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| bargaining in the shadow of the law: Bargaining in the Shadow of the Law? Becky Batagol, Thea Brown, 2011 This book is a first-ever study of the role of law in family mediation. Written by two well-known Australian researchers in family dispute resolution, it uses real family mediation cases to explain what kind of protection from exploitation the law offers negotiators in informal processes. It helps us to better understand how private negotiations in family law work.In the current Australian and international family law environment, there is an almost universal emphasis upon separating families taking responsibility for resolving disputes themselves in a non-adversarial manner. In the context of such a sustained policy focus, the question of whether separating families use and are protected by the law in private settlement remains central to understanding the fairness of the system. Ultimately the book questions the success of recent family law reforms.This book will be of interest to policy makers, the legal profession, family dispute resolution practitioners, mediators, community organisations involved in family service provision, family law service providers as well as academics interested in family law, dispute resolution and the interrelationship between law and society. |
| bargaining in the shadow of the law: Negotiating at Work Deborah M. Kolb, Jessica L. Porter, 2015-01-27 Understand the context of negotiations to achieve better results Negotiation has always been at the heart of solving problems at work. Yet today, when people in organizations are asked to do more with less, be responsive 24/7, and manage in rapidly changing environments, negotiation is more essential than ever. What has been missed in much of the literature of the past 30 years is that negotiations in organizations always take place within a context—of organizational culture, of prior negotiations, of power relationships—that dictates which issues are negotiable and by whom. When we negotiate for new opportunities or increased flexibility, we never do it in a vacuum. We challenge the status quo and we build out the path for others to negotiate those issues after us. In this way, negotiating for ourselves at work can create small wins that can grow into something bigger, for ourselves and our organizations. Seen in this way, negotiation becomes a tool for addressing ineffective practices and outdated assumptions, and for creating change. Negotiating at Work offers practical advice for managing your own workplace negotiations: how to get opportunities, promotions, flexibility, buy-in, support, and credit for your work. It does so within the context of organizational dynamics, recognizing that to negotiate with someone who has more power adds a level of complexity. The is true when we negotiate with our superiors, and also true for individuals currently under represented in senior leadership roles, whose managers may not recognize certain issues as barriers or obstacles. Negotiating at Work is rooted in real-life cases of professionals from a wide range of industries and organizations, both national and international. Strategies to get the other person to the table and engage in creative problem solving, even when they are reluctant to do so Tips on how to recognize opportunities to negotiate, bolster your confidence prior to the negotiation, turn 'asks' into a negotiation, and advance negotiations that get stuck A rich examination of research on negotiation, conflict management, and gender By using these strategies, you can negotiate successfully for your job and your career; in a larger field, you can also alter organizational practices and policies that impact others. |
| bargaining in the shadow of the law: The Future of Remedies in Europe Tonia Novitz, Claire Kilpatrick, Paul Skidmore, 2000-11-20 This book explores the lively and often controversial dialogues between courts,national and supranational, on remedies. |
| bargaining in the shadow of the law: Reforming the Civil Justice System Larry Kramer, 1996-11 Papers from an October 1993 conference chart recent changes in US courts and the judicial system and suggest reforms for the problems these changes present. Sections survey pre-trial and the dynamics of settlement, trial and the role of science in the courts, and post-trial and the need to control jury decision making. Discussion includes areas such as settlement incentives, guiding jurors in valuing pain and suffering damages, and the treatment of scientific evidence after Daubert v. Merrell Dow. For judges, lawyers, and other law professionals. Annotation copyright by Book News, Inc., Portland, OR |
