The Situationist

The Relational Situation of Whistle-Blowing and Ethical Behavior

Posted by The Situationist Staff on May 30, 2013

whistleEarlier this week, NPR broadcast an excellent (situationist) story titled  “Why Do Whistle-Blowers Become Whistle-Blowers?” by David Greene and Shankar Vedantam.  In it, they discussed recent research by David Mayer and his co-authors (Mayer, D. M., Nurmohamed, S., Treviño, L. K., Shapiro, D. L., & Schminke, M. 2013. Encouraging employees to report unethical conduct internally: It takes a village. Organizational Behavior and Human Decision Processes, 121: 89-103).

Listen to their story by clicking here.

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Posted in Morality, Social Psychology | 1 Comment »

Dan Ariely Interviewed about the Situation of Cheating

Posted by The Situationist Staff on May 28, 2013

ariely honesty coverFor Time, Gary Belsky recently interviewed Dan Ariely about Ariely’s 2012 book, The (Honest) Truth About Dishonesty.  In the interview, Ariely discusses seven lessons about dishonesty.  Here are some excerpts.

1. Most of us are 98-percenters.

“A student told me a story about a locksmith he met when he locked himself out of the house. This student was amazed at how easily the locksmith picked his lock, but the locksmith explained that locks were really there to keep honest people from stealing. His view was that 1% of people would never steal, another 1% would always try to steal, and the rest of us are honest as long as we’re not easily tempted. Locks remove temptation for most people. And that’s good, because in our research over many years, we’ve found that everybody has the capacity to be dishonest and almost everybody is at some point or another.”

2. We’ll happily cheat … until it hurts.

“The Simple Model of Rational Crime suggests that the greater the reward, the greater the likelihood that people will cheat. But we’ve found that for most of us, the biggest driver of dishonesty is the ability to rationalize our actions so that we don’t lose the sense of ourselves as good people. In one of our matrix experiments [a puzzle-solving exercise Ariely uses in his work to measure dishonesty], the level of cheating didn’t change as the reward for cheating rose. In fact, the highest payout resulted in a little less cheating, probably because the amount of money got to be big enough that people couldn’t rationalize their cheating as harmless. Most people are able to cheat a little because they can maintain the sense of themselves as basically honest people. They won’t commit major fraud on their tax returns or insurance claims or expense reports, but they’ll cut corners or exaggerate here or there because they don’t feel that bad about it.”

3. It’s no wonder people steal from work.

“In one matrix experiment, we added a condition where some participants were paid in tokens, which they knew they could quickly exchange for real money. But just having that one step of separation resulted in a significant increase in cheating. Another time, we surveyed golfers and asked which act of moving a ball illegally would make other golfers most uncomfortable: using a club, their foot or their hand. More than twice as many said it would be less of a problem — for other golfers, of course — to use their club than to pick the ball up. Our willingness to cheat increases as we gain psychological distance from the action. So as we gain distance from money, it becomes easier to see ourselves as doing something other than stealing. That’s why many of us have no problem taking pencils or a stapler home from work when we’d never take the equivalent amount of money from petty cash. . . .”

4. Beware the altruistic crook.

“People are able to cheat more when they cheat for other people. In some experiments, people cheated the most when they didn’t benefit at all. This makes sense if our ability to be dishonest is increased by the ability to rationalize our behavior. If you’re cheating for the benefit of another entity, your ability to rationalize is enhanced. So yes, it’s easier for an accountant to see fudging on clients’ tax returns as something other than dishonesty. And it’s a concern within companies, since people’s altruistic tendencies allow them to cheat more when it benefits team members.”

5. One (dishonest) thing leads to another.

“Small dishonesties matter because they can lead to larger ones. Once you behave badly, at some point, you stop thinking of yourself as a good person at that level and you say, What the hell. This is something many people are familiar with in dieting. We’re disciplined until we lapse, and if we can’t think of ourselves as good people, then we figure we might as well enjoy it. And it happens with honesty as well. Cheaters too can start with one step. We conducted an experiment where participants were given designer sunglasses to wear and evaluate. Some were told their pair was authentic, others were told they were wearing fakes and others were given no information. Then, after they had been wearing their glasses for a while, we gave them matrices to solve. In all three groups, a significant portion of the participants reported solving a few more matrices than they actually had. Moderate cheating, as usual. But while 30% of the group wearing real designer sunglasses cheated, and slightly more, around 40%, of the people in the no-information group cheated, more than 70% of the group wearing the fakes exaggerated the number of matrices they solved. One moral violation leads to further immorality.”

6. Better to encourage honesty than discourage cheating.

“Most attempts to limit cheating come from a cost-benefit understanding of the problem. We think if we make the punishments harsh enough, people will cheat less. But there is no evidence that this approach works. Think of the death penalty. There is no evidence that it decreases crime. A better approach would be to ask, How can we help people stay honest? When we had an insurance company move the signature on a mileage reporting form from the bottom of the document to the top — so people were attesting that the information they were reporting was true before they filled out the form, rather than after — the amount of cheating went down by about 15%.”

7. Honesty is a state of mind.

“In one of our experiments, we split participants into two groups. We asked one group to try to recall the 10 Commandments, the other 10 books they read in high school. Then we had everyone do some matrices. What we found was that the people in the group who recalled books engaged in the same level of cheating as most people. But the participants in the group that tried to remember the 10 Commandments didn’t cheat at all. Small reminders of ethical standards can be very powerful.”

Read entire interview here.

Posted in Ideology, Positive Psychology, Social Psychology | Leave a Comment »

The Cheater’s Situation

Posted by The Situationist Staff on May 25, 2013

Liars

From a very good 2011 NYTimes article by Benedict Carey, here are a few excerpts on some of the psychological dynamics behind cheating:

[P]aradoxically, it’s often an obsession with fairness that leads people to begin cutting corners in the first place.

“Cheating is especially easy to justify when you frame situations to cast yourself as a victim of some kind of unfairness,” said Dr. Anjan Chatterjee, a neurologist at the University of Pennsylvania who has studied the use of prescription drugs to improve intellectual performance. “Then it becomes a matter of evening the score; you’re not cheating, you’re restoring fairness.”

The boilerplate tale of a good soul gone wrong is well known. It begins with small infractions — illegally downloading a few songs, skimming small amounts from the register, lies of omission on taxes — and grows by increments. The experiment becomes a hobby that becomes a way of life. In a recent interview with New York magazine, Bernard Madoff said his Ponzi scheme grew slowly from an investment advisory business that he began as a sideline for certain clients.

This slippery-slope story obscures the process of moving to the dark side; namely, that people subconsciously seek shortcuts more than they realize — and make a deliberate decision when they begin to cheat in earnest.

In a series of recent studies, Dan Ariely of Duke University and his colleagues gave college students opportunities to cheat on a general knowledge test. In one, students were instructed to transfer their answers onto a form with color-in bubbles, to register their official score. Some received bubble sheets with the correct answers seemingly inadvertently shaded in gray, and changed about 20 percent of their answers. A follow-up study demonstrated that they were unaware of the magnitude of their dishonesty. They were cheating without being fully aware of it.

Yet the behavior changes once a clear rule is in place. “If you specifically tell people in these studies not to use the answer key and just sign their name,” said Zoe Chance, a doctoral student at Harvard who worked on some of the experiments, “they won’t look at it.”

David DeSteno, a psychologist at Northeastern University in Boston and co-author of the . . . book “Out of Character,” about deception and other misbehavior, said: “With all of these kinds of decisions there’s a battle between short- and long-term gains, a tension between the more virtuous choice and the less virtuous one. And of course there are outside factors that can sway that arrow to one side or another.”

That is, low-level cheating may be natural and even productive in some situations; the brain naturally seeks useful shortcuts. But most people tend to follow rules they accept as fair, even when they have the opportunity and a strong incentive to break them.

In short, the move from small infractions to a deliberate pattern of deception or fraud is less an incremental slide than a deliberate strategy. And in most people it takes shape for personal, and often very emotional, reasons, psychologists say.

One of the most obvious of these is resentment of an authority or a specific rule. The evidence of this is easy enough to see in everyday life, with people flouting laws about cellphone use, smoking, the wearing of helmets. In studies of workplace behavior, psychologists have found that in situations where bosses are abusive, many employees withhold the unpaid extras that help an organization, like being courteous to customers or helping co-workers with problems.

Yet perhaps the most powerful urge to cheat stems from a deep sense of unfairness, psychologists say. As people first begin to compete and compare themselves with others, as early as middle school, they also begin to learn of others’ hidden advantages. Private tutors. Family money. Alumni connections. A regular golf game with the boss. Against a competitor with such advantages, taking credit for other people’s work at the office is not only easier, it can seem only fair.

Once the cheating starts, it’s natural to impute it to others. “When it comes to negative characteristics, we tend to overestimate how much others have in common with us,” said David Dunning, a psychologist at Cornell University.

That is to say: A corner cutter often begins to think everyone else is cheating after he has started cheating, not before.

“And if they are subsequently rewarded for the extra productivity, they tend to internalize the feeling of pride and view their success as due to inherent ability and not something else they were using,” said Dr. DeSteno.

Finally, in the winner-take-all environment that characterizes many competitive fields, cheating feels like a hedge against that most degrading sensation: being a chump. The fear of finishing out of the money and hearing someone say, “Wait, you mean to tell me you could have and you didn’t?” Psychologists argue that the sensation of being duped — anger, self-blame, bitterness — is such a singular cocktail that it forces an uncomfortable kind of self-awareness.

