The Day‐to‐Day Life of a Dean: Engaging in Negotiations and negotiations

This article analyzes the negotiating strategies and tactics that proved useful during my eight‐year stint as dean of the New York State School of Industrial and Labor Relations during the 1970s. David Lax and James Sebenius have paved the way with their pioneering work on The Manager as Negotiator. By taking this perspective to the academic setting, I have identified a portfolio of tactics that are helpful in understanding how an administrator operates in a complex environment. The examples presented in this article help flesh out the standard categories of distributive and integrative bargaining as well as forcing and fostering strategies for implementing change.     

COLLABORATIVE PRACTICE IN THE CANADIAN LANDSCAPE

This article looks at the growth of collaborative practice in Canada in the last decade and the legal and Canadian cultural underpinnings influencing this growth. Government recognition of and support for collaborative process has come from both the federal and provincial governments. Statutory support in family law statutes and in ethical standards for lawyers encourage alternate dispute resolution and have helped normalize consensual dispute resolution options. The article also looks at decisions from Canadian courts relating to the practice of collaborative law, including the confidentiality of collaborative process negotiations as set out in the participation agreement and the standard of care necessary for collaborative lawyers.     

国家安全学基础理论框架构建研究

国家安全学基础理论的构建是国家安全学学科建设的重要组成部分,缺乏国家安全学基础理论的支撑,国家安全学学科就犹如沙滩上的知识大厦,毫无根基可言。深刻理解国家安全问题的内涵,以国家安全问题为导向,遵循“问题→过程→结果”框架构建国家安全学基础理论,可使国家安全问题、国家安全认知、国家安全体系、国家安全能力、国家安全行为、国家安全极限等内容形成严密的逻辑整体。国家安全学基础理论以国家安全问题为逻辑起点和主线,国家安全问题构成预防和化解国家安全问题的“过程”和实现国家安全的“结果”的前提和保障。在“过程”中,国家安全问题通过国家安全认知、国家安全体系、国家安全能力、国家安全行为等要素的组合及其应用,得到预防和化解。国家安全极限作为国家安全目标实现的“结果”,意味着国家安全是一种相对安全而不是绝对安全,追求绝对安全必然导致安全困境,最终无法实现国家安全的目标。追求共同安全是国家安全极限应有之义。国家安全学基础理论遵循“问题→过程→结果”框架来构建其理论范式不能一蹴而就,需要共同努力,不断深化国家安全学基础理论研究。     

Consensus Arbitration: A Negotiation‐Based Decision‐Making Process for Arbitrators

In reaching their decisions, arbitrators are currently expected to act like judges by listening fully to both sides and then withdrawing to write the final and complete decision. But because of some key differences between their roles, I argue, arbitrators and judges should exercise completely different styles of decision making. Unlike judges, who make decisive rulings in order to enforce the law, arbitrators are empowered and chosen by the parties themselves to handle specific disputes or govern continuing relationships. Instead of shifting a negotiated process into an authoritative one, arbitrators have the capacity to solicit input from parties as they craft the award. Under a new model of arbitration that I call “consensus arbitration,” arbitrators would facilitate negotiation between the parties but retain the power to break impasses with partial, incomplete decisions, behaving more like facilitators than judges.     

纠纷解决过程的法社会学分析——读《纠纷的解决与审判制度》

以合意为正当性依据的准审判过程在现实运作中是一个决定性因素和合意性因素、状况性因素和规范性因素相互混合作用的过程;审判过程虽然是以中立性的决定方式解决纠纷,但是同样避免不了外部压力对其的影响和制约;准审判过程中的交涉性的合意机制能够为建构新的审判模式提供有益因素.     

Motivation and Intervention in the Northern Ireland Peace Process: An Interview with President Bill Clinton

The role of former U.S. President William Jefferson Clinton in the Northern Ireland peace process has been acknowledged as an example of political risk‐taking and leadership driven by political interests and strategic post–Cold War aims. The tendency to examine Clinton's role from the perspective of international and global policy objectives, however, has obscured consideration of his motivational role in the Northern Ireland peace process and of how he moved between encouragement and intervention to help the political parties reach a settlement. This article, which is drawn from an extended interview conducted with Clinton in 2017, seeks to paint a more comprehensive picture of Clinton's participation in the peace process, showing how his combination of motivational and interventional skills enabled him to help convince others of the need to take risks for peace and gave him greater influence and leverage over the peace process as a result.     

