Thursday, May 25, 2017

Multi-group and hierarchical confirmatory factor analysis of the Wechsler Intelligence Scale for Children—Fifth Edition: What does it measure? via BrowZine

Multi-group and hierarchical confirmatory factor analysis of the Wechsler Intelligence Scale for Children—Fifth Edition: What does it measure?
Reynolds, Matthew R.; Keith, Timothy Z.
Intelligence: Articles in press



University of Minnesota Users:
http://api.thirdiron.com/v2/libraries/56/articles/81856529/content

Non-University of Minnesota Users: (Full text may not be available)
http://www.sciencedirect.com/science/article/pii/S016028961630201X

Accessed with BrowZine, supported by University of Minnesota.

Saturday, May 13, 2017

Sharing Parental Behaviours Predicting Early Childhood Executive Functions: a Meta-Analysis via BrowZine

Parental Behaviours Predicting Early Childhood Executive Functions: a Meta-Analysis
Valcan, Debora S.; Davis, Helen; Pino-Pasternak, Deborah
Educational Psychology Review: Articles in press



University of Minnesota Users:
http://api.thirdiron.com/v2/libraries/56/articles/100925816/content

Non-University of Minnesota Users: (Full text may not be available)
http://link.springer.com/10.1007/s10648-017-9411-9

Accessed with BrowZine, supported by University of Minnesota.

Tuesday, May 09, 2017

Sharing Dissecting the parieto-frontal correlates of fluid intelligence: A comprehensive ALE meta-analysis study via BrowZine

Dissecting the parieto-frontal correlates of fluid intelligence: A comprehensive ALE meta-analysis study
Santarnecchi, Emiliano; Emmendorfer, Alexandra; Pascual-Leone, Alvaro
Intelligence: Vol. 63 – 2017: 9 - 28

10.1016/j.intell.2017.04.008

University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.sciencedirect.com/science/article/pii/S0160289617300090

Non-University of Minnesota Users: (Full text may not be available)
http://www.sciencedirect.com/science/article/pii/S0160289617300090

Accessed with BrowZine, supported by University of Minnesota.



******************************************************

Individual differences in the learning potential of human beings



Individual differences in the learning potential of human beings

Altmetric: 61 Views: 2,081 More detail Review Article | Open Elsbeth Stern npj Science of Learning 2, Article number: 2 (2017) •…

Read it on Flipboard

Read it on nature.com



******************************************************
Kevin McGrew, PhD
Educational Psychologist
Director, Institute for Applied Psychometrics
IAP
******************************************************

Dynamic Functional Connectivity – A Brief Overview and Latest Thoughts from the Rotman Research Conference on Neural Dynamics



Dynamic Functional Connectivity – A Brief Overview and Latest Thoughts from the Rotman Research Conference on Neural Dynamics

"Is dynamic connectivity a natural next step in functional connectivity…

Read it on Flipboard

Read it on ohbmbrainmappingblog.com




Saturday, May 06, 2017

Sharing Metacognitive confidence judgments and their link to complex problem solving via BrowZine

Metacognitive confidence judgments and their link to complex problem solving
Rudolph, Julia; Niepel, Christoph; Greiff, Samuel; Goldhammer, Frank; Kröner, Stephan
Intelligence: Vol. 63 – 2017: 1 - 8

10.1016/j.intell.2017.04.005

University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.sciencedirect.com/science/article/pii/S0160289616301386

Non-University of Minnesota Users: (Full text may not be available)
http://www.sciencedirect.com/science/article/pii/S0160289616301386

Accessed with BrowZine, supported by University of Minnesota.



******************************************************

Friday, May 05, 2017

Sharing Program-specific prediction of academic achievement on the basis of cognitive and non-cognitive factors via BrowZine

See MACM model and other "beyond IQ" posts at this blog for additional related research


Program-specific prediction of academic achievement on the basis of cognitive and non-cognitive factors
Fonteyne, Lot; Duyck, Wouter; De Fruyt, Filip
Learning and Individual Differences: Vol. 56 – 2017: 34 - 48

10.1016/j.lindif.2017.05.003

University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.sciencedirect.com/science/article/pii/S1041608017300997

Non-University of Minnesota Users: (Full text may not be available)
http://www.sciencedirect.com/science/article/pii/S1041608017300997

Accessed with BrowZine, supported by University of Minnesota.

Wednesday, May 03, 2017

Sharing Sex differences in brain size and general intelligence ( g ) via BrowZine

Sex differences in brain size and general intelligence ( g )
van der Linden, Dimitri; Dunkel, Curtis S.; Madison, Guy
Intelligence: Articles in press



University of Minnesota Users:
http://api.thirdiron.com/v2/libraries/56/articles/99908621/content

Non-University of Minnesota Users: (Full text may not be available)
http://www.sciencedirect.com/science/article/pii/S0160289616302975

Accessed with BrowZine, supported by University of Minnesota.

Monday, May 01, 2017

Sharing Assessment Trends Among Neuropsychologists Conducting Sport-Related Concussion Evaluations via BrowZine

Assessment Trends Among Neuropsychologists Conducting Sport-Related Concussion Evaluations
LeMonda, Brittany C.; Tam, Danny; Barr, William B.; Rabin, Laura A.
Developmental Neuropsychology: Vol. 42 Issue 2 – 2017: 113 - 126

10.1080/87565641.2016.1274315

University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.tandfonline.com/doi/full/10.1080/87565641.2016.1274315

Non-University of Minnesota Users: (Full text may not be available)
http://www.tandfonline.com/doi/full/10.1080/87565641.2016.1274315

Accessed with BrowZine, supported by University of Minnesota.

Friday, April 28, 2017

The science of mind wandering

Excellent summary of contemporary research on mind wandering

The science of mind wandering

Some feel that spontaneous thought occurring without specific stimulation is closest to understanding how we define ourselves. These seemingly random self-produced…

Read it on Flipboard

Read it on jonlieffmd.com




Thursday, April 27, 2017

The impact of the CHC theory of intelligence: Impacting other disciplines and applied applications



In a prior post I documented the global impact of the CHC theory of intelligence.  Another indicator of the impact of the CHC model and taxonomy is how it has been recognized and used for important research functions in psychology, other disciplines, and applied settings. A number of diverse examples are summarized here.

