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2021 ◽  
Author(s):  
Lauren Eskreis-Winkler ◽  

How many times have you heard that failure is a “teachable moment”? That you learn more from failure than success? In a 2017 commencement speech, U.S. Supreme Court Chief Justice John Roberts actually wished the graduating class “bad luck,” so they'd have something to learn from.  Yet my colleague Ayelet Fishbach and I find that failure has the opposite effect: It thwarts learning. In a recent study, we presented over 300 telemarketers with a quiz. The telemarketers answered 10 questions on customer service, each with two possible responses (i.e., “How many dollars do U.S. companies spend on customer service each year?” The answer choices: 60 billion or 90 billion).  The telemarketers received success feedback on questions they guessed right (“You are correct!”) and failure feedback on the ones they guessed wrong (“You are incorrect!”). However, since each question had just two options, they could have learned the right answer from success or failure.

2008 ◽  
Vol 29 ◽  
pp. 253-270 ◽  
Author(s):  
Kevin J. McMahon

Following the retirement of Justice Sandra Day O’Connor and the death of Chief Justice William Rehnquist in the summer of 2005, President George W. Bush appeared to be in alliance with conservatives in his desire to fill the two vacancies with strong ideologues who would push the Supreme Court to the right. However, after pleasing conservatives with his selection of John Roberts for one of the vacancies, President Bush angered many of his ideological brethren by choosing White House counsel Harriet Miers for the other. This article considers why the president decided on Miers and why her selection upset so many conservatives. It concludes by suggesting that Miers’s forced withdrawal represented a highpoint in the conservative effort to transform the Court.


2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.


1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”


2012 ◽  
Vol 25 (0) ◽  
pp. 222 ◽  
Author(s):  
Michael J. Proulx ◽  
Achille Pasqualotto ◽  
Shuichiro Taya

The topographic representation of space interacts with the mental representation of number. Evidence for such number–space relations have been reported in both synaesthetic and non-synaesthetic participants. Thus far most studies have only examined related effects in sighted participants. For example, the mental number line increases in magnitude from left to right in sighted individuals (Loetscher et al., 2008, Curr. Biol.). What is unclear is whether this association arises from innate mechanisms or requires visual experience early in life to develop in this way. Here we investigated the role of visual experience for the left to right spatial numerical association using a random number generation task in congenitally blind, late blind, and blindfolded sighted participants. Participants orally generated numbers randomly whilst turning their head to the left and right. Sighted participants generated smaller numbers when they turned their head to the left than to the right, consistent with past results. In contrast, congenitally blind participants generated smaller numbers when they turned their head to the right than to the left, exhibiting the opposite effect. The results of the late blind participants showed an intermediate profile between that of the sighted and congenitally blind participants. Visual experience early in life is therefore necessary for the development of the spatial numerical association of the mental number line.


2003 ◽  
Vol 29 (1) ◽  
pp. 45-76
Author(s):  
Rob McStay

In 1997, the U.S. Supreme Court tacitly endorsed terminal sedation as an alternative to physician-assisted suicide, thus intensifying a debate in the legal and medical communities as to the propriety of terminal sedation and setting the stage for a new battleground in the “right to die” controversy. Terminal sedation is the induction of an unconscious state to relieve otherwise intractable distress, and is frequently accompanied by the withdrawal of any life-sustaining intervention, such as hydration and nutrition. This practice is a clinical option of “last resort” when less aggressive palliative care measures have failed. Terminal sedation has also been described as “the compromise in the furor over physician-assisted suicide.”Medical literature suggests that terminal sedation was a palliative care option long before the Supreme Court considered the constitutional implications of physician-assisted suicide. Terminal sedation has been used for three related but distinct purposes: (1) to relieve physical pain; (2) to produce an unconscious state before the withdrawal of artificial life support; and (3) to relieve non-physical suffering.


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