You are currently browsing the archives for the On being a man category.

Follow me on Twitter

Blog archive

We Participate In:

You are currently browsing the archives for the On being a man category.

ABA Journal Blawg 100!

Subscribe to The Jury Room via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Login

Archive for the ‘On being a man’ Category

Here’s another post on a variety of things too good to bypass completely, that we didn’t want to use for entire posts. You will see, as before, these combination posts are educational and help you become a scintillating conversationalist. At least we think so.

We’ve worked at lot in East Texas [and elsewhere] on patent cases so you might think the recent TC Heartland decision would make us mourn the end of an era [see the coverage at SCOTUS blog]. Instead, it’s a chance to return to my home state (Delaware) for IP cases more often than I do them in my adopted state (Texas)! You don’t meet many people from Delaware when you are not in Delaware, but I can tell you that it was a great place to grow up and attend college. I’ve been following the legal publications analyses of this SCOTUS reversal with interest, but this plain language post from the Harvard Business Review caught my eye. It is one of the clearest explanations I have seen of the likely impact of the decision.

If you want to get away with financial misconduct on Wall Street—be a man

You may think this is a pretty obvious one since fewer than 10% of the CEOs and CFOs in the financial services industry are women—but here’s a hard fact from a new study on financial misconduct among more than 1.2M financial advisors between 2005 and 2015.

Compared to men, women disciplined for financial misconduct were 20% more likely to lose their jobs and 30% less likely to get a new job in the industry within a year.

Women were punished more despite the fact that male misconduct cost the companies more ($40K compared to $32K).

For men, only 28% of the financial misconduct charges came from within their firm. This compared to 44% of misconduct charges for women coming from within their own firm.

And among both men and women who were disciplined, females were punished more severely (despite the fact that men were three times more likely to have a prior record of misconduct and twice as likely to be repeat offenders).

Intriguingly, only in companies where women were in at least ⅓ of the management roles was misconduct dealt with the same way for male and female employees.

Dodgy politicians—is this déjà vu

Way back in 2010, we wrote a blog post on an article referring to “artful dodgers” (who happened to also be politicians) who did not answer questions posed to them but answered other questions instead. So when we saw this article from BPS Research Digest, we were sure we’d seen it before! The authors think witnessing question dodging makes the observer think the dodger is less trustworthy. We thought that too and back in 2010, made the following recommendations in the event you are faced with a ‘not-so artful dodger’ opposing witness.

In this instance, you are drawing the witness’ (and ultimately the jury’s) attention to the fact a question was not answered. Pay attention in deposition when witnesses do not answer questions. Get it on tape: “I asked you this but you answered something else. Try again.” You do not have to be nasty. Simply patiently ask for the answer to your actual question. When jurors see taped deposition like this, it can be devastating to witness credibility.

Don’t allow opposing witnesses to be non-responsive. Ask them if they recall the question. Ask them to repeat the question (which makes it more difficult to ignore it). Politely correct their paraphrasing. Make it clear to the jury that they are dodging, and that is not okay. It may seem a simple thing but when we have data showing people forget the actual question posed—the witness’ style may be more important than the substance of a less ‘artful dodger’.

Do honest people get their dream jobs? Maybe…

Remember the job interview technique that has the applicant volunteer a critique of themselves as a worker and potential employee? The advice often dispensed some years ago was to say things like, “I’m a workaholic” or “I am often over-responsible” or something else akin to what is now called humble bragging. Here’s a fun piece over at the Daily Mail that tells you “honest people are up to three times more likely to land their dream role when up against other high-ranking candidates”. Commenters do not take the earnest tone of the article particularly seriously, you may want to make a point of reading the comments.

Image

Share
Comments Off on Patent trolls in Delaware and dishonesty (in financial dealings, job  interviews, and politics)

It is still so early in 2017 and yet, it is time for another installation of tidbits, miscellany, odds and ends, and accumulated wisdom with which you can amaze your friends and impress family members. And that we don’t want to just toss disrespectfully into recycling when it could bring so much joy to your life. So here we go.

