This page contains a bibliography with important works in the fields connected with the project. Titles will be added throughout the lifetime of the project. If you know a title that you think we should include, please contact us and let us know.
Empirical and theoretical studies of arbitration
“In recent years, international business disputes have increasingly been resolved through private arbitration. The first book of its kind, Dealing in Virtue details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.
Building on Pierre Bourdieu’s structural approach, the authors show how an informal, settlement-oriented system became formalized and litigious. Integral to this new legal field is the intense personal competition among arbitrators to gain a reputation for virtue, hoping to be selected for arbitration panels. Since arbitration fees have skyrocketed, this is a high-stakes game.
Using multiple examples, Dezalay and Garth explore how international developments can transform domestic methods for handling disputes and analyze the changing prospects for international business dispute resolution given the growing presence of such international market and regulatory institutions as the EEC, the WTO, and NAFTA.The University of Chicago Books Website
“What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It explores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life.
Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitration can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes?
This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.”Oxford University Press Website
“This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparative analysis of arbitral and judicial responses to contract law issues.”Oxford University Press Website
“What should we call law when it is not the law of one or several states? Does it actually matter what we call law? How can we take into account the consequences of calling something law when we shape the concept of law in the first place? How does international arbitration help to illustrate the problem?
This book is an investigation into stateless law, illustrated by international arbitration regimes. It addresses key philosophical questions posed by international arbitration as a potential path to law beyond the state. It ascertains which dimensions of transnational legality arbitral regimes conform to, and what consequences follow from it.
The argument of this book is firmly rooted in contemporary legal positivism and is attentive to current debates regarding the rule of law to ponder legality without territory. A theory is suggested regarding the minimal conditions that transnational regimes must fulfil in order to legitimately and appropriately count as law. The theory is tested on various arbitral regimes. The book thus offers reflections on the extent to which legality and the rule of law can serve as a moral and political benchmark for transnational regimes, to assess the political morality of arbitration’s current autonomy from states and what arbitration’s claim for an increase in that autonomy implies.”Oxford University Press Website
“The Roles of Psychology in International Arbitration is the first book to focus on the insights into international arbitration that can be gained from contemporary psychology. The system of international arbitration is built on private contractual relations, yet has been endorsed by governments around the world as a fair and reliable alternative to litigation in State courts. As a private process, however, its authority and legitimacy derive entirely from the views and actions of those involved in the arbitral process, whether arbitrators, counsel, or parties. It is, though increasingly clear that psychological factors complicate, and in some cases radically change, every arbitral proceeding. In this context, psychological insights are crucial for understanding how international arbitration genuinely operates, and whether the legal framework currently applied to it is well suited to achieving the aims of ensuring a fair and reliable dispute resolution procedure. This book meets the increasingly recognized need for understanding the role of psychology in arbitral proceedings and forms an indispensable foundation for subsequent work in this area.”Wolters Kluwer Website
- Lauge N Skovgaard Poulsen, Bounded Rationality and Economic Diplomacy: The Politics of Investment Treaties in Developing Countries (CUP 2015).
- Emmanuel Gaillard, Aspects philosophiques du droit de l’arbitrage international (Nijhoff 2008).
- Bruno Oppetit, Théorie de l’arbitrage (PUF 1998).
- Cédric Dupont and Thomas Schultz, ‘Towards a New Heuristic Model: Investment Arbitration as a Political System’ (2016) 7(1) JIDS 3.
- Emmanuel Gaillard, ‘Sociology of international arbitration’ (2015) 31(1) Arb Int’l 1.
- Florien Grisel, ‘Competition and Cooperation in International Commercial Arbitration: The Birth of a Transnational Legal Profession’ (2017) 51(1) Law and Society Review 790
- Theodore Eisenberg & Elizabeth Hill, ‘Arbitration and Litigation of Employment Claims: An Empirical Comparison’ 58 Disp. Resol. J. 44, 53 (2003).