The common CHC nomenclature assists different researchers better understand what they are measuring and facilitates better communication between and among professionals and scholars (McGrew, 1997). The CHC taxonomy has been used to organize meta-analyses that investigate the relations between cognitive ability constructs and other variables across a large number of studies. An excellent example is Loughmana, Bowdena, and D’Souzac’s (2014) use of the CHC taxonomy to classify a diverse set of cognitive tests used across 26 different studies of idiopathic generalized epilepsy. By classifying the dependent cognitive variables as per the CHC taxonomy, these researchers were able to use meta-analytic methods to present cognitive deficit effect sizes associated with idiopathic generalized epilepsy by the CHC domains of Gc, Gf, Glr, Gs, Gsm, Gv, as well as executive functions. The common CHC taxonomic coding system allowed for a diverse variety of cognitive measures to be synthesized in theoretically meaningful comparisons across the extant research literature.  Below is a sample Gf table from the meta-analysis (click on image to enlarge)
 


Two other examples come from health researchers studying the link between nutritional enhancements, cancer and cognitive functioning. Stough and Passe (Stough & Pase, 2015; Pase &Stough, 2014) have conducted and reviewed research on pharmacological methods for improving cognitive functioning with a particular focus on dietary and herbal supplements. Similar to research in many areas of psychology, they noted that:
  • “It is often hard to compare and contrast the results of individual trials given the differences in the cognitive tests, sample demographics, and products used across studies…there is little consensus in the field about how to select, analyze, and report on cognitive outcomes. Cognitive composite scores are often created by combining tenuously related cognitive tasks without adequate justification. We recently suggested that the Cattell-Horn-Carroll (CHC) cognitive framework could be applied to help organize cognitive outcomes in clinical trials according to validated latent cognitive factors…the CHC model can help researchers measure and categorize the effects of a specific intervention against the full spectrum of human cognitive abilities. Although the utility of the CHC is in helping individuals categorize cognitive tests into broad and narrow abilities, one could also use the CHC to examine the effects of a pharmacological intervention on general intelligence (g)” (Sough and Pase, 2015, p. 180).
Researchers at the US National Cancer Institute have also conceptualized measures of cognitive functioning as per CHC theory in research focused on the impact of specific types of cancer on cognitive outcomes (e.g., “Looking At Cancer Related Cognitive Impairment Through The Lens Of CHC Theory: Does It Improve Our Vision?”  Padgett, 2015).

Psychologists working in military and defense settings have also recognized the value of the CHC taxonomy in military selection and classification research (Rumsey & Arabian, 2014). A National Research Council report on “Measuring human capabilities: An agenda for basic research on the assessment of individual andgroup performance for military accession” (National Research Council, 2015) referenced the CHC-related research of both John Horn and Jack Carroll. Research on the selection and training of Canadian military pilots has also used the CHC model to categorize cognitive and aptitude measures (Forgues, 2014; Herniman, 2013.  The US Federal Aviation Administration (FAA) has conducted research on the aptitude requirements needed for air traffic control specialists and utilized the CHC taxonomy in the analysis of the various aptitude measures (Broach, 2013).

Recognition of the CHC taxonomy has also played a role in stimulating new debates in the field of industrial-organizational (I-O) psychology.  A number of IO psychologists have argued for IO’s need to reconsider its relatively long-standing neglect of the construct of intelligence. As summarized by Murphy (2017):

 “for several decades, the question of whether measures of specific cognitive ability contributed anything meaningful to the prediction of performance on the job or performance in training once measures of general mental ability were taken into account appeared to be settled, and a consensus developed that there was little value in using specific ability measures in contexts where more general measures were available. It now appears that this consensus was premature, and that measures of specific abilities can make important contributions even if general measures are taken into account” (p. 4). 

In the target article of a special issue of Industrial and Organization Psychology (”Intelligence 2.0: Reestablishing a research program on g in I–O psychology”), Sherbaum, Goldsteing, Yusko, Ryan and Hanges (2012) challenged I-O researchers, in part because of the progress made in building validated psychometric (CHC) and other models of intelligence, to re-engage in the study of intelligence since contemporary general intelligence and specific cognitive abilities research has shown promise over the older “all there is is g” I-O consensus. Schneider and Newman (2015) echoed the same messages articulated by Murphy (2017) and Sherbaum et al. (2012) in the human resource management literature.

 The CHC model is now involved in life and death decisions. In Atkins v Virginia (2002), the United States Supreme Court ruled it unconstitutional to execute individuals with intellectual disabilities. Since such Atkins cases typically rely on the definitions and guidelines of American Association of Intellectual and Development Disabilities (AAIDD, 2010) and the American Psychiatric Associations Diagnostic and Statistical Manual (DSM-5, 2013), IQ scores have become central to life or death Atkins decisions.

 Recognizing the variability in forensic intelligence testing practice and resulting diagnostic chaos, a number of forensic psychologists have argued for the use of the CHC taxonomy to better organize forensic research and to provide stronger validity for the interpretation of intelligence test results in Atkins cases and other criminal procedures (Habets, Jeandarme, Uzieblo, Oei & Bogaert; Uzieblo, Johan Vanderfaeillie, Gina Rossi &; Magez, 2012). Although the latest 2010 AAIDD manual focused primarily on IQ as a deficit in general intelligence, and did not recognize the CHC model, AAIDD has subsequently published a death penalty specific guidebook (Polloway, 2015) that, in the chapters on intellectual functioning (McGrew, 2015) and intelligence testing (Watson, 2015), places the CHC model front-and-center as the cognitive taxonomy for understanding intelligence test scores in Atkins cases. I believe this 2015 AAIDD publication sets the stage for AAIDD’s formal recognition of the importance of understanding multiple cognitive abilities (viz., CHC theory), and reducing the exclusive focus on the global IQ score in the next revision of the official AAIDD classification manual.


