Broken Scales: Obesity and Justice in America

This Article is not so much about the scales we use to measure weight, but the scales we use to infer causation and assign responsibility-including the scales of justice. Ultimately, the problem we face is not obesity itself. Obesity is only a symptom of the problem. When scientists and public health experts point to various environmental agents-whether larger portion sizes, corn subsidies, video games, or urban sprawl-they, too, overlook the deeper source of our troubles. Our real problem is that we have an extremely difficult time seeing and understanding the role of unseen features in our environment and within us and too readily attribute responsibility and causation to the more obvious personal choices of the obese

Four applications of embodied cognition

This article presents the views of four sets of authors, each taking concepts of embodied cognition into problem spaces where the new paradigm can be applied. The first considers consequences of embodied cognition on the legal system. The second explores how embodied cognition can change how we interpret and interact with art and literature. The third examines how we move through archi- tectural spaces from an embodied cognition perspective. And the fourth addresses how music cogni- tion is influenced by the approach. Each contribution is brief. They are meant to suggest the potential reach of embodied cognition, increase the visibility of applications, and inspire potential avenues for research

Using performance-based regulation to reduce childhood obesity

BackgroundWorldwide, the public health community has recognized the growing problem of childhood obesity. But, unlike tobacco control policy, there is little evidence about what public policies would work to substantially reduce childhood obesity. Public health leaders currently tend to support traditional "command and control" schemes that order private enterprises and governments to stop or start doing specific things that, is it hoped, will yield lower childhood obesity rates. These include measures such as 1) taking sweetened beverages out of schools, 2) posting calorie counts on fast-food menu boards, 3) labeling foods with a "red light" if they contain high levels of fat or sugar, 4) limiting the density of fast food restaurants in any neighborhood, 5) requiring chain restaurants to offer "healthy" alternatives, and 6) eliminating junk food ads on television shows aimed at children. Some advocates propose other regulatory interventions such as 1) influencing the relative prices of healthy and unhealthy foods through taxes and/or subsidies and 2) suing private industry for money damages as a way of blaming childhood obesity on certain practices of the food industry (such as its marketing, product composition, or portion size decisions). The food industry generally seeks to deflect blame for childhood obesity onto others, such as parents and schools

Racism, gun ownership and gun control: Biased attitudes in US whites may influence policy decisions

Objective: Racism is related to policies preferences and behaviors that adversely affect blacks and appear related to a fear of blacks (e.g., increased policing, death penalty). This study examined whether racism is also related to gun ownership and opposition to gun controls in US whites. Method: The most recent data from the American National Election Study, a large representative US sample, was used to test relationships between racism, gun ownership, and opposition to gun control in US whites. Explanatory variables known to be related to gun ownership and gun control opposition (i.e., age, gender, education, income, conservatism, anti-government sentiment, southern vs. other states, political identification) were entered in logistic regression models, along with measures of racism, and the stereotype of blacks as violent. Outcome variables included; having a gun in the home, opposition to bans on handguns in the home, support for permits to carry concealed handguns. Results: After accounting for all explanatory variables, logistic regressions found that for each 1 point increase in symbolic racism there was a 50% increase in the odds of having a gun at home. After also accounting for having a gun in the home, there was still a 28% increase in support for permits to carry concealed handguns, for each one point increase in symbolic racism. The relationship between symbolic racism and opposition to banning handguns in the home (OR1.27 CI 1.03,1.58) was reduced to non-significant after accounting for having a gun in the home (OR1.17 CI.94,1.46), which likely represents self-interest in retaining property (guns). Conclusions: Symbolic racism was related to having a gun in the home and opposition to gun control policies in US whites. The findings help explain US whites' paradoxical attitudes towards gun ownership and gun control. Such attitudes may adversely influence US gun control policy debates and decisions

Frames of Injustice: The Bias We Overlook

The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to engage one another in a substantial way. This Article attempts to bridge that gap by demonstrating how the approach taken by PLMS scholars can crucially enrich CCP scholarship. As a demonstration, this Article engages the case of Scott v. Harris, 550 US. 372 (2007), the subject of a recent CCP study. In Scott, the Supreme Court relied on a videotape of a high-speed police chase to conclude that an officer did not commit a Fourth Amendment violation when he purposefully caused the suspect\u27s car to crash by ramming the vehicle\u27s back bumper. Challenging the Court\u27s conclusion that no reasonable juror could see the motorist\u27s evasion of the police as anything but extremely dangerous, CCP Professors Dan M Kahan, David A. Hoffman, and Donald Braman showed the video to 1350 people and discovered clear rifts in perception based on ideological, cultural, and other lines. Despite the valuable contribution of their research in uncovering the influence of identity-defining characteristics and commitments on perceptions, Kahan, Hoffman, and Braman failed to engage what may well be a more critical dynamic shaping the cognitions of their subjects and the members of the Supreme Court in Scott: the role of situationalf rames in guiding attributionso f causation,r esponsibility,a nd blame. As social psychologists have documented-and as PLMS scholars have emphasizedwhile identities, experiences, and values matter, their operation and impact is not stable across cognitive tasks, but rather is contingent on the way in which information is presented and the broader context in which it is processed In large part, the Scott video is treated-both by the Supreme Court and by Kahan, Hoffman, and Braman-as if it presents a neutral, unfiltered account of events. However, it does not. Studies of viewpoint bias suggest that the fact that the video offers the visual and auralp erspective of a police officerp articipatingi n the chaserather than that of the suspect or a neutral third party-likely had a significant effect on both the experimental population and members of the Court. Had the Supreme Court watched a different video of the exact same events taken from inside the suspect\u27s car, this case may never have been taken away from the jury. Any discussion of judicial legitimacy -in both the descriptive and normative sense-must start here. The real danger for our justice system may not ultimately be the visible fiction of a suspect\u27s version of events, as Justice Scalia would have it, or cognitive illiberalism as Kahan, Hoffman, and Braman would, but the invisible influence of situational frames systematically prejudicing those who come before our courts