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Putting Desert in Its Place
Get PDFarticle published in law reviewBased on an impressive array of studies, Paul Robinson and his coauthors have developed a new theory of criminal justice, which they call “empirical desert.” The theory asserts that, because people are more likely to be compliant with a legal regime that is perceived to be morally credible, a criminal justice system that tracks empirically derived lay views about how much punishment is deserved is the most efficient way of achieving utilitarian goals, or at least is as efficient at crime prevention as a system that focuses solely on deterrence and incapacitation. This Article describes seven original studies that test the most important hypotheses underlying empirical desert theory. The authors’ conclusions, which throw doubt on much of empirical desert theory, include the following: (1) while consensus on the ordinal ranking of traditional crimes is relatively strong, agreement about appropriate punishments — which arguably is the type of agreement empirical desert requires in order to work — is weak; (2) the relationship between people’s willingness to abide by the law and the law’s congruence with their beliefs about appropriate punishment is complex and not necessarily positive; further, any noncompliance that results from the law’s failure to reflect lay views about desert is probably no greater than the noncompliance triggered by a failure to follow lay views about the role utilitarian goals should play in fashioning criminal dispositions; (3) while the relative crime control benefits of a desert-based system and a prevention-based system are hard to evaluate (and are not directly examined here), people are willing to depart from desert in cases that do not involve the most serious crimes if they believe that preventive goals can be achieved in some other way. The Article ends by discussing the implications of these findings for criminal justice policy, especially with respect to determinate and indeterminate sentencing
Implementing the Third Mathematical Practice by using Argumentation
No full textTeaching and Learning Department Capstone ProjectThis paper examines the current research and theories that can help those teaching the third Mathematical Practice in the Common Core State Standards of Mathematics. Driven by a Constructivist approach to learning, the two existing design models of Problem-Based Learning and the Hypothetical Learning Trajectory could be helpful for teaching this Mathematical Practice. In addition, the idea of developing argumentation as a way to promote student learning becomes most suitable for this kind of lesson content.
However, this poses a challenge to teachers to consider multiple aspects of the classroom during teaching. When using the concepts of argumentation research, focusing on class norms could help teachers keep the classroom running smoothly.
Other research on the structure of argumentation provides valuable insight into how to evaluate argumentation as a learning product. This paper analyzes how Problem-Based Learning and the Hypothetical Learning Trajectory can help teachers design feasible lesson content for teaching this Mathematical Practice and the role of the teacher during instruction. It finally discusses ways to help students develop strong argumentation skills, and investigates ways to assess argumentation.Department of Teaching and LearningPeabody College of Education and Human Developmen
Mismatched Tool: Determining the Properties by which Infants Categorize a Tool as “Spoon”
No full textIn a study of infant tool use, Barrett, Davis, and Needham (2007) found that previous experience with spoons prevented infants from utilizing an unusual grasp of a teaspoon to complete a novel task. Infants were, however, able to complete this same task with a novel tool that shared many of the spoon’s characteristics. Building on this prior research, the present experiment found that infants between the ages of 13 and 18 months were less likely to solve the lightbox task with the tool featuring a metal bowl similar to the spoon. Infants on the older end of the spectrum were more likely to solve and have shorter latency times than their younger counterparts. Measures of initial grasp and initial attempt were also considered. Results suggest that a metal bowl is one feature of a tool that leads infants to identify the tool as a spoon.Vanderbilt UniversityPsychological SciencesThesis completed in partial fulfillment of the requirements of the Honors Program in Psychological Sciences under the direction of Dr. Amy Needham
Peer Victimization and Its Adverse Effects on Self-Schema in Children and Adolescents
