103 research outputs found
Did the Results of Promotion Exams Have a Disparate Impact on Minorities?: Using Statistical Evidence in Ricci v. DeStefano
The paper shows how to use data from the \u27reverse discrimination\u27 case Ricci v. DeStefano. --author-supplied descriptio
\u3ci\u3eRicci v. DeStefano\u3c/i\u3e: The New Haven Firefighters Case and the Triumph of White Privilege
Ricci v. DeStefano is the most important recent Supreme Court pronouncement on one of the landmark enactments of the 1960s, Title VII of the Civil Rights Act of 1964. The decision, authored by Justice Anthony Kennedy, held that the white firefighters who topped the civil service list by virtue of their test scores were entitled to promotion, notwithstanding the disparate impact the test had on African-American candidates. The case has the potential to significantly curtail impact litigation under the statute, and certainly will discourage employers from monitoring their selection devices to remove “artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification.” Griggs v. Duke Power Co., 401 U.S. 424 (1971). This article documents the decision’s dramatic break with past precedent and assesses its procedural irregularities. Professor Brodin, who has written extensively about Title VII over the years, places Ricci in the context of the debate today, in both legal and political circles, about race, affirmative action, and “reverse discrimination.” The author traces the unique history of discrimination in firefighting, and the adverse effect the decision will have on progress towards equal opportunity in the Nation’s firehouses. Finally, he explores our society’s obsession with testing and its stubborn equation of merit with exam success, regardless of whether the exam actually predicts job performance. The piece ends with a discussion of alternative means of personnel selection designed to produce a more productive workforce, without the adverse racial or gender impact of traditional tests
Recommended from our members
Advocacy in the Court of Public Opinion, Installment One: Broadening the Role of Corporate Attorneys
Today legal controversies are tried in the "court" of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to compartmentalize legal activities from public relations (PR) activities. To date, however, there has been little systematic evidence gathered on the role corporate lawyers are playing in the court of public opinion for their clients' legal controversies and little sustained examination of the implications of these trends. In the first installment, the author focuses on how the court of public opinion can shape legal controversies and how general counsels actually manage legal PR for their corporate clients. In the second installment, the author highlights some examples of wrongdoing by corporate attorneys. Given that the court of public opinion is an extra-legal decision-maker, an alternate forum for administering justice, the author contends that corporate lawyers should behave socially responsibly when advocating there and promote socially responsible behavior on the part of their corporate clients
Recommended from our members
The Structured Nature of Working Memory: A Framework for Understanding Contextual Dependencies in Working Memory
Working memory maintains information over the short-term. Items in working memory are not represented in isolation – memory representations are structured by multiple contextual factors, including relational properties between items held in memory (e.g., similarity between items), recent history (e.g., sequential dependencies), task constraints (e.g., directed attention), and prior knowledge about a stimulus space (e.g., categories). These contextual factors influence the fidelity of memory for individual items, causing changes in the precision of memory representations and creating systematic biases. Chapter 1 investigates how the presence of visual objects that group items together changes how items interact in visual working memory and finds that object-based attention mediates memory resource allocation, with items within an object trading-off memory resources more than items on different objects. Chapter 2 uses serial reproduction – where the response on one trial is used as the target on another trial – to reveal complex patterns of interaction between systematic memory biases that arise from prior knowledge, immediate context, and recent history. Further analyses reveal individual differences in these biases and their interactions. Simulations from a signal-detection based memory model demonstrate that perceptual similarity structure can explain patterns of systematic biases better than linguistic color categories and has the potential to account for interactions between different sources of bias. Chapter 3 presents a unifying theory that provides a framework for understanding memory errors. This framework posits that models of concept generalization, in combination with noisy decisions, can be used to understand memory across many levels of abstraction. This framework has explanatory power for phenomena in visual working memory, makes novel predictions about the behavior of visual working memory under different task constraints, and is able to explain memory for more abstract stimuli (in particular, symbolic numbers). Overall, this work provides a broader understanding of memory that extends beyond individual item representations and highlights the importance of conceptualizing simultaneous influences on item memories from many different sources of contextual information
