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THE LEGAL
CONTEXT
OF HUMAN DECISIONS
Humans affect Learner Model Systems (LMS) originating in environmental costs, which alter
future human decisions and behavior. Modular Networks online offer heterogeneity,
feedback, and emergence. Technological innovations in crosswalk procurements (i.e.,
HAWK” = High Intensity Activated Crosswalk) warn and control motorists at marked, un-
signalized crosswalks to assist pedestrians crossing a street or highway. Data collection,
physical measurements, behavioral observations and archives, and scientific reports
contribute to understanding geographic study. THE LEGAL CONTEXT OF HUMAN
DECISIONS “ignites” interesting health education programs where priority is given to
implementing policies necessary to achieve desired change and public safety action(s).
THE LEGAL CONTEXT OF HUMAN DECISIONS
Contents
EXPANDING PEDESTRIAN AWARENESS CROSSWALK EDUCATION (PACETULSA) AND
HEALTH CONSCIOUS COMMUNITIES...................................................................................................3
SIGNALIZED INTERSECTIONS AND OVERCOMING KNOWLEDGE POVERTY.................................................................3
START BY MOBILIZING KEY INDIVIDUALS AND ORGANIZATIONS INTO A COALITION .................................4
NEXT, IDENTIFY ROLES FOR PARTNERS AND ASSIGN RESPONSIBILITIES....................................................4
THEN BUILD A SUCCESSFUL LEADERSHIP. ........................................................................................................4
HEALTH, FUNCTIONING, AND QUALITY OF LIFE OUTCOMES ...................................................5
OVERCOMING PHYSICAL-SOCIAL DETERMINANTS...................................................................................................5
Access to services ...............................................................................................................................................6
Physical environment .......................................................................................................................................6
Access to healthy food alternatives.................................................................................................................7
Social environment............................................................................................................................................7
PEDESTRIAN AWARENESS CROSSWALK EDUCATION (PACETULSA) AND HEALTH-
PROMOTING BEHAVIORS..........................................................................................................................8
CURRICULUM-DESIGN CORE LEARNER METHODOLOGY.........................................................................................8
Health-Promoting Behaviors...........................................................................................................................8
INDUCTIVE REASONING METHODOLOGY .................................................................................................................9
MATERIAL EXPERIENCE METHODOLOGY.................................................................................................................9
EQUALITY INDICATORS TOOL ...................................................................................................................................9
Material Skepticism ........................................................................................................................................10
ONE-VISION 2020........................................................................................................................................11
PUBLIC TRANSPORTATION AND EQUITY .................................................................................................................11
Public-policy intervention..............................................................................................................................12
Actionable-insight ...........................................................................................................................................12
A FORUM WHICH HARNESSES CRITICAL SCIENTIFIC THINKING .........................................12
MULTI-STAKE POLICY ORGANIZATIONS.................................................................................................................12
Measures of emotional intelligence ..............................................................................................................13
Measurement outcome performance............................................................................................................14
EQUITY/ INCLUSION IN TRANSPORTATION POLICY AS A SOLUTION........................................................................18
Equity-based transportation policies focus on four core principles: ......................................................18
RACIAL INJUSTICE PERMEATES ALL FACETS OF AMERICAN CULTURE ....................................................................18
Overcoming systemic prejudice: Racism in transportation policy and health conscious
communities .....................................................................................................................................................19
Selected Landmark Decisions of the U.S. Supreme Court.........................................................................20
The Court strengthened the hand of law-enforcement officials and Racial Bias..................................21
CORPORATE RESPONSIBILITY INITIATIVES THAT BUILD PUBLIC TRUST..................................................................23
Disadvantaged Business Enterprise (DBE).................................................................................................23
Equal employment opportunity & environmental justice.........................................................................23
PUBLIC SAFETY: CONTROLLED V.S. UNCONTROLLED COSTS ................................................26
EMERGING ISSUES IN INJURY PREVENTION............................................................................................................27
Prescription misuse and overdose ................................................................................................................27
Distracted driving ...........................................................................................................................................27
THE LEGAL CONTEXT OF HUMAN DECISIONS
EMERGING ISSUES IN VIOLENCE PREVENTION ......................................................................................................27
Youth violence ..................................................................................................................................................27
Elder care & chronic disease..........................................................................................................................27
WHY IS INJURY AND VIOLENCE PREVENTION IMPORTANT? ...................................................................................27
Disparities and social determinants.............................................................................................................28
Health impact of injuries and violence.........................................................................................................28
THE LEGAL CONTEXT OF HUMAN DECISIONS HIGHLIGHTS
► Decision model, coupled human and natural systems agent based simulations are reviewed. ►
THE LEGAL CONTEXT OF HUMAN DECISIONS advocates development of Curriculum-
Design Core Learner, Inductive Reasoning, and Material Experience Methodology. ► THE
LEGAL CONTEXT OF HUMAN DECISIONS advocates Public-Policy Intervention and
Actionable-Insight that facilitate better modeling of human decisions.
Practice-based example: A practice-based example is an original investigation undertaken in
order to gain new knowledge partly by means of practice and the outcomes of that practice.
Keywords
#Agent-basedmodeling #Human decision-making #Coupledhumanand
naturalsystems#humandecisions #decisionsmade #findwhatswrong #mindchangingislifechanging
#humanisart #leaveitthereforever #artofhumanity #mindchanging #thinkingaboutit #instaartistic
THE LEGAL CONTEXT OF HUMAN DECISIONS
EXPANDING PEDESTRIAN AWARENESS CROSSWALK EDUCATION
(PACETULSA) AND HEALTH CONSCIOUS COMMUNITIES
Signalized intersections and overcoming knowledge poverty
Overcoming knowledge poverty involves the absence of political knowledge concerning public
transportation and the aware pedestrian. Discussions about expanding Pedestrian Awareness
Crosswalk Education (pacetulsa.com) and Health Conscious Communities aren’t medium for
implicit distortions.i Most people in America’s communities agree both, public safety and
transportation policy are necessary for organized travel modality. All drivers hate potholes.
Measured antipathy in public politics may result in hostility (dislike for something), loathing
(strong disgust), and objective sorting (attachment to common feelings). Generational
considerations linked to education, theoretical, spiritual or societal guidance leads us in making
“human collateral” decisions.
For most of 2018 and now 2019, infrastructure improvements and road transportation
sustainability, have been at the forefront of American Politics. National leaders, have immense
common ground when thinking about ideological positions that justify improving national
infrastructure transportation policy. According to the New York Times News, Mr. Trump’s
infrastructure plan was unveiled Monday, February 13, 2019, as the administration put forward a
$4.4 trillion budget proposal for next year. The proposal, which would create deficits of at least
$7.1 trillion over the next decade, includes $200 billion in infrastructure spending. Half of that
$200 billion would go to incentives for states and cities. The other half of the infrastructure
budget will go to grants, loans, and bonds to fund additional projects.
National Transportation Policy and Pedestrian Awareness Crosswalk Education (PACE) online
resource libraries have become mainstream Learner Model Systems (LMS) for the continuing
education and revitalization of information centers world-wide. These topical forums aren’t
vehicles to energize “specificity-survey” participant bases. Nor are PACETULSA topical forums
established to engage in antipathy for one social cause over another. The United States expects
to fund transportation policy and infrastructure initiatives, as well as, provide enforceable
political capital that translates into safer and more health conscious communities.
The U.S. Department of Transportation Federal Highway Administration agrees that traffic
signals are electrically operated traffic control devices that provide indication for roadway users
to advance their travels by alternately assigning right-of-way to each approach and movement.
Traffic signals facilitate an ordered, shared use of road space by separating conflicting
movements in time and allocating delay to the various users.ii
As early as 1940 self-reproducing machines were conceptualized by mathematician’s to achieve
cellular automation of signalized systems. Agent-based models were introduced to formulate the
eventual “blueprint” for what would be considered evolutionary science. Stanislaw Ulam, also a
mathematician; Ulam suggested that the machine be built on paper, as a collection of cells on a
grid. The idea intrigued von Neumann, who drew it up—creating the first of the devices later
THE LEGAL CONTEXT OF HUMAN DECISIONS
termed cellular automata. Another advance was introduced by the mathematician John Conway.
He constructed the well-known Game of Life. Unlike von Neumann's machine, Conway's Game
of Life operated by tremendously simple rules in a virtual world in the form of a 2-dimensional
checkerboard.iii One line of cells that serve as a 'tape', encoding a sequence of instructions that
serve as a 'blueprint' for the machine. The machine reads these instructions one by one and
performs the corresponding actions. The instructions direct the machine to use its 'construction
arm' to build a copy of the machine, without tape, at some other location in the cell grid. The
tape can't contain instructions to build an equally long tape, just as a container can't contain a
container of the same size. Therefore, the machine contains a separate 'copy machine' which
reads the tape and places a copy into the newly constructed machine. The resulting new machine
and tape is identical to the old one, and it proceeds to replicate again. Von Neumann's design
has traditionally been understood to be a demonstration of the logical requirements for machine
self-replication. iv
An online Learner Model Systems (LMS) environment allows “specificity-survey” participants
to follow along as listener and student at his or her own pace (Learning, 2013) while something
of value is actually practiced; tested and gained from these targeted spot outcome
implementation exercises. The online Learner Model Systems (LMS) interaction within and
outside PACETULSA modules is less intimidating because the presenter is only on the screen
and not in person. These private spaces are the foundation of machine based storage areas
commonly known as “Targeted Spots.”
Start by mobilizing key individuals and organizations into a coalition
Look for partners who have a stake in creating healthy communities and who will contribute to
fair and just process. Aim for broad representation.
Next, identify roles for partners and assign responsibilities.
This will help to keep partners engaged in the coalition. For example, partners can:
 Facilitate community input through meetings, events, or advisory groups.
 Develop and present education and training programs.
 Lead fundraising and policy initiatives.
 Provide technical assistance in planning or evaluation.
Then build a successful leadership.
All good “Leaders” share these qualities:
Leadership Qualities
1. Ability to improve current professional skills.
2. Ability to gain insight into their behaviors which affect personal professional growth.
3. Ability to increase their business in every way.
THE LEGAL CONTEXT OF HUMAN DECISIONS
“If successful these ‘leaders’ can unlock their potential to the benefit of their organizations; their
communities and the world society.”
All excellent “Leaders” share these qualities
Leadership Qualities
1. Ability to notice.
2. Ability to study.
3. Ability to understand conscious or unconscious drivers of behavior.
“If your group is not ready for a leader, form a leaderless-group discussion”
Leaderless-group discussion (LGD)
What is the Leaderless Group Discussion (LGD) Industry and government continue moving
toward a team approach. This approach that requires cooperative problem solving, effective
communication skills, and the ability to influence others by presenting ideas in an open,
approachable, and non-threatening manner.
 Demonstrate self-confidence that inspires others.
 Become persuasive without being overbearing.
 Openly encourage the ideas from others.
 Are assertive feelings appropriate at times?
 Effectively mediate opposing points of view.
Assessment Centers
 Group Conflict: Dealing with different points of view
 Group Organization: How to proceed in light of time limits
 Problem Analysis: Dealing with poor analyses by others
 Decision Making: Proceeding logically and guiding others to do so
 Participation: Sensitivity to contributions of others
 Keeping on Track: How to keep the discussion productive
HEALTH, FUNCTIONING, AND QUALITY OF LIFE OUTCOMES
Overcoming Physical-Social Determinants
We all seek personal understanding and logical explanations that help us gauge feasibility for
ideas that we talk about and think through daily. Without these measurements, our
conversations and ideas become aggrandized and fortuitous.
THE LEGAL CONTEXT OF HUMAN DECISIONS
Physical-Social Determinants are important because harmful substances, such as air pollution,
quarries, and brown disposal sites redirect our environmental epidemiology; access to health-
related resources (e.g., healthy or unhealthy foods, recreational resources, medical care); and the
way cities rebuild and zone areas within neighborhoods that are low-income or resource
disparate (e.g., land use mix, street connectivity, transportation systems).
1. Outdoor exposures such as C02 emissions and other gases, soot, sand and particulate
matter contribute to air pollution.
2. Indoor air issues like asbestos, chemicals and toxins (formaldehyde, mercury and other
hazardous substances.)
3. Food waste and recycling, plastic and waterways (watersheds, rivers, wastewater, storm
water, runoff.) (OECD, 2012b).
4. A large body of work has documented the effects of exposure to particulate matter (solid
particles and liquid droplets found in the air) on cardiovascular and respiratory mortality
and morbidity v
Access to services
The rapid advancement in computing power, fiber optics and satellite communications brought
an “information revolution” that generated entirely new forums for media and commerce. This
expanded information platform makes it possible to reach a global audience without leaving the
home.
New types of commerce Omni-Channel Virtual Banking, e–commerce and internet bit coin
transactions, seemed to create commercial value out of information and streams of electronic
transactions.vi These technological advances expanded creative solutions to other online
technological bug and fixes.
Access to health services, such as public-health systems created for injury-related care, ranging
from pre-hospital, acute care to rehabilitation, adult day centers and senior living centers can
reduce the consequences of unintentional-injuries, including substance abuse, death and long-
term disability.
 Access to parks and safe sidewalks for walking is associated with physical activity in
adults.vii
Physical environment
Research has identified specific physiologic mechanisms by which physical environment
exposures affect inflammatory, autonomic, and vascular processesviii The physical environment,
both in the home and community, can affect the rate of injuries related to falls, fires and burns,
road traffic injuries, drowning, and violence.ix
Young gay, bisexual and alternative lifestyle minorities are more likely to be rejected by their
families and social agencies. Denial of social services increases as the likelihood of young gay,
bisexual and alternative lifestyle minorities become homeless.
THE LEGAL CONTEXT OF HUMAN DECISIONS
Around 40% of homeless youth are LGBT. A study published in 2009 compared gay, lesbian,
and bisexual young adults who experienced strong rejection from their families with their peers
who had more supportive families. The conclusions were overwhelmingly negative. Around
80% of them become victimized at some point in their young adult lives by their families and
social service organizations.x
Access to healthy food alternatives
The other part of the physical environment analysis included proximity to healthy or unhealthy
food marts. Dietary behaviors and related chronic disease outcomes.xi Food availability and food
advertising influence energy intake and the nutritional value of foods consumed.xii
 There are socio-economic relationships within the physical environment in small areas
and neighborhood perceptions about mental health among adolescents in an inner city
setting. Discrimination, stigma, or unfair treatment in the workplace can have a profound
impact on health; discrimination can increase blood pressure, heart rate, and stress, as
well as undermine self-esteem and self-efficacy.xiii
 Family and community rejection, including bullying, of lesbian, gay, bisexual, and
transgender youth can have serious and long-term health impacts including depression,
use of illegal drugs, and suicidal behavior.xiv
 Places where people live and eat affect their diet. More than 23 million people, including
6.5 million children, live in “food deserts”—neighborhoods that lack access to stores
where affordable, healthy food is readily available (such as full-service supermarkets and
grocery stores).xv
Social environment
The social environment has a notable influence on the risk for injury and violence. A recent
study in the journal Social, Cognitive, & Affective Neuroscience illuminated the extent to which
social norms play a role in our decision making. Using brain imaging data, the researchers built a
computational model that supported the notion that social norms influenced decisions more than
a desire for fairness.xvi
 Individual social experiences (for example, social norms, education, victimization
history)
 Social relationships (for example, parental monitoring and supervision of youth, peer
group associations, family interactions)
 Community environment (for example, think “peer pressure,” cohesion in schools,
neighborhoods, and communities)
 Societal-level factors (for example, cultural beliefs, attitudes, incentives and
disincentives, laws and regulations)xvii
THE LEGAL CONTEXT OF HUMAN DECISIONS
PEDESTRIAN AWARENESS CROSSWALK EDUCATION (PACETULSA)
AND HEALTH-PROMOTING BEHAVIORS
Curriculum-Design Core Learner Methodology
Curriculum-Design Learner Methodology is a term used to describe the purposeful, deliberate,
and systematic organization of curriculum (instructional blocks) within a class or course.