Other uses of the CHC taxonomy have been reported in such diverse contexts as the study of international Paralympic athletics, computer science education and the internet, and the search of extraterrestrial life. Biesen, Mactavish, Kerrremans and Vanlandewijck (2016) investigated the relation between nine CHC-classified cognitive measures and tactile proficiency in well-trained table tennis players with intellectual disabilities (members of the International Federation for Para-Athletes with Intellectual Disabilities; INAS). Tsianos, Germanakos, Belk, Lekkas, Samaras and Mourlas (2013) used the CHC taxonomy to organize the individual differences user profile layer, the adaptation mapping layer, and the web content layer in an Ontological Adaptation Mechanism (OAM) for designing personalized web environments. Also in the field of computer science, Roman-Gonzalez et al. (2016) used the CHC model to investigate the cognitive abilities (Gf, Gv, Gwm) measured by the Computational Thinking Test (CTT), a measurement of computer science knowledge in educational settings. Finally, CHC theories role in the search for ET does not reference any real practical application of the CHC taxonomy in astrobiology. It is mentioned here simply to indicate that the CHC theory received honorable mention (viz., citation of McGrew, 2009 CHC article in Intelligence) in the article “Astrobiology in Culture: The Search for Extraterrestrial Life as ‘Science’’’(Billings, 2012) when comparing the problem of defining extraterrestrial life with that of the problem of defining intelligence in psychology.

Finally, the CHC model of “intelligence” is informing another important “intelligence”—national security intelligence. The US Office of the National Director of Intelligence (ODNI) sponsors a number of research programs focused on increasing the critical problem solving and analytic thinking of US intelligence analysts. One is the Strengthening Human Adaptive Reasoning and Problem-Solving (SHARP) Program focused on the advancement of the science for optimizing human adaptive reasoning and problem-solving. “The goal of the program is to test and validate interventions that have the potential to significantly improve these capabilities, leading to improvements in performance for high-performing adults in information-rich environments.” The SHARP program has incorporated CHC organized research and models in the conceptualization, implementation, and evaluation of this important research program (Hartman, Sprenger, Weeks, Kyllonen, Bertling, McGrew & Sarah Kriz, 2017).[2]



[2] Kevin McGrew served as an external consultant to the SHARP project from 2012-2015.

Video: James Kaufman - What Can Neuroscience Offer the Study of Creativity?


James Kaufman - What Can Neuroscience Offer the Study of Creativity?
https://www.youtube.com/watch?v=0QJS5qSbT9Q

Sent via Flipboard, your personal magazine.
Get it for free to keep up with the news you care about.



Book nook tidbit: Mind wandering can be good

The following is an excerpt from Blinkists summary of a main elements of "The Wandering Mind"


"A wandering mind isn't a bad thing; your brain remains active when it woolgathers.

Sometimes our minds don't cooperate. Have you ever found yourself sitting at your desk with the intention of getting some work done but instead your mind keeps going in other directions? When this happens, don't assume that your brain isn't still hard at work.

When your mind wanders, it is using nearly as much energy as when it is focused and concentrating.
This is because only certain regions of your brain are active when focused on a specific task. But when your mind begins to wander, the default-mode network is activated. This network, named by neurologist Marcus Raichle, is spread out across the brain in regions that are not involved with the more direct interaction focused on what's in front of you.

But despite being spread out, there is still plenty of activity going on.
You can think of your brain as a small town: When there's a big event at the town square, all the people show up in one location. But afterward, when everyone splits up and goes about their own business, there's still nearly as much activity, it's just distributed around town. This is what happens when your mind wanders.

So the wandering mind may have some drawbacks, but it isn't all bad.
It's true that a wandering mind can distract you from finishing a task, and research also suggests that it can lead to less happiness and premature aging.

But wait! Mind wandering is also vital to creative thinking and allowing inventors and artists to make the world a better place. Because when your mind drifts it can free-associate and find connections and solutions to problems that might otherwise stay hidden.

Maybe you've had inspiration strike while you were spacing out in the shower or, perhaps, on a hike through nature. This is where George de Mestral was inspired to invent Velcro when he was walking along and noticed how burrs stuck to his clothes."

Monday, April 24, 2017

Sharing The reliability of multidimensional neuropsychological measures: from alpha to omega via BrowZine

The reliability of multidimensional neuropsychological measures: from alpha to omega
Watkins, Marley W.
The Clinical Neuropsychologist: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.tandfonline.com/doi/full/10.1080/13854046.2017.1317364

Non-University of Minnesota Users: (Full text may not be available)
http://www.tandfonline.com/doi/full/10.1080/13854046.2017.1317364

Accessed with BrowZine, supported by University of Minnesota.

Sharing Evaluation of multidimensional models of WAIS-IV subtest performance via BrowZine

Evaluation of multidimensional models of WAIS-IV subtest performance
McFarland, Dennis J.
The Clinical Neuropsychologist: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.tandfonline.com/doi/full/10.1080/13854046.2017.1320426

Non-University of Minnesota Users: (Full text may not be available)
http://www.tandfonline.com/doi/full/10.1080/13854046.2017.1320426

Accessed with BrowZine, supported by University of Minnesota.

Progress and Problems in Brain Mapping



Progress and Problems in Brain Mapping

The holy grail of many neuroscients is to map neuronal connections and from this explain how the brain (and mind) works. There are approximately 80 billion…

Read it on Flipboard

Read it on jonlieffmd.com




Saturday, April 22, 2017

Sharing Computer-Adaptive Testing: Implications for Students’ Achievement, Motivation, Engagement, and Subjective Test Experience. via BrowZine

Computer-Adaptive Testing: Implications for Students' Achievement, Motivation, Engagement, and Subjective Test Experience.
Martin, Andrew J.; Lazendic, Goran
Journal of Educational Psychology: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://doi.apa.org/getdoi.cfm?doi=10.1037/edu0000205

Non-University of Minnesota Users: (Full text may not be available)
http://doi.apa.org/getdoi.cfm?doi=10.1037/edu0000205

Accessed with BrowZine, supported by University of Minnesota.