Recommended from our members
Hierarchical Models of Individuals Engaged in Statistical Learning
Our ability to learn statistically regular patterns present in our environment is central to many cognitive processes. Thereare many competing theories about what kind of mechanisms could explain this ability. While different theories makeslightly different predictions about the kinds of patterns that can be learned, they often make very different predictionsabout the process of learning. One way to constrain the set of possible theories is to measure the shape of learning curvesas people learn new patterns. To do this, we gathered response time data as people learned new patterns. We fit probabilisticmodels to individual-level data using a hierarchical Bayesian nonlinear regression. Our results suggest the learning curvesat the level of individual items tend to have strong inflection points, which is inconsistent with cognitive models that arebased purely on associative and error-driven learning
An evaluation of an orientation to college course in a community college setting
Community colleges are especially in need of programs to improve student persistence. Orientation to college courses have been linked to increased persistence in four-year and two-year colleges. An orientation course in a community college was evaluated for its impact on student persistence and for its effect on student attitudes and behaviors. In a quasi-experimental design, Treatment and Control groups of full-time, first-time, degree-seeking students were selected from three fall semesters. Treatment groups consisted of students who had successfully completed the orientation course. Control group students were matched to treatment group students by age, gender, ethnicity, writing placement, and high school percentile rank. Treatment group students reenrolled in subsequent spring semesters at significantly higher rates than control groups students. Findings for reenrollment fall to subsequent fall were inconclusive. No differences between treatment and control groups were found for semester grade point averages or completion ratios of number of credit hours earned to number attempted. A content analysis of final projects revealed treatment group students reporting improved goal setting ability, increased self-assessment of academic and general life skills, and enhanced self-esteem.Made available in DSpace on 2011-05-07T12:33:56Z (GMT). No. of bitstreams: 2
license.txt: 4922 bytes, checksum: 910b249b4beec47e7ab768910c8f966f (MD5)
9702710.pdf: 4822238 bytes, checksum: 146738fef19e3a23ae12dc950ba69255 (MD5)
Previous issue date: 1996Item marked as restricted to the 'UIUC Users [automated]' Group (id=2) by Howard Ding ([email protected]) on 2011-05-07T14:42:41Z
Item is restricted indefinitely.Restriction data tranferred 2014-07-01T11:18:35-05:00
Original Data
Group with Access UIUC Users [automated]
Release Date: none
Reason: ETDs are only available to UIUC Users without author permissionETDs are only available to UIUC Users without author permissionU of I Onl
The implementation of state-level policies designed to enhance the transition of individuals with disabilities from school to adult life
The purpose of this study was to explain processes and strategies utilized by states to implement transition policies designed to facilitate coordination of the state-level service delivery systems of special education, vocational education, and vocational rehabilitation. The analysis framework used in this study was developed by Elmore (1985, 1987) and refined by McDonnell and Elmore (1987). The policy problem presented by the transition initiative provides an ideal opportunity to not only explain the implementation instruments used across state-level agencies focusing on a single issue but also test the use of McDonnell and Elmore's (1987) typology as a viable research framework.To complete this study, available policy documents were solicited from three states that received federal State Systems for Transition Services for Youth with Disabilities grants in 1991. Thematic content analysis of the policy documents obtained from the sample states was then conducted. Additionally, interviews with individuals managing the State Systems for Transition Services for Youth with Disabilities grants and other key stakeholders from the systems of special education, vocational education, and vocational rehabilitation were conducted using a snowball informant technique.Six conclusions have been identified including: (a) system change appears to occur incrementally: (b) states use varying definitions of policy instruments; (c) states rely on past practice when implementing transition policies; (d) there is evidence of structural resistance within states to implement system change policies: (e) states implement symbolic policy instruments; and (f) capacity building appears linked to system change.Five recommendations are made to assist policymakers, administrators, and program developers in implementing policy instruments to integrate the systems of special education, vocational education, and vocational rehabilitation. Recommendations include: (a) implement specific interagency policies; (b) link system change to capacity building actions; (c) conduct cross-discipline training; (d) provide state-level technical assistance; and (e) extend evaluation beyond student outcome data.Made available in DSpace on 2011-05-07T12:50:51Z (GMT). No. of bitstreams: 2
