Menu
Cognitive
Why Do We Respond to a Concession with Another Concession? Reciprocity and Compromise
January 31, 2017
All negotiation processes involve an exchange of concessions, and compromise is an agreement based on mutual concessions. Hence the questions investigated in this article: Why are concessions in negotiations always reciprocal? Why do negotiators follow this rule? And why do negotiators achieve these concessions through a process that we call compromise? Is there a connection between conceding and promising? In this article, I examine the structure of concession making and compromise through sociological,...
January 31, 2017
All negotiation processes involve an exchange of concessions, and compromise is an agreement based on mutual concessions. Hence the questions investigated in this article: Why are concessions in negotiations always reciprocal? Why do negotiators follow this rule? And why do negotiators achieve these concessions through a process that we call compromise? Is there a connection between conceding and promising? In this article, I examine the structure of concession making and compromise through sociological,...
Legal Theory Bookworm: “The Ethics of Influence” by Sunstein
January 29, 2017
The Legal Theory Bookworm recommends The Ethics of Influence: Government in the Age of Behavioral Science on SSRN. Here is the abstract: In recent years, 'Nudge Units' or 'Behavioral Insights Teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein,...
January 29, 2017
The Legal Theory Bookworm recommends The Ethics of Influence: Government in the Age of Behavioral Science on SSRN. Here is the abstract: In recent years, 'Nudge Units' or 'Behavioral Insights Teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein,...
Joke-Telling Could Make You Appear More Confident and Competent
January 23, 2017
A little humor in the workplace appears broadly beneficial: it can increase productivity and creativity and helps to build trust. But before you get too carried away attempting to stun your colleagues with your wit, you might want to heed the findings from new research in the Journal of Personality and Social Psychology, which focused on the effect of humour attempts on our personal status. The work shows that while a well-judged gag can cover us in glory, misses can have negative consequences. What’s...
January 23, 2017
A little humor in the workplace appears broadly beneficial: it can increase productivity and creativity and helps to build trust. But before you get too carried away attempting to stun your colleagues with your wit, you might want to heed the findings from new research in the Journal of Personality and Social Psychology, which focused on the effect of humour attempts on our personal status. The work shows that while a well-judged gag can cover us in glory, misses can have negative consequences. What’s...
The Men Who Started a Thinking Revolution
January 22, 2017
Our latest Freakonomics Radio episode is called “The Men Who Started a Thinking Revolution” (You can subscribe to the podcast...
January 22, 2017
Our latest Freakonomics Radio episode is called “The Men Who Started a Thinking Revolution” (You can subscribe to the podcast...
Revenge Really is Sweet
January 19, 2017
When we feel ostracised, we’re more likely to behave aggressively. Previous research suggests that vengeance on those who we think have wronged us can be driven by a sense of justice, and may activate neural reward centres. But being ostracised can also lead to generalised aggression, even lashing out at unrelated people, so there seems to be more going on. In new research in Journal of Personality and Social Psychology, David Chester and C. Nathan DeWall tested the idea that social rejection,...
January 19, 2017
When we feel ostracised, we’re more likely to behave aggressively. Previous research suggests that vengeance on those who we think have wronged us can be driven by a sense of justice, and may activate neural reward centres. But being ostracised can also lead to generalised aggression, even lashing out at unrelated people, so there seems to be more going on. In new research in Journal of Personality and Social Psychology, David Chester and C. Nathan DeWall tested the idea that social rejection,...
Destructive Thought Patterns
January 17, 2017
Ever find yourself obsessively re-thinking the same thoughts over and over again? Perhaps you’ve submitted a motion and rather than resigning the faith to the decision maker, you’re incessantly thinking about what you wrote, or forgot to include. Similarly, you may relive a conversation you’ve had with an opposing counsel, never mind the fact that the conversation took place months or even years ago. You experience all the emotions, outrage, frustration, anger, and the deep desire to strangle...
