The Reputational Advantages of Demonstrating Trustworthiness: Using the Reputation Index with Law Students

Lawyers should care about their reputations. But exactly what sort of reputation should lawyers seek to establish and maintain in the largely nontransparent context of legal negotiation? And even if a lawyer has developed a reputation as a negotiator, how will he/she know what it is and how it came to be? I force my students to grapple with these questions by incorporating the issues of reputation and reputation development into my negotiation/mediation course. I introduced this innovation at the same time that I decided to increase my focus on developing students' skills in distributive (or value‐claiming) negotiation. Although legal negotiation certainly offers frequent opportunities for the creation of integrative joint and individual gains, the process will almost inevitably involve distribution. The pie, once baked, must be cut. As a result, I now base a portion of my students' final grade on the objective results they achieve in two negotiation simulations. Two dangers of this assessment choice are that it can encourage students to focus only on the numbers and, even worse, engage in “sharp practice”— an extreme form of hard bargaining that tests ethical boundaries — in order to achieve the best short‐term distributive outcomes. Of course, neither a quantitative focus nor sharp practice is synonymous with a distributive approach to negotiation. Nonetheless, to counterbalance the temptations posed by the focus on, and ranking of, objective results, I also base part of students' final grades on their scores on a “Reputation Index.” These scores are based on students' nominations of their peers, accompanied by explanatory comments. This article describes the Reputation Index and how I use it. It also explores the empirical support for the validity of the Reputation Index as a tool for simulating the development and assessment of lawyers' reputations in the “real world.” To that end, the article considers research regarding the bases for lawyers' perceptions of effectiveness in legal negotiation, the sometimes counterintuitive distinction between negotiation “approach” and negotiation “style,” and the relationships among perceptions of negotiation style, procedural justice, trustworthiness, and reputation.     

Stable isotope analysis of human hair and nail samples: the effects of storage on samples

When submitting samples for analysis, maintaining sample integrity is essential. Appropriate packaging must be used to prevent damage, contamination or loss of sample. This is particularly important for stable isotope analysis by isotope ratio mass spectrometry as this technique is capable of detecting subtle differences in isotopic composition with great precision. In a novel study, scalp hair and fingernail samples were placed in five different types of packaging, routinely used in forensic laboratories and stored for 6 weeks and 6 months. Samples were subsequently cleaned and submitted for (13)C/(12)C, (15)N/(14)N, (2)H/(1)H and (18)O/(16)O analysis. Results from (13)C analysis indicate that type of packaging can cause slight changes in (13)C abundance over time. Differences were noted in the (15)N isotope signatures of both hair and nail samples after 6-week storage, but not after 6 months. This apparent discrepancy could be a result of the packaging not being properly sealed in the 6 weeks study. Fewer differences were noted when analyzing samples for (2)H and (18)O abundance.     

WHAT WE KNOW NOW: FINDINGS FROM DEPENDENCY MEDIATION RESEARCH

After approximately 15 years of research on court-based dependency mediation programs, answers have emerged for many, but not all, of the questions that surround dependency mediation. This article explores what has been learned about court-based dependency mediation through research and what new and persisting questions remain. The article reviews empirical studies of child protection mediation. The topics considered include what we have learned about the organization and structure of mediation programs, what have we learned about settlement in mediation, and whether there are benefits to mediation beyond the mere fact that settlements are reached.     

Development and evaluation of multiplex Y-STR assays for application in molecular genealogy

Three multiplex PCRs were developed for the analysis of 14 single-copy and 4 multi-copy Y chromosome Short Tandem Repeat (STR) loci routinely used by several public genealogical databases. These assays were used in addition to PowerPlex^® Y for the analysis of 245 DNA samples from a genealogical project. In total 244 different haplotypes composed of 37–40 alleles were identified with one haplotype identical between two males with the same surname. The multi-copy loci DYS464 and DYS724 were the most polymorphic with a gene diversity of at least 0.964. The use of DYS454 and DYS455 can be questioned as these loci had the lowest gene diversity (0.039 and 0.269, respectively).     

