Further Validation of the Test of Memory Malingering (TOMM) Trial 1 Performance Validity Index: Examination of False Positives and Convergent Validity

Assessment of performance validity is an essential part of a neuropsychological evaluation, with the inclusion of two or more performance validity tests (PVTs) becoming routine practice. Considering the time to administer multiple tests, there has been some support for use of the Test of Memory Malingering (TOMM) Trial 1 (T1) as an independent, “one and done” PVT. Notably, cutoffs for TOMM T1 need further validation, with an emphasis on minimizing false-positive classifications among those with bona fide cognitive impairment. In a clinically referred sample of 127 veterans, this study examined the role of cognitive impairment in TOMM performance and the utility of a TOMM T1 as an independent PVT. Examinees were administered the TOMM and three additional PVTs as part of a comprehensive neuropsychological battery. Sixty-eight percent of examinees were classified valid (35% of valid examinees were cognitively impaired). TOMM T1?≤?40 had excellent observed sensitivity (83%) and specificity (93%) overall, with minimal false-positive classification. TOMM T1 was also significantly correlated and concordant with other memory-based PVTs. Given score ranges and failure rates for TOMM T1?≤?40 among those with neurological/neurocognitive conditions, scores in the 37–40 range may merit administration of additional TOMM trials to maximize accuracy in identifying valid-cognitively impaired versus noncredible performance. Otherwise, an abbreviated TOMM administration (i.e., only T1) using a cutoff of ≤?40—in conjunction with one or more additional PVTs—may be sufficient for detecting noncredible/invalid test performance in the absence of known or suspected neurological/neurocognitive disorders.     

Thirteenth-Century Origins of Punitive or Exemplary Damages: The Statute of Westminster I (1275) and Roman Law

This article highlights the importance of the Statute of Westminster I in the history of the concept of punitive or exemplary damages in the Anglo-American legal tradition. Maitland had long ago noted that its provisions allowing for double and triple reparation had similarities to duplum and triplum remedies in Roman law. But this tentative hypothesis has not been further explored by scholars. In this article I suggest that the antecedents for the provisions on multiple reparation in Westminster I may lie in the Roman law delicts of furtum or iniuria and their links to actions in duplum and triplum, based on conceptual similarities in the substantive nature of the wrongdoing. This article explores possible avenues for direct Roman law influence as well as indirect means of transmission, namely by non-Roman law sources of concepts analogous to Roman law.     

Participatory Versus Radical Democracy in the 21st Century: Carole Pateman,Jacques Rancière,and Sheldon Wolin

What is the relationship between participatory and radical democracy and why are they relevant? This paper answers these questions by bringing into conversation the participatory theory of Pateman and the radical theories of Rancière and Wolin to see what they can learn from each other. I argue that participatory democracy demonstrates the value of attending to questions of institutional transformation, due to the ability of greater participation to both empower citizens and legitimize democratic authority structures. Radical democracy, on the other hand, calls attention to the ways in which the conditions of democratic possibility have changed in the past half century, thus making the dream of institutionalizing a participatory democracy much more difficult to realize. In doing so, I demonstrate that participatory and radical theories of democracy have much to offer to one another and to broader ongoing debates within democratic theory.     

Thirty-seven degrees frigid: US-chilean relations and the spectre of polar arrivistes, 1950–59

After its 1948 proposal to internationalize Antarctica had been rejected, the United States accepted the Chilean Escudero Plan as a necessiry for avoiding further political disputes among the seven nations that had balked at the proposal's call to renounce their sovereign rights. US and Chilean officials proceeded to discuss revisions that might enhance the Escudero Plan's acceptabiliry to the other nations, all of which shared the goal of excluding the Soviet Union. Before there had been any substantial progress, the 1957–58 International Geophysical Year legitimated the USSRs presence in the far south, and already tense US-Chilean relations entered a phase of heightened apprehensiveness. This article explores the diplomatic and contextual nuances of this bilateral interaction that proved central in bringing the Antarctic Treary of 1959 to fruition.     

Subject matter of copyright protection in the UK: a road map to effectuating statutory reform

The statutory framework governing the protection afforded various copyright subject matter in the UK, despite the predictability afforded by its closed list, has come under intense criticism over the last decade or so, with many scholars citing the need for urgent reform. Indeed, given the adverse range of responses in this regard, the question arises as to whether the UK should move towards a system that more closely resembles that of other Commonwealth Countries, such as Canada and Trinidad and Tobago, where a non-exhaustive or open list of protected works is provided for.     

