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Think before you speak : the complete guide to strategic negotiation
出版 1996书本目录: “...Understanding and Dealing with Traps and Biases in Negotiation 10. Conflict Reduction: From Opponent to Collaborator 11. ...”
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An Introduction to social psychology : global perspectives /
出版 2014书本目录: “...Social perception and cognition Forming impressions of people Attributions of causality Attribution theories Attributional biases An evaluation of attribution theories Social cognition Categorical thinking: The schema Processing social information Note continued: Construal-level theory and counterfactual thinking Rapid reasoning Integrative complexity in thinking A final note Summary Further reading Weblinks 3. ...”
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Principles of alternative dispute resolution /
出版 2007书本目录: “...Preface Note to teachers Acknowledgments Chapter 1: Introduction 1-1: Overview 1-2: Disputes 1-3: Resolution of disputes 1-4: Processes of dispute resolution 1-5: Definitions of litigation and ADR a: ADR as alternatives to litigation b: Litigation as the default process 1-6: Introductions to major ADR processes a: Negotiation b: Mediation and other processes in aid of negotiation c: Arbitration 1-7: Basic division within ADR: arbitration vs everything else a: All ADR processes can produce binding results 1: Negotiation 2: Mediation and other processes in aid of negotiation 3: Arbitration b: Arbitration is the only ADR process that can produce binding results without a post-dispute contract c: Arbitration or litigation casts the shadow in which negotiation and processes in aid of it occur d: Implications for categorizing and comparing processes 1-8: Broader perspectives on ADR a: ADR diversity b: Cool and warm themes; the cost and quality of dispute resolution c: Lawyers and ADR Chapter 2: Arbitration And Similar Processes A: Overview 2-1: Arbitration defined 2-2: Contractual arbitration and non-contractual arbitration; constitutional right to jury trial 2-3: Arbitration law summarized a: Post-dispute and pre-dispute agreements to arbitrate b: Enforcement of arbitration agreements c: Arbitration process d: Enforcement of arbitrator's decision or "award" B: Sources of contemporary American arbitration law 2-4: Federal law a: Pro-contract b: Court orders to arbitrate; specific performance of arbitration agreements c: Broad applicability 2-5: State law a: Arbitration law b: Non-arbitration law C: FAA preemption of state law 1: Evolution of case law on FAA preemption 2-6: Federal arbitration law as (non-preemptive) procedural law 2-7: Federal arbitration law as (preemptive) substantive law 2-8: FAA creates no federal jurisdiction 2: Preemption of state law impeding contract enforcement 2-9: Generally 2-10: State law prohibiting courts from enforcing arbitration agreements 2-11: State law prohibiting courts from enforcing arbitration agreements with the remedy of specific performance 2-12: State law making arbitration agreements unenforceable with respect to certain claims 2-13: State law making arbitration agreements in certain types of transactions unenforceable 2-14: State law raising the standard of assent for contract formation 3: Choice-of-law clauses 2-15: Introduction 2-16: Volt case 2-17: Mastrobuono case 4: Insurance arbitration 2-18: McCarran-Ferguson and the FAA D: Formation of enforceable arbitration agreements 1: Separability 2-19: Prima paint case 2-20: Buckeye case 2-21: Applications of separability 2: Formation 2-22: Mutual manifestations of assent a: Contract law's objective approach b: Recurring fact patterns 2-23: Consideration 3: Contract law defenses to enforcement 2-24: Defenses subject to separability doctrine 2-25: Unconscionability a: Generally b: FAA's constraint on the scope of the unconscionability doctrine c: Arbitration organizations' policing against unconscionability d: Public policy and child custody 2-26: Waiver of the right to arbitrate 4: Non-contract law defenses to enforcement: federal statutory claims and public policy 2-27: Toward universal arbitrability 2-28: Current in arbitrability a: Simple in arbitrability 1: Labor arbitration 2: Automobile dealers and military personnel b: Arbitrability with strings attached: the effectively