Internet commenters: Why they do the things they do

We blogged a while back about people who comment on the internet (and why it might be a good tool for voir dire). Now we have a very readable piece from 538.com telling us what 8,500 internet commenters said about why they post comments online. It is a fun read (and if you read many online publications you will recognize the reasons behind much of the commenting) on why some people (mostly men in this sample) feel a need to comment on internet stories. You will probably not be surprised that most internet commenters do not actually read the entire article before commenting. Go take a look.

Psychiatrist behaving badly (before trial and during trial)

This is a very weird story. And it’s true—which makes it even weirder. A psychiatrist who’d been convicted of raping one of his patients put on a disguise to sneak into the courthouse and post bogus jury instructions in the jury room that were “designed to tamper with the jury before they reached their verdict”. He was caught on courthouse videotape, wearing a “disguise of a leather jacket and baseball cap” and “no longer using the walker he had used during the trial”. The psychiatrist was found guilty, lost his medical license, and was sentenced to three years in prison. If you follow the link to this story, you will not feel at all sorry for this physician-defendant. He has a long history of bad behavior.

Big boys don’t cry (with apologies to both the Four Seasons and Lucky Dube)

Maybe we should also apologize to John Boehner but we won’t. Instead, let’s get right to this: when men cry, it violates cultural norms that men should be emotionally contained and controlled. The researchers (cited below) found that when men cried in response to performance evaluations (which sometimes occurs) they are evaluated more negatively for the crying behavior and are more likely to receive future negative references from the evaluator. The researchers believe that because crying in men is seen as atypical, observers downgrade their assessment of the man and crying can therefore harm the man’s future career mobility.

This might make you cry: Software to analyze your online personality in less than a minute

If you have an online Twitter presence you might want to take a deep, cleansing breath before you read further. Oh—and you’d better sit down. There is a new company (Scale Model) designed to analyze online personalities of organizations or networks or “influencers”. Business Insider says the software can describe your online personality in a “frighteningly accurate” manner. The idea is to identify who your listeners are (so you can market more effectively) and to identify new target groups to whom you can also market. There really is no privacy online and marketers are becoming increasingly savvy about how to approach us.

Are you a good boss? 

While most managers tell interviewers they are terrific people managers, at least half of US adults surveyed by Gallup had left their job to get away from their manager at some point in their lives. Somewhere there is a pretty big disconnect! Forbes has a tool for you to see if you are a good boss. It is only five questions so you might want to go assess yourself.

Motro D, & Ellis AP (2016). Boys, Don’t Cry: Gender and Reactions to Negative Performance Feedback. The Journal of Applied Psychology PMID: 27808525

Image

Share
Comments Off on Internet commenters, crying men, psychiatrists on trial, and good  bosses

timely-tidbits-logoYou are not seeing double. Over the last month we’ve kept reading and reading and reading but many of the articles we read for the blog were fun but just not substantive enough for a full blog post. So. Think of this as the director’s cut version of the blog—full of things you wish we’d blogged on but that are included here for your pleasure and edification.

Women just need to ask for a raise, right? It is 2016, after all!

It is 2016. And yet, managers treat some women differently than they treat men who ask for raises. Women do ask for raises. They just don’t get them—according to a new study summarized over at Pacific Standard Magazine and looking at Australian salaries in 2013–14. The large survey—it features responses from 4,600 workers at 840 workplaces, just over half of them female — asks specific questions about pay raises, of both the requested and granted variety.

Women are 25% less likely than men to receive the raises they request and there is no evidence women do not ask because they are afraid their relationship with their manager will be compromised. It is not that women need to be more assertive. We will leave it to you to think of what this really represents.

Keep yourself from designing in discrimination

Remember that Snapchat filter that got pulled because users said it was racist and mimicked a ‘yellowface’ caricature of an Asian face? Snapchat said it meant to evoke anime characters and removed the filter within hours of uploading it due to negative feedback. Lena Groeger (also writing at PacificStandard) says this is what happens when you don’t have a diverse team working on your products and services—it makes you blind to design decisions that are hurtful or discriminatory to your customers. This is a thought-provoking and easy-to-read article on how we make choices that bring indignity and discomfort to others.

