The devil is in the details: How arbitration system design and training facilitate and inhibit repeat-player advantages in private and state-run arbitration hearings

This article demonstrates that arbitration system design and the training that arbitrators receive shape the extent to which repeat players gain advantages in arbitration hearings. While prior arbitration research does suggest that arbitrator training matters, this is the first article to show how it matters, as we observe actual arbitration hearings in private and state-run arbitration systems in two states. Our comparative analysis links three literatures interested in how seemingly interest-neutral institutions, like disputing forums, serve in practice to reinforce dominant norms, values, and hierarchies: (1) sociolegal studies of repeat-player advantages in disputing, (2) studies of occupational socialization in educational settings, and (3) neoinstitutional organizational sociology studies of how managerial values influence the way in which organizations construct law. We bridge these literatures by showing how arbitrator system design and the occupational socialization that arbitrators receive in private arbitration are primary mechanisms through which managerial values influence the arbitration process, ultimately providing a pathway for repeat-player advantages in hearings. Because our analysis compares two distinct arbitration systems, we identify variation in these processes and offer preliminary but tangible policy recommendations for the design and implementation of arbitration systems that best protect civil and consumer rights within arbitral forums that the Supreme Court continually upholds.     

The simplicity of toleration

ABSTRACT

Toleration is one of the core elements of a liberal polity, and yet it has come to be seen as puzzling, paradoxical and difficult. The aim of the present paper is to dispel three puzzles surrounding toleration. First, I will challenge the notion that it is difficult to see why tolerance should be a virtue given that it involves putting up with what one deems wrong. Second, I defuse the worry that the ideal of toleration is not fully realizable as toleration must necessarily be limited. Third, I take issue with the assumption that ‘true’ tolerance requires meta-tolerance, that is, that the issue of toleration must itself be approached in a ‘tolerant’ way.     

A commentary on strategic land promotion in the UK

The supply of land for new housing within the UK is an important and a contested issue. Strategic land promotion, namely, the identification, acquisition, and promotion of land through the planning system, has become a major element in contributing to government targets for new housebuilding in the UK. This brief commentary paper outlines the characteristics of strategic land promotion, provides illustrations of the range of schemes land promotion companies have pursued within the UK, and concludes with some wider reflections on the process.     

The Clandestine Political Economy of War and Peace in Bosnia

Most contemporary intrastate military conflicts have a criminalized dimension: In various ways and to varying degrees they use smuggling networks and criminal actors to create and sustain the material basis for warfare. Despite its importance, the criminalized side of intrastate war and its legacy for postwar reconstruction is not a central focus of analysis in most scholarly accounts of armed conflict. A detailed examination of the Bosnian conflict illustrates the explanatory usefulness of a "bottom up," clandestine political economy approach to the study of war and post-war reconstruction. Drawing on interviews with former military leaders, local and international officials, and in-country observers, I argue that the outbreak, persistence, termination, and aftermath of the 1992–1995 war cannot be explained without taking into account the critical role of smuggling practices and quasi-private criminal combatants. The article suggests the need for greater bridging and broadening of the study of security, political economy, and crime.     

Violent backgrounds of economically disadvantaged youth: Risk factors for perpetrating violence?

Adolescent Job Corps residents (n=474) reported the violence they had experienced, witnessed, and perpetrated with regards to parents, siblings, friends, and strangers. Results indicated that there was a high prevalence of all types of violence in this atrisk adolescent sample. Moreover, the majority of adolescents who reported violent experiences indicated threat or use of a weapon was involved. Gender differences were obtained such that boys reported perpetrating more aggression against friends and strangers than girls. Girls reported witnessing more parental aggression than boys. No gender differences in parental victimization rates were obtained. Contrary to prediction, parental victimization did not significantly predict perpetration towards siblings, friends, or strangers for either gender. However, parental victimization did predict increased violence towards parents. Surprisingly, for females especially, witnessing parental violence reduced the likelihood of violence towards parents. These findings support the need to include conflict resolution skills as a component of Job Corps training.     

Justice and power in civil law negotiations

The relationship between power and justice in civil law negotiations is discussed. It is argued that the concept of power is essential to understand justice behavior in civil law negotiations. Distributive justice appears to be hardly relevant in civil law disputes and should be replaced by retributive justice to understand the behavior of the parties. The analysis leads to the observation that justice is more likely to be relevant for the powerless party in civil law disputes than for the power-holder. I conclude that both the relative power and justice behavior cannot be studied without taking into account the perception by individuals of both the relevant norms and the salient characteristics of the interaction.     

Violent marriages: Gender differences in levels of current violence and past abuse

Military couples mandated for marital violence treatment (n=199) self-reported pretreatment levels of marital violence. This sample is unique in that data from both partners in severely violent marriages were available. Spouses were interviewed conjointly about past and current marital violence, childhood victimization, type of parental violence witnessed, and subjective impressions of childhood emotional and/or physical abuse. Results suggest that in the majority of these couples both husbands and wives reported engaging in acts of current marital violence (83%). However, significant gender differences were found such that husbands were more likely to use severely violent tactics, less likely to receive a marital violence injury, and less likely to report being afraid during the last incident of marital violence than wives. Surprisingly, wives were more likely than husbands to blame themselves for the first incidence of violence in the marriage. Husbands and wives did not differ in the prevalence of witnessing parental aggression, but wives were more likely than husbands to report being beaten as children and to perceive themselves as abused. For both genders, victimization from mother predicted marital perpetration, whereas victimization from father predicted marital victimization.