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Now showing items 31-40 of 48
Prospect Theory, Risk Preference, and the Law
(Northwestern University Law Review, 2003)
To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with ...
Panacea or Pandora's Box?: The Costs of Options in Negotiation
(Iowa Law Review, 2003)
The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. ...
The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering
(Harvard Negotiation Law Review, 2001)
Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes ...
Procedural Justice Research and the Paucity of Trials
(Journal of Dispute Resolution, 2002)
Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes ...
Guardians: A Research Note
(The American Journal of Legal History, 1996)
Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while ...
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 ...
The Road Less Taken: Annulment at the Turn of the Century
(American Journal of Legal History, 1996)
It is hardly surprising that certain legal institutions--adoption, wills, and guardianship--have lasted through the centuries. Each meets a different, seemingly timeless need: providing parenting for orphans or abandoned ...
A "Party Satisfaction" Perspective on a Comprehensive Mediation Statute
(Ohio State Journal on Dispute Resolution, 1998)
During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation ...
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 ...