license.txt: 4922 bytes, checksum: 910b249b4beec47e7ab768910c8f966f (MD5)
9543767.pdf: 8325614 bytes, checksum: d2d9b588cd2e73d9962329c39b58e88a (MD5)
Previous issue date: 1995Item marked as restricted to the 'UIUC Users [automated]' Group (id=2) by Howard Ding ([email protected]) on 2011-05-07T14:46:39Z
Item is restricted indefinitely.Restriction data tranferred 2014-07-01T11:20:56-05:00
Original Data
Group with Access UIUC Users [automated]
Release Date: none
Reason: ETDs are only available to UIUC Users without author permissionETDs are only available to UIUC Users without author permissionU of I Onl
Three factors that influence working class families with school-age and teenage children to work off-schedule shifts: Independence, power, and prestige
A qualitative case study research approach was used to examine the nature of family and work relationships in off-schedule shift work families with school-age and teenage children living at home. This research was conducted for the purpose of answering three questions: (a) What factors influence parents to choose to work off-schedule shifts and to relate to the family in the ways that they do? (b) What factors enable the family to meet its family and work commitments? and (c) What ways of relating to family and work are being modeled within the family? By means of establishing trusting relationships with two off-schedule shift work families over an extended period of time, an in-depth portrayal of the manner in which family members relate with one another and those at work in the course of day-to-day living was revealed.This examination of the nature of work and family relationships differed in both its focus and methodology from past research studies. First, this study had as its sole focus, the off-schedule shift work family with school-age or teenage children living at home. Second, data were gathered from all family members through in-depth individual and family interviews, participant observation, and family documents. Third, more than 100 interactions with each family were conducted over a time span of 8 consecutive months. And fourth, a thick description of each family member's current thoughts, feelings, and actions within the context of their past and future work and family relationships was presented.Findings revealed that independence, power, and prestige influenced parents to choose to relate to work and family in the ways that they do. Resources within the community and workplace in conjunction with family members' willingness to trust enabled the family to meet its commitments to work and family. Parents in off-schedule shift work families modeled a lifestyle of hard work, productivity, perfection, and self-reliance. Based upon these findings, implications for future research and for the community, the workplace, and the family as they interrelate were suggested.Made available in DSpace on 2011-05-07T14:04:57Z (GMT). No. of bitstreams: 2
license.txt: 4922 bytes, checksum: 910b249b4beec47e7ab768910c8f966f (MD5)
9702535.pdf: 15035081 bytes, checksum: 0d5fb1abf7783cf7fe3d6335f4d04b8b (MD5)
Previous issue date: 1996Item marked as restricted to the 'UIUC Users [automated]' Group (id=2) by Howard Ding ([email protected]) on 2011-05-07T15:02:43Z
Item is restricted indefinitely.Restriction data tranferred 2014-07-01T11:29:50-05:00
Original Data
Group with Access UIUC Users [automated]
Release Date: none
Reason: ETDs are only available to UIUC Users without author permissionETDs are only available to UIUC Users without author permissionU of I Onl
Application of an instrument for evaluating child sexual abuse prevention programs
"The CSAPP (Child Sexual Abuse Prevention Program) evaluation instrument was applied to 12 child sexual abuse prevention programs currently on the market. This instrument incorporates the following criteria: (a) the appropriateness of the program format for the developmental level of the target audience; (b) the appropriateness of the child sexual abuse prevention concepts and definitions in the program for the target audience; (c) the appropriateness of the child sexual abuse prevention skills taught in the program for the target audience; (d) the appropriateness of the assessment measures used by the program; (e) the appropriateness of the program for the cultural background and gender of the target audience; (f) the extent of teacher and staff training provided; (g) the extent of parental and community involvement; (h) the extent of evaluation the program has undergone; and (i) the cost of the