How much of a fool am I? How did I not see this?

It happens every day to people who resist cheating. Nothing fair about it.

Read the entire article here.

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Posted in Conflict, Morality, Uncategorized | Leave a Comment »

The Financial Situation of Think Tanks

Posted by The Situationist Staff on May 23, 2013

think-tank-map from FAS Research

For The Nation, Ken Silverstein has a revealing article, titled “The Secret Donors Behind the Center for American Progress and Other Think Tanks.”  Paying special attention to the Center for American Progress, the article shows how ideas, policies, and people gain credibility, legitimacy, and influence through unseen corporate investments in think tanks. Here are a couple of excerpts:

Nowadays, many Washington think tanks effectively serve as unregistered lobbyists for corporate donors, and companies strategically contribute to them just as they hire a PR or lobby shop or make campaign donations. And unlike lobbyists and elected officials, think tanks are not subject to financial disclosure requirements, so they reveal their donors only if they choose to. That makes it impossible for the public and lawmakers to know if a think tank is putting out an impartial study or one that’s been shaped by a donor’s political agenda. “If you’re a lobbyist, whatever you say is heavily discounted,” says Kathleen Clark, a law professor at Washington University and an expert on political ethics. “If a think tank is saying it, it obviously sounds a lot better. Maybe think tanks aren’t aware of how useful that makes them to private interests. On the other hand, maybe it’s part of their revenue model.”

* * *

[M]any [think tanks] lure big donors with a package of benefits, including personalized policy briefings, the right to directly underwrite and shape research projects, and general support for the donor’s political needs.

Most think tanks are nonprofit organizations, so a donor can even get a nice tax break for contributing. But it’s their reputation for impartiality and their web of contacts that makes them especially useful as policy advocates. “Think tanks can always draw a big audience to your event, including government folks,” a Washington lobbyist who has worked with several told me. “And people generally don’t think they would twist anything, or wonder about where they get their money.”

While think tanks portray themselves as altruistic scholarly institutions, they emphasize their political influence when courting donors. “If you have a particular area of policy interest, you can support a specific research effort under way,” the Brookings Institution says in one pitch for cash. Those interested in 
”a deeper engagement”—read: ready to fork over especially large sums of money—get personal briefings from resident experts and can work directly with senior Brookings officials to draw up a research agenda that will “maximize impact on policymaking.”

The Center for Strategic and International Studies advertises itself as being “in the unique position to bring together leaders of both the public and private sectors in small, often off-the-record meetings to build consensus around important policy issues.” It allows top-tier donors to directly sponsor reports, events and speaker series.

Read the entire article here.

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Posted in Deep Capture, Ideology, Marketing, Politics, Public Policy | Leave a Comment »

The Situational Benefits of Compassion

Posted by The Situationist Staff on May 20, 2013

Dorothea Lange Damaged ChildEmma Seppala, for The Observer, has an outstanding overview of some of the health consequences and contagiousness of compassion.  Here is a portion of her article:

Decades of clinical research has focused and shed light on the psychology of human suffering. That suffering, as unpleasant as it is, often also has a bright side to which research has paid less attention: compassion. Human suffering is often accompanied by beautiful acts of compassion by others wishing to help relieve it. What led 26.5 percent of Americans to volunteer in 2012 (according to statistics from the US Department of Labor)? What propels someone to serve food at a homeless shelter, pull over on the highway in the rain to help someone with a broken down vehicle, or feed a stray cat?

What is Compassion?

What is compassion and how is it different from empathy or altruism? The definition of compassion is often confused with that of empathy. Empathy, as defined by researchers, is the visceral or emotional experience of another person’s feelings. It is, in a sense, an automatic mirroring of another’s emotion, like tearing up at a friend’s sadness. Altruism is an action that benefits someone else. It may or may not be accompanied by empathy or compassion, for example in the case of making a donation for tax purposes. Although these terms are related to compassion, they are not identical. Compassion often does, of course, involve an empathic response and an altruistic behavior. However, compassion is defined as the emotional response when perceiving suffering and involves an authentic desire to help.

Is Compassion Natural or Learned?

Though economists have long argued the contrary, a growing body of evidence suggests that, at our core, both animals and human beings have what APS Fellow Dacher Keltner at the University of California, Berkeley, coins a “compassionate instinct.” In other words, compassion is a natural and automatic response that has ensured our survival. Research by APS Fellow Jean Decety, at the University of Chicago, showed that even rats are driven to empathize with another suffering rat and to go out of their way to help it out of its quandary. Studies with chimpanzees and human infants too young to have learned the rules of politeness, also back up these claims. Michael Tomasello and other scientists at the Max Planck Institute, in Germany, have found that infants and chimpanzees spontaneously engage in helpful behavior and will even overcome obstacles to do so. They apparently do so from intrinsic motivation without expectation of reward. A recent study they ran indicated that infants’ pupil diameters (a measure of attention) decrease both when they help and when they see someone else helping, suggesting that they are not simply helping because helping feels rewarding. It appears to be the alleviation of suffering that brings reward — whether or not they engage in the helping behavior themselves. Recent research by David Rand at Harvard University shows that adults’ and children’s first impulse is to help others. Research by APS Fellow Dale Miller at Stanford’s Graduate School of Business suggests that this is also the case of adults, however, worrying that others will think they are acting out of self-interest can stop them from this impulse to help.

It is not surprising that compassion is a natural tendency since it is essential for human survival. As has been brought to light by Keltner, the term “survival of the fittest,” often attributed to Charles Darwin, was actually coined by Herbert Spencer and Social Darwinists who wished to justify class and race superiority. A lesser known fact is that Darwin’s work is best described with the phrase “survival of the kindest.” Indeed in The Descent of Man and Selection In Relation to Sex, Darwin argued for “the greater strength of the social or maternal instincts than that of any other instinct or motive.” In another passage, he comments that “communities, which included the greatest number of the most sympathetic members, would flourish best, and rear the greatest number of offspring.” Compassion may indeed be a naturally evolved and adaptive trait. Without it, the survival and flourishing of our species would have been unlikely.

One more sign that suggests that compassion is an adaptively evolved trait is that it makes us more attractive to potential mates. A study examining the trait most highly valued in potential romantic partners suggests that both men and women agree that “kindness” is one of the most highly desirable traits.

Compassion’s Surprising Benefits for Physical and Psychological Health

Compassion may have ensured our survival because of its tremendous benefits for both physical and mental health and overall well-being. Research by APS William James Fellow Ed Diener, a leading researcher in positive psychology, and APS James McKeen Cattell Fellow Martin Seligman, a pioneer of the psychology of happiness and human flourishing, suggests that connecting with others in a meaningful way helps us enjoy better mental and physical health and speeds up recovery from disease; furthermore, research by Stephanie Brown, at Stony Brook University, and Sara Konrath, at the University of Michigan, has shown that it may even lengthen our life spans.

The reason a compassionate lifestyle leads to greater psychological well-being may be explained by the fact that the act of giving appears to be as pleasurable, if not more so, as the act of receiving. A brain-imaging study headed by neuroscientist Jordan Grafman from the National Institutes of Health showed that the “pleasure centers” in the brain, i.e., the parts of the brain that are active when we experience pleasure (like dessert, money, and sex), are equally active when we observe someone giving money to charity as when we receive money ourselves! Giving to others even increases well-being above and beyond what we experience when we spend money on ourselves. In a revealing experiment by Elizabeth Dunn, at the University of British Columbia, participants received a sum of money and half of the participants were instructed to spend the money on themselves; the other half was told to spend the money on others. At the end of the study,  which was published in the academic journal Science, participants who had spent money on others felt significantly happier than those who had spent money on themselves.

This is true even for infants. A study by Lara Aknin and colleagues at the University of British Columbia shows that even in children as young as two, giving treats to others increases the givers’ happiness more than receiving treats themselves. Even more surprisingly, the fact that giving makes us happier than receiving is true across the world, regardless of whether countries are rich or poor. A new study by Aknin, now at Simon Fraser University, shows that the amount of money spent on others (rather than for personal benefit) and personal well-being were highly correlated, regardless of income, social support, perceived freedom, and perceived national corruption.

Why is Compassion Good For Us?

Why does compassion lead to health benefits in particular? A clue to this question rests in a fascinating new study by Steve Cole at the University of California, Los Angeles, and APS Fellow Barbara Fredrickson at the University of North Carolina at Chapel Hill. The results were reported at Stanford Medical School’s Center for Compassion and Altruism Research and Education’s (CCARE) inaugural Science of Compassion conference in 2012. Their study evaluated the levels of cellular inflammation in people who describe themselves as “very happy.” Inflammation is at the root of cancer and other diseases and is generally high in people who live under a lot of stress. We might expect that inflammation would be lower for people with higher levels of happiness. Cole and Fredrickson found that this was only the case for certain “very happy” people. They found that people who were happy because they lived the “good life” (sometimes also know as “hedonic happiness”) had high inflammation levels but that, on the other hand, people who were happy because they lived a life of purpose or meaning (sometimes also known as “eudaimonic happiness”) had low inflammation levels. A life of meaning and purpose is one focused less on satisfying oneself and more on others. It is a life rich in compassion, altruism, and greater meaning.

