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Article

Aesthetic modes and categories of perception and judgement were crucial to the development of Charles Darwin’s “theory of descent with modification through natural selection.” Indeed, Darwin understood the aesthetic as fundamentally constitutive of the natural historian’s method. In the closing retrospect of the journal of his circumnavigation as ship’s naturalist on HMS Beagle (1836), Darwin assesses his experience in aesthetic terms—of pleasure and pain, wonder and horror, the picturesque and sublime—rather than in terms of acquired scientific knowledge. Darwin’s account of the voyage makes aesthetic discrimination the main technique of natural-historical observation: it affords cognition of the natural world as a complex interplay of formal differences constituting a dynamic totality, a living system. A key aesthetic category, the sublime, articulates the awful discrepancy between human and natural scales of history, event, and meaning. Darwin makes a strategic appeal to the aesthetic to justify his new vision of nature to the Victorian public, overriding its scandalous ethical and political implications, in On the Origin of Species (1859): “There is grandeur in this view of life . . . from so simple a beginning endless forms most beautiful and most wonderful have been, and are being, evolved.” As well as the exposition of an argument, the Origin is a treatise on method. Darwin trains his readers to appreciate the evaluative scrutiny of formal difference that characterizes the operation of natural selection itself. The opening chapter, on artificial selection, proposes the domestic animal breeder as a “connoisseur,” expert in assessing minute morphological variations without concern for an ultimate end—that is, the improvement of the race. The figure is an analogue for natural selection, the motive principle of which is the fine but decisive discrimination (for life or death) of individual differences. The “powers of discrimination and taste” determine human evolution—constituting its medium, the semi-autonomous domain of culture—according to Darwin’s next synthetic statement of his theory. The Descent of Man (1871) proposes the supplementary agency of sexual selection as the main motor of human cultural development. Its productive principle is, once again, the evaluation of fine formal differences (“there is in the mind of man a strong love for slight changes in all things”), trained, however, upon pleasurable appearance rather than function or use. Sexual selection generates “the differences in external appearance between the races of man,” as well as between the sexes, explicitly on grounds of aesthetic preference: Darwin conflates skin color, body hair, and other physiological features with artificial ornaments in a rhapsodic vision of the infinite variety of human standards of beauty. Sexual selection claims a field of formal superfluity or redundancy, neutral with respect to the pressures of natural selection, in which the aesthetic comes into play, originated by the erotic drive but not functionally bound by it. Darwin decisively relocates aesthetic judgement—and the play of form—upon a principle of etiologically generated, infinite formal differentiation: emancipating it from the strongly normative teleological account that Victorian culture took over from German Idealism.

Article

Hendrik Schmitz and Svenja Winkler

The terms information and risk aversion play central roles in healthcare economics. While risk aversion is among the main reasons for the existence of health insurance, information asymmetries between insured individual and insurance company potentially lead to moral hazard or adverse selection. This has implications for the optimal design of health insurance contracts, but whether there is indeed moral hazard or adverse selection is ultimately an empirical question. Recently, there was even a debate whether the opposite of adverse selection—advantageous selection—prevails. Private information on risk aversion might weigh out information asymmetries regarding risk type and lead to more insurance coverage of healthy individuals (instead of less insurance coverage in adverse selection). Information and risk preferences are important not only in health insurance but more generally in health economics. For instance, they affect health behavior and, consequently, health outcomes. The degree of risk aversion, the ability to perceive risks, and the availability of information about risks partly explain why some individuals engage in unhealthy behavior while others refrain from smoking, drinking, or the like. Information has several dimensions. Apart from information on one’s personal health status, risk preferences, or health risks, consumer information on provider quality or health insurance supply is central in the economics of healthcare. Even though healthcare systems are necessarily highly regulated throughout the world, all systems at least allow for some market elements. These typically include the possibility of consumer choice, for instance, regarding health insurance coverage or choice of medical provider. An important question is whether consumer choice elements work in the healthcare sector—that is, whether consumers actually make rational or optimal decisions—and whether more information can improve decision quality.