- Pat K. Chew, ‘Arbitral and Judicial Proceedings: Indistinguishable Justice or Justice Denied?’ 46 Wake Forest Law Review 185(2011).
- Susan D Franck, James Freda, Kellen Lavin, Tobias A Lehmann and Anne van Arken, ‘International Arbitration: Demographics, Precision and Justice (June 11, 2015). ICCA Congress Series No. 18, Legitimacy, Myths, Realities, Challenges, 33. Available at <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2611174>
- Rebecca K. Helm, Andrew J. Wistrich, and Jeffrey J. Rachlinski, ‘Are Arbitrators Human?’ (2016) 13 Journal of Legal Empirical Studies 666.
Arbitration in Europe
- Tony Cole, Ilias Bantekas, Federico Ferretti, Christine Riefa, Barbara Warwas and Pietro Ortolani, The Legal Instruments and Practice of Arbitration in the EU (European Parliament 2014) 2.2.
- Tony Cole, Pietro Ortolani and BarbaraWarwas, ‘Arbitration in Southern Europe’ (2015) 26 American Review of International Arbitration 187.
Social Network Analysis – Theoretical Discussions
“Social network analysis is used widely in the social and behavioral sciences, as well as in economics, marketing, and industrial engineering. The social network perspective focuses on relationships among social entities and is an important addition to standard social and behavioral research, which is primarily concerned with attributes of the social units. Social Network Analysis: Methods and Applications reviews and discusses methods for the analysis of social networks with a focus on applications of these methods to many substantive examples. It is a reference book that can be used by those who want a comprehensive review of network methods, or by researchers who have gathered network data and want to find the most appropriate method by which to analyze it. It is also intended for use as a textbook as it is the first book to provide comprehensive coverage of the methodology and applications of the field.”Cambridge University Press Website
“The principal method that I have been associated with is social network analysis. I began to use this in studies of corporate interlocks but discovered that the available software and methodological discussions were either non-existent or cast as very technical mathematics. I attempted to clarify this for myself and decided to publish my summary discussion of methods and techniques in Social Network Analysis: A Handbook (Sage, 1997). This was published in a third edition in 2013 and a completely revised fourth edition in 2017.”http://www.johnscottcbe.com/methods.html
“Social network analysis has been one of the fastest growing and most influential areas of recent times. Why has this happened? What are the key features of social network analysis?
This sparkling Handbook offers an unrivalled resource. Systematically, it introduces readers to the key concepts, substantive topics, central methods, and prime debates. Among the specific areas covered are: Network theory; Interdisciplinary applications; Online networks; Corporate networks; Lobbying networks; Deviant networks; Measuring devices; Key Methodologies; Software applications
The result is a peerless resource for teachers and students. It offers a critical survey of the origins, basic issues and major debates. Instead of consulting a variety of books and journal articles, the Handbook offers a one-stop guide that will be used by readers for decades to come.”Sage Publications Research Methods Website
“This book introduces the non-specialist reader to the principal ideas, nature and purpose of social network analysis. Social networks operate on many levels, from families up to the level of nations, and play a critical role in determining the way problems are solved, organizations are run, and the degree to which individuals achieve their goals. Social network theory maps these relationships between individual actors. Though relatively new on the scene it has become hugely influential across the social sciences.Bloomsbury Website
Assuming no prior knowledge of quantitative sociology, this book presents the key ideas in context through examples and illustrations. Using a structured approach to understanding work in this area, John Scott signposts further reading and online sources so readers can develop their knowledge and skills to become practitioners of this research method. A series of Frequently Asked Questions takes the reader through the main objections raised against social network analysis and answers the various queries that will come up once the reader has worked their way through the book.”
“To date, most network research contains one or more of five major problems. First, it tends to be atheoretical, ignoring the various social theories that contain network implications. Second, it explores single levels of analysis rather than the multiple levels out of which most networks are comprised. Third, network analysis has employed very little the insights from contemporary complex systems analysis and computer simulations. Fourth, it typically uses descriptive rather than inferential statistics, thus robbing it of the ability to make claims about the larger universe of networks. Finally, almost all the research is static and cross-sectional rather than dynamic.
