Recession Haggling

bazaarThis week, Time Magazine had a great article on haggling during the recession. (Thanks to Jerry Olivo for sending this along.)  Although apparently we don’t usually negotiate retail items, the recession has encouraged plenty of shoppers to dust off those negotiation skills and try to negotiate items that are typically not open for discussion. 

Think you should haggle only when buying a car or shopping in the streets of Morocco? In this recession, if you’re not bargaining for everything everywhere, you’re needlessly draining your wallet. According to the consulting firm America’s Research Group, in October, 56% of consumers said they had recently tried to negotiate at retail outlets other than car dealerships. Of those hagglers, 50% got deals. When the company repeated the survey in May, 72% of consumers said they had tried to haggle, and a stunning 80% were successful. “What you can do today is unbelievable,” says Herb Cohen, an expert dealmaker and the author of the 1980 classic You Can Negotiate Anything. “Americans may finally learn that price tags weren’t put there by the big printer in the sky.”

It sounds like a perfect time for negotiation students everywhere to test those skills and ask for what you want.  As the article notes, you might start out feeling sheepish but will end up finding the process rather exhilarating.

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Regulation and the Second Law of Thermodynamics

stephen_hawkingAt first blush, one would not think that Barney Frank and Stephen Hawking would have anything in common.  The first is the Chairman of the House Financial Services Committee, and is currently conducting hearings on the regulatory reform of the financial markets.  The second is the noted University of Cambridge professor of theoretical physics and the author of the best selling book A Brief History of Time.

 However, in my mind both men are associated with the Second Law of Thermodynamics.  This law of physics states that the entropy of an isolated system always increases over time.  Stephen Hawking described it in more comprehensible terms in A Brief History of Time:

It is a common experience that disorder will increase if things are left to themselves.  . . .  In any closed system disorder, or entropy, always increases with time.

 Therefore, when I think of Hawking, I think of someone who can explain the Second Law of Thermodynamics.  When I think of Barney Frank, I think of someone who is desperately trying to avoid its operation.

I would contend that all forms of market regulation follow the Second Law of Thermodynamics.  In each case, a comprehensive statutory scheme is enacted as law, it imposes a closed system of rules on market actors, and over time the scheme inexorably breaks down.  Federal securities regulation, which began with the Securities Act of 1933 and the Securities Exchange Act of 1934, provides the perfect case history of this principle in action.

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Seventh Circuit Criminal Case of the Week: When Sentencing, Don’t Just Split the Difference

seventh circuitSplitting the difference is a tried and true tactic for resolving disputes.  I use this tactic all the time when I mediate conflict between my kids.  I also used it with great success to settle cases in practice.  But is splitting the difference an acceptable way for judges to resolve disputes? 

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