The tension between empathy and assertiveness

This article explores two central dimensions of negotiation behavior: empathy and assertiveness. Empathy refers to the process by which negotiators demonstrate an understanding of their counterpart. Assertiveness refers to the process by which a negotiator articulates and advocates her interests. Although many people experience empathy to be incompatible with assertion and vice-versa, the authors suggest that the most effective negotiators develop expertise along both dimensions. Robert H. Mnookin is the Samuel Williston Professor of Law at Harvard Law School, Chair of the Steering Committee of the Program on Negotiation at Harvard Law School, and Director of the Harvard Negotiation Research Project. Scott R. Peppet is a Lecturer on Law and Graduate Fellow in Law and Negotiation at Harvard Law School. Andrew S. Tulumello is a law clerk to Judge Pamela Ann Rymer of the U.S. Court of Appeals for the Ninth Circuit. This article is part of an ongoing negotiation project focusing on the roles lawyers play in negotiation.     

The Process-Outcome Connection in Foreign Policy Decision Making: A Quantitative Study Building on Groupthink

This article investigates whether certain factors pertaining to the process of foreign policy decision making have a measurable, qualitative effect on foreign policy outcomes . The research is grounded in the groupthink literature but incorporates different dimensions of similar underlying notions from other international relations areas as well. Three different types of process factors are investigated: situational factors, such as stress and time constraints; factors associated with the structure of the group; and information processing factors. We test the influence of these factors on two types of outcomes—a decision's effect on national interests and its effect on the level of international conflict. We investigate this link in 31 cases of decision from 1975 through 1993. Scores for the outcome variables are based on survey responses from 21 foreign policy experts. For the process variables, we develop sets of operational definitions and then code each case based on extensive reading of case-study materials. OLS regression models are used to assess the hypotheses. We find that situation variables matter very little in terms of affecting outcomes and quality of information processing. On the other hand, both group structural factors and information processing are significantly related to outcomes in terms of national interests and level of international conflict.     

On the Role of Process Forensics in the Characterization of Fugitive Gasoline

The need to determine the source(s) of fugitive gasoline in the environment is common when multiple candidate sources co-exist nearby to the discovery or when gasoline is discovered subsequent to a property transfer. Process forensics is the component of environmental forensics that relies upon a detailed understanding of the current and historic refining and engineering practices and how these practices would predictably have affected the chemical composition of the automotive gasoline manufactured at different refineries at different times. Since not all gasoline is ‘created equal’, when the detailed “chemical fingerprint” of a fugitive gasoline in the environment is interpreted in light of process forensics, a more thorough understanding of the production practices used to refine the fugitive gasoline can emerge. In some circumstances this knowledge can help to implicate a particular source(s) of the gasoline.     

Gun violence and police problem solving: A research note examining alternative data sources

This article uses gun seizure data from the gun lab of the St. Louis Police Department to examine a problem-solving approach to seizing illegal firearms. Further, it explores narrative data from the police reports to understand the context surrounding 113 firearms seizure. The most important findings are that most illegal firearms are seized by the police department in the course of routine patrol, and that many seemingly nonviolent technical law violations (e.g., the unlawful carrying, use, or concealment of a firearm) often occur under violent circumstances. Given the paucity of gun research, future studies should use multiple data sources to further explain the gun/crime relationship. These findings are discussed in the context of routine policing.     

Developmental and Validation of The Illustrated Version of The Home Inventory for Dangers and Safety Precautions: Continuing to Address Learning Needs of Parents in Injury Prevention

This paper describes the development and validation of the Home Inventory for Dangers and Safety Precautions – Illustrated Version to be used with parents whose children are at significant risk for home injury. Because illustrations are useful in facilitating learning by parents who have difficulty ensuring child and self home safety, colored illustrations representing 6 home rooms or areas were empirically developed for assessment purposes. The dangers depicted were selected from previous work and represented those associated with the majority of family home injuries. Score-sheets contained dangers and associated precautions administered to 62 referred young parents. Administration and psychometric characteristics were examined; specific hypotheses were tested. Obtained measures of internal consistency for dangers and precautions for all illustrations (except for Stairway) and for totals were satisfactory. Administration was suitable for use with this population. Parents were able to identify approximately half of the depicted dangers while being able to provide a suitable precaution for 40%. Reading comprehension was predictive of danger identification whereas reading recognition was predictive of precautions given. The HIDSP-IV is useful in assessing a parent's knowledge of dangers and precautions from which more individualized home safety instruction can occur.     

‘A Monstrous and Unjustifiable Infringement’?: Political Expression and the Broadcasting Ban on Advocacy Advertising

This paper considers the legality of the broadcasting prohibition on 'advocacy advertising'– the use of advertising space to communicate social, political and moral arguments to a wider public – in the light of the growing jurisprudence on the freedom of political expression. The prohibition is currently found in the Broadcasting Act 1990, and the Government has proposed its reiteration in the forthcoming Communications Bill to fall within the regulatory ambit of OFCOM. The paper begins by introducing and illustrating advocacy advertising and the restrictions upon it. It proceeds to review the relevant jurisprudence on political expression, to analyse the familiar arguments in favour of retention of the prohibition, and to weigh the counter-arguments. The paper concludes that the purported justifications sit ill against existing legal rulings, and evidence a poor understanding of the critical sophistication of the public as a broadcasting audience. It suggests that a continuation of the prohibition would be unlawful.