Snap Judgment: Recognizing the Propriety and Pitfalls of Direct Judicial Review of Audiovisual Evidence at Summary Judgment

Conflicting results in two recent police excessive force decisions by the U.S. Supreme Court—Tolan v. Cotton and Plumhoff v. Rickard—have sown confusion about the standards for summary judgment. This Note shows how the two decisions are consistent with each other and with longstanding summary judgment precedents. The key insight is that since the Second Circuit’s iconic 1946 decision in Arnstein v. Porter, appellate judges, including Supreme Court Justices, have listened to audio recordings, scrutinized artwork, and—as in the case of Plumhoff—watched video footage in order to decide for themselves whether there is a genuine issue of material fact for trial. These “objective” components of the record are considered vitally important to the decisions. When no objective evidence is available, appellate judges are left with “he said, she said” testimonial evidence in which demeanor evidence looms larger and are therefore more likely to allow the cases to proceed to trial. The presumed propriety of appellate judicial review of audiovisual evidence not only explains the different results in Tolan (no audiovisual evidence of police shooting and vacating the lower court’s finding for the defendant officer) and Plumhoff (video evidence of a police car chase resulting in the Court finding for the officer), but it also will have greater significance in current police excessive force cases given the omnipresence of smartphones and police recordings. At the same time, it is worth questioning whether appellate judges should continue to exercise limitless, de novo review of present-day audiovisual evidence, which may require as much understanding of context as traditional demeanor evidence

Age and length composition of Columbia Basin chinook, sockeye, and coho salmon at Bonneville Dam in 2000

In 2000, representative samples of adult Columbia Basin chinook (Oncorhynchus tshawytscha), sockeye (O. nerka), and coho salmon (O. kisutch), populations were collected at Bonneville Dam. Fish were trapped, anesthetized, sampled for scales and biological data, allowed to revive, and then released. Scales were examined to estimate age composition and the results contribute to an ongoing database for age class structure of Columbia Basin salmon populations. Based on scale analysis, four-year-old fish (from brood year (BY) 1996) were estimated to comprise 83% of the spring chinook, 31% of the summer chinook, and 32% of the upriver bright fall chinook salmon population. Five-year-old fish (BY 1995) were estimated to comprise 2% of the spring chinook, 26% of the summer chinook, and 40% of the fall chinook salmon population. Three-year-old fish (BY 1997) were estimated to comprise 14% of the spring chinook, 42% of the summer chinook, and 17% of the fall chinook salmon population. Two-year-olds accounted for approximately 11% of the fall chinook population. The sockeye salmon population sampled at Bonneville was predominantly four-year-old fish (95%), and the coho salmon population was 99.9% three-year-old fish (Age 1.1). Length analysis of the 2000 returns indicated that chinook salmon with a stream-type life history are larger (mean length) than the chinook salmon with an ocean-type life history. Trends in mean length over the sampling period were also analysis for returning 2000 chinook salmon. Fish of age classes 0.2, 1.1, 1.2, and 1.3 have a significant increase in mean length over time. Age classes 0.3 and 0.4 have no significant change over time and age 0.1 chinook salmon had a significant decrease in mean length over time. A year class regression over the past 11 years of data was used to predict spring and summer chinook salmon population sizes for 2001. Based on three-year-old returns, the relationship predicts four-year-old returns of 325,000 (± 111,600, 90% Predictive Interval [PI]) spring chinook and 27,800 (± 29,750, 90% PI) summer chinook salmon. Based on four-year-old returns, the relationship predicts five-year-old returns of 54,300 (± 40,600, 90% PI) spring chinook and 11,000 (± 3,250, 90% PI) summer chinook salmon. The 2001 run size predictions used in this report should be used with caution, these predictions are well beyond the range of previously observed data

Age and length composition of Columbia Basin chinook, sockeye, and coho salmon at Bonneville Dam in 2002

In 2002, representative samples of migrating Columbia Basin chinook (Oncorhynchus tshawytscha), sockeye (O. nerka), and coho salmon (O. kisutch) adult populations were collected at Bonneville Dam. Fish were trapped, anesthetized, sampled for scales and biological data, revived, and then released. Scales were examined to estimate age composition; the results contributed to an ongoing database for age class structure of Columbia Basin salmon populations. Based on scale analysis of chinook salmon, four-year-old fish (from brood year [BY] 1998) comprised 86% of the spring chinook, 51% of the summer chinook, and 51% of the bright fall chinook salmon population. Five-year-old fish (BY 1997) comprised 13% of the spring chinook, 43% of the summer chinook, and 11% of the bright fall chinook salmon population. The sockeye salmon population at Bonneville was predominantly five-year-old fish (55%), with 40% returning as four-year-olds in 2002. For the coho salmon population, 88% of the population was three-year-old fish of age class 1.1, while 12% were age class 1.0. Length analysis of the 2002 returns indicated that chinook salmon with a stream-type life history are larger (mean length) at age than the chinook salmon with an ocean-type life history. Trends in mean length over the sampling period for returning 2002 chinook salmon were analyzed. Chinook salmon of age classes 1.2 and 1.3 show a significant increase in mean length over the duration of the migration. A year class regression over the past 14 years of data was used to predict spring, summer, and bright fall chinook salmon population sizes for 2003. Based on three-year-old returns, the relationship predicts four-year-old returns of 54,200 (± 66,600, 90% predictive interval [PI]) spring chinook, 23,800 (± 19,100, 90% PI) summer, and 169,100 (± 139,500, 90% PI) bright fall chinook salmon for the 2003 runs. Based on four-year-old returns, the relationship predicts five-year-old returns of 36,300 (± 35,400, 90% PI) spring, 63,800 (± 10,300, 90% PI) summer, and 91,100 (± 69,400, 90% PI) bright fall chinook salmon for the 2003 runs. The 2003 run size predictions should be used with caution; some of these predictions are well beyond the range of previously observed data