More hairy information

We’ve written about beards, baldness, lumbersexuals, and more on hair that we’ve likely forgotten—but we cannot avoid this study (and we know you would not want us to miss pointing you toward it). Women (says a new study and since it is research it must not be wrong) prefer men with beards when they are looking for long-term relationships. The researchers showed women pictures of men who were either: clean-shaven, had light stubble, heavy stubble, or full beards. Stubble was rated most attractive overall but only for short-term relationships. Full beards were the most attractive when considering longer relationships. The researchers say this is likely because hirsuteness in the form of a full beard “is a signal of formidability among males and the potential to provide direct benefits, such as enhanced fertility and survival, to females”.

Oh man. They were doing so well. Then they gave themselves away as evolutionary psychologists. Admittedly, this blog has a long-standing tradition of poking those psychologists. Sometimes they hit on stereotypes we all apply (like in the “wide-faced men are thugs” research on how we stereotype by appearance) but more often they do ridiculous things like saying men are attracted to women shaped like Barbie dolls and other things our readers just know are totally untrue. For a rundown of the posts we’ve done on the work of evolutionary psychologists see this—and don’t count on the accuracy of women choosing bearded men for their virility and survival skills.

Helpfulness is just exhausting

We’re here to tell you. Being helpful to others is just very tiring. But don’t take our word for it—new research agrees. People who are helpful (on a daily basis) in the workplace are less productive and get burned out. The authors (one of whom summarized their work at Harvard Business Review) offer take-aways for both helpers and help-seekers. We think their recommendations are also useful for managers and human resource personnel as they are concrete, practical, and easy to implement.

Lanaj K, Johnson RE, & Wang M (2016). When lending a hand depletes the will: The daily costs and benefits of helping. The Journal of Applied Psychology, 101 (8), 1097-110 PMID: 27149605

Dixson BJ, Sulikowski D, Gouda-Vossos A, Rantala MJ, & Brooks RC (2016). The masculinity paradox: facial masculinity and beardedness interact to determine women’s ratings of men’s facial attractiveness. Journal of Evolutionary Biology, 29 (11), 2311-2320 PMID: 27488414

Image

Share
Comments Off on Beards, designing in discrimination, assertion for women, and the exhausting process of helping  

Your face can get you killed… 

Monday, May 9, 2016
posted by Rita Handrich

untrustworthy-faceHere’s a sad study that tells us stereotypes are alive and well in American court systems. Let’s say you are unfortunate enough to be on trial for murder. According to this study, how wide your face is can be the difference between life and death if you are convicted–even if you are actually innocent.

We’ve written before about wide-faced men and the link with aggression and this study is similar to those but it’s done with photos of men who were actually imprisoned on death row or were serving life sentences for murder. The researchers wanted to see if jurors may have made assumptions about predilection to violence from looking at faces of defendants and if that “face analysis” resulted in sentencing disparities between those with trustworthy versus untrustworthy faces.

They pulled the photos of the men from the state of Florida (which still has the death penalty) and had 208 online volunteers look at the photographs (which were cropped to show faces only and gray-scaled so the color of the prison uniforms did not influence the raters. The researchers even controlled for whether the inmate was wearing eyeglasses or if they had visible (face or neck) tattoos. The volunteers rated the faces in the photo for trustworthiness.

Here is what they found:

Perceptions of untrustworthiness predicted death sentences as opposed to life sentences for convicted murderers in Florida. (The researchers just asked the participants to rate whether the faces in the photos were trustworthy or not. Then, they went back to look at the actual trial outcomes to see who had been sentenced to death and who’d been sentenced to life in prison.

One of the variables the researchers checked (because they are evolutionary psychologists, naturally) was facial width (which is set at puberty and not under anyone’s control). Sure enough, if you have a wide face you do not “look” trustworthy. Just as we presume the jurors did, the online raters looked at a face and deemed it untrustworthy.

