Propensity to Negotiate and Career Advancement: Evidence from an Investment Bank that Women Are on a "Slow Elevator"

Women are underrepresented at senior levels in most companies. This article examines whether gender differences in the propensity to negotiate contribute to this pattern. Based on a behavioral experiment run in a major investment bank in the United States, I found that fewer women than men are willing to negotiate, but employees who have a propensity to negotiate are promoted on average seventeen months more quickly than those who do not. Women advance more slowly than men, which accounts for the underrepresentation of women in senior positions. I conclude that gender differences in the propensity to negotiate partially explains why women are on a "slow elevator" to the top.     

商务口译的形式模态及其语境化特征

商务口译是国际商务活动中最常见的语际传播行为，其生活形式的模态赋予其特殊的语境体系。本文对商务口译语境特征的哲学意义及其语际传播过程的语境化特征两大方面进行了探讨，并阐述了商务口译语境的动态性、时问的封闭性、空间的开放性、蕴涵的复杂性、知识的无限性，这为商务口译的译语推理提供了充分依据，也对其实践提出了挑战。     

论侵犯商业秘密犯罪

通过对侵犯商业秘密犯罪的犯罪形态和共同犯罪问题的研究分析，认为从犯罪构成的角度看。该罪存在着犯罪未遂的形态。同时，结合司法实践，就该罪中共同犯罪的定罪量刑问题进行了探讨。     

Too Bad for the Women or Does It Have to Be? Gender and Negotiation Research over the Past Twenty‐Five Years

One overriding question that scholars have addressed over the past twenty‐five years is: are women the same or different from men when it comes to negotiating and what might explain these differences? The inquiry has shifted and has become more nuanced over time, but in its essence the issue of individual difference still dominates much of our thinking and research on the topic. The purpose of this article is to provide a structured overview of this considerable literature on gender and negotiation as it has evolved over the past twenty‐five years. In doing this, the article highlights how the social construction of gender has generally changed the discourse from essentialist concepts of differences between men and women to seeing gender as a more complex and shifting dimension of individual identity that is shaped by the contexts in which negotiation occurs. The second purpose of this article is to consider how recent feminist perspectives on gender, which have shifted from viewing gender as a property of individuals to considering the role of institutionalized social practices that sustain gender differences and inequities, can be incorporated into our understanding of gender relations in negotiation theory, practice, and research.     

Intuition or Counterintuition? The Science behind the Art of Negotiation

This article celebrates the achievements made by the community of negotiation researchers. Looking back on what has been accomplished, the article addresses three questions: How have we thought about negotiation? How have we studied it? And what have we discovered through conducting research? Of particular interest are counterintuitive findings about processes at the negotiating table, around the table, and away from the table. Building on these contributions, the article looks forward by asking: What are some avenues for further research? The article concludes optimistically by noting that there will be even more to celebrate at the journal's fiftieth anniversary.     

反商誉淡化中的法律对策--由一则攀附广告引发的思考

商誉实际上是商誉权主体的特殊经济利益,对商誉的侵害有直接曼害和间接侵害之分,由于商誉载体具有不确定性,对商誉进行淡化的闻接性侵权行为在实践中易被忽视.有必要探讨防止商誉淡化艺的方略,除了立法对商誉保护问题进行规定外,还需应对实践中层出不穷的新问题,设立有关商誉认定、监管的有关机构.     

商业秘密保护若干问题探讨

在市场经济条件下,商业秘密保护和专利权保护同等重要,两者相辅相成,共同构成对商业信息的保护.商业秘密可以给权利人带来经济利益和竞争优势,是无形财产,属于知识产权,但它又具有不同于传统知识产权的特点,在我国还是一个新鲜事物.完善相关立法对加强商业秘密的保护尤为重要.     

经营者赔偿责任的动态系统论--从第三人侵权的路径展开

经营场所第三人侵权时经营者是否承担赔偿责任 ,在立法制度设计和法解释上应当衡量多方面的因素 ,动态系统论给这一问题的思考提供了借鉴和启发。首先应当确定经营者承担责任的观点或因子 ,其次透过观点和因子进一步探索其背后的原理 ,最后通过比较命题反映出责任承担动态性和多样性。     

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.     

The Walk in the Woods: A Step‐by‐Step Method for Facilitating Interest‐Based Negotiation and Conflict Resolution

In this article, we describe a method we have used successfully in both academic and professional settings to rapidly introduce novice negotiators to the principles and practice of interest‐based negotiation: “the walk in the woods.” The walk incorporates much of the principles of interest‐based negotiation: fostering self‐awareness, cultivating curiosity, and understanding the importance of world view. The walk's effectiveness is illustrated in this article using the case of the merger of two large, complex health‐care organizations.