This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer (...) these objections and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders’ interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer (...) these objections and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders' interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

In United States ex rel. Quirk v. Madonna Towers, Inc., the U.S. Court of Appeals for the Eighth Circuit held that the failure of a skilled nursing facility's executives to seek a legal opinion regarding a billing practice they considered valid did not meet the definition of knowingly presenting a false claim for payment to the federal government under the False Claims Act. Alleging that the facility that provided care to his aunt fraudulently submitted claims (...) to Medicare for services provided free of charge, the appellant brought this case qui tam on behalf of the federal government under the FCA.The FCA was passed by the legislature in an effort to punish and deter fraud against the federal government. It provides financial incentives for private individuals to come forward with information about fraudulent activity. (shrink)

Substantial progress in handling scientific misconduct cases has been made since the first cases were investigated by the NIH Office of Scientific Integrity in 1989. The successor Office of Research Integrity (ORI) has simultaneously reduced the backlog of cases and increased the professionalism with which they are handled. However, a spate of lawsuits against universities, particularly those brought under the federal False Claims Act, threatens to undermine the ORI by encouraging use of the courts as an alternate (...) route for resolving claims of research misconduct. Next steps should include establishing a government-wide definition of scientific misconduct, providing immunity from lawsuits for institutions that follow proper procedures in investigating charges of scientific misconduct, and participating in the development of international guidelines for maintaining scientific integrity. (shrink)

In a survey on research misconduct, roughly 20% of the respondents admitted that they have submitted federal grant proposals that include scholars as research participants even though those scholars were not expected to contribute to the research effort. This manuscript argues that adding such false investigators is illegal, violating multiple federal statutes including the False Statements Act, the False Claims Act, and False, Fictitious, or Fraudulent Claims. Moreover, it is not only the (...) offending academics and the false investigators that face civil and criminal penalties because administrators may also be liable if they sign off on proposals and are in a position to know that false investigators might be included. Policy recommendations that should reduce the use of false investigators include changing institutional cultures, better training and oversight of the responsible conduct of research, and, most importantly, making all grant reviews double blind. (shrink)

The U.S. Court of Appeals for the Fifth Circuit ruled, in United States u. Texus Tech University, 171 F.3d 279, that the Eleventh Amendment bars a private citizen from bringing a qui tam action in federal court against a state, absent federal intervention.Intervenor Carol Foulds was a dermatology resident at the Texas Tech Health Services Center. While a resident, Foulds examined patients, made diagnoses, and prescribed treatments for patients. Foulds alleged that she and other residents performed these medical (...) services without the supervision of staff physicians. Foulds further alleged that, after residents performed these services without physician oversight, staff physicians signed charts and Medicare and Medicaid billing forms certifying that they personally performed or supervised the administration of these services. Foulds estimates approximately 500,000 false claims occurred in a span of ten years.In 1995, Foulds filed a qui tam action with the U.S. District Court for the Northern District of Texas. As regulated by the False Claims Act, 31 U.S.C. § 3729, the complaint remained under seal. (shrink)

Scientific misconduct includes the fabrication, falsification, and plagiarism (FFP) of concepts, data or ideas; some institutions in the United States have expanded this concept to include “other serious deviations (OSD) from accepted research practice.” It is the absence of this OSD clause that distinguishes scientific misconduct policies of the past from the “research misconduct” policies that should be the basis of future federal policy in this area. This paper introduces a standard for judging whether an action should be considered (...) research misconduct as distinguished from scientific misconduct: by this standard, research misconduct must involve activities unique to the practice of science and must have the potential to negatively affect the scientific record. Although the number of cases of scientific misconduct is uncertain (only the NIH and the NSF keep formal records), the costs are high in terms of the integrity of the scientific record, diversions from research to investigate allegations, ruined careers of those eventually exonerated, and erosion of public confidence in science. Existing scientific misconduct policies vary from institution to institution and from government agency to government agency; some have highly developed guidelines that include OSD, others have no guidelines at all. One result has been that the federal False Claims Act has been used to pursue allegations of scientific misconduct. As a consequence, such allegations have been adjudicated in federal courts, rather than judged by scientific peers. The federal government is now establishing a first-ever research misconduct policy that would apply to all research funded by the federal government regardless of which agency funded the research or whether the research was carried out in a government, industrial or university laboratory. Physical scientists, who up to now have only infrequently been the subject of scientific misconduct allegations, must nonetheless become active in the debate over research misconduct policies and how they are implemented since they will now be explicitly covered by this new federal wide policy. (shrink)