Undeterred, the researchers looked to those convicted of murder and later acquitted (following an appeal usually due to Innocence Project help and DNA evidence). They used photos of 37 faces of convicts, all from states allowing the death penalty. Twenty were black and 17 were white or Hispanic, 20 sentenced to life and 17 sentenced to death. The researchers had them rated again after cropping and converting to gray-scale. The goal was the same in this second study—to have online participants rate the face as trustworthy versus untrustworthy and then look to see if there was a relationship between facial appearance and ultimate sentencing. You know what happened. The very same thing as had happened before.

If the former defendant (who’d been found guilty and then acquitted on appeal typically due to DNA evidence) had an untrustworthy face—they were more likely to have been sentenced to death.

The researchers are quick to say that this second sample was only from Florida and they comment that if you are in Florida—your face can be a ticket to death by lethal injection or life in prison.

We believe that this is likely not just a Florida thing. Take a look at the graphic illustrating this post. The man in that photo “looks like” a thug and jurors looking at him may make a determination he is more likely to kill again than his fellow defendant who looks so much more trustworthy—and so they sentence him to death.

From a litigation advocacy perspective, this is yet another example of how extra-evidentiary information plays into (in this case) life and death decision-making on the part of jurors. We’ve blogged before about using makeup to cover tattoos to modify the defendant’s “visual identity” and even about adding eyeglasses to change your client’s image (known as the “nerd defense”). This is just another example of how powerful our stereotypes and assumptions can be during deliberations. Facial reconstruction surgery is likely out of reach for most defendants but it would be useful to consider how to best mask the “thug look” some defendants carry with them based on simple genetics and heredity.

Wilson JP, & Rule NO (2015). Facial Trustworthiness Predicts Extreme Criminal-Sentencing Outcomes. Psychological Science, 26 (8), 1325-31 PMID: 26162847

Image

Share
Comments Off on Your face can get you killed… 

storytellingIf a man is a good storyteller, we tend to see him as more attractive and as having higher status. That is, if we are looking for a long-term relationship partner. Unfortunately, it does not work for women storytellers with male audiences nor for those looking for a short-term relationship. This is the first series of studies examining the impact of storytelling ability on attracting relationships (if you are a man). Confusing?

Rather than describing the studies done (there were three of them) we are going to focus on the results (which were consistent across all three studies) and (we think) have implications for the courtroom.

Storytelling ability resulted in women thinking the male storyteller was a more attractive prospect for a long-term relationships.

Women also thought men who were good storytellers had higher perceived social status. (This was again not the case for men listening to women tell stories.)

The authors explain their results using evolutionary theory (from a psychological perspective) and say that heterosexual women are drawn to good (male) storytellers because those men may be more efficient in obtaining resources and influencing others. We kid you not—they wrote this. If you have been a reader of this blog for long, you know we do not often agree with evolutionary psychologists, but find they are often amusing. Thus, instead of focusing on women’s desire to find a good man to provide for her (ahem) we will look at this from the perspective of litigation advocacy.

We’ve written about Melanie Green’s work on narrative transportation before and like to apply the idea to litigation advocacy. The storytelling model is familiar to us all and perhaps the most popular way to tell a story effectively in the courtroom. In 2000, she published a scale to measure the degree to which listeners were “transported” by a good story. While that scale has not become popular, we think it is a good structure to assess the degree to which jurors are going to be willing to listen to your case narrative. Here is a table from that 2000 article listing a number of questions from the Transportation Scale:

scale

You can likely see how some of these questions could be fruitful in voir dire and jury selection. You want to see who will listen and who will consider their dinner plans and how to cut deliberations short to make dinner on time.

If you have jurors who like a good story and you tell a good story—you are likely to have those jurors focused and intent on the evidence.

But—even if you’re male—don’t count on women finding you more attractive as a result. Unless you are an evolutionary psychologist. Yet we know, based on past research, being seen as attractive is likely to help you be successful at most social endeavors.

Telling a good story has been an attention grabber throughout the ages. And if being a good storyteller enhances your persuasiveness even a little, that’s a good advantage to enjoy while in court.

DONAHUE, J., & GREEN, M. (2016). A good story: Men’s storytelling ability affects their attractiveness and perceived status. Personal Relationships DOI: 10.1111/pere.12120

Image

Share
Comments Off on Listen to that man! He is attractive and likely high in status