Learner-centered curriculum design is meant to empower learners and allow them to shape their
education through choices.xviii
Steven Woolf, director of the Center on Society and Health and professor of family medicine and
population health at Virginia Commonwealth University, reviewed the evidence base for the
strong relationship between education and health. “It is clear that education is a big deal in terms
of public health outcomes, and it is appropriate for the Roundtable on Population Health
Improvement to make this a priority topic,” Woolf said at the start of his presentation. The data
show, for example, that by age 25, U.S. adults without a high school diploma can expect to live 9
fewer years than college graduates. Similarly, those individuals with less than a high school
education are almost twice as likely to die in a given year as those with a professional degree,
and even those who have completed college with a bachelor’s degree are 26 percent more likely
to die than those with professional degrees (Ross et al., 2012). Woolf noted that evidence
accumulated since the 1960s indicates that the impact of educational attainment on health
appears to be growing. “This is not a static problem,” he said, “and in our knowledge economy,
the difference in health between educated and non-educated Americans has progressively
widened.” Woolf added that while this appears to be a problem in all industrialized countries, it
is especially so in the United States.xix Since Oklahoma and the Federal Highway Administration
have teamed with the Department of Public Safety there are more intensive focus opportunities
for our community leaders to become involved with concerning public safety.
Health-Promoting Behaviors
The choices people make about individual behaviors, such as marriage, children, alcohol and
drug use, or risk-taking, are often connected with factors in the social and physical environment
and can increase injuries. Health-promoting behaviors like getting regular physical activity, not
smoking, and going for routine checkups and recommended screenings. The findings presented
here are from the largest, most comprehensive study to date of the mental health of
Hispanics/Latinos of different national backgrounds. The results show that certain background
groups have considerably higher rates of depression and anxiety than those of Mexican
background, which is the group most studied. Prevalence of depression and anxiety varies with
age, sex, time residing in the U.S., and presence of cardiovascular risk factors or history of
cardiovascular events. The relatively lower rate of use of antidepressant medications may
represent under treatment, particularly among those with no insurance. Although genetic and
environmental factors could be linked to depression and anxiety, chronic health issues and
socioeconomic stressors can also precipitate or accentuate them. Increasing awareness, and
reducing the burden that undiagnosed or untreated depression and anxiety cause to health of
Hispanics/Latinos and the U.S. population at large must be part of the national public health
agenda.xx
THE LEGAL CONTEXT OF HUMAN DECISIONS
Inductive Reasoning Methodology
"In inductive inference, we go from the specific to the general. We make many observations,
discern a pattern, make a generalization, and infer an explanation or a theory. In science, there is
a constant interplay between inductive inference (based on observations) and deductive inference
(based on theory), until we get closer and closer to the 'truth,' which we can only approach but
not ascertain with complete certainty."xxi
In the process of induction, you begin with some data, and then determine what general
conclusion(s) can logically be derived from those data. In other words, you determine what
theory or theories could explain the data.
Material Experience Methodology
We live in a very complex society. Tulsa, Oklahoma is no exception to this fact. The
devastation homicide inflicts on black teens and young adults is also a national crisis ignored
outside of affected communities. To educate the public and policymakers about the reality of
black homicide victimization. The Violence Policy Center (VPC), March 2017, study was
funded with the support of The Herb Block Foundation, the David Bohnett Foundation, and The
Joyce Foundation.
Equality Indicators Tool
In June of 2017, The City of Tulsa, in partnership with the Community Service Council (CSC)
published a public feedback session invitation online which stated that Tulsa, had been chosen to
be one of the first cities in the country to create an Equality Indicators Tool under the guidance
of the City University of New York (CUNY) Institute for State and Local Governance with
funding from The Rockefeller Foundation.
CSC will work with the City of Tulsa to create the framework relative to Tulsa-specific
disadvantaged populations and equality gaps. Framework relative to Tulsa-specific
disadvantaged populations and equality gaps which address Equality Indicators can become
realistic targets and specific interventions for reducing inequalities at the local and neighborhood
level based on data. Through the process, The City of Tulsa, can also design policy solutions to
address the greatest inequalities.
“This grant is another important national partnership for Tulsa as we work to ensure that no
matter what area of town you live in, everyone has the same access to education and health needs
that are vital to the quality of life of Tulsans,” Mayor G.T. Bynum said. “This grant will be an
initial step in the use of data to address racial disparities that exist in Tulsa today.”
The primary focuses will be: education, health, housing and racial justice disparities. CSC has a
long history as a leader in confronting challenges in the areas of focus and will be the primary
organization to compile the data that will be used for solution-oriented approaches to make Tulsa
a better place for all.
THE LEGAL CONTEXT OF HUMAN DECISIONS
According to the Community Service Council of Oklahoma, The City of Tulsa, intends to utilize
the equality indicators data that will be collected and analyzed by CSC to demonstrate the
commitment, transparency and accountability to citizens regarding the efforts underway to
improve the conditions for the undeserved Tulsan. The City also hopes to establish a citywide
baseline and dashboard to evaluate progress toward a more equitable community.
Material Skepticism
Questions the possibilities demonstrating the truth of beliefs about the external world as we see it
by causal connections (the process of drawing a conclusion about a causal connection based on
the conditions of the occurrence of an effect) future events (covering predicted or calculated
events from the present until the end of the 23rd century) or metaphysical entities (the
fundamental nature of reality, including the relationship between mind and matter, between
substance and attribute, and between possibility and actuality) created of these accurate
observations in perception.
Education Equals
1. Longer life expectancy
2. Improved health and quality of life
Mental disorders, Suicide, Mental Health, Mental Illnesses
Mental disorders are among the most common causes of disability. The resulting disease burden
of mental illness is among the highest of all diseases. In any given year, an estimated 18.1%
(43.6 million) of U.S. adults ages 18 years or older suffered from any mental illness and 4.2%
(9.8 million) suffered from a seriously debilitating mental illness. Neuropsychiatric disorders are
the leading cause of disability in the United States, accounting for 18.7% of all years of life lost
to disability and premature mortality.xxii
Moreover, suicide is the 10th leading cause of death in the United States, accounting for the
deaths of approximately 43,000 Americans in 2014.xxiii
Mental health and physical health are closely connected. Mental health plays a major role in
people’s ability to maintain good physical health.xxiv
Mental illnesses, such as depression and anxiety, affect people’s ability to participate in health-
promoting behaviors. In turn, problems with physical health, such as chronic diseases, can have a
serious impact on mental health and decrease a person’s ability to participate in treatment and
recovery.xxv
Sexism, Alt-Right, Immigration
What is Sexism? Sexism is any attitude, action, or institutional structure which subordinates and
subjugates a person or group because of gender (sex). The components of sexism are prejudice
and discrimination.
THE LEGAL CONTEXT OF HUMAN DECISIONS
The SPLC report details the alt-right’s success in popularizing dangerous racist and misogynistic
ideas that resonate with one group in particular — disaffected white men, generally in their
mid20s, some with hidden fantasies about violence and firearms.
The alt-right homicides in 2018 were a continuation of a violent, unpredictable trend that first
emerged in 2014 with Elliot Rodger’s horrific murders. Rodger went on a killing spree on May
23, 2014, in Isla Vista, California, killing six people.
He left behind a manifesto detailing his hatred of women and interracial couples — misogynistic
and racist themes that were, at the time, coalescing among online subcultures that would become
the alt-right.
“It’s such a rape culture with these immigrants, I don’t even think these women see it as rape.
They see it as just like having a teeth [sic] pulled. ‘It’s a Monday. I don’t really enjoy it,’ but
that’s what you do. I wouldn’t be surprised if it doesn’t have the same trauma as it would for a
middleclass white girl in the suburbs because it’s so entrenched into their culture.” Gavin
McInnes, Get Off My Lawn, June 19, 2018
Transgender women, particularly black and Latina women, are among the most marginalized in
American society, and they are often in search of a new life, trying to escape rejection from
family and friends and possible violence or other threats.xxvi
ONE-VISION 2020
“To Develop Core Ideological Goals that Impact Lives in an Objective Way leading to Firm
Commitments; Employable Decisions, and Creative Solutions for Our World." –Terence Morris.
Public Transportation and Equity
Public transportation provides people with mobility and access to employment, community
resources, medical care, and recreational opportunities in communities across America. It
benefits those who choose to ride, as well as, those who have no other transportation. Over 90
percent of public assistance recipients do not own a car; and must rely on public transportation.
Public Transit provides a basic mobility service to these persons and to all others without access
to a car.
Inadequate public transit services in many of the nation’s metropolitan regions, which have high
proportions of "captive" transit dependents, has exacerbated social, economic, and racial
isolation and aided in institutionalizing transportation apartheid. Today, no other group is more
physically isolated from jobs than African Americans. (Environmental Justice Resource Center
at Clark Atlanta University, 2002)
The incorporation of public transportation options and considerations into broader economic land
use planning can also help a community expand business opportunities, reduce sprawl, and
THE LEGAL CONTEXT OF HUMAN DECISIONS
create a sense of community through transit-oriented development. By creating a locus for public
activities, such development contributes to a sense of community and can enhance neighborhood
safety and security.
For these reasons, areas with good public transit systems are economically thriving communities
and offer location advantages to businesses and individuals choosing to work or live in them.
And in times of emergency, public transportation is critical to safe and efficient evacuation,
providing the resiliency America needs in its emergency transportation network.
Public-policy intervention
Interventions that address these social and physical factors have the potential to prevent
unintentional injuries and violence. Efforts to prevent unintentional injury may focus on:
 Modifications of the environment
 Improvements in product safety
 Legislation and enforcement
 Education and behavior change
 Technology and engineeringxxvii
Most public-policy interventions are aimed at individual behavior—through education,
incentives, or deterrence. The law regulates the agents of behavior change by requiring safer
product design. Civil and criminal penalties are often agreed upon as an element of enforcement
judicially.
Actionable-insight
Targeted spots as the safe-space? Targeted spots/safe-space is "a place where anyone can relax
and be fully self-expressed, without fear of being made to feel uncomfortable, unwelcome or
challenged on account of biological sex, race/ethnicity, sexual orientation, gender identity or
expression, cultural background, wage desensitization, employment engagement or spiritual
identification. NO BIGOTED/ DISRESPECTING/ HATEFUL allocutions, wording,
representative imagery or inferences are allowed or represented in these Safe-Spaces. Every
phrase, word, letter, number or symbol is purged before initiated or validated in this modularity.
Certain laws enforce informational, physical, social, or economic modularity, which assists
others, to assume safer behavioral choices.
A FORUM WHICH HARNESSES CRITICAL SCIENTIFIC THINKING
Multi-Stake Policy Organizations
A 2008 survey of the 50 largest multi-stake policy organizations (MPOs) showed that the voting
members were eighty-percent white, with about seven-percent African American, three-percent
Hispanic, and one percent Asian/Pacific Islander. Thirteen of the 50 multi-stake policy
organizations (MPOs) in the study had all white members and only 10 had a membership of
more than 20 percent non-white members. The multi-stake policy organizations (MPOs) are less
THE LEGAL CONTEXT OF HUMAN DECISIONS
representative of the population in 2008 than they were in a similar survey completed in
2000.xxviii This trend in decreased inclusiveness within multi-stake policy organizations (MPOs)
is just one of the indicators that signal systemic separatism and segregation. However, systemic
separatism and segregation does not signal the decline of critical scientific thinking. It means
that there are less democratic strategies being implemented by multi-stake policy organizations
(MPOs) when making decisions which include targeted minority populations. If minority group
structured voices are under-represented or absent in multi-stake policy organizations (MPOs)
how are they equally included in critical scientific thinking?
Measures of emotional intelligence
Some key indicators that signal successful implementation of training and education programs as
they relate to pedestrian awareness crosswalk education are called core behavior and
measurement outcome performance.
Core Behaviors
Interpreter stewards’ deliver their body of knowledge by understanding coordinated logic within
the science of intellectual thought. To accurately establish premise to these core behaviors in
thought, we look to the English philosopher and statesman Sir Francis Bacon. Sir Francis
Bacon’s, Advancement of Learning (Bacon, 1857-1870), is essentially a treatise on modern
scientific thought. Bacon emphasizes:
1. People are the servants and interpreters of nature.
2. Truth is not derived from authority, but is only a variable indicator of fact.
3. Knowledge is the fruit of experience.
Corresponding emotions and material experience
There are corresponding emotions in every stage of material experience in skepticism. Paul
Ekman, in the 1960s, traveled around the U.S., Chile, Argentina, and Brazil. In each location, he
showed people photos of different facial expressions and asked them to match the images with
six different emotions: happiness, sadness, anger, surprise, fear, and disgust. “There was very
high agreement,” Ekman says. Once there, he showed locals the same photos he’d shown his
other research subjects. He gave them a choice between three photos and asked them to pick
images that matched various stories (such as “this man’s child has just died”). Adult participants
chose the expected emotion between 28 and 100 percent of the time, depending which photos
they were choosing among. (The 28 percent was a bit of an outlier: That was when people had to
choose between fear, surprise, and sadness. The next lowest rate was 48 percent.)
Emotions are biologically innate, universal to all humans, and displayed through facial
expressions (Eckman, 2015). However, the reality is we can’t say with absolute authority that
this material experience within skepticism is truth (Lee K, 2000). Although, we can say that the
knowledge is the fruit of experience from this natural example.
THE LEGAL CONTEXT OF HUMAN DECISIONS
Micro-expressions are facial expressions that occur within a fraction of a second. This
involuntary emotional leakage exposes a person's true emotions.
 Often missed or misinterpreted
 Last between 1/15 to 1/25 of a second
 Display a concealed emotion
Emotions are present in most environments. There are primary emotions. You are born with
these emotions wired into your brain. That wiring causes your body to react in certain ways and
for you to have certain urges when the emotion arises (BECK, 2015).
Macro-expressions
 Obvious or "normal" facial expressions
 Last between 1/2 a second to 4 seconds
 Match the content and tone of what is said
The crosswalk curriculum process helps learner's recognize that injuries and violence are
widespread in society. Both unintentional injuries and those caused by acts of violence. Both
vehicle and non-motor vehicle accidents are among the top 15 killers for Americans of all ages.
Measurement outcome performance
The way that Pedestrian Awareness Crosswalk Education is a curriculum intersecting public
transportation policy and public safety in the United States directly correlates with the body of
information created of topical hypotheses designated after thorough experimentation within the
science of intellectual thought derived from understanding “specificity-surveys.”
Translational research
Translational research involves studying foundational mechanistic processes (e.g., emotion,
sleep, intimate relationships, social competence, temperament, reward systems, family dynamics,
and culture) with the goal of better understanding and ameliorating human problems.
At-risk/ targeted/disadvantaged populations
At-risk populations with the following common conditions (e.g., schizophrenia, bipolar and other
mood disorders, sleep disorders, dementia and other neurological diseases, ADHD and comorbid
conditions) and/or in treatments. The treatment research is being used to develop hypotheses
about and/or confirm contributions of the foundational mechanistic processes, and it also
contributes to improving treatments for important human problems and in diverse
populations.xxix
THE LEGAL CONTEXT OF HUMAN DECISIONS
Ampliative inference
A term used mainly in logic, meaning "extending" or "adding to that which is already known".
In Sir Francis Bacon’s “Ampliative inference” is a:
1. Inductive Reasoning Technique. (Experiment of Deduction, Colligation, Iteration,
Erasure.)
2. Logic improving scientific hypothesis. (Corroborative methodology)
James Allen Fields Jr. was among a group of white nationalists protesting the removal of a
Confederate statue in a Charlottesville park. Although, Heather Heyer, was among the large
number of counter-protesters against the white nationalists last Saturday.
A typical example would be a case of witness testimony evidence. One witness testifies she saw
the accused leaving the crime scene. When a second witness testifies independently, saying that
he also saw the accused leaving the crime scene, this new evidence corroborates the testimony of
the first witness, making it stronger as evidence.xxx
Corroborative evidence does not always have to be testimonial. It can sometimes be
circumstantial, as in the case where I check the thermostat to verify the temperature is correct
(Argument diagramming). Then I ask a friend to check their thermostat to see if the temperature
outside is the same.xxxi I may think my thermostat is right, but this may be corroborated by my
friend saying that his thermostat has the same time (Argumentation scheme). Of course, both
thermostats may be wrong, making the point that collaborative evidence is fallible.xxxii
Cultural group selection is an explanatory model
Cultural group selection is an explanatory model within cultural evolution of how cultural traits
differ. However, in order for cultural group selection to occur, there must be cultural
differences between groups, which can transmit to a common ground of understanding. In the
following example the common ground colligation is class identification: white supremacists.
