Table of Contents

Procedural Posture and Social Choice

Michael Risch, Villanova University Charles Widger School of Law

Using Game Theory Situations to Trigger Coopetition Dynamics in Inclusive Tourism Related Project Development

Frederic THOMAS, affiliation not provided to SSRN
Peter Richards, Leeds Beckett University
Potjana Suansri, affiliation not provided to SSRN

Altruism Begets Altruism

Stephanie Heger, The University of Sydney
Robert Slonim, University of Technology Sydney (UTS)

Failing to Provide Public Goods: Why the Afghan Army Did Not Fight

Rohan Dutta, McGill University
David Levine, Federal Reserve Banks - Federal Reserve Bank of St. Louis
Salvatore Modica, University of Palermo


"Procedural Posture and Social Choice" Free Download
Minnesota Law Review, Vol. 107 (Forthcoming)

MICHAEL RISCH, Villanova University Charles Widger School of Law

Lawyers, judges, and professors have always been interested in the way cases unfold procedurally—their procedural posture. To date, however, nobody has provided a generalized theoretical framework to explain how procedural posture influences outcomes. This Article uses social choice theory to fill that void, providing much needed insight into the ways that trial court litigation is influenced by the procedural agenda. Social choice theory considers how individual preferences translate to the collective desire. It is a messy business. One key insight of social choice theory is that whoever controls the decision agenda can control the outcome.

This Article conceptualizes trial court litigation within social choice theory, showing how the parties and the court each jostle for an agenda that will lead the collective to their preferred individual outcome, even if that outcome is simply “follow the law.” Using theoretical, exemplary, and empirical analysis, the Article shows a variety of ways that participants express preferences and control the agenda. Once viewed within social choice theory, it follows that procedural posture is a form of agenda control. Procedural posture as agenda control provides a payoff not previously found in the literature. It explains why it is so important, provides a nuanced way to consider procedural rules, and helps explain seemingly bad outcomes. Most important, it provides a new tool that commentators can use to evaluate intentional and unintentional bias in the system in a methodological way.

"Using Game Theory Situations to Trigger Coopetition Dynamics in Inclusive Tourism Related Project Development" Free Download

FREDERIC THOMAS, affiliation not provided to SSRN
PETER RICHARDS, Leeds Beckett University
POTJANA SUANSRI, affiliation not provided to SSRN

The objective of the research is to understand how the use of game theory situations can be useful in facilitating behavioural change in the development process. The context is to engage the coopetition of souvenir retailers in the implementation of an inclusive tourism project, in a remote and post-conflict environment. T