Theories of Communication Networks presents solutions to all five problems. The authors develop a multitheoretical model that relates different social science theories with different network properties. This model is multilevel, providing a network decomposition that applies the various social theories to all network levels: individuals, dyads, triples, groups, and the entire network. The book then establishes a model from the perspective of complex adaptive systems and demonstrates how to use Blanche, an agent-based network computer simulation environment, to generate and test network theories and hypotheses. It presents recent developments in network statistical analysis, the p* family, which provides a basis for valid multilevel statistical inferences regarding networks. Finally, it shows how to relate communication networks to other networks, thus providing the basis in conjunction with computer simulations to study the emergence of dynamic organizational networks.”Oxford University Press Website
“Models and Methods in Social Network Analysis, first published in 2005, presents the most important developments in quantitative models and methods for analyzing social network data that have appeared during the 1990s. Intended as a complement to Wasserman and Faust’s Social Network Analysis: Methods and Applications, it is a collection of articles by leading methodologists reviewing advances in their particular areas of network methods. Reviewed are advances in network measurement, network sampling, the analysis of centrality, positional analysis or blockmodelling, the analysis of diffusion through networks, the analysis of affiliation or ‘two-mode’ networks, the theory of random graphs, dependence graphs, exponential families of random graphs, the analysis of longitudinal network data, graphical techniques for exploring network data, and software for the analysis of social networks.”Cambridge University Press Website
- Stanley Milgram, ‘The Small-World Problem’ (1967) 1(1) Psychology Today 61.
- Peter V. Marsden, ‘Network Data and Measurement’ (1990) 16 Annual Review of Sociology 435.
- Linton C. Freeman, Douglas R. White, and A. Kimball Romney (eds.), Research Methods in Social Network Analysis, (George Mason University Press 1992).
- Mustafa Emirbayer. 1997. “Manifesto for a Relational Sociology.” American Journal of Sociology, Vol. 103, No. 2 (September): 281-317.
- Joel M. Podolny and Karen L. Page. 1998. ‘Network Forms of Organization’ (1998) 24 Annual Review of Sociology 57.
- Linton C. Freeman, The Development of Social Network Analysis: A Study in the Sociology of Science (Empirical Press 2004).
- Edward O. Laumann, ‘A 45-year Retrospective on Doing Networks’ (2006) 27(1) Connections 65.
Network Analysis in Arbitration and Other Legal Fields
- Daniel Martin Katz & Derek Stafford, Hustle and Flow: A Social Network Analysis of the American Federal Judiciary, (2010) 71 Ohio State Law Journal 457.
- Daniel Martin Katz, Joshua R. Gubler, Jon Zelner, Michael J. Bommarito II, Eric Provins and Eitan Ingall, ‘Reproductionof Hierarchy? A Social Network Analysis of the American Law Professorate’(2011) 61(1) Journal of Legal Education 76.
- Sergio Puig,‘Social Capital in the Arbitration Market’ (2014) 25(2) The European Journal of International Law 387.
- Clayton D People and James E Sutton,‘Congressional Bribery as State-Corporate Crime: A Social Network Analysis’(2015) 64 Crime and Social Change 103.
- Malcolm Langford, Daniel Behn and Runarf Hilleren Lie, ‘The Revolving Door in International Investment Arbitration’ (2017) 0 Journal of International Economic Law 1.
- Shane A Gleason, ‘The Dynamics of Legal Networks: State Attorney General Amicus Brief Coalition Formation’ (2018) 39(3) Justice System Journal 253.
- Morgan Bucher and Chad Whelan, ‘Social Network Analysis as a Tool for Criminal Intelligence: Understanding its Potential from the Perspectives of Intelligence Analysts’ (2018) 21 Trends in Organised Crime 278.
