What Factors Influence Judges’ Rulings About the Legality of Affirmative Action Plans?

Purpose

When implementing affirmative action programs involving race and gender, human resource practitioners must balance efforts to increase workforce diversity against the need to avoid illegal reverse discrimination. The tension between non-discrimination law and preferential treatment is explored. In reverse discrimination case law, affirmative action plans are evaluated by judges along two dimensions: remedial need and limiting harm. The legal literature specifies certain factors such as statistical imbalance, employee qualification, and duration of plan that are usually examined within these two dimensions.

Methodology

A content analysis of 80 federal court cases was conducted to quantitatively analyze the weight and importance of these factors within judicial rulings as well as contextual factors (e.g., judge’s political affiliation, beneficiary of program) that may influence the outcome of affirmative action lawsuits.

Results

It was found that remedial need can be demonstrated by large statistical disparities in the workforce, and was also more likely to be found by Democratic than Republican judges. Limiting harm is more likely to be supported by plans that are of limited duration and do not use reserved slots, or quotas.

Implications

The study provides empirically based recommendations for the design of legally defensible affirmative action plans that involve preferential treatment.     

Evidence for the Syndrome of Nonverbal Learning Disabilities in Children with Brain Tumors

This study examined the predicted utility of the Nonverbal Learning Disabilities syndrome (NLD) (Rourke, 1995) for characterizing neurocognitive and psychosocial outcomes in 123 children with brain tumors. Children with brain tumors were found to be at high risk of having a specific academic deficit, particularly in arithmetic. Children with arithmetic deficit evidenced a higher rate of impairment on nonverbal tasks than on verbal tasks, whereas children with reading deficit evidenced a higher rate of impairment on verbal tasks than on nonverbal tasks. However, significant differences between children with arithmetic and reading deficits were not found for all of the component features of the NLD syndrome, and arithmetic deficit was not related to treatment with irradiation.     

Auditory Processing Measures: Correlation with Neuropsychological Measures of Attention,Memory, and Behavior

It has been suggested that measures of auditory processing (AP) are sensitive measures of attention resulting in the high comorbidity of auditory processing disorder (APD) and attention deficit/hyperactivity disorder (ADHD). Others have found that selected AP measures share significant variance with memory tasks. The current study investigated the relation between AP measures and various neuropsychological measures presumed to measure attention and memory in 36 children with a mean age of 7.78 years (SD = 1.61) referred to an outpatient facility. Results indicate that AP measures significantly correlated with each other as well as with some measures of attention, memory, and behavior ratings. Results suggest that although AP measures include elements of both attention and memory, these measures also appear to assess processes not tapped by other measures of attention and memory. The correlation of AP measures with parent-and teacher-rated withdrawal, parent-rated somatization, conduct, and depression, as well as teacher-rated attention, anxiety, learning problems, social skills, and leadership suggest that auditory processing problems may manifest in myriad behaviors across settings. Implications for practice and future research are presented.     

The meditations and the logic of testimony

This paper argues that an examination of the ontology that underpins Descartes’s Fifth Meditation ontological proof of God’s existence will contribute to a better understanding of the nature and structure of the proof. Attention to the Cartesian meditator’s development of this ontology in earlier meditations also makes clear why this proof could not have been asserted before the Fifth Meditation. Finally, it is argued that Kant’s objections against the ontological proof have no force against Descartes’ particular version of the proof.     

Book review

Raison et déraison d'État. Théoriciens et theories de la raison d'État aux XVIe et XVIIe siècles sous la direction de Yves Charles Zarka Paris, Presses Universitaires de France, 1994 pp. 436, 248 FF. ISBN 9–782130–461616.

Beverly C. Southgate: ’Covetous of Truth’: The Life and Work of Thomas White, 1593–1676 Dordrecht: Kluwer Academic Publishers, 1993. 189 pp. £60.00 ISBN 0–7923–1926–5

George Dicker: Descartes: An Analytical and Historical Introduction Oxford University Press, 1993 (248 pp.) £14.95 pbk. ISBN 0–19–507590–0

Theo Verbeek: Descartes and the Dutch: Early Reactions to Cartesian Philosophy, 1637–1650. Carbondale and Edwardsville, Southern Illinois University Press, 1992, x + 168 pp. $30.00 ISBN 0–8093–1617‐X

David Berman: George Berkeley: Idealism and the Man Oxford University Press, 1994. £27.50 ISBN 0–19–826746–0

Joseph Mali: The Rehabilitation of Myth: Vico's New Science Cambridge: Cambridge University Press, 1992. pp. xv + 275. £35.00 ISBN 0–521–41952–2

