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.
Who should count as Jewish in America? What should be the relationship of American Jews to Israel? Can the American Jewish community collectively sustain and pass on to the next generation a sufficient sense of Jewish identity? The situation of American Jews today is deeply paradoxical. Jews have achieved unprecedented integration, influence, and esteem in virtually every facet of American life. But this extraordinarily diverse community now also faces four critical and often divisive challenges: rampant intermarriage, weak religious observance, diminished cohesion in the face of waning anti-Semitism, and deeply conflicting views about Israel. Can the American Jewish community collectively sustain and pass on to the next generation a sufficient sense of Jewish identity in light of these challenges? Who should count as Jewish in America? What should be the relationship of American Jews to Israel? In this thoughtful and perceptive book, Robert H. Mnookin argues that the answers of the past no longer serve American Jews today. The book boldly promotes a radically inclusive American-Jewish community -- one where being Jewish can depend on personal choice and public self-identification, not simply birth or formal religious conversion. Instead of preventing intermarriage or ostracizing those critical of Israel, he envisions a community that embraces diversity and debate, and in so doing, preserves and strengthens the Jewish identity into the next generation and beyond.
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.
Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. The first book to examine the social and legal realities of how divorcing parents make arrangements for their children, Dividing the Child is based on a large, representative study of families from a wide range of socioeconomic levels. Maccoby and Mnookin followed a group of more than one thousand families for three years after the parents filed for divorce. Their findings show how different divorce agreements are reached, from uncontested dealings to formal judicial rulings, and how various custody arrangements fare as time passes and family circumstances change. Numerous examples of joint custody and father custody are considered in this account, along with the mother-custody families more commonly studied; and in most cases the point of view of both parents is presented. Among families in which children spend time in both parental households, the authors identify three different patterns of co-parenting: cooperative, conflicted, and disengaged. They find that although divorcing parents seldom engage in formal legal disputes, they are generally unable to cooperate effectively in raising their children. Full of interesting findings with far-reaching implications, this book will be invaluable to the lawyers, judges, social workers, and parents who, more and more often, must make wise and informed decisions concerning the welfare and care of children of divorce.
A landmark publication in its first edition, this was one of the first books to explore the full range of legal questions relating to children. This casebook presents an outstanding selection of cases and materials that reflect social and historical perspectives, law, and policy. Features:“/P> Life without Possibility of Parole for Persons Who Commit Crimes as Juveniles Graham v. Florida, 130 S. Ct. 2011 (2010) Miller v. Alabama, 132 S. Ct. 2455 (2012) Juveniles' Fourth Amendment Rights Safford Unified School District v. Redding, 557 U.S. 364 (2009) Juveniles Miranda Rights J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011) Juveniles First Amendment Rights Brown v. Entertainment Merchants Assn.,131 S. Ct. 2729 (2011) The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
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.
Who should count as Jewish in America? What should be the relationship of American Jews to Israel? Can the American Jewish community collectively sustain and pass on to the next generation a sufficient sense of Jewish identity? The situation of American Jews today is deeply paradoxical. Jews have achieved unprecedented integration, influence, and esteem in virtually every facet of American life. But this extraordinarily diverse community now also faces four critical and often divisive challenges: rampant intermarriage, weak religious observance, diminished cohesion in the face of waning anti-Semitism, and deeply conflicting views about Israel. Can the American Jewish community collectively sustain and pass on to the next generation a sufficient sense of Jewish identity in light of these challenges? Who should count as Jewish in America? What should be the relationship of American Jews to Israel? In this thoughtful and perceptive book, Robert H. Mnookin argues that the answers of the past no longer serve American Jews today. The book boldly promotes a radically inclusive American-Jewish community -- one where being Jewish can depend on personal choice and public self-identification, not simply birth or formal religious conversion. Instead of preventing intermarriage or ostracizing those critical of Israel, he envisions a community that embraces diversity and debate, and in so doing, preserves and strengthens the Jewish identity into the next generation and beyond.
