Lawyers in many jurisdictions are ageing, and yet there is little information concerning the age profile of the legal profession. This paper presents the first consideration of the age profile of lawyers outside of the US, showing that Australian lawyers are ageing and delaying retirement. These findings have serious implications. Problems associated with a growing proportion of older lawyers include an increasing risk of lawyers suffering from age-related cognitive and physical impairment, and the related rise of complaints and malpractice claims (...) against older lawyers. It is also clear that the Australian legal profession is unprepared to address these problems. The legal profession has ignored important gender-specific implications of ageing, such as female lawyers experiencing menopause and the lower savings of female lawyers moving into retirement. Regulatory regimes have not considered the impact of the profession's ageing profile, and there is no mandatory reporting of lawyers suffering from age-related impairment or provisions should a lawyer die. The profession also has not provided strategies to positively transition lawyers into retirement, and there is a lack of flexible working arrangements and succession planning, especially in firms located outside urban centres. (shrink)

In this essay, we present three case studies which suggest that sometimes we are better off supporting a so–called irrational suicide, and that emotional or psychological distress – even if medically controllable – might justify a suicide. We underscore how complicated these decisions are and how murky a physician's moral role can be. We advocate a more individualized route to end–of–life care, eschewing well–meaning, principled, generalizations in favor of a highly contextualized, patient–centered, approach. We conclude that our Western traditions of (...) promoting reasoned behavior and life themselves may at times be counter–productive. (shrink)

Originally published between 1925 and 1997 the volumes in this set: Discuss the Impacts of Profitability, Business Cycles and the Capital Stock on Productivity; Evaluate various approaches to managing the uncertainty inherent in the future course of the interest rate cycle; Examine the combined effect of financial instability and industrial restructuring on postwar economic growth and recession in the US; Determine what statistical and other information is needed to formulate both the objects and the means of government economic policy; Ask (...) what theoretical tools should be used in order to clarify the issues of economic policy; Examine the sociological aspects of the business cycle. (shrink)

Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense of justice, Walker (...) presents a unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs. (shrink)

Although widely studied in other domains, relatively little is known about the metacognitive processes that monitor and control behaviour during reasoning and decision-making. In this paper, we examined the conditions under which two fluency cues are used to monitor initial reasoning: answer fluency, or the speed with which the initial, intuitive answer is produced, and perceptual fluency, or the ease with which problems can be read. The first two experiments demonstrated that answer fluency reliably predicted Feeling of Rightness judgments to (...) conditional inferences and base rate problems, which subsequently predicted the amount of deliberate processing as measured by thinking time and answer changes; answer fluency also predicted retrospective confidence judgments. Moreover, the effect of answer fluency on reasoning was independent from the effect of perceptual fluency, establishing that these are empirically independent constructs. In five experiments with a variety of reasoning problems similar to those of Alter et al., we found no effect of perceptual fluency on FOR, retrospective confidence or accuracy; however, we did observe that participants spent more time thinking about hard to read stimuli, although this additional time did not result in answer changes. In our final two experiments, we found that perceptual disfluency increased accuracy on the CRT, but only amongst participants of high cognitive ability. As Alter et al.’s samples were gathered from prestigious universities, collectively, the data to this point suggest that perceptual fluency prompts additional processing in general, but this processing may results in higher accuracy only for the most cognitively able. (shrink)

One hundred and three participants solved conflict and non-conflict versions of four reasoning tasks using a two-response procedure: a base rate task, a causal reasoning task, a denominator neglect task, and a categorical syllogisms task. Participants were asked to give their first, intuitive answer, to make a Feeling of Rightness judgment, and then were given as much time as needed to rethink their answer. They also completed a standardized measure of IQ and the actively open-minded thinking questionnaire. The FORs of (...) both high- and low-capacity reasoners were responsive to conflict, such that FORs were lower for conflict relative to non-conflict problems. Consistent with the quantity hypothesis, high-capacity reasoners made a greater distinction between conflict and non-conflict items on measures of Type 2 thinking, namely, rethinking time and probability of changing answers. In contrast to the quality hypothesis, however, this rethinking time did not advantage the ability of the high-capacity group to produce normative answers, except for the base rate task. Indeed, we observed that the correlation between capacity and the probability of normative answers emerged at the initial response, rather than after rethinking. (shrink)

Journal of Political Philosophy, EarlyView.