Sharing Executive Function and Reading Comprehension: A Meta-Analytic Review via BrowZine

Executive Function and Reading Comprehension: A Meta-Analytic Review
Follmer, D. Jake
Educational Psychologist: Articles in press

Click on images to enlarge

Sharing Control without Controllers: Toward a Distributed Neuroscience of Executive Control via BrowZine

Control without Controllers: Toward a Distributed Neuroscience of Executive Control
Eisenreich, Benjamin R.; Akaishi, Rei; Hayden, Benjamin Y.
Journal of Cognitive Neuroscience: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.mitpressjournals.org/doi/abs/10.1162/jocn_a_01139

Non-University of Minnesota Users: (Full text may not be available)
http://www.mitpressjournals.org/doi/abs/10.1162/jocn_a_01139

Accessed with BrowZine, supported by University of Minnesota.

Thursday, April 20, 2017

Tweet by Jessica Lahey on Twitter



Jessica Lahey (@jesslahey)

 on Twitter
"The Perils of Giving Kids IQ Tests, an interview with @Penn's @sbkaufman, via @TheAtlantic https://t.co/z4UbjHcuno https://t.co/IphSO2v5qF"
Sent via Flipboard, your personal magazine.
Get it for free to keep up with the news you care about.


*********************************************
Kevin McGrew, PhD
Educational Psychologist 
Director
Institute for Applied Psychometrics
*********************************************

Wednesday, April 12, 2017

Sharing The Cognitive Neuroscience of Placebo Effects: Concepts, Predictions, and Physiology via BrowZine

The Cognitive Neuroscience of Placebo Effects: Concepts, Predictions, and Physiology
Geuter, Stephan; Koban, Leonie; Wager, Tor D.
Annual Review of Neuroscience: Vol. 40 Issue 1 – 2017:

10.1146/annurev-neuro-072116-031132

University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.annualreviews.org/doi/10.1146/annurev-neuro-072116-031132

Non-University of Minnesota Users: (Full text may not be available)
http://www.annualreviews.org/doi/10.1146/annurev-neuro-072116-031132

Accessed with BrowZine, supported by University of Minnesota.

Sunday, April 09, 2017

Linguistic and cultural knowledge affect whether languages are identified correctly | Scienmag: Latest Science and Health News


For the Gv figure gallery hall of fame.

Linguistic and cultural knowledge affect whether languages are identified correctly | Scienmag: Latest Science and Health News

A popular online game shows how linguistic and cultural knowledge may…

Read it on Flipboard

Read it on scienmag.com



******************************************************
Kevin McGrew, PhD
Educational Psychologist
Director, Institute for Applied Psychometrics
IAP
******************************************************

Friday, April 07, 2017

Sharing A Longitudinal Twin Study of General Cognitive Ability Over Four Decades. via BrowZine

A Longitudinal Twin Study of General Cognitive Ability Over Four Decades.
Lyons, Michael J.; Panizzon, Matthew S.; Liu, Weijian; McKenzie, Ruth; Bluestone, Noah J.; Grant, Michael D.; Franz, Carol E.; Vuoksimaa, Eero P.; Toomey, Rosemary; Jacobson, Kristen C.; Reynolds, Chandra A.; Kremen, William S.; Xian, Hong
Developmental Psychology: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://doi.apa.org/getdoi.cfm?doi=10.1037/dev0000303

Non-University of Minnesota Users: (Full text may not be available)
http://doi.apa.org/getdoi.cfm?doi=10.1037/dev0000303

Accessed with BrowZine, supported by University of Minnesota.



******************************************************

White matter microstructure in children with autistic traits.



 Ore on white matter matters

White matter microstructure in children with autistic traits.

2017 Mar 28;263:127-134. doi: 10.1016/j.pscychresns.2017.03.015. [Epub ahead of print] 1Department of Child and Adolescent…

Read it on Flipboard

Read it on ncbi.nlm.nih.gov




Sharing Learning-Related Cognitive Self-Regulation Measures for Prekindergarten Children: A Comparative Evaluation of the Educational Relevance of Selected Measures. via BrowZine

File under the Model of Academic Competence and Motivation (MACM). See blog side bars for link

Learning-Related Cognitive Self-Regulation Measures for Prekindergarten Children: A Comparative Evaluation of the Educational Relevance of Selected Measures.
Lipsey, Mark W.; Nesbitt, Kimberly Turner; Farran, Dale C.; Dong, Nianbo; Fuhs, Mary Wagner; Wilson, Sandra Jo
Journal of Educational Psychology: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://doi.apa.org/getdoi.cfm?doi=10.1037/edu0000203

Non-University of Minnesota Users: (Full text may not be available)
http://doi.apa.org/getdoi.cfm?doi=10.1037/edu0000203

Accessed with BrowZine, supported by University of Minnesota.

Wednesday, April 05, 2017

Sharing The Cerebellum: Adaptive Prediction for Movement and Cognition via BrowZine

The Cerebellum: Adaptive Prediction for Movement and Cognition
Sokolov, Arseny A.; Miall, R. Chris; Ivry, Richard B.
Trends in Cognitive Sciences: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.sciencedirect.com/science/article/pii/S1364661317300347

Non-University of Minnesota Users: (Full text may not be available)
http://www.sciencedirect.com/science/article/pii/S1364661317300347

Accessed with BrowZine, supported by University of Minnesota.

Wednesday, March 29, 2017

Sharing Neural correlates of Eureka moment via BrowZine

Neural correlates of Eureka moment
Sprugnoli, Giulia; Rossi, Simone; Emmerdorfer, Alexandra; Rossi, Alessandro; Liew, Sook-Lei; Tatti, Elisa; di Lorenzo, Giorgio; Pascual-Leone, Alvaro; Santarnecchi, Emiliano
Intelligence: Articles in press



University of Minnesota Users:
http://login.ezproxy.lib.umn.edu/login?url=http://www.sciencedirect.com/science/article/pii/S0160289616302756

Non-University of Minnesota Users: (Full text may not be available)
http://www.sciencedirect.com/science/article/pii/S0160289616302756

Accessed with BrowZine, supported by University of Minnesota.