Another way in which a compassionate lifestyle may improve longevity is that it may serve as a buffer against stress. A new study conducted on a large population (more than 800 people) and spearheaded by the University at Buffalo’s Michael Poulin found that stress did not predict mortality in those who helped others, but that it did in those who did not. One of the reasons that compassion may protect against stress is the very fact that it is so pleasurable. Motivation, however, seems to play an important role in predicting whether a compassionate lifestyle exerts a beneficial impact on health. Sara Konrath, at the University of Michigan, discovered that people who engaged in volunteerism lived longer than their non-volunteering peers — but only if their reasons for volunteering were altruistic rather than self-serving.

Another reason compassion may boost our well-being is that it can help broaden our perspective beyond ourselves. Research shows that depression and anxiety are linked to a state of self-focus, a preoccupation with “me, myself, and I.” When you do something for someone else, however, that state of self-focus shifts to a state of other-focus. If you recall a time you were feeling blue and suddenly a close friend or relative calls you for urgent help with a problem, you may remember that as your attention shifts to helping them, your mood lifts. Rather than feeling blue, you may have felt energized to help; before you knew it, you may even have felt better and gained some perspective on your own situation as well.

Finally, one additional way in which compassion may boost our well-being is by increasing a sense of connection to others. One telling study showed that lack of social connection is a greater detriment to health than obesity, smoking, and high blood pressure. On the flip side, strong social connection leads to a 50 percent increased chance of longevity. Social connection strengthens our immune system (research by Cole shows that genes impacted by social connection also code for immune function and inflammation), helps us recover from disease faster, and may even lengthen our life. People who feel more connected to others have lower rates of anxiety and depression. Moreover, studies show that they also have higher self-esteem, are more empathic to others, more trusting and cooperative and, as a consequence, others are more open to trusting and cooperating with them. Social connectedness therefore generates a positive feedback loop of social, emotional, and physical well-being. Unfortunately, the opposite is also true for those who lack social connectedness. Low social connection has been generally associated with declines in physical and psychological health, as well as a higher propensity for antisocial behavior that leads to further isolation. Adopting a compassionate lifestyle or cultivating compassion may help boost social connection and improve physical and psychological health.

Read the entire article, including sections on “why compassion really does have the ability to change the world” and “cultivating compassion” here.

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Posted in Altruism, Distribution, Emotions, Morality, Positive Psychology | 2 Comments »

The Gendered Situation at Harvard Law School – Part III

Posted by The Situationist Staff on May 15, 2013

harvard law library

The Harvard Crimson‘s Dev Patel has an outstanding series of articles last week on gender inequality at Harvard Law School. Here are some excerpts from the third article, titled “Female HLS Graduates Enter a Job Market Dominated by Men” in the series.

The law firm Brune & Richard is an anomaly. In a world where female lawyers represent fewer than 20 percent of partners in private practices, women make up 12 of the 18 lawyers at Brune & Richard.

And for founder Hillary Richard, who graduated from Harvard Law School in 1988, that number makes a difference.

“What it presents for female lawyers, particularly younger lawyers, is an array of possibilities that they don’t see at other firms,” Richard said. “Women who come to work here know that being a woman is certainly not going to hold you back, is not going to be an impediment to partnership, and is not going to be an impediment professionally in any way.”

But when female students graduate from the Law School, most must grapple with the large gender gap in the legal profession, especially at the level of the most prestigious positions. According to a Feb. 2013 report by the American Bar Association, fewer than one-third of federal and state judgeships are filled by women, and only 15 percent of equity partners in law firms are female. Just 21.6 percent of general counsel at Fortune 500 companies are female lawyers, and women make up barely one-fifth of all deans in U.S. law schools.

Harvard Law professor David B. Wilkins ’77, an expert on the legal profession, said he thinks this severe gender disparity creates a vicious cycle that prevents many women from moving up in the field.

“I think it’s true as in many other places in society,” he said. “If people see people like themselves succeeding, they are more likely to succeed.”

At Harvard Law School, where fewer than one in five professors is female and women are regularly outperformed in the classroom by their male counterparts, graduating students are not immune to the pressure of entering a field dominated at the top by men.

A “FEMINIZED” PROFESSION, BUT NOT AT HARVARD

“Law is becoming a feminized profession, by which I mean the majority of the entrants to the profession are women,” said Wilkins, who described the breakdown in the United States as “50/50,” whereas worldwide “women make up the majority.”

Yet one would never get that sense from the campus of Harvard Law School.

More than six decades since the first women were admitted to the school, female students have never made up 50 percent or more of a class, according to Assistant Dean and Chief Admissions Officer Jessica L. Soban ’02, a former Crimson business editor.

A gender disparity is especially apparent in the most prestigious extracurricular activities, where women succeed in smaller numbers than their male peers.

According to Yvonne L. Smith of the Dean of Students Office, twice as many men as women made it to the semi-final round of the Ames Moot Court competition, a prestigious mock trial held annually by the school, and only nine of the 44 most recently elected editors on the Harvard Law Review have been women.

Valerie Duchesneau, director of student organizations on the Student Representative Board, pointed out that while most journals at the Law School have many women on staff, the Law Review is different.

“For me that’s why that statistic says something about there being a real problem,” said Duchesneau. “Somehow the Law Review gets a lot of the prestige that these other journals don’t carry.”

The gender gap at the Law Review is nothing new.

“When I was a student here from 1994 to 1997, I took the Law Review competition in the spring of 95, and of the 40 to 42 people who made the Law Review that year, only nine of us were women,” said visiting professor Laura A. Rosenbury ’92 in a video released by Shatter the Ceiling, a new coalition to address gender disparities. “I assumed when I came back to the faculty this year, that the Law Review would be close to 50/50. And it’s not.”

Students and faculty said there is no clear answer as to why certain extracurricular activities end up disproportionately male. The Harvard Law Review this year implemented a new gender-based affirmative action policy in an attempt to counteract the gap.

“There is, for lack of better terms, a hierarchy in terms of extracurriculars on campus,” said third-year Harvard Law student Stephanie E. Davidson, outgoing president of the Women’s Law Association.

TROUBLE AT THE TOP

And while the problem might start with student activities, it extends into the job market. Many in the Law School consider certain activities like the Law Review and Ames Moot Court to be important lines on the resume when securing top jobs after graduation.

Female graduates at the Law School find positions at private law firms less often than their male peers, according to Assistant Dean for Career Services Mark A. Weber. At the same time, he said, women tend to enter public interest work in greater numbers than men.

Nationwide, women make up 19.9 percent of partners in private legal firms, according to the American Bar Association.

Visiting professor Daniel R. Coquillette said that part of this disparity can be attributed to the fact that large law firms have “never made the accommodations they should make to family life.”

“I was an associate in a big law firm and I’ll tell you, it really is a very, very tough existence,” he said. “You might say that they treat men and women equally. And that’s true, they make it difficult for everyone, but under the conditions of modern society, it impacts women more.”

Wilkins agreed that typical legal careers, particularly at law firms where the key years in which lawyers become partners coincide with the time when many choose to start a family, are “not just made for a man but made for a man whose wife doesn’t work.”

“In a profession in which human capital is at its core, we are systematically losing out on the talent of very talented female lawyers who are leaving the profession altogether sometimes,” he said.

Wilkins helped co-author a study entitled “After the JD,” in which researchers surveyed lawyers in 2008 who had entered private practice in 2000. They found that at large law firms of 250 or more, men were five times more likely to have been made equity partner than women.

Weber said that while the statistics at the level of the top positions might paint a troubling picture, firms who hire HLS graduates soon after graduation treat candidates equally regardless of gender.

“What we’ve seen on the output side is that employers just want to hire smart, talented students,” he said. “It’s never an issue of gender. I’ve never seen employers say ‘We want to hire men.’”

Nevertheless, Wilkins said he thinks “unconscious bias and stereotypes” may play a powerful role.

“Whether they be clients or partners, when they think about a successful lawyer they are less likely to think of a female lawyer,” he said.

Richard said she thinks this issue is rooted in the low number of female partners. With a small number of women at the top, female job applicants find it harder to imagine their own success.

“I think with anything else, the more diversity that you have, whether its gender or race or what have you, I think the more it opens your mind to the possibility no matter who you are that there are jobs and careers open to you,” said Richard.

In lower courts, women fill more clerkship positions than men, according to Weber. But that dynamic changes at the level of the top positions. Among HLS graduates, far more men secure clerkships at the Supreme Court than women, a statistic often cited by the Shatter the Ceiling coalition.

“The higher you go in the profession, whether its Supreme Court Justices, partners in law firms, or deans of law schools, the number of women is smaller,” Dean of the Law School Martha L. Minow said. “It’s not just Harvard Law School’s problem, it’s the legal profession’s problem.”

Read the article here.

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Posted in Distribution, Education, History, Law | Leave a Comment »

The Gendered Situation at Harvard Law School – Part II

Posted by The Situationist Staff on May 11, 2013

the hark 1953The Harvard Crimson‘s Dev Patel has an outstanding series of articles last week on gender inequality at Harvard Law School. Here are some excerpts from the second article, titled “In HLS Classes, Women Fall Behind” in the series.

Among the top students in their graduating classes, men and women entering Harvard Law School earn similar undergraduate grades and LSAT scores. But as soon as students step into Wasserstein Hall, a dramatic gender disparity emerges.

Indicators suggest that female students participate less and perform worse than their male counterparts over the course of their three years at the Law School.

“For better or worse, when women come to law school, they feel their gender more strongly than they may have in undergrad,” said third-year law student Stephanie E. Davidson, outgoing president of the Women’s Law Association. “I still barely have words to describe why that is or what that means. But you feel like a female lawyer instead of a lawyer.”