'Gaining control' tells the story of how human behavioral capacities evolved from those of other animal species. Exploring what is known about the psychological capacities of other groups of animals, the authors reconstruct a fascinating history of our own mental evolution. The result is a provocative and insightful book.

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 44, no. 3. © 2018 by Feminist Studies, Inc. 699 Jennifer C. Nash The Political Life of Black Motherhood In 1976, Adrienne Rich wrote, “We know more about the air we breathe, the seas we travel, than about the nature and meaning of motherhood.”1 In the four decades since the publication of Rich’s now-canonical Of Woman Born, Andrea O’Reilly has argued for the advent of “maternal theory” (...) as an academic discipline, the maternal memoir has become a highly popular (and profitable) literary genre, and there has been sustained attention to maternal activism with scholarly analyses of such organizations as Mothers Against Drunk Driving and Mothers of the Movement.2 If Mamie Till Bradley boldly “let the world see” her son’s mutilated body in a 1955 public plea to make visible black suffering and antiblack violence, Valerie Castile’s statement after a jury found a police officer not guilty in the death of her son continued in the tradition of 1. Adrienne Rich, Of Woman Born: Motherhood as Experience and Institution (New York: W. W. Norton, 1995), 11. 2. See Andrea O’Reilly, ed., Maternal Theory: A Reader (New York: Demeter Press, 2007); Ann Hulbert, “The Real Myth of Motherhood,” Slate, March 8, 2005; Jennifer C. Nash and Samantha Pinto, “Strange Intimacies: Reading Black Mothering Memoirs,” Public Culture (forthcoming); Danielle Poe, Maternal Activism: Mothers Confronting Injustice (Albany: SUNY Press, 2016); and Ruth Feldstein, Motherhood in Black and White: Race and Sex in American Liberalism, 1930–1965 (Ithaca, NY: Cornell University Press, 2000). 700 Jennifer C. Nash Books Discussed in This Essay Revolutionary Mothering: Love on the Front Lines. Edited by Alexis Pauline Gumbs, China Martens, and Mai’a Williams. Oakland, CA: PM Press, 2016. Laboring Positions: Black Women, Mothering and the Academy. Edited by Sekile Nzinga-Johnson. Bradford, ON: Demeter Press, 2013. How All Politics Became Reproductive Politics: From Welfare Reform to Foreclosure to Trump. By Laura Briggs. Oakland: University of California Press, 2017. Birthing Justice: Black Women, Pregnancy, and Childbirth. Edited by Julia Oparah and Alicia Bonaparte. New York: Routledge, 2016. making black (male) pain visible through grief-stricken black motherhood. Castile said, My son loved this state. He had one tattoo on his body and it was of the twin cities, the state of Minnesota with “TC” on it. My son loved this city, and this city killed my son and the murderer gets away.... We’re not evolving as a civilization, we’re devolving, we have taken steps forward, people have died for us to have these rights and now we’re devolving, we’re going back to 1969.3 Her emotional plea reveals the political currency of black maternal suffering, one of the few spaces in which black pain is readily culturally visible. Indeed, there has been intensified scholarly and popular interest in representing black motherhood as both a site constituted by grief and expected loss and as a political position made visible (only) because of its proximity to death. It is certainly the case that a cultural inattention to motherhood has been replaced by an intense investment in representing at least some aspects of “the nature and meaning of motherhood” and 3. “Philando Castile’s Mother Reacts to Verdict,” Washington Post video on YouTube, posted on June 16, 2017, https://www.youtube.com/watch?v=RJsD4cCpUA. Jennifer C. Nash 701 in representing certain mothers—particularly black mothers—as symbols of trauma and injury, of pain that can be mobilized for “legitimate” political ends and social change. If, as O’Reilly suggests, maternal theory is now a distinct field, it has been fundamentally shaped by the intellectual and political labor of black feminists—Dorothy Roberts, bell hooks, Alice Walker, Patricia Hill Collins, Hortense Spillers, and Audre Lorde—who have captured the myriad ways that black maternity is cast as pathological, excessive, and marked by aberrant performances of gender and heterosexuality that threaten both the nuclear family and the heterosexual state. Drawing on a varied archive from the Moynihan Report to cultural panics about “kids having kids,” from ongoing representations of black women’s “failure” to breastfeed as a public health crisis to the racialized underpinnings of birth control, black feminist theory... (shrink)

