Defendant-juror similarity and mock joror judgments

It was hypothesized that joror-defendant similarity would lead to greater leniency toward a criminal defendant when the evidence against that defendant was weak or inconclusive; but when evidence was strong, it was expected that this relationship would be reversed. In Study 1, religious similarity was found to be simply and positively related to evaluation of the defendant and leniency, a relationship unaffected by the strength of evidence. This pattern of results was attributed to (a) insufficiently strong evidence against the defendant and (b) the lack of anticipated jury deliberation, problems addressed in Study 2. In that study, when evidence was strong against the defendant, juror-defendant racial similarity did increase the likelihood of conviction, but only when jurors anticipated being in the racial minority in their jury. Implications of the findings for psychological theory and for voir dire were discussed.The authors wish to thank Howard Klein and Jane Stanfel for their assistance in data collection and analysis in Experiment 2, and the Editor and two anonymous reviewers for their suggestions on an earlier draft.     

Mental disabilities under the ADA: a management rights approach

While numerous sources have focused on employee rights and employer obligations under the Americans with Disabilities Act, this article will emphasize employer rights with respect to mental disabilities under the ADA. Specifically, it addresses the ADA's definition of "mental disability," the right of employers to screen job applicants in spite of the ADA, the conditions under which an employer may require an employee to undergo a "fitness for duty" examination, and the limits of the duty to "reasonably accommodate" an employee with a mental disability.     

Issues raised by respiratory therapy arrangements

In large part due to the foregoing issues, Medicare program officials have focused on respiratory therapy as an area with great potential for abuse, and may well introduce significant reforms in the near future. Accordingly, any contractual arrangements for respiratory therapy programs of the type discussed above should be carefully reviewed for compliance with Medicare requirements and for a realistic assessment of the parties' potential exposure to liability under the anti-kickback statute. At a minimum, these agreements should provide for short "without cause" termination provisions, or include a so-called "jeopardy" provision that permits the parties to renegotiate or terminate their contract if significant changes occur in, or if the current arrangement is found or threatened to be found to violate, applicable law.     

The Microbial Rosetta Stone database: A common structure for microbial biosecurity threat agents

Infectious microorganisms are important to multiple communities engaged in biodefense and biosecurity, including the agencies responsible for health, defense, law enforcement, agriculture, and drug and food safety. Many agencies have created lists of high priority infectious microorganisms to prioritize research efforts or to formally control the possession and distribution of specific organisms or toxins. However, the biological classification of infectious microorganisms is often complex and ambiguous, leading to uncertainty and confusion for scientists involved in biosecurity work. To address this problem, we created a database, known as the Microbial Rosetta Stone, which resolves many of these ambiguities and includes links to additional information on the microbes, such as gene sequence data and scientific literature. Here we discuss the efforts to coordinate organism names from pathogen lists from various governmental agencies according to biological relatedness and show the overlap of high-priority organisms from multiple agencies. To our knowledge, this is the first comprehensive coordination of pathogens, synonyms, and correct taxonomic names. The organized tables and visual aids are freely available at http://www.microbialrosettastone.com. This website provides a single location where access to information on a broad range of disease-causing organisms and toxins is available to members of the biosecurity community.     

“What Are You Going to Do with the Village's Knowledge?” Talking Tradition,Talking Law in Hopi Tribal Court

Though the details of face-to-face talk and interaction have been studied in Anglo American and British courtrooms, few attempts have been made to extend similar analyses to the study of contemporary indigenous and (post)colonial legal institutions that continue to employ legal processes informed by both Anglo-style adversarial notions of law and "local" notions of law, culture, and tradition. Using methods of legal discourse analysis and language ideology studies, this article investigates how interlocutors in a hearing before the courts of the Hopi Indian Nation construct discourses of tradition and Anglo American jurisprudence in multiple and competing ways, and for significant sociopolitical effect. An argument is thus made for attending to the microdetails of sociolegal interactions as an important site for exploring the complex articulations between the contemporary lives of indigenous peoples and the laws with which they are imbricated.