Pre-Settlement Settlement (PreSS): A Simple Technique for Initiating Complex Negotiations

Pre-setttement settlement, or PreSS, is a negotiation technique that precedes and potentially facilitates a final settlement. A PreSS is distinguished by three characteristics. It is: formal (being a binding agreement), initial (being the first step of a longer process), and partial (covering only a subset of issues). PreSS provides a conceptual umbrella for several existing concepts in the negotiation literature. The what, when, and why of PreSS are delineated and examples of pre-settlement settlement are provided.     

The WODC Research and Documentation Centre; its Past and Current Research

This paper describes a number of past and present research projects carried out by or in assignment for the WODC Research and Documentation Centre of The Netherlands Ministry of Justice. As an introduction, we briefly describe how the WODC came into existence, and how it evolved over the years. We highlight a number of studies and themes that were focused on in the past, and we describe in more detail a number of on-going projects.We end by outlining the WODC's plans for the future.     

Parasitic Integration: Win-Win Agreements Containing Losers

Parasitic integration involves agreements that are Pareto-superior for two or more of the negotiating parties, while being inferior for one or more of the remaining negotiating parties. The contrast between parasitic integration and integrative bargaining is highlighted. A taxonomy and examples of parasitic integration are provided, as well as linkages to specific areas in the negotiation literature.     

Intergenerational Justice and Climate Change

Global climate change has important implications for the way in which benefits and burdens will be distributed amongst present and future generations. As a result it raises important questions of intergenerational justice. It is shown that there is at least one serious problem for those who wish to approach these questions by utilizing familiar principles of justice. This is that such theories often pre-suppose harm-based accounts of injustice which are incompatible with the fact that the very social policies which climatologists and scientists claim will reduce the risks of climate change will also predictably, if indirectly, determine which individuals will live in the future. One proposed solution to this problem is outlined grounded in terms of the notion of collective interests.     

Americans and the Rise of China as a World Power

The rapid ascendency of China has attracted considerable attention from American scholars, policymakers, and media. Yet what does the American public think about the rise of China as a world power? In this paper we use survey data collected by the Chicago Council on Global Affairs and other organizations to explore the nature and causes of Americans' views. It turns out that most Americans are well aware of the rise of China. Some are apprehensive about that rise, chiefly for national security (rather than economic) reasons, and many favor a degree of off-shore ‘balancing’ of the sort that realists recommend. But few Americans want to actively work to limit the rise of China. Very few favor the use of troops to defend Taiwan. Very few favor a nuclear-armed Japan. Large majorities of Americans take stands more akin to those of neo-liberals than realist theorists, favoring cooperation and peaceful engagement with China.     

The Appointment, Removal and Responsibilities of Public Sector Chief Executives in Australia: Some Recent Developments

In the little over the decade since the publication of Smith's Public Employment Law and McCarry's Aspects of Public Sector Employment Law, much as changed in the law of public sector employment in Australia. This article briefly surveys some of the major developments in public sector employment law in Australia during the 1990s in relation to departmental chief executive departmental heads.     

Bridging the Divide between Evidence and Policy in Public Sector Decision Making: A Practitioner's Perspective

While policy advocates can help bridge the divide between evidence and policy in decision making by focusing on ambiguity and uncertainty, policy makers must also play a role by promoting and preserving deliberative processes that value evidence as a core element in leveling raw constituent opinion, ultimately resulting in a better‐informed electorate. Building on existing research and analytic capability, state legislatures can increase the demand for and delivery of relevant information, giving the institution the capacity to keep abreast of research in critical public policy areas. By implementing data and time‐conscious evaluative frameworks that emphasize evidence‐based decision making and longitudinal cost–benefit analytics at critical policy‐making junctures, the institutional culture can become less unpredictable and the “rules of the game” can be more transparent. In 2015, Mississippi's legislative leaders created a system to review requests for new programs and funding using such an evidence screen.     

Forensic identification science evidence since Daubert: Part I--A quantitative analysis of the exclusion of forensic identification science evidence

The U.S. Supreme Court decisions in Daubert v. Merrell Dow Pharmaceuticals Inc. and Kumho Tire Co. Ltd. v. Carmichael transformed the way scientific expert evidence was reviewed in courts across the United States. To gauge the impact of these rulings on the admission of forensic identification evidence, the authors analyzed 548 judicial opinions from cases where admission of such evidence was challenged. Eighty-one cases (15%) involved exclusion or limitation of identification evidence, with 50 (65.7%) of these failing to meet the "reliability" threshold. This was largely because of a failure to demonstrate a sufficient scientific foundation for either the technique (27 cases) or the expert's conclusions (17 cases). The incidence of exclusion/limitation because of a lack of demonstrable reliability suggests that there is a continuing need for the forensic sciences to pursue research validating their underlying theories and techniques of identification to ensure their continued acceptance by the courts.