Phase 1 healthy volunteer clinical trials—which financially compensate subjects in tests of drug toxicity levels and side effects—appear to place pressure on each joint of the moral framework justifying research. In this article, we review concerns about phase 1 trials as they have been framed in the bioethics literature, including undue inducement and coercion, unjust exploitation, and worries about compromised data validity. We then revisit these concerns in light of the lived experiences of serial participants who are income-dependent on phase (...) 1 trials. We show how participant experiences shift attention from discrete exchanges, behaviors, and events in the research enterprise to the ongoing and dynamic patterns of serial participation in which individual decision-making is embedded in collective social and economic conditions and shaped by institutional policies. We argue in particular for the ethical significance of structurally diminished voluntariness, routine powerlessness in setting the terms of exchange, and incentive structures that may promote pharmaceutical interests but encourage phase 1 healthy volunteers to skirt important rules. (shrink)

Mark Walker argues for Skeptical-Dogmatism-the view that we should disbelieve our cherished philosophical views, such as beliefs about what makes for a good life, religious beliefs, and political beliefs. To not disbelieve one's preferred views in these contested matters is hubristic.

We tested the hypothesis that choices determined by Type 1 processes are compelling because they are fluent, and for this reason they are less subject to analytic thinking than other answers. A total of 104 participants completed a modified version of Wason's selection task wherein they made decisions about one card at a time using a two-response paradigm. In this paradigm participants gave a fast, intuitive response, rated their feeling of rightness for that response, and were then allowed free time (...) to reconsider their answers. As we predicted, answers consistent with a matching heuristic were made more quickly than other answers, were given higher FOR ratings, and received less subsequent analysis as measured by rethinking time and the probability of changing answers. These data suggest that reasoning biases may be compelling because they are fluently generated; this is turn creates a strong FOR, which acts as a signal that further analysis is not necessary. (shrink)

In this paper I argue that the debate between subjective and objective theories of prudential value obscures the way in which elements of both are needed for a comprehensive theory of prudential value. I suggest that we characterize these two types of theory in terms of their different aims: procedural (or subjective) theories give an account of the necessary conditions for something to count as good for a person, while substantive (or objective) theories give an account of what is good (...) for a person, given some set of necessary conditions. Characterizing the theories in this way allows us to see their mutual compatibility. To make this case, I assume that a theory of prudential value ought to be descriptively and normatively adequate. The criterion of descriptive adequacy requires that our theory explain the subject relativity of prudential value. I characterize subject relativity in terms of justifiability to subjects and I argue that certain procedural theories are well suited to meet this criterion. The criterion of normative adequacy requires that our theory be capable of guiding action and I argue that a certain kind of substantive theory is needed to meet this requirement. (shrink)

In this exciting new study, Eugene Gogol interweaves three strands that form the intellectual bedrock for the concept of the Other in the Latin American context: Hegel's dialectic of negativity, Marx's humanism, and autochthonal emancipatory thought. From this foundation, the book explores the relation of liberatory philosophic thought to today's social and class movements. Gogol considers the logic of capitalism on Latin American soil, the ecological crisis in Latin America, and the concept and practice of self-liberation. Still one of the (...) most contested terrains of Latin American thought, the Other has been of central concern for many luminary thinkers including Leopoldo Zea, Octavio Paz, and José Carlos Mariátegui. While these writers may not garner much publicity in the world press, the highly public and ongoing struggles of the Zapatistas and Brazil's Landless Workers Movement demonstrate the continuing need to theorize the volatile nature of Latin American social reality. (shrink)

Sovereignty in premodern times evoked the dynastic figure of the 'sovereign' or territorial monarch. In modern times, it became a more abstract idea, referring to the power of the state, later of the people or 'the popular sovereign' as articulated and refined through constitutional arrangements. Today these inherited understandings of sovereignty confront various new challenges, including those of globalization, privatization of power, and the rise of sub-state nationalism. An examination of key historical writers and trends from the seventeenth century onwards, (...) including Hobbes, Bodin, Constant, Rousseau and Schmitt, brings out these developments and challenges. Sovereignty remains a malleable and 'active' feature of the global configuration of power. Will sovereignty become a redundant concept over time, or will it remain a key part of the grammar of modern politics? (shrink)

I contend that while at least one of the arguments advanced by Bernard Williams in his paper ‘Deciding To Believe’ does establish that beliefs, or more precisely, judgements cannot be decided upon ‘at will’, the notion of truth‐aimedness presupposed by that argument also, ironically, provides the key to understanding why judgements are necessarily voluntary.

