Blog Archives
Technology‐Driven Alteration of Nonverbal Cues and its Effects on Negotiation
March 3, 2021
A person’s appearance, identity, and other nonverbal cues can substantially influence how one is perceived by a negotiation counterpart, potentially impacting the outcome of the negotiation. With recent advances in technology, it is now possible to alter such cues through real‐time video communication. In many cases, a person’s physical presence can explicitly be replaced by 2D/3D representations in live interactive media. In other cases, technologies such as deepfake can subtly and implicitly...
March 3, 2021
A person’s appearance, identity, and other nonverbal cues can substantially influence how one is perceived by a negotiation counterpart, potentially impacting the outcome of the negotiation. With recent advances in technology, it is now possible to alter such cues through real‐time video communication. In many cases, a person’s physical presence can explicitly be replaced by 2D/3D representations in live interactive media. In other cases, technologies such as deepfake can subtly and implicitly...
Jurors in Short Supply as Courts Resume Trials Amid Pandemic
March 2, 2021
State courts attempting to resume jury trials have plenty of plexiglass, hand sanitizer, and masks. Finding enough jurors is another matter. “Nobody wants to serve,” said Lorna Alksne, the presiding judge for the Superior Court in San Diego, which has had an unusually low 5% yield on jury summonses in advance of its first trial this month since last fall.
March 2, 2021
State courts attempting to resume jury trials have plenty of plexiglass, hand sanitizer, and masks. Finding enough jurors is another matter. “Nobody wants to serve,” said Lorna Alksne, the presiding judge for the Superior Court in San Diego, which has had an unusually low 5% yield on jury summonses in advance of its first trial this month since last fall.
Empirical Conjectures About the Effects of Raising the Jurisdictional Amount
March 1, 2021
As my Civ Pro colleagues periodically remind me, we're likely overdue for an increase to jurisdictional thresholds. Even if they're correct, however, what might be the expected (and unexpected) consequences of various increases to jurisdictional thresholds? A recent paper by Steven Gensler (Oklahoma) and Roger Michalski (Oklahoma), The Million Dollar Diversity Docket, puts these counter-factual questions to data. And what they find should interest more than procedeuralists. The authors hand-coded...
March 1, 2021
As my Civ Pro colleagues periodically remind me, we're likely overdue for an increase to jurisdictional thresholds. Even if they're correct, however, what might be the expected (and unexpected) consequences of various increases to jurisdictional thresholds? A recent paper by Steven Gensler (Oklahoma) and Roger Michalski (Oklahoma), The Million Dollar Diversity Docket, puts these counter-factual questions to data. And what they find should interest more than procedeuralists. The authors hand-coded...
Psychological Impact Of A Relationship Ending Is Reflected In Language Of Reddit Users Going Through Break-Ups
February 28, 2021
While some relationships are ended in the heat of the moment, for many the decision to break up with a partner involves several long, agonising weeks of weighing up various options. During that time, your attitudes and behaviours towards your partner may change — you might become colder or more distant, for example. But what about your language? According to a new study, published in PNAS, the language we use on social media just prior to a break-up can offer a key insight into the emotional...
February 28, 2021
While some relationships are ended in the heat of the moment, for many the decision to break up with a partner involves several long, agonising weeks of weighing up various options. During that time, your attitudes and behaviours towards your partner may change — you might become colder or more distant, for example. But what about your language? According to a new study, published in PNAS, the language we use on social media just prior to a break-up can offer a key insight into the emotional...
Ice-T helps squash beef in new legal show ‘The Mediator’
February 27, 2021
No one is as real as Ice-T and his latest series "The Mediator" shows just how real the legendary rapper and actor can get when it comes to a feud. In an exclusive first look, Ice-T is shown speaking with various people virtually as he attempts to settle their issues and help the parties come to an honest resolution. "These are two people that have a problem, learning how to solve a disagreement," Ice-T says in a video preview. "In the streets, we call it squashing beef."