The Psychology of Decision Making
“Contextualism as a philosophy of science has been receiving increased attention from psychologists and other social scientists frustrated with the dominant mechanistic view within psychology. This volume explores a wide range of contextualistic views within psychology and the social sciences. These are fresh approaches that cut across old quarrels and polarities.
This volume is composed of thirteen chapters, each followed by brief discussions that elaborate and elucidate the contributions. It is intended for professionals and students in the social sciences. Varieties is one of only a small number of contemporary volumes focusing exclusively on contextualism as a world view.”Goodreads Website
“Human language and our use of it to communicate or to understand the world requires deriving relations among events: for example, if A=B and A=C, then B=C. Relational frame theory argues that such performances are at the heart of any meaningful psychology of language and cognition. From a very early age, human beings learn relations of similarity, difference, comparison, time, and so on, and modify what they do in a given situation based on its derived relation to others situations and what is known about them. This volume goes beyond theory and gives the empirical and conceptual tools to conduct an experimental analysis of virtually every substantive topic in human language and cognition, both basic and applied. As the term `post-Skinnerian’ suggests, this volume challenges behavioral psychology to abandon many of the specific theoretical formulations of its most prominent historical leader in the domain of complex human behavior, especially in human language and cognition, and approach the field from a new direction. The need for a pragmatically useful analysis of language and cognition is as enormous and varied as its extensions and applications. This volume will be of interest not only to behavior theorists but also to cognitive psychologists, therapists, educators, and anyone studying the human condition.”Springer Website
Thomas Gilovich, Dale Griffin and Daniel Kahneman (eds), Heuristics and Biases: The Psychology of Intuitive Judgment (CUP 2002).
“Is our case strong enough to go to trial? Will interest rates go up? Can I trust this person? Such questions – and the judgments required to answer them – are woven into the fabric of everyday experience. This book, first published in 2002, examines how people make such judgments. The study of human judgment was transformed in the 1970s, when Kahneman and Tversky introduced their ‘heuristics and biases’ approach and challenged the dominance of strictly rational models. Their work highlighted the reflexive mental operations used to make complex problems manageable and illuminated how the same processes can lead to both accurate and dangerously flawed judgments. The heuristics and biases framework generated a torrent of influential research in psychology – research that reverberated widely and affected scholarship in economics, law, medicine, management, and political science. This book compiles the most influential research in the heuristics and biases tradition since the initial collection of 1982 (by Kahneman, Slovic, and Tversky).”Books Repository Website
“First published in 1987, Applied Behavior Analysis remains the top-choice primary text for appropriate courses at universities in the United States and abroad with leading programs in behavior analysis. This comprehensive text, best-suited for all upper-level courses in basic principles, applications, and behavioral research methods, helps students, educators, and practitioners appreciate and begin to acquire the conceptual and technical skills necessary to foster socially adaptive behavior in diverse individuals.”Pearson Website
“This book explores the idea that we have two minds – one that is automatic, unconscious, and fast, the other controlled, conscious, and slow. In recent years there has been great interest in so-called dual-process theories of reasoning and rationality. According to dual processs theories, there are two distinct systems underlying human reasoning – an evolutionarily old system that is associative, automatic, unconscious, parallel, and fast, and a more recent, distinctively human system that is rule-based, controlled, conscious, serial, and slow. Within the former, processes are held to be innate and to use heuristics which evolved to solve specific adaptive problems. In the latter, processes are taken to be learned, flexible, and responsive to rational norms. Despite the attention these theories are attracting, there is