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Deborah M. Kolb 《Negotiation Journal》2009,25(4):515-531
One overriding question that scholars have addressed over the past twenty‐five years is: are women the same or different from men when it comes to negotiating and what might explain these differences? The inquiry has shifted and has become more nuanced over time, but in its essence the issue of individual difference still dominates much of our thinking and research on the topic. The purpose of this article is to provide a structured overview of this considerable literature on gender and negotiation as it has evolved over the past twenty‐five years. In doing this, the article highlights how the social construction of gender has generally changed the discourse from essentialist concepts of differences between men and women to seeing gender as a more complex and shifting dimension of individual identity that is shaped by the contexts in which negotiation occurs. The second purpose of this article is to consider how recent feminist perspectives on gender, which have shifted from viewing gender as a property of individuals to considering the role of institutionalized social practices that sustain gender differences and inequities, can be incorporated into our understanding of gender relations in negotiation theory, practice, and research. 相似文献
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This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed. 相似文献
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Virtue and the Law: The Good Moral Character Requirement in Occupational Licensing,Bar Regulation,and Immigration Proceedings
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Deborah L. Rhode 《Law & social inquiry》2018,43(3):1027-1058
Character plays a crucial role in US law. This article explores flaws in how moral character requirements determine who can work in licensed occupations, who can practice law, and who can immigrate to the United States or become a citizen. Section I summarizes psychological research on character, which raises questions about a central legal premise that individuals have a settled disposition capable of accurately predicting their behavior independent of situational influences. Section II examines the role of moral character as an employment credential. Almost a third of the workforce is covered by licensing laws that typically require proof of good character and often unjustly penalize the seventy million Americans with criminal records. Section III examines the idiosyncratic and inconsistent application of moral character requirements for lawyers. Section IV focuses on similar flaws in immigration contexts. Section V identifies reform strategies to improve the fairness of character‐related decisions in the law. 相似文献
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Perceptions of children's credibility were studied in two experiments wherein participants watched a videotape of a 4- to 5- or a 6- to 7-year old child report details of a play session that had been experienced once (single-event) or was the last in a series of four similar play sessions (repeat-event). The child's report was classified as high or low accurate. In Experiments 1 and 2, reports of repeat-event children were judged to be less believable on several measures. In Experiment 1, younger children were viewed as less credible than older children. In both experiments, neither undergraduates nor community members correctly discriminated between high- and low-accurate reports. Content analysis in Study 3 revealed the relationship between age and event frequency and children's credibility ratings was mediated by the internal consistency of children's reports. Recent research on children's reports of instances of repeated events has identified several challenges facing children who report repeated abuse. These data bring to light another potential difficulty for these children. 相似文献
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A prospective study of the effects of partner abuse among HIV-infected and noninfected African American women (N = 137) revealed that there were both concurrent and longitudinal effects of abuse on several indices of psychosocial adjustment. Specifically, higher levels of both verbal and physical abuse were found among the HIV-infected group. In addition, the effects of abuse on suicidal ideation were significantly stronger among the HIV-infected group (n = 53) than among their demographically similar noninfected counterparts (n = 84), resulting in significant HIV status by partner abuse interactions. The findings of this study advance our understanding of intimate relationships with regard to partner abuse by examining a group of women at high-risk for abuse, yet understudied in both the HIV/AIDS and relationship literatures. 相似文献