Ever since the U.S. Attorney General named health care fraud as the government's second highest priority after violent crime, the government has cracked down on health care fraud and abuse. Some of this crackdown has been needed. The General Accounting Office estimates that as much as 10 percent of all government expenditures on health care are being siphoned out of the system because of fraud or abuse.The extreme measures taken to curb health care abuse have raised eyebrows, however. The American (...) Medical Association and the American Hospital Association both have been vocal in their disapproval, describing the current enforcement initiative as “absolutely out of control.” The associations even went so far as to file suit to enjoin the government's actions. (shrink)

Ever since the U.S. Attorney General named health care fraud as the government's second highest priority after violent crime, the government has cracked down on health care fraud and abuse. Some of this crackdown has been needed. The General Accounting Office estimates that as much as 10 percent of all government expenditures on health care are being siphoned out of the system because of fraud or abuse.The extreme measures taken to curb health care abuse have raised eyebrows, however. The American (...) Medical Association and the American Hospital Association both have been vocal in their disapproval, describing the current enforcement initiative as “absolutely out of control.” The associations even went so far as to file suit to enjoin the government's actions. (shrink)

In 2015, the U.S. Supreme Court issued its ruling on the Patient Protection and Affordable Care Act (ACA). Among other things, it found that states may refuse to expand Medicaid to all individuals earning less than 133% of the federal poverty line. In this article, I evaluate the strongest conservative objection to the Medicaid expansion, which runs as follows: "Defenders of the ACA promised that the Medicaid expansion (and all other parts of the ACA) would be paid for with (...) compensating cuts. However, it’s arguable that that claim is false and that the government is likely to follow its well-worn pattern of charging at least some of the increased spending to the national debt. Debt is already at dangerous levels, and adding to it increases the risk of a serious fiscal crisis. We should therefore oppose the Medicaid expansion." After laying out this argument, I evaluate its central claims and draw three main conclusions. First, some people could reasonably believe the assumptions behind the fiscal objection, and thus reasonably oppose the Medicaid expansion as well. Second, despite the fact that reasonable critics could hold those assumptions, most critics do not, and so they should not reject the Medicaid expansion on these fiscal grounds. Third, supporters of the ACA and the Medicaid expansion can reasonably reject the assumptions behind the fiscal objection, and thus the objection itself. (shrink)

In Filartiga v. Pena-Irala (1980), the Second Circuit Court of Appeals ruled that victims of human rights violations could sue their oppressors civilly in US courts under an eighteenth century law now called the Alien Tort Claims Act (ATCA). Controversy raged over the Filartiga decision and the proper interpretation of the ATCA for 24 years. Then in Sosa v. Alvarez-Machain (2004), the Supreme Court issued its first ATCA decision. This essay analyzes the effect of the Sosa decision on the (...) development of human rights law in US courts. I find that while the federal judiciary is responding to some of the Supreme Court’s directives, lower courts still retain a great deal of discretion in handling ATCA cases. (shrink)

