Phyllis Schlafly on the VP Debate

(Free Republic) Conservative icon Phyllis Schlafly believes GOP vice-presidential nominee Sarah Palin has brought the most energy and enthusiasm to the Republican Party since Ronald Reagan. And polls among white women are indicating the Alaska governor has revitalized the GOP campaign among that demographic.

Eagle Forum founder Phyllis Schlafly says she personally knows delegates who went to the Republican National Convention (RNC) last week not planning to vote for John McCain -- but after hearing Sarah Palin's speech, were "standing up on chairs cheering for the McCain-Palin ticket."

"I think it is energy and excitement that we haven't had in years. It's funny; Sarah Palin's appeal is across the board. It's young, old, men, women. She's just authentic, she's for real, and she's just a total package," Schlafly contends. "[Palin] comes from a state that is, all of a sudden, very important to us. I think energy independence is the number-one issue of this campaign, and she's well aware that we are very eager to get all that goody American oil up there in Alaska."

Scott Drake talks with Phyllis Schlafly on the Palin/Biden debate

$28M settlement reached in Big Dig death lawsuit

BOSTON (AP) — The family of a woman killed when a Big Dig tunnel ceiling collapsed has settled a wrongful death lawsuit for more than $28 million, attorneys told The Associated Press.

The settlement was announced Tuesday night by attorneys for the husband and three adult children of Milena Del Valle, who was killed in July 2006 when part of a tunnel ceiling collapsed on her car.

The main defendants in the lawsuit included companies that worked on the Big Dig — Bechtel/Parsons Brinckerhoff, Modern Continental Co., Gannett Fleming Inc._ and the Massachusetts Turnpike Authority, which had charge of the massive highway project.

Brad Henry, an attorney for Del Valle's children, said the settlement resolves claims against all 15 defendants. He said the companies do not admit to liability in the settlement. Henry said he could not provide a breakdown of how much each defendant will pay.

The overall figure includes earlier settlements by Powers Fasteners Inc. for $6 million and bolt distributor Newman Associates for $4 million.

Del Valle, 39, of Boston, was fatally crushed under 26 tons of concrete when ceiling panels collapsed and fell on the car she was riding in with her husband, Angel Del Valle.

The National Transportation Safety Board said in a 2007 report that the wrong type of epoxy was used. The report spread blame among Big Dig project manager Bechtel/Parsons Brinckerhoff, construction contractor Modern Continental, designer Gannett Fleming and Powers Fasteners, the firm that supplied the epoxy.

Gannett Fleming and BPP were criticized for failing to identify potential creep in the epoxy bolts. Modern Continental and BPP were faulted for failing to monitor the bolts after several of them began to creep out of the ceiling in 1999.

Del Valle's husband, Angel, who escaped with minor injuries, is hopeful that the investigation into the tunnel collapse and the settlement will help prevent a similar tragedy.

"Life will never be the same, but at least he can go on," said Jeffrey Denner, one of his attorneys.

Del Valle's daughter, Raquel Ibarra Mora, 25, issued a statement from Costa Rica on behalf of herself and her brothers, Caled, 23, and Jeremy Ibarra, 19, saying the settlement process allowed them to see those who were responsible for the collapse held accountable.

"Our hearts still ache for our mother, and always will, but we find peace in knowing she is with God, and that we have honored her life and her memory by seeking the truth," Mora said through her attorney.

"The tunnel collapse in 2006 was the result of a colossal failure of oversight by past administrations," the Turnpike Authority said in a statement. "Since taking control of the Big Dig last year, we have completed a detailed stem-to-stern review of the project as well created an inspection program to ensure that tragic night never happens again. We hope closure has come to the Del Valle family."

Andrew Paven, a spokesman for Bechtel/Parsons Brinckerhoff, said he had no immediate comment on the settlement. Representatives of Gannett Fleming and Modern

Continental did not respond immediately to a request for comment.

"It's very clear that there was a remarkable lack of oversight and there was some terrible engineering," Henry said. "There is plenty of blame to go around, but as the management consultant Bechtel/Parsons Brinckerhoff was in the best position to correct problems that had started with the design and continued through the construction."

The $15 billion Big Dig, the most expensive highway project in U.S. history, replaced an elevated highway in the heart of Boston with a series of tunnels, ramps and bridges. The project has been plagued by cost overruns, leaks, falling debris, and other problems linked to faulty construction. Del Valle's death prompted tunnel and road closures and sparked a public furor.

