Attorneys and Negotiation Ethics: A Material Misunderstanding?

Our research suggests that a true norm of ethical negotiation behavior exists within the legal profession. This conclusion is tempered, however, with the knowledge that a large minority of our research respondents — at times approaching one‐third of them — engaged in unethical and even fraudulent behavior. Additionally, the survey respondents were not saddled with the pressures that practicing attorneys typically confront (pressures likely to make people behave less, rather than more, ethically). In an attempt to understand the reasons for such a high frequency of unethical negotiation, we have identified three major contributing factors: too many lawyers have only a superficial understanding of rules that are more complicated than they appear; lawyers frequently take their “zealous advocate” role too far, thereby placing client loyalty above other important values such as respect for truth and justice; and the practice of law and the people who are drawn to it are highly competitive. To address these factors, we suggest approaching the problem from several different angles. In the classroom, we suggest a focus on the relevant legal standards, including a focus on the often misunderstood law of fraudulent misrepresentations. Because many students fail to appreciate the differences between “ethical” behavior, the floor of socially acceptable conduct, and the expectations that others have for how they will be treated, we also suggest that lawyer training programs focus on the important role that personal relationships and one's reputation play in the legal profession, and how falling short in these areas can decrease one's negotiation effectiveness. For the profession itself, we also suggest clarifying the attorney rules of conduct and provide a number of tactics and strategies to defend against lying and deception during negotiation. Finally, we recognize there are certain psychological factors at play that can cause people to engage in behavior inconsistent with their personal sense of ethics. We believe the only way to avoid these lapses is to integrate conscious and reflective practices that can bring ethical concerns to the forefront of lawyers' decision‐making and thought processes.     

Mapping the consumption of government communication: a qualitative study in Germany

Successful communication between citizens and government is critical for the effective implementation of governance. Although government communication is highly relevant to society, few governments fully exploit the potential benefits of the direct communication instruments at their disposal. To establish foundations for encouraging various forms of government communication, this article starts by examining its reception among German focus groups and thus offering general implications for successful, citizen‐sensitive government communication. The results suggest the need for better articulation of interests in government communication, such that they appear more egalitarian, closer to the citizen, and online—that is, successful government communication demands considerable proximity to citizens, interactive feedback channels, and systematic participation by citizens in political processes. Copyright © 2013 John Wiley & Sons, Ltd.     

The end of alternatives? Capitalist transformation,rural activism and the politics of possibility in China†

ABSTRACT

This paper examines the politics of possibility for rural activism in reform era China. By periodizing rural reforms from 1990, we explore the political-economic changes that have coalesced in the reform era, and how these changes condition forms and possibilities of activism. We argue that the current modernization–urbanization drive that emerged around 2008 is foreclosing opportunities for the pro-peasant cooperative forms that New Rural Reconstruction activists imagined earlier in the decade. Instead, as the process of capitalist agrarian change deepens in the countryside, food- and farming-related activism now resembles the state’s focus on markets and consumption, to the detriment of addressing social relations of production. Without a focus on distributional politics and power, this shift has the potential to further entrench existing inequalities within and across rural and urban spaces. The contextual work undertaken in this paper is currently absent from the emerging literature on China’s agrifood transformations.     

What Research Can Tell Policymakers about School Choice

American school systems have implemented several different kinds of school choice policies, and most of them are controversial. The research literature on various forms of school choice reveals some areas of consensus, but other areas where the results of studies diverge. Consensus results show that parents are more satisfied with choice, that they report using academic preferences to make choices, and that they tend to be more involved with their child's education as a consequence of choice. There is some, though mixed, evidence of improved test scores for children involved with various forms of choice. Actual parental use of choice and gathering of information, however, show some evidence of stratification, not always by race or income, but often by the level of parental involvement and motivation. These results provide considerable evidence about the effects on students whose parents have made an active choice, but more policy research is needed on the effects of competition on students in schools that have not been chosen. © 2001 by the Association for Public Policy Analysis and Management.     

Fighting with one hand tied behind the back: political budget cycles in the West German states

Theories of political budget cycles have been contested because scholars find that incumbents can manipulate deficits in the pre-election period only if fiscal transparency is low. I argue that these findings do not generally rule out the possibility of fiscal electioneering. Governments may increase spending on highly visible policies. The composition of the budget serves as a second-best strategy. It increases political support without straining the budget balance. An empirical analysis of the West German states reveals alternative electoral budget strategies and ultimately point to the importance of analyzing how governments choose between alternative fiscal instruments.     

Money laundering: some facts

This paper tackles the quite difficult topic of money laundering. After defining money laundering, and after explaining the three stages (steps), placement, layering and integration, the paper tries a quantification and estimation of the volume and development of money laundering activities. Besides it shows national and international measurements to fight money laundering and various effects on macroeconomics. The overall turnover in organized crime for example had a value of 800 billion USD in 2001 and increased to 1.700 billion USD in 2007. These figures are very preliminary with a quite large error, but give a clear indication how important money laundering and the turnover of organized crime is nowadays.