In this volume, Alessandro Capone and Antonino Bucca’s essay makes a case, based upon the theory of pragmemes and socio-pragmatics, for taking Donald Trump’s statement to Comey, “I hope you will let Flynn go,” as an attempt of the President to get the then Federal Bureau of Investigation Director Comey to illegitimately drop the Russian probe, therefore being an illegal act of obstruction of justice. Their argument rests upon the claim that in this specific case, deniers of obstruction of (...) justice claims, when faced with Trump’s statements, must adopt a false theory of language in order to justify their conclusions. In his response, Richard Warner argues that though much of Capone and Bucca’s claims are convincing, and that much of the analysis of language in their article is accurate, even accepting their pragmeme and socio-pragmatic driven analysis, the content of Trump’s statement to Comey is not unequivocal enough to warrant certainty as to the obstruction claim. In this chapter one conclusion will be that Capone, Bucca and Warner all offer very important arguments useful in the accurate interpretation of Trump’s statement, and for interpretation in law generally. This conclusion will be supported and made more explicit by reading the essays in relation to Karl Llewellyn’s own constitutional theory, a theory that sees the constitution as an institution just partially, even minimally, based upon a purportedly “literal” reading of text. A further conclusion will be that theories of language, implicit or explicit, do indeed inevitably influence the analysis of statements like Trump’s at a very deep and profound level. Yet, thought this is all correct, I will argue that Trump’s statement, in context, cannot be read with such specificity so, in itself, it is sufficient evidence of obstruction of justice. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist (...) claims. I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist (...) claims. I also show that the erroneous verdictive is of more general interest. (shrink)

: Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's (...) constructionist claims. I also show that the erroneous verdictive is of more general interest. (shrink)

Although others have focused on Catharine MacKinnon's claim that pornography subordinates and silences women, I here focus on her claim that pornography constructs women's nature and that this construction is, in some sense, false. Since it is unclear how pornography, as speech, can construct facts and how constructed facts can nevertheless be false, MacKinnon's claim requires elucidation. Appealing to speech act theory, I introduce an analysis of the erroneous verdictive and use it to make sense of MacKinnon's constructionist (...) claims. I also show that the erroneous verdictive is of more general interest. (shrink)