The most basic kind of inference performed in logic. A newspaper story by Steve Crump, staff
writer for the charlotte observer, notes the leader of a North Carolina based group associated
with the Ku Klux Klan says, “he is glad that a woman died while taking part in a protest in
Charlottesville, Va., over the weekend.
The point in time mark (count ordered instances) of the induction is the fact that a woman died
while participating in the Charlottesville, Va. Protest. Monday night, Justin Moore, the Grand
Dragon for the Loyal White Knights of Ku Klux Klan, said he was glad Heyer died in the attack.
While at the same time a logical analysis of relations (A group of angry Caucasian men
assembled to disseminate hatred) enabled us to reason about the community value of organized
structured events. “It is necessary to mark a scale, taken as an instance, and counting in certain
directions to return to the marked scale. This double observation of the same instance
corresponds to Iteration in deduction.
THE LEGAL CONTEXT OF HUMAN DECISIONS
The last part of inductive reasoning in Ampliative inference is to erase the particular instances
and leave the class or system sampled directly connected with the characters. If James Allen
Fields Jr. only allegedly drove into Heather Heyer, how was she killed? If James Allen Fields Jr.
only allegedly drove into 19 other protesters after that, how were they injured? Heather Heyer
was killed when James Allen Fields Jr. allegedly drove a car into a crowd of protesters at high
speed, then fled the scene by backing up. Nineteen other people were injured. Acceptance and
Diversity is once again on the cutting board and major political advocacy watchdog
organizations are being “called-out” for not proactively seeking creative solutions to America’s
tumultuous race issues.
Attorneys for Fields told jurors at the trial it was a case of self-defense, which he thought counter
protesters were attacking him when he drove the car into the crowd.
Later in 2018 Justice Served CHARLOTTESVILLE, Va. — On Dec. 11, 2018, a Charlottesville
jury recommended that 21-year-old James Alex Fields Jr. serve life plus 419 years in prison for
plowing his car into a group of counter protesters after the “Unite
The Right” rally. The same jury on Dec. 7 convicted Fields of first-degree murder and nine other
felonies
Skepticism
The Scottish historian and philosopher, David Hume, in “A Treatise of Human Nature,”
describes the development of material experience within skepticism as a philosophical doctrine
that denies the possibility of attaining knowledge of reality apart from human perception.
In fact based on views about:
1. Scope (expansive pre-dispositions of the human mind)
2. Validity of human knowledge (limited pre-suppositions based on the workings of the
brain)xxxiii
According to the Oklahoma Highway Safety Office (Office, 2017), “the vast majority of motor
vehicle fatalities in Oklahoma are the result of driver behavior. Impaired driving, speeding,
distracted driving, and not wearing a seatbelt are behaviors that can be changed through
awareness, education and strict enforcement of traffic safety laws.”
While there are some advocates for stronger government regulated environmental ecology
agency, federal regulations, at this point, countervail-c system policy projections and at best
skew in favor of class based politics as the interest.
“Aware Pedestrians,” we should be asking categorical questions that provide clear truths and
information that is branded specifically to respond to the needs of affected/ targeted/
disadvantaged populations.
Economic Incentives and Disincentives—Taxing and Spending Powers
THE LEGAL CONTEXT OF HUMAN DECISIONS
1. What interest groups, political organizations or supply chain wholesalers are giving
breaks, discounts and cash incentives to companies employing bad leaders? Why?
2. What law enforcement agencies grant permission to organizations which recruit, design
and implement brand seed and weed tactics?
Informational Environment—Education, Labeling, and Commercial Speech
3. What networking strategies do poor leader’s use to create environments formed in
Coalitions of Dissimilar interests?
Deregulation—Provide the Means for Behavior Change
4. Artificial Intelligence Systems (Omni-channel virtual banking) managed by corporations
employed to target disadvantaged populations?
5. Tactical implements managed by Franchise Organizations (Collective Consciousness)
contributing to systemized hatred and angry attitudes within our communities,
neighborhoods and City-States?
Indirect Regulation—the Tort System
6. Is it possible to govern or regulate covert Coalitions of Dissimilar Interests? Should a
special Select District Human Rights Committee be commissioned/ established to expose
disruptive-intrusive domestic terrorist hate-cells?
Systematic safety efforts began during the mid-1960s when 41% of the nearly 94,000
unintentional injury deaths were caused by motor vehicle crashes. In 1966, the Highway Safety
Act and the National Traffic and Motor Vehicle Safety Act authorized the federal government to
set and monitor standards for motor vehicles and highways. The Highway Safety Act also
created the National Highway Safety Bureau, which later became the National Highway Traffic
Safety Administration (NHTSA).
The pervasive regulation of motor vehicle safety over the last three decades resulted in a steep
decline in the mileage-based motor vehicle death rate (Fingerhut and Warner, 1997).
Can we apply this type of success gained from Public Transportation Policy Networks to other
types of social-networks?
Bridge acceptance gaps and improve understanding
1. Identify gaps and provide recommendations to rectify between what is said and what is
actually practiced in public safety and other pedestrian awareness safety education
curriculums.
2. Highlight the differences between pedestrians and driver’s, realizing that the larger the
gap in this designation, the greater the problem.
3. Provide an opportunity to connect and interact with pedestrians and drivers almost
simultaneously.
THE LEGAL CONTEXT OF HUMAN DECISIONS
4. Identify gaps between public transportation policy perceptions; goals; and actual policy
initiatives within the pedestrian awareness crosswalk education advocacy community.
5. Actively service internal benchmarks.
6. Follow measurable means for achieving pedestrian campaigns in communities.
7. Realize aware pedestrian trends and progress.
8. Determine where current Public Transportation Policies work and where they fall short.
9. Be an operational tool because responsive to Pedestrian’s actions.
10. Pedestrians must feel everyone in the community is on board with improving Public
11. Ignite transportation policy for their personal security and safety.
12. Community leader’s care and listen to what they have to say.
13. Encourages citizen feedback openly and in public forums.
14. Gauging leadership roles as a part of the public safety community.
15. Encourage open communication among various organizational layers.
16. Involve all key players.
17. Choose realistic strategies.
18. Establish a shared vision.
19. Build ownership at all levels.
20. Institutionalize changes.
21. Always publicize successes.
Equity/ Inclusion in transportation policy as a solution
An equitable transportation system must ensure that the decision-making processes used by
Metropolitan Planning Organizations (MPOs) and state Departments of Transportation (DOTs)
are representative, responsive and accountable, and that they select projects with a goal of
promoting equitable outcomes at the metro level. This is often not the case under the current
system. Few MPOs or state DOTs are representative of the populations they serve.
Equity-based transportation policies focus on four core principles:
1. Increasing access to economic opportunity and employment for all;
2. Improving access to jobs and fairly distributing the work of building and fixing critical
infrastructure in local communities;
3. Creating healthier, more sustainable communities by supporting safe, smart,
affordable alternatives to highway metropolitan sprawl; and
4. Including local residents in all stages of the decision-making process.
Public transportation also helps to reduce road congestion and travel times, air pollution, and
energy and oil consumption, all of which benefit both riders and non-riders alike. (Federal
highway administration, 2010)
Racial injustice permeates all facets of American culture
THE LEGAL CONTEXT OF HUMAN DECISIONS
Interethnic group and intra-ethnic group racism are significant stressors for many African-
Americans. As such, intergroup and intragroup racism may play a role in the high rates of
morbidity and mortality in this population.xxxiv
Racial prejudice and racism have most been perpetrated in the U.S. by people of European
descent against various other groups, such as African-Americans or Latinos. However, because
of the shifts in our communities' demographics in some parts of the U.S., racial prejudice and
racism also lead to tensions between people of non-European descent, such as between African
Americans and Asian Americans.
As the U.S. becomes more diverse and the world's residents more mobile, we must be prepared
to act in order to reduce the potential for hostility due to differences in our physical traits and
other characteristics. No matter what culture or part of the world you're from, you've seen the
results of racial prejudice and racism, even if you've never directly felt it aimed at you.
The results of racial prejudice and racism can be seen everywhere: stereotypes, violence,
underfunded schools, unemployment, police brutality, shabby housing, a disproportionate
number of African-American men on death row, etc. Racial prejudice and racism can be found in
many different areas of society: in the media, in service organizations, in the workplace, in
neighborhoods, at school, in local government, on your block -- in virtually every area of daily
life.
Overcoming systemic prejudice: Racism in transportation policy and health conscious communities
WHAT IS RACIAL PREJUDICE? To be racially prejudiced means to have an unfavorable or
discriminatory attitude or belief towards someone else or another group of people primarily on
the basis of skin color or ethnicity.
Most leaders believe racism is present when thoughts and expectations about race create and
sustain policies that unfairly make one racial group superior over another one. These racists
limits access to power by only hiring people that are like them, they finance resources with the
expectation that in order to receive the benefit a certain value system has to be shared, rights are
limited because the racist culture is not open to mediation and promotion, and privileges to some
on the basis of race, while at the same time giving unjust rewards. Racism also occurs when
unjust traditions or ‘social structures’ are produced by the failure to account for race excessive
force it exerts in all aspects of society, both historically and today.
An action is racist when it supports the continuance of racially imbalanced power and privilege.
So if you want to know whether an action is racist, question: Does it help to reproduce a racial
hierarchy that gives some more power, privileges, rights, and resources than others, on the basis
of race?
Developed by sociologist Joe Feagin, systemic racism is a popular way of explaining, within the
social sciences and humanities, the significance of racexxxv and racism both historically and in
today's world. Systemic racism includes the complex array of anti-black practices, the unjustly
gained political-economic power of whites, the continuing economic and other resource
THE LEGAL CONTEXT OF HUMAN DECISIONS
inequalities along racial lines, and the white racist ideologies and attitudes created to maintain
and rationalize white privilege and power. Systemic here means that the core racist realities are
manifested in each of society’s major parts [...] each major part of U.S. society--the economy,
politics, education, religion, the family--reflects the fundamental reality of systemic racism.
Feagin explains that the undeserved impoverishment of people of color (POC), which is the basis
of the undeserved enrichment of white people, is one of the core aspects of systemic racism. In
the U.S. this includes the role that Black slavery played in creating an unjust wealth for white
people, their businesses, and their families. It also includes the way white people exploited
labor.xxxvi
Selected Landmark Decisions of the U.S. Supreme Courtxxxvii
The Supreme Court annually hears about 100 cases and rejects about 7,000 requests for review.
The decisions made by the Courts of Appeals in many of those cases are the last word. In light of
that, Courts of Appeals have a major impact on the everyday life of law-abiding citizens,
including teens.xxxviii
1962: Baker v. Carr. The Court held that the constitutional challenges to the unequal distribution
of voters among legislative districts could be resolved by federal courts, rejecting the doctrine set
out in Colegrove v. Green in 1946 that such apportionment challenges were "political questions."
1963: Gideon v. Wainwright. The Court ruled that the due process clause of the 14th
Amendment extended to state as well as federal defendants, thus all persons charged with serious
crimes must be provided with an attorney, and states were required to appoint counsel for
defendants unable to pay their own attorneys’ fees.
The Supreme Court upholds racial quotas used in reapportioning legislative districts to comply
with the Voting Rights Act of 1964. It hands down the 7-to-1 decision March 1 in United Jewish
Organizations of Williamsburg, N.Y. v. Carey. Mistrust of big government weakened support for
government reform plans among liberals. School busing and racial quotas were opposed (Bakke
decision, June 1978); the Equal Rights Amendment for women languished; civil rights for
homosexuals were opposed (Dade County referendum, June 1977).
1978: Regents of Univ. of Calif. v. Bakke. The Court ruled that a special admissions program for
a state medical school under which a set number of places were set aside for minority group
members, with white applicants denied the opportunity to compete for those seats, violated Title
XIV of the 1964 Civil Rights Act, which forbids the exclusion of anyone, because of race, from
participation in a federally funded program. The Court also ruled that admissions programs that
considered race as one of a complex of factors involved in the decision to admit or reject an
applicant were not unconstitutional.
1976: Gregg v. Georgia, Profitt v. Fla., Jurek v. Texas. The Court held that death, as a
punishment for persons convicted of first degree murder, was not in and of itself cruel and
THE LEGAL CONTEXT OF HUMAN DECISIONS
unusual punishment in violation of the 8th Amendment. The Court also ruled that the
amendment required the sentencing judge and jury to consider the individual character of the
offender and the circumstances of the particular crime before deciding whether to impose the
death sentence. In the associated Woodson v. N.C., Roberts v. La., the Court ruled that states
could not make death the mandatory penalty for first-degree murder, since that would fail to
meet the constitutional requirement for the consideration of the individual offender and offense.
In 1986: Bowers v. Hardwick. The Court refused to extend any constitutional right of privacy to
homosexual activity, upholding a Georgia law that in effect made such activity a crime.
(Although the Georgia law specifically prohibited sodomy, whether heterosexual or homosexual,
enforcement had been confined to homosexual sodomy.) In Romer v. Evans (1996), however, in
a decision more favorable to gay rights, the Court struck down a Colorado constitutional
provision that barred legislation protecting homosexuals from discrimination.
1995: Adarand Constructors v. Peña. The Court held that federal programs that classify people
by race, unless "narrowly tailored" to accomplish a "compelling governmental interest," may
deny individuals the right to equal protection. Such federal programs, the Court maintained, must
adhere to the same strict standards required of state-run affirmative action programs.
2000: Santa Fe Independent School District v. Doe Holding: Students may not use a school's
loudspeaker system to offer student-led, student-initiated prayer. Before football games,
members of the student body of a Texas high school elected one of their classmates to address
the players and spectators. These addresses were conducted over the school's loudspeakers and
usually involved a prayer. Attendance at these events was voluntary. Three students sued the
school arguing that the prayers violated the Establishment Clause of the First Amendment. A
majority of the Court rejected the school's argument that since the prayer was student initiated
and student led, as opposed to officially sponsored by the school, it did not violate the First
Amendment. The Court held that this action did constitute school-sponsored prayer because the
loudspeakers that the students used for their invocations were owned by the school.xxxix
2003: Grutter v. Bollinger Holding: Colleges and universities have a legitimate interest in
promoting diversity. Barbara Grutter alleged that her Equal Protection rights were violated when
the University of Michigan Law School's attempt to gain a diverse student body resulted in the
denial of her admission's application. The Supreme Court disagreed and held that institutions of
higher education have a legitimate interest in promoting diversity.xl
The Court strengthened the hand of law-enforcement officials and Racial Bias.
In 1995-96, The Court strengthened the hand of law-enforcement officials and Racial Bias by
upholding the government’s right both to seek criminal penalties against a defendant and to seize
the same person’s property. Writing for an 8-1 majority, Chief Justice Rehnquist maintained that
such civil forfeiture did not violate the constitutional ban on double jeopardy (U.S. v. Ursery;
June 24). Another important 8-1 decision ruled out purely statistical claims that the federal
government’s prosecution of crack-cocaine cases was racially biased (U.S. v. Armstrong; May
THE LEGAL CONTEXT OF HUMAN DECISIONS
13). In Whren v. U.S. (June 10), the Court was unanimous in granting the police wide latitude to
use even a minor traffic violation as a reason for stopping a vehicle and searching it for drugs.
In an article entitled, “Oklahoma ranks fifth highest in black homicides in U.S.” By AMANDA
BLAND World Staff Writer on Jan 24, 2014 she comments that Marvin Blades, a Tulsa Police
Officer finds the decades-old war on drugs, coupled with the erosion of the nuclear family and
subsequent lack of positive male role models, to be factors contributing to the trend. Marvin
Blades, a former Tulsa police officer and president of 100 Black Men of Tulsa, said the
disproportionate number of blacks being killed has been occurring for years and that not enough
is being done to combat it.
“When you start pairing the drug culture and you match that with the gang culture, then we’ve
got a monster, and that’s what we’re dealing with now,” he said. 100 Black Men of Tulsa pairs
black youths with successful black men to show them that failure and a life of crime don’t have
to be their destiny.xli “They see that ‘I don’t have to live the way that I’ve been living,’ and
being exposed to that type of person and that lifestyle, a lot of times, is enough to get that young
person to change the way they live,” he said. Blades pointed to Tulsa’s churches as a force
sizable enough to intervene in the lives of black youths and address similar social ills. “Until
that happens, I think we’re going to keep going down the same road,” he said.