In January, Bechtel/Parsons Brinckerhoff and several smaller companies reached a $458 settlement with the state to avoid criminal charges. Powers Fasteners, which said it could not afford to make a similar settlement with the state, has pleaded not guilty to manslaughter.

Scott Drake talks with the children's attorney,  Bradley Henry from Meehan, Boyle, Black and Bogdanow in Boston

AIG...is the Crisis Over?

In this special update on Speaking of Settlements, Mark Wahlstrom provides a timely update on the AIG buy out and financial crisis. It may seem like over kill to be discussing AIG to such a degree, but word is filtering out that unscrupulous factoring firms, financial ad visors and insurance agents are attempting to scare and intimidate people into needlessly and foolishly with drawing money from their AIG annuity and life insurance contracts. The risk to the life companies at this point is minimal, the bail out is in place and the company is on a fast track plan to sell and consolidate assets to strengthen the core of the company going forward. While AIG will likely never be the dominant force it once was in the insurance and settlement market, neither is it going to be a shell or a risk to policyholders. Listen to this special report for the truth and information on AIG.

Watch the Video Now

Update on Thursday, October 2, 2008 at 07:36AM by The LBN Team

Free AIG?

Today's Wall Street Journal has an editorial discussing the AIG deal in retrospect and it's impact on shareholders and taxpayers. You might want to look this over in light of the bail out vote. 

Free AIG, is this really a good deal for anybody?

Stories We're Following

(Friday) 

The family of a woman killed when a Big Dig tunnel ceiling collapsed has settled a wrongful death lawsuit for more than $28 million. We'll talk with the family's attorney...Bradley Henry...Meehan, Boyle, Black and Bogdanow in Boston.

and...

(Portfolio.com) The amount the U.S. owes is so large, they can't fit the number on the National Debt Clock.

The current debt stands at nearly $9.8 trillion, and the clock isn't equipped to go to ten. (Who owns the debt? Go here for an interactive.) The national debt (how much we owe) raises as the national deficit (how much more we spend than what we bring in) increases.

Bush Approves $25 Billion Loan Package for Auto Makers

The bill sets aside $7.5 billion in taxpayer funds needed to guarantee $25 billion in low-interest loans to help GM, Ford and Chrysler produce more fuel-efficient cars and trucks.

McCain and Obama Rethink Drug Importation

(Reuters) U.S. presidential candidates Barack Obama and John McCain are reviewing their support for allowing individuals to import cheaper prescription drugs in light of tainted medicines and other goods made in other countries.

Reimportation, as the practice is known, has been controversial for years, even as some supporters have arranged trips to Canada and Mexico for patients to stock up on cheaper medications.

But recent scares involving chemical-laced batches of baby formula and the blood thinner heparin -- both made in China -- have raised new concerns that safely bringing in additional medical products from overseas could be tougher than expected.

"Both candidates were in favor of reimportation and sort of subsequent to the heparin incident (there's) a lot less enthusiasm," said Dora Hughes, a health policy adviser to Democratic candidate Obama.

"We have a better understanding of the challenges that go along to support the importation," she said, speaking before the Generic Pharmaceutical Association's (GPhA) annual conference in Washington.

Neither adviser said their candidate had abandoned reimportation, but had realized it would be more difficult.

"We now realize the challenges for doing that are greater than before," Douglas Holtz-Eakin, a senior policy adviser to Republican candidate McCain, told reporters at the conference.

Groups representing brand-name and generic drugmakers, including GPhA, oppose reimportation, saying it could allow more unsafe products into the country. 

Canada and some other countries have lower prices for many prescription drug because of government price controls. Several U.S. bills have proposed allowing some importation for personal use but have never become law.

Since then, problems with numerous foreign products have raised new questions about how to import medications safely.

Most recently, more than 6,000 infants in China have fallen ill and at least three have died so far from milk powder contaminated with the chemical melamine, in a widening scandal that erupted earlier this month.

Sales of Chinese-made formula are banned in the United States, but U.S. officials have said some formula may have slipped into the country.

In February, the U.S. Food and Drug Administration reported the first deaths in U.S. patients given heparin made by Baxter International Inc. The agency later acknowledged it had failed to inspect the Chinese facility where the drug's raw ingredient was made.