The ability to represent same-different relations is an important condition for abstract thought. However, there is mixed evidence for when this ability develops, both ontogenetically and phylogenetically. Apparent success in relational reasoning may be evidence for genuine conceptual understanding or may be the result of low-level, perceptual strategies. We introduce a method to discriminate these possibilities by pitting two conditions that are perceptually matched but conceptually different: in a "fused" condition, same and different objects are joined, creating single objects that (...) have the same perceptual features as the two object pairs in the "relational" condition. However, the "fused" objects do not provide evidence for the relation 'same.' Using this method with human toddlers in a causal relational reasoning task provides evidence for genuine conceptual understanding. This novel technique offers a simple manipulation that may be applied to a variety of existing match-to-sample procedures used to assess same-different reasoning to include in future research with non-human animals across species, as well as human infants. (shrink)

The article presents a portrait and analysis of the existential-psychocultural situation in postmodern Sweden. Drawing from recent research exploring psychology of religion and existential worldviews, and the Swedish findings from the international World Values Survey, an argument is made for thinking about existential function and dysfunction as public health issues. This is portrayed against the background of Sweden as one of the most secularized countries and simultaneously a country with one of the most encompassing welfare systems. Psychology of religion's updated (...) role here would be to take responsibility for identifying and assessing the categories of function and dysfunction for an existential public health system. This role would also include the planning of policy for societal existential wellbeing, as well as planning prevention and intervention efforts for avoiding existential epidemiology. This new role fits well with public health's third revolution agenda focusing on health, wellbeing and quality of life. (shrink)

Background Ethical and scientific principles require that clinical trials address an important question and have the resources needed to complete the study. However, there are no clear standards for review that would ensure that these principles are upheld.Methods We conducted semi-structured interviews with a convenience sample of nineteen experts in clinical trial design, conduct, and/or oversight to elucidate current practice and identify areas of need with respect to ensuring the scientific value and feasibility of clinical trials prior to initiation and (...) while ongoing. We used a priori and grounded theory to analyze the data and constant comparative method to induce higher order themes.Results Interviewees perceived determination of scientific value as the responsibility of the investigator and, secondarily, other parties who review or oversee research. Interviewees reported that ongoing trials are rarely reevaluated due to emerging evidence from external sources, evaluation is complex, and there would be value in the development of standards for monitoring and evaluating evidence systematically. Investigators, IRBs, and/or data monitoring committees (DMCs) could undertake these responsibilities. Feasibility assessments are performed but are typically inadequate; potential solutions are unclear.Conclusions There are three domains where current approaches are suboptimal and in which further guidance is needed. First, who has the responsibility for conducting scientific review, whether it be the investigator, IRB, and/or DMC is often unclear. Second, the standards for scientific review (e.g., appropriate search terms, data sources, and analytic plan) should be defined. Third, guidance is needed on the evaluation of ongoing studies in light of potentially new and evolving evidence, with particular reference to evidence from outside the trial itself. (shrink)

Spells out the power and renewed relevance of Kant's thinking: a genuinely objective, absolute basis for a modern moral law.

I examine what happens in the brain when patients experience chronic pain and when subjects are addicted to alcohol. We can find important parallels between these two cases, and these parallels can perhaps point us toward new ways of treating (or at least understanding) both issues. Interestingly, we can understand both cases as our pleasure system gone awry. In brief, I argue that chronic pain and alcohol addiction both stem from a dysregulation in our brain’s reward structure. This dysregulation in (...) what should be our pleasure circuitry pushes individuals to behave in ways counterproductive to their needs and to feel unpleasant things. In other words, there is likely both something quite right and perhaps quite wrong about how some philosophers are thinking about pain as an evaluative state. I shall be arguing that pain is both hedonic and evaluative, though perhaps not in the ways they are imagining. (shrink)

What is required to be an interdisciplinary theory in cognitive science is for it to span more than one traditional domain. Generally speaking, as I discuss ...