The politics of recognition of Crimean Tatar collective rights in the post-Soviet period: With special attention to the Russian annexation of Crimea

This paper examines the process of how Crimean Tatars strived to attain group-differentiated rights since they have returned to their homeland in the early 1990s. Whereas the politics of minority rights were viewed through security lens in earlier literature, we emphasize the significance of cultural constructs in influencing the minority policies, based on qualitative content analysis of “speech acts” of elites, and movement and policy documents. Focusing on the interaction of the framing processes of Crimean Tatars with the Crimean regional government, Ukraine, and Russia, we argue that the “neo-Stalinist frame” has played a major role in denying the rights of Crimean Tatars for self-determination and preservation of their ethnic identity in both pre and post annexation Crimea. The Crimean Tatars counter-framed against neo-Stalinist frame both in the pre and post-annexation period by demanding their rights as “indigenous people”. Ukraine experienced a frame transformation after the Euromaidan protests, by shifting from a neo-Stalinist frame into a “multiculturalist frame”, which became evident in recognition of the Crimean Tatar status as indigenous people of Crimea.     

Why Violence Abates: Imposed and Elective Declines in Terrorist Attacks

Previous scholarship on variations in violence within a given terrorist organization has primarily focused on factors that lead to the inception or destruction of that organization. However, violence varies substantially even during the “prime” of an organization's life. This article aims to understand why violence varies in the short term within many organizations, and places a special focus on declines in violence. Specifically, I argue that terrorists face countervailing incentives in terms of how much violence to use, and that when declines in violent activity do occur, they can be divided into two types: a) elective declines, which are usually temporary and used for organizational or reputational recovery; and b) imposed declines, which are dictated by changes in the relative capability of an organization, and are more likely to be permanent. The causal pathways to each type of decline are discussed, and a plausibility probe, consisting of case studies of three terrorist organizations, is then developed to substantiate this theory. The findings have notable implications for counterterrorism policy, as they illustrate not only when and why terrorists choose to curtail violent attacks, but also the conditions that determine whether declines in violence are temporary or permanent.     

Risky Sexual Behaviors in First and Second Generation Hispanic Immigrant Youth

Though official data document that Hispanic youth are at a great risk for early sexual intercourse, STDs, and teen pregnancy, only few etiological studies have been conducted on Hispanic youth; almost no work has examined potential generational differences in these behaviors, and thus, these behaviors may have been mistakenly attributed to cultural differences. The current study examined the relationships between maternal parenting (general communication, communication about sex, monitoring, support) and risky sexual behaviors, and potential moderating effects by immigration status and acculturation in 1st and 2nd generation Hispanic immigrant adolescents (N = 2,016) from the National Longitudinal Study of Adolescent Health (Waves I and II). Maternal communication about sex and maternal support emerged as key predictors of risky sexual behaviors across generational groups; neither immigration status nor acculturation moderated the maternal parenting constructs-risky sexual behaviors links. Furthermore, maternal parenting constructs and their relationships with risky sexual behaviors did not differ by generational groups.

Cultural Orientations, Daily Activities, and Adjustment in Mexican American Youth

The links between youth’s daily activities and adjustment and the role of cultural practices and values in these links were studied in 469 youth from 237 Mexican American families. In home interviews, data on mothers’, fathers’, and two adolescent-age siblings’ cultural practices (language use, social contacts) and values (for familism, for education achievement) were collected, along with data on youth risky behavior and depressive symptoms. In 7 nightly phone calls, youth reported on their day’s free time activities (i.e., sports, academics, religious activities, television viewing, and hanging out). Analyses revealed that youth who spent more time in unsupervised hanging out reported more depressive symptoms and risky behavior, and those who spent more time in academic activities reported less risky behavior. Results also indicated that more Anglo-oriented youth spent more time in sports, that more Mexican-oriented youth spent more time watching television, that fathers’ familism values were related to youth’s time in religious activities, and that parents’ educational values were linked to youth’s time in academic activities. Some evidence indicated that parents’ cultural practices and values, particularly fathers’, moderated the links between daily activities and youth adjustment.