Pet food, toothpaste and other Chinese-made products have also drawn U.S. warnings. Critics have chided the FDA for its inability to properly inspect overseas manufacturers.

FDA officials have said they lack enough staff and money to regularly inspect such facilities.

Scott Drake talks with Bob Goldberg president of the Center for Medicine in the Public Interest

House Kills Financial Bailout Bill, Global Markets Tailspin

(Us News and World Report) Media reports are describing yesterday's 228-205 House vote against the financial bailout plan as a stunning surprise that adds to the uncertainty and sense of gloom surrounding the world's economy. On ABC World News, George Stephanopoulos mused last night, "You had this economic crisis, the market's bearing down, you had the President of the United States, the Speaker of the House from another party, united Congressional leadership across the board, and both presidential candidates giving cover, and the bill still went down. We have never seen anything like this." Moreover, NBC Nightly News reported, "Congress has left town for the Jewish holiday. There is no plan."

A number of media analyses are attempting to determine what will be the next step as President Bush and Hill leaders try to move the debate forward. The Financial Times says "the best hope for supporters of the bail-out on Capitol Hill and the Bush administration for the time being appeared to be that rank-and-file House Republicans," but "if House Republicans still cannot be brought on board, the administration may have to turn to the Democrats, offering concessions to make up for pressing ahead with the legislation unilaterally. These concessions could start with dropping the White House veto threat on a second economic stimulus bill, and reinserting provisions such as bankruptcy reform and directing 20 per cent of bail-out profits to an affordable housing fund which were stripped out on Saturday night." The Wall Street Journal reports that "for now," Speaker Pelosi "is committed to a 'bipartisan bill,' a Democratic leadership aide said."

On NBC Nightly News, CNBC's Steve Liesman said, "Just so you know, I spoke with the White House this evening. They were meeting with House and Senate leaders again looking for that unknown way forward here," and one "idea is maybe the Democrats do something on their own with all the stuff they wanted." Newt Gingrich, appearing on Fox News' On The Record last night, also predicted that Pelosi is likely to introduce another version of the bill later this week that will garner more Democratic support by stripping elements added by Republicans and adding others that will appeal to liberals. In an editorial, the Wall Street Journal also cautions Republicans about that possibility.

House Leaders Also Ponder "Senate Option." The Politico, meanwhile, says "congressional leaders" are also considering other "ways to recover -- possibly by starting anew in the safer Senate." Rep. Rahm Emanuel, chairman of the House Democratic Caucus, told The Politico, "The Senate should go first: Act on this bill, attach it to another and send it back to the House." The Politico adds "the Senate option is one that House Financial Services Committee Chairman Barney Frank (D-Mass.) had considered even before Monday's defeat. And while making no commitment, Senate Minority Leader Mitch McConnell (R-Ky.) did not rule out working with Democrats to facilitate quick consideration."

Mark Wahlstrom..."Where is Your Money Safe Now"?

Design Patent Infringement Ruling

(Legal Times) 

The U.S. Court of Appeals for the Federal Circuit, sitting en banc, ruled unanimously Monday that design patent infringement analysis must be rooted in the long-established "ordinary observer" test (pdf) -- essentially whether the accused design "embodies" the appearance of the patented design. There has been confusion over whether the point of novelty test was a separate and distinct test for design patent infringement.

The appellate court ruling in Egyptian Goddess v. Swisa was immediately heralded by lawyers in the intellectual property bar as a strengthening of design patents. "The decision today creates a better framework for analysis of design patent rights. For many designs, especially the more aesthetically pioneering designs, it substantially strengthens those design patents," says Banner & Witcoff partner Robert Katz, whose firm represented Nike, among others, in amicus briefs in the Federal Circuit.

The ordinary observer test holds that two designs cannot be so alike that the consumer is deceived --purchasing one product thinking that it is the other. But in a series of later cases, the Federal Circuit ruled that proof of similarity is insufficient to establish design patent infringement. To prove infringement, the court said, the accused design must also incorporate the novelty of the claimed design. But until now it has remained unclear whether the point of novelty test has been a separate test.

The point of novelty test generated confusion and was particularly difficult to apply in cases where the claimed design had numerous features that can be consideredpoints of novelty or where the claimed design includes features found in one or more earlier designs, the Federal Circuit said in its 31-page opinion. Point of novelty analysis eroded design patents, making them less valuable, says Tracy-Gene Durkin, a partner at Sterne, Kessler, Goldstein & Fox, which represented the Intellectual Property Owners Association in an amicus briefs in the litigation. 

