References
Arbitration of Employer Violations of the West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching and Continue Its Pursuit of Bliss
February 8, 2012
Pre-dispute arbitration clauses have become common in employment contracts. This Note examines arguments for and against such clauses. The author then compares the conflict between the U.S. Supreme Court and West Virginia decisions regarding the enforceability of the clauses.
February 8, 2012
Pre-dispute arbitration clauses have become common in employment contracts. This Note examines arguments for and against such clauses. The author then compares the conflict between the U.S. Supreme Court and West Virginia decisions regarding the enforceability of the clauses.
Mandatory Arbitration: How Private Actors Can Improve Their Footing on Unstable Ground
February 8, 2012
Mandatory arbitration agreements in the boilerplate of employment contracts has become more prevalent in the past two decades, and Daniels argues that companies should avoid the circumstances of a recent case upholding a mandatory arbitration agreement in the Tenth Circuit. Daniels notes that any policy change toward these agreements must come from Congress.
February 8, 2012
Mandatory arbitration agreements in the boilerplate of employment contracts has become more prevalent in the past two decades, and Daniels argues that companies should avoid the circumstances of a recent case upholding a mandatory arbitration agreement in the Tenth Circuit. Daniels notes that any policy change toward these agreements must come from Congress.
Lie Detection and the Negotiation Within
February 8, 2012
In this article, the author explores the way in which a negotiator's own desires may change throughout a negotiation. Understanding what one wants in a negotiation is key to responding to the lies or deception of an opposing negotiator.
February 8, 2012
In this article, the author explores the way in which a negotiator's own desires may change throughout a negotiation. Understanding what one wants in a negotiation is key to responding to the lies or deception of an opposing negotiator.
Blinking on the Bench: How Judges Decide Cases
February 8, 2012
How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency...
February 8, 2012
How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency...
Negotiation Basics for Cultural Resource Managers
February 8, 2012
Dorochoff discusses the steps of the negotiation process. In a workshop fashion, Dorochoff shows the reader a step-by-step procedure for conducting a negotiation, including how conflicts can arise and how they can be solved.
February 8, 2012
Dorochoff discusses the steps of the negotiation process. In a workshop fashion, Dorochoff shows the reader a step-by-step procedure for conducting a negotiation, including how conflicts can arise and how they can be solved.
Toward an Expanded Canon of Negotiation Theory: Identity, Ideological, and Values-Based Conflict and the Need for a New Heuristic
February 8, 2012
Beginning in the summer of 2003, as part of the Broad Field Project in conflict resolution directed by Christopher Honeyman, and in collaboration with Professor Andrea Schneider of the Marquette University Law School, an effort was made to elucidate a universal (or near universal) and interdisciplinary canon of negotiation. More specifically, the point was to go beyond the existing common core of negotiation topics or concepts readily agreed to be part of any negotiation curriculum, training module,...
February 8, 2012
Beginning in the summer of 2003, as part of the Broad Field Project in conflict resolution directed by Christopher Honeyman, and in collaboration with Professor Andrea Schneider of the Marquette University Law School, an effort was made to elucidate a universal (or near universal) and interdisciplinary canon of negotiation. More specifically, the point was to go beyond the existing common core of negotiation topics or concepts readily agreed to be part of any negotiation curriculum, training module,...
Punitive Damages: How Judges and Juries Perform
February 8, 2012
A substantial recent literature has documented the inability of jurors to make sound decisions with respect to punitive damages, particularly for health, safety, and environmental torts. Included in this literature are experimental studies documenting the better performance of judges than jurors for the same case scenarios. Recent research by Eisenberg et al. (2002) has suggested, however, that there is no significant difference between the performance of judges and jurors with respect to punitive...
February 8, 2012
A substantial recent literature has documented the inability of jurors to make sound decisions with respect to punitive damages, particularly for health, safety, and environmental torts. Included in this literature are experimental studies documenting the better performance of judges than jurors for the same case scenarios. Recent research by Eisenberg et al. (2002) has suggested, however, that there is no significant difference between the performance of judges and jurors with respect to punitive...
The Magical Number Seven, Plus or Minus Two: Some Limits on our Capacity for Processing Information
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Happily Never After: When Final and Binding Arbitration Has No Fairy Tale Ending
February 8, 2012
This article looks at the issue of court review of final and binding arbitrations. The authors argue that courts are extremely deferential in reviewing employment awards and that court review of arbitration is rapidly growing even though the chance of overturning an award is very poor.
February 8, 2012
This article looks at the issue of court review of final and binding arbitrations. The authors argue that courts are extremely deferential in reviewing employment awards and that court review of arbitration is rapidly growing even though the chance of overturning an award is very poor.