But then in 2005 Roper v. Simmons Holding: It is cruel and unusual punishment to execute
persons for crimes they committed before age 18. Matthew Simmons was sentenced to death for
the murder of a woman when he was 17 years of age. In the 1988 case. Thompson v. Oklahoma,
the Supreme Court ruled that executing persons for crimes committed at age 15 or younger
constitutes cruel and unusual punishment in violation of the Eighth Amendment. Roper argued
that "evolving standards of decency" prevented the execution of an individual for crimes
committed before the age of 18. A majority of the Supreme Court agreed with Roper, and held
that to execute him for his crime would violate the Eighth Amendment.
The moral corruption, racism in all its’ forms, is afforded to ‘people of color’ and to ‘black
people’. The excessive ‘living-costs’ and ‘afflictions’ are fundamental characteristics of systemic
racism. Higher mortality rates, restricted income and affluence potential, obstructed family
development is the direct result of mass incarceration of African-American men and Latinos
males. Altered access to educational resources and political participation, Supreme Court
authorization of excessive force of Law Enforcement agents and agencies to exert lethal force,
and the higher-rates of mental disease and illness adds immense psychological, emotional, and
physical burdens to publicly living disadvantaged people. African-Americans and people of
color are expected by white people to bear the burden of explaining, proving, and solving
systemic racism. White people as the majority citizenship in every category of Democratic
participation in the United States of America are primarily responsible for systemic racism.
Systemic racism isn’t just one idea. It is the pool of negative stereotypes, prejudices, popular
lore, beliefs, false ideas, conventions, and universal traditional philosophies reproducing
systemic racism. Whiteness is Good, People of Color are evil; White people are trained, Blacks
are dumb; Whites are civil, African-Americans are militant and want sex all the time. Whites are
intelligent and driven, People of Color live check to check and are slow.
THE LEGAL CONTEXT OF HUMAN DECISIONS
Corporate responsibility initiatives that build public trust
Disadvantaged Business Enterprise (DBE)
Under-Represented Populations Can Achieve a Disadvantaged Business Enterprise for Profit
Small Business Status.
A Disadvantaged Business Enterprise or DBE/ACDBE is a for-profit small business concern that
is at least 51 percent owned by one or more individuals who are both socially and economically
disadvantaged. In the case of a corporation, 51 percent of the stock is owned by one or more such
individuals; and whose management and daily business operations are controlled by one or more
of the socially and economically disadvantaged individuals who own it.
Eligibility requirements for certification as a DBE/ACDBE are stated in 49 CFR, Part 26. The
following six requirements must be proved by a DBE/ACDBE applicant but does not cover all
the requirements found in 49 CFR, Part 26.
1. Social and Economic Disadvantage: A disadvantaged owner must be a U.S. Citizen (or
resident alien) and meet the federal definition of socially and economically disadvantaged
as defined in 49 CFR Part 26.67. Presumptive groups include women, Black Americans,
Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian-
Americans, or other minorities found to be disadvantaged by the regulations or any
individual found to be socially and economically disadvantaged on a case-by-case basis.
2. Personal Net Worth: Only disadvantaged persons having a personal net worth (PNW) of
less than $1.32 million can be considered as a potential qualified DBE/ACDBE. Items
excluded from a person's net worth calculation include an individual's ownership interest
in the applicant firm, and his or her primary residence.
3. Business Size Standard: A firm (including affiliates) must be a small business as defined
by the Small Business Administration (SBA). It must not have annual gross receipts over
$23.98 million in the previous three fiscal years. Depending on the type of work the
business performs, other size standards may apply.
4. Ownership: Must be a for-profit small business concern where socially and economically
disadvantaged individuals own at least 51% interest and control management AND daily
business operations.
5. Independence: The business must not be affiliated to another firm in such a way as to
compromise its independence and control. These include, but not limited to, such areas as
personnel, facilities, equipment, financial and/or bonding support, and other resources.
6. Management and Control: The socially and economically DBE/ACDBE owner (s) must
possess the power to direct or cause the direction to the management and policies of the
firm and to make day-to-day decisions, as well as long-term decisions on matters of
management, policy and operations.
Equal employment opportunity & environmental justice
THE LEGAL CONTEXT OF HUMAN DECISIONS
During the 1960s in the United States, classicist feminist environmental ecology economists
were being challenged by mainstream environmental economists. Empirically Feminist
economists dispute gender-based misrepresentation, disrespect, and hatred to identify in
environmental ecologies.
Mainstream environmental ecology economists, such as Jane Jacobs, were starting to publish
scholarly papers explaining how Americans were becoming more aware of their surroundings.
Meanwhile classicist feminist environmental ecologists like Ester Boserup, questioned
homebuilding as defined by development policymakers. Ester Boserup argued that the failure to
recognize women’s productive roles has led Western (and Western-trained) policy makers to
channel things like credit to male ‘heads’ of the household, while channeling welfare programs
(maternal and child health, family planning, nutrition) to women. These ill-defined stereotypes
underpin the way our economies work - especially the many policies and programs established to
help improve the lives of people in less well-off regions of the world.
Environmental justice
Jane Jacobs, felt that “innovation thrives in a more open and diverse environment where there is
a continual influx of ideas facilitated by the formal and informal exchange of ideas across
people, firms and industries. Different primary use mingled together to encourage mixture and
varied purposes; small and short blocks to cut up bigness and monotony; structures differing in
age, size, type and condition; and high concentrations of people.”xlii Mainstream economists like
Mrs. Jacobs, helped to shape-form and then transform the way Environmental Justice evolved.
The concept of environmental justice refers to the goal of identifying and avoiding
disproportionate adverse impacts on minority and low-income individuals and communities. The
provisions of Title VI of the Civil Rights Act of 1964, Executive Order 12898 on Environmental
Justice, and other statutes, orders, policies, and guidelines affect planning and project decisions
undertaken by Metropolitan Planning Organizations (MPO), public transportation agencies, State
Departments of Transportation (DOT), and other transportation providers. Executive Order
12898 on Environmental Justice amplifies the provisions of Title VI of the 1964 Civil Rights Act
that states “No person in the United States shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.”
Jacobs’ originality as an economic theorist was perhaps best captured by the Economist Sanford
Ikeda in a posthumous tribute. Though critical of several aspects of her work, he observed that
her dynamic vision has much to offer mainstream economists who, long ago, “stopped thinking
about markets as urban, and replaced it with what Jacobs called the ‘plantation model,’ in which
diversity of inputs and outputs and the uncertainties of time were replaced with simple
production functions in a world where time doesn’t matter and preferences don’t change”.
He adds that mainstream economics emphasis “switched from diversity and complexity to
homogeneity and simplicity, from dynamics to statics, and from creativity to efficiency.” In his
THE LEGAL CONTEXT OF HUMAN DECISIONS
opinion, Jacobs offers a way out of mainstream economics’ fixation on the notion of efficiency
“where today is basically the same as yesterday and tomorrow the same as today, and nothing
can be made to work better than it already is.” Because mainstream economists felt so strongly
about the United States economy and the direction it was being employed during the late 1960s
an almost evolutionary paradigm shift occurred in the capitalist US economy.
Feminists today argue, “It’s the pattern, rather than the pace of growth, which determines its
impact on gender equality, together with the efforts on the part of both public and private sector
to use the resources generated by growth to distribute the gains from growth more equally
between men and women.”xliii
Equal pay/compensation discrimination
The Equal Pay Act requires that men and women in the same workplace be given equal pay for
equal work. The jobs need not be identical, but they must be substantially equal. Job content (not
job titles) determines whether jobs are substantially equal. All forms of pay are covered by this
law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life
insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations,
reimbursement for travel expenses, and benefits. If there is an inequality in wages between men
and women, employers may not reduce the wages of either sex to equalize their pay.
An individual alleging a violation of the EPA may go directly to court and is not required to file
an EEOC charge beforehand. The time limit for filing an EPA charge with the EEOC and the
time limit for going to court are the same: within two years of the alleged unlawful compensation
practice or, in the case of a willful violation, within three years. The filing of an EEOC charge
under the EPA does not extend the time frame for going to court.
Wage retaliation
What is Wage Retaliation? Any negative action your employer takes against you for filing a
wage claim or otherwise exercising your rights under the FLSA. Title VII also makes it illegal to
discriminate based on sex in pay and benefits. Therefore, someone who has an Equal Pay Act
claim may also have a claim under Title VII.
According to the United States Equal Employment Commission, in 2017, “Retaliation is the
most frequently alleged basis of discrimination in the federal sector and the most common
discrimination finding in federal sector cases.” The EEO laws prohibit punishing job applicants
or employees for asserting their rights to be free from employment discrimination including
harassment. Asserting these EEO rights is called "protected activity," and it can take many
forms.
For example, it is unlawful to retaliate against applicants or employees for:
 Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
THE LEGAL CONTEXT OF HUMAN DECISIONS
 Communicating with a supervisor or manager about employment discrimination,
including harassment
 Answering questions during an employer investigation of alleged harassment
 Refusing to follow orders that would result in discrimination
 Resisting sexual advances, or intervening to protect others
 Requesting accommodation of a disability or for a religious practice
 Asking managers or co-workers about salary information to uncover potentially
discriminatory wages.
For example, depending on the facts, it could be retaliation if an employer acts because of the
employee's EEO activity to:
 Reprimand the employee or give a performance evaluation that is lower than it should be;
 Transfer the employee to a less desirable position;
 Engage in verbal or physical abuse;
 Threaten to make, or actually make reports to authorities (such as reporting immigration
status or contacting the police);
 Increase scrutiny;
 Spread false rumors, treat a family member negatively (for example, cancel a contract
with the person's spouse); or
 Make the person's work more difficult (for example, punishing an employee for an eeo
complaint by purposefully changing his work schedule to conflict with family
responsibilities).
 For more information, Questions and Answers: Enforcement Guidance on Retaliation and
Related Issues.
Participating in a complaint process is protected from retaliation under all circumstances. Other
acts to oppose discrimination are protected as long as the employee was acting on a reasonable
belief that something in the workplace may violate EEO laws, even if he or she did not use legal
terminology to describe it.xliv
Engaging in EEO activity, however, does not shield an employee from all discipline or
discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory
and non-discriminatory reasons that would otherwise result in such consequences. However, an
employer is not allowed to do anything in response to EEO activity that would discourage
someone from resisting or complaining about future discrimination.
PUBLIC SAFETY: CONTROLLED V.S. UNCONTROLLED COSTS
While not included as objectives in Healthy People 2020, there are several emerging issues in
injury and violence prevention that need further research, analysis, and monitoring.
THE LEGAL CONTEXT OF HUMAN DECISIONS
Emerging issues in injury prevention
Many people accept injuries and violence as “accidents,” “acts of fate,” or as “part of life.”
However, most events resulting in injury, disability, or death are predictable and preventable.
The Injury and Violence Prevention objectives for 2020 represent a broad range of issues which,
if adequately addressed, will improve the health of the Nation.xlv
In the area of unintentional injuries, there is a need to better understand the trends, causes, and
prevention strategies for
1. Prescription drug overdose deaths
2. Motor vehicle crashes due to distracted driving.
3. Traumatic Brain Injury.
Prescription misuse and overdose
More than 33,000 people died in 2015 as a result of an opioid overdose.
Distracted driving
Approximately 9 deaths and 1,000 injuries occur each day in distracted driving incidents.
In the area of violence, there is a need to better understand the trends, causes, and prevention
strategies related to:
1. Bullying, dating violence, and sexual violence among youth.
2. Elder maltreatment, particularly with respect to quantifying and understanding the
problem.
3. Overlapping causes of violence and the strategies that can prevent multiple forms of
violence.
Emerging Issues in Violence Prevention
Youth violence
Nearly six percent of students reported missing a day or more of school because they felt unsafe
in the environment.
Elder care & chronic disease
Chronic diseases represent 60% of all deaths.
Why is injury and violence prevention important?
Injuries are the leading cause of death for Americans ages 1 to 44, and a leading cause of
disability for all ages, regardless of sex, race/ethnicity, or socioeconomic status. More than
THE LEGAL CONTEXT OF HUMAN DECISIONS
180,000 people die from injuries each year, and approximately 1 in 10 sustains a nonfatal injury
serious enough to be treated in a hospital emergency department.
Disparities and social determinants
Race and ethnicity, gender, sexual identity, age, disability, socioeconomic status, and geographic
location all contribute to an individual’s ability to achieve good health. It is important to
recognize the impact that social determinants have on health outcomes of specific populations.
Social determinants are often a strong predictor of health disparities. For example:
 In 2007 to 2008, the Asian or Pacific Islander population had the highest rate of high
school graduation among racial and ethnic groups, with 91.4% of students attending
public schools graduating with a diploma 4 years after starting 9th grade compared to
rates among non-Hispanic white (81.0%), American Indian or Alaska Native (64.2%),
Hispanic (63.5%), and non-Hispanic black (61.5%) populations.
 According to the National Assessment of Adult Literacy, African American, Hispanic,
and American Indian or Alaska Native adults were significantly more likely to have
below basic health literacy compared to their white and Asian or Pacific Islander
counterparts. Hispanic adults had the lowest average health literacy score compared to
adults in other racial and ethnic groups.xlvi
 In 2007, African Americans and Hispanics were more likely to be unemployed compared
to their white counterparts. Further, adults with less than a high school education were 3
times more likely to be unemployed than those with a bachelor’s degree.xlvii
 Low socioeconomic status is associated with an increased risk for many diseases,
including cardiovascular disease, arthritis, diabetes, chronic respiratory diseases, and
cervical cancer as well as for frequent mental distress.
 Low-income minorities spend more time traveling to work and other daily destinations
than do low-income whites because they have fewer private vehicles and use public
transit and car pools more frequently.
Health impact of injuries and violence
Beyond their immediate health consequences, injuries and violence have a significant impact on
the well-being of Americans by contributing to:
 Premature death
 Years of potential life lost
 Disability and disability-adjusted life years lost
 Poor mental health
 High medical costs
THE LEGAL CONTEXT OF HUMAN DECISIONS
 Lost productivityxlviii
The effects of injuries and violence extend beyond the injured person or victim of violence to
family members, friends, coworkers, employers, and communities.
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ii Signalized Intersections: An Informational Guide, 2nd Edition (FHWA, 2013)
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Jonathan St B T Evans, & Jonathan St. B. T. Evans (1993). Human reasoning: The psychology of deduction. Hove:
Lawrence Erlbaum Associates.
xxii US Burden of Disease Collaborators. The state of US health, 1990-2010: burden of diseases, injuries, and risk
factors. JAMA, 310(6): 591-608, 2013.
THE LEGAL CONTEXT OF HUMAN DECISIONS
xxiii Centers for Disease Control and Prevention (CDC), National Center for Injury Prevention and Control (NCIP). Web-
based injury statistics query and reporting system (WISQARS) [Internet]. Atlanta: CDC; 2014. Available from:
http://www.cdc.gov/ncipc/wisqars.
xxiv National Institutes of Health, National Institute of Mental Health (NIMH). NIMH strategic plan (revised 2008)
[Internet]. Bethesda, MD: NIMH; 2008 [cited 2010 May 6]. Available from:
<http://www.nimh.nih.gov/about/strategic-planning-reports/index.shtml>
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disease prevention and health promotion. Prev Chronic Dis. 2006 April;3(2):A61.)
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xxviii Sanchez, Thomas W. Environmental justice and transportation equity: A review of metropolitan planning
organizations. Virginia Polytechnic Institute and State University, January 2005.
xxix Felipe Fregni and Ben M.W. Illigens. Critical Thinking in Clinical Research Applied Theory and Practice Using Case
Studies. ISBN-13: 978-0199324491
xxx Redmayne, Mike. A Corroboration Approach to Recovered Memories’, Law Quarterly Review, 116, 2000, 147-155
xxxi Reed, C. and Walton, D. (2005). Towards a Formal and Implemented Model of Argumentation Schemes in Agent
Communication. Autonomous Agents and Multi-Agent Systems, 11: 173-188.
xxxii Reed, C. and Rowe, G. (2004). Araucaria: Software for Argument Analysis, Diagramming and Representation.