The case's facts involved nail buffers. Egyptian Goddess makes a beauty-supply product that has raised, abrasive padding on three sides. The accused design, made by Swisa, has padding on all four sides.

 Scott Drake talks with Tracy Durkin

Wyeth v. Levine and Preemption

For drugs and biologics, the key test of preemption, Wyeth v. Levine, goes before the court in November. The case, in which Wyeth is challenging a Vermont ruling which awarded $6.8 million in damages to a woman injured by Wyeth anti-nausea drug Phenargan, could determine the viability of “failure to warn” claims, which constitute the bulk of tort suits against drug manufacturers.

The FDA has asserted that its decisions trump those of state courts, because companies cannot add warnings to labeling beyond those approved by the agency to guard against “overwarning” that might scare patients away from needed medications. “The plaintiff's lawyers' theory that FDA warnings are only a floor, not a ceiling, is blown out of the water if FDA says manufacturers are not permitted to put additional warnings in the label,” said. Richard Samp, chief counsel for the Washington Legal Foundation. Samp said the court has typically shown deference to federal agencies in similar cases, and that the Michigan and Medtronic cases offer little insight into how the court will handle Wyeth v. Levine.

If the court does uphold pre-emption, rendering “failure to warn” arguments moot, plaintiff's lawyers will still have two avenues for product liability suits: defective design claims, asserting that the risk/benefit profile of a product was so lousy it should have never been manufactured, and negligent manufacture of a product of sound design.

Scott Drake and Jan Schlichtmann discuss the implications in this video

Andrew Bacevich "The Limits of Power"

(Barnes and Noble)The Limits of Power identifies a profound triple crisis facing America: the economy, in remarkable  disarray, can no longer be fixed by relying on expansion abroad; the government, transformed by an imperial presidency, is a democracy in form only; U.S. involvement in endless wars, driven by a deep infatuation with military power, has been a catastrophe for the body politic. These pressing problems threaten all of us, Republicans and Democrats. If the nation is to solve its predicament, it will need the revival of a distinctly American approach: the neglected tradition of realism.

Andrew J. Bacevich, uniquely respected across the political spectrum, offers a historical perspective on the illusions that have governed American policy since 1945. The realism he proposes includes respect for power and its limits; sensitivity to unintended consequences; aversion to claims of exceptionalism; skepticism of easy solutions, especially those involving force; and a conviction that the books will have to balance. Only a return to such principles, Bacevich argues, can provide common ground for fixing America’s urgent problems before the damage becomes irreparable.

(Washington Post) This compact, meaty volume ought to be on the reading list of every candidate for national office—House, Senate or the White House—in November's elections. In an age of cant and baloney, Andrew Bacevich offers a bracing slap of reality…Bacevich is not running for office, so he is willing to speak bluntly to his countrymen about their selfishness, their hubris, their sanctimony and the grave problems they now face…The Limits of Power is a dense book but gracefully written and easy to read. It is chockablock with provocative ideas and stern judgments. Bacevich's brand of intellectual assuredness is rare in today's public debates. Many of our talking heads and commentators are cocksure, of course, but few combine confidence with knowledge and deep thought the way Bacevich does here.

Andrew J. Bacevich, a professor of history and international relations at Boston University, retired from the U.S. Army with the rank of colonel. He is the author of The New American Militarism, among other books. His writing has appeared in Foreign Affairs, The Atlantic Monthly, The Nation, The New York Times, The Washington Post, and The Wall Street Journal. He is the recipient of a Lannan award and a member of the Council on Foreign Relations.

Scott Drake's Interview with Andrew Bacevich

Independent Contractor vs. Employee Controversies Looming

With the current economic malaise, more than a few companies are considering the significant savings that hiring independent contractors rather than employees can bring. But can it bring savings? Senator Obama, in introducing legislation on this topic, estimated the savings at a whopping 30%. But are these really savings, or is it wishful thinking, that ultimately poses a trap? Springing it can bring tax and legal consequences of staggering impact.

In this Tax Law Channel  podcast, Scott Drake interviews Rob Wood (author of Legal Guide to Independent Status (4^th Edition 2007) over the differing legal standards at play in this increasingly important morass. Considering the seemingly small ways a worker status issue can arise, and the interrelationship of these rules, it can be like dominoes waiting to fall.