In Habits of the Heart, Robert Bellah found that American's lives exhibit strong strains of both individualism and communitarianism, but that their predominant language is that of individualism. American law reveals a similar pattern, both in the dominance of individualist rhetoric and in the existence of a quieter, often unnoticed, communitarian strain. Law and Community: The Case of Torts uses tort law--the law through which individuals recover from those who have injured them--as a window through which to explore the relationship between law and community. Tort rules are frequently American society's method of sorting out the rights and responsibilities of individuals, and the authors find that tort law exhibits communitarian strains even as it attempts to protect individuals from harm. Robert F. Cochran Jr. and Robert M. Ackerman eloquently argue that we should balance our concern for individual rights with the need to preserve those institutions--such as families, religious congregations, and governments--that help build the social capital that keeps society together.
As lawyers move from one firm to another or from private practice into another sphere -- and as firms restructure to meet increasing economic demands -- numerous ethical, practical, and financial questions arise. Hillman on Lawyer Mobility is your definitive guide to this fast developing area of law.Hillman analyzes and clarifies all the urgent legal and ethical ramifications in such areas as: The downsizing of law firmsDisputes over the existence of a partnershipRestrictive covenantsDisincentives to competitionOne-sided fee-sharing agreementsNotice of withdrawalSection 42 elections for withdrawing partnersFiles as property of clientsRetaining liensEnforcement of ethics standards through arbitrationCollateral c
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.
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Introduction to public law and economics -- Theory of bargaining -- Bargaining applications -- Theory of voting -- Voting applications -- Theory of entrenchment -- Entrenchment applications -- Theory of delegation -- Delegation applications -- Theory of adjudication -- Adjudication applications -- Theory of enforcement -- Enforcement applications.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988.
Today's professionals, especially women, are caught in a time paradox: can they build a career and a family at the same time? The Part-time Paradox explores the conflict and tension between the time demands of career and family life, and the choice of part-time work as a solution. The changing demographics of the family and the work place make it increasingly difficult for both men and women to meet the escalating time pressures facing a doctor, lawyer or manager. This book examines the social problems associated with demanding work schedules and choices, and also illustrates successful alternatives to full-time employment. It draws on interviews with attorneys in large law firms, in-house corporate counsels, and government service in order to explore the multiple dimensions of the part-time work solution. Although attitudes are beginning to change, one of the greatest impediments to part-time work is the stigma attached to it in many organizations, and the consequences for the careers of individuals who take it. Professionals define themselves, in part, by their commitment to overtime. The authors reveal how cultural perspectives of the true professional, part-time work, and stereotypes about gender roles can influence both an individual's decision making process and office policy. They show that in an environment where professionals perceive part-time work as deviant, it may require not just perserverance, but also a trade-off between time flexibility and professional status. The authors consider issues ranging from job security and the consequences of new technology, to the economics of part-time work and the division of labor in the family. The Part-time Paradox provides a timely overview of a growing crisis, as part-time and flex-time work arrangements increase.
The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w
While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that "40 or possibly even 50 percent of marriages will end in divorce if current trends continue." Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole "divorce industry" has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII's divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology. Features: 550 signed entries, A-to-Z, fill 3 volumes (1,500 pages) in print and electronic formats, offering the most detailed reference work available on issues related to divorce, both in the U.S. and globally. Cross-References and Further Readings guide readers to additional resources. A Chronology provides students with context via a historical perspective of divorce. In the electronic version, the comprehensive Index combines with Cross-References and thematic Reader's Guide themes to provide convenient search-and-browse capabilities. For state and nation entries, uniform entry structure combined with an abundance of statistics facilitates comparison between and across states and nations. Appendices provide further annotated sources of data and statistics.
Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. The first book to examine the social and legal realities of how divorcing parents make arrangements for their children, Dividing the Child is based on a large, representative study of families from a wide range of socioeconomic levels. Maccoby and Mnookin followed a group of more than one thousand families for three years after the parents filed for divorce. Their findings show how different divorce agreements are reached, from uncontested dealings to formal judicial rulings, and how various custody arrangements fare as time passes and family circumstances change. Numerous examples of joint custody and father custody are considered in this account, along with the mother-custody families more commonly studied; and in most cases the point of view of both parents is presented. Among families in which children spend time in both parental households, the authors identify three different patterns of co-parenting: cooperative, conflicted, and disengaged. They find that although divorcing parents seldom engage in formal legal disputes, they are generally unable to cooperate effectively in raising their children. Full of interesting findings with far-reaching implications, this book will be invaluable to the lawyers, judges, social workers, and parents who, more and more often, must make wise and informed decisions concerning the welfare and care of children of divorce.