Article

Gideon Rahat and William P. Cross

Candidate selection is about the decisions political parties make regarding who to put forward as candidates under their label for general elections. Beyond being the function that differentiates parties from other political groupings (especially considering the decline in parties’ performance of their other traditional functions), candidate selection is crucial for understanding power relations within parties, the composition of parliaments, and the behavior of elected officials. It also has an impact on the quality of democracy, especially with regard to the values of participation, competition, responsiveness, and representation. Candidate selection methods vary according to certain parameters. The two most important ones are the level of inclusiveness of the selectorate(s) (the body or bodies that choose the candidates) and their relative level of centralization. Beyond the few cases in which state laws define the process, the nature of candidate selection methods is influenced by various country-level factors, such as the electoral system and national political culture, as well as by party-level characteristics, such as party ideology. Reform of candidate selection methods occurs as a result of general developments, such as party change or personalization, party system developments, such as electoral defeat, and intraparty struggles. Although candidate selection is no longer “the secret garden of politics,” research still faces various obstacles. Consequently, the level of scholarly development is less advanced than the parallel study of electoral systems and their political consequences.

Article

Mirjamaija Mikkilä-Erdmann, Anu Warinowski, and Tuike Iiskala

Finland has gained increasingly more global interest among educationalists and politicians because of its excellent results on large-scale international student assessments like the Programme for International Student Assessment (PISA). An interesting question is how a small country in the Global North with only 5 million inhabitants has managed to develop a school system that has gone from undistinguished to top-performing in two decades. The reasons for Finland’s successful and egalitarian school system can be investigated from many perspectives. One view regards teacher education, with the assumption that it has special characteristics that contribute to the success of Finland’s educational system. Factors include systematic selection, a progressive curriculum design that supports teachers’ learning of content knowledge, and the creation of teachers’ didactic skills. In addition, systematic teaching practices in special schools, called training schools, are used to help students integrate theoretical understanding and the practical skills needed for the teaching profession, especially those related to individual student learning in everyday classrooms. Furthermore, the role of empirical research skills in facilitating the development of teacher expertise is essential in Finnish teacher education. Generally, the concept behind Finnish teacher education seems to work very well. However, the system will face challenges in the future, such as how to develop new research-based methods of student selection that are valid and reliable. The educational path—from academic preservice teacher education in a university context to in-service teacher education—is developing and offers the newest research-based knowledge for all teachers, but there is still a lot work to be done in order to link all teachers within official continuous learning systems with universities throughout their careers. Finland’s teaching profession offers a great deal of autonomy and freedom, and the quality of school learning is based on teachers’ evaluations, not standardized tests. Like other countries, Finland is rapidly changing. Hopefully the most important feature of the Finnish educational system, the transparent dialog between the educational research community, the government, teachers, and parents, will carry over into the future. Without dialogue, educators cannot learn about the shared values supporting current and future schools.

Article

Jason Loh and Guangwei Hu

Since the turn of this century, and especially in the past decade, Singapore has consistently done well in international benchmark studies, be it the Progress in International Reading Literacy Study (PIRLS), the Programme for International Student Assessment (PISA), the Trends in International Mathematics and Science Study (TIMSS), or the International Baccalaureate diploma assessment. Singapore’s sterling performance in these different benchmark assessments has been widely attributed to the quality of its teaching force, which is, in turn, ascribed to the teacher education programs provided by its sole teacher education institution – the National Institute of Education (NIE), Nanyang Technological University (NTU). Teacher education began during the country’s colonial past, but there was no designated provider of comprehensive training until teacher training was institutionalized in 1950, when the Teacher Training College was established. After Singapore gained independence in 1965, the institution’s capacity expanded rapidly as a teacher training department and later as a statutory board within the Ministry of Education. In 1991, to raise the stature of teacher education, the Teacher Training College was incorporated as an autonomous institute within the newly formed NTU. Due to the need to ensure the survival of a tiny island nation over the years, it has been imperative to educate the population for industry and development. In the process, tensions have arisen from: (a) the recruitment of huge numbers of teachers and the concomitant quality of their training, (b) collaboration with the Ministry of Education, and (c) the influence of educational research on theory and practice. In the third decade of the 21st century, with the stranglehold that neoliberalism has on many educational systems around the world, including Singapore, will NIE be able to prepare its future teachers to navigate and survive in such a climate, while continuing to strengthen its theory-practice nexus? With the dwindling of student numbers across all sectors and the accompanying reduced need for new teachers in the country, will NIE look beyond the shores of Singapore, internationalize its programs, and take on a leadership role in the region?