The marketing of unproven direct-to-consumer stem cell interventions is becoming widespread in Canada. There is little evidence supporting their use and they have been associated with a range of harms. Canada has been slower to act against clinics offering these interventions than other jurisdictions, including the United States. Here, we outline the regulatory and policy tools available in Canada to address this growing problem. Health Canada’s regulations governing cell therapies are complex, but recent statements make it clear that Health Canada (...) believes it has jurisdiction over many of the currently marketed stem cell interventions. Still, further regulatory clarity is needed from Health Canada, as are increased directed enforcement efforts on interventions that fall within their scope. The Competition Bureau, via the Competition Act, prohibits advertisers from making materially false or misleading promotional representations. The Competition Bureau could collaborate with the scientific community to analyze the claims of existing clinics in Canada, and impose sanctions upon those who breach the established standard. Professional regulators, including provincial colleges of physicians and surgeons, have considerable power over what products and services their members can offer. Every college of physicians in Canada requires, via policy and codes of ethics, that doctors maintain evidence-based practices. This requirement is incompatible with offering many unproven stem cell interventions. Litigation may be another tool, including the use of fraud, misrepresentation and/or negligence claims for failing to meet the required standard of care. Finally, political pressure on federal and provincial lawmakers could encourage changes to marketing, cell therapy and professional regulations that would allow a more comprehensive response. In sum, there are many existing tools that can be used to protect the public from unproven stem cell interventions. Increased bureaucratic will and grassroots efforts are needed in order to effect a positive policy response. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE "JUSTIFIABLE HOMOCIDE" OF ABORTION PROVIDERS: MORAL REASON, MIMETIC THEORY, AND THE GOSPEL James Nash Our land will never be cleansed without the blood of abortionists being shed. (Shelly Shannon) The above quotation is taken, with permission, from a letter written to me by Ms. Shannon. A devout Roman Catholic, she is currently doing time at Federal prison in Kansas, sentenced to 3 1 years for shooting a (...) famous abortion provider. I have also been in touch with Paul Hill, the former Presbyterian minister, who killed the Pensacola abortion doctor, John Britton. Mr. Hill has written extensively on how his Christian faith led him to what he calls the "justifiable homicide" of Dr. Britton. The connection between this kind of religiously-justified violence and the work of René Girard is too obvious to be ignored. The violenct acts and rhetoric that polarize both sides of the abortion debate serve to illustrate our society's collapsing ability to distinguish effectively between "good" and "bad" violence (Girard 1972, 52-3). At the same time, the almost universal condemnation ofthe "religious" proponents ofjustifiable homicide confirms the Girardian claim that in cultures under gospel influence, "acts of violence that once endowed its perpetrators with religious and cultural preeminence radually begin to rob them of it" (Bailie 52-3). Finally, as we shall see, the incoherence of religiouslygrounded efforts to condemn "justifiable homicide suggests that James Nash69 contemporary Christianity is also having increasing difficulty in distinguishing "good" and "bad" violence. But before exploring these issues I want to ask another question, one that will prepare the ground for the application of Girard's theory to abortion violence. What light can moral reason shed on the problem of the "justifiable homicide" of abortion doctors? Are there clear arguments which will convince any reasonable person it is wrong to kill abortion providers in order to protect unborn human life? At first it might appear rather simple to produce such arguments —after all an overwhelming majority of Americans currently believe killing abortion workers is wrong, no matter where they stand on the morality of abortion itself. On the other hand, there is a danger that because the current moral consensus against this type of killing appears to be so strong, we may be misled into a false sense of security. After all, thirty or forty years ago there was little debate about the morality of homosexuality, pre-marital sex, or abortion itself. In fact, there are an increasing number of voices suggesting that violence against abortion providers is justified; the question has in fact divided the pro-life movement. What I will attempt to show in what follows is that the arguments offered by moral reason against shooting abortionists are surprisingly weak. While there is little danger in the foreseeable future that anywhere near a majority of people will view this form of killing as "justifiable," there are, I believe, solid grounds to fear that "moral reason" alone is no longer strong enough to provide compelling arguments against abortion violence. If ethical rationality cannot account for the moral revulsion most people feel at the shooting of abortion doctors, the ground is prepared for another way of understanding and avoiding this religiously—sanctioned violence. I am referring to René Girard's mimetic theory, and at the end of this article I hope to show how it can help us to understand both why some pro-life people have turned to violence, and how this response to abortion can be avoided. For if we come to doubt that moral reason alone can uphold the prohibition against "justifiable homicide," then perhaps we need to develop a different kind of reason, or different kinds of reasons. This will lead, finally, to reflection on some of the radical theological implications of Girard's thought, a dimension of his work which, in my judgment, is too often neglected. 70"Justifiable Homicide " Before going any further, I realize I must define what I mean by "moral reason." My use of this term is simply the common post-Kantian notion that if an action is truly immoral, one will avoid doing it not because offear, custom or human law; rather one's actions will be guided... (shrink)

The marketing of unproven direct-to-consumer stem cell interventions is becoming widespread in Canada. There is little evidence supporting their use and they have been associated with a range of harms. Canada has been slower to act against clinics offering these interventions than other jurisdictions, including the United States. Here, we outline the regulatory and policy tools available in Canada to address this growing problem. Health Canada’s regulations governing cell therapies are complex, but recent statements make it clear that Health Canada (...) believes it has jurisdiction over many of the currently marketed stem cell interventions. Still, further regulatory clarity is needed from Health Canada, as are increased directed enforcement efforts on interventions that fall within their scope. The Competition Bureau, via the Competition Act, prohibits advertisers from making materially false or misleading promotional representations. The Competition Bureau could collaborate with the scientific community to analyze the claims of existing clinics in Canada, and impose sanctions upon those who breach the established standard. Professional regulators, including provincial colleges of physicians and surgeons, have considerable power over what products and services their members can offer. Every college of physicians in Canada requires, via policy and codes of ethics, that doctors maintain evidence-based practices. This requirement is incompatible with offering many unproven stem cell interventions. Litigation may be another tool, including the use of fraud, misrepresentation and/or negligence claims for failing to meet the required standard of care. Finally, political pressure on federal and provincial lawmakers could encourage changes to marketing, cell therapy and professional regulations that would allow a more comprehensive response. In sum, there are many existing tools that can be used to protect the public from unproven stem cell interventions. Increased bureaucratic will and grassroots efforts are needed in order to effect a positive policy response. (shrink)