Resilience in Adolescents Who Survived a Suicide Attempt from the Perspective of Registered Nurses in Inpatient Psychiatric Facilities

The number of deaths by suicide has increased over the last few years. The purpose of this qualitative study is to explore components of resilience in adolescents who survived a suicide attempt from the perspective of nine psychiatric nurses. Resilience was used as a guiding conceptual framework which proposes that resilience is the interplay between risk and protective factors. Three categories emerged including risk factors, protective factors, and future recommendations of suicide prevention strategies. The perspectives gained from this study will help develop nursing interventions for adolescents to overcome risk factors and to build on their protective factors

Risk and Protective Factors in the Lives of Caregivers of Persons With Autism: Caregivers’ Perspectives

PURPOSE The purpose of this descriptive exploratory study is to understand the experience of being a caregiver of a person with autism spectrum disorder (ASD) in the light of the resilience theory. METHODS Qualitative data were collected as a part of a larger quantitative study. Ninety-three caregivers completed this qualitative study and responded to the two open-ended questions. In the parent study, subjects were recruited by convenience sampling from the Interactive ASD Network (IAN). FINDINGS The identified categories appeared to reflect three distinct categories consistent with the resilience theory, labeled as follows: risk factors, protective factors, and overlapping factors. PRACTICE IMPLICATIONS These findings help to inform the planning of tailored interventions to enhance caregivers’ resilience

Effectiveness of Two Keyboarding Instructional Approaches on the Keyboarding Speed, Accuracy, and Technique of Elementary Students

Background: Keyboarding skill development is important for elementary students. Limited research exists to inform practice on effective keyboarding instruction methods. Method: Using a quasi-experimental design, we examined the effectiveness of Keyboarding Without Tears® (n = 786) in the experimental schools compared to the control schools who used the district standard instructional approach of free web-based activities (n = 953) on improving keyboarding skills (speed, accuracy, and technique) in elementary students. Results: The results showed significant improvements in keyboarding speed and accuracy in all schools for all grades favoring the experimental schools compared to the control schools. Significant differences in improvements in keyboarding technique were found with large effect sizes favoring the experimental schools for kindergarten to the second grade and small effect sizes favoring the control schools for the third to fifth grade. Conclusion: Professionals involved in assisting with keyboarding skill development in children are recommended to begin training in these skills in early elementary grades, especially to assist in proper keyboarding technique development. While using free web-based activities are beneficial to improving keyboarding speed and accuracy, as well as keyboarding technique, using a developmentally-based curriculum, such as Keyboarding Without Tears®, may further enhance improvements in the keyboarding skills of elementary students

Mediating Effects of Positive Thinking and Social Support on Suicide Resilience

Suicide has been the second leading cause of death for 18- to 24-year-olds in the United States since 2011. The stress experienced by undergraduate college students has the potential to increase one’s risk for suicide. Resilience theory was used as a theoretical framework to examine the interplay between risk and protective factors. A cross-sectional and correlational design was used to assess the mediating effects of positive thinking and/or social support on suicide resilience in 131 college students 18 to 24 years old who completed an online survey. The study found an indirect effect of self-esteem on suicide resilience through positive thinking and social support indicating that as self-esteem increases, positive thinking and social support also increase, which leads to an increase in resilience. The study also found a direct effect of self-esteem, positive thinking, and social support on suicide resilience. The findings inform the development of tailored interventions to build suicide resilience in college students

Theorizing and Generalizing About Risk Assessment and Regulation Through Comparative Nested Analysis of Representative Cases

This article provides a framework and offers strategies for theorizing and generalizing about risk assessment and regulation developed in the context of an on-going comparative study of regulatory behavior. Construction of a universe of nearly 3,000 risks and study of a random sample of 100 of these risks allowed us to estimate relative U.S. and European regulatory precaution over a thirty-five-year period. Comparative nested analysis of cases selected from this universe of ecological, health, safety, and other risks or its eighteen categories or ninety-two subcategories of risk sources or causes will allow theory-testing and -building and many further descriptive and causal comparative generalizations