| bargaining in the shadow of the law: The Shadow Negotiation Deborah Kolb, Judith Williams, 2001-02-13 At last, here is a book that shows women how to recognize the Shadow Negotiation -- in which the unspoken attitudes, hidden assumptions, and conflicting agendas that drive the bargaining process play out -- and how to use that knowledge to their advantage. Each time people bargain over issues -- a promotion, a contract with a new client, a bigger role in decision-making -- a parallel negotiation unfolds beneath the surface of the formal discussion. Bargainers constantly maneuver to determine whose interests and needs will hold sway, whose opinions will matter, and how cooperative each person will be in reaching an agreement. How the issues are resolved hangs on the actions people take in the shadow negotiation, yet it is in this shadow negotiation that women most often run into trouble. The most productive negotiations take place when strong advocates can connect with each other. Good results depend equally on a bargainer's positioning her ideas for a fair hearing and on being open to the other side's point of view. But traditionally women have not fared well on either front. Often, they let negotiable moments slip by and take the first no as a final answer, or their efforts to be responsive to the other side's position are interpreted as accommodation. As a result, women can come away from negotiations with fewer dollars, perks, plum assignments, or less say in decision-making than men. To negotiate effectively, women must pay attention to acts of self-sabotage as well as to the moves others make in the shadow negotiation. By bargaining more strategically, women can establish the terms of their advocacy, their voice, and at the same time encourage the open communication essential to a collaborative discussion in which not only acceptable, but creative, agreements can be worked out. Written by Deborah M. Kolb and Judith Williams, two authorities in the field, The Shadow Negotiation shows women a whole new way to think about the negotiation process. Kolb and Williams identify the common stumbling blocks that women encounter and present a game plan for turning their particular strengths to their advantage. Based on extensive interviews with hundreds of business-women, The Shadow Negotiation provides women with a clear, insightful guide to the hidden machinations that are at work in every bargaining situation. |
| bargaining in the shadow of the law: Beyond Winning Robert H. Mnookin, Scott R. Peppet, Andrew S. Tulumello, 2004-04-15 Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession. |
| bargaining in the shadow of the law: Bargaining with the Devil Robert Mnookin, 2010-02-09 The art of negotiation—from one of the country’s most eminent practitioners and the Chair of the Harvard Law School’s Program on Negotiation. One of the country’s most eminent practitioners of the art and science of negotiation offers practical advice for the most challenging conflicts—when you are facing an adversary you don’t trust, who may harm you, or who you may even feel is evil. This lively, informative, emotionally compelling book identifies the tools one needs to make wise decisions about life’s most challenging conflicts. |
| bargaining in the shadow of the law: Discussions in Dispute Resolution Art Hinshaw, Andrea Kupfer Schneider, Sarah Rudolph Cole, 2021 Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy. |
| bargaining in the shadow of the law: Research Handbook on Plea Bargaining and Criminal Justice Máximo Langer, Mike McConville, Luke Marsh, 2024-04-12 Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided. |
| bargaining in the shadow of the law: Advances in Psychology and Law Brian H. Bornstein, Monica K. Miller, 2019-02-05 The present volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. Notably, the majority of these topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere, as evidenced by programs at the American Psychology-Law Society and related conferences. Topics for the present volume include: attitudes toward the police (Cole et al.), alibis (Charman et al.), hate crimes based on gender and sexual orientation (Plumm & Leighton), the role of gender at trial (Livingston et al.), neuroimages in court (Glen), intimate partner violence (Mauer & Reppucci), post-identification feedback (Douglass & Smalarz) and individual differences in eyewitness identification (Snowden & Bornstein), veterans’ wellbeing (Berthelot & Prager), and plea bargaining (Levett). |
| bargaining in the shadow of the law: Handbook of Research on Scholarly Publishing and Research Methods Wang, Victor C. X., 2014-12-31 For faculty to advance their careers in higher education, publishing is essential. A competitive marketplace, strict research standards, and scrupulous tenure committees are all challenges academicians face in publishing their research and achieving tenure at their institutions. The Handbook of Research on Scholarly Publishing and Research Methods assists researchers in navigating the field of scholarly publishing through a careful analysis of multidisciplinary research topics and recent trends in the industry. With its broad, practical focus, this handbook is of particular use to researchers, scholars, professors, graduate students, and librarians. |
| bargaining in the shadow of the law: The Handbook of Dispute Resolution Michael L. Moffitt, Robert C. Bordone, 2012-06-28 This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences. |
| bargaining in the shadow of the law: Optional Law Ian Ayres, 2010-02-15 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 to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information. Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules. |