Background: Discussion of the influence of money on bioethics research seems particularly salient in the context of research on the ethical, legal, and social implications (ELSI) of human genomics, as this research may be financially supported by the ELSI Research Program. Empirical evidence regarding the funding of ELSI research and where such research is disseminated, in relation to the specific topics of the research and methods used, can help to further discussions regarding the appropriate influence of specific institutions and institutional (...) contexts on ELSI and other bioethics research agendas. Methods: We reviewed 642 ELSI publications (appearing between 2003 and 2008) for reported sources of funding, forum for dissemination, empirical and nonempirical methods, and topics of investigation. Results: Most ELSI research is independent of direct grant-based funding sources; 66% reported no such sources of funding. The National Human Genome Research Institute (NHGRI) is the most dominant source of funding; 16% of publications acknowledged at least one source of NHGRI grant funding. Funding is acknowledged more frequently in empirical than nonempirical publications and more frequently in publications in public health journals than in any other ELSI research dissemination forums. Dominant research topics vary by publication forum and by reported funding. Conclusions: ELSI research is surprisingly independent of direct grant-based funding, yet correlations are apparent between this type of funding and publication placement, topics addressed, and methods used, implying a not insignificant influence on ELSI research agenda setting. However, given the relatively low percentage of publications acknowledging external grant-based funding, as well as other significant correlations between publication placement and topics addressed, additional institutional contexts, perhaps related to professional advancement or valuation, may shape research agendas in ways that potentially exceed the direct influences of grant-based funding in this area. In some cases, grant-based funding may actually counter other potentially problematic institutional influences. (shrink)

It has been more than 20 years since the U.S. Supreme Court's landmark decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. on the admissibility of scientific expert witness testimony in legal proceedings. It is time, perhaps, to look back at the history of Daubert decisions to determine whether it and its progeny have lived up to their collective promises to keep bad science out of the courtroom, while allowing in good, especially where the mind and brain sciences are concerned.In this (...) essay, I argue that, although the decision in Daubert describes a general test for the admissibility of scientific evidence, it has not been applied consistently to data and conclusions drawn from the behavioral sciences.... (shrink)

Non-communicable diseases are no longer largely limited to high-income countries and the elderly. The burden of non-communicable diseases is rising across all country income categories, in part because these diseases have been relatively overlooked on the global health agenda. Historically, communicable diseases have been prioritized in many countries as they were perceived to constitute the greatest disease burden, especially among vulnerable and poor populations, and strategies for prevention and treatment, which had been successful in high-income settings, were considered feasible and (...) often affordable in low-income settings. This prioritization has reduced the communicable diseases burden globally but has left non-communicable diseases largely neglected. A new approach is urgently needed to tackle non-communicable diseases. Based on an analysis of potential features which may have underlain the different approaches to non-communicable diseases and communicable diseases until now, including acuity of disease, potential for control or cure, cost, infectiousness, blaming of individuals and logistical barriers, little ethical or rational justification can be found to support continued neglect of non-communicable diseases. Justice demands access to quality and affordable care for all. An equitable approach to non-communicable diseases is therefore strongly mandated on medical, ethical, economic, and public health grounds. Funding must not however be diverted away from communicable diseases, which continue to require attention—but concomitantly, funding for non-communicable diseases must be increased. International and multi-sectoral action is required to accelerate progress towards true universal health coverage and towards achievement of all of the sustainable development goals, such that prevention and access to care for non-communicable disease can become a global reality. (shrink)

This essay addresses the question: What is the probative value of including neuroscience data in court cases where the defendant might have had a traumatic brain injury? That is, this essay attempts to articulate how well we can connect scientific data and clinical test results to the demands of the Daubert standard in the United States’ court system, and, given the fact that neuroimaging is already being used in our courts, what, if anything, we should do about this fact. Ultimately, (...) I am not sure that there are completely satisfactory answers to this query at this particular time in our legal history. I briefly rehearse the recent use of brain research in our legal system, summarize how neuroscience data regarding TBI and its relation to poor behavioral outcomes are currently used in the courtroom, review challenges with using these data, and highlight fundamental tensions between how the legal system views the causes of behavior and how medicine, neuroscience, and psychology do. Until these tensions are resolved, it is unclear the place neuroscience data should have in courts. (shrink)