Davidson is not alone. Hundreds of students and faculty gathered this spring for Shatter the Ceiling, a new coalition whose goal is to address gender disparities at Harvard Law. The issue of imbalance in the classroom has emerged at the forefront of their discussions, prompting reactions across the campus and the nation over how women and men stack up.

IS SOCRATES SEXIST?

Harvard Law student Jessica R. Jensen hates the Socratic method. “It’s the worst thing in the world,” she said. “It forces you to talk like a man.”

“It made me feel really uncomfortable and incompetent at first, and it really impacted my performance in classes the first year,” Jensen said. “You feel like you don’t know the material really well because you feel like an idiot in class.”

Employed in some form across most classrooms at Harvard Law School, the Socratic method, a teaching style that relies on cold-calling, lies at the heart of the debate over gender issues and serves as a focal point for the Shatter coalition.

Today, many students and faculty have raised concerns over the teaching method, saying that men are more likely to participate voluntarily in Law School classes than women.

In a 2004 study on gender issues at Harvard Law School, a then-third-year law student Adam M. C. Neufeld found that men were 50 percent more likely than women to volunteer at least one comment during class, and 144 percent more likely to speak voluntarily at least three times. The study also showed that 10 percent of students accounted for nearly half of all volunteered comments in first-year law classrooms.

“I think the big point is that many men weren’t talking too,” Neufeld said. “There was a small number of people who account for most of the comments.”

More recently, according to a 2012 study at Yale Law School, men made 58 percent of comments in the classroom, while women made 42 percent.

Yet the root cause of this disparity remains contested, as professors, students, and administrators debate whether the Socratic method—the traditional form of legal pedagogy—needs to be adapted to account for gender disparities in the classroom.

For many in the Law School, the Socratic method is an outdated teaching style that reinforces gender imbalances in academia.

“Women take longer to process thoughts before they feel comfortable to say them out loud than men do,” Jensen said, adding that men feel more natural in that kind of classroom atmosphere.

Because of this disparity, the Shatter coalition hopes to encourage changes to the Law School pedagogy.

“If you can show that the Socratic method makes us better lawyers, then fine, but we need to see that data,” said Lena M. Silver, a third-year Law School student and the co-chair of the Shatter the Ceiling coalition.

Harvard Law professor Lani C. Guinier ’71, who has authored several articles on legal pedagogy, said that the problems described by Silver and her group highlight potential issues with legal education today.

“In short, women’s reaction to law school is an important warning sign, but a warning sign that the problem will not go away simply by focusing on helping the women think more like their male counterparts,” Guinier wrote in an email, saying that the faculty should reevaluate their pedagogical techniques.

Others suggested that the pressures of the classroom environment contribute to women not raising their hands as often as men. “Women are more likely to be called ‘gunners’ or ‘teacher’s pets’ if they participate in class,” said Jean N. Ripley, second-year Law School student and co-chair of the Shatter coalition.

In his study, Neufeld, who said he supports the Socratic method, found that women assessed themselves significantly lower than men did, suggesting that different confidence levels may account for the disparity in classroom participation.

“Volunteering is a fairly socially aggressive act,” he said. “You are making all the other students listen to your comment, you think it is unbelievably important and something that no one else has thought of.”

Yet supporters of the Socratic method discount the existence of inherent gender disparities and argue that it is an essential part of the legal education.

“It’s an extreme form of sexism to say that essentially women in general aren’t capable of dealing with the demands of the Socratic method,” said Harvard Law professor Alan M. Dershowitz.

Dershowitz noted that some of the best Socratic students in his classes have been women. “You cannot generalize about men and women when it comes to their ability to be law students or practice law,” he said. “We have to keep inquiring as to why this disparity exists but we have to do it without divulging into stereotypes.”

Dean of the Law School Martha L. Minow pointed to an ongoing debate over the possibility of gendered dimensions of certain forms of argument and reasoning, saying that it “can’t be the case” that “certain types of reasoning are beyond the reach of a group of students.”

And many professors, including Dershowitz, defend the Socratic method as a critical component of the Harvard Law School education.

* * *

Though Minow has refused to release data on the gender breakdown of grades, professors said that indicators point to a dramatic disparity between men’s and women’s performance despite blind assessment.

Neufeld’s 2004 study found that women earned lower grades in first-year courses across three years of data, though the disparity varied in part with the content and gender of the professor. The form of assessment, by contrast, did not increase or decrease the grade disparity.

In the study, men were also more likely to receive graduation honors than women, a disparity frequently cited by the Shatter coalition.

“We haven’t created a situation in which women are doing as well as we’d like them to be,” Law school professor Christine Desan said. “Part of that is surely societal, both social and political.”

But the gender grade disparity is not the same at other law schools, according to visiting professor Laura Rosenbury.

“It’s interesting because I’ve been teaching at Washington University in St. Louis, and we don’t have this problem,” said Rosenbury in a video released by the Shatter coalition. “In fact, women outperform their male colleagues both in terms of grades and in terms of law review competition. And so what makes Harvard different?”

Faculty and students alike have struggled to find an answer.

Minow said there is “unequivocally” no difference in undergraduate grades or the LSAT scores of men and women coming into Harvard Law.

“They are at some level puzzling, because the grading in the big classes are completely anonymous,” Tushnet said. “And yet there must be something about the style of a writing or arguing that the faculty prefers that tilts in favor of men.”

Others said they believe that levels of confidence and self-perception may play a role.

“The main argument for this one is the stereotype threat,” Neufeld said. “If you are a high school girl who’s taking a math class, and there’s a general perception that women do worse, you, no matter what your inherent ability, are going to be more anxious because you don’t want to do poorly and reflect that stereotype, and you will end up doing worse because you can’t relax and focus.”

While the cause of these issues remains unknown, in many ways the extent of the problem is also uncertain.

No new grade data has been released since the administration changed the grading system from the standard letter grades to an honors, pass/fail system. A key goal of the Shatter coalition has been access to that data, but Minow has declined to share it.

“We don’t need to have a study, we need to work on making this better,” Minow said. “Do I think there are issues about whether or not Harvard Law School or any law school is conducive to learning for any student? Yes. Might there be gendered dimensions? Possibly. You don’t have to prove anything to me; I’m already committed to addressing these issues, as is the faculty.”

Desan said that as long as she and her colleagues continue to grade, they must take responsibility for the marks they give.

“If those grades suggest that there may be a problem with our teaching or our testing, then we should try to figure out what that problem is,” she said. “We have data that we haven’t explored yet, and I think it’s time that we explored it.”

While Minow said she hopes to diminish the role of grades in the community, some students have raised concerns that beyond the Harvard Law campus, grades remain critical to success.

“I think that potentially a barrier Dean Minow has to face in deemphasizing the prestige of those things is that the legal profession and the academic world still values them,” President of the Student Representative Board Lisa M. Lana said.

Read the entire article, which includes an extensive discussion about the socratic method and links to the other articles in the series, here.

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The Gendered Situation at Harvard Law School – Part I

Posted by The Situationist Staff on May 8, 2013

men and woman in Langdell Library 1959The Harvard Crimson‘s Dev Patel has an outstanding series of articles this week on gender inequality at Harvard Law School. Here are some excerpts from the first article, titled “Once Home to Kagan and Warren, HLS Faculty Still Only 20 Percent Female” in the series.

Just 20 percent of U.S. senators are female. Women make up a mere 21.6 percent of the lawyers who serve as general counsels to Fortune 500 companies. Only three of the nine Supreme Court Justices are women.

But these figures are still higher than the proportion of women within the ranks of the Harvard Law School faculty.

At Elizabeth Warren and Elena Kagan’s former place of work, women constitute fewer than a fifth of all professors and assistant professors of law—a disparity that Harvard Law School Dean Martha L. Minow called “absolutely inadequate.” With only 17 women among 92 tenure-track faculty members, according to the Law School’s online directory as of May 6, the gender imbalance of Harvard Law School’s faculty is comparable to that of other elite law schools, yet still among the most severe of the approximately 200 law schools nationwide.

Concerns about gender inequality have spread throughout campus as a new student-run coalition called Shatter the Ceiling draws hundreds of community members together to address these issues, faculty members pursue research on gender disparities, and the administration pushes for new strategies to level the playing field. Amidst this growing movement, some have raised questions about the impact of gender inequality within the ranks of the faculty, in the classroom, in student organizations, and in life after Law School.

Among their top concerns is the small proportion of women on the faculty, an issue they say is rooted in the Law School’s history and today impacts hiring decisions, faculty conversations, and topics of intellectual inquiry.

“It’s an issue that matters to me, an issue that matters to the Law School, and an issue that matters to the profession,” Minow said.

BURDENED BY THE PAST

Portraits of tenured professors arranged in chronological order line a wing of the Law School’s new student center, looking down on students as they walk to class each day. But students cannot see a woman’s photograph until they pass the 1972 mark, and can only count a handful more in the next few decades.

More than 20 years after female students first stepped foot on campus, the Law School in 1972 granted tenure to its first female faculty member, Elisabeth A. Owens. But she did not attend faculty meetings, and her appointment “was widely regarded as not genuine,” according to Daniel R. Coquillette, a visiting professor and the former dean of Boston College Law School.

Coquillette is currently working on a history of Harvard Law School that will devote a significant section to the history of gender at the school. He said that the Law School’s progress on gender issues came relatively late, after other law schools across the country had already taken significant steps towards welcoming women.

“The appointment of women to the tenured faculty is so recent that many of the pioneer women are still right there as active faculty members,” Coquillette said, referring particularly to Law School professors Martha A. Field ’65 and Elizabeth Bartholet ’62, two of the first women to successfully complete the tenure process.