| bargaining in the shadow of the law: Handbook of law and economics A. Mitchell Polinsky, Steven Shavell, 2007 Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. This two volume Handbook is intended to foster the study of the legal system by economists. The two volumes form a comprehensive and accessible survey of the current state of the field. Chapters prepared by leading specialists of the area. Summarizes received results as well as new developments.--[Source inconnue]. |
| bargaining in the shadow of the law: Current Legal Problems 2010 George Letsas, Colm O'Cinneide, 2011-01-30 This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more. |
| bargaining in the shadow of the law: A System of Pleas Vanessa A. Edkins, Allison D. Redlich, 2019-03-06 Over 95% of criminal convictions are by guilty plea. Trials are the rarity, and while much has been written on jury decision making and various parts of the trial process, the field has been largely silent on the practice that is most likely to affect an individual charged with a crime: plea bargaining. A System of Pleas: Social Science's Contributions to the Real Legal System brings together into one resource the burgeoning body of research on plea bargaining. Drawing attention to the fact that convictions today are nearly synonymous with guilty pleas, this contributed volume begins with an overview and history of plea bargaining, with chapters focusing on defendants, defense attorneys and prosecutors and plea bargains; influences on plea decision-making, including race, juvenile justice system involvement, and innocence; and the results of a system of pleas, such as sentencing disparities and mass incarceration, collateral consequences, and disenfranchisement. A concluding chapter by the volume's editors examines ways to move forward within an entrenched system. An excellent reference tool for furthering both research and practice, A System of Pleas is a must-have for academics and legal professionals interested in the fields of criminal justice, psychology and law, and related disciplines. |
| bargaining in the shadow of the law: The Rights Revolution Revisited Lynda G. Dodd, 2018-01-25 Examines the implementation of the rights revolution, bringing together a distinguished group of political scientists and legal scholars who study the roles of agencies and courts in shaping the enforcement of civil rights statutes. |
| bargaining in the shadow of the law: Order without Law Robert C. ELLICKSON, Robert C Ellickson, 2009-06-30 Integrating the current research in law, economics, sociology, game theory and anthropology, this text demonstrates that people largely govern themselves by means of informal rules - social norms - without the need for a state or other central co-ordinator to lay down the law. |
| bargaining in the shadow of the law: Muslim Marriage in Western Courts Pascale Fournier, 2016-04-29 This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these intertwined tensions forms an important underpinning for the book. Through the analysis of case law from these four countries, this study suggests that transplanting Mahr from Islamic law into a Western courtroom cannot be undone: it immediately becomes rooted in the countries' legal, historical, political, and social backgrounds and flourishes (or fails) in diverse and unexpected ways. Rather than being the concept described by classical Islamic jurists, Mahr is interpreted according to wildly varied legal constructs and concepts such as multiculturalism, fairness, public policy, and gender equality. Moreover, Islamic law travels with a multiplicity of voices, and it is this complex hybridity (a fragmented and disjointed Mahr) which will be mediated through Western law. Returning to the overarching concept of liberalism, the book proposes that distributive consequences rather than recognition occupy central place in the evaluation of the legal options available to Muslim women upon divorce. |
| bargaining in the shadow of the law: New Private Law Theory Stefan Grundmann, Hans-W. Micklitz, Moritz Renner, 2021-03-18 New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law. |
| bargaining in the shadow of the law: Law and Religious Pluralism in Canada Richard J. Moon, 2009-05-01 Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere. |
| bargaining in the shadow of the law: African Migration, Human Rights and Literature Fareda Banda, 2020-12-24 This innovative book looks at the topic of migration through the prism of law and literature. The author uses a rich mix of novels, short stories, literary realism, human rights and comparative literature to explore the experiences of African migrants and asylum seekers. The book is divided into two. Part one is conceptual and focuses on art activism and the myriad ways in which people have sought to 'write justice.' Using Mazrui's diasporas of slavery and colonialism, it then considers histories of migration across the centuries before honing in on the recent anti-migration policies of western states. Achiume is used to show how these histories of imposition and exploitation create a bond which bestows on Africans a “status as co-sovereigns of the First