vindicate doctrine E: Interpretation of arbitration agreements 1: Contractual arbitrability 2-29: Introduction 2-30: Generally decided by courts 2-31: Contractual and non-contractual approaches 2: Multi-party disputes 2-32: Claims by or against those not party to the arbitration agreement a: Party plaintiff vs non-party defendant b: Non-party plaintiff vs party defendant 2-33: Consolidation of, and stays pending, related proceedings 2-34: Class actions 3: Arbitration procedure 2-35: Overview 2-36: Pre-hearing a: Selection of arbitrator(s) 1: Methods of selection 2: Arbitrator fees 3: Judicial and regulatory constraints on party selection of arbitrator(s) b: Pleadings c: Filing fees (and un-administered arbitration) d: Discovery 2-37: Hearing a: General comparison with trial b: Role of lawyers c: Rules of evidence d: No hearing; dispositive motions e: Written awards; reasoned opinions 2-38: Remedies a: Determined by contract, within limitations 1: Generally determined by contract; the Mastrobuono case 2: Limitations on contract; the book case b: Typical contract terms c: Consequences of limiting remedies in arbitration 4: Governing substantive law, if any 2-39: Substantive law applied in arbitration F: Effect of arbitration award 1: Enforcement of arbitration award 2-40: Confirmation 2-41: Claim preclusion (res judicata) a: Generally applicable b: Labor exception 2-42: Issue preclusion (collateral estoppel) 2: Vacatur of arbitration award 2-43: Introduction a: Vacatur is rare b: Statutory and non-statutory grounds 2-44: Statutory grounds a: Corruption, fraud or undue means b: Evident partiality or corruption c: Fundamentally fair hearing d: Exceeded powers 2-45: Non-statutory grounds a: Error of law, including manifest disregard 1: Narrow ground for Vacatur 2: Recent expansion b: Public policy c: Grounds created by contract 2-46: Federal preemption of state law a: State grounds for Vacatur broader than federal b: State grounds for Vacatur narrower than federal G: International arbitration 2-47: Introduction: public law arbitration and commercial arbitration 2-48: New York convention a: Basic provisions b: Effect of United States ratification c: Significance 2-49: Practice of international commercial arbitration H: Employment arbitration and labor arbitration 2-50: Conventional distinction between "employment" and "labor" 2-51: FAA's exclusion of certain "contracts of employment" 2-52: Employment arbitration 2-53: Labor arbitration a: LMRA rather than FAA b: Practice of labor arbitration 1: Two peculiarities 2: Labor law and CBAs c: Few arbitrable claims 1: Law 2: Union, not employee, controls arbitration 3: Narrowly drafted arbitration clauses d: Interest arbitration I: Processes similar to arbitration 2-54: Private judging ("rent-a-judge") 2-55: Non-contractual, yet binding, arbitration a: Introduction b: Examples 1: Federal programs 2: Government employees-federal 3: Government employees-state and local 4: Railway Labor Act 5: State "lemon" laws 6: State auto insurance laws 7: Attorney fee disputes. 3: Negotiation A: Negotiation contexts 3-1: Dispute negotiation and transactional negotiation 3-2: Dispute negotiation and lawyers; settlement negotiation defined 3-3: Settlement negotiation and the shadow of the law 3-4: Bilateral monopoly of settlement negotiation B: Settlement/litigation choice 3-5: Valuing a case a: Introduction to case valuation b: Factors lawyers and clients should consider in valuing a case c: Timing of the settlement/litigation choice d: Risk aversion and diversification 1: Risk aversion 2: Diversification e: Expected value, BATNA and the bottom line f: Psychological barriers to valuing a case accurately 1: Availability bias 2: Anchoring bias 3: Egocentric biases 4: Overconfidence bias g: Valuation of criminal cases 3-6: Disagreements between lawyer and client about the settlement/litigation choice a: Generally b: Legal fees 1: Hourly billing 2: Contingency fees 3: Retainers and other fixed-fees (especially in criminal practice) 4: Legal fees paid through liability insurance c: Professional responsibility C: Negotiation theory 3-7: Zero-sum and positive-sum 3-8: Zero-sum (distributive) negotiation 3-9: Positive-sum (integrative) negotiation a: Example on the time value of money b: Importance of multiple issues 3-10: Positive-sum (integrative) negotiation is