Empowering Students to Create and Claim Value through the Thomas–Kilmann Conflict Mode Instrument

In a world of problem‐solving lawyering, principled negotiation, and integrative bargaining, to describe a negotiation as “distributional” may strike some as heretical. Still, we disserve our students if we ignore distributional bargaining altogether. Unfortunately, many law students who are drawn to negotiation classes bring with them a fundamental discomfort with claiming value. Contrary to the stereotypes that attribute aggression and “sharp practices” to lawyers, many law students struggle to become more assertive. The Thomas–Kilmann Conflict Mode Instrument (TKI) is one tool that I have found can help raise students' awareness of, and comfort with, the reflexive responses to conflict that can impede their attempts to claim as well as create value in negotiation. The insights students gain from taking the TKI can be quickly put to use in the next negotiation role play. Although it may help students realize their dominant response to conflict, the TKI highlights that no single approach to negotiation is always best. Thus, the TKI can both encourage the reticent to claim more value in negotiation and suppress the seemingly insatiable appetites for value claiming that drive other students. When administering the TKI, I encourage students to learn at least four major lessons:

• 1 A negotiator has a choice in resolving the dilemma between value claiming and value creating. We are not just stuck with our reflexes.
• 2 Still, it is good to know what our reflexive response to conflict is likely to be so that we are more mindful of the choices as we make them.
• 3 Departing from reflexes requires energy: preparation, planning, mindfulness, and conscious effort.
• 4 Adaptability is desirable. A well‐integrated negotiator might move from one TKI “type” to another as a negotiation progresses.

In this article, I seek to give a very brief overview of the ways I have used the TKI to convey these lessons, increasing students' comfort with, and management of, value claiming. To this end, the article will describe the TKI, explain how I administer and debrief the students' encounter with it, and point out some potential pitfalls of this process.     

信息监管:我国信贷资产证券化监管之最优选择

信贷资产证券化作为一种金融创新,将间接融资直接化,打通了银行信用与市场信用,但其系统性风险的放大功能对流行的功能性金融监管模式也提出了严重挑战,美国次贷危机即彰显了现有监管模式对于信贷资产证券化的监管缺陷和失败。反思次贷危机的根源,本质上可以归咎于金融信息披露的严重失范。比较美国新的金融监管体系改革,立足中国实践,重构金融监管体系必须以信息监管为中心,以此构建一个统合的金融信息平台,形成有效的信息共享机制,并进一步完善金融机构和监管者对金融创新产品的全程信息披露制度,强化对金融消费者的保护。     

Cutting Edge Thinking

The Credit Crunch ushered in an era of austerity with massive cuts and job losses. It highlighted the gulf between the world of real people and the abstraction of high finance. Put simply, to prevent the melt‐down of the global economy, the needs, hopes and ambitions of millions are being sacrificed. Who controls and issues money is key. To be viable any system must be big enough for people to have faith it won't fail, and it has to be administered soundly. Local government is accountable to its electorate and, as such, should put their welfare first. It is essentially an administrative machine and certainly isn't going to go away. A truly local economy could emerge with authorities initially paying part of their staff's wages in local currency and accepting it in payment of rates. At a stroke, job cuts could be reversed and people's skills and experience valued again.     

中国税收信用缺失：原因及建议

税收信用制度是指以法律为基础,以信用为准则,在用税主体、征税主体和纳税主体之间建立的遵守法律规章,诚实守信的管理机制,它是社会信用体系的重要组成部分。税收信用的缺乏严重影响中国税收信用制度的构建,因此需要采取加强税收机关管理,提高税收服务意识,建立失信惩戒机制和诚信激励机制等措施改善中国税收信用缺失的现状。     

The electoral connection in presidential systems: non-legislative actions inside the Chilean congress

The purpose of this article is to explore how the features of districts affect representation activities in the Chilean Congress. Based on an analysis of interventions by deputies in the so-called Incidents Hour (Hora de Incidentes), we argue that district conditions affect the kind of appeals that deputies make. Specifically, we test two main hypotheses: a) that the degree of rurality of districts predicts greater use of policy intervention at the local level (local credit claiming), and b) that distance from the centre is an incentive for deputies to taking a position on local issues (local position taking). This article contributes to an understanding of how institutional spaces in the Congress serve not only as instruments for legislation but also, and with equal relevance, for representing constituents at the district level.     

信用卡诈骗罪的司法认定

近年来 ,信用卡诈骗发案率呈上升趋势。有关信用卡诈骗罪在司法认定中的一些疑难问题有必要进行深入探讨。信用卡诈骗罪中的“信用卡”应包含借记卡 ;盗窃信用卡并使用中的“信用卡” ,不包括伪卡或废卡 ;对拾得信用卡并获取密码而加以使用的行为 ,应以信用卡诈骗罪论处 ;对伪造信用卡并加以使用的行为 ,应以伪造金融票证罪论处。对于金融机构工作人员侵吞行为的定性 ,应依照刑法规定综合加以考虑 ,按不同情况分别定罪     

行政信用建设途径初探

政府行政信用是社会信用系统的核心与支柱 ,要建设良好的行政信用 ,就必须构建服务型行政 ,使政府行政取信于民 ;深化行政体制改革 ,转变政府职能 ;行政管理手段要由依政策为主转向主要依靠法律 ;转变行政工作作风 ,规范行政行为 ;严惩行政腐败 ,建设廉洁政府     

我国信用风险及其立法规制研究

近年来我国信用缺失问题变得越来越严重,信用风险也日益加大,信用立法于是被提上议事日程。虽然目前我国的信用制度和信用立法已经取得了一定成绩,但是存在的问题依然很多,只有继续加强法制建设,我国的信用制度和信用立法才能健康有序发展。     

How Location Efficient Is LIHTC? Measuring and Explaining State-Level Achievement

A growing recognition that the cost of transportation should be included in calculations of housing affordability has led to efforts to promote location efficiency (LE) in affordable housing policy. Because the program is responsible for most new affordable housing in the United States, the Low Income Housing Tax Credit (LIHTC) program has the potential to be a link between housing affordability and LE. This research analyzes the extent to which LIHTC units built between 2007 and 2011 were in location-efficient places. Ordinary least squares regression analysis was used to test the role of market, policy, developer, and urban form factors in determining state-level LIHTC LE. We find that for the nation as a whole, from a quarter to half of LIHTC units added during this period were in location-efficient places, depending on the LE criteria applied. State-by-state comparisons showed wide variation in both our absolute measures of LIHTC LE and our relative measures of LIHTC LE compared with overall housing in each state. State policy and nonprofit developers were associated with higher LIHTC LE and had a positive effect on a state’s ability to outperform its underlying urban form.     

信用卡恶意透支案件侦查思路探析

信用卡恶意透支的作案手段是信用卡恶意透支案件侦查思路逻辑推演的重要依据 ,其作案手段有 :虚构持卡人身份 ,骗取信用卡后 ,用骗得的信用卡进行恶意透支 ;借用他人的信用卡恶意透支 ;银行工作人员与持卡人恶意串通 ,在发现了其透支后 ,不仅不及时止付 ,反而授权透支而造成的恶意透支等。其侦查思路是 :重点查找书证和物 ,弄清持卡人基本情况 ,充分利用书证和物证的序列性 ,对偶性和差异性以及各种恶意透支手段所涉及的人员进行调查 ,大力加强计算机证据收集和认定 ,为认定信用卡恶意透支犯罪提供有力的证据支持。