R. C. Solomon and K. W. Higgins (eds): The Age of German Idealism Routledge: London, 1993. Pp. 408. £55.00 (hbk) ISBN 0–415–05604–7

T. L. S. Sprigge: James and Bradley: American Truth and British Reality Chicago and La Salle, Illinois: Open Court, 1993 Pp. xiv + 630. $66.95 (hbk), $29.95 (pbk). ISBN 0–8126–9227–6 (pbk)

A. W. Moore: The Infinite Routledge, London and New York (1990). First published in paperback, 1991. xiv + 268 pp., £10.99 ISBN 0–415–07048–1     

“I'm Not a Gadget”: A Grounded Theory on Unplugging

ABSTRACT

Technology has become a pervasive and indispensable part of our lives over the past few decades. Researchers have begun examining the impacts that technology has on individuals as well as on relationships. Although positive outcomes are associated with technology use, a concern about being always connected has motivated individuals to participate in periods of unplugging, with the goal to enhance individual well-being and relationships. Pervasive use of technology means today's therapist will work with clients impacted by the role technology plays in their lives and relationships. The purpose of the present study was to explore the impacts that “unplugging,” or disconnecting from certain types of technology or digital media, would have on individuals and their individual and interpersonal well-being. Using 29 publicly shared stories on blogs, websites, and news articles, the authors presents a theoretical model derived through grounded theory methodology. The theoretical model includes four thematic codes, taking the initial steps, realizing the dependence, regaining time and life, and re-plugging and evaluating the experience, which indicates a progressive process that individuals experience when choosing to unplug. The thematic codes, as well as domains comprising those codes, are presented in a visual format. Future research and clinical implications are discussed.     

Calculus GPA and Math Identification as Moderators of Stereotype Threat in Highly Persistent Women

The present research tested whether the effect of stereotype threat on calculus performance was moderated by calculus GPA and math identification in advanced undergraduate women majoring in science, technology, and engineering (STEM) fields. Women (n = 102) were randomly assigned to one of three conditions—stereotype threat, gender equivalence, or no mention (of gender). Confirming stereotype threat theory, at high levels of calculus GPA and math identification, women performed the worst in the stereotype threat condition, intermediate in the gender equivalence condition, and best in the no mention condition. Strategies to counter the inimical effects of stereotype threat are discussed     

Book Review

How Nature Works: The Science of Self‐Organized Criticality Per Bak Copernicus, Spring‐Verlag New York, Inc., New York, NY., 1996, cloth; pp. 212, bibliography and index; $27.00 USD

Networks of Meaning: The Bridge Between Mind and Matter is published by Praeger, Greenwood Publishing Group, Westport, CT, USA; 1998; 232 pages, ISBN: 0275960358, $55 USD.     

Recognising subtle emotional expressions: The role of facial movements

Two studies investigated the importance of dynamic temporal characteristic information in facilitating the recognition of subtle expressions of emotion. In Experiment 1 there were three conditions, dynamic moving sequences that showed the expression emerging from neutral to a subtle emotion, a dynamic presentation containing nine static stills from the dynamic moving sequences (ran together to encapsulate a moving sequence) and a First–Last condition containing only the first (neutral) and last (subtle emotion) stills. The results showed recognition was significantly better for the dynamic moving sequences than both the Dynamic-9 and First–Last conditions. Experiments 2a and 2b then changed the dynamics of the moving sequences by speeding up, slowing down or disrupting the rhythm of the motion sequences. These manipulations significantly reduced recognition, and it was concluded that in addition to the perception of change, recognition is facilitated by the characteristic muscular movements associated with the portrayal of each emotion.     

Emotional stimuli exert parallel effects on attention and memory

Because emotional and neutral stimuli typically differ on non-emotional dimensions, it has been difficult to determine conclusively which factors underlie the ability of emotional stimuli to enhance immediate long-term memory. Here we induced arousal by varying participants' goals, a method that removes many potential confounds between emotional and non-emotional items. Hungry and sated participants encoded food and clothing images under divided attention conditions. Sated participants attended to and recalled food and clothing images equivalently. Hungry participants performed worse on the concurrent tone-discrimination task when they viewed food relative to clothing images, suggesting enhanced attention to food images, and they recalled more food than clothing images. A follow-up regression analysis of the factors predicting memory for individual pictures revealed that food images had parallel effects on attention and memory in hungry participants, so that enhanced attention to food images did not predict their enhanced memory. We suggest that immediate long-term memory for food is enhanced in the hungry state because hunger leads to more distinctive processing of food images rendering them more accessible during retrieval.