Journals

Susceptibility of Current Adaptive Behavior Measures to Feigned Deficits

Abstract  The current study examined the susceptibility of the Adaptive Behavior Assessment System—2nd edition (ABAS-II; Harrison &
Oakland, 2003) and the Scales of Independent Behavior—Revised (S1B-R; Bruininks, Woodcock, Weatherman, & Hill, 1996) to the feigning of adaptive functioning deficits. Using four different instruction sets, the authors evaluated whether the
provision of diagnostic information (a form of coaching) improved participants’ ability to simulate adaptive deficits commensurate
with a diagnosis of mental retardation. The authors found that the ABAS-II was quite vulnerable to believable manipulation
by raters, while the SIB-R was not. In fact, exaggeration on the SIB-R was easily detected regardless of the information provided.
Implications regarding the use of these measures in Atkins mental retardation evaluations are discussed.

  • Content Type Journal Article
  • Category Original Article
  • DOI 10.1007/s10979-008-9157-5
  • Authors
    • Bridget M. Doane, The University of Alabama Department of Psychology Box 870348 Tuscaloosa AL 35401 USA
    • Karen L. Salekin, The University of Alabama Department of Psychology Box 870348 Tuscaloosa AL 35401 USA

Correlates of Joining a Sexual Harassment Class Action

Abstract  Researchers have proposed a variety of factors that influence the decision to seek legal relief in response to sexual harassment,
but have generally failed to test these proposals empirically. The present study aims to address this gap by investigating
the decision to join a class-action lawsuit. Participants were female professionals at a nationally based financial services
firm, who either participated in or opted out of a sexual harassment class-action proceeding against the company. Five variables
emerged as significant correlates of joining the class: organizational climate, turnover, financial dependence, PTSD, and
primary appraisal. Dominance analysis identified contextual factors as the most important correlate. Theoretical and practical
implications for the role of these factors in joining a class action are discussed.

  • Content Type Journal Article
  • Category Original Article
  • DOI 10.1007/s10979-008-9156-6
  • Authors
    • Caroline Vaile Wright, Summa-Kent State Center for the Treatment and Study of Traumatic Stress 444 North Main St., Ambulatory Bldg, 4th Floor Akron OH 44319 USA
    • Louise F. Fitzgerald, University of Illinois at Urbana-Champaign Urbana IL USA


The Use of the MacCAT-CA with Adolescents: An Item Response Theory Investigation of Age-Related Measurement Bias

Abstract  Despite the application of the MacCAT-CA to juveniles, questions been raised regarding the appropriateness of this tool for
adolescents. The current study tested for age-related measurement bias using data from the MacArthur Juvenile Adjudicative
Competence Study (n = 1393). Five of the MacCAT-CA items showed age-related measurement bias (i.e., DIF) for adolescents aged 11–15, and three
items showed DIF for adolescents aged 16–17. Several items (e.g., understanding of juries) were more difficult for adolescents
than adults matched at the same latent level of capacity, suggesting that these items might underestimate adolescents’ legal
capacities. Contrary to expectations, there was little evidence of age-related measurement bias on the Appreciation scale.
The use of the MacCAT-CA in research and clinical settings is discussed.

  • Content Type Journal Article
  • Category Original Article
  • DOI 10.1007/s10979-008-9154-8
  • Authors
    • Jodi L. Viljoen, Simon Fraser University Vancouver Canada
    • Kathleen L. Slaney, Simon Fraser University Vancouver Canada
    • Thomas Grisso, University of Massachusetts Medical School Worcester MA 01655 USA

Investigating Investigators: How Presentation Order Influences Participant–Investigators’ Interpretations of Eyewitness Identification and Alibi Evidence

Abstract  Presentation order of ID and Alibi evidence was manipulated for undergraduate participants who conducted a simulated police
investigation. Experiment 1 found a recency effect when an eyewitness rejected the investigator’s suspect. Experiment 2 also
examined order effects, exploring how participant–investigators evaluated alibi information in addition to eyewitness ID information.
When investigators saw the witness identify the suspect but also received a strong alibi for that suspect a recency effect
occurred, such that whichever piece of information occurred at the end of the procedure had the strongest impact on investigators.
Thus, type of evidence and evidence order both had a dramatic influence on participant–investigators’ decisions.

  • Content Type Journal Article
  • Category Original Article
  • DOI 10.1007/s10979-008-9151-y
  • Authors
    • Leora C. Dahl, Okanagan College Kelowna BC Canada
    • C. A. Elizabeth Brimacombe, University of Victoria Victoria BC Canada
    • D. Stephen Lindsay, University of Victoria Victoria BC Canada

A dialogical theory of presumption

Abstract  The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of
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Volume 10, Issue 4

ARTICLES
Though Shalt Use the Equal Protection Clause for Religion Cases (Not Just the Establishment Clause)
Susan Gellman & Susan Looper-Friedman
The Two Appointments Clauses: Statutory Qualifications for Federal Officers
Hanah Metchis Volokh
COMMENTS
The Enumeration of Vital Civil Liberties Within a Constitutional State of Emergency Clause: Lessons form the United States, the New Democracy of South [...]

Volume 10, Issue 3

ARTICLES
Originalism, History, and the Second Amendment: What Did Bearing Arms Really Mean to the Founders
Nathan Kozuskanich
Return of the Line Item Veto? Legalities, Practicalities, and Some Puzzles
Aaron-Andrew P. Bruhl
Indians and Invaders: The Citizenship Clause and Illegal Aliens
Gerard N. Magliocca
“We the Jurists”: Islamic Constitutionalism in Iraq
Intisar A. Rabb
The Uses [...]

Volume 10, Issue 2

ARTICLES
Understanding Collegiality on the Court
Frank B. Cross & Emerson H. Tiller
Positive Theory and the Internal View of Law
John Ferejohn
Disagreements on Collegial Courts: A Case-Space Approach
Dimitri Landa & Jeffrey R. Lax
“I’m Sorry, I Can’t Answer That”: Positive Scholarship and the Supreme Court Confirmation Process
Lori A. Ringhand
On the Role of Ideological [...]

The Impact of Prejudice Screening Procedures on Racial Bias in the Courtroom

Abstract  The current study examines the impact of the challenge for cause procedure and its effectiveness in curbing racial prejudice
in trials involving Black defendants. Participants were provided with a trial summary of a defendant charged with either drug
trafficking or embezzlement. The race of the defendant was either White or Black, with participants in the Black defendant
condition receiving (prior to the trial presentation) either no challenge, a close-ended standard challenge, or a modified
reflective pretrial questioning strategy. Overall, the results revealed an anti-Black bias in judgments. While the closed
ended challenge did little to reduce this bias, the reflective format demonstrated a reduction in racial bias. Theoretical
and applied implications of these findings are discussed.

  • Content Type Journal Article
  • Category Original Article
  • DOI 10.1007/s10979-008-9153-9
  • Authors
    • Regina A. Schuller, York University Department of Psychology 4700 Keele Street Toronto ON Canada M3J 1P3
    • Veronica Kazoleas, York University Department of Psychology 4700 Keele Street Toronto ON Canada M3J 1P3
    • Kerry Kawakami, York University Department of Psychology 4700 Keele Street Toronto ON Canada M3J 1P3

Tacit Commitments, Constitutional Limits, and the Iraq Security Arrangement

Examines whether Senate advice and consent is required for the Bush Administration’s Strategic Framework Agreement with [...]