Tuesday, March 28, 2017

SCOTUS blog summary of Moore v Texas Atkins decision

SCOTUSblog


Opinion analysis: A victory for intellectually disabled inmates in Texas

Posted: 28 Mar 2017 10:51 AM PDT

A Texas death-row inmate will get a shot at a new sentence after the Supreme Court ruled today that a state court applied the wrong standards to conclude that he was not intellectually disabled and therefore could be executed. Bobby James Moore was convicted and sentenced to death for shooting a supermarket employee during a 1980 robbery. But Moore argued that he was exempt from execution because he was intellectually disabled – for example, he failed first grade twice, still did not grasp basic principles like telling time at the age of 13, and had suffered a "debilitating" injury when he was hit in the head with a chain and a brick during the battle over integrating public schools.

The Texas Court of Criminal Appeals – the state's court of last resort for criminal cases – rejected Moore's challenge to his death sentence. It relied on its 2004 decision in another case, Ex parte Briseno, involving an inmate's intellectual disability. Briseno used a set of 1992 standards for evaluating intellectual disability, along with several "evidentiary factors" that take into account, among other things, whether the people who knew the inmate best when he was growing up regarded him as intellectually disabled. Moore asked the Supreme Court to weigh in; today the justices, by a vote of 5-3, vacated the Texas court's ruling and sent the case back for a new look.

Justice Ginsburg with opinion in Moore v. Texas (Art Lien)

In an opinion by Justice Ruth Bader Ginsburg that was joined by Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor and Elena Kagan, the court acknowledged that its recent decisions on intellectual disability and the death penalty assign to the states the primary responsibility for "the task of developing appropriate ways to enforce" the Constitution's bar on executing intellectually disabled inmates. But, the court explained, those decisions do not give the states free rein: Although states do not have to follow every detail of the most recent medical guide on intellectual disabilities, they cannot disregard the standards in those guides either.

In this case, the court concluded, the Texas court's ruling was wrong in multiple respects. First, the justices reasoned, the Texas court should not have focused just on Moore's IQ score of 74. Instead, the Texas court should have also considered the standard error of measurement – that is, the amount that scores could fluctuate around a "true" score. Looked at that way, Moore's score would range from 69 to 79, which would have required the Texas court to consider other evidence of his possible intellectual disability.

The Texas court's decision was also flawed, the Supreme Court continued, because it did not consider current clinical standards when evaluating how well Moore could handle the demands of everyday life, which is a key factor in determining whether someone is intellectually disabled. For example, the Texas court emphasized Moore's strengths – such as that he "lived on the streets, mowed lawns, and played pool for money" – when clinical standards indicate that it should have focused on his deficits.

The Texas court made the problem even worse, the justices reasoned, when it looked to the "evidentiary factors" outlined in the Briseno case. Those factors were essentially invented by the Texas court, without any basis in either medicine or law; indeed, even Texas itself does not use them to determine whether someone is intellectually disabled in other contexts. Instead, the court stressed, the factors rely on inaccurate stereotypes of the intellectually disabled by laypeople and are intended to reflect a consensus by Texans as to which defendants should or should not be subject to the death penalty. But even if an inmate has a relatively mild disability, the court emphasized, such that the Briseno factors would suggest that he is not exempt from execution, the Constitution bars the states from executing anyone with an intellectual disability.

Chief Justice John Roberts dissented from today's ruling, in an opinion joined by Justices Samuel Alito and Clarence Thomas. As an initial matter, Roberts agreed with the majority that the Texas court's reliance on the Briseno evidentiary factors was "incompatible with the Eighth Amendment." But, in Roberts' view, that conclusion was irrelevant, because he would have let stand the Texas court's conclusion that, based on his IQ, Moore was not intellectually disabled. More broadly, Roberts complained that the court's ruling today does not give states enough guidance about how to proceed in similar cases going forward: "States have 'some flexibility' but cannot 'disregard' medical standards. Neither the Court's articulation of this standard nor its application sheds any light on what it means."

After the oral argument, today's decision was not entirely unexpected. But it still represents a big victory for Bobby James Moore and other intellectually disabled inmates on death row in Texas. And it will likely lead to new litigation in the other states that have not adopted legal definitions of intellectual disability that are not specifically based on the current medical standards. Whether it will lead to the confusion at which Roberts hints remains to be seen.

The post Opinion analysis: A victory for intellectually disabled inmates in Texas appeared first on SCOTUSblog.



--
***********************************************
Kevin S. McGrew,  PhD
Educational Psychologist
Director
Institute for Applied Psychometrics (IAP)
www.themindhub.com
************************************************

SCOTUS blog report on Moore v Texas Atkins decision





SCOTUSblog


Opinion analysis: A victory for intellectually disabled inmates in Texas

Posted: 28 Mar 2017 10:51 AM PDT

A Texas death-row inmate will get a shot at a new sentence after the Supreme Court ruled today that a state court applied the wrong standards to conclude that he was not intellectually disabled and therefore could be executed. Bobby James Moore was convicted and sentenced to death for shooting a supermarket employee during a 1980 robbery. But Moore argued that he was exempt from execution because he was intellectually disabled – for example, he failed first grade twice, still did not grasp basic principles like telling time at the age of 13, and had suffered a "debilitating" injury when he was hit in the head with a chain and a brick during the battle over integrating public schools.

The Texas Court of Criminal Appeals – the state's court of last resort for criminal cases – rejected Moore's challenge to his death sentence. It relied on its 2004 decision in another case, Ex parte Briseno, involving an inmate's intellectual disability. Briseno used a set of 1992 standards for evaluating intellectual disability, along with several "evidentiary factors" that take into account, among other things, whether the people who knew the inmate best when he was growing up regarded him as intellectually disabled. Moore asked the Supreme Court to weigh in; today the justices, by a vote of 5-3, vacated the Texas court's ruling and sent the case back for a new look.

Justice Ginsburg with opinion in Moore v. Texas (Art Lien)

In an opinion by Justice Ruth Bader Ginsburg that was joined by Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor and Elena Kagan, the court acknowledged that its recent decisions on intellectual disability and the death penalty assign to the states the primary responsibility for "the task of developing appropriate ways to enforce" the Constitution's bar on executing intellectually disabled inmates. But, the court explained, those decisions do not give the states free rein: Although states do not have to follow every detail of the most recent medical guide on intellectual disabilities, they cannot disregard the standards in those guides either.

