How lawyers negotiate

University of Technology, Sydney. Faculty of Law.Negotiation literature identifies three principal theories of negotiation confusingly complicated by the wide variety of names that have been applied to them. The distributive theory (also called value-claiming, competitive, adversarial and hard bargaining) regards all gains as made at the other party’s expense. The cooperative theory (also known as coordinative and soft bargaining) regards concessions as a way to capitalize on the opponent’s desire for a fair outcome. The integrative theory (also known as value-creating, problem-solving, win-win and principled negotiation) involves joint attempts to reconcile the parties’ interests so as to benefit both. Despite the vast amount of literature on negotiation theory, none of these theories is lawyer-specific. Only Williams and Schneider have (separately) undertaken empirical research in an attempt to demonstrate how lawyers negotiate, as perceived by other lawyers (peer review). Their research found that in 60% of the cases they surveyed, US lawyers perceived other US lawyers as behaving consistently with cooperative negotiation theory. These studies do not permit conclusions to be drawn as to how a different cohort, namely clients and other non-lawyers, evaluate their experiences with lawyers in negotiation because the perceptions of clients may differ from the perceptions of lawyers. This review of the literature and the demonstrated lack of relevant data confirm the important contribution that can be made to our understanding of how lawyers negotiate by collecting valid, independent, objective data to identify the role of negotiation in lawyers’ work, the experiences of clients and other non-lawyers engaged in negotiation with lawyers and their levels of satisfaction or dissatisfaction with the process and its outcomes. The original research conducted for this thesis therefore studied how those with whom and for whom lawyers negotiate evaluate lawyers in negotiation. The results indicate that clients and other non-lawyers perceive NSW lawyers’ negotiation behaviour as more consistent with the competitive theory of negotiation than with other theories. The behavioural profiles of lawyers, ascertained through MBTI and DISC analysis, were compared with those of the general population, showing that lawyers have a distinct behavioural profile which may be used to explain how their behaviour is likely to be perceived by others. In apparent contradiction of the findings of Williams and Schneider, the MBTI research revealed a competitive, task focused pattern of behaviour inconsistent with building effective working relationships. Focus groups comprising clients, staff and lawyers in management and general counsel roles were asked to identify the characteristics of lawyers in negotiation. The results were consistent with the MBTI and DISC research results and enabled ten characteristics of lawyers in negotiation to be identified. These focus group outcomes showed lawyers to be committed to achieving good outcomes for their clients but to be engaged in a range of behaviour which their non-lawyer constituency perceived as impeding good outcomes. A study of the training regime for student lawyers indicates that undergraduate training regimes are inadequate and do not provide law students with opportunities to develop an understanding of negotiation theory and practice and to enhance their skills. It is concluded that lawyers and clients may have different perceptions of lawyers’ negotiation behaviour; that there is no clear relationship between negotiation theory and how lawyers negotiate; and that experience of the cohort with and for whom lawyers negotiate may be more readily explained by behavioural theory than by negotiation theory

Substantial subpial cortical demyelination in progressive multiple sclerosis: have we underestimated the extent of cortical pathology?

Aim: Multiple sclerosis (MS) is an inflammatory demyelinating and neurodegenerative disease. Much of the complex symptomatology relates to pathology outside the classic white matter plaque, whereby lesions of the cortical grey matter, which are difficult to resolve by conventional clinical imaging, are in part predictive of outcome. We investigated the extent of grey matter pathology in whole coronal macrosections to reassess the contribution of cortical pathology to total demyelinating lesion area in progressive MS. Methods: Twenty-two cases of progressive MS were prepared as whole bi-hemispheric macrosections for histology, immunostaining and quantitative analysis of lesion number and relative area, leptomeningeal inflammation and microglial/macrophage activation. Results: Cortical grey matter demyelination was seen in all cases, which was more extensive than in white and deep grey matter (hippocampus, thalamus and basal ganglia) and accounted for 0.8%-60.2% of the entire measurable cortical ribbon. The pattern of cortical grey matter demyelination was predominantly subpial (mean 90.9%, range 60%-100%, of total cortical grey matter lesion area) and cases with the largest areas of subpial cortical lesions had more and larger deep grey matter lesions, greater numbers of activated microglia/macrophages, both in lesions as well as in normal cortical grey matter, together with elevated leptomeningeal inflammation and lymphoid-like structures. White matter lesion area was unchanged when compared with the progressive MS cases with little subpial cortical demyelination. Conclusion: Analysis of whole coronal macrosections reveals cortical demyelination is more extensive than reported by conventional histological methods. Cases of progressive MS with substantial subpial cortical demyelination that is independent of underlying white matter lesion area support the implications that these lesions may in-part arise through different pathogenetic mechanisms. Biomarkers and/or imaging correlates of this subpial pathology are required if we are to fully comprehend the clinical disease process