program. Results indicated that a majority of the programs incorporated a video. Also, almost all of the programs included some discussion activities. All of the programs taught concepts, however, only one program used the correct terminology for body parts. It was common for programs to teach children skills such as say ""no"" and tell, but it was uncommon for programs to teach skills through role-playing. It was also common to find programs incorporating more than one assessment measure. As a group, activity or comic books were more explicit in depicting the criterion of cultural background and gender. Finally, the area of evaluation still needs to be stressed. In conclusion, these results support the need for less new program development and more program revision, possibly by combining the best components from exemplar programs."Made available in DSpace on 2011-05-07T13:24:12Z (GMT). No. of bitstreams: 2
license.txt: 4922 bytes, checksum: 910b249b4beec47e7ab768910c8f966f (MD5)
9712297.pdf: 5331664 bytes, checksum: d1c23bb61dfee644e3f18d67118288d4 (MD5)
Previous issue date: 1996Item marked as restricted to the 'UIUC Users [automated]' Group (id=2) by Howard Ding ([email protected]) on 2011-05-07T14:54:18Z
Item is restricted indefinitely.Restriction data tranferred 2014-07-01T11:25:13-05:00
Original Data
Group with Access UIUC Users [automated]
Release Date: none
Reason: ETDs are only available to UIUC Users without author permissionETDs are only available to UIUC Users without author permissionU of I Onl
Recommended from our members
Advocacy in the Court of Public Opinion Part I: Broadening the Role of Corporate Attorneys
Today legal controversies are tried in the "court" of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to compartmentalize legal activities from public relations activities. Accordingly, they have viewed media considerations as separate from those involved in providing legal advice and corporate counsels' typical media strategy often has consisted of no more than "no comment." Given today's saturated media culture, this is no longer a viable strategy. Indeed, there are indications that some corporate lawyers are adapting to the new media environment and attempting to help their clients manage the public relations impact of legal controversies. To date, however, there has been little systematic evidence gathered on the role corporate lawyers are playing in the court of public opinion for their clients' legal controversies and little sustained examination of the implications of these trends.
The purpose of this project is to analyze: (1) how the court of public opinion affects legal controversies of large publicly traded corporations that have high demand for legal services; (2) how the intersection of public relations and law is managed by general counsels of these corporations, and (3) what ought to be lawyers' ethical obligations, if any, in this extra-judicial court. To investigate these questions, the author sent a questionnaire to all general counsels of the S&P 500 and conducted fifty-seven interviews with general counsels of S&P 500 corporations, law firm partners, and public relations consultants. The preliminary findings from this study will appear in two installments to be published in forthcoming issues of the Georgetown Journal of Legal Ethics. In the first installment, the author focuses on how the court of public opinion can shape legal controversies and how corporate attorneys actually manage legal PR for their corporate clients. The author argues that the "court" of public opinion is a real part of our justice system and that managing "legal public relations" is a legitimate and fundamental component of corporate legal services. She contends that the role corporate attorneys play in managing legal PR for corporate clients is at odds with the conventional view and that it is time to broaden our view of the corporate attorneys' role in this venue.
In the second installment, the author highlights some examples of wrongdoing by corporate attorneys. She contends that there is little oversight of lawyers' typical management of legal PR "behind the scenes." Because professional guidelines focus on lawyers' extrajudicial statements regarding matters that are adjudicated in a court of law, they put the spotlight in the wrong place and on the wrong subjects and are not relevant to corporate practice as it relates to public relations. Moreover, they risk a race to the bottom - where lawyers' ability to spin is valued over their ability to provide effective legal advice that accounts for PR concerns and the corporation's long term interests. Given that the court of public opinion is an extra-legal decision-maker, an alternate forum for administering justice, the author contends that corporate lawyers should behave socially responsibly when advocating there and promote socially responsible behavior on the part of their corporate clients. Ultimately, the author recommends different education methods and disciplinary rules to raise awareness of the importance of managing legal PR for corporate clients and to provide better guidance to lawyers as to how to advocate ethically within the court of public opinio
- …
