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The Negotiator's Fieldbook
This book provides a comprehensive reference guide to negotiation and mediation. Negotiation skills can be learned--everything from managing fairness and power and understanding the other side and cultural differences to decision-making, creativity, and apology. Good negotiation is best approached from a multidisciplinary perspective that combines the best of theory and practice.
Optional Law
Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases. Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing ...
Making Amends
It is often assumed that wrongdoing can only be resolved through punishment or forgiveness. But this book explores the responses that wrongdoers can and should make to their own misdeeds, responses such as apology, repentance, reparations, and self-punishment. It examines the possibility of atonement in a broad spectrum of contexts -- from cases of relatively minor wrongs in personal relationships, to crimes, to the historical injustices of our political and religious communities. It argues that wrongdoers often have the ability to earn redemption within the moral community, that respect and trust among victims, communities and wrongdoers can be rebuilt, and that the moral responsibility of wrongdoing groups can be addressed without treating their members unfairly.
Yale Law Journal: Volume 122, Number 5 - March 2013
One of the world's leading law journals is available as an ebook. This issue of The Yale Law Journal (the 5th of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: Article: "Commandeering and Constitutional Change," by Wesley Campbell Article: "Parallel Exclusion," by C. Scott Hemphill & Tim Wu Essay: "Reconceptualizing the Burden of Proof," by Edward Cheng In addition, this March 2013 issue contains substantial student research in the form of Notes: one on administrative law, using a federal common law framework to fill a void for state agencies in implementing federal law, and another on evaluating attorney misconduct claims after the Maples case. Quality ebook formatting includes fully linked notes and an active Table of Contents (including linked Contents for individual articles and essays), as well as active URLs in notes and properly presented figures and graphics throughout.
Victims in the War on Crime
Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, bu...
Yale Law Journal
One of the world's leading law journals is available as an ebook. This issue of The Yale Law Journal (the sixth of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include an article analyzing rape-by-deception and the mythical idea of sexual autonomy, by Jed Rubenfeld; an essay on extortion and the principle of abuse of property right, by Larissa Katz; and a book review essay on the new generation of civil rights lawyers and the construction of racial identity, by Anthony Alfieri and Angela Onwuachi-Willig. The issue also features extensive student research, in the form of Notes and Comments, on such cutting-edge subjects as mandatory arbitration and contract procedure; the concept of ride-through in bankruptcy law as an economic good; kidney allocation and the limits of age discrimination law; and how civil law jurisdictions treat amici curiae parties and briefs. Quality ebook formatting includes fully linked notes and an active Table of Contents (including linked Contents for individual articles and essays), as well as active URLs in notes.
The Secrets of Gaining the Upper Hand in High Performance Negotiations
Although negotiations are an ever-present part of our everyday lives, many of us know little as to why we sometimes get our way, while on other occasions we walk away feeling frustrated that we did not reach the desired agreement or we may have left too much value on the table. Knowing how to gain the upper hand to get what is necessary from a negotiation is particularly important when the stakes are high, especially in a situation where a negotiator feels the options and choices are limited yet something must be achieved. A negotiation can cause a lot of stress, making the stakes even higher and the negotiation dynamics more difficult to manage. New communication technologies play an increa...
The Routledge Handbook of Intercultural Mediation
Offering unique coverage of an emerging, interdisciplinary area, this comprehensive handbook examines the theoretical underpinnings and emergent conceptions of intercultural mediation in related fields of study. Authored by global experts in fields from intercultural communication and conflict resolution to translation studies, literature, political science, and foreign language teaching, chapters trace the history, development, and present state of approaches to intercultural mediation. The sections in this volume show how the concept of intercultural mediation has been constructed among different fields and shaped by its specific applications in an open cycle of influence. The book parses different philosophical conceptions as well as pragmatic approaches, providing ample grounding in the key perspectives on this growing field of discourse. The Routledge Handbook of Intercultural Mediation is a valuable reference for graduate and postgraduate students studying mediation, conflict resolution, intercultural communication, translation, and psychology, as well as for practitioners and researchers in those fields and beyond.
Lawyers' Ethics and the Pursuit of Social Justice
Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.
