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Description
Life History Theory suggests that, in order to maximize reproductive fitness, individuals make trade-offs between allocating resources to mating and parenting. These trade-offs are influenced by an individual's sex, life history strategy, and environment. Here, I explored the usefulness of a Life History Theory framework for understanding endorsement of child support laws. This study experimentally manipulated sex ratio, and gathered information about participants' endorsement of child support, sexual restrictedness, and mate value. As predicted, women endorsed child support more than men, whereas men favored greater restriction of child support in the form of required paternity testing. However, in general, results do not support an effect of sex ratio, sexual restrictedness, or mate value on endorsement of child support. Results suggest sensitivity to exploitation in a male-biased sex ratio, reflected by an increase in men's endorsement of paternity testing requirements under a male-biased sex ratio prime. Women, on the other hand, report especially unfavorable beliefs toward paternity testing in a male-biased sex ratio. Although results of the current study are mixed, there remains much to be gained from applying an evolutionary perspective to understanding variability in endorsement of child support.
ContributorsWilliams, Keelah (Author) / Neuberg, Steven L. (Thesis advisor) / Saks, Michael (Committee member) / Kenrick, Douglas (Committee member) / Ellman, Ira (Committee member) / Arizona State University (Publisher)
Created2013
Description
The sacred San Francisco Peaks in northern Arizona have been at the center of a series of land development controversies since the 1800s. Most recently, a controversy arose over a proposal by the ski area on the Peaks to use 100% reclaimed water to make artificial snow. The current state of the San Francisco Peaks controversy would benefit from a decision-making process that holds sustainability policy at its core. The first step towards a new sustainability-focused deliberative process regarding a complex issue like the San Francisco Peaks controversy requires understanding the issue's origins and the perspectives of the people involved in the issue. My thesis provides an historical analysis of the controversy and examines some of the laws and participatory mechanisms that have shaped the decision-making procedures and power structures from the 19th century to the early 21st century.
ContributorsMahoney, Maren (Author) / Hirt, Paul W. (Thesis advisor) / Tsosie, Rebecca (Committee member) / White, Dave (Committee member) / Arizona State University (Publisher)
Created2011
Description
Psychology of justice research has demonstrated that individuals are concerned with both the process and the outcomes of a decision-making event. While the literature has demonstrated the importance of formal and informal aspects of procedural justice and the relevancy of moral values, the present study focuses on introducing a new form of justice: Substantive justice. Substantive justice focuses on how the legal system uses laws to constrain and direct human behavior, specifically focusing on the function and the structure of a law. The psychology of justice literature is missing the vital distinction between laws whose function is to create social opportunities versus threats and between laws structured concretely versus abstractly. In the present experiment, we found that participant evaluations of the fairness of the law, the outcome, and the decision-maker all varied depending on the function and structure of the law used as well as the outcome produced. Specifically, when considering adverse outcomes, individuals perceived laws whose function is to create liability (threats) as being fairer when structured as standards (abstract guidelines) rather than rules (concrete guidelines); however, the opposite is true when considering laws whose function is to create eligibility (opportunities). In juxtaposition, when receiving a favorable outcome, individuals perceived laws whose function is to create liability (threats) as being fairer when defined as rules (concrete guidelines) rather than standards (abstract guidelines).
ContributorsLovis-McMahon, David (Author) / Schweitzer, Nicholas J. (Thesis advisor) / Saks, Michael (Thesis advisor) / Kwan, Sau (Committee member) / Arizona State University (Publisher)
Created2011
Description
In The Archive and the Repertoire, Diana Taylor discusses how performance, gestures, resistances within a community holds an embodied memory and enacts the transmission of knowledge within that community. Taylor discusses how this embodied memory is alternative to the written archive of history, history of interaction, history of meaning, history of language. Through the consideration of performance, Taylor urges her reader to reconsider oral and performative transmission of culture, knowledge, customs, traditions, and resistance. This project considers whether this reconsideration can be extended or expanded to oral and performative transmission of law within a community. Specifically, this research explores the conflict between the project of nationality and the reality of social organizing on a community/collective level. It asserts that this conflict is manifested most dramatically within border communities. The dissertation examines how the role of written law in the borderlands divides land and inhabitants and reconstructs a new understanding of the borderlands through oral histories and resistance by border communities. The overall goal of the dissertation is to challenge current scholarship to address the conceptual and sociopolitical task of a world in which legal representations and abstractions supersede the complex reality of community relations. As legal anthropologist Sally Falk Moore identified, we must consider carefully whether or not law controls the social context and what this means for our own definitions of community, what are the boundaries and borders of communities, and the seemingly limitedness of social interaction that becomes based on such legal definitions. The dissertation analyzes the defining disconnect of law from the social context that manifests itself amongst border communities along the U.S.-Mexico border. By exploring how law creates, sustains, molds, and connects the phenomenon of sovereignty, economy, and international borders, we can begin to understand how actions of border communities along the U.S.-Mexico border define the disconnect of law from the social context by redefining community itself.
