Disputing through Agents: Cooperation and Conflict between Lawyers in Litigation

Do lawyers facilitate dispute resolution or do they instead exacerbate conflict and pose a barrier to the efficient resolution of disputes? A distinctive characteristic of our formal mechanisms of conflict resolution is that clients carry on their disputes through lawyers. Yet, at a time when the role of lawyers in dispute resolution has captured not only public but political attention, social scientists have remained largely uninterested in the influence of lawyers on the disputing process. This is not to say that academics have ignored the growth in civil litigation in the United States. Economists have developed an extensive literature that models one or another aspect of the litigation and settlement process. But the economic literature, with rare exceptions, shares a troublesome feature. Almost by convention, litigation is modeled as a two-person game between principals, thereby abstracting away the legal system's central institutional characteristic-litigation is carried out by agents

The Self-Administered Witness Interview Tool (SAW-IT): Enhancing witness recall of workplace incidents

Given the often crucial role of witness evidence in Occupational Health and Safety investigation, statements should be obtained as soon as possible after an incident using best practice methods. The present research systematically tested the efficacy of a novel Self-Administered Witness Interview Tool (SAW-IT); an adapted version of the Self-Administered Interview (SAI©) designed to elicit comprehensive information from witnesses to industrial events. The present study also examined whether completing the SAW-IT mitigated the effect of schematic processing on witness recall. Results indicate that the SAW-IT elicited significantly more correct details, as well as more precise information than a traditional incident report form. Neither the traditional report from, nor the SAW-IT mitigated against biasing effects of contextual information about a worker’s safety history, confirming that witnesses should be shielded from extraneous post-event information prior to reporting. Importantly, these results demonstrate that the SAW-IT can enhance the quality of witness reports

Telling stories about European Union Health Law: The emergence of a new field of law

The ideational narrative power of law has now solidified, and continues to solidify, ‘European Union health law’, into an entity with a distinctive legal identity. EU health law was previously seen as either non-existent, or so broad as to be meaningless, or as existing only in relations between EU law and health (the ‘and’ approach), or as consisting of a body of barely or loosely connected policy domains (the ‘patchwork’ approach). The process of bringing EU health law into being is a process of narration. The ways in which EU health law is narrated (and continues to be narrated) involve three main groups of actors: the legislature, courts and the academy

Crime reconstruction and the role of trace materials from crime scene to court

Crime reconstruction takes place in a complex ecosystem and needs to be responsive to the context of each case. For accurate, reproducible and transparent crime reconstructions to take place, a holistic approach is needed that considers the different stakeholders, different types of trace material, integral human decision‐making and interconnected nature of the forensic science process. For robust reconstruction, there needs to be a consideration of both the distinctive types of trace material that can contribute to the reconstruction, and an understanding of the interplay of human decision‐making within reconstruction approaches. In addition, it is also necessary to consider source attribution of a trace material in addition to the activities that led to the generation, identification, transfer, and persistence of the trace. This requires explicit and tacit forms of knowledge, and an incorporation of the inherent uncertainty and risk in the reconstruction approach. The communication of conclusions reached in a crime reconstruction that address what the evidence means is also an important consideration given the different requirements of intelligence and evidence. Therefore, undertaking a crime reconstruction within a holistic framework that seeks to incorporate the complexity of the forensic science ecosystem is valuable for achieving a problem solving approach that offers reproducible, transparent reconstructions with a clear articulation of risk and uncertainty that can be of value to investigators and the courts. This article is categorized under: Forensic Science in Action/Crime Scene Investigation > Crime Scene Reconstruction Forensic Science in Action/Crime Scene Investigation > From Traces to Intelligence and Evidenc

Law, Environment, and the “Nondismal” Social Sciences

Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other environmental issues. This review seeks to complement the expansion of economic reasoning and methodology within the field of environmental law and policy by identifying insights to be gleaned from various “nondismal” social sciences. In particular, three areas of inquiry are highlighted as illustrative of interdisciplinary work that might help to complement law and economics and, in some cases, compensate for it: the study of how human individuals perceive, judge, and decide; the observation and interpretation of how knowledge schemes are created, used, and regulated; and the analysis of how states and other actors coordinate through international and global regulatory regimes. The hope is to provide some examples of how environmental law and policy research can be improved by deeper and more diverse engagement with social science