still poor communication between dual-process theorists themselves, and the substantial bodies of work on dual processes in cognitive psychology and social psychology remain isolated from each other. This book brings together leading researchers on dual-processes to summarize the state of the art, highlight key issues, present different perspectives, explore implications, and provide a stimulus to further work. It includes new ideas about the human mind both by contemporary philosophers interested in broad theoretical questions about mental architecture and by psychologists specialising in traditionally distinct and isolated fields. For all those in the cognitive sciences, this is a book that will advance dual-process theorizing, promote interdisciplinary communication, and encourage further applications of dual-process approaches.”Oxford University Press Website
“Logical thinking is a critically important cognitive skill. It is not just essential for mathematical and scientific understanding, it is also of prime importance when trying to navigate our complex and increasingly sophisticated world. Written by world class researchers in the field, The Developmental Psychology of Reasoning and Decision-Making describes the ways that children learn to reason, and how reasoning can be used to overcome the influence of beliefs and intuitions… Decision-Making provides an overview of the main theories and key empirical results related to the development of reasoning and should be of particular interest to students and researchers in developmental psychology and education, along with those in cognitive psychology.”Taylor & Francis Group Website
“In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of cognitive biases on everything from playing the stock market to planning our next vacation—each of these can be understood only by knowing how the two systems shape our judgments and decisions. Engaging the reader in a lively conversation about how we think, Kahneman reveals where we can and cannot trust our intuitions and how we can tap into the benefits of slow thinking. He offers practical and enlightening insights into how choices are made in both our business and our personal lives—and how we can use different techniques to guard against the mental glitches that often get us into trouble. Winner of the National Academy of Sciences Best Book Award and the Los Angeles Times Book Prize and selected by The New York Times Book Review as one of the ten best books of 2011, Thinking, Fast and Slow is destined to be a classic.”Mac Millan Publishers Website
- Amos Tversky and Daniel Kahneman, ‘Judgment under Uncertainty: Heuristics and Biases’ (1974) 185Science 1124.
- Jack Michael, ‘Distinguishing between discriminative and motivational functions of stimuli’ (1982) 37(1) Journal of the Experimental Analysis of Behavior 149.
- Charles J Brainerd and Valerie F Reyna ‘Gist is the grist: Fuzzy-trace theory and the new intuitionism’ (1990)10(1) Developmental Review 3.
- Jack Michael, ‘Establishing Operations’ (1993) 16(2) The Behavior Analyst 191.
- Valerie F Reyna and Charles J Brainerd, ‘Fuzzy-trace Theory: An Interim Synthesis’ (1995) 7 Learning &Individual Differences 1.
- Steven A Sloman, ‘The Empirical case for two systems of reasoning’ (1996) 119 Psychological Bulletin 3.
- Raymond S Nickerson,‘Confirmation Bias: A Ubiquitous Phenomenon in Many Guises’ (1998) 2 Review ofGeneral Psychology 175.
- Gary Hatfield, ‘Psychology, philosophy, and cognitive science: Reflections on the history and philosophy of experimental psychology’ (2002) 17 Mind & Language 207.
- Thomas Gilovich and Dale Griffin, ‘Introduction – Heuristics and Biases: Then and Now’ in Thomas Gilovich, Dale Griffin and Daniel Kahneman (eds), Heuristics and Biases: The Psychology of Intuitive Judgment (CUP2002) 1.
- Franck Carpentier, Paul M. Smeets & Dermot Barnes-Holmes, ‘Equivalence-equivalence as a model of analogy: Further analyses.’ (2003) 52 The Psychological Record 349.
- Valerie F Reyna, ‘How People Make Decisions that Involve Risk: A Dual Process Approach’ (2004) 13 Current Directions in Psychological Science 60.
- Magda Osman, “An Evaluation of Dual Process Theories of Reasoning (2005) 11(6) Psychonomic Bulletin & Review 988.
- Jack Michael, ‘Motivating Operations’ In: John O Cooper, Timothy E Heron and William L Heward (eds), Applied Behavior Analysis (2nd edn, Prentice Hall 2007) 374.
- Eric J Fox, ‘Contextualistic Perspectives’ in J Michael Spector, M David Merrill, Jeroen van Merriënboer and Marcy P Driscoll (eds), Handbook of Research on Educational Communications and Technology (3rd edn, Taylor& Francis 2008) 55.