World through citizenship.” The many fictional examples of the schemes used to gain entry are set against the formal legal processes. Attention is paid to life post-arrival which for asylum seekers may include periods in detention. The impact of the increased hostility of receiving states is examined in light of their human rights obligations. Consideration is paid to how Africans navigate their post-migration lives which includes reconciling themselves to status fracture-taking on jobs for which they are over-qualified, while simultaneously dealing with the resentment borne of status threat on the part of the citizenry. Part two moves from the general to consider the intersections of gender and status focusing on women, LGBTI individuals and children. Focusing on their human rights and the fictional literature, chapter four looks at women who have been trafficked as well as domestic workers and hotel maids while chapter five is on LGBTI people whose legal and literary stories are only now being told. The final substantive chapter considers the experiences of children who may arrive as unaccompanied minors. Using a mixture of poetry and first person accounts, the chapter examines the post-arrival lives of children, some of whom may be citizens but who are continually made to feel like outsiders. The conclusion follows, starting with two stories about walls by Hadero and Lanchester which are used to illustrate the themes discussed in the book. Few African lawyers write about literature and few books and articles in Western law and literature look at books by or about Africans, so a book that engages with both is long overdue. This book provides fascinating reading for academics, students of law, literature, gender and migration studies, and indeed the general public. |
| bargaining in the shadow of the law: Making Law for Families Mavis Maclean, 2000-12 This book analyzes the concept of the family in the context of increasing challenges and questions created by multicultural societies. |
| bargaining in the shadow of the law: The Transformation of Enforcement Hans-W Micklitz, Andrea Wechsler, 2016-04-07 This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines. |
| bargaining in the shadow of the law: Let's Make a Deal Herbert M. Kritzer, 1991 Veteran San Francisco policeman Mullen is out to clean up the reputation of the town by re-evaluating the activity and goals of the 1851 Vigilance Committee, which has loomed so large in historical interpretations. He analyzes the incidence of crime, and describes the development of courts, police, and jails from 1846 to 1852. Describes the day-to-day negotiation and settlement process, which keeps 99% of all lawsuits from ever coming to court. The data is drawn from interviews with lawyers involved in state and federal cases, so the perspective is a lawyer's rather than a litigant's. Paper edition (unseen), $12.95. Annotation copyrighted by Book News, Inc., Portland, OR |
| bargaining in the shadow of the law: Vacant Possession Keith Shaw, 2010-10-13 Vacant possession is an element of property law that ensures a property is left in good condition when it changes hands. Every time a property is sold, or if tenants move out of rented property, vacant possession is unavoidable; a vital part of the job of any property lawyer or surveyor. Yet this is the first book to look at this area in depth. If a property professional understands vacant possession they can make sure their cases move quickly and complete at a time that suits them. If they do not, they are vulnerable to others who know it better and can use the law to frustrate proceedings for months or even years while their clients continue to pay money on rent or mortgage payments for properties they're not using. This book is essential reading for all property lawyers and surveyors. It is destined to be the definitive guide to vacant possession. |
| bargaining in the shadow of the law: From Bedroom to Courtroom Saundra Schwartz, 2017-01-23 From Bedroom to Courtroom argues that the fictional trial scenes in the Greek ideal romances reflect Roman legal institutions and ideas, particularly relating to family and sexuality. Given the genre's emphasis on love and chastity, the specter of adultery looms over most of the scenarios that develop into elaborate trials. Such scenes shed light on the Greek reception of the criminalization of adultery promulgated by the moral legislation during the reign of Augustus. This book focuses on three major novels whose composition coincided with the extension of Roman citizenship when access to Roman courts was granted to increasing numbers of inhabitants of the eastern provinces of the Roman Empire. Chariton's Callirhoe is interpreted as an artifact of the generation after the implementation of the Augustan moral legislation, particularly its criminalization of adultery. Achilles Tatius' Leucippe and Clitophon was created in a legally pluralistic milieu where shrewd sophists learned to navigate and exploit the interstices between the overlapping jurisdictions of imperial and local law. Finally, Heliodorus' Aethiopica, widely regarded as the masterpiece of the genre, adapts the type-scene of the trial to present a series of case studies of different types of government, culminating in the utopian kingdom of Meroe. Through the novels' melodramatic trial scenes, we can begin to see how the opening of Roman courtroom to Greek-speaking citizens of the Roman Empire stimulated dreams of a world in which universal justice under Rome was wed to Hellenism. |