not always worthwhile, or even possible 3-11: Bottom lines and settlement zones a: Case valuations determine bottom lines which determine settlement zones b: Predictions about the results of litigation 1: Predictions that usually (but not always) result in a settlement zone 2: Predictions less likely to result in a settlement zone: cases of over-optimism c: Conclusion 3-12: Settlement zone does not ensure settlement (barriers to settlement) a: Ignorance of settlement zone's existence or boundaries b: Dividing the value created by settlement 3-13: Bottom lines and settlement zones in positive-sum (integrative) negotiation D: Approaches to negotiation 3-14: Terminology 1: Adversarial/competitive approach 3-15: Opening offers 3-16: Few and small concessions 3-17: False concessions 3-18: Concession tricks and escalation tactics 3-19: Deception and information 3-20: Misinformation about bottom lines and the strength of your case a: Generally b: Lying about one's bottom line c: Projecting confidence in one's case and lack of interest in settling d: Effect of misinformation about bottom lines 3-21: Psychological warfare a: Anger, threats, ridicule, accusation and intimidation b: Negotiate on your own turf c: Outnumber your counterparts d: Negotiate when you have time and your counterpart does not e: Lack of authority f: Locked into position g: Feign irrationality h: Wolf in sheep's clothing 3-22: Drawbacks of the adversarial/competitive approach 2: Cooperative approach and the prisoner's dilemma 3-23: Cooperative approach 3-24: Prisoner's dilemma and the importance of reputation a: Prisoner's dilemma b: Importance of reputation and the incentive to cooperate 3-25: Tactics for a cooperative lawyer with an adversarial/competitive counterpart 3: Problem-solving approach 3-26: Overview of problem-solving a: Positive-sum b: Coinciding interests (with a tax law example) c: Logrolling multiple issues d: Tactics listed 3-27: Interests, not positions 3-28: Communicating your side's interests 3-29: Variety of solutions 3-30: Drawbacks of the problem-solving approach 4: Gender, culture, race and ethnicity 3-31: Gender 3-32: Culture, race and ethnicity E: Preparing for negotiation 3-33: Introduction 3-34: Identifying your client's interests, bottom line and specific goals 3-35: Identifying other party's interests, bottom line and specific goals 3-36: Adjusting during negotiation a: Adjusting approaches during negotiation b: Adjusting your bottom line during negotiation 3-37: Specific preparations F: Law governing settlement 3-38: Criminal and tort law; "good faith" in negotiation 3-39: Sales law a: Legal effects of releases and settlement agreements 1: Releases 2: Settlement agreements b: Grounds for non-enforcement 1: Duress and unconscionability 2: Misrepresentation and mistake 3: Requirement of a writing 4: Public policy c: Entering judgment on settlement (consent decree) d: Plea agreements 3-40: Agency law 3-41: Multiple parties: indemnity, contribution and Mary Carter agreements 3-42: Confidentiality a: Generally b: Confidentiality agreements prior to or during litigation c: Rules of evidence and discovery d: Confidentiality clauses in settlement agreements G: Settlement/litigation choice: broader perspectives 3-43: Normative views on the prevalence of settlement 3-44: Resources 3-45: Dispute resolution vs public justice. 4: Mediation And Other Processes In Aid Of Negotiation A: Overview 4-1: Mediation's popularity 4-2: Mediation defined 4-3: Dispute mediation and transactional mediation 4-4: Mandatory mediation and voluntary mediation B: Goals of dispute mediation 4-5: Generally 4-6: Settle cases 4-7: Positive-sum or problem-solving 4-8: Moral growth C: Mediation process 4-9: Goals shape process 4-10: Mediation process generally a: Participants b: Starting to mediate c: Joint sessions, private caucuses and shuttle diplomacy d: Facilitating communication 1: Direct communication 2: Indirect communication e: Settlement offers f: Agreements 4-11: Identifying settlement zones and overcoming barriers to settlement 4-12: Positive-sum a: In general b: Coinciding interests c: Logrolling multiple issues d: Trusted intermediary combining information 4-13: Evaluation by the mediator a: Appeal of evaluation b: Concerns about evaluation 1: Interests vs rights 2: Is "evaluative mediation" an oxymoron? ...”
