Conditional cost shifting and the incidence of trial: pretrial bargaining in the face of a Rule 68 offer

Under Rule 68, a defendant may submit a pretrial offer of judgmentto the plaintiff. If the plaintiff refuses this offer and laterreceives a smaller award at trial, the defendant's court costssubsequent to the offer are shifted to the plaintiff. We analyzeRule 68 in a game theoretic setting in which trials may resultfrom an informational asymmetry: the defendant is the informedparty, and bargaining may take place after the defendant submitsan offer of judgment to the plaintiff. Rule 68 may encouragesettlement through this offer of judgment by prompting partialrevelation of privately held information.     

Interpersonal Competence Configurations,Attachment to Community,and Residential Aspirations of Rural Adolescents

Adolescents who grow-up in rural areas often experience a tension between their attachment to the rural lifestyle afforded by their home community and a competing desire to gain educational, social, and occupational experiences that are only available in metropolitan areas. While these diverging pressures are well-documented, there is little information about linkages between rural high school students’ views of their communities, their postsecondary aspirations, and their school adjustment. To address this issue, this study examined perceptions of community and residential aspirations in an ethnically diverse sample of 8,754 rural adolescents (51.5% female) in relationship to their competence and risk status in high school. Participants were from 73 rural high schools across 34 states. In addition, ratings on participants’ school adjustment were provided by teachers (n = 667). High competence students (i.e., those in configurations of high positive and low negative teacher-rated characteristics) expressed positive perceptions of their rural lifestyle and many, particularly girls, indicated an interest in staying in or returning to their home community. Low competence youth (i.e., those in configurations of low positive and high negative teacher-rated characteristics) appeared to be less connected to their community and were more likely to express their intent to leave and not return. These results appear to qualify current concerns about “rural brain drain” and also suggest that the lack of attachment to the community may be a compounding risk factor for rural adolescents who have significant school adjustment problems.     

Crime control in the 2000 presidential election: A symbolic issue

Presidential candidates regularly use crime issues to help win electoral support. Contrary to conventional wisdom, crime control also became an issue in the 2000 presidential campaign. Despite decreasing crime rates, the debate was driven by public opinion. Because the crime debate was fueled by perception rather than reality, it is argued that the symbolic nature of the debate became important in providing reassurance to the American public. This finding points to the importance of symbolic rhetoric by presidential candidates in appealing to voters and increasing public support.     

New Technology Meets an Old Teaching Challenge: Using Digital Video Recordings, Annotation Software, and Deliberate Practice Techniques to Improve Student Negotiation Skills

There is a world of difference between teaching negotiation theory, which pertains to conceptual understanding, and teaching negotiation skills, which pertain to actual behavior in real‐world situations. The principle of reflective practice is widely used for theoretical instruction. Deliberate practice, however, is a more powerful model for skills training. Cognitive scientists have discovered that subjects will learn skills best when they perform well‐defined tasks at appropriate levels of difficulty, and when they are given immediate feedback, an opportunity to correct their errors, and an opportunity to practice until the tasks become routine. To satisfy the deliberate practice conditions for large graduate‐level negotiation courses (some as large as seventy students), students were assigned to use webcams with their laptop computers to video record their negotiation exercises. Before each exercise, students were assigned to prepare for and to concentrate on performing two or three well‐defined tasks. Students reviewed these recordings and commented on their performances in a journal before uploading the videos and journals to an assigned network folder. The instructor and teaching assistants then reviewed the journals and specified portions of the videos and provided individual written feedback to the students. The instructors found that student negotiating skills have improved significantly using this new system. In comparison with earlier semesters, students also felt they were involved in a more intense and personal learning experience. A majority of students reported they intend to apply the principles of deliberate practice in their professional lives after graduation. The authors have found this method continues to challenge their ability to identify and describe the skills used by expert negotiators. As an addition to this new methodology, two of the authors have spearheaded the development of video annotation software, known as “MediaNotes,” to help students and instructors review, comment upon, and learn from video recordings of negotiations. Based on their experiences using the software to support deliberate practice, the authors expect this tool to initiate a significant advance in our ability to recognize and describe expert negotiation behavior and in students’ ability to improve their negotiating skills.