Faculty Bibliography
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Presenting theories about why humankind, despite its efforts for peace, is in a perpetual state of conflict, the members of the Stanford Center on Conflict and Negotiation consider the obstacles to and processes for harmonious communication.
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Ronald J. Gilson & Robert H. Mnookin, Foreword: Business Lawyers and Value Creation for Clients, 74 Or. L. Rev. 1 (1995) (Symposium on Business Lawyering and Value Creation for Clients).
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In family life, schools, law, the business world and domestic and international affairs, it is all too common for disputes to fester unresolved even when the parties are committed to a negotiated settlement. In this book, members and associates of the Stanford Center on Conflict and Negotiation address the complex issues that protract disputes and turn potentially successful negotiations into conflicts that leave everyone worse off. Drawing on disciplines such as economics, cognitive psychology, statistics and game theory, the book considers the barriers to successful negotiation in such areas as civil litigation, family law, arms control, union/managerial disputes, environmental treaty-making and politics. It examines issues such as whether it pays for parties to a dispute to co-operate and how third-party negotiators can further resolutions.
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This paper uses an implicit contracting framework to understand the dynamic nature of divorce settlements and to analyze the determinants of noncompliance with child support awards. In addition to the standard economic variables that affect the noncustodial parent’s (NCP’s) ability to pay child support, our approach focuses on factors that may affect the NCP’s desire to pay, such as the ongoing relationship between the two parents and between the NCP and the children. We also examine the “state-contingent” nature of child support payments and explore the factors that lead to modifications in child support agreements. Using a longitudinal data set collected by the Stanford Child Custody Project, the empirical analysis provides documentation that compliance by noncustodial fathers can vary substantially from month to month. In addition, we find that even within a short period after divorce, a substantial minority of parents agree to make informal modifications to their divorce settlement in response to changes in economic circumstances and in custodial arrangements.
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Eleanor E. Maccoby, Christy M. Buchanan, Robert H. Mnookin & Sanford M. Dornbusch, Post-Divorce Roles of Mothers and Fathers in the Lives of Their Children, 7 J. Fam. Psychol. 24 (1993).
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Study 1 was a 3-yr longitudinal study of 1,124 divorcing families that focused on custodial arrangements and interparental communication and conflict. Study 2 was a follow-up study of the adolescent children from the Study 1 families that focused on adolescents' relationships with resident and nonresident parents, on processes in each parental household, and on adolescents' adjustment in different custodial arrangements. Parental roles differed substantially after divorce, with mothers carrying the primary responsibility for residential care and economic support. Most fathers remained substantially involved in their children's lives over the duration of the studies. Adolescents were doing at least as well in joint physical custody as when living primarily with 1 parent. The possible costs and benefits of maintaining contact with nonresident parents are discussed.
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This article discusses four barriers to the success of negotiations: (1) strategic; (2) principle/agent; (3) cognitive; and (4) reactive devaluation. It also suggests ways in which neutral third parties might help overcome each of these barriers. The purpose of the article is to to show that the concept of barriers provides a useful and necessary interdisciplinary vantage point for exploring why negotiations sometimes fail.
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Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this landmark work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin examine the social and legal realities of how divorcing parents make arrangements for their children.
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Commentary on Robert H. Mnookin & Lewis Kornhauser, Bargaining in the Shadow of the Law: The Case of Divorce, 88 Yale L.J. 950 (1979).
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Eleanor E. Maccoby, Charlene E. Depner & Robert H. Mnookin, Custody of Children Following Divorce, in Impact of Divorce, Single Parenting, and Stepparenting on Children 91 (E. Mavis Hetherington & Josephine D. Arasteh eds., 1988).
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Robert H. Mnookin, Divorce Bargaining: The Limits on Private Ordering, 18 U. Mich. J.L. Reform 1015 (1985).
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Ronald J. Gilson & Robert H. Mnookin, Dividing the Pie: An Economic Inquiry into Law Firm Profit Sharing, 19 Stan. Law. 4 (1984).
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Papers presented at the fourth annual Conference of the International Society on Family Law; Harvard University, June 1982.
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Robert H. Mnookin, Two Puzzles, 1984 Ariz. St. L.J. 667.
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About two years ago, at the urging of child advocates, the Federal Trade Commission (FTC) spearheaded a crusade to protect children from exploitation by television advertising. The FTC staff proposed rules that would have resulted in a ban of most children’s television advertising. The FTC primarily premised its far-reaching rulemaking proceeding on “unfairness,” a standard with few legal precedents, rather than on “deception,” a well-established standard with more confining limits. Like a true believer, Michael Pertschuk, the chairman of the Commission, led his followers into battle: “Setting legal theory aside, the truth is that we’ve been drawn into this issue” because of the “conviction” that “children’s advertising is inherently unfair.”
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The law of childhood is complex, but in general, children have less liberty than adults and are often held less accountable. The traditional allocation ‐ with parents having the primary power to decide ‐ is now being questioned, both from the perspective of child liberators and from the perspective of child savers. Using examples relating to a) custody disputes; b) when, if ever, life sustaining treatment for severely handicapped newborns should be discontinued; c) medical experimentation on children; and d) the institutionalization of disturbed or handicapped children, this article suggests that in many critical areas what is best for an individual child or for children in general is usually indeterminate or speculative, and is not demonstrable by scientific proof, but instead is fundamentally a matter of values. This article points out three ways psychologists can help move policy debates concerning children's rights. First, systematic research in psychology. Second, clinical psychologists can educate and train adults to communicate more effectively with children. And third, psychology should protect itself from being abused by policy makers, lawyers, or judges who in the guise of asking for “expert advice”; often ask for simple minded and clear cut answers to questions substantially beyond existing scientific or clinical knowledge.
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Robert H. Mnookin, Children's Rights: Legal and Ethical Dilemmas, 41 The Pharos 2 (1978).
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Part 1 of this article describes and analyzes American child custody law and the underlying judicial standards used to resolve custody disputes; part 2 discusses the basic indeterminancy of present legal standards; and part 3 explores the possibility of developing less discretionary legal standards for the judicial functions of child protection and private dispute settlement.
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Under existing law, judges have wide discretionary authority to remove "neglected" children from their natural parents and place them in state-controlled foster care. The children are for the most part from poor families. The author describes the process by which the state can coercively remove children from their parents, and he analyzes the best interests of the child test, the legal standard courts usually employ to decide whether a neglected child should be removed from parental custody. He suggests that this standard requires predictions that cannot be made on a case by case basis and necessarily gives individual judges too much discretion to impose their own values in deciding what is best for a child. While critical of the procedural informality of the current juvenile court process, he believes additional procedural safeguards for children and their parents are in themselves unlikely to remedy the situation. He goes on to propose a new standard to limit removal to cases where there is an immediate and substantial danger to the child's health and where there are no reasonable means of protecting the child at home. In addition, a standard is proposed to ensure that prompt steps are taken to provide children who must be removed with a stable environment.
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