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Microeconomics
出版 2009书本目录: “...577 (3) A Variety of Interest Rates 579 (1) Summary 580 (1) Questions for Review 580 (1) Exercises 581 (2) Part Four Information, Market Failure, and the Role of Government 583 (112) General Equilibrium and Economic Efficiency 585 (32) General Equilibrium analysis 585 (5) Two Interdependent Markets---Moving to General Equilibrium 586 (1) Reaching General Equilibrium 587 (3) Efficiency in Exchange 590 (7) The Advantages of Trade 590 (1) The Edgeworth Box Diagram 591 (1) Efficient Allocations 592 (1) The Contract Curve 593 (1) Consumer Equilibrium in a Competitive Market 594 (2) The Economic Efficiency of Competitive Markets 596 (1) Equity and Efficiency 597 (3) The Utility Possibilities Frontier 597 (2) Equity and Perfect Competition 599 (1) Efficiency in Production 600 (6) The Production Possibilities Frontier 601 (2) Output Efficiency 603 (1) Efficiency in Output Markets 604 (1) The Gains from Free Trade 605 (1) Comparative Advantage 606 (4) An Expanded Production Possibilities Frontier 607 (3) An Overview---The Efficiency of Competitive Markets 610 (2) Why Market Fail 612 (2) Market Power 612 (1) Incomplete Information 613 (1) Externalities 613 (1) Public Goods 613 (1) Summary 614 (1) Questions for Review 614 (1) Exercises 615 (2) Markets with Asymmetric Information 617 (28) Quality Uncertainty and the Market for Lemons 617 (6) The Market for Used Cars 618 (2) Implications of Asymmetric Information 620 (1) The Importance of Reputation and Standardization 621 (2) Market Signaling 623 (5) A Simple Model of Job Market Signaling 624 (3) Guarantees and Warranties 627 (1) Moral Hazard 628 (2) The Principal---Agent Problem 630 (6) The Principal---Agent Problem in Private Enterprises 631 (2) The Principal--Agent Problem in Public Enterprises 633 (2) Incentives in the Principal---Agent Framework 635 (1) Managerial Incentives in an Integrated Firm 636 (3) Asymmetric Information and Incentive Design in the Integrated Firm 637 (2) Applications 639 (1) Asymmetric Information in Labor Markets: Efficiency Wage Theory 639 (3) Summary 642 (1) Questions for Review 642 (1) Exercises 643 (2) Externalities and Public Goods 645 (50) Externalities 645 (6) Negative Externalities and Inefficiency 646 (2) Positive Externalities and Inefficiency 648 (3) Ways of Correcting Market Failure 651 (12) An Emissions Standard 652 (1) An Emissions Fee 653 (1) Standards versus Fees 654 (2) Tradeable Emissions Permits 656 (4) Recycling 660 (3) Stock Externalities 663 (6) Stock Buildup and its Impact 664 (5) Externalities and Property Rights 669 (4) Property Rights 669 (1) Bargaining and Economic Efficiency 670 (1) Costly Bargaining--The Role of Strategic Behavior 671 (1) A Legal Solution---Suing for Damages 671 (2) Common Property Resources 673 (3) Public Goods 676 (4) Efficiency and Public Goods 677 (1) Public Goods and Market Failure 678 (2) Private Preferences for Public Goods 680 (2) Summary 682 (1) Questions for Review 683 (1) Exercises 683 (4) Appendix: The Basics of Regression 687 (8) An Example 687 (1) Estimation 688 (1) Statistical Tests 689 (2) Goodness of Fit 691 (1) Economic Forecasting 691 (3) Summary 694 (1) Glossary 695 (16) Answers to Selected Exercises 711 (12) Photo Credits 723 (2) Index 725...”
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