This chapter reviews the life work of one of negotiation’s most famous scholars and offers a wholly new observation. Roger Fisher did not understand negotiation as primarily something that happens in the shadow of the law. Rather, based on his years thinking about international conflict,...

This essay explores two conceptions of compromise that are missing from the theory and practice of legal negotiation and related fields in alternative dispute resolution (ADR): compromise shaped by principles and compromise shaped by constraints. Compromise shaped by principles describes how...

This essay reads Carrie Menkel-Meadow’s early scholarship on negotiation and feminism together with the work of postcapitalist scholars J.K. Gibson-Graham. It illustrates how Menkel-Meadow’s work holds space for a feminist praxis of negotiation organized not around the familiar anchors of...

To enhance the welfare of smallholder farmers, development agencies increasingly promote “value chain agriculture” where farmers partner with more powerful entities such as corporations and nongovernmental organizations (NGOs) to create new sources of economic value. Via an ethnographic...

This essay critically explores the idea that techniques based on individual dispute resolution paradigms can provide a compelling vision for the resolution of larger-scale conflict. To that end, it examines the methods of dispute systems design (DSD) and some of the background social and...

In New York's new Human Trafficking Intervention Courts (HTICs), mostly female defendants are prosecuted for prostitution-related offenses and then offered social services in lieu of more traditional criminal justice sentences. These alternative problem-solving courts represent a...

In advanced industrialized economies, planners often use middle-class understandings of how consumption does and should work to justify how costs and benefits are arranged throughout a food supply chain. This Article examines the emergence of large supermarkets in the East Indian State of West...

In the fall of 2013, New York State's chief judge, Jonathan Lippman, announced a “revolutionary” statewide initiative to create and implement Human Trafficking Intervention Courts (HTICs). The initiative occurred amidst a burgeoning consensus that prostitution is human trafficking and women...

This article argues that contemporary resistance to capital concentration in food markets presents an opportunity to reconstruct legal arguments for economic self-governance — arguments that were once very familiar in American law but have since receded from view. The article combines a legal...

In the 1980s and 1990s, during the high-water mark of Washington Consensus development, rural sociologists and geographers critical of contract farming described contract as a legal fiction—one that imagines formally equal and voluntary relations between large firms and small farmers and hence...