Narrative, Truth, and Trial

This Article critically evaluates the relationship between constructing narratives and achieving factual accuracy at trials. The story model of adjudication— according to which jurors process testimony by organizing it into competing narratives—has gained wide acceptance in the descriptive work of social scientists and currency in the courtroom, but it has received little close attention from legal theorists. The Article begins with a discussion of the meaning of narrative and its function at trial. It argues that the story model is incomplete, and that “legal truth” emerges from a hybrid of narrative and other means of inquiry. As a result, trials contain opportunities to promote more systematic consideration of evidence. Second, the Article asserts that, to the extent the story model is descriptively correct with respect to the structure of juror decision making, it also gives rise to normative concerns about the tension between characteristic features of narrative and the truth-seeking aspirations of trial. Viewing trials through the lens of narrative theory brings sources of bias and error into focus and suggests reasons to increase the influence of analytic processes. The Article then appraises improvements in trial mechanics—from prosecutorial discovery obligations through appellate review of evidentiary errors—that might account for the influence of stories. For example, a fuller understanding of narrative exposes the false assumption within limiting instructions that any piece of evidence exists in isolation. And to better inform how adjudicators respond to stories in the courtroom, the Article argues for modifying instructions in terms of their candor, explanatory content, and timing

Making sense of tragedy: the ‘reputational’ antecedents of a hospital disaster

This article explores the workings of Reputational Dialogues (RD) (as a form of organizational discourse); within the setting of a UK NHS hospital that has encountered disaster. The disaster in question took place at the Bristol Royal Infirmary (BRI), circa 1984-1995; and is thought to have incurred the deaths of 34 ‘special heart babies’. The article explores patterns of RD utilization associated with the tragedy. Transcripts from the hearings of an inquiry into the disaster are used to access these patterns– if within specific limits and constraints that are discussed in the article. The article seeks to comment on the workings of RDs within the BRI disaster setting and considers, tentatively, how these dialogues may have helped to institutionalize dominant and (counter-cultural beliefs) about the BRI and its reputation as a provider of cardiovascular care to young children. Overall, the article contributes to organization theory by beginning the process of observing the institutionalization of RD and its by-products, as organizational phenomena

Knowledge structuring-Knowledge domination. Two interrelated concepts

“Sociology for me is not only about the big institutions, such as governments, organizations, business firms or societies as a whole. It is very much about the individual and our individual experiences. We come to understand ourselves much better through grasping the wider social forces that influence our lives.” ( Anthony Giddens, published at www.polity.co.uk, a leading social science and humanities publisher. ) This quotation helps identify one reason for integrating ideas about knowledge management with concepts from Anthony Giddens structuration theory in the theoretical framework that I use as an analytical tool in this research. Structuration theory concerns itself with the “social forces that influence our lives” and these forces interest me. In the same article Giddens continuous: ”We live in a world of quite dramatic change…There are three major sets of changes happening in contemporary societies and it is the task of sociology to analyze what they mean for our lives today. First there is globalisation….The second big influence is that of technological change. Information technology is altering many of the ways in which we work and in which we live. The nature of the jobs people do, for example, has been transformed….The third fundamental set of changes is in our everyday lives. Our lives are structured less by the past than by our anticipated future”. In this paper I agure that there is a continous structuring going on in society. I therefore concern myself with a pair of twin concepts that are interrelated. The first one is knowledge structuring; the second is knowledge domination. These two concepts are of vital importance when trying to understand, assess and monitor implications of transformations of work processes and tools at work.Knowledge structuring; knowledge domination; knowledge management; structuration theory; cognitive theories; transformations; information technology; globalisation.

Case Managers’ Lived Experiences Working with Trauma Victims

The purpose of this qualitative, phenomenological study was to explore and understand how case managers’ (CMs’) experiences listening to trauma stories of trauma victims affects them personally and professionally and what strategies they use to cope with hearing these stories. Constructivist self-development theory provided a framework for understanding the development of vicarious trauma in mental health workers. The central question and subquestions were developed to address the identified problem and purpose of the study, asking how CMs describe their experiences, how hearing trauma stories impacts CMs, and how CMs cope with their experiences of hearing trauma stories of trauma victims. Eight CMs from Western New York participated after meeting the inclusion criteria: a minimum 5 years’ experience working in community-based programs with non-for-profit agencies, work with clients with a trauma history, and minimal training in trauma related treatments. Data were analyzed based on Moustakas’s methods, and statements were synthesized into themes providing a description of the phenomena. Key themes included frequency of hearing trauma stories, the role of the CM, becoming desensitized, supportive supervisor, and a supportive work environment. The potential impact from this study for positive social change is a broader definition of vicarious trauma, which may allow for further theorizing of vicarious trauma