Article

Situational Action Theory (SAT) is a general, dynamic, and mechanism-based theory of crime and its causes. It is general because it proposes to explain all kinds of crime (and rule-breaking more generally). It is dynamic because it centers on analyzing crime and its changes as the outcome of the interactions between people and their environments. It is mechanism-based because its explanation focuses on identifying key basic processes involved in crime causation. SAT analyzes crime as moral actions and its explanation focuses on three basic and interrelated explanatory mechanisms: the perception–choice process (the situational mechanism) that explains why crime events happen; selection-mechanisms that explain why criminogenic situations occur; and mechanisms of emergence that explain why people develop and change their crime propensities (psychosocial processes), and why places develop and change their criminogeneity (socioecological processes).

Article

Evolution, as a biological process and a metaphor, has utility in our understanding of international relations. The former is largely inapplicable for obvious, conceptual, and empirical reasons; but the latter is more promising, though those who use it must be explicit about its limitations. There must be considerations on how evolution contrasts with conscious adaption and imitation, on the argument for the need to distinguish among them analytically and empirically, and on the further exploration of the different conditions in which these other two mechanisms might be relevant.

Article

Rose McDermott and Christian Davenport

The current practice of conceiving and examining international relations within the dogma of the existing dominant paradigm in international relations unnecessarily truncates our understanding of how historical factors influence current events and restricts our ability to generate flexible and creative hypotheses to predict, and perhaps more successfully intervene in, future events. In many ways, these constraints result, at least in part, from the temporal, strategic, and behavioral isolation embedded in these models, which limit our ability to understand, integrate, and address how states deal with one another comprehensively. Substantial theoretical and empirical purchase can be gained through the application of an integrated explanatory rubric of evolutionary modeling, invoking the central concepts of variation, selection, and retention. Models derived from evolutionary psychology, applied not only to human cognitive architecture, but also to the interaction of these psychological dynamics with environmental factors including institutions, provides a richly generative framework from which to derive meaningful and novel hypotheses about politics in general and international relations in particular. It also allows for a progressive and cumulative research agenda that can build a more comprehensive and descriptively accurate foundation for understanding the nature of interaction between people and societies as well as between states themselves. Such an approach provides a useful framework for understanding the dynamic and interactive nature of international relations, sheds light on existing limitations as well as empirical findings, and facilitates insight into areas not yet explored.

Article

Juha Merilä and Ary A. Hoffmann

Changing climatic conditions have both direct and indirect influences on abiotic and biotic processes and represent a potent source of novel selection pressures for adaptive evolution. In addition, climate change can impact evolution by altering patterns of hybridization, changing population size, and altering patterns of gene flow in landscapes. Given that scientific evidence for rapid evolutionary adaptation to spatial variation in abiotic and biotic environmental conditions—analogous to that seen in changes brought by climate change—is ubiquitous, ongoing climate change is expected to have large and widespread evolutionary impacts on wild populations. However, phenotypic plasticity, migration, and various kinds of genetic and ecological constraints can preclude organisms from evolving much in response to climate change, and generalizations about the rate and magnitude of expected responses are difficult to make for a number of reasons. First, the study of microevolutionary responses to climate change is a young field of investigation. While interest in evolutionary impacts of climate change goes back to early macroevolutionary (paleontological) studies focused on prehistoric climate changes, microevolutionary studies started only in the late 1980s. The discipline gained real momentum in the 2000s after the concept of climate change became of interest to the general public and funding organizations. As such, no general conclusions have yet emerged. Second, the complexity of biotic changes triggered by novel climatic conditions renders predictions about patterns and strength of natural selection difficult. Third, predictions are complicated also because the expression of genetic variability in traits of ecological importance varies with environmental conditions, affecting expected responses to climate-mediated selection. There are now several examples where organisms have evolved in response to selection pressures associated with climate change, including changes in the timing of life history events and in the ability to tolerate abiotic and biotic stresses arising from climate change. However, there are also many examples where expected selection responses have not been detected. This may be partly explainable by methodological difficulties involved with detecting genetic changes, but also by various processes constraining evolution. There are concerns that the rates of environmental changes are too fast to allow many, especially large and long-lived, organisms to maintain adaptedness. Theoretical studies suggest that maximal sustainable rates of evolutionary change are on the order of 0.1 haldanes (i.e., phenotypic standard deviations per generation) or less, whereas the rates expected under current climate change projections will often require faster adaptation. Hence, widespread maladaptation and extinctions are expected. These concerns are compounded by the expectation that the amount of genetic variation harbored by populations and available for selection will be reduced by habitat destruction and fragmentation caused by human activities, although in some cases this may be countered by hybridization. Rates of adaptation will also depend on patterns of gene flow and the steepness of climatic gradients. Theoretical studies also suggest that phenotypic plasticity (i.e., nongenetic phenotypic changes) can affect evolutionary genetic changes, but relevant empirical evidence is still scarce. While all of these factors point to a high level of uncertainty around evolutionary changes, it is nevertheless important to consider evolutionary resilience in enhancing the ability of organisms to adapt to climate change.