The False Claims Act, 31 U.S.C. § 3729, a post-Civil War law inspired by cases of defense contracting fraud, was revitalized in 1986. Since then it has been used to sue both manufacturers and providers of pharmaceuticals. In some cases, these suits were meant to target offlabel marketing of pharmaceuticals. In 2009, the 11th Circuit rendered a decision in Hopper v. Solvay Pharmaceuticals that dramatically limits the ability of private plaintiff whistle-blowers to bring qui tam suits under the (...) FCA for such marketing. In June 2010, the Supreme Court denied certiorari, making the Circuit court decision final. The Solvay decision creates a significant barrier to certain kinds of qui tam suits, requiring the plaintiff to demonstrate the intent to market off-label, including by showing specific prescriptions that were written as a result of efforts to do so. (shrink)

The United States Court of Appeals for the Seventh Circuit held, in Murrey v. United States ), that claims for a physician's failure to obtain a patient's informed consent are not barred by the Federal Tort Claims Act as a species of misrepresentation. The court further held that the claim was not barred by the failure to include the issue of informed consent in the administrative claim. This decision reduces the burden on plaintiffs to state every cognizable (...) claim consistent with the facts in an administrative proceeding; the failure to do so would prevent them from raising the claim in court.The patient, Thomas Murrey, a sixty-eight-year-old U.S. veteran, sought treatment at a Veteran's Administration hospital in North Chicago, Illinois. VA doctors diagnosed him with prostate cancer, and advised him to undergo surgery to remove his entire prostate. (shrink)

According to hedonistic act utilitarianism, an act is morally right if and only if, and because, it produces at least as much pleasure minus pain as any alternative act available to the agent. This dissertation gives a partial defense of utilitarianism against two types of objections: action guidance objections and intuitive objections. In Chapter 1, the main themes of the dissertation are introduced. The chapter also examines questions of how to understand utilitarianism, including (a) how to best formulate the moral (...) explanatory claim of the theory, (b) how to best interpret the phrase "pleasure minus pain," and (c) how the theory is related to act consequentialism. The first part (Chapters 2 and 3) deals with action guidance objections to utilitarianism. Chapter 2 defines two kinds of action guidance: doxastic and evidential guidance. It is argued that utilitarianism is evidentially but not doxastically guiding for us. Chapter 3 evaluates various action guidance objections to utilitarianism. These are the objections that utilitarianism, because it is not doxastically guiding, is a bad moral theory, fails to be a moral theory, is an uninteresting and unimportant moral theory, and is a false moral theory. The second part (Chapters 4, 5 and 6) deals with intuitive objections to utilitarianism. Chapter 4 presents three intuitive objections: Experience Machine, Transplant, and Utility Monster. Three defenses of utilitarianism are subsequently evaluated. Chapter 5 and 6 introduces two alternative defenses of utilitarianism against intuitive objections, both of which concern the role that imagination plays in thought experimentation. In Chapter 5, it is argued that we sometimes unknowingly carry out the wrong thought experiment when we direct intuitive objections against utilitarianism. In many such cases, we elicit moral intuitions that we believe give us reason to reject utilitarianism, but that in fact do not. In Chapter 6, it is argued that using the right kind of sensory imagination when we perform thought experiments will positively affect the epistemic trustworthiness of our moral intuitions. Moreover, it is suggested that doing so renders utilitarianism more plausible. In Chapter 7, the contents of the dissertation are summarized. (shrink)

The United States Court of Appeals for the District of Columbia Circuit held that the district court did not have jurisdiction over the American Chiropractor's Association's federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical insurance (...) for elderly and disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization. (shrink)

