The Deserving Worker: Decisions about Workplace Accommodation by Judges and Laypeople

Employment civil rights laws require employers to make reasonable accommodations for certain workers so that they can perform their jobs. The “reasonableness” of an accommodation request should be based largely on the cost of the accommodation relative to the company's resources, but how do people really evaluate such requests? This study examines determinations of the reasonableness of workplace accommodation requests made by trial judges and ordinary people. Using a 2 × 3 × 3 between‐subjects factorial design, we test the effect of worker identity (nursing‐mother worker, transgender worker, and Muslim worker) and cost on determinations of reasonableness. We find that (1) the identity category of the requesting worker impacts determinations of reasonableness by both judges and laypeople, (2) the cost of the accommodation impacts determinations of reasonableness, (3) judges are more likely to think that accommodation requests are reasonable than are laypeople, (4) there is a complicated relationship between accommodation cost and employee identity, and (5) the cost of the requested accommodation mitigates the effect of identity significantly for judges but less so for ordinary citizens. While judges are less influenced by the identity category of the employee‐requestor than are their lay‐counterparts, social status plays a role in determining what constitutes “reasonable accommodation.”     

Professionalizing Arts Management in Healthcare Facilities

An urgent need exists for trained specialists to manage organizational policies and practices involving arts programs and activities in healthcare facilities. This article introduces the field of arts in health and argues for what is currently needed within the academic and professional field of arts management to advance this emerging arena of arts management theory and practice. The authors integrate key references from existing scholarship alongside additional survey data to offer recommendations for developing professional management of the arts in healthcare facilities like hospitals, hospices, and long-term care centers. The article provides an overview of the responsibilities of arts managers in healthcare institutions, as well as insight into the knowledge, competencies, and skills that arts managers require to effectively work in these settings. The article concludes with articulating a conceptual framework for a long-term research trajectory to inform further advancement of this distinct sub-field of arts management.     

Has Legal Realism Damaged the Legitimacy of the U.S. Supreme Court?

Does understanding how U.S. Supreme Court justices actually decide cases undermine the institutional legitimacy of the nation's highest court? To the extent that ordinary people recognize that the justices are deciding legal disputes on the basis of their own ideological biases and preferences (legal realism and the attitudinal model), the belief that the justices merely “apply” the law (mechanical jurisprudence and the myth of legality) is difficult to sustain. Although it is easy to see how the legitimacy of the Supreme Court, the most unaccountable of all American political institutions, is nurtured by the view that judicial decisionmaking is discretionless and mechanical, the sources of institutional legitimacy under legal realism are less obvious. Here, we demonstrate, using a nationally representative sample, that the American people understand judicial decisionmaking in realistic terms, that they extend legitimacy to the Supreme Court, and they do so under the belief that judges exercise their discretion in a principled and sincere fashion. Belief in mechanical jurisprudence is therefore not a necessary underpinning of judicial legitimacy; belief in legal realism is not incompatible with legitimacy.     

Thoughtfully Reflective Decision Making and the Accumulation of Capital: Bringing Choice Back In

In this paper we relate a particular type of decision making, thoughtfully reflective decision making (TRDM) in adolescence, to successful and unsuccessful life outcomes in young adulthood. Those who are thoughtfully reflective in their decision making are more likely to consider possible alternative routes to goal attainment, weigh the costs and benefits of those alternatives, and critically revisit the decision once made to examine what went well and what went wrong. We also argue that what mediates the effect of TRDM on later life outcomes is the accumulation of capital. Those who use better decision making practices are more likely to recognize the resources provided by and make the necessary investments to accumulate human, social and cultural capital. These notions are theoretically linked to conceptions of criminal offenders as both rational planners and decision makers and as fully human agents. Using data from the Add Health data set, our hypotheses are largely confirmed. Those who are higher in TRDM as adolescents were more likely to have enrolled in or graduated from college, to be in better physical health, are more involved in civic and community affairs, less likely to commit criminal acts, use illegal drugs and be involved in heavy drinking as adults. TRDM is also positively related to the accumulation of human, social and cultural capital. Finally, a substantial part of the effect of TRDM on young adult outcomes was mediated by capital accumulation. The implications of these findings for future theory and research are discussed.     

