History and Analysis of Delayed Discovery Statutes of Limitations in Adult Survivor Litigation

Summary

In this chapter, attorney Mary R. Williams examines how while Childhood Sexual Abuse (CSA) cases share many of the types of facts for which delayed discovery, mental incapacity, equitable estoppel and other legal statutes of limitations doctrines were created, the combination of factors of CSA cases, including unusual social dynamics and long-term psychological effects, does not fit exactly with any of these legal doctrines. She explores the historical development of delayed discovery statutes of limitations, evaluates the different types of statutes and case law, and analyzes the problematic use of the concept of repression in legislation. This chapter interprets her ground-breaking state-by-state tabulations of delayed discovery statutes of limitations and reported appellate decisions on limitations in CSA actions, published in this volume as appendices A, B, and C.     

Créativité verbale et valence émotionnelle : « Je deviens plus créatif quand je vois un mot positif ! »

IntroductionThe modulating effect of emotion on creativity is one of the most current topics in cognitive research. Emotion, and particularly positive emotion, is supposed to be conducive of creativity and to enhance the processes of creative thinking.ObjectiveThis work aimed to study the modulating effect of emotional valence of the task material (words-stimuli) as well as the emotional valence of the task instructions on verbal creativity performance.MethodAn experiment was conducted on a set of 27 stimuli-words and six instructions-phrases selected on the basis of pretest valence ratings. The valence of the stimuli-words (negative, neutral and positive) was crossed with the valence of the instructions-phrases (negative, neutral and positive) in a 3 × 3 factorial design. However, only five experimental conditions were considered relevant and used in the Experiment. Three components of verbal creativity identified in the literature were measured: fluidity, flexibility and originality.ResultsResults showed that positive instructions and words increased verbal creativity, especially the originality of the responses, which is considered as a basic component of creativity. Conversely, negative valence had an inhibitory and obstructive effect on verbal creativity.ConclusionThis study supports previous research showing the existence of a significant influence of emotional valence of words on cognitive functioning, and adds to the very little (or absent) research on the modulating effect of the valence of instructions and on the relationship between verbal creativity and emotional valence, a relationship that can be fostered in education.     

The law of large numbers in children's diversity-based reasoning

Adults increase the certainty of their inductive inferences by observing more diverse instances. However, most young children fail to do so. The present study tested the hypothesis that children's sensitivity to instance diversity is determined by three variables: ability to discriminate among instances (Discrimination); an intuition that large numbers of instances increase the strength of conclusion (Monotonicity); ability to detect subcategories and evaluate numerical differences between the subcategories, or Extraction. A total of 219 Chinese children aged 6 to 11 were tested for sensitivity to diversity by means of Discrimination, Monotonicity, and Extraction. The results indicated that children at all ages were able to discriminate instances and attend to set size. However, only 9- and 11-year-olds demonstrated Extraction and sensitivity to diversity. Furthermore, among all children diversity scores increased linearly with the level of Extraction. These results suggest that the law of large numbers plays a role in children's diversity-based reasoning.     

On the failure of cognitive ability to predict myside and one-sided thinking biases

Two critical thinking skills—the tendency to avoid myside bias and to avoid one-sided thinking—were examined in three different experiments involving over 1200 participants and across two different paradigms. Robust indications of myside bias were observed in all three experiments. Participants gave higher evaluations to arguments that supported their opinions than those that refuted their prior positions. Likewise, substantial one-side bias was observed—participants were more likely to prefer a one-sided to a balanced argument. There was substantial variation in both types of bias, but we failed to find that participants of higher cognitive ability displayed less myside bias or less one-side bias. Although cognitive ability failed to associate with the magnitude of the myside bias, the strength and content of the prior opinion did predict the degree of myside bias shown. Our results indicate that cognitive ability—as defined by traditional psychometric indicators—turns out to be surprisingly independent of two of the most important critical thinking tendencies discussed in the literature.     

The grim reasoner: Analytical reasoning under mortality salience

The human species enjoys uniquely developed capacities for analytical reasoning and rational decision making, but these capacities come with a price: They make us aware of our inevitable physical death. Drawing on terror management theory and dual-process theories of cognition, we investigate the impact of mortality awareness on analytical reasoning. Two experiments show that experimentally induced thoughts of death impair analytical reasoning performance, just as cognitive load would. When made aware of their own mortality, reasoners allocate their executive resources to the suppression of this disturbing thought, therefore impairing their performance on syllogisms that require analytic thought. This finding has consequences for all aspects of rational thinking that draw on executive resources, and calls for an integrated approach to existential psychology and the psychology of rational thought.     