February 27, 2021
No one is as real as Ice-T and his latest series "The Mediator" shows just how real the legendary rapper and actor can get when it comes to a feud. In an exclusive first look, Ice-T is shown speaking with various people virtually as he attempts to settle their issues and help the parties come to an honest resolution. "These are two people that have a problem, learning how to solve a disagreement," Ice-T says in a video preview. "In the streets, we call it squashing beef."
Is Divorce Rate Increasing or Dropping during Pandemic?
February 26, 2021
From AZBigMedia: Surprisingly, not only in the state of Arizona, but many other states are facing a decline number of divorce rate. Although people tend to believe and reasonably predict that pandemic and quarantine should have caused more irreconcilable problems between married couples which lead to a dissolution. In fact, recent American Family Survey data found the number of divorces dropped 11% from 2019 to 2020. Of the married couples surveyed, 65% said they appreciate their spouse more....
February 26, 2021
From AZBigMedia: Surprisingly, not only in the state of Arizona, but many other states are facing a decline number of divorce rate. Although people tend to believe and reasonably predict that pandemic and quarantine should have caused more irreconcilable problems between married couples which lead to a dissolution. In fact, recent American Family Survey data found the number of divorces dropped 11% from 2019 to 2020. Of the married couples surveyed, 65% said they appreciate their spouse more....
“The Empirical Reasonable Person” by Jaeger
February 25, 2021
The reasonable person standard is central to law, and to tort law in particular. But there is much debate about what it means for a person to be reasonable. Some scholars argue that reasonableness is an economic prescription, dictating that people should take (only) cost-justified precautions. Others contend that reasonableness is grounded in community customs or norms. Surprisingly, this scholarly debate has always been more philosophical than empirical. Though it is often lay jurors who determine...
February 25, 2021
The reasonable person standard is central to law, and to tort law in particular. But there is much debate about what it means for a person to be reasonable. Some scholars argue that reasonableness is an economic prescription, dictating that people should take (only) cost-justified precautions. Others contend that reasonableness is grounded in community customs or norms. Surprisingly, this scholarly debate has always been more philosophical than empirical. Though it is often lay jurors who determine...
The Promise and Peril of Automated Negotiators
February 24, 2021
Innovations in artificial intelligence are enabling a new class of applications that can negotiate with people through chat or spoken language. Developed in close collaboration with behavioral science research, these algorithms can detect, mimic, and leverage human psychology, enabling them to undertake such functions as the detection of common mistakes made by novice negotiators. These algorithms can simulate the cognitive processes that shape human negotiations and make use of these models to influence...
February 24, 2021
Innovations in artificial intelligence are enabling a new class of applications that can negotiate with people through chat or spoken language. Developed in close collaboration with behavioral science research, these algorithms can detect, mimic, and leverage human psychology, enabling them to undertake such functions as the detection of common mistakes made by novice negotiators. These algorithms can simulate the cognitive processes that shape human negotiations and make use of these models to influence...
Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation
February 23, 2021
While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy...
February 23, 2021
While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy...
Introduction to Special Issue: Artificial Intelligence, Technology, and Negotiation
February 22, 2021
This issue of Negotiation Journal is dedicated to the theme of artificial intelligence, technology, and negotiation. All of us, whether working in this area or not, are left to wonder what’s yet to come. It was years ago that Deep Blue beat world chess champion Garry Kasparov. Now perhaps even more impressively, IBM’s artificial intelligence‐based Project Debater has the capacity to craft and voice compelling arguments and improvise powerful rebuttals (see https://www.research.ibm.com/artificial‐intelligence/project‐debater/)....
February 22, 2021
This issue of Negotiation Journal is dedicated to the theme of artificial intelligence, technology, and negotiation. All of us, whether working in this area or not, are left to wonder what’s yet to come. It was years ago that Deep Blue beat world chess champion Garry Kasparov. Now perhaps even more impressively, IBM’s artificial intelligence‐based Project Debater has the capacity to craft and voice compelling arguments and improvise powerful rebuttals (see https://www.research.ibm.com/artificial‐intelligence/project‐debater/)....