January 17, 2017
Ever find yourself obsessively re-thinking the same thoughts over and over again? Perhaps you’ve submitted a motion and rather than resigning the faith to the decision maker, you’re incessantly thinking about what you wrote, or forgot to include. Similarly, you may relive a conversation you’ve had with an opposing counsel, never mind the fact that the conversation took place months or even years ago. You experience all the emotions, outrage, frustration, anger, and the deep desire to strangle...
How Chronic Stress Erodes Memory
January 16, 2017
A recent study shows that sustained stress erodes memory with the immune system playing a key role in cognitive impairment. Specifically, the study researched the relationship between chronic stress and short-term memory in mice. The mice that were repeatedly introduced to the aggressive intruder had a difficult time remembering where the escape hole was, whereas the mice who were less stressed, remembered it. Additionally, the chronically stressed mice had evidence of inflammation in their brains,...
January 16, 2017
A recent study shows that sustained stress erodes memory with the immune system playing a key role in cognitive impairment. Specifically, the study researched the relationship between chronic stress and short-term memory in mice. The mice that were repeatedly introduced to the aggressive intruder had a difficult time remembering where the escape hole was, whereas the mice who were less stressed, remembered it. Additionally, the chronically stressed mice had evidence of inflammation in their brains,...
Texas Bar CLE: Litigation Update Institute 2017: Jan 26-27, 2017
January 12, 2017
Mediation in the Trenches: What Works and What Doesn't .75 hr (.25 ethics) Moderator Cade W. Browning, Abilene Browning Law Firm Joseph Casseb, San Antonio Goode Casseb Jones Riklin Choate & Watson Donald R. Philbin, Jr., San Antonio Donald R. Philbin, Jr., PC Hon. Phylis J. Speedlin, San Antonio Dykema Cox Smith
January 12, 2017
Mediation in the Trenches: What Works and What Doesn't .75 hr (.25 ethics) Moderator Cade W. Browning, Abilene Browning Law Firm Joseph Casseb, San Antonio Goode Casseb Jones Riklin Choate & Watson Donald R. Philbin, Jr., San Antonio Donald R. Philbin, Jr., PC Hon. Phylis J. Speedlin, San Antonio Dykema Cox Smith
Will Robots Ever Have Emotions?
January 6, 2017
Humans have emotions such as happiness, sadness, fear, and anger; and maybe otheranimals have them too. Robots are getting increasingly smarter, for example, the driverless cars that are now navigating city streets. What would it take to make a robot emotional, and would we ever want them to have that capacity? According to obsolete ideas, rationality and emotion are fundamentally opposed because rationality is a cold, calculating practice using deductive logic, probabilities, and utilities....
January 6, 2017
Humans have emotions such as happiness, sadness, fear, and anger; and maybe otheranimals have them too. Robots are getting increasingly smarter, for example, the driverless cars that are now navigating city streets. What would it take to make a robot emotional, and would we ever want them to have that capacity? According to obsolete ideas, rationality and emotion are fundamentally opposed because rationality is a cold, calculating practice using deductive logic, probabilities, and utilities....
McMichael, Van Horn, & Viscusi on Apology Laws
December 30, 2016
Benjamin McMichael, Lawrence Van Horn, and Kip Viscusi (all Vanderbilt) have posted to SSRN Sorry is Never Enough: The Effect of State Apology Laws on Medical Malpractice Liability Risk. The abstract provides: State apology laws offer a separate avenue from traditional damages-centric tort reforms to promote communication between physicians and patients and to address potential medical malpractice liability. These laws facilitate apologies from physicians by excluding statements of apology from...
December 30, 2016
Benjamin McMichael, Lawrence Van Horn, and Kip Viscusi (all Vanderbilt) have posted to SSRN Sorry is Never Enough: The Effect of State Apology Laws on Medical Malpractice Liability Risk. The abstract provides: State apology laws offer a separate avenue from traditional damages-centric tort reforms to promote communication between physicians and patients and to address potential medical malpractice liability. These laws facilitate apologies from physicians by excluding statements of apology from...