International Journal on Aritficial Intelligence Tools, 13(4), 961-980. <http://araucaria.computing.dundee.ac.uk/).>
xxxiii R. H. Popkin, The History of Skepticism from Erasmus to Descartes (rev. ed. 1968); C. L. Stough, Greek Skepticism
(1969); M. Burnyeat, ed., The Skeptical Tradition (1983); B. Stroud, The Significance of Philosophical Skepticism
(1984).
xxxiv Clark, R., Anderson, N. B., Clark, V. R., & Williams, D. R. (1999). Racism as a Stressor for African Americans: A
Biopsychosocial Model. American Psychologist, 54, 805-816.
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xxxvi Ducey Kimberley & Feagin Joe R., Racist America: Roots, Current Realities, and Future Reparations. ISBN-
13: 978-0415704014
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All rights reserved.)
xxxviii <https://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks>
xxxix <https://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks>
xl <https://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks>
xli Merikangas KR, He J, Burstein M, Swanson SA, Avenevoli S, Cui L, Benjet C, Georgiades K, Swendsen J. Lifetime
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xlv <https://www.healthypeople.gov/2020/topics-objectives/topic/injury-and-violence-prevention#2>
xlvi <https://www.healthypeople.gov/2020/leading-health-indicators/2020-lhi-topics/Social-
Determinants/determinants#10>
xlvii <https://www.healthypeople.gov/2020/leading-health-indicators/2020-lhi-topics/Social-
Determinants/determinants#11>
xlviii <https://www.healthypeople.gov/2020/topics-objectives/topic/injury-and-violence-prevention#4>

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LEGAL CONTEXT OF HUMAN DECISIONS

  • 1. THE LEGAL CONTEXT OF HUMAN DECISIONS Humans affect Learner Model Systems (LMS) originating in environmental costs, which alter future human decisions and behavior. Modular Networks online offer heterogeneity, feedback, and emergence. Technological innovations in crosswalk procurements (i.e., HAWK” = High Intensity Activated Crosswalk) warn and control motorists at marked, un- signalized crosswalks to assist pedestrians crossing a street or highway. Data collection, physical measurements, behavioral observations and archives, and scientific reports contribute to understanding geographic study. THE LEGAL CONTEXT OF HUMAN DECISIONS “ignites” interesting health education programs where priority is given to implementing policies necessary to achieve desired change and public safety action(s).
  • 2. THE LEGAL CONTEXT OF HUMAN DECISIONS Contents EXPANDING PEDESTRIAN AWARENESS CROSSWALK EDUCATION (PACETULSA) AND HEALTH CONSCIOUS COMMUNITIES...................................................................................................3 SIGNALIZED INTERSECTIONS AND OVERCOMING KNOWLEDGE POVERTY.................................................................3 START BY MOBILIZING KEY INDIVIDUALS AND ORGANIZATIONS INTO A COALITION .................................4 NEXT, IDENTIFY ROLES FOR PARTNERS AND ASSIGN RESPONSIBILITIES....................................................4 THEN BUILD A SUCCESSFUL LEADERSHIP. ........................................................................................................4 HEALTH, FUNCTIONING, AND QUALITY OF LIFE OUTCOMES ...................................................5 OVERCOMING PHYSICAL-SOCIAL DETERMINANTS...................................................................................................5 Access to services ...............................................................................................................................................6 Physical environment .......................................................................................................................................6 Access to healthy food alternatives.................................................................................................................7 Social environment............................................................................................................................................7 PEDESTRIAN AWARENESS CROSSWALK EDUCATION (PACETULSA) AND HEALTH- PROMOTING BEHAVIORS..........................................................................................................................8 CURRICULUM-DESIGN CORE LEARNER METHODOLOGY.........................................................................................8 Health-Promoting Behaviors...........................................................................................................................8 INDUCTIVE REASONING METHODOLOGY .................................................................................................................9 MATERIAL EXPERIENCE METHODOLOGY.................................................................................................................9 EQUALITY INDICATORS TOOL ...................................................................................................................................9 Material Skepticism ........................................................................................................................................10 ONE-VISION 2020........................................................................................................................................11 PUBLIC TRANSPORTATION AND EQUITY .................................................................................................................11 Public-policy intervention..............................................................................................................................12 Actionable-insight ...........................................................................................................................................12 A FORUM WHICH HARNESSES CRITICAL SCIENTIFIC THINKING .........................................12 MULTI-STAKE POLICY ORGANIZATIONS.................................................................................................................12 Measures of emotional intelligence ..............................................................................................................13 Measurement outcome performance............................................................................................................14 EQUITY/ INCLUSION IN TRANSPORTATION POLICY AS A SOLUTION........................................................................18 Equity-based transportation policies focus on four core principles: ......................................................18 RACIAL INJUSTICE PERMEATES ALL FACETS OF AMERICAN CULTURE ....................................................................18 Overcoming systemic prejudice: Racism in transportation policy and health conscious communities .....................................................................................................................................................19 Selected Landmark Decisions of the U.S. Supreme Court.........................................................................20 The Court strengthened the hand of law-enforcement officials and Racial Bias..................................21 CORPORATE RESPONSIBILITY INITIATIVES THAT BUILD PUBLIC TRUST..................................................................23 Disadvantaged Business Enterprise (DBE).................................................................................................23 Equal employment opportunity & environmental justice.........................................................................23 PUBLIC SAFETY: CONTROLLED V.S. UNCONTROLLED COSTS ................................................26 EMERGING ISSUES IN INJURY PREVENTION............................................................................................................27 Prescription misuse and overdose ................................................................................................................27 Distracted driving ...........................................................................................................................................27
  • 3. THE LEGAL CONTEXT OF HUMAN DECISIONS EMERGING ISSUES IN VIOLENCE PREVENTION ......................................................................................................27 Youth violence ..................................................................................................................................................27 Elder care & chronic disease..........................................................................................................................27 WHY IS INJURY AND VIOLENCE PREVENTION IMPORTANT? ...................................................................................27 Disparities and social determinants.............................................................................................................28 Health impact of injuries and violence.........................................................................................................28 THE LEGAL CONTEXT OF HUMAN DECISIONS HIGHLIGHTS ► Decision model, coupled human and natural systems agent based simulations are reviewed. ► THE LEGAL CONTEXT OF HUMAN DECISIONS advocates development of Curriculum- Design Core Learner, Inductive Reasoning, and Material Experience Methodology. ► THE LEGAL CONTEXT OF HUMAN DECISIONS advocates Public-Policy Intervention and Actionable-Insight that facilitate better modeling of human decisions. Practice-based example: A practice-based example is an original investigation undertaken in order to gain new knowledge partly by means of practice and the outcomes of that practice. Keywords #Agent-basedmodeling #Human decision-making #Coupledhumanand naturalsystems#humandecisions #decisionsmade #findwhatswrong #mindchangingislifechanging #humanisart #leaveitthereforever #artofhumanity #mindchanging #thinkingaboutit #instaartistic
  • 4. THE LEGAL CONTEXT OF HUMAN DECISIONS EXPANDING PEDESTRIAN AWARENESS CROSSWALK EDUCATION (PACETULSA) AND HEALTH CONSCIOUS COMMUNITIES Signalized intersections and overcoming knowledge poverty Overcoming knowledge poverty involves the absence of political knowledge concerning public transportation and the aware pedestrian. Discussions about expanding Pedestrian Awareness Crosswalk Education (pacetulsa.com) and Health Conscious Communities aren’t medium for implicit distortions.i Most people in America’s communities agree both, public safety and transportation policy are necessary for organized travel modality. All drivers hate potholes. Measured antipathy in public politics may result in hostility (dislike for something), loathing (strong disgust), and objective sorting (attachment to common feelings). Generational considerations linked to education, theoretical, spiritual or societal guidance leads us in making “human collateral” decisions. For most of 2018 and now 2019, infrastructure improvements and road transportation sustainability, have been at the forefront of American Politics. National leaders, have immense common ground when thinking about ideological positions that justify improving national infrastructure transportation policy. According to the New York Times News, Mr. Trump’s infrastructure plan was unveiled Monday, February 13, 2019, as the administration put forward a $4.4 trillion budget proposal for next year. The proposal, which would create deficits of at least $7.1 trillion over the next decade, includes $200 billion in infrastructure spending. Half of that $200 billion would go to incentives for states and cities. The other half of the infrastructure budget will go to grants, loans, and bonds to fund additional projects. National Transportation Policy and Pedestrian Awareness Crosswalk Education (PACE) online resource libraries have become mainstream Learner Model Systems (LMS) for the continuing education and revitalization of information centers world-wide. These topical forums aren’t vehicles to energize “specificity-survey” participant bases. Nor are PACETULSA topical forums established to engage in antipathy for one social cause over another. The United States expects to fund transportation policy and infrastructure initiatives, as well as, provide enforceable political capital that translates into safer and more health conscious communities. The U.S. Department of Transportation Federal Highway Administration agrees that traffic signals are electrically operated traffic control devices that provide indication for roadway users to advance their travels by alternately assigning right-of-way to each approach and movement. Traffic signals facilitate an ordered, shared use of road space by separating conflicting movements in time and allocating delay to the various users.ii As early as 1940 self-reproducing machines were conceptualized by mathematician’s to achieve cellular automation of signalized systems. Agent-based models were introduced to formulate the eventual “blueprint” for what would be considered evolutionary science. Stanislaw Ulam, also a mathematician; Ulam suggested that the machine be built on paper, as a collection of cells on a grid. The idea intrigued von Neumann, who drew it up—creating the first of the devices later
  • 5. THE LEGAL CONTEXT OF HUMAN DECISIONS termed cellular automata. Another advance was introduced by the mathematician John Conway. He constructed the well-known Game of Life. Unlike von Neumann's machine, Conway's Game of Life operated by tremendously simple rules in a virtual world in the form of a 2-dimensional checkerboard.iii One line of cells that serve as a 'tape', encoding a sequence of instructions that serve as a 'blueprint' for the machine. The machine reads these instructions one by one and performs the corresponding actions. The instructions direct the machine to use its 'construction arm' to build a copy of the machine, without tape, at some other location in the cell grid. The tape can't contain instructions to build an equally long tape, just as a container can't contain a container of the same size. Therefore, the machine contains a separate 'copy machine' which reads the tape and places a copy into the newly constructed machine. The resulting new machine and tape is identical to the old one, and it proceeds to replicate again. Von Neumann's design has traditionally been understood to be a demonstration of the logical requirements for machine self-replication. iv An online Learner Model Systems (LMS) environment allows “specificity-survey” participants to follow along as listener and student at his or her own pace (Learning, 2013) while something of value is actually practiced; tested and gained from these targeted spot outcome implementation exercises. The online Learner Model Systems (LMS) interaction within and outside PACETULSA modules is less intimidating because the presenter is only on the screen and not in person. These private spaces are the foundation of machine based storage areas commonly known as “Targeted Spots.” Start by mobilizing key individuals and organizations into a coalition Look for partners who have a stake in creating healthy communities and who will contribute to fair and just process. Aim for broad representation. Next, identify roles for partners and assign responsibilities. This will help to keep partners engaged in the coalition. For example, partners can:  Facilitate community input through meetings, events, or advisory groups.  Develop and present education and training programs.  Lead fundraising and policy initiatives.  Provide technical assistance in planning or evaluation. Then build a successful leadership. All good “Leaders” share these qualities: Leadership Qualities 1. Ability to improve current professional skills. 2. Ability to gain insight into their behaviors which affect personal professional growth. 3. Ability to increase their business in every way.
  • 6. THE LEGAL CONTEXT OF HUMAN DECISIONS “If successful these ‘leaders’ can unlock their potential to the benefit of their organizations; their communities and the world society.” All excellent “Leaders” share these qualities Leadership Qualities 1. Ability to notice. 2. Ability to study. 3. Ability to understand conscious or unconscious drivers of behavior. “If your group is not ready for a leader, form a leaderless-group discussion” Leaderless-group discussion (LGD) What is the Leaderless Group Discussion (LGD) Industry and government continue moving toward a team approach. This approach that requires cooperative problem solving, effective communication skills, and the ability to influence others by presenting ideas in an open, approachable, and non-threatening manner.  Demonstrate self-confidence that inspires others.  Become persuasive without being overbearing.  Openly encourage the ideas from others.  Are assertive feelings appropriate at times?  Effectively mediate opposing points of view. Assessment Centers  Group Conflict: Dealing with different points of view  Group Organization: How to proceed in light of time limits  Problem Analysis: Dealing with poor analyses by others  Decision Making: Proceeding logically and guiding others to do so  Participation: Sensitivity to contributions of others  Keeping on Track: How to keep the discussion productive HEALTH, FUNCTIONING, AND QUALITY OF LIFE OUTCOMES Overcoming Physical-Social Determinants We all seek personal understanding and logical explanations that help us gauge feasibility for ideas that we talk about and think through daily. Without these measurements, our conversations and ideas become aggrandized and fortuitous.
  • 7. THE LEGAL CONTEXT OF HUMAN DECISIONS Physical-Social Determinants are important because harmful substances, such as air pollution, quarries, and brown disposal sites redirect our environmental epidemiology; access to health- related resources (e.g., healthy or unhealthy foods, recreational resources, medical care); and the way cities rebuild and zone areas within neighborhoods that are low-income or resource disparate (e.g., land use mix, street connectivity, transportation systems). 1. Outdoor exposures such as C02 emissions and other gases, soot, sand and particulate matter contribute to air pollution. 2. Indoor air issues like asbestos, chemicals and toxins (formaldehyde, mercury and other hazardous substances.) 3. Food waste and recycling, plastic and waterways (watersheds, rivers, wastewater, storm water, runoff.) (OECD, 2012b). 4. A large body of work has documented the effects of exposure to particulate matter (solid particles and liquid droplets found in the air) on cardiovascular and respiratory mortality and morbidity v Access to services The rapid advancement in computing power, fiber optics and satellite communications brought an “information revolution” that generated entirely new forums for media and commerce. This expanded information platform makes it possible to reach a global audience without leaving the home. New types of commerce Omni-Channel Virtual Banking, e–commerce and internet bit coin transactions, seemed to create commercial value out of information and streams of electronic transactions.vi These technological advances expanded creative solutions to other online technological bug and fixes. Access to health services, such as public-health systems created for injury-related care, ranging from pre-hospital, acute care to rehabilitation, adult day centers and senior living centers can reduce the consequences of unintentional-injuries, including substance abuse, death and long- term disability.  Access to parks and safe sidewalks for walking is associated with physical activity in adults.vii Physical environment Research has identified specific physiologic mechanisms by which physical environment exposures affect inflammatory, autonomic, and vascular processesviii The physical environment, both in the home and community, can affect the rate of injuries related to falls, fires and burns, road traffic injuries, drowning, and violence.ix Young gay, bisexual and alternative lifestyle minorities are more likely to be rejected by their families and social agencies. Denial of social services increases as the likelihood of young gay, bisexual and alternative lifestyle minorities become homeless.