Field recounted that when she first joined the faculty as a tenured professor in 1979, the Law School had “such a terrible reputation” among women in the field.

“It used to be a nice male club,” she said. “It really did sort of mess up the boys’ club when women came on.”

Field said that in the early years, the hiring of female faculty members was slowed by concerns about tilting the political direction of the school leftward.

“For a while, you sort of had the feeling that it was hard to hire women because people had one idea of what a woman should be,” Field said. “They assumed that if you pushed for women or minorities that you were leftist, radical, and pushy.”

Since that time, acceptance of female faculty members has improved—a development highlighted by the appointment of two female deans, Kagan in 2003 and Minow in 2009. But Minow herself acknowledges that these changes are still not enough.

“Now we have women serving as partners at law firms, on the Supreme Court, making a difference in all walks of legal life,” Minow said in a March interview. “On the other hand, the small relative number of women who are partners at law firms, sit on the bench, and are tenured professors shows that there’s still lots to be done.”

Harvard Law School ClassroomADDING MORE PORTRAITS

At less than 20 percent female, Harvard Law School’s tenure-track faculty is the least diverse of its kind in the Ivy League. At Columbia Law School, about 25 percent of faculty members are female, while women make up about 29 percent of the faculty at Yale Law School. The law schools at Cornell and the University of Pennsylvania count even more female faculty members among their ranks, with percentages of about 30 and 33, respectively.

Outside the Ivy League, female law professors are represented in even greater numbers. According to a report released by the Association of American Law Schools, women accounted for 34.4 percent of law school faculty nationwide in the 2008-2009 academic year.

“In terms of our peer [top-ranked] schools we are not so different,” Minow said, noting that the Law School does not fare as well when compared to a broader group of schools. “So it’s again the same pattern you see all over the profession. The higher the prestige, the more elite, the fewer women are there.”

Since she took the helm of the school four years ago, Minow has worked to change these numbers. Her first step: hiring equal numbers of men and women for entry-level faculty positions since 2009. This year, the Law School has made two hiring offers, one to a man and one to a woman.

Annually, the entry-level hiring committee conducts about 40 interviews, which are balanced in terms of gender breakdown. From these initial interviews, the hiring committee whittles down the pool of potential candidates, who must present to a faculty workshop, secure the recommendation of the hiring committee, and finally secure the approval of the faculty as a whole before they are hired. All the while, the hiring committee is careful to retain an equal number of male and female candidates, according to Law School professor David J. Barron ’89, chair of the entry-level committee.

The goal of having more female faculty members is “very much part of the consciousness, and consciousness matters,” said Barron, a former Crimson president. “There’s no reason that our faculty should not be more diverse.”

Despite this progress, Field said that gender stereotypes still remain in the Law School’s hiring process.

“The more you present yourself as the old traditional type, the more likely you are to get in,” Field said.

Field said that “for [the faculty] to take you seriously, it’s nice to have a good male subject, what they think of as hard law subjects”—constitutional law­, for instance. She said female applicants fare better when presenting a “‘touchy-feely’ subject”—for example, family law or other “soft law” topics.

Others, including professor John F. Manning ’82, chair of the lateral hiring committee, contested Field’s characterization of the hiring process, saying that they do not see any correlation between the topic presented during the workshop and a candidate’s ability to be hired.

“Some of the most successful presentations I’ve had have been on subjects that have been regarded as sort of soft law,” said Law School professor Alan M. Dershowitz, who said that his own subjects were typically regarded as softer. “I welcome more people in those subjects.”

The Law School has also taken steps to accommodate faculty members—both male and female—who want to balance both their personal life and their professional careers.

Law School professor David B. Wilkins ’77, who is an expert on gender issues in the legal profession, said that an important obstacle to women’s success is the simultaneous timing, in many cases, of pursuing a tenure-track position and choosing to raise a family.

To this end, Harvard Law School offers a parental leave program and allows faculty members to extend the period necessary to be considered for tenure, Minow said.

“I’m a woman, I’m a mother,” she said. “It’s a priority for me to allow people to have meaningful lives, work, and family.”

A GENDERED FEELING?

Before she came to Harvard in 2010, Law School professor Vicki C. Jackson taught and held associate deanships at Georgetown University Law Center. At Georgetown, she said, the more gender-balanced faculty created a remarkably different environment.

“It felt different just in terms of more women, more women at the workshops, and more women at the faculty,” she said, acknowledging that many other factors contributed to her perception.

For some professors like Jackson who have spent time at other law schools, Harvard’s gender disparity creates a distinct atmosphere around lunch tables and faculty workshops.

“For a variety of reasons, including the gender disparity, the faculty culture does have what I think scholars of this topic would describe as a masculine attitude, a way of presenting yourself and your arguments that has gender associations,” Law School professor Mark V. Tushnet ’67 said, adding that “assertive, outright statements” take precedence in faculty conversations.

Field said that as a result, engaging in faculty discussions becomes much more difficult for professors who are less outgoing.

“The first thing you have to learn how to do here is how to interrupt,” she said. “I think you’re considered smarter if you are showing off.”

Read the rest of the article, which includes range of opinions from a variety HLS faculty members on the question of gender disparity at Harvard Law School, here.

Related Situationist posts:

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The Stereotyped Situation of Dumb Jocks

Posted by The Situationist Staff on May 4, 2013

dumb jockFrom Michigan State News:

College coaches who emphasize their players’ academic abilities may be the best defense against the effects of “dumb jock” stereotypes, a Michigan State University study suggests.

Researchers found that student-athletes were significantly more likely to be confident in the classroom if they believed their coaches expected high academic performance, not just good enough grades to be eligible for sports.

“Coaches spend a lot of time with their players, and they can play such an important role to build academic confidence in student-athletes,” said lead author Deborah Feltz, University Distinguished Professor of kinesiology at MSU.

Published in the Journal of College Student Development, the study focused on the concept of “stereotype threat.” The theory holds that stereotypes are self-fulfilling prophecies: They create anxiety in the stereotyped group, causing them to behave in the expected way.

Feltz and her graduate students wanted to see what factors influence student-athletes’ susceptibility to the “dumb jock” stereotype.

“It’s well-documented in the literature that many student-athletes hear prejudicial remarks from professors who say things like, ‘This test is easy enough that even an athlete could pass it,’” Feltz said. “They’re kind of the last group of students who can be openly discriminated against.”

The researchers surveyed more than 300 student-athletes representing men’s and women’s teams from small and large universities and a range of sports, from basketball and football to cross-country and rowing.

They found the more strongly student-athletes identified themselves as athletes, the less confident they were with their academic skills, and the more keenly they felt that others expected them to do poorly in school. Players in high-profile sports were more likely to feel they were weak students.

Feltz said the data suggest that coaches who put a premium on education may be in the best position to boost their players’ confidence in the classroom, but professors, academic advisers and classmates also have a part to play.

“They don’t have to do much,” she said. “It may be enough to just remind players they are college students, which is a big deal, you know? A lot of these students are the first in their family to go to college.”

Related Situationist posts:

Image by Les Stockton.

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The Helpful Crisis in Psychology

Posted by The Situationist Staff on May 1, 2013

From The New Yorker, excerpts from an outstanding article by by :

According to the headlines, social psychology has had a terrible year—and, at any rate, a bad week. The New York Times Magazine devoted nearly seven thousand words to Diederik Stapel, the Dutch researcher who committed fraud in at least fifty-four scientific papers, while Nature just published a report about another controversy, questioning whether some well-known “social-priming” results from the social psychologist Ap Dijksterhuis are replicable. Dijksterhuis famously found that thinking about a professor before taking an exam improves your performance, while thinking about a soccer ruffian makes you do worse. Although nobody doubts that Dijksterhuis ran the experiment that he says he did, it may be that his finding is either weak, or simply wrong—perhaps the peril of a field that relies too heavily on the notion that if something is statistically likely, it can be counted on.

Things aren’t quite as bad as they seem, though. Although Natures report was headlined “Disputed results a fresh blow for social psychology,” it scarcely noted that there have been some replications of experiments modelled on Dijksterhuis’s phenomenon. His finding could still out turn to be right, if weaker than first thought. More broadly, social priming is just one thread in the very rich fabric of social psychology. The field will survive, even if social priming turns out to have been overrated or an unfortunate detour.

Even if this one particular line of work is under a shroud, it is important not to lose sight of the fact many of the old standbys from social psychology have been endlessly replicated, like the Milgram effect—the old study of obedience in which subjects turned up electrical shocks (or what they thought were electrical shocks) all the way to four hundred and fifty volts, apparently causing great pain to their subjects, simply because they’d been asked to do it. Milgram himself replicated the experiment numerous times, in many different populations, with groups of differing backgrounds. It is still robust (in hands of other researchers) nearly fifty years later. And even today, people are still extending that result; just last week I read about a study in which intrepid experimenters asked whether people might administer electric shocks to robots, under similar circumstances. (Answer: yes.)

More importantly, there is something positive that has come out of the crisis of replicability—something vitally important for all experimental sciences.

Read the rest of the article, including more about the importance of this shift toward encouraging replication, here.

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Nalini Ambady Needs Our Help

Posted by The Situationist Staff on April 29, 2013

Nalini Ambady has very little time to find a bone marrow match, but you can help! Spread the word and visit  www.NaliniNeedsYou.com for more information.

