Arguments Against a Presumption of Shared Physical Custody in Family Law

ABSTRACT

The introduction of the “best interests of the child” standard as a legal presumption in family law in the 1970s signaled an important transition away from a maternal preference standard in child custody disputes, toward a recognition of the centrality and importance of both parents in the lives of children after parental separation. Paradoxically, this reform resulted in an increase rather than decrease in court-determined maternal sole custody. Despite robust empirical evidence in support of shared parenting, a gender convergence in child care roles, and increasing public support for shared parenting, the idea of shared parenting as a legal presumption has been met with skepticism and resistance among some legal and mental health professionals. This article traces the evolution of arguments against shared parenting since the concept was first introduced, from the early 1970s until the present day.     

A Qualitative Exploration of the Premigration Victimization Experiences of Sexual and Gender Minority Refugees and Asylees in the United States and Canada

Progress in analyzing and interpreting the concepts of sexual orientation and gender identity in the context of refugee law has contributed to a rise in individuals seeking asylum in such countries as the United States and Canada. However, few studies have examined the victimization experiences of sexual- and gender-identity forced migrants prior to their arrival in North America. This qualitative study used thematic analysis to explore the premigration adult victimization experiences of 26 lesbian, gay, and transgender individuals who obtained refugee, asylee, or withholding-of-removal status in the United States or Canada based on persecution for their sexual orientation and/or gender identity. Participants originated from countries in Asia, Africa, the Caribbean, Eastern Europe, Latin America, and the Middle East. Analysis revealed the following themes: living on the edge, adopting concealment strategies, routine victimization, and protectors as perpetrators. Participants described living in a constant state of hypervigilance, and they adopted numerous strategies to protect themselves from victimization. Despite the use of such strategies, participants experienced victimization by community members and state actors, leaving them no choice but to flee to ensure their safety and well-being. Findings are discussed using the ecological framework outlined by the World Health Organization (WHO). The discussion concludes with implications for international policy and clinical practice.     

Comorbidity of Alcohol and Gambling Problems in Emerging Adults: A Bifactor Model Conceptualization

Addictive disorders, such as pathological gambling and alcohol use disorders, frequently co-occur at greater than chance levels. Substantive questions stem from this comorbidity regarding the extent to which shared variance between gambling and alcohol use reflects a psychological core of addictive tendencies, and whether this differs as a function of gender. The aims of this study were to differentiate both common and unique variance in alcohol and gambling problems in a bifactor model, examine measurement invariance of this model by gender, and identify substantive correlates of the final bifactor model. Undergraduates (N = 4475) from a large northwestern university completed an online screening questionnaire which included demographics, quantity of money lost and won when gambling, the South Oaks Gambling Screen, the AUDIT, gambling motives, drinking motives, personality, and the Brief Symptom Inventory. Results suggest that the bifactor model fit the data well in the full sample. Although the data suggest configural invariance across gender, factor loadings could not be constrained to be equal between men and women. As such, general and specific factors were examined separately by gender with a more intensive subsample of females and males (n = 264). Correlations with motivational tendencies, personality traits, and mental health symptoms indicated support for the validity of the bifactor model, as well as gender-specific patterns of association. Results suggest informative distinctions between shared and unique attributes related to problematic drinking and gambling.     

Dynamic approach to linear statistical calibration with an application in microwave radiometry

The problem of statistical calibration of a measuring instrument can be framed both in a statistical context as well as in an engineering context. In the first, the problem is dealt with by distinguishing between the ‘classical’ approach and the ‘inverse’ regression approach. Both of these models are static models and are used to estimate exact measurements from measurements that are affected by error. In the engineering context, the variables of interest are considered to be taken at the time at which you observe it. The Bayesian time series analysis method of Dynamic Linear Models can be used to monitor the evolution of the measures, thus introducing a dynamic approach to statistical calibration. The research presented employs a new approach to performing statistical calibration. A simulation study in the context of microwave radiometry is conducted that compares the dynamic model to traditional static frequentist and Bayesian approaches. The focus of the study is to understand how well the dynamic statistical calibration method performs under various signal-to-noise ratios, r.     

A second-order iterated smoothing algorithm

Simulation-based inference for partially observed stochastic dynamic models is currently receiving much attention due to the fact that direct computation of the likelihood is not possible in many practical situations. Iterated filtering methodologies enable maximization of the likelihood function using simulation-based sequential Monte Carlo filters. Doucet et al. (2013) developed an approximation for the first and second derivatives of the log likelihood via simulation-based sequential Monte Carlo smoothing and proved that the approximation has some attractive theoretical properties. We investigated an iterated smoothing algorithm carrying out likelihood maximization using these derivative approximations. Further, we developed a new iterated smoothing algorithm, using a modification of these derivative estimates, for which we establish both theoretical results and effective practical performance. On benchmark computational challenges, this method beat the first-order iterated filtering algorithm. The method’s performance was comparable to a recently developed iterated filtering algorithm based on an iterated Bayes map. Our iterated smoothing algorithm and its theoretical justification provide new directions for future developments in simulation-based inference for latent variable models such as partially observed Markov process models.     

Cities and states in geohistory

In his last major work, Charles Tilly presents a schematic history of the development of cities, states, and trust networks over the past five millennia. I reconfigure his “look across history” from a more assertively spatial perspective, pushing back the starting point of the geohistory of cities another 5,000 years to what is presented as the first of three “urban revolutions.” From this geohistorical viewpoint, cities and states do not emerge together de novo in Sumeria but the state is seen as being generated from earlier urbanization processes or what can be described as the stimulus of urban agglomeration. The generative power of cities or urban spatial causality, rarely addressed in the social science literature, is being re-discovered today as a primary source of societal development, technological innovation, and cultural creativity. In my schematic geohistory, the stimulus of urban agglomeration is traced over 10,000 years from its early role in the development of full-scale agriculture and the remarkable artistic creativity emanating from Çatalhöyük, the largest of the earliest urban settlements; through the formation of politically charged city-states and city-based empires; to the city-generated Industrial Revolution and the origins of urban industrial capitalism; ending in a look at the contemporary reconfiguration of cities and states and the shift from metropolitan to regional urbanization.     

MINORITY CONCENTRATION, DISADVANTAGE, AND INEQUALITY IN THE NONMETROPOLITAN UNITED STATES

The implications of the residential concentration of minority populations are issues of vital concern in the United States. Much of the previous minority concentration literature has focused on African-American residents of metropolitan communities. This article expands on this literature by exploring a variety of minority groups in nonmetropolitan communities. It was found that the minority residents of communities with large minority populations were in worse socioeconomic conditions than the minority residents of predominately white communities. Further, for most socioeconomic variables, it was found that as minority concentration increased, white residents tended to do better. In addition, the extent of racial inequality between minority and white residents was greater in communities with larger minority populations. Implications of the above findings are discussed.