Honesty among lawyers: Moral character, game framing, and honest disclosures in negotiations

2021 ◽  
Author(s):  
Taya R. Cohen ◽  
Erik G Helzer ◽  
Robert Creo

Lawyers have broad discretion in deciding how honestly to behave when negotiating. We propose that lawyers’ choices about whether to disclose information to correct misimpressions by opposing counsel are guided by their moral character and their cognitive framing of negotiation. To investigate this possibility, we surveyed 215 lawyers from across the United States, examining the degree to which honest disclosure is associated with lawyers’ moral character and their tendency to frame negotiation in game-like terms—a construal of negotiation that we label game framing. We hypothesize that the more that lawyers view negotiation through a game frame—that is, the more they view negotiation as an adversarial context with arbitrary and artificial rules—the less honest they will be in situations in which honest disclosure is not mandated by professional rules of conduct. We further hypothesize that lawyers with higher levels of moral character will apply a game frame to negotiation to a lesser degree than will lawyers with lower levels of moral character, and that honesty when negotiating will be higher when lawyers have higher versus lower levels of moral character. Our study results support these hypotheses. This work suggests that focusing on game-like aspects of negotiation can induce a less moral and ethical mindset. To the extent that teaching law students to “think like a lawyer” encourages them to adopt a game frame of negotiation, we can expect such training to reduce the likelihood of honest disclosure.

Assessment ◽  
2020 ◽  
pp. 107319112097338
Author(s):  
Naheed Ahmed

Background: Hate crimes against Muslim Americans have increased exponentially in the past 20 years, but there is currently no scale for measuring perceived anti-Muslim discrimination in the United States. To fill this gap, this study used a mixed-method approach to develop scales for measuring perceived anti-Muslim discrimination. Method: Qualitative data informed the development and validation of the 19-item Societal Anti-Muslim Discrimination Index and the 9-item Interpersonal Anti-Muslim Discrimination Index. Quantitative data ( N = 347) were collected from Muslim Americans using an online survey and used to assess the anti-Muslim indexes. Results: Qualitative data contributed to the refinement scale items. Quantitative results indicated one-component models and modest to high reliability of the Interpersonal Anti-Muslim Discrimination Index (.77) and Societal Anti-Muslim Discrimination Index (.88) scales. Discussion: Study results established the validity of these novel scales for measuring the distinct facets of anti-Muslim discrimination not captured by the Everyday Discrimination Index. These scales will facilitate research on anti-Muslim discrimination and the health implications of this form of religious-based discrimination.


2018 ◽  
Vol 18 (4) ◽  
pp. 219-226
Author(s):  
Brian Detweiler ◽  
Kimberly Mattioli ◽  
Mike Martinez

AbstractToday's students have come to expect library services that are quite different from their predecessors and law librarians must evolve to meet their needs. As law libraries in the United States face the realities of declining enrolment and decreasing budgets, it is imperative that we find new and creative ways to build positive relationships with our students while also preparing them for the realities of practicing law in an environment driven by rapid technological change. Three law librarians from the United States, Brian Detweiler, Kimberly Mattioli, and Mike Martinez, Jr., discuss their successes and failures in reaching out to their student populations, creating and evaluating various student-centred instructional programmes, and in establishing a strategic plan to meet the needs of millennial law students.


Author(s):  
Denise C. Vidot ◽  
Jessica Y. Islam ◽  
Marlene Camacho-Rivera ◽  
Melissa B. Harrell ◽  
Devika R. Rao ◽  
...  

1987 ◽  
Vol 80 (5) ◽  
pp. 359-368
Author(s):  
Patricia J. Horvath

Japanese results from the Second International Mathematics Study (SIMS) for first-year middle school and third-year high school students appeared in Septemher 1981 under the title Chuugakkoo-Kookoo no Suugaku no Seiseki (Mathematics Achievement of Middle and High School Students). United States' results for SIMS for the eighth and twelfth graders appeared, respectively, in the April 1985 editions of the Arithmetic Teacher and Mathematics Teacher (McKnight and Travers 1985a, 1985b). More detailed results were available in a report entitled Second International Mathematics Study Summary Report for the United States of January 1985. Given the current state of thinking and interest on both sides of the Pacific in mathematics achievement, a look at some of the results for Japan in comparison with those of the United States is very timely.