Sophisticated and myopic? Citizen preferences for Electoral College reform

Different institutions can produce more (or less) preferred outcomes, in terms of citizens’ preferences. Consequently, citizen preferences over institutions may “inherit”—to use William Riker’s term—the features of preferences over outcomes. But the level of information and understanding required for this effect to be observable seems quite high. In this paper, we investigate whether Riker’s intuition about citizens acting on institutional preferences is borne out by an original empirical dataset collected for this purpose. These data, a survey commissioned specifically for this project, were collected as part of a larger nationally representative sample conducted right before the 2004 election. The results show that support for a reform to split a state’s Electoral College votes proportionally is explained by (1) which candidate one supports, (2) which candidate one thinks is likely to win the election under the existing system of apportionment, (3) preferences for abolishing the Electoral College in favor of the popular vote winner, and (4) statistical interactions between these variables. In baldly political terms, Kerry voters tend to support splitting their state’s Electoral College votes if they felt George W. Bush was likely to win in that state. But Kerry voters who expect Kerry to win their state favor winner-take-all Electoral College rules for their state. In both cases, mutatis mutandis, the reverse is true for Bush voters.     

Comparing and Combining List and Endorsement Experiments: Evidence from Afghanistan

List and endorsement experiments are becoming increasingly popular among social scientists as indirect survey techniques for sensitive questions. When studying issues such as racial prejudice and support for militant groups, these survey methodologies may improve the validity of measurements by reducing nonresponse and social desirability biases. We develop a statistical test and multivariate regression models for comparing and combining the results from list and endorsement experiments. We demonstrate that when carefully designed and analyzed, the two survey experiments can produce substantively similar empirical findings. Such agreement is shown to be possible even when these experiments are applied to one of the most challenging research environments: contemporary Afghanistan. We find that both experiments uncover similar patterns of support for the International Security Assistance Force (ISAF) among Pashtun respondents. Our findings suggest that multiple measurement strategies can enhance the credibility of empirical conclusions. Open‐source software is available for implementing the proposed methods.     

Strategic Involuntary Teacher Transfers and Teacher Performance: Examining Equity and Efficiency

Despite claims that school districts need flexibility in teacher assignment to allocate teachers more equitably across schools and improve district performance, the power to involuntarily transfer teachers across schools remains hotly contested. Little research has examined involuntary teacher transfer policies or their effects on schools, teachers, or students. This article uses administrative data from Miami‐Dade County Public Schools to investigate the implementation and effects of the district's involuntary transfer policy, including which schools transferred and received teachers, which teachers were transferred, what kinds of teachers replaced them in their former schools, and how their performance—as measured by their work absences and value‐added in math and reading—compared before and after the transfer. We find that, under the policy, principals in the lowest performing schools identified relatively low‐performing teachers for transfer who, based on observable characteristics, would have been unlikely to leave on their own. Consistent with an equity improvement, we find that involuntarily transferred teachers were systematically moved to higher performing schools and generally were outperformed by the teachers who replaced them. Efficiency impacts are mixed; although transferred teachers had nearly two fewer absences per year in their new positions, transferred teachers continued to have low value‐added in their new schools.     

Position Taking on the President’s Agenda

Political Behavior - Several political scientists argue that electorally vulnerable legislators should be more likely to cast, rather than skip, legislative roll call votes. However, most empirical...     

Stable Isotope Ratios of Marijuana. I. Carbon and Nitrogen Stable Isotopes Describe Growth Conditions*

Abstract: There remains significant uncertainty in illicit marijuana cultivation. We analyzed the δ¹³C and δ¹⁵N of 508 domestic samples from known U.S.A. counties, 31 seized from a single location, 5 samples grown in Mexico and Colombia, and 10 northwest border seizures. For a subset, inflorescences and leaves were analyzed separately. These data revealed a strong correspondence, with inflorescences having slightly higher δ¹³C and δ¹⁵N values than leaves. A framework for interpreting these results is introduced and evaluated. Samples identified as outdoor‐grown by δ¹³C were generally recorded as such by the Drug Enforcement Administration (DEA). DEA‐classified indoor‐grown samples had the most negative δ¹³C values, consistent with indoor cultivation, although many were also in the outdoor‐grown domain. δ¹⁵N indicated a wide range of fertilizers across the dataset. Samples seized at the single location suggested multiple sources. Northwest border δ¹³C values suggested indoor growth, whereas for the Mexican and Colombian samples they indicated outdoor growth.