  • 8. THE LEGAL CONTEXT OF HUMAN DECISIONS Around 40% of homeless youth are LGBT. A study published in 2009 compared gay, lesbian, and bisexual young adults who experienced strong rejection from their families with their peers who had more supportive families. The conclusions were overwhelmingly negative. Around 80% of them become victimized at some point in their young adult lives by their families and social service organizations.x Access to healthy food alternatives The other part of the physical environment analysis included proximity to healthy or unhealthy food marts. Dietary behaviors and related chronic disease outcomes.xi Food availability and food advertising influence energy intake and the nutritional value of foods consumed.xii  There are socio-economic relationships within the physical environment in small areas and neighborhood perceptions about mental health among adolescents in an inner city setting. Discrimination, stigma, or unfair treatment in the workplace can have a profound impact on health; discrimination can increase blood pressure, heart rate, and stress, as well as undermine self-esteem and self-efficacy.xiii  Family and community rejection, including bullying, of lesbian, gay, bisexual, and transgender youth can have serious and long-term health impacts including depression, use of illegal drugs, and suicidal behavior.xiv  Places where people live and eat affect their diet. More than 23 million people, including 6.5 million children, live in “food deserts”—neighborhoods that lack access to stores where affordable, healthy food is readily available (such as full-service supermarkets and grocery stores).xv Social environment The social environment has a notable influence on the risk for injury and violence. A recent study in the journal Social, Cognitive, & Affective Neuroscience illuminated the extent to which social norms play a role in our decision making. Using brain imaging data, the researchers built a computational model that supported the notion that social norms influenced decisions more than a desire for fairness.xvi  Individual social experiences (for example, social norms, education, victimization history)  Social relationships (for example, parental monitoring and supervision of youth, peer group associations, family interactions)  Community environment (for example, think “peer pressure,” cohesion in schools, neighborhoods, and communities)  Societal-level factors (for example, cultural beliefs, attitudes, incentives and disincentives, laws and regulations)xvii
  • 9. THE LEGAL CONTEXT OF HUMAN DECISIONS PEDESTRIAN AWARENESS CROSSWALK EDUCATION (PACETULSA) AND HEALTH-PROMOTING BEHAVIORS Curriculum-Design Core Learner Methodology Curriculum-Design Learner Methodology is a term used to describe the purposeful, deliberate, and systematic organization of curriculum (instructional blocks) within a class or course. Learner-centered curriculum design is meant to empower learners and allow them to shape their education through choices.xviii Steven Woolf, director of the Center on Society and Health and professor of family medicine and population health at Virginia Commonwealth University, reviewed the evidence base for the strong relationship between education and health. “It is clear that education is a big deal in terms of public health outcomes, and it is appropriate for the Roundtable on Population Health Improvement to make this a priority topic,” Woolf said at the start of his presentation. The data show, for example, that by age 25, U.S. adults without a high school diploma can expect to live 9 fewer years than college graduates. Similarly, those individuals with less than a high school education are almost twice as likely to die in a given year as those with a professional degree, and even those who have completed college with a bachelor’s degree are 26 percent more likely to die than those with professional degrees (Ross et al., 2012). Woolf noted that evidence accumulated since the 1960s indicates that the impact of educational attainment on health appears to be growing. “This is not a static problem,” he said, “and in our knowledge economy, the difference in health between educated and non-educated Americans has progressively widened.” Woolf added that while this appears to be a problem in all industrialized countries, it is especially so in the United States.xix Since Oklahoma and the Federal Highway Administration have teamed with the Department of Public Safety there are more intensive focus opportunities for our community leaders to become involved with concerning public safety. Health-Promoting Behaviors The choices people make about individual behaviors, such as marriage, children, alcohol and drug use, or risk-taking, are often connected with factors in the social and physical environment and can increase injuries. Health-promoting behaviors like getting regular physical activity, not smoking, and going for routine checkups and recommended screenings. The findings presented here are from the largest, most comprehensive study to date of the mental health of Hispanics/Latinos of different national backgrounds. The results show that certain background groups have considerably higher rates of depression and anxiety than those of Mexican background, which is the group most studied. Prevalence of depression and anxiety varies with age, sex, time residing in the U.S., and presence of cardiovascular risk factors or history of cardiovascular events. The relatively lower rate of use of antidepressant medications may represent under treatment, particularly among those with no insurance. Although genetic and environmental factors could be linked to depression and anxiety, chronic health issues and socioeconomic stressors can also precipitate or accentuate them. Increasing awareness, and reducing the burden that undiagnosed or untreated depression and anxiety cause to health of Hispanics/Latinos and the U.S. population at large must be part of the national public health agenda.xx
  • 10. THE LEGAL CONTEXT OF HUMAN DECISIONS Inductive Reasoning Methodology "In inductive inference, we go from the specific to the general. We make many observations, discern a pattern, make a generalization, and infer an explanation or a theory. In science, there is a constant interplay between inductive inference (based on observations) and deductive inference (based on theory), until we get closer and closer to the 'truth,' which we can only approach but not ascertain with complete certainty."xxi In the process of induction, you begin with some data, and then determine what general conclusion(s) can logically be derived from those data. In other words, you determine what theory or theories could explain the data. Material Experience Methodology We live in a very complex society. Tulsa, Oklahoma is no exception to this fact. The devastation homicide inflicts on black teens and young adults is also a national crisis ignored outside of affected communities. To educate the public and policymakers about the reality of black homicide victimization. The Violence Policy Center (VPC), March 2017, study was funded with the support of The Herb Block Foundation, the David Bohnett Foundation, and The Joyce Foundation. Equality Indicators Tool In June of 2017, The City of Tulsa, in partnership with the Community Service Council (CSC) published a public feedback session invitation online which stated that Tulsa, had been chosen to be one of the first cities in the country to create an Equality Indicators Tool under the guidance of the City University of New York (CUNY) Institute for State and Local Governance with funding from The Rockefeller Foundation. CSC will work with the City of Tulsa to create the framework relative to Tulsa-specific disadvantaged populations and equality gaps. Framework relative to Tulsa-specific disadvantaged populations and equality gaps which address Equality Indicators can become realistic targets and specific interventions for reducing inequalities at the local and neighborhood level based on data. Through the process, The City of Tulsa, can also design policy solutions to address the greatest inequalities. “This grant is another important national partnership for Tulsa as we work to ensure that no matter what area of town you live in, everyone has the same access to education and health needs that are vital to the quality of life of Tulsans,” Mayor G.T. Bynum said. “This grant will be an initial step in the use of data to address racial disparities that exist in Tulsa today.” The primary focuses will be: education, health, housing and racial justice disparities. CSC has a long history as a leader in confronting challenges in the areas of focus and will be the primary organization to compile the data that will be used for solution-oriented approaches to make Tulsa a better place for all.
  • 11. THE LEGAL CONTEXT OF HUMAN DECISIONS According to the Community Service Council of Oklahoma, The City of Tulsa, intends to utilize the equality indicators data that will be collected and analyzed by CSC to demonstrate the commitment, transparency and accountability to citizens regarding the efforts underway to improve the conditions for the undeserved Tulsan. The City also hopes to establish a citywide baseline and dashboard to evaluate progress toward a more equitable community. Material Skepticism Questions the possibilities demonstrating the truth of beliefs about the external world as we see it by causal connections (the process of drawing a conclusion about a causal connection based on the conditions of the occurrence of an effect) future events (covering predicted or calculated events from the present until the end of the 23rd century) or metaphysical entities (the fundamental nature of reality, including the relationship between mind and matter, between substance and attribute, and between possibility and actuality) created of these accurate observations in perception. Education Equals 1. Longer life expectancy 2. Improved health and quality of life Mental disorders, Suicide, Mental Health, Mental Illnesses Mental disorders are among the most common causes of disability. The resulting disease burden of mental illness is among the highest of all diseases. In any given year, an estimated 18.1% (43.6 million) of U.S. adults ages 18 years or older suffered from any mental illness and 4.2% (9.8 million) suffered from a seriously debilitating mental illness. Neuropsychiatric disorders are the leading cause of disability in the United States, accounting for 18.7% of all years of life lost to disability and premature mortality.xxii Moreover, suicide is the 10th leading cause of death in the United States, accounting for the deaths of approximately 43,000 Americans in 2014.xxiii Mental health and physical health are closely connected. Mental health plays a major role in people’s ability to maintain good physical health.xxiv Mental illnesses, such as depression and anxiety, affect people’s ability to participate in health- promoting behaviors. In turn, problems with physical health, such as chronic diseases, can have a serious impact on mental health and decrease a person’s ability to participate in treatment and recovery.xxv Sexism, Alt-Right, Immigration What is Sexism? Sexism is any attitude, action, or institutional structure which subordinates and subjugates a person or group because of gender (sex). The components of sexism are prejudice and discrimination.
  • 12. THE LEGAL CONTEXT OF HUMAN DECISIONS The SPLC report details the alt-right’s success in popularizing dangerous racist and misogynistic ideas that resonate with one group in particular — disaffected white men, generally in their mid20s, some with hidden fantasies about violence and firearms. The alt-right homicides in 2018 were a continuation of a violent, unpredictable trend that first emerged in 2014 with Elliot Rodger’s horrific murders. Rodger went on a killing spree on May 23, 2014, in Isla Vista, California, killing six people. He left behind a manifesto detailing his hatred of women and interracial couples — misogynistic and racist themes that were, at the time, coalescing among online subcultures that would become the alt-right. “It’s such a rape culture with these immigrants, I don’t even think these women see it as rape. They see it as just like having a teeth [sic] pulled. ‘It’s a Monday. I don’t really enjoy it,’ but that’s what you do. I wouldn’t be surprised if it doesn’t have the same trauma as it would for a middleclass white girl in the suburbs because it’s so entrenched into their culture.” Gavin McInnes, Get Off My Lawn, June 19, 2018 Transgender women, particularly black and Latina women, are among the most marginalized in American society, and they are often in search of a new life, trying to escape rejection from family and friends and possible violence or other threats.xxvi ONE-VISION 2020 “To Develop Core Ideological Goals that Impact Lives in an Objective Way leading to Firm Commitments; Employable Decisions, and Creative Solutions for Our World." –Terence Morris. Public Transportation and Equity Public transportation provides people with mobility and access to employment, community resources, medical care, and recreational opportunities in communities across America. It benefits those who choose to ride, as well as, those who have no other transportation. Over 90 percent of public assistance recipients do not own a car; and must rely on public transportation. Public Transit provides a basic mobility service to these persons and to all others without access to a car. Inadequate public transit services in many of the nation’s metropolitan regions, which have high proportions of "captive" transit dependents, has exacerbated social, economic, and racial isolation and aided in institutionalizing transportation apartheid. Today, no other group is more physically isolated from jobs than African Americans. (Environmental Justice Resource Center at Clark Atlanta University, 2002) The incorporation of public transportation options and considerations into broader economic land use planning can also help a community expand business opportunities, reduce sprawl, and
  • 13. THE LEGAL CONTEXT OF HUMAN DECISIONS create a sense of community through transit-oriented development. By creating a locus for public activities, such development contributes to a sense of community and can enhance neighborhood safety and security. For these reasons, areas with good public transit systems are economically thriving communities and offer location advantages to businesses and individuals choosing to work or live in them. And in times of emergency, public transportation is critical to safe and efficient evacuation, providing the resiliency America needs in its emergency transportation network. Public-policy intervention Interventions that address these social and physical factors have the potential to prevent unintentional injuries and violence. Efforts to prevent unintentional injury may focus on:  Modifications of the environment  Improvements in product safety  Legislation and enforcement  Education and behavior change  Technology and engineeringxxvii Most public-policy interventions are aimed at individual behavior—through education, incentives, or deterrence. The law regulates the agents of behavior change by requiring safer product design. Civil and criminal penalties are often agreed upon as an element of enforcement judicially. Actionable-insight Targeted spots as the safe-space? Targeted spots/safe-space is "a place where anyone can relax and be fully self-expressed, without fear of being made to feel uncomfortable, unwelcome or challenged on account of biological sex, race/ethnicity, sexual orientation, gender identity or expression, cultural background, wage desensitization, employment engagement or spiritual identification. NO BIGOTED/ DISRESPECTING/ HATEFUL allocutions, wording, representative imagery or inferences are allowed or represented in these Safe-Spaces. Every phrase, word, letter, number or symbol is purged before initiated or validated in this modularity. Certain laws enforce informational, physical, social, or economic modularity, which assists others, to assume safer behavioral choices. A FORUM WHICH HARNESSES CRITICAL SCIENTIFIC THINKING Multi-Stake Policy Organizations A 2008 survey of the 50 largest multi-stake policy organizations (MPOs) showed that the voting members were eighty-percent white, with about seven-percent African American, three-percent Hispanic, and one percent Asian/Pacific Islander. Thirteen of the 50 multi-stake policy organizations (MPOs) in the study had all white members and only 10 had a membership of more than 20 percent non-white members. The multi-stake policy organizations (MPOs) are less
  • 14. THE LEGAL CONTEXT OF HUMAN DECISIONS representative of the population in 2008 than they were in a similar survey completed in 2000.xxviii This trend in decreased inclusiveness within multi-stake policy organizations (MPOs) is just one of the indicators that signal systemic separatism and segregation. However, systemic separatism and segregation does not signal the decline of critical scientific thinking. It means that there are less democratic strategies being implemented by multi-stake policy organizations (MPOs) when making decisions which include targeted minority populations. If minority group structured voices are under-represented or absent in multi-stake policy organizations (MPOs) how are they equally included in critical scientific thinking? Measures of emotional intelligence Some key indicators that signal successful implementation of training and education programs as they relate to pedestrian awareness crosswalk education are called core behavior and measurement outcome performance. Core Behaviors Interpreter stewards’ deliver their body of knowledge by understanding coordinated logic within the science of intellectual thought. To accurately establish premise to these core behaviors in thought, we look to the English philosopher and statesman Sir Francis Bacon. Sir Francis Bacon’s, Advancement of Learning (Bacon, 1857-1870), is essentially a treatise on modern scientific thought. Bacon emphasizes: 1. People are the servants and interpreters of nature. 2. Truth is not derived from authority, but is only a variable indicator of fact. 3. Knowledge is the fruit of experience. Corresponding emotions and material experience There are corresponding emotions in every stage of material experience in skepticism. Paul Ekman, in the 1960s, traveled around the U.S., Chile, Argentina, and Brazil. In each location, he showed people photos of different facial expressions and asked them to match the images with six different emotions: happiness, sadness, anger, surprise, fear, and disgust. “There was very high agreement,” Ekman says. Once there, he showed locals the same photos he’d shown his other research subjects. He gave them a choice between three photos and asked them to pick images that matched various stories (such as “this man’s child has just died”). Adult participants chose the expected emotion between 28 and 100 percent of the time, depending which photos they were choosing among. (The 28 percent was a bit of an outlier: That was when people had to choose between fear, surprise, and sadness. The next lowest rate was 48 percent.) Emotions are biologically innate, universal to all humans, and displayed through facial expressions (Eckman, 2015). However, the reality is we can’t say with absolute authority that this material experience within skepticism is truth (Lee K, 2000). Although, we can say that the knowledge is the fruit of experience from this natural example.
  • 15. THE LEGAL CONTEXT OF HUMAN DECISIONS Micro-expressions are facial expressions that occur within a fraction of a second. This involuntary emotional leakage exposes a person's true emotions.  Often missed or misinterpreted  Last between 1/15 to 1/25 of a second  Display a concealed emotion Emotions are present in most environments. There are primary emotions. You are born with these emotions wired into your brain. That wiring causes your body to react in certain ways and for you to have certain urges when the emotion arises (BECK, 2015). Macro-expressions  Obvious or "normal" facial expressions  Last between 1/2 a second to 4 seconds  Match the content and tone of what is said The crosswalk curriculum process helps learner's recognize that injuries and violence are widespread in society. Both unintentional injuries and those caused by acts of violence. Both vehicle and non-motor vehicle accidents are among the top 15 killers for Americans of all ages. Measurement outcome performance The way that Pedestrian Awareness Crosswalk Education is a curriculum intersecting public transportation policy and public safety in the United States directly correlates with the body of information created of topical hypotheses designated after thorough experimentation within the science of intellectual thought derived from understanding “specificity-surveys.” Translational research Translational research involves studying foundational mechanistic processes (e.g., emotion, sleep, intimate relationships, social competence, temperament, reward systems, family dynamics, and culture) with the goal of better understanding and ameliorating human problems. At-risk/ targeted/disadvantaged populations At-risk populations with the following common conditions (e.g., schizophrenia, bipolar and other mood disorders, sleep disorders, dementia and other neurological diseases, ADHD and comorbid conditions) and/or in treatments. The treatment research is being used to develop hypotheses about and/or confirm contributions of the foundational mechanistic processes, and it also contributes to improving treatments for important human problems and in diverse populations.xxix
  • 16. THE LEGAL CONTEXT OF HUMAN DECISIONS Ampliative inference A term used mainly in logic, meaning "extending" or "adding to that which is already known". In Sir Francis Bacon’s “Ampliative inference” is a: 1. Inductive Reasoning Technique. (Experiment of Deduction, Colligation, Iteration, Erasure.) 2. Logic improving scientific hypothesis. (Corroborative methodology) James Allen Fields Jr. was among a group of white nationalists protesting the removal of a Confederate statue in a Charlottesville park. Although, Heather Heyer, was among the large number of counter-protesters against the white nationalists last Saturday. A typical example would be a case of witness testimony evidence. One witness testifies she saw the accused leaving the crime scene. When a second witness testifies independently, saying that he also saw the accused leaving the crime scene, this new evidence corroborates the testimony of the first witness, making it stronger as evidence.xxx Corroborative evidence does not always have to be testimonial. It can sometimes be circumstantial, as in the case where I check the thermostat to verify the temperature is correct (Argument diagramming). Then I ask a friend to check their thermostat to see if the temperature outside is the same.xxxi I may think my thermostat is right, but this may be corroborated by my friend saying that his thermostat has the same time (Argumentation scheme). Of course, both thermostats may be wrong, making the point that collaborative evidence is fallible.xxxii Cultural group selection is an explanatory model Cultural group selection is an explanatory model within cultural evolution of how cultural traits differ. However, in order for cultural group selection to occur, there must be cultural differences between groups, which can transmit to a common ground of understanding. In the following example the common ground colligation is class identification: white supremacists. The most basic kind of inference performed in logic. A newspaper story by Steve Crump, staff writer for the charlotte observer, notes the leader of a North Carolina based group associated with the Ku Klux Klan says, “he is glad that a woman died while taking part in a protest in Charlottesville, Va., over the weekend. The point in time mark (count ordered instances) of the induction is the fact that a woman died while participating in the Charlottesville, Va. Protest. Monday night, Justin Moore, the Grand Dragon for the Loyal White Knights of Ku Klux Klan, said he was glad Heyer died in the attack. While at the same time a logical analysis of relations (A group of angry Caucasian men assembled to disseminate hatred) enabled us to reason about the community value of organized structured events. “It is necessary to mark a scale, taken as an instance, and counting in certain directions to return to the marked scale. This double observation of the same instance corresponds to Iteration in deduction.