Listen Now

AIG Bailout, what should lawyers do now?

In this wrap up of one of the most dramatic weeks in the history of the United States financial system, Mark Wahlstrom and Jan Schlichtmann discuss whats next for AIG.

The big questions for lawyers are, will AIG property casualty claims still be paid, should we fear not being able to settle claims, are the life company annuity contracts safe and what should the average consumer do.

While it is still a scary time, Mark is preaching calm regarding the safety and solvency of the AIG life insurance and property casualty companies, but caution for lawyers and settlement professionals about opening up new cases and settlement files.

Listen in to one of the best industry insider voices about how to handle your AIG claim, structured settlement or litigation.

Virginia Supreme Court Overturns Antispam Law

The Virginia Supreme Court has overturned a state antispam law and the 2004 conviction of a longtime spammer Jeremy Jaynes saying the law is an overly broad prohibition on anonymous free speech. Scott Drake talks with internet expert John Levine from the Coalition Against Unsolicited Commercial Email.

It's worth noting that Levine wrote the guide..."The Internet for Dummies"

Listen Now

Innovative techniques pioneered by the Civil Action lawyer

In this edition of Speaking of Justice, host Scott Drake talks with noted environmental attorney Jan Schlichtmann about his

recent work in the Danversport, MA explosion settlement. This was another example of the innovative techniques pioneered by the Civil Action lawyer in how to handle complex mass torts and environmental cases with out resorting to protracted litigation.

Listen Now

Seniors Filing Bankruptcy Soaring

A new study commissioned by the AARP shows that between 1991 and 2007, the rate of bankruptcy filings more than doubled among Americans age 65 and older. The

filing rate for people between 55 and 64 was up 40 percent. Among those 65 to 74, it jumped 125 percent. Harvard Law professor Elizabeth Warren, who co-authored the study says many seniors are approaching retirement age saddled with debt. "Instead of a nest egg, they have an anchor" she says.

Many who file express a sense of relief. However, filing when you’re  40 is very different than when you’re 65,  Warren said. When you are younger, you still have many earning years left to rebuild. At age 65 most have much less earning potential even if they want to work.  Social Security can’t keep up with the rising costs of medical care and consumer goods. This makes seniors very vulnerable.

Scott Drake talks with Elizabeth Warren

Wall Street Braces For More

(LA Times) With Wall Street already reeling from the demise of one storied investment firm and the rushed takeover of another, investors are bracing for more turbulence as the housing crisis continues to hammer the nation's financial system.

The Dow Jones industrial average plummeted 504 points Monday -- the most since the aftermath of the Sept. 11, 2001, attacks -- after investment bank Lehman Bros. Holdings Inc. became the biggest company to file for bankruptcy protection and Bank of America Corp. announced it was acquiring Merrill Lynch & Co.

The market's direction today could hinge in large part on what happens with insurer American International Group Inc. -- the latest financial titan struggling to stay afloat -- and on the outcome of a Federal Reserve meeting on interest rates.

Like Lehman and Merrill, AIG has recorded large losses on mortgage-related debt. Its stock price plummeted 61% on Monday as the company scrambled to borrow as much as $75 billion to tide it over.

And, as with Lehman, investors fear that a collapse of AIG would ricochet through the financial system and prompt another wave of selling in the stock market.

Mark Wahlstrom and Jan Schlichtmann discuss the turmoil in the financial sector and their impact on the settlement and broader markets in this video...

Anheuser Busch takeover Lawsuit filed.

(AP) A lawsuit was filed Wednesday  in an effort to derail the largest brewery takeover in history.

The group claims Belgium-based InBev's $52 billion purchase of Anheuser-Busch Cos. Inc. would violate U.S. antitrust law if completed as planned in the coming months.

In today's featured segment on Speaking of Justice, Scott Drake of The Legal Broadcast Network is joined by one of the giants of the legal profession, Attorney Joseph Alioto of the Alioto Law firm in San Francisco, CA. As one of the nations premier class action attorney's, Joe Alioto has taken on some huge cases and big names, but this particular case involves what is essentially the take over of the U.S. beer market by InBev. The concern is that with the financial resources and consolidation of brewers, bottlers and distributiors under the control of the Belgium giant, that pricing and competition will suffer dramatically.