ContributorsNatividad, Nicholas (Author) / Lauderdale, Pat (Thesis advisor) / Quan, Helen T. (Thesis advisor) / Gomez, Alan E. (Committee member) / Tsosie, Rebecca (Committee member) / Arizona State University (Publisher)
Created2012
Description
Recent advances in hierarchical or multilevel statistical models and causal inference using the potential outcomes framework hold tremendous promise for mock and real jury research. These advances enable researchers to explore how individual jurors can exert a bottom-up effect on the jury’s verdict and how case-level features can exert a top-down effect on a juror’s perception of the parties at trial. This dissertation explains and then applies these technical advances to a pre-existing mock jury dataset to provide worked examples in an effort to spur the adoption of these techniques. In particular, the paper introduces two new cross-level mediated effects and then describes how to conduct ecological validity tests with these mediated effects. The first cross-level mediated effect, the a1b1 mediated effect, is the juror level mediated effect for a jury level manipulation. The second cross-level mediated effect, the a2bc mediated effect, is the unique contextual effect that being in a jury has on the individual the juror. When a mock jury study includes a deliberation versus non-deliberation manipulation, the a1b1 can be compared for the two conditions, enabling a general test of ecological validity. If deliberating in a group generally influences the individual, then the two indirect effects should be significantly different. The a2bc can also be interpreted as a specific test of how much changes in jury level means of this specific mediator effect juror level decision-making.
ContributorsLovis-McMahon, David (Author) / Schweitzer, Nicholas (Thesis advisor) / Saks, Michael (Thesis advisor) / Salerno, Jessica (Committee member) / MacKinnon, David (Committee member) / Arizona State University (Publisher)
Created2015
Description
The demographics of Arizona are changing as Hispanics children are passing through their youth and into adulthood. Yet, even with this changing population Arizona has demonstrated an unwillingness to provide adequate educational opportunities for Hispanic school children. The state has perpetuated fear throughout the Hispanic community in an attempt to marginalize and stigmatize the race. Such attempts have extended to youth in schools creating an environment of fear. This fear limits the academic potential of young Hispanics who are wary of government officials and institutions. Arizona has also failed to provide appropriate funding for programs used predominantly by Hispanic students leaving them unprepared for a workplace that desperately needs them. Finally, Arizona has refused to allow course content with a record of increasing academic achievement and graduation rates amongst Hispanics to be taught in schools. Taken as a whole Arizona's efforts are creating a cadre of unskilled and unprepared laborers who will be desperately needed to take jobs in the Arizona economy in the coming years. This blatant disregard for the educational needs of a large segment of the population will have a devastating impact on Arizona's future.