Blood ◽  
2018 ◽  
Vol 132 (Supplement 1) ◽  
pp. 2481-2481
Author(s):  
Rajiv K. Pruthi ◽  
Donna D. Castellone ◽  
Nikki Church ◽  
Lilley Leong ◽  
Steve Kitchen

Abstract Introduction: Differences in coagulation assay reagents may lead to variable results for some extended-half-life (EHL) recombinant factor VIII (rFVIII) products, with the potential to adversely affect patient care. Laboratories assessing EHL-rFVIII activity can choose from many available one-stage assay and chromogenic assay reagents. A field study was conducted to evaluate the ability of clinical laboratories to accurately measure FVIII activity in plasma samples spiked with BAY 94-9027, an EHL rFVIII, when using diverse assay reagents and when guided in the choice of reagent. In a regional subanalysis, BAY 94-9027 field study results from clinical laboratories in the United States and Canada were compared with those from Europe and Israel. Methods: In this 2-part study, a broad range of laboratories in the United States, Canada, Europe (Austria, Germany, Italy, Romania, Spain, Switzerland, United Kingdom), and Israel were provided samples containing defined concentrations of BAY 94-9027 or an unmodified rFVIII (antihemophilic factor [recombinant] plasma/albumin-free method [rAHF-PFM]) as a control. In part 1, each laboratory measured FVIII activity using their routine methods (one-stage assay, chromogenic assay, or both); laboratories that had ≥2 routine one-stage assays were asked to perform sample testing with one of the less commonly used assays in the laboratory to ensure that part 1 captured both the prevalence and heterogeneity of one-stage assays used in the geographic regions studied. In part 2, laboratories used one-stage assays with SynthASil and Pathromtin SL reagents provided by Bayer; SynthASil and Pathromtin SL have previously been shown to accurately measure BAY 94-9027 and full-length rFVIII products. The field study data were analyzed to identify the most commonly used reagents in the 2 regions (United States/Canada and Europe/Israel) and to assess if regional differences resulted in differences in accuracy of FVIII activity measurement. Results: 52 laboratories (US/Canada, n=25; Europe/Israel, n=27) participated in the field study. The one-stage reagent SynthASil was commonly used in all countries (n=15) in part 1, but differences were seen in the frequency of use of other reagents. PTT-A (n=6) and Actin FSL (n=5) were frequently used in the US/Canada and Actin FS (n=6) and Pathromtin SL (n=6) in Europe/Israel. Regional differences in the choice of assay, with US/Canada more likely to use assays that did not accurately measure BAY 94-9027, affected the ability of laboratories to accurately measure FVIII activity in the spiked samples (Figure). In part 1 of the study, regional differences in median recovery of BAY 94-9027 were seen among laboratories when using their own in-house one-stage assays. These differences were not seen in part 2 of the study when laboratories used provided reagents (SynthASil and Pathromtin SL), despite using the same instrumentation as used in part 1. Regional differences in part 1 might have been exacerbated by use of less common, and potentially inappropriate, one-stage assay reagents, affecting the accuracy of BAY 94-9027 measurement. Chromogenic assay use was more common in Europe/Israel (n=11) than US/Canada (n=5). No regional differences in chromogenic assay results were observed. Conclusions: Most clinical laboratories were able to accurately measure BAY 94-9027 activity using their in-house assays. However, regional differences in the accurate measurement of BAY 94-9027 activity were influenced by regional choice of one-stage reagents used in part 1 of the study; the activity and accuracy differences were eliminated when all laboratories used the same provided one-stage reagents with their in-house instruments (part 2 of study). Therefore, standardization of laboratory procedures and use of newer, more accurate one-stage assay reagents should improve measurement of FVIII activity with EHL products. Figure. Figure. Disclosures Castellone: Bayer: Membership on an entity's Board of Directors or advisory committees; Wilmer-Hale: Consultancy. Church:Bayer: Employment. Leong:Bayer: Employment. Kitchen:Bayer: Consultancy, Other: travel reimbursement, Speakers Bureau.


2020 ◽  
Vol 5 (5) ◽  
pp. 364-370
Author(s):  
Kh. Khimenes ◽  
◽  
Yu. Briskin ◽  
M. Pityn ◽  
I. Hluhov ◽  
...  

