What's Gender Got to Do with It? Incivility in the Federal Courts

The current study examines experiences of interpersonal mistreatment in federal litigation among a random sample of 4,608 practicing attorneys. Using both quantitative and qualitative survey data, we documented the nature and interplay of general incivility, gender-related incivility, and unwanted sexual attention. Nearly 75% of female attorneys had experienced some form of this misconduct in the previous five years, compared to half of male attorneys. An in-depth examination of instigators revealed that not only fellow attorneys but also federal judges, court personnel, marshals, and court security officers instigated the inappropriate behavior. We further found that most attorneys responded to this mistreatment with avoidance and denial; few used or trusted existing reporting mechanisms. The current study surpassed simple prevalence estimates to document effects of interpersonal mistreatment on the professional well-being of targeted attorneys. We discuss implications of these results, drawing on theories of social dominance, sex-role spillover, cognitive stress, organizations, and intervention.     

Just the Fax: Federal Express meets the information age-Lessons learned in technology transfer

On July 2, 1984, the first ZapMail message was sent from Federal Express chairman Frederick W. Smith to six members of FedEx's corporate board of directors in separate cities across the country (Zemke 1986). It worked. However, by late September 1986, after suffering over $300 million in operating losses, Federal Express decided it didn't (Keller and Wilson 1986). Why? This postmortem of ZapMail draws on management and innovation theory and research, as well as historical accounts of communication technology development and market conditions from 1984 through 1986, to analyze the failure of FedEx's once-promising electronic delivery service. An analysis of the fax market in 1995 and FedEx's subsequent successful adoption of information technologies conclude this paper.     

Understanding the Judicial Role in Addressing Gender Bias: A View from the Eighth Circuit Federal Court System

The role of trial judges in the litigation process is frequently debated. Are judges to be dispassionate adjudicators, disengaged referees in a sport in which attorneys compete? Or are they charged with a more active role in promoting the substance, form, and process of justice? In the present paper, we explore the judicial role in addressing gender bias in federal litigation, using data gathered for the Eighth Circuit Gender Fairness Task Force. The federal judges of this circuit were surveyed about their experiences, observations, and opinions of gender-biased conduct. Results indicated that although judges viewed judicial intervention as an appropriate response to gender bias, they had little personal experience with intervention in such a situation. Fur thermore, when specific hypothetical scenarios were presented, they generally agreed that the described conduct was inappropriate but offered little consensus regarding the best course of action for an attorney or judge confronted with such behavior. The Eighth Circuit data thus provide the basis for expanded understanding of the conduct at issue, the options for action in response, and the persistent discrepancy in viewpoints on gender bias and the judicial role.     

Adult children of alcoholics: An exploration of Axis II disorders and replicated dysfunctional family patterns

This study examined Axis II personality disorders and replicated dysfunctional family patterns in adult children of alcoholics (ACAs). Parental and spousal confirming and disconfirming communication patterns, and replicated physical, sexual, and emotional abuses were explored. Sixty ACAs were assessed using structured clinical interviews and self-report measures. Sixty-five percent met DSM-IIIR criteria for one or more Axis II disorders. Failure to feel confirmed (valued) by one's alcoholic parent was significantly associated with ACA Axis II disorders and alcohol abuse. Significant relationships between physical and sexual abuses and Axis II pathology were found. Replication of childhood abuse and dysfunctional communication was also noted.     

Factors Affecting Recognition of Senior Citizens in a Silver Alert

The current study investigated the recognition of faces of senior citizens in the context of a Silver Alert. Literature on face recognition and eyewitness identification has consistently found recognition failure due to factors such as Own-Age Bias, the Other-Race Effect, and Own-Gender Bias. Participants viewed a video of people in a naturalistic setting, a park. The target, an elderly woman, wore either typical clothing or atypical clothing (nightgown), was not present or was not present but replaced with a different senior. We measured accuracy, confidence, reaction time, and Prediction-of-Knowing in relation to type of clothing worn by the target as well as age, race, and gender of participants. We hypothesized that recognition of the target senior would be low but would be higher when the woman appeared in a nightgown (matching the stereotype of an individual with dementia) as compared to typical clothing. We did not find age, race, and gender effects on target recognition. We offer possible explanations for both significant and non-significant results as they apply to the unique population of missing elderly adults.     

Confronting Government After Welfare Reform: Moralists, Reformers, and Narratives of (Ir)responsibility at Administrative Fair Hearings

Almost 40 years ago, the Supreme Court, in the landmark case Goldberg v. Kelly (1970) , provided welfare participants with a potentially potent tool for challenging the government welfare bureaucracy by requiring pre-termination hearings before welfare benefits were discontinued or reduced. In 1996, with the passage of the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) , the rights talk of Kelly was officially replaced with the discourse of individual responsibility. Using observational data of administrative hearings and interviews with administrative law judges and appellants, this study explores how fair hearings have been affected by this official reconceptualization of rights. I find that hearings are not a panacea for challenging the more punitive aspects of welfare reform, but nor are they devoid of the possibility of justice. While hearings can replicate in style and substance the inequities, rigid adherence to rules, and moral judgments that characterize welfare relationships under the PRWORA, they can also be used as a mechanism for creating counternarratives to the dominant discourse about welfare. This study identifies two types of judges—moralist judges and reformer judges—and examines how their differing approaches determine which narrative emerges in the hearing room.