Article

Heidi Harley and Shigeru Miyagawa

Ditransitive predicates select for two internal arguments, and hence minimally entail the participation of three entities in the event described by the verb. Canonical ditransitive verbs include give, show, and teach; in each case, the verb requires an agent (a giver, shower, or teacher, respectively), a theme (the thing given, shown, or taught), and a goal (the recipient, viewer, or student). The property of requiring two internal arguments makes ditransitive verbs syntactically unique. Selection in generative grammar is often modeled as syntactic sisterhood, so ditransitive verbs immediately raise the question of whether a verb may have two sisters, requiring a ternary-branching structure, or whether one of the two internal arguments is not in a sisterhood relation with the verb. Another important property of English ditransitive constructions is the two syntactic structures associated with them. In the so-called “double object construction,” or DOC, the goal and theme both are simple NPs and appear following the verb in the order V-goal-theme. In the “dative construction,” the goal is a PP rather than an NP and follows the theme in the order V-theme-to goal. Many ditransitive verbs allow both structures (e.g., give John a book/give a book to John). Some verbs are restricted to appear only in one or the other (e.g. demonstrate a technique to the class/*demonstrate the class a technique; cost John $20/*cost $20 to John). For verbs which allow both structures, there can be slightly different interpretations available for each. Crosslinguistic results reveal that the underlying structural distinctions and their interpretive correlates are pervasive, even in the face of significant surface differences between languages. The detailed analysis of these questions has led to considerable progress in generative syntax. For example, the discovery of the hierarchical relationship between the first and second arguments of a ditransitive has been key in motivating the adoption of binary branching and the vP hypothesis. Many outstanding questions remain, however, and the syntactic encoding of ditransitivity continues to inform the development of grammatical theory.

Article

Yoshiharu Kobayashi

Economic sanctions are an attempt by states to coerce a change in the policy of another state by restricting their economic relationship with the latter. Between, roughly, the 1960s–1980s, the question dominating the study of sanctions was whether they are an effective tool of foreign policy. Since the 1990s, however, with the introduction of large-N datasets, scholars have turned to more systematic examinations of previously little explored questions, such as when and how sanctions work, when and why states employ sanctions, and why some sanctions last longer than others. Two dominant perspectives, one based on strategic logic and the other on domestic politics, have emerged, providing starkly different answers to these questions. A growing body of evidence lends support to both strategic and domestic politics perspectives, but also points to areas in which they fall short. To complement these shortcomings, a new direction for research is to unite these perspectives into a single theoretical framework.

Article

Recent methodological work on systematic case selection techniques offers ways of choosing cases for in-depth analysis such that the probability of learning from the cases is enhanced. This research has undermined several long-standing ideas about case selection. In particular, random selection of cases, paired or grouped selection of cases for purposes of controlled comparison, typical cases, and extreme cases on the outcome variable all appear to be much less useful than their reputations have suggested. Instead, it appears that scholars gain the most in terms of making new discoveries about causal relationships when they study extreme cases on the causal variable or deviant cases.

Article

James A. Densley

This article examines the who, what, where, when, why, and how of gang joining. The question of what youth join when they join gangs speaks to the contested nature of gang definitions and types and the consequences of gang membership, specifically heightened levels of offending and victimization. The type of gang and the obligations of membership influence the joining process. Where youth join gangs, namely, the neighborhood and social context, also impacts individual opportunities and preferences for joining. When youth join gangs is considered in a developmental sense, to include both adolescent and adult onset, in order to account for continuity and change in individual levels of immersion or “embeddedness” in gangs across the life course. Who joins gangs provides a profile of gang membership grounded in the well-documented risk factors for gang membership, but limited by problems of prediction. Why youth join gangs speaks to the push and pull factors for membership, the appeal of gangs, and the selective incentives they offer. Still, motivations for gang membership cannot fully explain selection into gangs, nor can general theories of crime that do not necessarily fit with general knowledge of gangs. How youth join gangs, for example, is more complicated than initiation rites. The mechanisms underlying the selection process can be understood through the lens of signaling theory, with implications for practice.