Angels and the Dragon King's Daughter: Gender,Sexuality in Western Buddhist New Religious Movements

Abstract

Through colonialism and globalization, Buddhism has developed an increasing profile in the West. This can be observed within popular culture as well as the presence of Buddhist practitioners from a range of ethnicities of whom a significant number are converts. This presence has led to the development of Buddhist new religious movements (NRMs). We first outline interpretations of gender and sexuality that have arisen within Buddhist traditions. Then, using Linda Woodhead's (2007) model that theorises religion's positioning with respect to gender, we discuss gender norms that have developed for two of the largest Buddhist NRMs in the UK: the Triratna Buddhist Community (TBC, formerly the Friends of the Western Buddhist Order, FWBO) and the Nichiren group Sōka-Gakkai International-UK (SGI-UK). Through examining new empirical data, we explore how their gender norms are negotiated by members. We note that within these movements, women, queer people and people of colour are creating provisional spaces that challenge attempts to hegemonize hetero-patriarchal perspectives.     

Why won’t they participate? Barriers to participation in worksite health promotion programmes

Research suggests that worksite health promotion (WHP) programmes, and specifically health risk assessment (HRA) surveys and health education workshops, can be effective in enhancing employees’ health. However, 50–75% of employees choose not to participate when offered the opportunity to do so. The reasons for nonparticipation and the characteristics of nonparticipants have largely been overlooked. Building on premises of Conservation of Resources (COR) theory, we hypothesize that nonparticipation results from lack or loss of resources, or from the perceived low value of resources. These barriers to participation are expected to be related to employees’ characteristics and beliefs (termed implicit barriers) and reflected in employees’ self-reported reasons for nonparticipation (termed explicit barriers). We surveyed a large random sample of participants and nonparticipants in a WHP programme (n = 1926 employees), which included two steps: a HRA survey and a health education workshop. Participants completed an anonymous web-based questionnaire. Implicit and explicit barriers that reflect resource availability (e.g., age, health status) and valuation (e.g., low value of making a lifestyle change) were identified. The magnitude and nature of these barriers differed between the HRA survey and the workshop. We discuss how future research on WHP programmes can build on these findings and propose practical implications for reducing nonparticipation.     

Cognitive styles and person–environment fit: Investigating the consequences of cognitive (mis)fit

There is currently considerable interest in the key elements of person–environment fit to understand vocational behaviour and to develop strategic human resource management practices. In the light of this interest, we wanted to investigate (1) whether people within similar functions have similar cognitive styles, and (2) what the consequences of cognitive (mis)fit are on three work attitudes, using two large-scale databases (N = 24,267 and N = 2,182). We identified a knowing-oriented cognitive climate in finance, information technology (IT), and research and development (R&D) functions; a planning-oriented cognitive climate in administrative and technical and production functions; and a creating-oriented cognitive climate in sales and marketing functions and general management. Furthermore, we found that the relationship between people's cognitive styles and work attitudes (i.e., job satisfaction, job search behaviour, and intention to leave) does not depend on the cognitive climate in which they work. However, we did find that people with a higher creating style on average score higher on intention to leave and job search behaviour in comparison with people who score lower on the creating style, irrespective of the cognitive climate they are working in. The cognitive climate also partially affects job satisfaction and intention to leave after controlling for cognitive styles. In summary, cognitive styles and cognitive climate seem to have separate influences on people's work attitudes. Our findings are relevant for selection and recruitment policies of organizations and in the context of training, job design, and workforce planning.     

When bystanders become bothersome: The negative consequences of bystander conflict and the moderating role of resilience

Bystander conflict is a situation in which employees are hindered in their work by parties not involved in the primary process. Public service employees and emergency care workers, such as ambulance employees and firefighters, often encounter this kind of conflict with potentially far-reaching detrimental effects for public or patient safety. Unfortunately, until now, bystander conflict has hardly received scientific attention. In this paper, we will present the results of an experiment (Study 1) and a simulation study (Study 2). Taken together, the results indicate that bystander conflict is negatively related to the affective, behavioural, and cognitive outcomes of individuals. Higher levels of bystander conflict were associated with more negative and less positive feelings (Studies 1, 2), unfavourable bystander appraisals (Studies 1, 2), and lower levels of performance (Study 2). Additionally, Study 2 revealed that bystander conflict was negatively and indirectly related to positive affect and performance through cognitive capacity. We investigated the moderating role of resilience, in order to provide insight into potential factors alleviating these negative associations. In both studies, resilience alleviated the negative associations of bystander conflict. Overall, the results of the two studies provide a first step towards a theory on bystander conflict.     

Methodological practices in cognitive style research: Insights and recommendations from the field of business and psychology

This study provides insights and recommendations concerning methodological practices of cognitive style research applied to the field of business and psychology. Based on a carefully designed selection process, 139 style-related articles published between 1986 and 2010 were content-analysed. In terms of research design, we found the field to be dominated by quantitative, cross-sectional, and single-source designs that relied heavily on self-reports, sample surveys, and student samples. While this might indicate a potential vulnerability in terms of internal and external validity, a strong emphasis on construct validity was also found, exemplified by high attention to reliability, and exploratory and confirmatory factor analyses. With regard to construct measurement, although more than 30 different instruments were used, the field was dominated by three of these. Regarding data analysis, traditional approaches have been mainly used and more advanced and novel approaches have not yet permeated through the cognitive style field. Implications and suggestions for future research are offered. This is the first review of methodological practices in cognitive style research and represents an important step in the advancement of the field.