Analogical transfer and expertise in legal reasoning

Analogical transfer and its relation to expertise is examined in a legal context. Three experiments were conducted comparing the performance of novices (introductory tax students) and of experts (experienced tax practitioners from multinational public accounting firms) on tasks involving the application of tax laws. In Experiment 1 subjects completed a target problem after reading a decided case that was either analogous or not analogous to a target problem. A limited amount of transfer was observed, with no differential rate of transfer across experience levels. In Experiments 2 and 3 attempts were made to facilitate transfer of knowledge by inducing transfer-appropriate processing of the source analog and by providing multiple source analogs. The results of both experiments indicate an interaction between treatment and expertise. Unexpectedly, the facilitating treatments reduced the transfer of knowledge for experts while increasing the transfer for novices. Subsequent analysis of the responses of the expert subjects indicates that for the more experienced expert subjects a highly proceduralized rule interfered with the knowledge transfer when that rule was made salient by the facilitating treatments. The less experienced expert subjects behaved in a manner consistent with the hypotheses. This poor performance of the more experienced experts results from the inflexibility in expert problem solving due to the proceduralization of information processing. Frensch and Sternberg (1989) demonstrate that this type of inflexibility is one of the costs of expertise and results from the development of a large and highly complex knowledge base containing numerous well developed strategies.     

Counseling in the classroom: interview with albert ellis

Every teacher had better be trained in counseling. Then they could teach the kids that all humans tend to have emotional problems. That's their nature. They create many kinds of nutty ideas: That theymust do well; and theymust be loved; and thehave to get what they want.In this interview Albert Ellis speaks out on counseling in the classroomrape, incest, masturbation, marital relationships, as well as common discipline problems. Teachers spend far too much time and energy with the very difficult students, and some of the average and gifted get short shrift. By counseling one student in front of the others, often those least upset and involved receive the most benefit. Far from wasting class time, teaching all students Rational-Emotive Therapy (RET) reduces the number of disturbed students, and offers teachers more time to spend in helping develop special education for the gifted. It also enables counselors and psychologists to spend more time servicing teachers. And teachers who practice RET counseling learn an effective technique for coping with even inner city stress and burnout.Joel Dames conducted this interview with Albert Ellis at the Institute for Rational-Emotive Therapy in New York. He is employed by the U.S. Department of Defense Dependent Schools of Camp Zama, a U.S. Army post in Japan where he teaches literature and writing to high school students.     

Factors affecting entrapment in escalating conflicts: The importance of timing

Entrapping conflicts are those in which individuals continue to invest their resources—even in seemingly losing propositions-in large part to justify previous unfilled expenditures. It has been demonstrated that individuals define their motivation for investing very differently at the various stages of an entrapping conflict. One implication of this motivational dynamic is that various factors may differentially affect degree of entrapment (i.e., amount invested), depending upon the point in time at which they are introduced. The present studies were designed to test this notion. All subjects were given an initial monetary stake and had the opportunity to win more by taking part in an entrapping investment situation. In Experiment 1, half the subjects were provided with a payoff chart that made salient the costs associated with investing (Highcost salience condition) whereas half were not (Low-cost salience condition). Moreover, for half of the subjects the payoff chart was introduced before they were asked to invest (Early condition) whereas for the other half it was introduced after they had invested a considerable portion of their resources (Late condition). Entrapment was lower in the High salience-Early than in the Low salience-Early condition. However, there was no difference between groups in the Late condition. In Experiment 2, the perceived presence of an audience interacted with personality variables related to face-saving to effect entrapment. When the audience was described as “experts in decision making,” subjects high in public self-consciousness (or social anxiety) became less entrapped than those low on these dimensions. When the audience consisted of individuals who “wished simply to observe the experimental procedure,” however, high public self-consciousness (or social anxiety) individuals were significantly more entrapped than lows. Moreover, these interaction effects occurred when the audience was introduced late, but not early, into the entrapment situation. Taken together, these (and other) findings suggest that economic factors are more influential determinants of behavior in the earlier stages of an entrapping conflict, whereas face-saving variables are more potent in the later phases. Alternative explanations are discussed.     

The generality of overselectivity in developmentally disabled children

A growing body of research suggests that low Mental Age (MA) autistic and retarded children show a unique stimulus control deficit, one that may cause many or most of their behavioral deficiencies. This problem, stimulus overselectivity, is evidenced when a child responds only to a restricted portion of the stimulus environment when compared with normal children. The purpose of this study was to assess whether this overselectivity is general across situations or whether it is restricted to certain stimulus/task conditions. Eight autistic children, who evidenced overselectivity on a preassessment task, and 8 normal children with similar MA levels participated. All children were trained on 3 tasks to determine if overselectivity varied as a function of different stimulus conditions. Each of the 3 tasks involved training a child to respond to (i.e., touch) a card containing a circle (S +) and to avoid a blank (S ?) card. In each case, the circle comprised a series of dots. The difference between the 3 circles (tasks) was the distance between the successive dots making up each circle. Also, in the minimal separation condition the dots were smaller in size and greater in number than in the larger separation conditions. Of concern was whether autistic children learned about the gestalt (i.e., the circle), which required attention to multiple cues, or whether children would overselect and respond to the dots. The results showed that (1) stimulus overselectivity was found not to be a generalized deficit in autistic subjects; instead, it varied as a function of the stimulus variables; and (2) the stimulus variables manipulated in this study similarly influenced the responding of both normal and autistic children. The implications of these data for a theory of overselectivity are discussed.     

Creative thinking and juvenile delinquency: a study of delinquent and nondelinquent youth on the Torrance Tests of Creative Thinking.

Using the T.T.C.T. this study examined the creative thinking of 32 delinquent and 32 nondelinquent adolescent males. The delinquent group was composed of juveniles on parole status. The nondelinquent group was composed of public school students. On the variables of IQ, age, and socioeconomic class, t-test results indicated no significant differences, except on socioeconomic class, between the groups. Analysis of variance procedures were performed to determine the possibility of an interaction between levels of intelligence and delinquent status with regard to verbal and figural creativity test scores. There were no significant main effects or interaction between IQ and adjudication status with respect to figural creativity. There was a significant main effect due to adjudication status for the dependent variable of verbal creativity scores, respectively while blocking on the intelligence variable. The results were parallel to the ANOVAS which did not specifically control for the intelligence variable between the two groups.     

The role of the church in the community based care of the chronically mentally disabled: Reclaiming an historic ministry

The perplexing circumstance of the chronically mentally disabled in the community poses both a challenging ministry and significant learning opportunity for the church. Historically the church once served as a primary resource in their community life. When care shifted to the hospital in the nineteenth century, chaplains then ministered on behalf of the church. The institutional setting later spawned the clinical training and pastoral care movement, the mental patient an essential teacher and beneficiary. With the locus of care having recently returned to the community, the church can now provide social, pastoral and spiritual resources, collaborate in deinstitutionalization with the mental health delivery system, and return to a ministry of learning with the less resourceful.The Reverend Anderson serves as Chaplain Supervisor, Connecticut Mental Health Center, Box 1842, New Haven, Connecticut 06508, and as a Lecturer in Pastoral Theology at Yale Divinity School. The author wishes to thank Dr. Donald H. Williams and Fr. Henri Nouwen for their advice and encouragement during the preparation of this article.