The Deceptive Simplicity of Teaching Negotiation: Reflections on Thirty Years of the Negotiation Workshop

What is required for effective teaching depends on the goal of the effort, and our criteria for success should be much more demanding than positive ratings from participants. If the goal is to improve participants' effectiveness as negotiators, we need a proven theory and associated skills. In the absence of robust confirming empirical data, which is still mostly lacking, we can take some confidence from qualitative evaluations. But whether or not we have a proven theory, the pedagogical task is complex and challenging, calling for a variety of sophisticated techniques deployed by a skilled instructor committed to joint learning. This article tells the story of some of the instructors' pedagogical learnings in thirty years of teaching the pioneering Negotiation Workshop at Harvard Law School, many of which now have empirical support. It also suggests some areas and tools for more experimentation in future advanced courses.     

Cultural climate change

The cultural climate in the last year has changed globally with potential significance for stability. Unless politicians, defence forces and ministries learn to monitor cultural tensions as effectively as environmental ones, they will constantly find themselves surprised. Failing security is a symptom, not a cause, of social and political unrest. In much the same way the current rush to religion is symptomatic of the battle between conservative and liberal agendas, with conservative forces summoning renewed religious zeal to redefine identity and counteract freedom of movement, behaviour, expression and belief. It is a battle liberal thinkers cannot afford to lose.     

Dimensions of Politics in the European Parliament

We investigate the dimensionality of politics in the European Parliament by applying a scaling method to all roll-call votes between 1979 and 2001 in the European Parliament. Contrary to most existing studies using these methods, we are able to interpret the substantive content of the observed dimensions using exogenous measures of national party policy positions. We find that the main dimension of politics in the European Union's only elected institution is the classic left-right dimension found in domestic politics. A second dimension is also present, although to a lesser extent, which captures government-opposition conflicts as well as national and European party positions on European integration.     

Shadow Writing and Participant Observation: A Study of Criminal Justice Social Work Around Sentencing

The study of decision‐making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio‐legal researchers get inside the heads of legal decision‐makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate the decision‐making practices of criminal justice social workers in writing pre‐sentence reports for the courts. This technique, called ‘shadow writing’, involved a particular form of participant observation whereby the researcher mimicked the process of report writing in parallel with the social workers. By comparing these ‘shadow reports’ with the real reports in a training‐like setting, the social workers revealed in detail the subtleties of their communicative strategies embedded in particular reports and their sensibilities about report writing more generally.     

Understanding Contemporary Cryptography and its Wider Impact upon the General Law

As the move toward the wider regulation of cryptography, both within the United Kingdom and elsewhere, becomes increasingly irresistible, the degree of understanding afforded to cryptography at the level of policy formation remains underdeveloped, ambiguous and, at times, misleading. One corollary of such solicitude is that a number of the most important and pervasive legal issues that flow naturally from the widespread availability of cryptography remain largely unexplored. This article attempts to remedy these deficiencies. It begins by offering a brief historical perspective before progressing to consider more substantive issues such as cryptography's aims, power, limitations, effectiveness and future. Ignoring, to a large extent, issues of law enforcement, and focusing, in particular, upon both the law of data protection, and, to a lesser extent, the general law of obligations in the United Kingdom, this article argues that the decision to utilise cryptography will not simply prove a matter of choice, preference or expediency, but of legal and commercial necessity in order to avoid the potential imposition of widespread indeterminate liability.     

Reconciling Pluralism and Consensus as Political Ideals

While consensus is often taken to be the ideal way to secure political legitimacy, a more robust pluralism has many defenders too. We attempt to reconcile arguments for pluralism and consensus. Pluralism ought to be accepted and valued at the simple level of values, beliefs, and preferences. Pluralism at this level can nevertheless coexist with normative, epistemic, and/or preference meta-consensus, all of which have qualities that should attract even pluralists. However, close attention must be paid to the content of meta-consensus and the conditions of its production or discovery.     

Fracking in New York State: Weighing Risks and Benefits

The controversial decision to ban fracking in New York State, most notably in the Marcellus Shale formation, was informed by global, national, state, and local issues that have general relevance. Without prejudging whether fracking can be undertaken safely, we discuss the science of fracking, focusing primarily on widely reported public health and environmental risks, especially those associated with greenhouse gas emissions. Based upon such concerns, any reconsideration of the fracking ban in New York should include, at a minimum, consideration of imposing public and environmental health risk management requirements as proven feasible and successful via industry experience. Fracking should be viewed as one choice among alternative energy strategies, all of which pose risks, rather than simplistically classified as either safe or unsafe. Assuming that our energy needs will continue to grow, our goal should be to guide the evolution of our energy portfolio toward sustainable sources as they emerge as feasible energy alternatives.