The Stepwise Reduction of Multiyear Sea Ice Area in the Arctic Ocean Since 1980

The loss of multiyear sea ice (MYI) in the Arctic Ocean is a significant change that affects all facets of the Arctic environment. Using a Lagrangian ice age product, we examine MYI loss and quantify the annual MYI area budget from 1980 to 2021 as the balance of export, melt, and replenishment. Overall, MYI area declined at 72,500 km2/yr; however, a majority of the loss occurred during two stepwise reductions that interrupt an otherwise balanced budget and resulted in the northward contraction of the MYI pack. First, in 1989, a change in atmospheric forcing led to a +56% anomaly in MYI export through Fram Strait. The second occurred from 2006 to 2008 with anomalously high melt (+25%) and export (+23%) coupled with low replenishment (−8%). In terms of trends, melt has increased since 1989, particularly in the Beaufort Sea, export has decreased since 2008 due to reduced MYI coverage north of Fram Strait, and replenishment has increased over the full time series due to a negative feedback that promotes seasonal ice survival at higher latitudes exposed by MYI loss. However, retention of older MYI has significantly declined, transitioning the MYI pack toward younger MYI that is less resilient than previously anticipated and could soon elicit another stepwise reduction. We speculate that future MYI loss will be driven by increased melt and reduced replenishment, both of which are enhanced with continued warming and will one day render the Arctic Ocean free of MYI, a change that will coincide with a seasonally ice‐free Arctic Ocean

Comparative cytogenetic analysis between Lonchorhina aurita and Trachops cirrhosus (Chiroptera, Phyllostomidae)

Phyllostomidae comprises the most diverse family of neotropical bats, its wide range of morphological features leading to uncertainty regarding phylogenetic relationships. Seeing that cytogenetics is one of the fields capable of providing support for currently adopted classifications through the use of several markers, a comparative analysis between two Phyllostomidae species was undertaken in the present study, with a view to supplying datasets for the further establishment of Phyllostomidae evolutionary relationships. Karyotypes of Lonchorhina aurita (2n = 32; FN = 60) and Trachops cirrhosus (2n = 30; FN = 56) were analyzed by G- and C-banding, silver nitrate staining (Ag-NOR) and base-specific fluorochromes. Chromosomal data obtained for both species are in agreement with those previously described, except for X chromosome morphology in T. cirrhosus, hence indicating chromosomal geographical variation in this species. A comparison of G-banding permitted the identification of homeologies in nearly all the chromosomes. Furthermore, C-banding and Ag-NOR patterns were comparable to what has already been observed in the family. In both species CMA3 /DA/DAPI staining revealed an R-banding-like pattern with CMA 3 , whereas DAPI showed uniform staining in all the chromosomes. Fluorochrome staining patterns for pericentromeric constitutive heterochromatin (CH) regions, as well as for nucleolar organizing regions (NORs), indicated heterogeneity regarding these sequences among Phyllostomidae species

Effects of ecstasy/polydrug use on memory for associative information

Rationale Associative learning underpins behaviours that are fundamental to the everyday functioning of the individual. Evidence pointing to learning deficits in recreational drug users merits further examination. Objectives A word pair learning task was administered to examine associative learning processes in ecstasy/polydrug users. Methods After assignment to either single or divided attention conditions, 44 ecstasy/polydrug users and 48 non-users were presented with 80 word pairs at encoding. Following this, four types of stimuli were presented at the recognition phase: the words as originally paired (old pairs), previously presented words in different pairings (conjunction pairs), old words paired with new words, and pairs of new words (not presented previously). The task was to identify which of the stimuli were intact old pairs. Results Ecstasy/ploydrug users produced significantly more false-positive responses overall compared to non-users. Increased long-term frequency of ecstasy use was positively associated with the propensity to produce false-positive responses. It was also associated with a more liberal signal detection theory decision criterion value. Measures of long term and recent cannabis use were also associated with these same word pair learning outcome measures. Conjunction word pairs, irrespective of drug use, generated the highest level of false-positive responses and significantly more false-positive responses were made in the divided attention condition compared to the single attention condition. Conclusions Overall, the results suggest that long-term ecstasy exposure may induce a deficit in associative learning and this may be in part a consequence of users adopting a more liberal decision criterion value