| bargaining in the shadow of the law: Enhanced Dispute Resolution Through the Use of Information Technology Arno R. Lodder, John Zeleznikow, 2010-06-03 Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution. |
| bargaining in the shadow of the law: Natural Law and the Nature of Law Jonathan Crowe, 2019-04-25 Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence. |
| bargaining in the shadow of the law: Securities Investor Protection Act of 1991 United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities, 1992 |
| bargaining in the shadow of the law: A Judgment for Solomon Michael Grossberg, 1996-02-23 A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want. |
| bargaining in the shadow of the law: AI Approaches to the Complexity of Legal Systems Pompeu Casanovas, Ugo Pagallo, Monica Palmirani, Giovanni Sartor, 2014-12-09 This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR). |
| bargaining in the shadow of the law: Data Visualization and Statistical Literacy for Open and Big Data Prodromou, Theodosia, 2017-03-20 Data visualization has emerged as a serious scholarly topic, and a wide range of tools have recently been developed at an accelerated pace to aid in this research area. Examining different ways of analyzing big data can result in increased efficiency for many corporations and organizations. Data Visualization and Statistical Literacy for Open and Big Data highlights methodological developments in the way that data analytics is both learned and taught. Featuring extensive coverage on emerging relevant topics such as data complexity, statistics education, and curriculum development, this publication is geared toward teachers, academicians, students, engineers, professionals, and researchers that are interested in expanding their knowledge of data examination and analysis. |
| bargaining in the shadow of the law: American Law Lawrence M. Friedman, Grant M. Hayden, 2016-11-21 This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text. This edition reflects upon what has happened in the years since the second edition was published in 1998, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today. |
| bargaining in the shadow of the law: The Routledge Handbook of Anarchy and Anarchist Thought Gary Chartier, Chad Van Schoelandt, 2020-12-30 This Handbook offers an authoritative, up-to-date introduction to the rich scholarly conversation about anarchy—about the possibility, dynamics, and appeal of social order without the state. Drawing on resources from philosophy, economics, law, history, politics, and religious studies, it is designed to deepen understanding of anarchy and the development of anarchist ideas at a time when those ideas have attracted increasing attention. The popular identification of anarchy with chaos makes sophisticated interpretations—which recognize anarchy as a kind of social order rather than an alternative to it—especially interesting. Strong, centralized governments have struggled to quell popular frustration even as doubts have continued to percolate about their legitimacy and long-term financial stability. Since the emergence of the modern state, concerns like these have driven scholars to wonder whether societies could flourish while abandoning monopolistic governance entirely. Standard treatments of political philosophy frequently assume the justifiability and desirability of states, focusing on such questions as, What is the best kind of state? and What laws and policies should states adopt?, without considering whether it is just or prudent for states to do anything at all. This Handbook encourages engagement with a provocative alternative that casts more conventional views in stark relief. Its 30 chapters, written specifically for this volume by an international team of leading scholars, are organized into four main parts: I. Concept and Significance II. Figures and Traditions III. Legitimacy and Order IV. Critique and Alternatives In addition, a comprehensive index makes the volume easy to navigate and an annotated bibliography points readers to the most promising avenues of future research. |