This annotated bibliography assists the reader in locating information about the United States Federal Trade Commission. The book is divided into four chapters, each reflecting the major functions and regulatory responsibilities of the FTC.
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
Work of the Family Lawyer, Fifth Edition is more concise and practice-focused than traditional casebooks. It integrates the study of fundamental family law principles with exploration of the policy dilemmas and practical problems faced by today’s family lawyers. The flexible design makes the book an effective learning tool for traditional classrooms, blended and online learning environments, simulated courses, and clinical settings. Its problem-based approach encourages the development of critical thinking, participation, debate, and dialogue. New to the Fifth Edition: Surveys the impact of marriage equality across family law topics Updates to chapters on parentage and alternative reproduction, exploring how marriage equality and advances in reproductive science and genetics are transforming the identification of legal parents Examination of the revised Uniform Parentage Act (2017) providing for equal treatment of same-sex couples, use of gender-neutral terminology, and recognition of de facto parenthood Exploration and expansion of the marital presumption to include same-sex spouses pursuant to Pavan v. Smith and McLaughlin v. Jones Examination of the implications of changes in tax treatment of spousal support and state activity with respect to spousal support guidelines and durational limitations An updated discussion of the impact of intimate partner violence on child custody and access decisions and participation in alternative dispute resolution processes Updated social science and demographic information, setting the background for policy discussion Professors and students will benefit from: Examination of existing and emerging family law policy from a variety of perspectives Integration of history, culture, and social science material to stimulate learning Chapters which may be taught selectively and/or in any order depending on course objectives Contextual commentary providing foundation for edited cases Material inviting student curiosity and participation through reflective questions, discussion questions, and chapter problems “Preparation for Practice” sections, which blend substantive family law theory with real-world learning “Guiding Principles” sections promoting student mastery of fundamental concepts Support of blended and online learning activities and courses Problems at the end of each chapter, encouraging students to apply a host of principles throughout the chapter to a hypothetical
A Field in Flux chronicles the extraordinary journey of industrial and labor relations expert Robert McKersie. One of the most important industrial relations scholars and leaders of our time, McKersie pioneered the study of labor negotiations, helping to formulate the concepts of distributive and integrative bargaining that have served as analytical tools for understanding the bargaining process more generally. The book provides a window into McKersie's life and work and its impact on the evolution of labor and industrial relations. Spanning six decades, the reader learns about the intersection of labor and the Civil Rights movement, the watershed moment of the Air Traffic Controller's Strike, his relationship with George Schultz, the shift from labor relations to human resource management, and McKersie's role in the seminal cases (Motorola, GM, Toyota) of the labor movement. A Field in Flux serves two important functions: it demonstrates how people have influenced past employment policies and practices when called to action in critical situations, and it seeks to instill confidence in those who will be called on to address the big challenges facing the future of work today and in the years to come. During a time when the basic values of industrial relations are being challenged and violated, McKersie argues that the profession must adapt to the changing world of work and not forget about the value placed on efficiency, equity, and inclusive employment policies and practices.
As the twenty-first century dawns, public land policy is entering a new era. This timely book examines the historical, scientific, political, legal, and institutional developments that are changing management priorities and policies—developments that compel us to view the public lands as an integrated ecological entity and a key biodiversity stronghold. Once the background is set, each chapter opens with a specific natural resource controversy, ranging from the Pacific Northwest’s spotted owl imbroglio to the struggle over southern Utah’s Colorado Plateau country. Robert Keiter uses these case histories to analyze the ideas, forces, and institutions that are both fomenting and retarding change. Although Congress has the final say in how the public domain is managed, the public land agencies, federal courts, and western communities are each playing important roles in the transformation to an ecological management regime. At the same time, a newly emergent and homegrown collaborative process movement has given the public land constituencies a greater role in administering these lands. Arguing that we must integrate the new imperatives of ecosystem science with our devolutionary political tendencies, Keiter outlines a coherent new approach to natural resources policy.
In 757 articles, of which 469 are on new topics, this supplement attempts to cover recent monumental changes in American civilization from the impact of foreign affairs, through domestic political events, Supreme Court decisions, medical and scientific discoveries, social changes, popular cultural evolution, and religious developments.
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