In this case, the court concluded, the Texas court's ruling was wrong in multiple respects. First, the justices reasoned, the Texas court should not have focused just on Moore's IQ score of 74. Instead, the Texas court should have also considered the standard error of measurement – that is, the amount that scores could fluctuate around a "true" score. Looked at that way, Moore's score would range from 69 to 79, which would have required the Texas court to consider other evidence of his possible intellectual disability.

The Texas court's decision was also flawed, the Supreme Court continued, because it did not consider current clinical standards when evaluating how well Moore could handle the demands of everyday life, which is a key factor in determining whether someone is intellectually disabled. For example, the Texas court emphasized Moore's strengths – such as that he "lived on the streets, mowed lawns, and played pool for money" – when clinical standards indicate that it should have focused on his deficits.

The Texas court made the problem even worse, the justices reasoned, when it looked to the "evidentiary factors" outlined in the Briseno case. Those factors were essentially invented by the Texas court, without any basis in either medicine or law; indeed, even Texas itself does not use them to determine whether someone is intellectually disabled in other contexts. Instead, the court stressed, the factors rely on inaccurate stereotypes of the intellectually disabled by laypeople and are intended to reflect a consensus by Texans as to which defendants should or should not be subject to the death penalty. But even if an inmate has a relatively mild disability, the court emphasized, such that the Briseno factors would suggest that he is not exempt from execution, the Constitution bars the states from executing anyone with an intellectual disability.

Chief Justice John Roberts dissented from today's ruling, in an opinion joined by Justices Samuel Alito and Clarence Thomas. As an initial matter, Roberts agreed with the majority that the Texas court's reliance on the Briseno evidentiary factors was "incompatible with the Eighth Amendment." But, in Roberts' view, that conclusion was irrelevant, because he would have let stand the Texas court's conclusion that, based on his IQ, Moore was not intellectually disabled. More broadly, Roberts complained that the court's ruling today does not give states enough guidance about how to proceed in similar cases going forward: "States have 'some flexibility' but cannot 'disregard' medical standards. Neither the Court's articulation of this standard nor its application sheds any light on what it means."

After the oral argument, today's decision was not entirely unexpected. But it still represents a big victory for Bobby James Moore and other intellectually disabled inmates on death row in Texas. And it will likely lead to new litigation in the other states that have not adopted legal definitions of intellectual disability that are not specifically based on the current medical standards. Whether it will lead to the confusion at which Roberts hints remains to be seen.

The post Opinion analysis: A victory for intellectually disabled inmates in Texas appeared first on SCOTUSblog.

Argument transcript

Posted: 28 Mar 2017 10:46 AM PDT

Argument transcript

The transcript in Lee v. United States is here.

The post Argument transcript appeared first on SCOTUSblog.

Argument analysis: Justices hesitant about extending ERISA to church-affiliated pension plans

Posted: 28 Mar 2017 08:43 AM PDT

Monday's argument in Advocate Health Care Network v. Stapleton took the justices back to their roots, with a straightforward textual question about the breadth of coverage under the Employee Retirement Income Security Act. ERISA imposes a variety of requirements on the plans to which it applies. Churches seeking to avoid that regulatory burden were able to obtain an exemption from ERISA for their pension plans. Organizations affiliated with churches operate a large share of the hospitals in this country. For more than 30 years, the three federal agencies that administer ERISA have treated the pension plans of those hospitals as exempt from ERISA. In each of the three cases consolidated for this oral argument, employees of health-care providers filed suit alleging that the pension plans provided by their employers do not qualify for the church-plan exemption. Specifically, the question is whether ERISA's rules apply to pension plans operated by affiliates of churches, such as hospitals, if the church itself did not create the pension plan.


Deputy Solicitor General Malcolm L. Stewart (Art Lien)

The text of ERISA directly addresses the question. The only problem is that, at least until the justices decide these cases, it is unclear what ERISA has to say about it. For now, two phrases of the statute are relevant. First, ERISA does not apply to any plan "established and maintained for its employees by a church." Second, a 1980 amendment provides that a "plan established and maintained for its employees … by a church … includes a plan maintained by an organization … controlled by or associated with a church." The question is whether that revision means that a plan "maintained by an [affiliated] organization" is automatically treated as one "established … by a church."

By the end of the argument, several of the justices seemed to coalesce around a likely outcome, reflecting an unwillingness to extend ERISA to cover plans that have been treated as exempt by the Internal Revenue Service and other federal agencies for 30 years. As a textual matter, each party's position has an obvious weakness, and the justices explored those weaknesses when questioning the advocates.

Lisa S. Blatt for petitioners (Art Lien)

For Lisa Blatt, representing the health-care providers, the obvious problem is that the revision her clients need in order to qualify for the church-plan exemption could have been crafted much more directly. Justice Elena Kagan went to that point early on:

There would be a simple way of accomplishing what you think this provision accomplishes. You know, something along the lines of just saying any plan maintained by a church-affiliated organization is a church plan or something like that. It's … very odd language, this statutory language, and I'm wondering why you think that Congress chose to do what you think it chose to do in this perplexing way rather than in a straightforward way.

Justice Sonia Sotomayor weighed in on the same point, noting that Congress had proposed an amendment that treated a plan "established and maintained" by an affiliated organization as one "established and maintained" by a church. She suggested that the case would have been much simpler for Blatt had Congress adopted that revision. Blatt seemed to satisfy Kagan and Sotomayor, however, by pointing out that one group seeking relief at the time of the 1980 amendment was comprised of plans established by churches but maintained by affiliated organizations; an amendment covering only plans "established and maintained by affiliated organizations" would not have exempted those plans.

James A. Feldman for respondents (Art Lien)

The justices also took issue with Feldman's reading because it did not seem to exempt several categories of organizations that had been pushing most vociferously for an amendment at the time Congress stepped in to amend the statute. Sotomayor, for example, raised the problem directly:

Let's go to … 1982. Tell me how your reading of the statute includes the organizations that were clamoring and … whom the IRS has said were covered by this provision: The pension boards that were separate from the church, and … the nuns, who were also seeking coverage. How does your reading take care of those two situations facing Congress?

Hearing Feldman's response, Kagan interjected that she found his reading difficult because "you would be taking out some of these church pension boards that I thought were the sort of quintessential group that this was designed to include."