The association between impulsivity, trait anger, and the perpetration of intimate partner and general violence among women arrested for domestic violence

The problem of domestic violence is widespread, with research indicating men and women both perpetrate a substantial amount of aggression. However, aggression perpetrated by women is a relatively understudied area compared to aggression perpetrated by men. Additionally, research is needed to determine the correlates of aggression perpetration among women, as this can inform more effective treatment programs. Thus, the current study sought to examine the association between trait anger and impulsivity and the perpetration of physical and psychological intimate partner violence (IPV) and general aggression among women arrested for domestic violence (N = 80). Findings indicated that both trait anger and impulsivity were significantly associated with aggression perpetration and trait anger mediated the relationship between impulsivity and aggression perpetration. Directions for future research and violence intervention programs are discussed.     

Employment among Social Security disability program beneficiaries, 1996-2007

We use linked administrative data from program and earnings records to summarize the 2007 employment rates of Social Security disability program beneficiaries at the national and state levels, as well as changes in employment since 1996. The findings provide new information on the employment activities of beneficiaries that should be useful in assessing current agency policies and providing benchmarks for ongoing demonstration projects and future return-to-work initiatives. The overall employment rate--which we define as annual earnings over $1,000--was 12 percent in 2007. Substantial variation exists within the population. Disability Insurance beneficiaries and those younger than age 40 were much more likely to work relative to other Social Security beneficiaries. Additionally, substantial regional variation exists across states; employment rates ranged from 7 percent (West Virginia) to 23 percent (North Dakota). Moreover, we find that the employment rates among beneficiaries were sensitive to the business cycle and persistent over time.     

The predictive value of history and scene investigation for toxicology results in a medical examiner population

Medical examiner offices vary in the extent to which they pursue postmortem toxicology. Our office routinely tests decedents for ethanol and drugs of abuse, and we decided to evaluate the usefulness of our practice. We reviewed 1180 medical examiner cases examined in 2002-2003. History and scene investigation indicated that alcohol or drugs of abuse were likely to be detected in 369 cases, yet toxicology testing revealed an intoxicating substance in 589 cases, a prevalence of 50%. Screening for toxicology testing based on investigative findings had a sensitivity of 0.47, a specificity of 0.84, and a positive predictive value of 0.74. Moreover, even in the 811 cases where initial investigation did not suggest substance abuse, toxicology testing revealed at least 1 substance that was pertinent to the subsequent investigation in one third of the cases (260), and the intoxicating substance was sufficiently important to merit inclusion as a cause of death or contributing factor in nearly half of those cases (113). We conclude that investigation alone is ineffective at predicting the presence of intoxicating substances within decedents.     

Measuring the intercondylar shelf angle using radiographs: intra- and inter-observer error tests of reliability

This study presents a test of intra- and inter-observer measurement error rates of the intercondylar shelf angle of the distal femur, as measured on lateral radiographs. This measurement is the central element of a method to determine racial affiliation from the distal femur. Four observers independently radiographed a set of 33 complete and partial femora from collections housed at the Joint POW/MIA Accounting Command, Central Identification Laboratory. Each observer then measured the intercondylar shelf angles in each radiograph, following the original method's guidelines. A supplementary inter-observer error test was conducted by four additional observers on one set of radiographs. Statistically significant differences were found for both intra- and inter-observer error based on the results of Student's t-tests, paired samples t-tests, and ANOVA analyses. The results of this study indicate that further experimentation should be undertaken in order to develop refined measurement techniques that may help improve standardization and reduce the observer error rates.     

Methyl 3-[3',4'-(methylenedioxy)phenyl]-2-methyl glycidate: an ecstasy precursor seized in Sydney, Australia

Five 44 gallon drums labeled as glycidyl methacrylate were seized by the Australian Customs Service and the Australian Federal Police at Port Botany, Sydney, Australia, in December 2004. Each drum contained a white, semisolid substance that was initially suspected to be 3,4-methylenedioxymethylamphetamine (MDMA). Gas chromatography-mass spectroscopy (GC/MS) analysis demonstrated that the material was neither glycidyl methacrylate nor MDMA. Because intelligence sources employed by federal agents indicated that this material was in some way connected to MDMA production, suspicion fell on the various MDMA precursor chemicals. Using a number of techniques including proton nuclear magnetic resonance spectroscopy ((1)H NMR), carbon nuclear magnetic resonance spectroscopy ((13)C NMR), GC/MS, infrared spectroscopy, and total synthesis, the unknown substance was eventually identified as methyl 3-[3',4'(methylenedioxy)phenyl]-2-methyl glycidate. The substance was also subjected to a published hydrolysis and decarboxylation procedure and gave a high yield of the MDMA precursor chemical, 3,4-methylenedioxyphenyl-2-propanone, thereby establishing this material as a "precursor to a precursor."