Grief reactions and effective negotiation

Conclusion In the event of death, society has in place a wide range of rituals and supports designed to help mourners deal with their grief. It may be that assigning blame and seeking legal recourse has become a significant ritual for those who have sustained other types of losses and, in some situations, loss through death as well. However, unlike societal death rituals, which guide the mourners, no guidelines exist to help negotiators address the impact of grief on their clients. Thus, in this article, insights gleaned from studies of grief, loss, and separation have been examined in an effort to develop an awareness of the impact of grief reactions on the parties to negotiation.Grief reactions—ranging from denial, bargaining, anger, depression, and guilt to acceptance—serve a useful purpose for those who have sustained grievous losses. Consequently, a better understanding of grief factors may be advantageous to negotiators and, more importantly, to their clients. Such considerations may help challenge perceptions of other parties that may otherwise be prejudicial to one's client (as in the Lindy Chamberlain case) and assist negotiators in trying to anticipate, and thus protect their clients from, grief-related reactions of other parties. In the large number of cases where negotiation and settlement discussions are not only critical but also decisive, grief theory may provide negotiators with better insight into client, and other party, interests and may help them to formulate advice and intervention strategies that take the impact of various grief reactions into account. Nancy Lewis Buck is an attorney and social worker, currently completing a doctoral dissertation at Yale Law School. Her mailing address is 9 Surrey St., Cambridge, Mass. 02138.     

Implementing the artist's resale right directive

Legal context: Directive 2001/84/EC, on the resale right for the benefit ofthe author of an original work of art, introduced the harmonisationof artist's resale right within the EU (and subsequently withinthe EEA). Resale right already existed in many EU States, butthe Directive also required its creation in others (such asthe UK) to which it was previously unknown. The implementationof the Directive in the UK was accordingly a matter of somecontroversy. Key points: This article concentrates on the legal difficulties involvedin that implementation, viewed against the background of theUK Government's stated general policy on the transposition ofEU Directives. From several points of view, the rules laid downin the Directive called for elaboration or clarification, andin a number of cases such an approach was appropriate. In othercases, however, this turned out not to be appropriate. Practical significance: As a result, although in the main it was possible to transposethe Directive into a clear and workable set of domestic rules,a number of issues had to remain unresolved. Among the mostimportant were: whether works of ‘applied art’ shouldattract resale right, and the territorial scope of the transactionscovered by the right.     

Court Awards of Damages for Loss of Future Earnings: An Empirical Study and an Alternative Method of Calculation

This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the perspective of labour economists. The damages calculated by using these alternative methods are compared with those actually awarded in over a hundred cases determined by courts in England and Wales. This interdisciplinary and comparative study reveals that the tort system fails to satisfy one of its main objectives in that it does not provide recipients of damages with 'full' compensation.     

In Pursuit of the Public Interest

What does the injunction “serve the public interest” really mean for public managers, and why is it important? By way of an answer, this analysis systematizes different perspectives on the public interest and offers a multifaceted formulation of the public manager’s duty. It is a process involving the exploration of two concerns—democracy and mutuality—in the current time frame and two others—sustainability and legacy—in the future time frame.     

Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.     

Coping with Concerns: An Exploratory Comparison of Australian,Colombian, German,and Palestinian Adolescents

Consistent with an emphasis on positive psychology, and on ability rather than deficit, this study of adolescents in 4 communities sought to examine how young people cope with their concerns. Samples of Australian, Colombian, German, and Palestinian students completed the general form of the Adolescent Coping Scale, an 80-item instrument used to measure coping. A comparison of young people's usage of 3 coping styles and 18 coping strategies within these communities indicated that Palestinian youth report greater usage of all but three strategies (namely, physical recreation, relaxation, and tension reduction), and German youth report the least usage of 2/3 of the strategies assessed. Both Palestinian and Colombian youth were noted to utilize more seek to belong, focus on the positive, social action, solving the problem, seeking spiritual support, and worry than were German or Australian adolescents. When the relative usage of coping strategies within national settings was considered, some noticeable differences were apparent. For example it was found that regardless of the national setting young people reported most frequent use of working hard and use of problem solving strategies. When it comes to more culturally determined activities such as physical recreation, the Australian and German students ranked this strategy more highly in their coping repertoires than do the Colombians, and more noticeably, the Palestinian students. For example, although physical recreation is ranked as the second most commonly used strategy for the German sample, it is ranked 16th by the Palestinians. The study demonstrates the importance of identifying coping strategies that are reflective of each community under investigation. Similarity in coping cannot be assumed across different student populations. Consequently caution needs to be exercised when importing coping programs from one community to another.     

Bureaucracy,Network, or Enterprise? Comparing Models of Governance in Australia,Britain, the Netherlands,and New Zealand

Theories of democratic government traditionally have relied on a model of organization in which officials act impartially, accept clear lines of accountability and supervision, and define their day–to–day activities through rules, procedures, and confined discretion. In the past 10 years, however, a serious challenge to this ideal has been mounted by critics and reformers who favor market, network, or "mixed–economy" models. We assess the extent to which these new models have influenced the work orientations of frontline staff using three alternative service types—corporate, market, and network—to that proposed by the traditional, procedural model of public bureaucracy. Using surveys of frontline officials in four countries where the revolution in ideas has been accompanied by a revolution in methods for organizing government services, we measure the degree to which the new models are operating as service–delivery norms. A new corporate–market hybrid (called "enterprise governance") and a new network type have become significant models for the organization of frontline work in public programs.