Posted in Altruism, Life | Leave a Comment »

Not Your Granparents’ Prejudice

Posted by The Situationist Staff on April 26, 2013

Blind Spot Book CoverFrom NPR’s Code Switch (by Shankar Vedantam) a story about Situationist Contributor Mahzarin Banaji and Situationist friend Tony Greenwald.

Harvard psychologist Mahzarin Banaji was once approached by a reporter for an interview. When Banaji heard the name of the magazine the reporter was writing for, she declined the interview: She didn’t think much of the magazine and believed it portrayed research in psychology inaccurately.

But then the reporter said something that made her reconsider, Banaji recalled: “She said, ‘You know, I used to be a student at Yale when you were there, and even though I didn’t take a course with you, I do remember hearing about your work.’ “

The next words out of Banaji’s mouth: “OK, come on over; I’ll talk to you.”

After she changed her mind, got to thinking. Why had she changed her mind? She still didn’t think much of the magazine in which the article would appear. The answer: The reporter had found a way to make a personal connection.

For most people, this would have been so obvious and self-explanatory it would have required no further thought. Of course, we might think. Of course we’d help someone with whom we have a personal connection.

For Banaji, however, it was the start of a psychological exploration into the nature and consequences of favoritism — why we give some people the kind of extra-special treatment we don’t give others.

In a new book, , Banaji and her co-author, Anthony Greenwald, a social psychologist at the University of Washington, turn the conventional way people think about prejudice on its head. Traditionally, Banaji says, psychologists in her field have looked for overt “acts of commission — what do I do? Do I go across town to burn down the church of somebody who’s not from my denomination? That, I can recognize as prejudice.”

Yet, far from springing from animosity and hatred, Banaji and Greenwald argue, prejudice may often stem from unintentional biases.

Take Banaji’s own behavior toward the reporter with a Yale connection. She would not have changed her mind for another reporter without the personal connection. In that sense, her decision was a form of prejudice, even though it didn’t feel that way.

Now, most people might argue such favoritism is harmless, but Banaji and Greenwald think it might actually explain a lot about the modern United States, where vanishingly few people say they hold explicit prejudice toward others but wide disparities remain along class, and gender lines.

Anthony Greenwald is a social psychologist and a professor at the University of Washington.

Jean Alexander Greenwald/Delacorte Press

The two psychologists have revolutionized the scientific study of prejudice in recent decades, and their — which measures the speed of people’s hidden associations — has been applied to the practice of , law and other fields. Few would doubt its impact, including . (I’ve written about and Greenwald’s work before, in this and in my 2010 book, .)

“I think that kind of act of helping towards people with whom we have some shared group identity is really the modern way in which discrimination likely happens,” Banaji says.

In many ways, the psychologists’ work mirrors the conclusion of another recent book: In , sociologist asks how it is that few people report feeling racial prejudice, while the United States still has enormous disparities. Discrimination today is less about treating people from other groups badly, DiTomaso writes, and more about giving preferential treatment to people who are part of our “in-groups.”

The insidious thing about favoritism is that it doesn’t feel icky in any way, Banaji says. We feel like a great friend when we give a buddy a foot in the door to a job interview at our workplace. We feel like good parents when we arrange a class trip for our daughter’s class to our place of work. We feel like generous people when we give our neighbors extra tickets to a sports game or a show.

In each case, however, Banaji, Greenwald and DiTomaso might argue, we strengthen existing patterns of advantage and disadvantage because our friends, neighbors and children’s classmates are overwhelmingly likely to share our own racial, religious and socioeconomic backgrounds. When we help someone from one of these in-groups, we don’t stop to ask: Whom are we not helping?

Banaji tells a story in the book about a friend, , now a professor at Northeastern University. . . .

Read or listen to the rest of the story here.

Related Situationist posts:

Go to Project Implicit here.  Take the Policy IAT here.

To review all of the previous Situationist posts discussing implicit associations click on the “Implicit Associations” category in the right margin, or, for a list of such posts, click here.

Learn more about the book, Blind Spot, here.

Posted in Book, Implicit Associations, Life, Marketing, Situationist Contributors, Social Psychology | Leave a Comment »

Julie Nelson – Today

Posted by The Situationist Staff on April 25, 2013

Julie Nelson

Dr. Julie Nelson will speak at Harvard Law School today.  She is the Department Chair, Professor of Economics, at the University of Massachusetts Boston.  Please join us.

Julie Nelson currently conducts research on feminism and economics, with special interests in methodology and in implications for social and environmental policies. She has served as a Research Economist at the U.S. Bureau of Labor Statistics, an Assistant and Associate Professor of Economics at the University of California-Davis, an Associate Professor of Economics at Brandeis University, a Visiting Associate Professor at Harvard University, a Fellow at the Center for the Study of Values in Public Life at Harvard Divinity School, and as the Visiting Sowell Professor of Economics at Bates College. Nelson is the author or co-author of several books, and of articles in journals ranging from Econometrica and the Journal of Political Economy, to Signs: Journal of Women in Culture and Society and Ecological Economics. She is an Associate Editor of the journal Feminist Economics.  Professr Nelson is the author of Economics for Humans (2006) and Feminism, Objectivity, and Economics (1996), and co-author of several other books and textbooks. She has published many journal articles on topics which include the teaching of economics and the empirical analysis of household spending.

View Professor Nelson’s website.

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The Interior Situation of the Climate Change Skeptic

Posted by The Situationist Staff on April 23, 2013

global warming from davidllorito.blogspot.com/search/label/governanceFrom the APS Observer, an article by Situationist Contributor John T. Jost and Erin P. Hennes

A multitude of environmental scientists, among others, worry that future generations will look back at the present era as one in which the human race could have — and should have —taken decisive action to prevent (or at least mitigate) the most menacing costs associated with global climate change. According to public opinion surveys, however, only 38 percent of Americans believe that global warming will seriously affect them or their way of life (Newport, 2012), and 42 percent continue to believe that global warming claims are “generally exaggerated” (Saad, 2012). When it comes to beliefs about climate change, men are more skeptical than women, and political conservatives are more skeptical than liberals. In a Gallup survey conducted in 2010, 42 percent of men and only 30 percent of conservatives agreed that “effects of global warming are already occurring,” as compared to 56 percent of women and 74 percent of liberals (Jones, 2010; see also McCright & Dunlap, 2011).

In a recent book, the philosopher Stephen Gardiner (2011) argues that environmental inaction is the consequence of a “perfect moral storm.” Specifically, he points to the conjunction of three unfortunate causes: 1) a tendency for the richer nations of the world to foist the burden of environmental risks upon poorer nations; 2) the present generation’s temptation to defer the costs of the crisis to future generations; and 3) pervasive ignorance concerning science, ethics, international justice, and the interdependence of life. Gardiner writes that the last factor “not only complicates the task of behaving well, but also renders us more vulnerable to the first two storms” (p. 7). Gardiner provides an astute analysis of the problem of environmental inaction, but he overlooks the possibility that climate change denial may not merely result from ignorance. Rather, many members of the public may possess a relatively strong motivation to deny and minimize environmental realities. Specifically, our research team has found that the social psychological motivation to defend, bolster, and justify aspects of the status quo — what we refer to as system justification (see, e.g., Jost, Banaji, & Nosek, 2004) — contaminates the public’s understanding of anthropogenic climate change.

In research published in 2010, we discovered that individuals who score higher on Kay and Jost’s (2003) General System Justification scale (which measures responses to statements such as “Most policies serve the greater good,” and “In general, the American political system operates as it should”) exhibit greater denial of environmental problems and vulnerabilities. Furthermore, system justification statistically mediates the effects of gender and political ideology on support for the environment. That is, men and conservatives are more likely than women and liberals to believe that American society is fair and legitimate, and these differences in system justification explain, at least in part, why they are so skeptical about climate change and are reluctant to take pro-environmental action (Feygina, Jost, & Goldsmith, 2010; see also Feinberg & Willer, 2011).

More recently, we have conducted a series of studies corroborating the hypothesis that system justification motivates skepticism about climate change. Specifically, we have found that the denial of environmental problems is facilitated by information-processing distortions associated with system justification that affect evaluation, recall, and even tactile perception (Hennes, Feygina, & Jost, 2011). In one study, we found that individuals who scored higher (vs. lower) on Jost and Thompson’s (2000) Economic System Justification scale (which measures responses to such statements as “If people work hard, they almost always get what they want,” and “It is unfair to have an economic system which produces extreme wealth and extreme poverty at the same time,” reverse-scored) found messages disparaging the case for global warming to be more persuasive, evaluated the evidence for global warming to be weaker, and expressed less willingness to take action to curb global warming.

In a second study, we extended these findings by demonstrating that motivated processing biases recall of information about climate change. Specifically, we exposed research participants to clips from a televised newscast and later asked them to recall details from the program and to evaluate scientific evidence concerning climate change. Once again, we found that high system-justifiers evaluated the quality of the evidence to be weaker, were less likely to believe that climate change is occurring, and viewed it as a less important policy issue, in comparison with low system-justifiers. High system-justifiers also recalled the information to which they had been exposed as less serious (i.e., remembering smaller increases in global temperatures, lower sea levels, and less reliable historical data concerning climate change) than did low system-justifiers. Poorer recall was associated with skepticism about climate change. Thus, individuals who misremembered the evidence provided in the video to be less severe were less likely to support efforts to address climate change.