Critical management education typically assumes that management courses that emphasize critical reflection—that is, courses that critique problematic systems and structures, and ask students to dialogue about and actively reflect upon these critiques—will foster student transformation. In contrast, critical theory typically suggests that transformation requires praxis, that is, critical reflection plus practical action where students enact their new knowledge in their everyday lives. We empirically test these assumptions by measuring student transformation in management classes that emphasize critical reflection and in other (...) classes that emphasize praxis. We find no significant differences in three measures of student transformation in classes where only critical reflection is emphasized, but significant differences in all three measures when praxis is emphasized. In a content analysis of student praxis assignments, we find further evidence of the link between praxis and student transformation. Specifically, the majority of students value praxis, describe changes in their self-understanding/consciousness thanks to assignments that emphasize praxis, and plan to continue new behaviors that address concerns raised by critiques of problematic systems and structures. Finally, we find that the greater a student’s self-described effect of praxis, the greater that student’s transformation. Taken together, the results suggest that the practical application dimension of praxis is a key “missing ingredient” in the teaching of business ethics as students move from critically reflecting on ethical issues, to actually becoming transformed by their knowledge. (shrink)

Sciences able to identify appropriate analytical units for their domain, their natural kinds, have tended to be more progressive. In the biological sciences, evolutionary natural kinds are adaptations that can be identified by their common history of selection for some function. Human brains are the product of an evolutionary history of selection for component systems which produced behaviours that gave adaptive advantage to their hosts. These structures, behaviour production systems, are the natural kinds that psychology seeks. We argue these can (...) be identified deductively by classing behaviour first according to its level of behavioural control. Early animals in our lineage used only reactive production, Vertebrates evolved motivation, and later Primates developed executive control. Behaviour can also be classified by the type of evolutionary benefit it bestows: it can deliver either immediate benefits (food, gametes), improvements in the individual’s position with respect to the world (resource access, social status), or improvements in the ability to secure future benefits (knowledge, skill). Combining history and function implies the existence of seven types of behaviour production systems in human brains responsible for reflexive, instinctual, exploratory, driven, emotional, playful and planned behaviour. Discovering scientifically valid categories of behaviour can provide a fundamental taxonomy and common language for understanding, predicting and changing behaviour, and a way of discovering the organs in the brain––its natural kinds––that are responsible for behaviour. (shrink)

In Sisyphus's Boulder, Eric Dietrich and Valerie Hardcastle argue that we will never get such a theory because consciousness has an essential property that..

In a recent study of astrophysical “fine-tunings” (or “coincidences”), Robert Klee critically assesses the support that such astrophysical evidence might be thought to lend to the design argument (i.e., the argument that our universe has been designed by some deity). Klee argues that a proper assessment indicates that the universe is not as “fine-tuned” as advertised by proponents of the design arguments. We argue (i) that Klee’s assessment of the data is, to a certain extent, problematic; and (ii) even if (...) Klee’s assessment of the data is correct, it provides a necessary but not a sufficient response to the design argument. However, an adequate skeptical rejoinder to the design argument can be made by appealing to the anthropic principle. (shrink)

In Saks v. Franklin Covey Co., the Court of Appeals for the Second Circuit held that the American with Disabilities Act, Title VII of Civil Rights Act of 1964, the Pregnancy Discrimination Act, and New York state law do not proscribe an employer's self-insured employee health plan from excluding surgical impregnation procedures from its coverage. Although the court found that infertility qualifies as a disability under the ADA, it restricted required coverage of certain infedty treatments.Title I of the ADA prohibits (...) an employer from discriminating on the basis of disability “in regard to … fringe benefits available by virtue of employment, whether or not administered by the covered entity.” The ADA defines “disability” as “a physical or mental impairment that substantially limits one or more major life activities.” In Bragdon v. Abbott, the U.S. Supreme Court found that reproduction was a major life activity under the ADA. (shrink)

