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Oberdiek on a Normative Theory of Risk Imposition
November 29, 2017
John Oberdiek (Rutgers Law School) has posted Imposing Risk: A Normative Framework (OUP, 2017) (Introduction) on SSRN. Here is the abstract: This is the Introduction to Imposing Risk: A Normative Framework (Oxford University Press, 2017). Human life has always been shadowed by risks like disease and natural disaster, but modern life is distinctively risky. In the first instance, today, risk utterly permeates life. The sheer variety and scope of risks that attend industrialized and industrializing...
November 29, 2017
John Oberdiek (Rutgers Law School) has posted Imposing Risk: A Normative Framework (OUP, 2017) (Introduction) on SSRN. Here is the abstract: This is the Introduction to Imposing Risk: A Normative Framework (Oxford University Press, 2017). Human life has always been shadowed by risks like disease and natural disaster, but modern life is distinctively risky. In the first instance, today, risk utterly permeates life. The sheer variety and scope of risks that attend industrialized and industrializing...
Rachlinski & Wistrich on Empirical Investigation of Judicial Impartiality
November 28, 2017
Jeffrey J. Rachlinski and Andrew J. Wistrich (Cornell Law School and California Central District Court) have posted Judging...
November 28, 2017
Jeffrey J. Rachlinski and Andrew J. Wistrich (Cornell Law School and California Central District Court) have posted Judging...
Dealing with Difficult People
November 22, 2017
For professionals, dealing with difficult people provides a challenge and exhausts us. From the National Jurist, legal coach John Allison offers this advice: It is also important to accept the fact that you cannot change the other person. You can only control your response to the person’s behavior. By using one or more of these techniques you can deal with a difficult person without becoming reactive and adversarial: Remain calm and centered – don’t let the person throw you off balance...
November 22, 2017
For professionals, dealing with difficult people provides a challenge and exhausts us. From the National Jurist, legal coach John Allison offers this advice: It is also important to accept the fact that you cannot change the other person. You can only control your response to the person’s behavior. By using one or more of these techniques you can deal with a difficult person without becoming reactive and adversarial: Remain calm and centered – don’t let the person throw you off balance...
Choice Architecture Versus Price: Comparing the Effects of Changes in the U.S. Student Loan Market
November 12, 2017
We show that changes in choice architecture have a large effect on student loan decisions while we do not find significant effects of sizeable interest rate changes. We evaluate the effect of two polices implemented in 2010 by the U.S. Department of Education: (1) the requirement that all applicants for private student loans fill out a Self-Certification Form, which includes various disclosures about federal student aid, and (2) the prohibition of presenting a private student loan as a default option...
November 12, 2017
We show that changes in choice architecture have a large effect on student loan decisions while we do not find significant effects of sizeable interest rate changes. We evaluate the effect of two polices implemented in 2010 by the U.S. Department of Education: (1) the requirement that all applicants for private student loans fill out a Self-Certification Form, which includes various disclosures about federal student aid, and (2) the prohibition of presenting a private student loan as a default option...
Negotiation Journal Issue Dedicated to Howard Raiffa
November 2, 2017
We dedicate this issue of the Negotiation Journal to the accomplishments, wisdom, sprit, and memory of Howard Raiffa. It has been curated by guest editors James Sebenius and Max Bazerman, who have assembled an exceptional collection of reflections, commentaries, and testimonials – instructive as well as appreciative. Howard Raiffa was among the founding architects of decision science, game theory, and negotiation analysis as fields, as well as one of the founders of the Program on Negotiation...
November 2, 2017
We dedicate this issue of the Negotiation Journal to the accomplishments, wisdom, sprit, and memory of Howard Raiffa. It has been curated by guest editors James Sebenius and Max Bazerman, who have assembled an exceptional collection of reflections, commentaries, and testimonials – instructive as well as appreciative. Howard Raiffa was among the founding architects of decision science, game theory, and negotiation analysis as fields, as well as one of the founders of the Program on Negotiation...
