Interdisciplinarity and the Discipline of Law

This article concerns the effects of interdisciplinary research conducted by academic lawyers on the legal discipline itself. It discusses the intellectual tension between the modes of legal analysis traditionally used by academic lawyers and the approach taken by interdisciplinary scholars, and how this tension is rooted in the challenges interdisciplinarity poses to widely-accepted notions about the purposes of legal scholarship and the relationship between academic lawyers and the legal profession. The article considers the implications of legal interdisciplinarity in light of the cultural context from which legal interdisciplinarians emerge and how the relationship between legal scholarship and legal practice ultimately guarantees the continued existence of a distinct and coherent disciplinary identity for law.     

Issues in Higher Education Quality Assurance

This article examines a range of policy issues which concern the quality assurance of higher education by regulatory bodies. There is a widespread consensus that the benefits of at least some forms of external quality assurance of higher education exceed the costs. This is probably a matter of faith more than the outcome of a considered analysis, but public policy in several countries has accepted it nevertheless.
There are important questions regarding the manner in which such quality assurance should be conducted. Issues to do with self-regulation, the use of independent ratings agencies, the role of the courts, the establishment of a government agency, and the public funding of private quality assurance bodies all deserve consideration.
Process matters become important once structural issues have been decided. These include quality assurance principles, internationalisation and national jurisdiction; the role of a quality assurance system in qualifications' design and development; what precisely is to be 'quality assured' in higher education; the standards to be used in quality assurance; linkages between quality assurance and public funding of higher education; compliance costs; and the utility of a National Qualifications Framework (NQF).
This article places considerable emphasis on a discussion of the deficiencies of the NQF approach. It argues that the emphasis placed on the development of an NQF in several systems of educational quality assurance is misplaced: an NQF cannot embrace the complexity of contemporary qualifications systems.
Claims to the effect that an NQF is a valuable addition to the sources of information available to national and international labour markets must be treated with scepticism. There are logical and practical issues to be considered in this regard. An NQF is arguably likely to mislead labour markets seriously under existing circumstances.     

" 'These Boots Are Made for Walking' ": A Reply

Erik Craft's comment on our 2000 article takes up a minor point,the impact of no-fault divorce on the gender of the spouse filingfor divorce. In the original article, we related the genderof the filing to rent exploitation during marriage, rent appropriationthrough divorce, and particularly child custody. We tested thehypotheses we generated using a sample of more than 46,000 divorcedecrees from the only four states collecting all the informationwe needed. The type of divorce ground was only a control variable,and not a strong one. We argue that Craft's comment misses ouressential point.     

The Politics of Local Government Stabilization Funds

The adoption, maintenance, and prudent use of budgetary stabilization funds are fundamental financial management precepts, yet the variables that influence the size of these funds are poorly understood. This article contributes to the stabilization fund literature by examining the extent to which variation in stabilization fund balances across municipalities and over time can be explained by a community's political culture and financial management capacity. The balanced panel research design includes archival data for 239 Massachusetts municipalities for each of 18 fiscal years. Stabilization fund balances are lower in communities with either an anti‐tax or a pro‐spending political culture. Stabilization fund balances are higher in communities that have the financial management capacity to accumulate budget surpluses that can be made available for appropriation to stabilization funds. Communities with the open town meeting form of government also have higher stabilization fund balances.     

Beyond the Thomas–Kilmann Model: Into Extreme Conflict

This article discusses an extension to the Thomas–Kilmann conflict mode instrument (Thomas and Kilmann 1977) designed specifically for conflict situations in which strong negative emotional relationships are at play. The Thomas–Kilmann (TK) model is widely used to help participants (disputants and mediators) identify how two basic conflict characteristics interact to influence how stakeholders shape their actions with regard to their interests. Essentially the TK Model is built on the premise that the two salient conflict variables are the relative importance of the relationships at hand and the substantive issues being discussed. These variables are illustrated with a simple matrix that shows how each party will interact with the other based on the relative importance it places on these variables. Graphically illustrating where the behaviors fall on the matrix can explicate parties' behaviors to add a new perspective that may change the dynamic of the conflict. But the TK Model does not address scenarios in which individuals have very negative or destructive relationships, and sabotage, blocking, and exclusion are behavioral norms. Hence, we developed the Baumoel–Trippe (BT) Extension to the TK Model to address the highly negative and often identity‐based conflicts that are often found in the world of family business. Accordingly, the BT Extension to the TK Model explores conflicts in which the relationships are not merely unimportant or uncooperative, but where they become negative to downright vengeful. There is so much at stake for family business stakeholders that the family relationships may become so adversarial that the very business and family harmony all parties value are at risk. With our extension of the TK Model, we seek to provide insight into how decisions might be made when stakeholders are in highly negative, conflictual relationships.