- Alisha M Wray, Rachel A Freundand Michael J Dougher, ‘A Behavior-Analytic Account of Cognitive Bias in Clinical Populations’ (2009) 32(1) The Behavior Analyst 29.
- Gideon Keren and Yaacov Schul,‘Two is Not Always Better Than One: A Critical Evaluation of Two-System Theories’ (2009) 4(6) Perspectives on psychological science 533.
- Jan De Houwer, ‘Why the cognitive approach in psychology would profit from a functional approach and vice versa’ (2011) 6(2) Perspectives on Psychological Science 202.
- Valerie F. Reyna & Charles J Brainerd, ‘Dual Processes in Decision-Making and Developmental Neuroscience: A Fuzzy-Trace Model’ (2011) 31 Dev. Rev. 180.
- Alisha M Wray, Michael J Dougher, Derek A Hamilton and Paul M Guinther, ‘Examining the reinforcing properties of making sense: A preliminary investigation’ (2012) 62(4) The Psychological Record 599.
- SC Hayes, D Barnes-Holmes, and KG Wilson, ‘Contextual behavioral science: Creating a science more adequate to the challenge of the human condition’ (2012) 1(1) Journal of Contextual Behavioral Science 1.
- Andrei Shleifer, ‘Psychologists at the Gate: A Review of Daniel Kahneman’s Thinking, Fast and Slow’ (2012)50(4) Journal of Economic Literature 1.
- Valerie F Reyna, ‘A Newintuitionism: Meaning, memory, and development in Fuzzy-Trace theory’ (2012) 7Judgment and Decision-Making 332.
- Christopher R Fisher, Christopher R Wolfe, Valerie F Reyna, Colin L Widmer, Elizabeth M Cedillos& Priscilla Brust-Renck, ‘A signal detection analysis of gist-based discrimination of genetic breast cancer risk’ (2013) 45 Behavior Research Methods 613.
- Marlène Abadie, Laurent Waroquier and Patrice Terrier, ‘Gist Memory in the Unconscious-Thought Effect’(2013) 24 Psychological Science 1253.
- Valerie F Reyna, ‘Intuition, Reasoning and Development: A Fuzzy-Trace Theory Approach’ in Pierre Barrouilletand Caroline Gauffroy (eds) TheDevelopment of Thinking and Reasoning (Psychology Press 2013) 193.
- Jonathan St BT Evans and Keith Stanovich, ‘Dual Process Theories of Higher Cognition: Advancing the Debate’(2013) 8 Perspectives on Psychological Science 223.
- Andreas Voss and ChristianeSchwieren, ‘The dynamics of motivated perception: Effects of control and status on the perception of ambivalent stimuli’ (2015) 29(8) Cognition and Emotion1411.
- Johnathan C. Corbin, Valerie F.Reyna, Rebecca B. Weldon & Charles Brainerd ‘How Reasoning, Judgment, and Decision Making are Colored by Gist-based Intuition: A Fuzzy-Trace TheoryApproach’ (2015) 4 J. Appl. Res. Mem. Cogn. 344-355.
- Simon J Handley and Dries Trippas, ‘Dual Processes and the Interplay between Knowledge and Structure: A New Parallel Processing Model’ (2015) 62 Psychology of Learning and Motivation 33.
- Michael Bordieri, Karen Kate Kellum, Kelly G Wilson and Kerry C Whiteman, ‘Basic Properties of Coherence: Testing a Core Assumption of Relational Frame Theory’ (2016) 66(1) ThePsychological Record 83.
- Sean Hughes, Jan De Houwer and Marco Perugini, ‘The functional-cognitive framework for psychological research: Controversies and resolutions’ (2016) 51(1) International Journal of Psychology 4.
- Edna Sussman, ‘Biases and Heuristics inArbitrator Decision-Making: Reflections on How to Counteract or Play to Them’in Tony Cole (ed) The Roles of Psychology in International Arbitration (Kluwer 2017).