The justices were also troubled by the adverse financial consequences of a ruling against the health-care providers. During her argument, Blatt asserted that the employees' complaints sought penalties from her clients of $66 billion. Although the point did not seem to impress the justices at the time, it became a major focus of Feldman's presentation when he suggested that the justices should not be overly concerned about reliance interests because the "cases are about primarily overwhelmingly forward-looking remedies." That comment struck a nerve with Justice Samuel Alito, who interrupted to ask whether Blatt had been correct "when she said that the complaints seek billions of dollars in penalties?" Feldman started to respond that it was too early to be sure what the total amount of any penalties might be, but Alito would not let go: "What is the answer to my question?" When Feldman replied that he didn't think the complaints named "a dollar figure for the penalty," Alito asked: "Well, … if you figured out the penalties, would they be billions of dollars?" After Feldman demurred again, Alito switched to another tack: "[Y]ou said … don't worry about the penalties; this is primarily about forward-looking things. And yet the complaints asked for the penalties. Are you willing on behalf of your clients to disavow any requests for penalties?" When Feldman predictably declined to waive any claim for penalties, Alito concluded: "Then how can you say it's primarily about forward-looking things?"

In a similar vein, several of the justices seemed to find it inequitable to bring the affiliated-organization plans under ERISA given the widespread dissemination of the IRS's view that the plans were exempt. Kennedy, for example, noted that the agency's interpretation "led to hundreds of letters from the IRS. Is … that an exaggeration or … aren't there hundreds of IRS letters approving [these plans]? … [I]t shows that an entity that had one of these plans … where there was some doubt was proceeding in good faith with the … assurance of the IRS that what they were doing was lawful."

In the end, then, it seems quite likely that the affiliated organizations will retain their exemptions. The justices might not like the way the amendment is written, but they do not seem likely to reject the IRS's reading of it.

The post Argument analysis: Justices hesitant about extending ERISA to church-affiliated pension plans appeared first on SCOTUSblog.

Argument preview: Court to weigh suppression of evidence in notorious D.C. murder

Posted: 28 Mar 2017 07:19 AM PDT

Christopher Turner (photograph provided by the Mid-Atlantic Innocence Project)

In 1984, there were 175 murders in the District of Columbia. But the October 1984 murder of Catherine Fuller, a 48-year-old mother of six, was particularly infamous. When she was found in a pool of her own blood in a garage off an alley, Fuller had been robbed, badly beaten, and sodomized with an unknown object. Prosecutors put ten defendants on trial for Fuller's murder. After a week of deliberations, the jury convicted eight of them. One of those men died in prison; the remaining seven defendants who were convicted have always maintained that they did not commit the crime. Tomorrow the justices will hear oral argument in their challenge to their convictions, which is based on allegations that prosecutors failed to turn over important evidence that might have cleared them.

There was no physical evidence supporting the prosecutors' case against the ten defendants. Instead, prosecutors relied instead on three witnesses who claimed to have seen the group attack. Each of the ten defendants was represented by a different lawyer; each lawyer's main defense strategy seemed to be to throw his or her client's co-defendants under the bus.

After the trial was over, a Washington Post story revealed that prosecutors had failed to provide defense lawyers with a statement about a possible alternative suspect. That story prompted the defendants to initiate post-conviction proceedings, during which they learned of other new evidence that might have helped them. For example, witnesses had told police that on the afternoon of the murder they had seen another man, James McMillan, "acting suspiciously" and with "something under his coat" in the alley where Fuller's body was found. McMillan was convicted of two other assaults on middle-aged women in both the same month and the same neighborhood in which Fuller was murdered. Shortly after he was released from prison for those crimes, in 1992, McMillan killed another woman in the same area; the details of that crime resemble those of Fuller's murder.

Yet another witness identified James Blue, who had a lengthy criminal record, as the man who killed Fuller. And the men learned that one key eyewitness had originally told police that she had not seen the crime at all, and had later been high on PCP when she met with detectives to identify suspects. During post-conviction proceedings, experts also testified that the crime scene and Fuller's injuries were more consistent with an assault by an individual or a very small group of people than the much larger group that prosecutors had blamed for her death.

The Supreme Court's 1963 decision in Brady v. Maryland requires prosecutors to provide a criminal defendant with all evidence that is favorable or material to his defense, even if the defendant does not ask for it. When prosecutors fail to do so, they violate the defendant's constitutional right to due process, even if they were acting in good faith. There are three parts to the Brady test: The evidence must be favorable to the defendant, it must be suppressed, and it must be material – that is, create a reasonable likelihood that it affected the outcome. The evidence is considered collectively, against the whole record. There is no dispute that the evidence was favorable to the defendants in this case and was suppressed; the only question is whether the suppressed evidence was material.

The convicted men argue that if they had had access to the information that was withheld, the trial would have been very different. They could have offered the jury a competing theory – one that was consistent with both McMillan's record and the crime-scene evidence. That could in turn have given rise to reasonable doubt by the jury about the prosecution's theory, particularly when even prosecutors acknowledged that the case "easily could have gone the other way." Russell Overton, who was convicted only after the jury had told the trial court that it was hopelessly deadlocked and taken dozens of votes, contends that this is especially true in his case, given what he describes as "the substantial weaknesses in the government's case against" him.

The government counters that the evidence that was suppressed "does not undermine confidence" in the convicted men's "guilt of the brutal slaying of Catherine Fuller." The men had "ample opportunity and incentive" to come up with an alternative theory of the case, the government notes, but they just didn't do so. Knowing about James McMillan would not have made a difference, the government continues, in part because the links between McMillan and the assault on Fuller were tenuous at best. And any evidence relating to the 1992 murder for which McMillan was convicted could not have been suppressed, because it did not exist when the defendants in this case went to trial. Moreover, an alternative theory that sought to pin the blame on McMillan or some other small group of perpetrators would not have made much sense, given that two of the government's witnesses had pleaded guilty to participating in a group assault.

