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A Portrait of College Success: Grit, Theories of Intelligence, and Cumulative Life Adversity
No full textThe character strength grit, defined as a trait in which people have sustained interest and perseverance for long-term goals, has been identified as a predictor of success and positive outcomes in a number of domains including academic achievement. While grit has been described as a characteristic of those who accomplish extraordinary achievement, this study sought to examine whether grit influences why some people succeed and persist in a more common yet important endeavor, getting through one’s first year of college. Using a sample of first-year college students at a private university in the Northeast, data was collected at two time-points; the beginning of first semester and the end of second semester. The longitudinal nature of this study allowed for an assessment of how grit may change over time. Furthermore, to gain a better understanding of how grit may influence achievement in the context of higher education, this study examined the relative importance of grit compared to other personality variables including conscientiousness. Additionally, this study also tried to provide a more comprehensive picture of academic success by exploring other variables that may influence grit including implicit theories of intelligence (ITI), life satisfaction, and the experience of past adverse events. Overall, this study sought to contribute to the burgeoning but mixed literature on how nonacademic factors affect student performance. Results supported the hypothesis that grit can provide independent predictive value for achievement over above other personality variables and measures of academic aptitude. This study also found a small association between grit and life satisfaction. A small association was found between grit and ITI, although contrary to prediction, the association between grit and college GPA was not mediated by ITI. This study was not able to establish a connection between grit and retention into the second year of college, nor whether the attainment of grit is predicted by previous life adversities
Choosing Your Ground on the Endangered Species Act: How Do the Ninth, Tenth, and District of Columbia Circuit Courts of Appeal Evaluate Water Management Decisions Made by Federal Water Agencies?
Get PDFThe purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and distances, with the ultimate goal of adding clarity to an often confusing battlefield.
This article first provides, in Part II, an overview of how the ESA applies to federal actions, and then discusses in Part III how the Ninth, Tenth, and District of Columbia Circuit Courts of Appeal analyze, under the ESA, the decisions made by the federal agencies. The discussion includes specific analytic tests the courts have developed. Finally, in Part IV, the article describes a hypothetical decision on a large river system with multiple dams operated by Reclamation and the Army Corps as a hypothetical case study to illustrate the Courts’ tests.
Different federal circuits utilize different tests to determine whether or not the decisions made under the ESA satisfy the statute and court precedent. The intent of this article is to illustrate the particular criteria some of the courts use in those tests, and thus to provide information for federal agencies and litigants to use in crafting their documents and, if necessary, their arguments
Preventing a Risk/Risk Trade-off: An Analysis of the Measures Necessary to Increase U.S. Pollinator Numbers
Get PDFThis Note will proceed in four parts. Part II will discuss the importance of pollinators and the possible reasons for their declining numbers. Part III will delve into the current and proposed actions to increase pollinator populations that are taking place in the United States. Part IV will then discuss the generally desired and widely accepted solution: a ban on neonicotinoids. This Part will introduce the implementation and results of a neonicotinoid ban in the European Union, and the risk/risk trade-off presented by a neonicotinoid ban. Finally, Part V will compile the solutions discussed in Parts III and IV, and present possible legal and administrative solutions that can be put in place to protect bees, modeled after the legal actions that have successfully increased monarch butterfly populations while avoiding the issues the European Union faced with its neonicotinoid ban. Part V will conclude that banning neonicotinoids is not the save-all solution to pollinator decline, and propose that focusing on a multiplicity of avenues—both legal and administrative—that tackle the many reasons why pollinator populations are in decline is more likely to increase pollinator numbers than focusing on one single facto
Expanding the Sports Broadcasting Act of 1961 to College Athletics
Get PDFThis Note will begin by exploring the history and evolution of antitrust law surrounding sport including the limited application of the Sports Broadcasting Act. An introduction of the Sports Broadcasting Act and a discussion of the portions of the act that are in need of more inclusive language will follow. This Note will then examine the current competitive imbalance in collegiate athletics and emphasize the Supreme Court’s recognition as to the importance of maintaining competitiveness in the NCAA. Finally, the expansion of Sports Broadcasting Act through explicit regulation to immunize the NCAA, as one league with a single unity of interest, will be articulated as the solution to the competitive imbalance in college sports and the sports industry
Gamblization: The Rise of Sports Gambling and the Need to Repeal PASPA
Get PDFThe National Gambling Impact Study Commission, in its final report to Congress, estimated American’s bet as much as $380 billion per year on sports, making it by far the largest form of illegal wagering, and that report was released in 1999. With the growth of the Internet and technology, there is no doubt that these staggering figures are far larger today. Based on the current structure, 99% of sports gambling continue to operate untaxed and unregulated in defiance of state and federal law. The time has come for the United States to repeal the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) and develop modern laws to regulate the sports gambling industry and cash in on the billions of dollars it generates in revenue
Sony, Cyber Security, and Free Speech: Preserving the First Amendment in the Modern World
Get PDFReprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication and conform storylines to societal standards. Such censorship cuts the First Amendment at its core and exemplifies the danger cyber terror poses to freedom of speech by compromising Americans’ privacy in digital mediums. This paper critiques the current methods for combatting cyber terror, which consist of unwieldy federal criminal laws and controversial information sharing policies, while proposing more promising solutions that unleash the competitive power of the free market with limited government regulation. It also recommends legal, affordable and user-friendly tools anyone can use to secure their technology, recapture their privacy and exercise their freedom of speech online without fear of surreptitious surveillance or retaliatory exposure
Hope vs. Fear: The Debate Over a State Constitutional Convention
Get PDFOn November 7, 2017, New Yorkers will go to their polling places and receive ballots containing a thirteen-word referendum question: “Shall there be a convention to revise the constitution and amend the same?” That question appears on the ballot because the New York State Constitution commands that at least once every twenty years voters are asked whether or not to call a constitutional convention. The mandatory referendum reflects Thomas Jefferson’s belief that every generation the people should be given a chance to revise their basic law