Article

Elizabeth A. Lane and Ryan C. Black

The Supreme Court’s docket consists of thousands of cases each term, with petitioners hoping at least four justices will be compelled to grant review to their case. The decision to move a case from their docket to their calendar for oral arguments and all intermediate steps is what is known as the agenda-setting process. This is a fundamental step in the judicial process, as the Supreme Court cannot establish precedent and affect policy change without first deciding to review.

Article

A limited dependent variable (LDV) is an outcome or response variable whose value is either restricted to a small number of (usually discrete) values or limited in its range of values. The first type of LDV is commonly called a categorical variable; its value indicates the group or category to which an observation belongs (e.g., male or female). Such categories often represent different choice outcomes, where interest centers on modeling the probability each outcome is selected. An LDV of the second type arises when observations are drawn about a variable whose distribution is truncated, or when some values of a variable are censored, implying that some values are wholly or partially unobserved. Methods such as linear regression are inadequate for obtaining statistically valid inferences in models that involve an LDV. Instead, different methods are needed that can account for the unique statistical characteristics of a given LDV.

Article

Peter M. Siavelis and Scott Morgenstern

Candidate recruitment and selection is a complex and opaque process that drives political outcomes and processes. Further, the process of candidate selection is notoriously difficult to study because of its informal nature, the multiplicity of actors involved, and because politicians may prefer to obfuscate their motives when asked about their decisions. Still, the literature has made advances in understanding recruitment and selection (R&S) and this article explores this crucial and understudied topic with respect to Latin America. Much literature has considered the importance of political institutions to candidate selection, but these explanations alone are insufficient. Analyses of political institutions have significantly advanced in the region, but in isolation, their explanatory power can fall short, as evident in examples where similar institutional frameworks yield different outcomes . This suggests the need to include informal processes when analyzing candidate recruitment and selection procedures. Then, armed with a more complete understanding of the processes, we can better assess the impacts of candidate choice on political outcomes. There is extensive work on recruitment and candidate selection in Latin America that focuses on executives, legislators, and gender. Each of these themes provides multiple examples of how outcomes are determined through a combination of formal institutions and informal practices. . The region’s politics have been trending towards more formal, open, and inclusive processes. This is largely a result of the belief that there is a crisis of representation for which parties are to blame. Reformists have thus championed more inclusive selection processes as an antidote to the problem of low-quality representation. By themselves, however, these reforms are insufficient to enhance the quality of democracy and they can have high associated costs for the democratic system. Therefore, the multiple consequences of the R&S process—intended and hidden—should raise caution for scholars and reformers.

Article

The effective operation of a school unit relies on various factors, the most critical of which is leadership, as it this which shapes the working environment through which the school succeeds or fails. Indeed, an effective leader can inspire vision and promote educational policy in the interests of the school and other stakeholders. This leadership role in schools is undertaken by head teachers, who are called to act as supervisors of the school’s human resources in parallel with their purely administrative work. In order for school leaders to achieve these outcomes, however, they must be adequately trained so as to be competent in undertaking the arduous task of leading a school unit. Consequently, in order for school leaders to carry out their daunting tasks successfully—in other words, achieve the best possible results with the fewest sacrifices and least effort—they must possess certain knowledge and aptitudes. For this reason, the staffing of the school units in any country (and hence in Greece) with capable school leaders should be the top priority of the State, while measures should be taken to ensure that the processes for selecting school leaders and for their professional development remain objective and systematic, if the country intends to implement an educational policy efficiently and effectively. Taking into account that the school leader is not born but becomes, and that school leaders are central to the administration of a country’s educational system, it is vital that a system of selection and development of schools’ head teachers be institutionalized.