InBev feels that there is no merit to the suit, according to their press release and responses, but we invite our listeners, who are interested in what the take over of an American corporate and cultural institution like Anheuser Busch could mean to the average beer drinker, to weigh in with their opinions.

Scott Drake speaks with renowned antitrust lawyer and lead attorney in the case Joseph Alioto.

Does Affirmative Action Help African American Law Students?

 (LA Times) In his 19 years as a law professor at UCLA, Richard Sander has pondered a nagging question: Does affirmative action help or hinder African Americans who want to become lawyers?

Two years ago, he published research suggesting that racial preferences at law firms might be responsible for black lawyers' high rate of attrition and difficulty making partner. He hypothesized that in the interest of promoting diversity, law firms sometimes hired black lawyers who were underqualified, and that when there was a "credentials gap" between black and white lawyers at a firm, black lawyers often were less likely to advance and more likely to leave the firm.

The research stirred debate throughout the legal community, and Sander said he was surprised at the vehemence with which people attacked his motives. A former Volunteers in Service to America participant, fair-housing activist and campaigner for Chicago's first black mayor, Sander, who is white, insisted he was simply trying to examine an important question.

Now the professor has waded into another controversy. Sander says his goal this time is to examine whether law schools set up many affirmative action beneficiaries for failure by admitting them into rigorous academic environments in which they are ill-prepared to compete. He proposes to study almost 30 years of data on State Bar of California exam-takers. In the end, he hopes to explain why, as reported in a Law School Admissions Council study in the 1990s, blacks are four times as likely as whites to fail the bar exam on the first try.

The state bar has refused to facilitate his probe. Citing privacy concerns, the bar has denied him access to detailed demographic data collected from exam-takers since 1972.

Many lawyers, scholars and diversity advocates have applauded the bar's action.

Scott Drake interviews UCLA Law Scholar Richard Sander

Other news and columns on the same topic:

Clarence Thomas says the Constitution Prohibits Racial Preference

Professor Walter E. Williams writes on academic mismatch and it's impact on black students.

Law School Rankings Consider Deterring Gaming

The most widely watched ranking of U.S. law schools may move to stop an increasingly popular practice: schools gaming the system by channeling lower-scoring applicants into part-time programs that don't count in the rankings. U.S. News & World Report is "seriously" considering reworking its ranking system to crack down on the practice, says Robert Morse, director of data research at the magazine, who is in charge of its influential list. Some argue that including part-time students in ranking criteria could actually hurt part-time programs. It appears that the magazine is going through a testing period through the end of this year. You'll here how some school's rankings could drop drastically
if the new methodology is implemented.



Scott Drake talks with WSJ staff reporter Amir Efrati about his article on law school rankings.

Stories We're Following

It appears Ann and Nancy Wilson of the group "Heart" have sent a cease-and-desist letter to the McCain campaign for violating their intellectual property rights.  Soon after the presidential nominee finished his acceptance speech late Thursday and running-mate  Sarah Palin joined him on the Republican National Convention stage in St. Paul, the song "Barracuda" began to play.  EW.com received this statement from the Wilson sisters...

"Sarah Palin's views and values in NO WAY represent us as American women. We ask that our song 'Barracuda' no longer be used to promote her image. The song 'Barracuda' was written in the late 70s as a scathing rant against the soulless, corporate nature of the music business, particularly for women. (The 'barracuda' represented the business.) While Heart did not and would not authorize the use of their song at the RNC, there's irony in Republican strategists' choice to make use of it there."

WSJ says they heard from the McCain campaign which issued this statement: “The McCain campaign respects intellectual property rights. Accordingly, prior to using ‘Barracuda’ at any events, we paid for and obtained all necessary licenses.”

Jackson Browne, Bruce Springsteen and other artists have had similar problems in the past.

Let's Not Make a Deal

Recently Scott Drake talked with Randall Kiser from Decisionset, a litigation consulting firm. He co-authored a  study that found when plaintiffs pass up settlement and go to trial they usually get less money. The study is published in the Journal of Empirical Legal Studies..."Let's Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations' (p 551-591)Randall L. Kiser, Martin A. Asher, Blakeley B. McShane.

Due to the broad interest in the article, the publisher is temporarily authorizing free downloads of the entire 41-page article.

The Free Article

The Interview