No full textOur current study builds on Beck’s cognitive model of depression by testing whether peer victimization gives rise to depressive schemas in children and adolescents. Specifically, we created a model stating that chronic peer victimization affects the construction of self-cognitions and adds negative information to the content of self-schema, in turn predisposing for depression. Stemming from a larger 2-year, 3-wave longitudinal study, our experimental study yielded a sample of elementary and middle children who were either chronically peer victimized (n = 110) or those who were not (n = 105). Using self-reports and a self-referent encoding task, this study yielded four major findings: (1) all forms of chronic peer victimization were positively associated with students’ self-reported negative self-cognitions, (2) all forms of peer victimization were negatively related to students’ self-reported positive self-cognitions, (3) relational and verbal peer victimization were related to a decrease in or eradication of the positive memorial bias, and (4) the association between peer victimization and some indicators of depressive self-schemas was stronger for relational and verbal peer victimization than for physical peer victimization. Clinical implications and future research are also elaborated upon in this study.Vanderbilt UniversityPsychological SciencesThesis completed in partial fulfillment of the requirements of the Honors Program in Psychological Sciences. Dr. David Cole La
Creating the New South: Boosterism, Social Conflict, and Inclusivity at the Tennessee Centennial Exposition
No full textHistory Department Honors Thesis, 2013. Awarded Honors.Department of HistoryCollege of Arts and Scienc
Living the Mission: Knowing Your Students and Tracking Milestones Toward Student Success at Nashville State Community College
Get PDFLeadership Policy and Organizations Department Capstone ProjectDepartment of Leadership Policy and OrganizationsPeabody College of Education and Human Developmen
Sandra Barnes on How Black Megachurches Address HIV/AIDS and Poverty
No full textIn this podcast, Chris Benda, theological librarian at Vanderbilt Divinity Library, interviews Professor Sandra Barnes about her book Live Long and Prosper: How Black Megachurches Address HIV/AIDS and Poverty in the Age of Prosperity Theology
Vanderbilt Political Review; Spring 2013
No full textVanderbilt's first academic journal featuring essays pertaining to political, social, and economic events that are taking place around the world
Plain Packaging and the TRIPS Agreement: A response to Professors Davison, Mitchell and Voon
No full textarticle published in law journalThe issue of plain packaging is at the very core of the intersection between trade law, intellectual property and public health. Unlike the issue of export of generic pharmaceuticals, which was addressed in the World Trade Organization by the adoption of a specific Declaration and notification system, it seems that plain packaging will be addressed by the WTO Dispute-Settlement Body. A report prepared by the author in 2010 discussing the intellectual property aspects of plain packaging was critiqued by Professors Davison, Mitchell and Voon in several publications and submissions, including a recent book. In this article, the author responds to those critiques, reiterating the importance of the issue and analysing developments since 2010, including the adoption of the Australian plain packaging legislation
Federal Preemption and Clean Energy Floors
No full textarticle published in law reviewFederal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and agencies. Yet at the same time, recent decisions of both federal agencies and courts have attributed a preemptive effect to federal statutes that threatens to hobble innovation in renewable and clean energy policy by subnational regulators. One consequence of this approach is that most significant policies promoting clean and renewable energy are channeled toward subsidies from the federal fisc, rather than diverse policies undertaken independently by state governments or regional customers and suppliers.
This Article argues that, contrary to many agency and judicial decisions, the text, structure, history and purpose of key federal statutes does not require a singular approach to federalism in clean energy policy. Borrowing from environmental law, we plant a flag for a preemption approach that we call the “clean energy floor,” and show that this is consistent with the history and structure of federal energy legislation, including both New Deal and more modern statutes. As a normative matter, we also argue that reading of federal energy statutes to incorporate regulatory floors is a good idea, to the extent that it allows federal and state energy regulators an opportunity to work together to overcome problems of fragmentation, stagnation and stalemate -- and especially to address important issues related to climate change and new technologies such as renewable energy and fracking, even absent new congressional action or completely defined federal policy. Our approach to clean energy federalism also has some important implications for how courts should interpret other statutes in the regulatory contexts where federal and state authority are often perceived as substitutes for one another, such as health care