ContributorsSmith, Jason Ryan (Author) / Davis, T. J. (Thesis director) / Ovando, Carlos (Committee member) / Tsosie, Rebecca (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2013-12
Description
Law and science are fundamental to the operation of racism in the United States. Law provides structure to maintain and enforce social hierarchies, while science ensures that these hierarchies are given the guise of truth. Biologists and geneticists have used race in physical sciences to justify social differences, while criminologists, sociologists, and other social scientists use race, and Blackness in particular, as an explain-all for criminality, poverty, or other conditions affecting racialized peoples. Social and physical sciences profoundly impact conceptualizations and constructions of race in society, while juridical bodies give racial science the force of law—placing legal benefits and criminal punishments into play. Yet, no formal rules govern the use of empirical data in opinions of the Supreme Court. My dissertation therefore studies the Court’s use of social scientific evidence in two key cases involving race and discrimination to identify what, if any, social scientific standards the Court has developed for its own analysis of scientific evidence. In so doing, I draw on Critical Race Theory (CRT) and Institutional Ethnography (IE) to develop a methodological framework for the study and use of social sciences in the law. Critical Race scholars generally argue that race is a social and legal construct and racism is endemic, and permanent, while Institutional Ethnography provides a social scientific method for rigorous study of the law by mapping and illuminating relationships of power manifested in social institutions that construct consciousness and place for marginalized groups in society. Combining methods of IE with epistemologies of CRT, I propose Critical Race Methodologies in the study of Fisher v. University of Texas at Austin and Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. These two cases from recent terms of the Supreme Court involve heavy use of social sciences in briefing and at oral argument, and both cases set standards for racial inclusiveness in Texas. Throughout this dissertation, I look at how law and social sciences co-construct racial meanings and racial power, and how law and social science understand and misunderstand one another in attempting to scientifically understand the role of race in the United States.
ContributorsChin, Jeremiah Augustus (Author) / Brayboy, Bryan McK.J. (Thesis advisor) / Tsosie, Rebecca (Committee member) / Gomez, Alan (Committee member) / Arizona State University (Publisher)
Created2017
Description
Research at the intersection of psychology and law has demonstrated that juror decision-making is subject to many cognitive biases, however, it fails to consider the influence of culturally derived cognitive biases. As jurors become increasingly demographically and culturally diverse it is possible—and even likely—that their attributions might vary because of their cultural background. I predict that cultural and demographic group affiliation affects attributional tendencies such that, compared to situationally focused individuals (those from East Asian cultures, women, those from lower socioeconomic status groups, and older individuals), dispositionally focused individuals (those from Western cultures, men, those from higher socioeconomic status groups, and younger individuals) are less likely to attribute some portion of causation and responsibility for the harm to other influences, and they are more likely to find the defendant liable and hold the defendant financially responsible to a greater degree. This dissertation has three aims: (1) to examine how culturally derived attributional tendencies influence jurors' assessments of causation in complex negligent tort cases where there are multiple causal influences (i.e., multiple tortfeasors and plaintiff negligence) (Studies 1 and 2); (2) to study the implications of those causal determinations on liability determinations, damage awards, and other legal decisions (Studies 1 and 2); and (3) to determine whether these culturally derived attributional tendencies are malleable, suggesting an intervention that might be used to attenuate the influence of attributional tendencies in a trial setting (Study 3). This work advances psychological research on cultural differences in attribution by exploring attributional differences in a new domain, developing a new scale of individual differences in attributional tendencies, and examining how multiple causal influences affects culturally derived attributional tendencies and downstream decision-making.
ContributorsVotruba, Ashley M (Author) / Kwan, Sau (Thesis advisor) / Saks, Michael (Thesis advisor) / Varnum, Michael (Committee member) / Ellman, Ira (Committee member) / Arizona State University (Publisher)
Created2017
Description
The United States Supreme Court’s 1993 Daubert v. Merrell Dow Pharmaceuticals case established criteria for admitting scientific evidence in federal courts. It holds that scientific evidence must be valid, reliable, and relevant, and judges are required to be “gatekeepers” of evidence by screening out evidence that has not been empirically tested or vetted through the academic community. Yet, little is known about whether psychological assessment tools are subjected to scrutiny through the standards courts are supposed to apply. In three different studies, from the perspectives of judges, attorneys, and forensic mental health experts, the authors investigate whether psychological assessment evidence is being challenged. Information was collected on participants’ experiences with challenges to psychological assessments. Judges and lawyers completed a series of experimental case vignettes to assess their decision-making about legal admissibility of different qualities of psychological assessments. It was hypothesized they would not distinguish between low- and high-quality psychological assessments in admissibility. Bayesian model selection methods did not support the null hypothesis, however. It was found attorneys differentiate between the conditions. The rates in which legal professionals and forensic mental health evaluators experienced challenges were also higher than was expected. These positive findings show there is some degree of gatekeeping psychological assessment evidence in the courts.
ContributorsNeu Line, Emily C (Author) / Neal, Tess M.S. (Thesis advisor) / Horne, Zachary (Committee member) / Saks, Michael (Committee member) / Arizona State University (Publisher)
Created2020