Lessons from Analogical Reasoning in the Teaching of Negotiation

After two decades of spectacular growth in negotiation research, teaching,and application, it is appropriate to pause and consider how negotiatorslearn, a strikingly fundamental but infrequently examined issue. In thisreport, we present some initial and on-going research and thinking onlearning about negotiation skills, providing one view of the relationshipbetween negotiation pedagogy and negotiation practice.     

Minority Religions and Social Justice in Russian Courts: An Analysis of Recent Cases

This paper presents a number of important recent cases from Russia involving new and minority faiths. The cases are examined to see how these unpopular groups are dealt within the context of a rapidly changing Russia. Conclusions are drawn about how the legal system in Russia operates concerning minority faiths, using the sociological variables discussed in this issue's introduction.     

Regional Leaders in the Diffusion of Tort Innovations among the American States

Many studies have analyzed the diffusion of legislative policies,but relatively little work has been done on the spread of judicialinnovations. An analysis of the spread of eight tort doctrinesamong the American states indicates that there were clear regionalleaders, including some states that were not early adoptersof the innovations but still served as leaders for their neighbors.There was little relationship between being a regional leaderfor legislative adoptions and being a regional leader in judicialadoptions, indicating that different processes influenced diffusionin these two arenas of state political activity.     

Endogenizing the median voter: Public choice goes to school

This paper investigates implications of the relationship between voter self-selection and the behavior of politicians. Voter self-selection arises in elections because only a portion of eligible voters actually vote. It is likely to be more pronounced whenever the implied net benefits from a given electoral choice are disproportionately distributed across voters. Public choice theory predicts that incumbent officials will manipulate this self-election pursuant to the maximization of their personal objective functions. This paper provides evidence from school bond elections that politicians influence voter self-selection via manipulation of election parameters.     

A market based evaluation of the election versus appointment of regulatory commissioners

This paper examines the elected versus appointed commissioner dichotomy from a market value perspective. Previous empirical analysis tends to concentrate on rates rather than examining the impact on shareholders' wealth. We examine life insurance industry data during the period surrounding the passage of California's Proposition 103. The primary impact of the referendum on life insurers is to change the method of commissioner selection from appointment to popular vote. We find that this change significantly reduced the value of life insurers doing business in California. This result is consistent with the recent findings of Boyes and McDowell (1989) and Smartt (1994) using alternative evaluation procedures for firms in other regulated industries. This implies that the change to a popular election of commissioners either increases the level of risk and/or decreases the expected cash flows of regulated firms.     

The relationship between congressional spending and tenure with an application to term limits

Whether term limits would increase or decrease federal spending depends on the reason for the causal relationship between tenure and spending. We investigate this subject by empirically studying congressional spending and tenure for all United States House and Senate members who entered Congress between the 94th and 102nd Congresses (1975–1992). As our measure of congressional spending we use the National Taxpayers Union's Congressional Spending Scores. Our study finds that a statistically significant relationship exists between congressional spending and tenure for some groups of congressmen. We then test three hypotheses relating tenure and spending. No single hypothesis is consistent with all of our empirical results. Nevertheless, the small sizes of the empirical effects estimated in this study suggest that term limits would have an inconsequential impact on the level of federal spending – at least via the “moral hazard” mechanisms described in this paper.     

INDIVIDUALISM, COLLECTIVISM AND THE MARKETIZATION OF SOCIAL SECURITY: Chile and China Compared

Ideological beliefs are of central importance in current debates about the marketization of social security. However, developments in Chile and China suggest that the conventional individualist‐collectivist dichotomy, which has framed ideological debates on social security, fails to capture the complexities of ideological differences as well as the imperative of economic development which appears to be driving social security policy in both countries. Examining events in these countries, it is suggested that the individualist‐collectivist dichotomy needs to be reconsidered. It is also argued at a normative level that these ideologies no longer provide a viable basis for social security policy, and that the “developmentalist” approach emerging in China merits further scrutiny.     

Sui Generis and Treaty Citizenship

This article, written from an Aboriginal perspective, explores the problematic invitation to federal citizenship in Canada for Aboriginal peoples. Its focus is on the deficits of such an offering for the constitutional rights of Aboriginal peoples, which is characterized by sui generis and treaty citizenship. Informed by Aboriginal and intercultural perspectives, the article argues that the offerings of statutory citizenship for Aboriginal peoples inverts rather than respects the constitutional relationship. It looks at how the Supreme Court of Canada has located and structured sui generis Aboriginal orders, the concepts of sui generis citizenship, treaty federalism, and constitutional supremacy as compared with the idea of federal citizenship, concluding that such 'invitations' to Canadian citizenship are inconsistent with and infringe upon the constitutional rights of Aboriginal peoples. By understanding the prismatic nature of Canadian federalism in a postcolonial context, this article aims at reconceptualizing Canadian citizenship in terms of ecological belonging, fundamental rights, and respect for human diversity and creativity.     

The Role of Party Activists in the Evolution of the Abortion Issue

This article examines the role of party activists in the partisan evolution of the abortion issue. Previous research indicates that party elites—specifically members of Congress—and partisans in the mass public have become more differentiated in their abortion attitudes during the last several decades with Democrats becoming more pro-choice and Republicans becoming increasingly pro-life. The missing piece of the picture is the behavior of party activists. Accordingly, this research examines the changes in the abortion attitudes of two groups of party activists during the last three decades: campaign activists and national convention delegates. From 1972 to 1980 there were no significant differences in the abortion attitudes of Republican and Democratic campaign activists, and the mean positions of the two parties' national convention delegates did not differ greatly. However, since 1984 there has been a growing differentiation in the abortion positions of both groups of party activists. Now Democratic activists are consistently pro-choice while Republican activists are equally pro-life. This evidence indicates that the differentiation on the abortion issue that has only recently emerged among partisans in the mass public was predated by an earlier and much more dramatic polarization that had already developed among party activists and elites, thus supporting a model of issue evolution introduced by Carmines and Stimson in their study of racial issues. We also find that citizens' abortion attitudes have become increasingly correlated with party voting not just in presidential elections but also in House, Senate, and gubernatorial contests during this period as well as being more closely related to political ideology. All of this evidence points to the growing extent to which abortion has become a partisan issue in American politics and the key role that party activists have played in this process.     

Race, Ethnicity, and Law Enforcement Profiling: Implications for Public Policy

The proposed Traffic Stops Statistics Study Act of 2001—Title II of Senate Bill 19 of the 107th Congress—was the third consecutive legislative proposal aimed at addressing the perceived problems of racial profiling and police abuse in the detention of minority motorists for allegedly unjustifiable reasons. The measure followed Senate Bill 821 from the 106th Congress and House Bill 118 from the 105th Congress. This study looks at the purpose of these bills, explores the reasons supporters believe that federal policy mandating law enforcement agencies to collect racial data on motorists stopped and detained is needed, and examines a number of public policy questions that a Traffic Stops Statistics Study Act might raise.