  • 17. THE LEGAL CONTEXT OF HUMAN DECISIONS The last part of inductive reasoning in Ampliative inference is to erase the particular instances and leave the class or system sampled directly connected with the characters. If James Allen Fields Jr. only allegedly drove into Heather Heyer, how was she killed? If James Allen Fields Jr. only allegedly drove into 19 other protesters after that, how were they injured? Heather Heyer was killed when James Allen Fields Jr. allegedly drove a car into a crowd of protesters at high speed, then fled the scene by backing up. Nineteen other people were injured. Acceptance and Diversity is once again on the cutting board and major political advocacy watchdog organizations are being “called-out” for not proactively seeking creative solutions to America’s tumultuous race issues. Attorneys for Fields told jurors at the trial it was a case of self-defense, which he thought counter protesters were attacking him when he drove the car into the crowd. Later in 2018 Justice Served CHARLOTTESVILLE, Va. — On Dec. 11, 2018, a Charlottesville jury recommended that 21-year-old James Alex Fields Jr. serve life plus 419 years in prison for plowing his car into a group of counter protesters after the “Unite The Right” rally. The same jury on Dec. 7 convicted Fields of first-degree murder and nine other felonies Skepticism The Scottish historian and philosopher, David Hume, in “A Treatise of Human Nature,” describes the development of material experience within skepticism as a philosophical doctrine that denies the possibility of attaining knowledge of reality apart from human perception. In fact based on views about: 1. Scope (expansive pre-dispositions of the human mind) 2. Validity of human knowledge (limited pre-suppositions based on the workings of the brain)xxxiii According to the Oklahoma Highway Safety Office (Office, 2017), “the vast majority of motor vehicle fatalities in Oklahoma are the result of driver behavior. Impaired driving, speeding, distracted driving, and not wearing a seatbelt are behaviors that can be changed through awareness, education and strict enforcement of traffic safety laws.” While there are some advocates for stronger government regulated environmental ecology agency, federal regulations, at this point, countervail-c system policy projections and at best skew in favor of class based politics as the interest. “Aware Pedestrians,” we should be asking categorical questions that provide clear truths and information that is branded specifically to respond to the needs of affected/ targeted/ disadvantaged populations. Economic Incentives and Disincentives—Taxing and Spending Powers
  • 18. THE LEGAL CONTEXT OF HUMAN DECISIONS 1. What interest groups, political organizations or supply chain wholesalers are giving breaks, discounts and cash incentives to companies employing bad leaders? Why? 2. What law enforcement agencies grant permission to organizations which recruit, design and implement brand seed and weed tactics? Informational Environment—Education, Labeling, and Commercial Speech 3. What networking strategies do poor leader’s use to create environments formed in Coalitions of Dissimilar interests? Deregulation—Provide the Means for Behavior Change 4. Artificial Intelligence Systems (Omni-channel virtual banking) managed by corporations employed to target disadvantaged populations? 5. Tactical implements managed by Franchise Organizations (Collective Consciousness) contributing to systemized hatred and angry attitudes within our communities, neighborhoods and City-States? Indirect Regulation—the Tort System 6. Is it possible to govern or regulate covert Coalitions of Dissimilar Interests? Should a special Select District Human Rights Committee be commissioned/ established to expose disruptive-intrusive domestic terrorist hate-cells? Systematic safety efforts began during the mid-1960s when 41% of the nearly 94,000 unintentional injury deaths were caused by motor vehicle crashes. In 1966, the Highway Safety Act and the National Traffic and Motor Vehicle Safety Act authorized the federal government to set and monitor standards for motor vehicles and highways. The Highway Safety Act also created the National Highway Safety Bureau, which later became the National Highway Traffic Safety Administration (NHTSA). The pervasive regulation of motor vehicle safety over the last three decades resulted in a steep decline in the mileage-based motor vehicle death rate (Fingerhut and Warner, 1997). Can we apply this type of success gained from Public Transportation Policy Networks to other types of social-networks? Bridge acceptance gaps and improve understanding 1. Identify gaps and provide recommendations to rectify between what is said and what is actually practiced in public safety and other pedestrian awareness safety education curriculums. 2. Highlight the differences between pedestrians and driver’s, realizing that the larger the gap in this designation, the greater the problem. 3. Provide an opportunity to connect and interact with pedestrians and drivers almost simultaneously.
  • 19. THE LEGAL CONTEXT OF HUMAN DECISIONS 4. Identify gaps between public transportation policy perceptions; goals; and actual policy initiatives within the pedestrian awareness crosswalk education advocacy community. 5. Actively service internal benchmarks. 6. Follow measurable means for achieving pedestrian campaigns in communities. 7. Realize aware pedestrian trends and progress. 8. Determine where current Public Transportation Policies work and where they fall short. 9. Be an operational tool because responsive to Pedestrian’s actions. 10. Pedestrians must feel everyone in the community is on board with improving Public 11. Ignite transportation policy for their personal security and safety. 12. Community leader’s care and listen to what they have to say. 13. Encourages citizen feedback openly and in public forums. 14. Gauging leadership roles as a part of the public safety community. 15. Encourage open communication among various organizational layers. 16. Involve all key players. 17. Choose realistic strategies. 18. Establish a shared vision. 19. Build ownership at all levels. 20. Institutionalize changes. 21. Always publicize successes. Equity/ Inclusion in transportation policy as a solution An equitable transportation system must ensure that the decision-making processes used by Metropolitan Planning Organizations (MPOs) and state Departments of Transportation (DOTs) are representative, responsive and accountable, and that they select projects with a goal of promoting equitable outcomes at the metro level. This is often not the case under the current system. Few MPOs or state DOTs are representative of the populations they serve. Equity-based transportation policies focus on four core principles: 1. Increasing access to economic opportunity and employment for all; 2. Improving access to jobs and fairly distributing the work of building and fixing critical infrastructure in local communities; 3. Creating healthier, more sustainable communities by supporting safe, smart, affordable alternatives to highway metropolitan sprawl; and 4. Including local residents in all stages of the decision-making process. Public transportation also helps to reduce road congestion and travel times, air pollution, and energy and oil consumption, all of which benefit both riders and non-riders alike. (Federal highway administration, 2010) Racial injustice permeates all facets of American culture
  • 20. THE LEGAL CONTEXT OF HUMAN DECISIONS Interethnic group and intra-ethnic group racism are significant stressors for many African- Americans. As such, intergroup and intragroup racism may play a role in the high rates of morbidity and mortality in this population.xxxiv Racial prejudice and racism have most been perpetrated in the U.S. by people of European descent against various other groups, such as African-Americans or Latinos. However, because of the shifts in our communities' demographics in some parts of the U.S., racial prejudice and racism also lead to tensions between people of non-European descent, such as between African Americans and Asian Americans. As the U.S. becomes more diverse and the world's residents more mobile, we must be prepared to act in order to reduce the potential for hostility due to differences in our physical traits and other characteristics. No matter what culture or part of the world you're from, you've seen the results of racial prejudice and racism, even if you've never directly felt it aimed at you. The results of racial prejudice and racism can be seen everywhere: stereotypes, violence, underfunded schools, unemployment, police brutality, shabby housing, a disproportionate number of African-American men on death row, etc. Racial prejudice and racism can be found in many different areas of society: in the media, in service organizations, in the workplace, in neighborhoods, at school, in local government, on your block -- in virtually every area of daily life. Overcoming systemic prejudice: Racism in transportation policy and health conscious communities WHAT IS RACIAL PREJUDICE? To be racially prejudiced means to have an unfavorable or discriminatory attitude or belief towards someone else or another group of people primarily on the basis of skin color or ethnicity. Most leaders believe racism is present when thoughts and expectations about race create and sustain policies that unfairly make one racial group superior over another one. These racists limits access to power by only hiring people that are like them, they finance resources with the expectation that in order to receive the benefit a certain value system has to be shared, rights are limited because the racist culture is not open to mediation and promotion, and privileges to some on the basis of race, while at the same time giving unjust rewards. Racism also occurs when unjust traditions or ‘social structures’ are produced by the failure to account for race excessive force it exerts in all aspects of society, both historically and today. An action is racist when it supports the continuance of racially imbalanced power and privilege. So if you want to know whether an action is racist, question: Does it help to reproduce a racial hierarchy that gives some more power, privileges, rights, and resources than others, on the basis of race? Developed by sociologist Joe Feagin, systemic racism is a popular way of explaining, within the social sciences and humanities, the significance of racexxxv and racism both historically and in today's world. Systemic racism includes the complex array of anti-black practices, the unjustly gained political-economic power of whites, the continuing economic and other resource
  • 21. THE LEGAL CONTEXT OF HUMAN DECISIONS inequalities along racial lines, and the white racist ideologies and attitudes created to maintain and rationalize white privilege and power. Systemic here means that the core racist realities are manifested in each of society’s major parts [...] each major part of U.S. society--the economy, politics, education, religion, the family--reflects the fundamental reality of systemic racism. Feagin explains that the undeserved impoverishment of people of color (POC), which is the basis of the undeserved enrichment of white people, is one of the core aspects of systemic racism. In the U.S. this includes the role that Black slavery played in creating an unjust wealth for white people, their businesses, and their families. It also includes the way white people exploited labor.xxxvi Selected Landmark Decisions of the U.S. Supreme Courtxxxvii The Supreme Court annually hears about 100 cases and rejects about 7,000 requests for review. The decisions made by the Courts of Appeals in many of those cases are the last word. In light of that, Courts of Appeals have a major impact on the everyday life of law-abiding citizens, including teens.xxxviii 1962: Baker v. Carr. The Court held that the constitutional challenges to the unequal distribution of voters among legislative districts could be resolved by federal courts, rejecting the doctrine set out in Colegrove v. Green in 1946 that such apportionment challenges were "political questions." 1963: Gideon v. Wainwright. The Court ruled that the due process clause of the 14th Amendment extended to state as well as federal defendants, thus all persons charged with serious crimes must be provided with an attorney, and states were required to appoint counsel for defendants unable to pay their own attorneys’ fees. The Supreme Court upholds racial quotas used in reapportioning legislative districts to comply with the Voting Rights Act of 1964. It hands down the 7-to-1 decision March 1 in United Jewish Organizations of Williamsburg, N.Y. v. Carey. Mistrust of big government weakened support for government reform plans among liberals. School busing and racial quotas were opposed (Bakke decision, June 1978); the Equal Rights Amendment for women languished; civil rights for homosexuals were opposed (Dade County referendum, June 1977). 1978: Regents of Univ. of Calif. v. Bakke. The Court ruled that a special admissions program for a state medical school under which a set number of places were set aside for minority group members, with white applicants denied the opportunity to compete for those seats, violated Title XIV of the 1964 Civil Rights Act, which forbids the exclusion of anyone, because of race, from participation in a federally funded program. The Court also ruled that admissions programs that considered race as one of a complex of factors involved in the decision to admit or reject an applicant were not unconstitutional. 1976: Gregg v. Georgia, Profitt v. Fla., Jurek v. Texas. The Court held that death, as a punishment for persons convicted of first degree murder, was not in and of itself cruel and
  • 22. THE LEGAL CONTEXT OF HUMAN DECISIONS unusual punishment in violation of the 8th Amendment. The Court also ruled that the amendment required the sentencing judge and jury to consider the individual character of the offender and the circumstances of the particular crime before deciding whether to impose the death sentence. In the associated Woodson v. N.C., Roberts v. La., the Court ruled that states could not make death the mandatory penalty for first-degree murder, since that would fail to meet the constitutional requirement for the consideration of the individual offender and offense. In 1986: Bowers v. Hardwick. The Court refused to extend any constitutional right of privacy to homosexual activity, upholding a Georgia law that in effect made such activity a crime. (Although the Georgia law specifically prohibited sodomy, whether heterosexual or homosexual, enforcement had been confined to homosexual sodomy.) In Romer v. Evans (1996), however, in a decision more favorable to gay rights, the Court struck down a Colorado constitutional provision that barred legislation protecting homosexuals from discrimination. 1995: Adarand Constructors v. Peña. The Court held that federal programs that classify people by race, unless "narrowly tailored" to accomplish a "compelling governmental interest," may deny individuals the right to equal protection. Such federal programs, the Court maintained, must adhere to the same strict standards required of state-run affirmative action programs. 2000: Santa Fe Independent School District v. Doe Holding: Students may not use a school's loudspeaker system to offer student-led, student-initiated prayer. Before football games, members of the student body of a Texas high school elected one of their classmates to address the players and spectators. These addresses were conducted over the school's loudspeakers and usually involved a prayer. Attendance at these events was voluntary. Three students sued the school arguing that the prayers violated the Establishment Clause of the First Amendment. A majority of the Court rejected the school's argument that since the prayer was student initiated and student led, as opposed to officially sponsored by the school, it did not violate the First Amendment. The Court held that this action did constitute school-sponsored prayer because the loudspeakers that the students used for their invocations were owned by the school.xxxix 2003: Grutter v. Bollinger Holding: Colleges and universities have a legitimate interest in promoting diversity. Barbara Grutter alleged that her Equal Protection rights were violated when the University of Michigan Law School's attempt to gain a diverse student body resulted in the denial of her admission's application. The Supreme Court disagreed and held that institutions of higher education have a legitimate interest in promoting diversity.xl The Court strengthened the hand of law-enforcement officials and Racial Bias. In 1995-96, The Court strengthened the hand of law-enforcement officials and Racial Bias by upholding the government’s right both to seek criminal penalties against a defendant and to seize the same person’s property. Writing for an 8-1 majority, Chief Justice Rehnquist maintained that such civil forfeiture did not violate the constitutional ban on double jeopardy (U.S. v. Ursery; June 24). Another important 8-1 decision ruled out purely statistical claims that the federal government’s prosecution of crack-cocaine cases was racially biased (U.S. v. Armstrong; May
  • 23. THE LEGAL CONTEXT OF HUMAN DECISIONS 13). In Whren v. U.S. (June 10), the Court was unanimous in granting the police wide latitude to use even a minor traffic violation as a reason for stopping a vehicle and searching it for drugs. In an article entitled, “Oklahoma ranks fifth highest in black homicides in U.S.” By AMANDA BLAND World Staff Writer on Jan 24, 2014 she comments that Marvin Blades, a Tulsa Police Officer finds the decades-old war on drugs, coupled with the erosion of the nuclear family and subsequent lack of positive male role models, to be factors contributing to the trend. Marvin Blades, a former Tulsa police officer and president of 100 Black Men of Tulsa, said the disproportionate number of blacks being killed has been occurring for years and that not enough is being done to combat it. “When you start pairing the drug culture and you match that with the gang culture, then we’ve got a monster, and that’s what we’re dealing with now,” he said. 100 Black Men of Tulsa pairs black youths with successful black men to show them that failure and a life of crime don’t have to be their destiny.xli “They see that ‘I don’t have to live the way that I’ve been living,’ and being exposed to that type of person and that lifestyle, a lot of times, is enough to get that young person to change the way they live,” he said. Blades pointed to Tulsa’s churches as a force sizable enough to intervene in the lives of black youths and address similar social ills. “Until that happens, I think we’re going to keep going down the same road,” he said. But then in 2005 Roper v. Simmons Holding: It is cruel and unusual punishment to execute persons for crimes they committed before age 18. Matthew Simmons was sentenced to death for the murder of a woman when he was 17 years of age. In the 1988 case. Thompson v. Oklahoma, the Supreme Court ruled that executing persons for crimes committed at age 15 or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment. Roper argued that "evolving standards of decency" prevented the execution of an individual for crimes committed before the age of 18. A majority of the Supreme Court agreed with Roper, and held that to execute him for his crime would violate the Eighth Amendment. The moral corruption, racism in all its’ forms, is afforded to ‘people of color’ and to ‘black people’. The excessive ‘living-costs’ and ‘afflictions’ are fundamental characteristics of systemic racism. Higher mortality rates, restricted income and affluence potential, obstructed family development is the direct result of mass incarceration of African-American men and Latinos males. Altered access to educational resources and political participation, Supreme Court authorization of excessive force of Law Enforcement agents and agencies to exert lethal force, and the higher-rates of mental disease and illness adds immense psychological, emotional, and physical burdens to publicly living disadvantaged people. African-Americans and people of color are expected by white people to bear the burden of explaining, proving, and solving systemic racism. White people as the majority citizenship in every category of Democratic participation in the United States of America are primarily responsible for systemic racism. Systemic racism isn’t just one idea. It is the pool of negative stereotypes, prejudices, popular lore, beliefs, false ideas, conventions, and universal traditional philosophies reproducing systemic racism. Whiteness is Good, People of Color are evil; White people are trained, Blacks are dumb; Whites are civil, African-Americans are militant and want sex all the time. Whites are intelligent and driven, People of Color live check to check and are slow.