Making sense of tragedy: the ‘reputational’ antecedents of a hospital disaster

This article explores the workings of Reputational Dialogues (RD) (as a form of organizational discourse); within the setting of a UK NHS hospital that has encountered disaster. The disaster in question took place at the Bristol Royal Infirmary (BRI), circa 1984-1995; and is thought to have incurred the deaths of 34 ‘special heart babies’. The article explores patterns of RD utilization associated with the tragedy. Transcripts from the hearings of an inquiry into the disaster are used to access these patterns– if within specific limits and constraints that are discussed in the article. The article seeks to comment on the workings of RDs within the BRI disaster setting and considers, tentatively, how these dialogues may have helped to institutionalize dominant and (counter-cultural beliefs) about the BRI and its reputation as a provider of cardiovascular care to young children. Overall, the article contributes to organization theory by beginning the process of observing the institutionalization of RD and its by-products, as organizational phenomena.Reputation effects; the medical profession; organizational crisis; institutionalization; discourse analysis

Ethics in Academic Advising: A Grounded Theory of Ethical Practice

Academic advisors encounter ethical dilemmas and tensions in their work with students and with their institutions. The scholarly literature in the field provides various normative insights to guide practice. Moreover, advisors must grapple with ethical practice as advising emerges as a profession. In the existing literature, scholars ask whether or not an ethical code is necessary and desirable in order to fully emerge as a profession. In order to frame such a code, a deeper understanding of the ethical tensions in advising and how advisors understand and respond to those tensions is necessary. Additionally, a dearth of studies report on descriptive ethics. Although the existing literature on ethics in advising answers the question of what ought to happen when advisors face ethical tensions, it does not provide clear insights into how these advisors make decisions when faced with ethical dilemmas This qualitative grounded theory study examines how primary role academic advisors working in large state university systems engage in ethical practice. In my analysis, I propose a four-phase cyclical model of pre-encounter, encounter, discernment, and response. Each phase highlights discrete but interconnected themes grounded in the data from semi-structured interviews with twelve primary role advisors. Finally, I provide recommendations for practitioners and scholars to implement this understanding of how primary role advisors understand and engage in ethical practice

So there we were-- : the stories told by chief petty officers in the United States Navy, explored through a complexity lens

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Family, Ancestry and Self: What is the Moral Significance of Biological Ties

In a series of recent papers David Velleman has argued that it is morally wrong to bring a child into existence with the intention that the child will not have contact with one or both biological parents. (Velleman, 2005, 2008) Put another way, “other things being equal, children should be raised by their biological parents.” (Velleman, 2005 362fn 3) The primary targets of his argument are those who use anonymous donor egg or sperm to conceive a child. On his view, there is a significant value in being parented by and having ongoing contact with one’s biological relatives. “What is most troubling about gamete donation is that it purposely severs a connection of the sort that normally informs a person’s sense of identity, which is composed of elements that must bear emotional meaning, as only symbols and stories can.” (Velleman, 2005 363) Let’s be clear. He is not just interested in the possibility of having information about one’s biological progenitors, but actual knowledge by acquaintance. So the kind of profile that is typically made available by gamete donors or in closed adoptions is insufficient, and even information that is revealed through open records is not enough. A face-to-face relationship with both biological progenitors is, unless there are substantial overriding considerations, morally required

Sensemaking reconsidered : towards a broader understanding through phenomenology

We develop a typology of sensemaking in organizations that reconsiders existing sensemaking research by providing a more coherent and integrative conceptualization of what defines sensemaking and how it is connected with organizing. Drawing on existential phenomenology, we make the following core claims: (1) sensemaking is not a singular phenomenon but comprises four major types: immanent, involved-deliberate, detached-deliberate, and representational sensemaking; (2) all types of sensemaking originate and take place within specific practice worlds; (3) the core constituents of sensemaking within a practice world (sense–action nexus, temporality, embodiment, and language) are played out differently in each type of sensemaking. Furthermore, we elaborate the links between sensemaking and organizing, focusing especially on the connections between types and levels of sensemaking, and the consequences of sensemaking outcomes for organizing. Finally, we discuss how the typology contributes to the existing sensemaking perspective, outline methodological implications, and suggest ways of advancing sensemaking research

Selena schema: sharing space through stories about Selena Quintanilla Pérez

27 years after her murder, Selena Quintanilla Pérez, “The Queen of Tejano Music,” remains a prominent icon among Latinx communities in the U.S. and beyond. Deborah Paredez coined the term “Selenidad” to represent the continual acts of remembering Selena that open spaces for Latinxs to process, reimagine, and revolutionize “Latinidad”. Drawing from this vast corpus of memories, my article analyzes recent narratives about Selena. These artifacts of Selenidad include “Selena: The Series” (Netflix, 2020-2021), the podcast “Anything for Selena” (2021) hosted by María García, and Melissa Lozada-Oliva’s “novel in verse,” “Dreaming of You” (2021). Applying Paredez’s seminal theories and expanding my previous research on consuming Selena through makeup, I closely examine the narrative components of these newest stories that continue creating a shared cultural schema among her fans