In an experimental investigation, we demonstrated that temporarily activating system-justification motivation produced memory biases and exacerbated skepticism about global climate change. More specifically, we adapted a system-dependence manipulation developed by Kay, Gaucher, Peach et al. (2009; see also Shepherd & Kay, 2012) and found that when people were led to believe that the political system exerted a strong (vs. weak) impact on their life circumstances, they were more likely to misremember details from a newspaper article they read earlier in the session. Importantly, all of the memory errors were in a system-exonerating direction: The proportion of man-made carbon emissions was recalled as being less than actually reported, and the scientists who reported errors in the much-maligned 2007 report by the Intergovernmental Panel on Climate Change were misidentified as skeptics rather than believers in anthropogenic climate change (Hennes et al., 2011).

We have discovered that system-justification motivation can even affect perceptions of ambient temperature. Our research assistants approached pedestrians in New York’s Washington Square Park during the summer months and asked them a series of questions, including their estimates of the temperature outside. Individuals who scored high on system justification or who were assigned to a high system-dependence condition reported that the current temperature was significantly lower than did individuals who scored low on system justification or who were assigned to a low system-dependence condition. These findings suggest that people may be motivated to feel (or not feel) the evidence of global warming when system-justification needs are either chronically or temporarily heightened.

Berkeley physicist Richard Muller, a former skeptic of anthropogenic climate change, made headlines last summer when he declared that not only is climate change real, but that “humans are almost entirely the cause” (Muller, 2012). If catastrophic events like Hurricane Sandy become more common, they may shift hearts and minds, albeit slowly. Given economic and other crises facing the nation (many of which probably exacerbate system-justification motivation), it still remains to be seen whether Americans and their elected officials will follow suit in embracing the scientific consensus. Climate change was a non-issue during the 2012 election campaign, and President Obama (2013) was criticized resoundingly by Senator Marco Rubio and other conservatives for emphasizing the issue in his most recent State of the Union speech. Suffice it to say that neither politicians nor the voters who back them appreciate the suggestion that the opinions they hold are motivated, even in part, by social and psychological factors that are probably outside of their awareness. American society and many others have yet to find a way of allowing the facts — scientific and otherwise — to trump special interests, political posturing, and motivated reasoning when it comes to the development of public policy. But that doesn’t mean we should stop trying.

References and Further Reading:

Carroll, J. (2007). Public: Iraq war still top priority for President and Congress. Gallup Poll. Retrieved April 9, 2007, from http://www.galluppoll.com/content/?ci=27103&pg=1

Feinberg, M., & Willer, R. (2011). Apocalypse soon? Dire messages reduce belief in global warming by contradicting just world beliefs. Psychological Science, 22, 34–38.

Feygina, I., Jost, J. T., & Goldsmith, R. (2010). System justification, the denial of global warming, and the possibility of “system-sanctioned change.” Personality and Social Psychology Bulletin. 36, 326–338.

Hennes, E. P., Feygina, I., & Jost, J. T. (2011). Motivated evaluation, recall, and tactile perception in the service of the system: The case of anthropogenic climate change. Paper presented at the Princeton University Conference on Psychology and Policymaking, Princeton, NJ.

Jones, J. M. (2010). Conservatives’ doubts about global warming grow. Gallup Poll. Retrieved August 14, 2012, from http://www.gallup.com/poll/126563/conservatives-doubts-global-warming-grow.aspx

Jost, J. T., Banaji, M. R., Nosek, B. A. (2004). A decade of system justification theory: Accumulated evidence of conscious and unconscious bolstering of the status quo. Political Psychology, 25, 881–919.

Jost, J. T., & Thompson, E. P. (2000). Group-based dominance and opposition to equality as independent predictors of self-esteem, ethnocentrism, and social policy attitudes among African Americans and European Americans. Journal of Experimental Social Psychology, 36, 209–232.

Kay, A. C., & Jost, J. T. (2003). Complementary justice: Effects of “poor but happy” and “poor but honest” stereotype exemplars on system justification and implicit activation of the justice motive. Journal of Personality and Social Psychology, 85, 823–837.

McCright, A. M., & Dunlap, R. E. (2011). Cool dudes: The denial of climate change among conservative white males in the United States. Global Environmental Change, 21, 1163–1172.

Muller, R. A. (2012, July 30). The conversion of a climate-change skeptic. New York Times, p. A19.

Newport, F. (2012). Amercans’ worries about global warming up slightly. Gallup Poll. Retrieved January 28, 2013, from http://www.gallup.com/poll/153653/Americans-Worries-Global-Warming-Slightly.aspx

Obama, B. (2012). State of the union address. Retrieved March 6, 2013, from http://www.nytimes.com/2013/02/13/us/politics/obamas-2013-state-of-the-union-address.html?pagewanted=1&_r=2

Saad, L. (2012). In U.S., global warming views steady despite warm winter. Gallup Poll. Retrieved January 28, 2013, from http://www.gallup.com/poll/153608/Global-Warming-Views-Steady-Despite-Warm-Winter.aspx

Shepherd, S., & Kay, A. C. (2012). On the perpetuation of ignorance: System dependence, system justification, and the motivated avoidance of sociopolitical information. Journal of Personality and Social Psychology, 102, 264–80.

Related Situationist posts:

Posted in Environment, Ideology, Politics, Public Policy, Situationist Contributors, Social Psychology, System Legitimacy | 2 Comments »

Frontier Torts Website

Posted by The Situationist Staff on April 21, 2013

Frontier Torts Logo

Announcing the Frontier Torts Website

In the fall of 2012, the 80 first-year Harvard Law students in Section 6 researched, discussed, debated, and proposed policy solutions to several important policy problems:

  1. Football Concussions
  2. Native American Alcoholism (in Whiteclay, Nebraska)
  3. Bullying

Their work was heavily influenced by situationism and should be of particular interest to readers of this blog. You can learn more about the project, view presentations, and download white papers at the Frontier Torts website.

Posted in Pedagogy | Leave a Comment »

Posts on the Situation of Evil

Posted by The Situationist Staff on April 19, 2013

Evil Disposition

For readers interested in previous posts about the situation of evil behavior, here are links to a sample:

Posted in Social Psychology | Leave a Comment »

Confronting Evil Conference – postponed

Posted by The Situationist Staff on April 19, 2013

Confronting Evil_0

In what is horrible irony, today’s session of the Confronting Evil Conference has been postponed until tomorrow morning at 8:30. Harvard University is itself closed because of the ongoing public safety situation. Regarding the conference, please check here for further updates.

Confronting Evil Poster

Confronting Evil Poster

Posted in Events | Leave a Comment »

The Boston Bombings and the Cognitive Limits of Empathy

Posted by The Situationist Staff on April 17, 2013

Boston Marathon 2013

From Situationist friend and Harvard Law School 3L, Kate Epstein, an essay about Monday’s tragedy:

As I hear reactions to the bombings at the marathon on Monday, I find myself agreeing with Glenn Greenwald’s column in The Guardian, titled “The Boston bombing produces familiar and revealing reactions: As usual, the limits of selective empathy, the rush to blame Muslims, and the exploitation of fear all instantly emerge.” Particularly interesting to me are our cognitive limits, as humans, when it comes to empathy. Greenwald writes:

The widespread compassion for yesterday’s victims and the intense anger over the attacks was obviously authentic and thus good to witness. But it was really hard not to find oneself wishing that just a fraction of that compassion and anger be devoted to attacks that the US perpetrates rather than suffers. These are exactly the kinds of horrific, civilian-slaughtering attacks that the US has been bringing to countries in the Muslim world over and over and over again for the last decade, with very little attention paid.

I felt the same way in the aftermath of Monday’s events, but I can also empathize with those who do care more–or at least feel it in a more real way–when the victims of a random act of violence are white, close to home, and so obviously innocent. “They, unlike the countless non-white, non-American casualties of the War on Terror, are– for me and many around me–part of our in-group, and our minds actually function in a way that makes us much more easily empathize with them.”

Studies have shown that parts of our brain associated with empathy and emotion are more likely to be activated when we observe someone of our own race, as opposed to an out-group member, in pain. This makes sense given research on unconscious bias using implicit association tests, which have been shown to predict real-life behavior outside of the lab.

The good news is that our automatic attitudes are sometimes malleable. Awareness of the differences between our egalitarian values and our implicit attitudes can induce emotional reactions that can motivate behavioral changes and help us be the empathetic and altruistic people we hope to be. On the other hand, lack of awareness combined with an inundation of negative images and stereotypes from commercial media and popular culture can reinforce implicit biases, underscoring the need for education and self-awareness.

In a world with so much violence and pain, it makes sense that we simply could not feel deeply empathetic every time a human being is injured or killed. We rightly feel intense moral outrage that someone would senselessly harm innocent people gathered in Boston yesterday, and yet we do not so easily empathize with victims of drone strikes in Pakistan, most of whom see the bombings as just as random and senseless, against victims just as innocent.

We should forgive ourselves for exhibiting these cognitive limits–after all, we are only human. But we should recognize, in these moments when we do so easily feel sorrow, anger, and compassion, those events which do not normally elicit those emotions, and force ourselves to grapple with the consequences of that fact. When we read dry, mundane news reports about human suffering, when we (rarely) hear body counts of the War on Terror (such as the estimated 122,000 violent, civilian deaths in Iraq thus far), when we are made aware of the latest unnamed drone victims in North Waziristan, let’s try to channel the empathy events like this make us feel, and then let’s turn that empathy into action.