  • 24. THE LEGAL CONTEXT OF HUMAN DECISIONS Corporate responsibility initiatives that build public trust Disadvantaged Business Enterprise (DBE) Under-Represented Populations Can Achieve a Disadvantaged Business Enterprise for Profit Small Business Status. A Disadvantaged Business Enterprise or DBE/ACDBE is a for-profit small business concern that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged. In the case of a corporation, 51 percent of the stock is owned by one or more such individuals; and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. Eligibility requirements for certification as a DBE/ACDBE are stated in 49 CFR, Part 26. The following six requirements must be proved by a DBE/ACDBE applicant but does not cover all the requirements found in 49 CFR, Part 26. 1. Social and Economic Disadvantage: A disadvantaged owner must be a U.S. Citizen (or resident alien) and meet the federal definition of socially and economically disadvantaged as defined in 49 CFR Part 26.67. Presumptive groups include women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian- Americans, or other minorities found to be disadvantaged by the regulations or any individual found to be socially and economically disadvantaged on a case-by-case basis. 2. Personal Net Worth: Only disadvantaged persons having a personal net worth (PNW) of less than $1.32 million can be considered as a potential qualified DBE/ACDBE. Items excluded from a person's net worth calculation include an individual's ownership interest in the applicant firm, and his or her primary residence. 3. Business Size Standard: A firm (including affiliates) must be a small business as defined by the Small Business Administration (SBA). It must not have annual gross receipts over $23.98 million in the previous three fiscal years. Depending on the type of work the business performs, other size standards may apply. 4. Ownership: Must be a for-profit small business concern where socially and economically disadvantaged individuals own at least 51% interest and control management AND daily business operations. 5. Independence: The business must not be affiliated to another firm in such a way as to compromise its independence and control. These include, but not limited to, such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources. 6. Management and Control: The socially and economically DBE/ACDBE owner (s) must possess the power to direct or cause the direction to the management and policies of the firm and to make day-to-day decisions, as well as long-term decisions on matters of management, policy and operations. Equal employment opportunity & environmental justice
  • 25. THE LEGAL CONTEXT OF HUMAN DECISIONS During the 1960s in the United States, classicist feminist environmental ecology economists were being challenged by mainstream environmental economists. Empirically Feminist economists dispute gender-based misrepresentation, disrespect, and hatred to identify in environmental ecologies. Mainstream environmental ecology economists, such as Jane Jacobs, were starting to publish scholarly papers explaining how Americans were becoming more aware of their surroundings. Meanwhile classicist feminist environmental ecologists like Ester Boserup, questioned homebuilding as defined by development policymakers. Ester Boserup argued that the failure to recognize women’s productive roles has led Western (and Western-trained) policy makers to channel things like credit to male ‘heads’ of the household, while channeling welfare programs (maternal and child health, family planning, nutrition) to women. These ill-defined stereotypes underpin the way our economies work - especially the many policies and programs established to help improve the lives of people in less well-off regions of the world. Environmental justice Jane Jacobs, felt that “innovation thrives in a more open and diverse environment where there is a continual influx of ideas facilitated by the formal and informal exchange of ideas across people, firms and industries. Different primary use mingled together to encourage mixture and varied purposes; small and short blocks to cut up bigness and monotony; structures differing in age, size, type and condition; and high concentrations of people.”xlii Mainstream economists like Mrs. Jacobs, helped to shape-form and then transform the way Environmental Justice evolved. The concept of environmental justice refers to the goal of identifying and avoiding disproportionate adverse impacts on minority and low-income individuals and communities. The provisions of Title VI of the Civil Rights Act of 1964, Executive Order 12898 on Environmental Justice, and other statutes, orders, policies, and guidelines affect planning and project decisions undertaken by Metropolitan Planning Organizations (MPO), public transportation agencies, State Departments of Transportation (DOT), and other transportation providers. Executive Order 12898 on Environmental Justice amplifies the provisions of Title VI of the 1964 Civil Rights Act that states “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Jacobs’ originality as an economic theorist was perhaps best captured by the Economist Sanford Ikeda in a posthumous tribute. Though critical of several aspects of her work, he observed that her dynamic vision has much to offer mainstream economists who, long ago, “stopped thinking about markets as urban, and replaced it with what Jacobs called the ‘plantation model,’ in which diversity of inputs and outputs and the uncertainties of time were replaced with simple production functions in a world where time doesn’t matter and preferences don’t change”. He adds that mainstream economics emphasis “switched from diversity and complexity to homogeneity and simplicity, from dynamics to statics, and from creativity to efficiency.” In his
  • 26. THE LEGAL CONTEXT OF HUMAN DECISIONS opinion, Jacobs offers a way out of mainstream economics’ fixation on the notion of efficiency “where today is basically the same as yesterday and tomorrow the same as today, and nothing can be made to work better than it already is.” Because mainstream economists felt so strongly about the United States economy and the direction it was being employed during the late 1960s an almost evolutionary paradigm shift occurred in the capitalist US economy. Feminists today argue, “It’s the pattern, rather than the pace of growth, which determines its impact on gender equality, together with the efforts on the part of both public and private sector to use the resources generated by growth to distribute the gains from growth more equally between men and women.”xliii Equal pay/compensation discrimination The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay. An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years. The filing of an EEOC charge under the EPA does not extend the time frame for going to court. Wage retaliation What is Wage Retaliation? Any negative action your employer takes against you for filing a wage claim or otherwise exercising your rights under the FLSA. Title VII also makes it illegal to discriminate based on sex in pay and benefits. Therefore, someone who has an Equal Pay Act claim may also have a claim under Title VII. According to the United States Equal Employment Commission, in 2017, “Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases.” The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:  Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
  • 27. THE LEGAL CONTEXT OF HUMAN DECISIONS  Communicating with a supervisor or manager about employment discrimination, including harassment  Answering questions during an employer investigation of alleged harassment  Refusing to follow orders that would result in discrimination  Resisting sexual advances, or intervening to protect others  Requesting accommodation of a disability or for a religious practice  Asking managers or co-workers about salary information to uncover potentially discriminatory wages. For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to:  Reprimand the employee or give a performance evaluation that is lower than it should be;  Transfer the employee to a less desirable position;  Engage in verbal or physical abuse;  Threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police);  Increase scrutiny;  Spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or  Make the person's work more difficult (for example, punishing an employee for an eeo complaint by purposefully changing his work schedule to conflict with family responsibilities).  For more information, Questions and Answers: Enforcement Guidance on Retaliation and Related Issues. Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it.xliv Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences. However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination. PUBLIC SAFETY: CONTROLLED V.S. UNCONTROLLED COSTS While not included as objectives in Healthy People 2020, there are several emerging issues in injury and violence prevention that need further research, analysis, and monitoring.
  • 28. THE LEGAL CONTEXT OF HUMAN DECISIONS Emerging issues in injury prevention Many people accept injuries and violence as “accidents,” “acts of fate,” or as “part of life.” However, most events resulting in injury, disability, or death are predictable and preventable. The Injury and Violence Prevention objectives for 2020 represent a broad range of issues which, if adequately addressed, will improve the health of the Nation.xlv In the area of unintentional injuries, there is a need to better understand the trends, causes, and prevention strategies for 1. Prescription drug overdose deaths 2. Motor vehicle crashes due to distracted driving. 3. Traumatic Brain Injury. Prescription misuse and overdose More than 33,000 people died in 2015 as a result of an opioid overdose. Distracted driving Approximately 9 deaths and 1,000 injuries occur each day in distracted driving incidents. In the area of violence, there is a need to better understand the trends, causes, and prevention strategies related to: 1. Bullying, dating violence, and sexual violence among youth. 2. Elder maltreatment, particularly with respect to quantifying and understanding the problem. 3. Overlapping causes of violence and the strategies that can prevent multiple forms of violence. Emerging Issues in Violence Prevention Youth violence Nearly six percent of students reported missing a day or more of school because they felt unsafe in the environment. Elder care & chronic disease Chronic diseases represent 60% of all deaths. Why is injury and violence prevention important? Injuries are the leading cause of death for Americans ages 1 to 44, and a leading cause of disability for all ages, regardless of sex, race/ethnicity, or socioeconomic status. More than
  • 29. THE LEGAL CONTEXT OF HUMAN DECISIONS 180,000 people die from injuries each year, and approximately 1 in 10 sustains a nonfatal injury serious enough to be treated in a hospital emergency department. Disparities and social determinants Race and ethnicity, gender, sexual identity, age, disability, socioeconomic status, and geographic location all contribute to an individual’s ability to achieve good health. It is important to recognize the impact that social determinants have on health outcomes of specific populations. Social determinants are often a strong predictor of health disparities. For example:  In 2007 to 2008, the Asian or Pacific Islander population had the highest rate of high school graduation among racial and ethnic groups, with 91.4% of students attending public schools graduating with a diploma 4 years after starting 9th grade compared to rates among non-Hispanic white (81.0%), American Indian or Alaska Native (64.2%), Hispanic (63.5%), and non-Hispanic black (61.5%) populations.  According to the National Assessment of Adult Literacy, African American, Hispanic, and American Indian or Alaska Native adults were significantly more likely to have below basic health literacy compared to their white and Asian or Pacific Islander counterparts. Hispanic adults had the lowest average health literacy score compared to adults in other racial and ethnic groups.xlvi  In 2007, African Americans and Hispanics were more likely to be unemployed compared to their white counterparts. Further, adults with less than a high school education were 3 times more likely to be unemployed than those with a bachelor’s degree.xlvii  Low socioeconomic status is associated with an increased risk for many diseases, including cardiovascular disease, arthritis, diabetes, chronic respiratory diseases, and cervical cancer as well as for frequent mental distress.  Low-income minorities spend more time traveling to work and other daily destinations than do low-income whites because they have fewer private vehicles and use public transit and car pools more frequently. Health impact of injuries and violence Beyond their immediate health consequences, injuries and violence have a significant impact on the well-being of Americans by contributing to:  Premature death  Years of potential life lost  Disability and disability-adjusted life years lost  Poor mental health  High medical costs
  • 30. THE LEGAL CONTEXT OF HUMAN DECISIONS  Lost productivityxlviii The effects of injuries and violence extend beyond the injured person or victim of violence to family members, friends, coworkers, employers, and communities. Sources i Buckley, William R. (2008), "Signal Crossing Solutions in von Neumann Self-replicating Cellular Automata", in Andrew Adamatzky; Ramon Alonso-Sanz; Anna Lawniczak; Genaro Juarez Martinez; Kenichi Morita; Thomas Worsch. ii Signalized Intersections: An Informational Guide, 2nd Edition (FHWA, 2013) iii Von Neumann, John; Burks, Arthur W. (1966), Theory of Self-Reproducing Automata. (Scanned book online), University of Illinois Press, retrieved 2017-02-28 iv McMullin, B. (2000), "John von Neumann and the Evolutionary Growth of Complexity: Looking Backwards, Looking Forwards.” Artificial Life, 6 (4): 347–361, doi:10.1162/106454600300103674. v Brook et al., 2010; Laumbach and Kipen, 2012; Mustafić et al., 2012; Tzivian, 2011. vi David Salvesen & Henry Renski (Jan. 2003). The Importance Of Quality Of Life In The Location Decisions Of New Economy Firms. Center for Urban and Regional Studies. Hickerson House, CB# 3410 University of North Carolina at Chapel Hill. vii <https://www.healthypeople.gov/2020/leading-health-indicators/2020-lhi-topics/Social-Determinants#2> viii Brook et al., 2010; Tzivian, 2011 ix <https://www.healthypeople.gov/2020/leading-health-indicators/2020-lhi-topics/Injury-and- Violence/determinants> x Bouris A, Guilamo-Ramos, Pickard A, Shiu C, Loosier PS, Dittus P, Gloppen K, Walmiller JM. A systematic review of parental influences on the health and well-being of lesbian, gay, and bisexual youth: Time for a new public health research and practice agenda. Journal of Primary Prevention 2010; 31:273-309. xi Cummins, S., Findlay, A., Petticrew, M., & Sparks, L. (in press). Reducing inequalities in health and diet: The impact of food retail development. Environment & Planning A. xii Curtis, S., & Rees-Jones, I. (1998). Is there a place for geography in the analysis of health inequality? Sociology of Health and Illness, 20, 645–672. xiii<https://www.healthypeople.gov/2020/leading-health-indicators/2020-lhi-topics/Social-Determinants#3> xiv <https://www.healthypeople.gov/2020/leading-health-indicators/2020-lhi-topics/Social-Determinants#4> xv <https://www.healthypeople.gov/2020/leading-health-indicators/2020-lhi-topics/Social-Determinants#5> xvi Chang, L. J., & Sanfey, A. G. (2013). Great expectations: Neural computations underlying the use of social norms in decision making. Social, Cognitive, & Affective Neuroscience, 8(3), 277-284. xvii <https://www.healthypeople.gov/2020/topics-objectives/topic/injury-and-violence-prevention#10> xviii Schweitzer, Karen. (2019) Curriculum Design: Definition, Purpose and Types. p. 1. xix Institute of Medicine. 2015. Exploring Opportunities for Collaboration between Health and Education to Improve Population Health: Workshop Summary. Washington, DC: The National Academies Press. https://doi.org/10.17226/18979. xx Wassertheil-Smoller, S, Arredondo, EM, Cai,JW, Castenada, Sheila, Choca, JP, Gallo L, Jung M, LaVange LM, Lee- Rey ET, Mosley T, PenedoFJ, Santistaban DA,, Zee, PC. Depression, anxiety, antidepressant use, and cardiovascular disease among Hispanic men and women of different national backgrounds: results from the Hispanic Community Health Study/Study of Latinos (HCHS/SOL), Annals of Epidemiology. 2014; 24:822-30. xxi Cooper, D. R., Atlantic, F., Schindler, P. S., & Wittenberg (2013). Business research methods (12th Ed.). New York, NY: McGraw Hill Higher Education.Newstead, S. E., Byrne, R. M. J., Evans, J. S. B. T., Jonathan St. B. T. Evans, Jonathan St B T Evans, & Jonathan St. B. T. Evans (1993). Human reasoning: The psychology of deduction. Hove: Lawrence Erlbaum Associates. xxii US Burden of Disease Collaborators. The state of US health, 1990-2010: burden of diseases, injuries, and risk factors. JAMA, 310(6): 591-608, 2013.
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