A Temporal Model of Negotiation Linkage Dynamics

This article explores negotiation linkage dynamics (how one negotiation influences or determines the process or outcome of another) by examining three bilateral trade treaty negotiations conducted by the governments of Australia, Singapore, and the U.S. from 2000 to 2004. After developing a temporal framework of negotiation linkage, the study examines how one negotiation can influence another negotiation when time is treated as an independent variable and negotiation process and outcome are treated as dependent variables. The study's findings can be used to help negotiation scholars and practitioners strategically manage the opportunities and challenges inherent in negotiation linkage dynamics. The study concludes with a proposed research agenda and a temporal enhancement of the negotiation paradigm.     

Toward a definitive antitrust standard for nonprofit hospital mergers

Despite decades of federal and state regulatory efforts to encourage more efficient utilization of hospital resources, recent federal antitrust enforcement actions assert that nonprofit hospital mergers are detrimental to consumers. This policy, however, is derived from misguided attempts to apply the economic assumptions of for-profit industries to the nonprofit hospital sector and to extend statutes enacted to restrain national economic concentration to local nonprofit enterprises. This paper concludes that a rational antitrust enforcement policy that recognizes the unique characteristics of hospital markets can be described within the confines of existing antitrust statutes.     

Trial complexity

A field experiment is reported that examines the effects of trial complexity and trial procedures on jury performance. Juror question asking and notetaking were randomly assigned to 75 civil and 85 criminal trials. Principal components analyses of judges' responses revealed three components of trial complexity: evidence complexity, legal complexity, and quantity of information. None of these components was significantly related to judge-jury verdict agreement. Each component uniquely affected jurors' assessment of the trial, but none affected theirs or the judges' verdict satisfaction. Interactions reveal that juror questions were most beneficial for assisting the jurors with legal complexity and evidence complexity. Natural variation in judges' commenting on the weight and credibility of witnesses, or summarizing the evidence, use of special verdict forms, pattern instructions, and juror orientation was also measured. Of these, the use of special verdict forms appeared to provide the greatest benefits.     

Rural jails: Problematic inmates, overcrowded cells, and cash-strapped counties

In the United States there were some 1,775 jails with one hundred beds or less, but there had been little empirical examination of these facilities, or the challenges that they confront. This survey of 213 jail administrators from these small facilities found that under-funding, overcrowding, and retention and recruitment of officers were the most significant challenges. By contrast, suicide and violence were perceived to be less serious problems. The small jails sampled also held relatively high percentages of special needs inmates, and this places further demands on these agencies. These challenges are very similar to problems identified several decades ago, suggesting that few structural or operational changes had been made in rural justice systems. In many places, rural jails acted as a default mechanism for failures in other social, health, or community systems and they become the place that “just can't say no.”     

The Definition and Measurement of ‘Gang Status’: Policy Implications for Juvenile Justice

In this article, we examine gang membership and gang activity in Dona Ana County, New Mexico. We collected the data through a self-administered questionnaire completed by 373 randomly selected 9th and 11th grade students attending two high schools and two junior high schools. By the self-report method, 56 indicated they were currently active in a gang; another 45 had been members of gangs but were no longer involved; and, “wannabes,” or students who at some time had considered joining a gang but did not or could not, totaled 68. The 169 students who indicated some interest in or involvement with gangs represented 45% of the total sample. A more restrictive definition of actual gang membership (i.e., the group must have initiation rites and employ some external symbols of membership, such as “colors,” tattoos, or handsigns) results in a different trichotomization. We employ both the self-definition and restrictive definition of gang membership in our analysis of their personal biographical characteristics and criminal behavior. Our findings suggest that self-definition demonstrates clearer ties to self-reported gang-related activities than does the more restrictive one. We discuss the policy implications of this finding in the article.     

State background checks and firearms homicides

This study examined the relationship between state firearms homicides and background checks for firearms purchases. Controlling for economic and social conditions, the estimated number of firearms in circulation, offenders under community supervision, and violent crime it was found that states with less stringent background checks on firearms purchases were significantly associated with firearms homicides. The large number of firearms circulating within the United States makes it likely that a motivated—but ineligible—person could obtain a firearm over the long-term in the secondary firearms market. Effective state background checks, however, may temporarily frustrate an unauthorized person from obtaining a firearm that, in turn, may contribute to lower firearms homicide rates. Implications for further research are examined.