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, we examine the role of heuristics in negotiation from two vantage points. First, we identify the way in which some common ...
The Futility of Appeal: Disciplinary Insights into the "Affirmance Effect" on the United States Courts of Appeals
(Florida State University Law Review, 2005)
In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. ...