Giving the People What They Want: Mediating in an Online, Big Data, Artificial Intelligence World
November 1, 2017
“GIVING THE PEOPLE WHAT THEY WANT: MEDIATING IN AN ON-LINE, BIG DATA, ARTIFICIAL INTELLIGENCE WORLD” Karl Bayer, IAM Distinguished Fellow, Austin, TX Brian Kuhn, IBM Watson Legal Team Colin Rule, Tyler Technologies Don Philbin, IAM Distinguished Fellow, San Antonio, TX
November 1, 2017
“GIVING THE PEOPLE WHAT THEY WANT: MEDIATING IN AN ON-LINE, BIG DATA, ARTIFICIAL INTELLIGENCE WORLD” Karl Bayer, IAM Distinguished Fellow, Austin, TX Brian Kuhn, IBM Watson Legal Team Colin Rule, Tyler Technologies Don Philbin, IAM Distinguished Fellow, San Antonio, TX
Strategic Negotiations: The Right Number at the Wrong Time is the Wrong Number
October 31, 2017
Decisional errors are costly. Drawing on law, behavioral economics, psychology, and historical data, including a one-of-a-kind offer pattern database, we will explore ways to reduce impasse. We’ll graph specific negotiations and watch as the parties fall into predictable patterns – including the cognitive biases that make negotiations interesting. That data will provide the grist for group discussion and forming tools mediators can use to reduce impasse immediately. SABA Brown...
October 31, 2017
Decisional errors are costly. Drawing on law, behavioral economics, psychology, and historical data, including a one-of-a-kind offer pattern database, we will explore ways to reduce impasse. We’ll graph specific negotiations and watch as the parties fall into predictable patterns – including the cognitive biases that make negotiations interesting. That data will provide the grist for group discussion and forming tools mediators can use to reduce impasse immediately. SABA Brown...
The Psychology and Neurobiology of Mediation
October 30, 2017
This article discusses the neurobiology of what is perhaps the most common problem in mediation: people take the conflict personally and the outcome of the mediation as a reflection of who they are. Learning to let go of this identification of the self with outcome -- with “face” or “ego” issues -- has psychological and spiritual dimensions. To define the problem first in psychological terms: the process through which parties, counsel, and even the mediator, learn to let go of their ego-based...
October 30, 2017
This article discusses the neurobiology of what is perhaps the most common problem in mediation: people take the conflict personally and the outcome of the mediation as a reflection of who they are. Learning to let go of this identification of the self with outcome -- with “face” or “ego” issues -- has psychological and spiritual dimensions. To define the problem first in psychological terms: the process through which parties, counsel, and even the mediator, learn to let go of their ego-based...
A Book to Help Judges Understand Cognitive Biases
October 16, 2017
The ABA House of Delegates recently passed a resolution urging all courts and all bar associations to provide judges with debiasing training. I recently published a book that can be used for this purpose: E, Scott Fruehwald, Overcoming Cognitive Biases: Thinking More Clearly and Avoiding Manipulation by Others (2017). The Report supporting the Resolution states, "Everyone carries with them implicit biases formed throughout their life. While sometimes innocuous and generally subconscious,...
October 16, 2017
The ABA House of Delegates recently passed a resolution urging all courts and all bar associations to provide judges with debiasing training. I recently published a book that can be used for this purpose: E, Scott Fruehwald, Overcoming Cognitive Biases: Thinking More Clearly and Avoiding Manipulation by Others (2017). The Report supporting the Resolution states, "Everyone carries with them implicit biases formed throughout their life. While sometimes innocuous and generally subconscious,...
The Neuroscience of Contagious Laughter
October 15, 2017
Long before modern brain imaging technologies illuminated the neurophysiological mechanisms that make laughter contagious, William James (1842-1910) observed, "We don't laugh because we're happy, we're happy because we laugh." Although philosophers and psychologists have speculated about the role that laughter plays in social bonding for eons, until recently, there was relatively little empirical evidence that explained why laughter is contagious for most of us. Or, the neural reasons some...
October 15, 2017
Long before modern brain imaging technologies illuminated the neurophysiological mechanisms that make laughter contagious, William James (1842-1910) observed, "We don't laugh because we're happy, we're happy because we laugh." Although philosophers and psychologists have speculated about the role that laughter plays in social bonding for eons, until recently, there was relatively little empirical evidence that explained why laughter is contagious for most of us. Or, the neural reasons some...