Related Situationist posts:

The Situationist has a series of posts devoted to highlighting some of situational sources of war. Part I and Part II of the series included portions of an article co-authored by Daniel Kahneman and Jonathan Renshon, titled “Why Hawks Win.” Part III reproduced an op-ed written by Situationist friend Dan Gilbert on July 24, 2006. Part IV and Part V in this series contained the two halves of an essay written by Situationist Contributor, Jon Hanson within the week following 9/11. Part VI contains an op-ed written by Situationist Contributor John Jost on October 1, 2001, “Legitimate Responses to Illegitimate Acts,” which gives special emphasis to the role of system justification. Part VII includes a video entitled “Resisting the Drums of War.” The film was created and narrated by psychologist Roy J. Eidelson, Executive Director of the Solomon Asch Center at the University of Pennsylvania.

To review a larger sample of posts on the causes and consequences of human conflict, click here.

Posted in Altruism, Conflict, Emotions, Implicit Associations, Social Psychology | 2 Comments »

Frontier Tort – Selling Beer in Whiteclay

Posted by The Situationist Staff on April 15, 2013

Alcoholism Cover Small

At Harvard Law School in the fall of 2012, the 80 students in Professor Hanson’s situationist-orient torts class participated in an experimental group project in their first-year torts class. The project required students to research, discuss, and write a white paper about a current policy problem for which tort law (or some form of civil liability) might provide a partial solution.  Their projects, presentations, and white papers were informed significantly by the mind sciences. You can read more about those projects, view the presentations, and download the white papers at the Frontier Torts website.

One of the group projects involved the sale of alcohol to members of the Oglala Sioux in Whiteclay Nebraska outside the Pine Ridge Indian Reservation. Here’s the Executive Summary of the white paper.

Native American Alcoholism: A Frontier Tort

Executive Summary


Since its introduction into Native American communities by European colonists, alcohol has plagued the members of many tribes to a disastrous extent. The Oglala Sioux of Pine Ridge have especially suffered from alcoholism, enabled and encouraged by liquor stores just outside the reservation’s borders. Despite the complexities of this situation, media outlets have often reduced it to a pitiable image of dirty, poor Native Americans, degraded by the white man’s vice.

Upon further analysis, however, it becomes evident that there are a variety of factors influencing the situation of Native American alcoholism. While neurobiological, psychological, and genetic factors are often thought to offer plausible internal situational explanations as to why Native Americans suffer so much more potently from this disease than the rest of the nation, high levels of poverty in Native American communities, a traumatic and violent history, and informational issues compound as external situational factors that exacerbate the problem.

Unfortunately, the three major stakeholders in this situation (the alcohol industry, the State of Nebraska, and the Native Americans) have conflicting interests, tactics, and attribution modes that clash significantly in ways that have prevented any meaningful resolution from being reached. However, there are a variety of federal, state, and tribal programs and initiatives that could potentially resolve this issue in a practical way, so long as all key players agree to participate in a meaningful, collaborative effort.

The key to implementation of these policy actions is determining who should bear the costs they require: society as a whole through the traditional federal taxes, the alcohol companies through tort litigation, or the individuals who purchase the alcohol through an alcohol sales tax. Ultimately, an economic analysis leads to the conclusion that liability should be placed upon the alcohol companies and tort litigation damages should fund the suggested policy initiatives.

You can watch the related presentations and download the white paper here.

Related Situationist posts:

Posted in Deep Capture, Food and Drug Law, History, Marketing, Morality, Neuroscience, Politics, Situationist Contributors | Leave a Comment »

Deep Capture Conference! – Tomorrow (Saturday)

Posted by The Situationist Staff on April 12, 2013

2013 Conference Header

On April 13, 2013 the Project on Law and Mind Sciences and the National Lawyers Guild are co-hosting a conference titled “Deep Capture: Psychology, Public Relations, Democracy, and Law” at Harvard Law School.  Details here.

Here is the information about our speakers:

noam

Noam Chomsky is the Institute Professor in the Department of Linguistics and Philosophy at MIT. He has not only made groundbreaking discoveries and insights in the field of linguistics, but has also become one of the most articulate and passionate critics of American foreign policy in the 20th and 21st centuries. He has written and lectured widely on linguistics, philosophy, propaganda, intellectual history, contemporary issues, international affairs and U.S. foreign policy, and is the co-author with Edward S. Herman of Manufacturing Consent: The Political Economy of the Mass Media (1988). He has been called “the most important intellectual alive today,” one of the “makers of the 20th century,” and “the foremost gadfly of our national conscience.”

ewen

Stuart Ewen is the Distinguished Professor of History and Sociology at the CUNY Graduate Center and of Film and Media Studies at Hunter College. He is the author of influential books on the history of consumer society, visual culture, propaganda and modernity, including PR! A Social History of Spin, All Consuming Images: On the Politics of Style in Contemporary Culture, Captains of Consciousness: Advertising and the Social Roots of the Consumer Culture and, with Elizabeth Ewen, Channels of Desire: Mass Images and the Shaping of American Consciousness and Typecasting: On the Arts & Sciences of Human Inequality.

Francesca Gino

Francesca Gino is an associate professor of business administration in the Negotiation, Organizations & Markets Unit at Harvard Business School. She is also formally affiliated with the Program on Negotiation at Harvard Law School and with the Mind, Brain, Behavior Initiative at Harvard. Her research focuses on judgment and decision-making, negotiation, ethics, motivation, productivity, and creativity. Her studies have been featured in The Economist, The New York Times, Newsweek, Scientific American, Psychology Today, and The Wall Street Journal, and her work has been discussed on National Public Radio and CBS Radio.

S_Jhally

Sut Jhally is Professor of Communication at the University of Massachusetts at Amherst and Founder and Executive Director of the Media Education Foundation (MEF). He is one of the world’s leading scholars looking at the role played by advertising and popular culture in the processes of social control and identity construction. The author of numerous books and articles on media (including The Codes of Advertising and Enlightened Racism), he is also an award-winning teacher. He is best known as the producer and director of a number of films and videos (including Dreamworlds: Desire/Sex/Power in Music Video; Tough Guise: Media, Violence and the Crisis of Masculinity; and Hijacking Catastrophe: 9/11, Fear & the Selling of American Empire) that deal with issues ranging from gender, sexuality and race to commercialism, violence and politics. Born in Kenya, raised in England, educated in graduate studies in Canada, he currently lives in Northampton, Massachusetts.

Jon Hanson

Jon Hanson is the Alfred Smart Professor of Law at Harvard Law School, where he has taught since 1992 and won several teaching awards. His scholarship melds social psychology, social cognition, economics, history, and law. Ten years ago Hanson and David Yosifon identified the problem of “deep capture” in their article, The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture, 152 U. Penn. L. Rev. 129 (2003) (download here). Hanson’s recent scholarship includes the 2012 book, Ideology, Psychology, and Law (Oxford University Press, website). Hanson is the Director of The Project on Law and Mind Sciences at Harvard Law School and a co-creator and a contributor to The Situationist blog (both accessible at www.lawandmind.com).

linn

Susan Linn is an Instructor in Psychiatry at Harvard Medical School. She has written extensively about the effects of media and commercial marketing on children. Her articles have appeared in the Boston Globe, the Christian Science Monitor, the Los Angeles Times, and The Washington Post and her commentaries can be heard on NPR’s Marketplace. Her books include Consuming Kids: The Hostile Takeover of Childhood and The Case for Make-Believe: Saving Play in a Commercialized World. Dr. Linn is a co-founder and director of the national coalition Campaign for a Commercial-Free Childhood. In 2000, she was appointed to the American Psychological Association’s Task Force on Advertising to Children. She has been featured on Sixty Minutes, Now with Bill Moyers, World News Tonight, Dateline, and in the acclaimed film, The Corporation.

mcgarity_thomas

Thomas McGarity is a leading scholar in the fields of administrative law, environmental law, and torts. He has written six influential books, including his most recent, Freedom to Harm: The Lasting Legacy of the Laissez Faire Revival (Yale University Press, 2013). While in academia, McGarity has served as a consultant and/or advisor to many federal and state agencies. Professor McGarity has been an active participant in efforts to improve health, safety and environmental quality in the United States. He has testified before many congressional committees on environmental, administrative law, preemption of state tort laws in cases involving medical devices, and occupational safety and health issues.

niman

Michael Niman is a Professor of Journalism and Media Studies at Buffalo State College and a syndicated columnist whose work has earned him two Project Censored awards. Niman, a trained ethnographer, is author of People of the Rainbow: A Nomadic Utopia, an ethnography of a nomadic utopian society stemming from qualitative research conducted in Pennsylvania, Wyoming, Minnesota, Vermont, Missouri, New York, California and Quebec, Canada. Niman’s research agenda currently focuses on propaganda, the impact of consumer culture, temporary autonomous zones, nonviolent conflict resolution and nonhierarchical societies and movements. Niman formerly worked as a journalist based in Costa Rica and has conducted fieldwork around the world. Niman is the recipient of the SUNY Chancellor’s Award for Excellence in Teaching.

Stauber

John Stauber is the founder of the non-profit, non-partisan Center for Media and Democracy (CMD), the only public interest and journalism organization dedicated to exposing organized corporate and government propaganda and its impacts on democracy, public information and democratic social change. He is an independent investigative writer, activist and a consultant, and has co-authored six books, including his 1995 tour de force Toxic Sludge Is Good For You! Lies, Damn Lies and the Public Relations Industry and the 2003 New York Times bestseller Weapons of Mass Deception: The Uses of Propaganda in Bush’s War on Iraq. He has begun or worked with many public interest and community groups over the past four decades.

Posted in Deep Capture, Events | 1 Comment »

 
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