Article

Ching-to Albert Ma and Henry Y. Mak

Health services providers receive payments mostly from private or public insurers rather than patients. Provider incentive problems arise because an insurer misses information about the provider and patients, and has imperfect control over the provider’s treatment, quality, and cost decisions. Different provider payment systems, such as prospective payment, capitation, cost reimbursement, fee-for-service, and value-based payment, generate different treatment quality and cost incentives. The important issue is that a payment system implements an efficient quality-cost outcome if and only if it makes the provider internalize the social benefits and costs of services. Thus, the internalization principle can be used to evaluate payment systems across different settings. The most common payment systems are prospective payment, which pays a fixed price for service rendered, and cost reimbursement, which pays according to costs of service rendered. In a setting where the provider chooses health service quality and cost reduction effort, prospective payment satisfies the internalization principle but cost reimbursement does not. The reason is that prospective payment forces the provider to be responsible for cost, but cost reimbursement relieves the provider of the cost responsibility. Beyond this simple setting, the provider may select patients based on patients’ cost heterogeneity. Then neither prospective payment nor cost reimbursement achieves efficient quality and cost incentives. A mixed system that combines prospective payment and cost reimbursement performs better than each of its components alone. In general, the provider’s preferences and available strategies determine if a payment system may achieve internalization. If the provider is altruistic toward patients, prospective payment can be adjusted to accommodate altruism when the provider’s degree of altruism is known to the insurer. However, when the degree of altruism is unknown, even a mixed system may fail the internalization principle. Also, the internalization principle fails under prospective payment when the provider can upcode patient diagnoses for more favorable prices. Cost reimbursement attenuates the upcoding incentive. Finally, when the provider can choose many qualities, either prospective payment and cost reimbursement should be combined with the insurer’s disclosure on quality and cost information to satisfy the internalization principle. When good healthcare quality is interpreted as a good match between patients and treatments, payment design is to promote good matches. The internalization principle now requires the provider to bear benefits and costs of diagnosis effort and treatment choice. A mixed system may deliver efficient matching incentives. Payment systems necessarily interact with other incentive mechanisms such as patients’ reactions against the provider’s quality choice and other providers’ competitive strategies. Payment systems then become part of organizational incentives.

Article

Sherry Glied and Richard Frank

Mental health economics addresses problems that are common to all of health economics, but that occur with greater severity in this context. Several characteristics of mental health conditions—age of onset, chronicity, observability, and external effects—make them particularly economically challenging, and a range of policies have evolved to address these problems. The need for insurance—and for social insurance—to address mental health problems has grown. There is an expanding number of effective treatments available for mental health conditions, and these treatments can be relatively costly. The particular characteristics of mental health conditions exacerbate the usual problems of moral hazard, adverse selection, and agency. There is increased recognition, in both the policy and economics literatures, of the array of services and supports required to enable people with severe mental illnesses to function in society’s mainstream. The need for such non-medical services, generates economic problems of cross-system coordination and opportunism. Moreover, the impairments imposed by mental disorders have become more disruptive to the labor market because the nature of work is changing in a manner that creates special disadvantages to people with these conditions. New directions for mental health economics would address these effects.

Article

Christina L. Boyd and Adam G. Rutkowski

Trial court judges are often referred to as the workhorses of the judicial system. This is unsurprising given that millions of civil and criminal cases are filed and resolved in U.S. state and federal trial courts each year. Very few of these cases ever reach appellate courts, meaning that trial courts are often the first and only court with which people directly interact. At the same time, trial courts can make local and national policy, both in individual cases and in the aggregate. This important role of trial courts and their actors has not gone unnoticed by scholars across social science disciplines. One can consider trial courts in a broad sense by tracking the historical developments that led to the trial courts in the United States. As caseloads have increased, trial courts—particularly those with specialized jurisdictions—have been created out of necessity. State trial courts feature variation in their judicial selection methods, including elections and appointments. At the federal level, increased polarization has led to contentious partisan confirmation battles for federal trial court judges. Trials are a rare occurrence, with plea agreements and settlements being the most frequent methods of resolving cases. To understand trial court actor behavior, it is important to remember that state and federal trial courts sit at the bottom of their judicial hierarchies. The preferences of their hierarchical superiors, along with the presence of high trial court caseloads and the rarity of trials, rein in judges’ discretion and the potential effects of their personal characteristics and attitudes. Because of these judge constraints, actors such as prosecutors, defense attorneys, and juries play a significant role in trial court outcomes. As the literature reveals, the “repeat players” in trial courts hold significant advantages over less experienced litigants and attorneys that affect their likelihood of gaining favorable outcomes, among other things. Race and gender of these actors can have significant effects on behavior in certain types of cases. There are many hurdles that remain for scholars seeking to study trial courts. For example, state trial courts, in particular, continue to be difficult to study empirically. This is due largely to a lack of data availability. Relatedly, scholars must continue to strive to find ways to study trial court outcomes and events that do not lead to published opinions—for example settlements, plea bargains, prosecutorial declinations, and many decided motions. Each of these involves important decisions and outcomes that affect parties and may be affected by judges and lawyers.