China’s extensive media presence in Africa aims to distinguish itself through the use of constructive journalism in contrast with the perceived dominance of conflict journalism by Western media outlets. However, many scholars have raised questions of consistency surrounding Chinese media’s use of constructive journalism in representing Africa (e.g. Marsh, Citation2016). With perspectives from Galtung’s (Citation1987, p. 1998) conflict and peace journalism, this research applies Critical Discourse Analysis to examine Chinese media’s representation of Africa to an international audience. Using linguistic data (...) from China Radio International’s Today, it challenges the distinctions among peace journalism, solutions journalism and constructive journalism. The findings show that China’s claim of constructive journalism strongly favors the coverage of China, yet is largely absent in the coverage of the African continent. It suggests that while Chinese state-sponsored media utilizes the so-called constructive journalism when presenting information about a specific region to that region, these representations are not consistent across their international coverage. Hence, Africa remains a victim of conflict journalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Math Anxiety:Making Room to BreatheValerie Allen (bio) and Todd Stambaugh (bio)"Don't do that to me, Professor," the student said, and everybody laughed, for by this late in the semester, the atmosphere was relaxed. The instructor in question had just reached the point in a worked problem when they could move from reasoning about specific numbers to stating a general principle: x≤y≤z, meaning that y—the value we sought—was always going (...) to be greater than or equal to one value (x) and less than or equal to the other (z). The student who had spoken had earned everyone's affection over the weeks, open about their difficulties with math, ready to risk being wrong, and to ask obvious questions that others may have been reluctant to owning. They had hung in there, despite presenting a classic case of math anxiety, a syndrome long recognized in the scholarship of teaching and learning.Among math anxiety's many symptoms, breathing disruption ranks high: hyperventilation (rapid breathing) and hypoventilation (barely or not breathing). When the energy-conserving parasympathetic nervous system is overtaken by the energy-expending sympathetic nervous system, the long exhalations that decelerate the heart rate are replaced by short, panting puffs from the upper lungs. The timed test provides the perfect environment for math anxiety to flourish. Stress diverts cognitive resources needed for procedural execution, so working memory consequently shrinks.Self-rated metrics for math anxiety have been in place for decades (Richardson and Suinn). Relatively trivial interventions can yield nontrivial results: deep breathing exercises and positive affirmations have a beneficial impact, as does writing about one's nerves immediately prior to an exam (Brunyé et al.). More systemic changes require a reorientation in teaching whereby conceptual mistakes are positively rewarded as opportunities for learning; students compose questions instead of answers; students solve problems together rather than perform solo (Boaler).Return now to that opening scenario to watch it become stereotype incarnate: the student was mature, Black, and female; the teacher, younger, white, and male; her comment was triggered by his shift from a specific [End Page 217] set of numbers into symbolic notation. There is robust evidence to demonstrate that certain demographics are consistently underrepresented in the U.S. math community: women and "African-Americans, Hispanics, American Indians, Alaska Natives, and Pacific Islanders," according to the Mathematical Association of America (MAA) ("Resources for Minority"). Routinely feeling that they do not belong, such groups are particularly vulnerable to math anxiety.Several remedies for such disparity suggest themselves: appointing more women and people of color in the profession; one-on-one tutorial assistance; research projects about the students' personal environment; privileging pre-test, low-stakes work over timed tests; assigning group rather than individual work. When all is said and done, however, such strategies "have little to do with mathematics content" (Martin 304). Mathematicians still need to be able to conceptualize, describe, and manipulate abstract objects, and there seems to be a suspicion that, at heart, abstraction is gendered masculine and colored white.It is possible that the rhetorical immediacy and context-dependence of Black English has misguidedly reinforced such a perception. For poet June Jordan, Black English "devolves from a culture that abhors all abstraction" (Jordan 367). Psychiatrist Alvin Poussaint asks, "Is there a way to say metamorphosis in Ebonics?" (O'Malley). Yet, despite Black English's avoidance of nominalization and similar verbosities that afflict academic prose, abstract logical reasoning flourishes in vernacular idiom, as linguist William Labov demonstrated half a century ago. Our aim is not to explain the asymptote in Black English but rather to consider a feature characteristic of those very minority cultures historically underrepresented in math—storytelling—and to ask how it may be foregrounded in mathematics, where it is decisively sidelined. Storytelling has been claimed by every culture and ethnic group at some point as the repository of wisdom, practical skills, religious beliefs, and shared identity and values; but when it gets corralled into the category of "fiction," and when it gets opposed to "fact," a narrowed concept of truth dispatches storytelling to kindergarten and recreational math. Word problems may supply scenarios but offer none of a plot's satisfactions... (shrink)