Professional sports leagues today are trying to increase their income and looking for new sources for this. In the United States, most leagues in one sport are monopoly structures. Considering the National Football League in this context, it is worth noting its rather strict policy towards possible competitors at the football market. At the same time, throughout the history of American football, there have been attempts to organize competing structures that have been more or less successful. The purpose of the study was to identify the features of the formation American football organizations in North America at different times, the factors of successes and failures. Material and methods. The main material on which the study was based was data from the Internet, official websites of American football organizations and official ratings of Forbes magazine. To achieve the stated purpose, we used the following research methods: data analysis and generalization; theoretical interpretation and explanation; analysis of documentary materials. Results and discussion. The study results showed that during the formation and development of American football in the United States, except for the National Football League, six other organizations tried to create competition for it at one time or another. Among them were All-American Football Conference, American Football League, World Football League, United State Football League, Xtreme Football League, and Alliance of American Football. All these organizations generally sought to be better than National Football League through more progressive steps towards the development of football, but the conservatism of the National Football League always allowed it to remain the winner. Most of the newly formed leagues could not withstand the uncompromising financial struggle for high-class athletes, but the XFL and AAF, which was created in the 21st century, were defeated by precautionary measures during the COVID-19 pandemic and the game seasons were canceled. Conclusion. The key factors formation of organizations that sought to develop American football in the United States (except the National Football League) were: the growing popularity of this sport; a large number of athletes, who aspired to develop in this sport, but could not do it in National Football League; the emergence of enthusiasts with significant financial resources, who sought to invest in football projects and at the same time increase their own resources; technological progress, in particular in football. However, none of these organizations stayed long in the football business and lost to the National Football League. The reasons for this were: improper distribution of financial resources in the middle of the leagues; unjustified steps in the desire to be more progressive than the National Football League; the dominant authority of the National Football League; external factors (wars, epidemics / pandemics, global economic and political crises, etc.)


Stroke ◽  
2020 ◽  
Vol 51 (Suppl_1) ◽  
Author(s):  
Sai P Polineni ◽  
Fadar O Otite ◽  
Seemant Chaturvedi

Background: The aim of this study is to evaluate current trends in racial, age, and sex-specific utilization of decompressive hemicraniectomy (HC) in acute ischemic stroke (AIS) patients in the United States over the last decade. Methods: All adult patients with a diagnosis of AIS were identified from the 2004-2015 Nationwide Inpatient Sample (weighted N=4,792,428) using International Classification of Diseases Ninth revision (ICD-9) codes. Proportion of patients undergoing HC in various age, race, and sex groups were ascertained using ICD-9 procedural codes. Temporal trends were mapped by year in order to track changes in utilization over time. Analysis of utilization disparities and trends within age, sex, and race subgroups was conducted via multivariate logistic regression. Results: Of all eligible AIS patients from 2004-2015, 0.25% underwent HC (.08 in 2004 to .46 in 2015). Increased utilization over time was seen in both men (.13 to .57) and women (.08 to .54), with women showing comparable odds of utilization to men [OR: 0.95 (95% CI: .87-1.04, p=0.27)]. Similarly, increased utilization trends were seen in all age groups (Figure 1) with the highest rates in the 18-39 subgroup (1.41%). Compared to trends in this younger subgroup (.43 to 2.12), patients aged 60-79 experienced a similar overall increase but at lower utilization rates (.06 to .37). Compared to white patients in multivariate models, blacks did not show significant differences in odds of HC [1.09 (.96-1.24, p=0.20)], while patients from Hispanic [1.25 (1.03-1.51, p=0.02)] and other [1.26 (1.04-1.52, p=0.02)] race-ethnic groups showed increased odds. Conclusions: From 2004-2015, hemicraniectomy rates have seen substantial increases in all age, sex, and race groups. The increasing rates of hemicraniectomies among those over age 60 suggest that there has been at least partial acceptance of DESTINY 2 study results.


2018 ◽  
Vol 52 (2) ◽  
pp. 404-429 ◽  
Author(s):  
Melissa Guzman Garcia

This article advances the concept of spiritual citizenship to examine how some religiously active migrants employ religion to see themselves as, and to try to become, less deportable. Drawing from ethnographic observations and interviews with Central American and Mexican immigrants in the United States, I find that undocumented migrants use religion to redefine their own sense of self and to position themselves as spiritual citizens of “good moral character.” This research examines how the priorities of religious organizations can operate in relation to and through a neoliberal context. While religion supports migrants as they endure criminalization, my discussion of spiritual citizenship shows how the benefits of religious participation can also depend on migrants’ willingness to become deserving neoliberal citizens.


2003 ◽  
Vol 21 (3) ◽  
pp. 621-622 ◽  
Author(s):  
Bruce Kercher

Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.


1937 ◽  
Vol 6 (3) ◽  
pp. 260-273
Author(s):  
William Warren Sweet

Professional Schools in the United States, whether of medicine, law, engineering, or theology, are of relatively recent orgin. It is a matter of interest that the ministry was the first profession in America for which a technical and standardized training was provided. While the first law school in America was founded in the same year as the oldest theological seminary (1784), the courses were loosely organized and there was no definitely prescribed amount of work required of graduation and no academic requirement for the practice of law. In all the institutions where there were law departments or law schools, even as late as the middle of the last century, the law students were considered as distinctly inferior to the regular college students.


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