Strong Ultraviolet Pulse From a Newborn Type Ia Supernova

Type Ia supernovae are destructive explosions of carbon oxygen white dwarfs. Although they are used empirically to measure cosmological distances, the nature of their progenitors remains mysterious, One of the leading progenitor models, called the single degenerate channel, hypothesizes that a white dwarf accretes matter from a companion star and the resulting increase in its central pressure and temperature ignites thermonuclear explosion. Here we report observations of strong but declining ultraviolet emission from a Type Ia supernova within four days of its explosion. This emission is consistent with theoretical expectations of collision between material ejected by the supernova and a companion star, and therefore provides evidence that some Type Ia supernovae arise from the single degenerate channel.Comment: Accepted for publication on the 21 May 2015 issue of Natur

‘Dead people don’t claim’: A psychopolitical autopsy of UK austerity suicides

One of the symptoms of post financial crisis austerity in the UK has been an increase in the numbers of suicides, especially by people who have experienced welfare reform. This article develops and utilises an analytic framework of psychopolitical autopsy to explore media coverage of ‘austerity suicide’ and to take seriously the psychic life of austerity (internalisation, shame, anxiety), embedding it in a context of social dis-ease. Drawing on three distinct yet interrelated areas of literature (the politics of affect and psychosocial dynamics of welfare, post and anti-colonial psychopolitics, and critical suicidology), the article aims to better understand how austerity ‘kills’. Key findings include understanding austerity suicides as embedded within an affective economy of the anxiety caused by punitive welfare retrenchment, the stigmatisation of being a recipient of benefits, and the internalisation of market logic that assigns value through ‘productivity’ and conceptualises welfare entitlement as economic ‘burden’. The significance of this approach lies in its ability to widen analytic framing of suicide from an individual and psychocentric focus, to illuminate culpability of government reforms while still retaining the complexity of suicide, and thus to provide relevant policy insights about welfare reform

Light echoes reveal an unexpectedly cool Eta Carinae during its 19th-century Great Eruption

Eta Carinae (Eta Car) is one of the most massive binary stars in the Milky Way. It became the second-brightest star in the sky during its mid-19th century "Great Eruption," but then faded from view (with only naked-eye estimates of brightness). Its eruption is unique among known astronomical transients in that it exceeded the Eddington luminosity limit for 10 years. Because it is only 2.3 kpc away, spatially resolved studies of the nebula have constrained the ejected mass and velocity, indicating that in its 19th century eruption, Eta Car ejected more than 10 M_solar in an event that had 10% of the energy of a typical core-collapse supernova without destroying the star. Here we report the discovery of light echoes of Eta Carinae which appear to be from the 1838-1858 Great Eruption. Spectra of these light echoes show only absorption lines, which are blueshifted by -210 km/s, in good agreement with predicted expansion speeds. The light-echo spectra correlate best with those of G2-G5 supergiant spectra, which have effective temperatures of ~5000 K. In contrast to the class of extragalactic outbursts assumed to be analogs of Eta Car's Great Eruption, the effective temperature of its outburst is significantly cooler than allowed by standard opaque wind models. This indicates that other physical mechanisms like an energetic blast wave may have triggered and influenced the eruption.Comment: Accepted for publication by Nature; 4 pages, 4 figures, SI: 6 pages, 3 figures, 5 table

Observational and Physical Classification of Supernovae

This chapter describes the current classification scheme of supernovae (SNe). This scheme has evolved over many decades and now includes numerous SN Types and sub-types. Many of these are universally recognized, while there are controversies regarding the definitions, membership and even the names of some sub-classes; we will try to review here the commonly-used nomenclature, noting the main variants when possible. SN Types are defined according to observational properties; mostly visible-light spectra near maximum light, as well as according to their photometric properties. However, a long-term goal of SN classification is to associate observationally-defined classes with specific physical explosive phenomena. We show here that this aspiration is now finally coming to fruition, and we establish the SN classification scheme upon direct observational evidence connecting SN groups with specific progenitor stars. Observationally, the broad class of Type II SNe contains objects showing strong spectroscopic signatures of hydrogen, while objects lacking such signatures are of Type I, which is further divided to numerous subclasses. Recently a class of super-luminous SNe (SLSNe, typically 10 times more luminous than standard events) has been identified, and it is discussed. We end this chapter by briefly describing a proposed alternative classification scheme that is inspired by the stellar classification system. This system presents our emerging physical understanding of SN explosions, while clearly separating robust observational properties from physical inferences that can be debated. This new system is quantitative, and naturally deals with events distributed along a continuum, rather than being strictly divided into discrete classes. Thus, it may be more suitable to the coming era where SN numbers will quickly expand from a few thousands to millions of events.Comment: Extended final draft of a chapter in the "SN Handbook". Comments most welcom