When the convicted men asked the Supreme Court to take on their appeal, their two petitions presented three questions, all related to Brady, for the justices' possible review. But in their order granting certiorari, the justices asked the men and the government to brief one, simpler question: whether the men's convictions "must be set aside under Brady." That change in the question presented, especially when combined with the highly fact-bound nature of the case, at least suggests that the justices granted review to reverse the men's convictions. But we will know more about that after the oral argument tomorrow.

The post Argument preview: Court to weigh suppression of evidence in notorious D.C. murder appeared first on SCOTUSblog.

Live blog of opinions (Update: Completed)

Posted: 28 Mar 2017 06:30 AM PDT

Live blog of opinions (Update: Completed)

We live-blogged this morning as the court released opinions. The transcript is available at this link.

The post Live blog of opinions (Update: Completed) appeared first on SCOTUSblog.

Tuesday round-up

Posted: 28 Mar 2017 03:48 AM PDT

Tuesday round-up

Today the court will hear oral argument in Lee v. United States, an ineffective assistance of counsel case in which the lower court held that the defendant could not prove that he was prejudiced by his attorney's erroneous advice to plead guilty, which resulted in mandatory deportation, because the evidence of his guilt was overwhelming. Amy Howe previewed the case for this blog. Karen Smeda and Natalia San Juan preview the case for Cornell University Law School's Legal Information Institute.

Yesterday the court agreed to review two cases and asked for the views of the acting solicitor general in a third. Amy Howe covers the orders list for this blog.

Yesterday the court also heard oral argument in Advocate Health Care Network v. Stapleton (consolidated with two other related cases), which asks whether the Employee Retirement Income Security Act's exemption for church plans applies to pension plans maintained by church-affiliated organizations. Mark Walsh covers the argument for Education Week, noting that hundreds "of religious schools and their employees are watching" the case "with intense interest," and that the "justices had tough questions for both sides in the hospitals' case before them." Commentary comes from Jessica Mason Pieklo in Rewire, who points out that if "the Roberts Court sides with the businesses, that could mean approximately 95,000 employees would have less savings and fewer comprehensive benefits than the law would normally require."

The second oral argument yesterday was in TC Heartland LLC v. Kraft Food Brands Group LLC, a case about the venue rules for patent infringement lawsuits. In The National Law Journal (subscription or registration required), Tony Mauro reports that the justices "did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed."

Last Wednesday, the court issued a unanimous decision in Endrew F. v. Douglas County School District, holding that the Individuals with Disabilities Education Act requires a school to offer an "individualized education program" reasonably calculated to allow the student to progress appropriately in light of the child's circumstances. Coverage comes from Christopher Tidmore in The Louisiana Weekly, Patty Miller in The Edmond Sun, Anya Kamenetz and Cory Turner at WJCT, Commentary comes from Walt Gardner at Education Week, Helen Moss at The Huffington Post, and the editorial board of the New Hampshire Union Leader.

Briefly:

  • The World and Everything in It (podcast) features discussions of last week's arguments in Murr v. Wisconsin, Howell v. Howell and Microsoft Corp. v. Baker.
  • At his eponymous blog, Ed Mannino discusses the pending cert petition in Masterpiece Cake Shop v. Colorado Civil Rights Commission, a case filed by a Colorado man with religious objections to creating a cake for a same-sex wedding celebration, questioning whether it is "legally justifiable to subordinate sincerely held and constitutionally protected religious beliefs to a same sex couple's statutory rights when the discrimination undoubtedly creates at least psychic or dignitary harm to the couple, but is devoid of any economic impact on them, and leaves them with easy access to the product elsewhere."
  • At the Associated Press, Curt Anderson reports on a pending cert petition in the case of a litigant who "won an improbable longshot victory when the U.S. Supreme Court agreed with him that his floating home was a house, not a vessel subject to seizure by a Florida city" and who now "is asking the justices to enforce their ruling by forcing the city pay him legal fees and reimburse him for the home's value after it was seized and destroyed."
  • In Supreme Court Brief (subscription or registration required), Tony Mauro reports that a lawyer appointed by the court for the second time in less than a year to "represent an orphaned position in a case before the court" this time in a habeas case from Georgia learned yesterday that his appointment had been revoked after the Georgia attorney general changed positions.
  • At FiveThirtyEight, Kevin Cope and Joshua Fischman "reviewed more than 900 Tenth Circuit cases decided during [Judge Neil]Gorsuch's tenure, including 119 in which he participated," focusing on "immigration and employment discrimination law," concluding that Gorsuch "looks relatively centrist in these areas."
  • At Empirical SCOTUS, Adam Feldman examines voting patterns on the court since the death of Justice Antonin Scalia, noting that "the middle of the Court may have shifted slightly and it will be interesting to see if there continue to be new unifications between some Justices as well as polarizations between others."
  • In an op-ed at Law360 (registration required), Douglas Lindholm weighs in on a pending cert petition in two state tax cases that ask when retroactive tax legislation is "so patently unfair that it violates the due process clause of the U.S. Constitution," arguing that upholding "retroactive tax legislation subject only to a state's unfettered discretion to behave reasonably undermines the rule of law and makes a mockery of due process protections afforded to taxpayers under the U.S. Constitution."
  • At the Academy of Achievement's What It Takes podcast, Justice Sonia Sotomayor shares her personal story in an interview with NPR's Nina Totenberg.

Remember, we rely exclusively on our readers to send us links for our round-up.  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you'd like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com.

The post Tuesday round-up appeared first on SCOTUSblog.

Petition of the day

Posted: 27 Mar 2017 08:23 PM PDT

Petition of the day

The petition of the day is:

16-936

Issues: (1) Whether a district court's refusal to permit the petitioner to amend the proposed pretrial order to assert a profits claim – thereby restoring the petitioner's right to a jury trial in the wake of the respondent's eleventh-hour withdrawal of its consent to a jury trial on all other claims – is reviewed for abuse of discretion or under the more exacting standard typically applied to orders that effectively deny the right to a jury trial; and (2) whether, under the logic of Dairy Queen, Inc. v. Wood – and as several lower courts have held, in conflict with several others – claims seeking a trademark infringer's profits are legal in nature and thus give rise to a Seventh Amendment right to a jury trial.

The post Petition of the day appeared first on SCOTUSblog.

Argument transcripts

Posted: 27 Mar 2017 12:46 PM PDT