The Three Major Components of Behavior Used for Assessing Pain: Problems Faced When There Is Discordance Among the Three

The present article discusses the three major components of behavior that are used for assessing pain—self-report, overt behavior/function, and physical indices. Issues concerning the reliable operational definitions of these three behavioral referents of pain are reviewed, as well as the fact that a high degree of concordance or precise overlap among the three cannot be automatically assumed. The best biopsychosocial assessment approved to be used when discordance occurs—a stepwise approach to assessment—is then presented. Finally, in addition to the often complex interactions among the three behavioral referents of pain, what makes this assessment area even more complicated is that there may also be complex interactions among the construct of pain and the two related constructs of impairment and disability. These potential complexities are also discussed.     

Malingering and Pain: is this a Major Problem in the Medicolegal Setting?

The term malingering has a negative connotation, in that it is considered to intentionally project exaggerated physical and/or psychosocial symptoms for the purpose of gaining some external rewards/secondary gain. The present article will review a number of misconceptions about malingering, as well as the inherent problem in objectively measuring this construct. It will be suggested that a more comprehensive biopsychosocial approach should be used to evaluate potential barriers to recovery, as well as suboptimal performance that may delay, or prevent, recovery over an expected time period for musculoskeletal pain disorders. Such an approach will eliminate the common misuse and misdiagnosis of the construct of malingering.     

Urinary excretion profiles of 11-nor-9-carboxy-delta9-tetrahydrocannabinol and 11-hydroxy-delta9-THC: cannabinoid metabolites to creatinine ratio study IV

The objective of this study was to compare urinary excretion patterns of two cannabinoid metabolites in subjects with a history of chronic marijuana use. The first metabolite analyzed was nor-9-carboxy-delta9-tetrahydrocannabinol (delta9-THC-COOH), the major urinary cannabinoid metabolite that is pharmacologically inactive. The second metabolite 11-OH-delta9-THC is an active cannabinoid metabolite and is not routinely measured. Urine specimens were collected from four subjects on 12-20 occasions > or = 96 h apart in an uncontrolled clinical setting. Creatinine was analyzed in each urine specimen by the colorimetric modified Jaffé reaction on a SYVA 30R biochemical analyzer. All urine specimens analyzed for 11-OH-delta9-THC had screened positive for cannabinoids with the EMIT II Plus cannabinoids assay (cut-off 50 ng/mL) on a SYVA 30R analyzer and submitted for delta9-THC-COOH confirmation by GC-MS (cut-off concentration 15 ng/mL). Eleven-OH-delta9-THC was measured by GC-MS with a cut-off concentration of 3 ng/mL. Both GC-MS methods for cannabinoid metabolites used deuterated internal standards for quantitative analysis. The mean (range) of urinary delta9-THC-COOH concentration was 1153 ng/mL (78.7-2634) with a cut-off of 15 ng/mL. The mean (range) of delta9-THC-COOH/creatinine ratios (ng/mL delta9-THC-COOH/mmol/L creatinine) was 84.1 (8.1-122.1). The mean (range) urinary of 11-OH-delta9-THC concentration was 387.6 ng/mL (11.9-783) with a cut-off of 3 ng/mL, and the mean (range) of 11-OH-delta9-THC/creatinine ratio (ng/mL 11-OH-delta9-THC/mmol/L creatinine) was 29.7 (1.2-40.7). Of the 63 urine specimens submitted for delta9-THC-COOH confirmation by GC-MS, 59/63 urine specimens (94%) were positive for delta9 -THC-COOH and 51/63 (81%) were positive for 11-OH-delta9-THC. Overall, the concentrations of 11-OH-delta9-THC in urine specimens collected > or = 96 h apart were lower than delta9-THC-COOH concentrations in 50/51 of the urine specimens in this population. Further urinary cannabinoid excretion studies are needed to assess whether 11-OH-delta9-THC analyses have a role when assessing previous marijuana or hashish use in chronic users whose urine specimens remain positive for delta9-THC-COOH for an extended period of time after last drug use.