| bargaining in the shadow of the law: The Oxford Handbook of Psychology and Law David DeMatteo, Kyle C. Scherr, 2023-02-17 The field of psychology-law is extremely broad, encompassing a strikingly large range of topic areas in both applied psychology and experimental psychology. Despite the continued and rapid growth of the field, there is no current and comprehensive resource that provides coverage of the major topic areas in the psychology-law field. The Oxford Handbook of Psychology and Law is an up-to-date, scholarly, and comprehensive volume that provides broad coverage of psychology-law topics. The field of psychology-law can be broadly divided into applied and experimental domains. Whereas applied specialties in psychology, such as clinical, counseling, neuropsychology, and school, are typically grounded in the scientist-practitioner model that emphasizes both research and the provision of clinical services (e.g., assessment, therapy), experimental psychology focuses almost exclusively on conducting empirical research grounded in theories from areas such as cognitive, developmental, and social psychology. Importantly, both applied and experimental psychologists have made meaningful contributions to the psychology-law field, and each of these domains of the psychology-law field includes a range of well-developed topic areas with robust empirical support. This book provides comprehensive coverage of applied and experimental topic areas, with chapters written by a diverse group of well-established psychology-law scholars and emerging future leaders-- |
| bargaining in the shadow of the law: The Autonomy of Labour Law Alan Bogg, Cathryn Costello, ACL Davies, Jeremias Adams-Prassl, 2015-03-26 To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory. |
| bargaining in the shadow of the law: Divorce Lawyers and Their Clients Austin Sarat, William L. F. Felstiner, 1995 Based on over 100 lawyer-client conferences at which the authors were observers, this book charts the complicated and shifting relationships between the two as they work out the strategy and tactics of divorce. It also examines the nature of the marriage and why marriages fail, the nature of the legal process and the best way to resolve divorce. |
| bargaining in the shadow of the law: The Blackwell Companion to Law and Society Austin Sarat, 2008-04-15 The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as Third World scholarship. |
| bargaining in the shadow of the law: The Law and Society Canon Carroll Seron, 2018-02-06 This volume presents seminal monographs that continue to shape the contemporary discipline of law and society. Long before the turn toward cultural analysis of social institutions, socio-legal scholars demonstrated the ways in which law and its activities is contingent on the context of time, place, and hierarchy. The works selected for this volume demonstrate this foundational principle of the discipline of law and society. |
BARGAINING | English meaning - Cambridge Dictionary
BARGAINING definition: discussions between people in order to reach agreement on something such as prices, wages, working…. Learn more.
BARGAINING Definition & Meaning - Merriam-Webster
: an agreement between parties settling what each is to give or receive in a business deal. : something bought or offered for sale at a desirable price. : an agreement between parties that …
Bargaining - Wikipedia
In the social sciences, bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service debate the price or nature of a transaction. If the bargaining produces …
Collective Bargaining - Definition, Meaning, Examples, and Types
Dec 27, 2014 · Collective bargaining is the negotiation process that takes place between an employer and a group of employees when certain issues arise.
bargaining noun - Definition, pictures, pronunciation and ...
Definition of bargaining noun in Oxford Advanced Learner's Dictionary. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more.
Bargaining - definition of bargaining by The Free Dictionary
Something offered or acquired at a price advantageous to the buyer: That silk dress is a bargain at that price. 1. To negotiate the terms of an agreement, as to sell or exchange. 2. To engage in …
What does bargaining mean? - Definitions.net
Bargaining is a negotiation process between two or more parties where each aims to reach an agreement that suits their interests, needs, or desires, often involving adjustments of certain …
BARGAINING | English meaning - Cambridge Dictionary
BARGAINING definition: discussions between people in order to reach agreement on something such as prices, wages, working…. Learn more.
BARGAINING Definition & Meaning - Merriam-Webster
: an agreement between parties settling what each is to give or receive in a business deal. : something bought or offered for sale at a desirable price. : an agreement between parties that …
Bargaining - Wikipedia
In the social sciences, bargaining or haggling is a type of negotiation in which the buyer and seller of a good or service debate the price or nature of a transaction. If the bargaining produces …
Collective Bargaining - Definition, Meaning, Examples, and Types
Dec 27, 2014 · Collective bargaining is the negotiation process that takes place between an employer and a group of employees when certain issues arise.
bargaining noun - Definition, pictures, pronunciation and ...
Definition of bargaining noun in Oxford Advanced Learner's Dictionary. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more.
Bargaining - definition of bargaining by The Free Dictionary
Something offered or acquired at a price advantageous to the buyer: That silk dress is a bargain at that price. 1. To negotiate the terms of an agreement, as to sell or exchange. 2. To engage …
What does bargaining mean? - Definitions.net
Bargaining is a negotiation process between two or more parties where each aims to reach an agreement that suits their interests, needs, or desires, often involving adjustments of certain …