The United States Court of Appeals for the District of Columbia Circuit held that the district court did not have jurisdiction over the American Chiropractor's Association's federal question claims brought under the Medicare Act, despite affirming the ACA's prudential standing to pursue its claims. The Appeals Court reversed the lower court's decision allowing a doctor of medicine or osteopathy to perform manual manipulations of the spine on Medicare beneficiaries to correct a subluxation.The Medicare program “subsidizes medical insurance (...) for elderly and disabled persons.” An enrollee selects a physician or obtains medical services through a managed-care provider, such as a health maintenance organization. (shrink)

Ferenc Huoranszki argues for two main claims in the ninth chapter of Freedom of the Will: A Conditional Analysis (Huoranszki 2011). First, Huoranszki tries to show that libertarian restrictivism is false because self-determination in the libertarian sense is not necessary for our responsibility, even if motives, reasons or psychological characteristics can influence us relatively strongly to choose one or the other alternative. second, Huoranszki rejects the so-called manipulation argument.1 this is an argument for the conclusion that unless physical (...) indeterminism is true, nobody can be morally responsible because our behavior is never independent enough of our environment. Therefore, according to Huoranszki, neither libertarian self-determination nor physical indeterminism is required for moral responsibility. in my view, Huoranszki’s counterarguments do not defeat libertarian restrictivism. How- ever, they can force philosophers who defend this theory to modify or refine it. i analyze Huoranszki’s arguments against libertarian self-determination in the first part of my paper. in the second part, I briefly argue for one supervenience argument inspired by a similar objection made earlier (bács 2012). According to this modified argument, Huoranszki’s theory about abilities and responsibility would entail that if physical determinism is true then we are responsible for our ordinary actions only because we are able to do miraculous acts as well. if this objection is correct, Huoranszki’s compatibilism is unsuccessful. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Joseph Margolis LITERATURE AND SPEECH ACTS The trivial truth that literature employs language has been fastened on regularly and repeatedly to spawn a remarkable variety of misconceptions. Most famously, in the context of aesthetics, it has led to the untenable thesis that all art is language,1 and to the more pointed claim that works of art somehow affirm propositions that may be linguistically rendered and straightforwardly judged true or (...) false. It has also embarrassed a good deal of theorizing about the nature of aesthetic experience and the aesthetic orientation, and has led to preposterous views about the aesthetic status of the literary arts and the exaggerated importance of words in literature. These developments are reasonably well known, partly because they form a venerable portion of the history of aesthetics, partly because the doctrines at stake take so many apparently persuasive guises—even in our own time. There are other views, however, also largely based on the example of literature, that are at once useful because they are corrective of other abuses and are in their turn prone to newer mistakes that bid fair to become fashionable. The ambivalent corrective I have in mind may be marked by the thesis that a work of art is an utterance of some sort. In effect, the thesis stresses the distortion that results from pretending to address art relevantly solely in terms of the palpable properties of some object or product—more or less on the model of examining a perceptually accessible physical object. Attention is required, on the theory, to the act or agency of the artist by which the work is "uttered," in a sense quite close to that in which a forger is said to "utter" a bad check: by this simple strategem, we are led to see that biographical, historical, intentional considerations are instructive about a work of art in an essential way and that the properties of an artwork cannot possibly be restricted to its merely sensory or sensuous features (if indeed, admitting conceptual art, a particular work has any such features at all). The proposal, therefore, is at least a heuristically useful one. Whether it ought also to be enshrined as definitional of 39 40Philosophy and Literature art is another question altogether, qualified partly by its being entirely possible to save the corrections without the thesis, partly by the debatable force of definitions themselves. A rather specialized but utterly misleading and unpromising version of the utterance theory maintains that literature as such, as well as such particularly important distinctions within literature as fiction, poetry, and metaphor, may be perspicuously defined or distinguished in terms of a speech-act model. We must be careful here. The general thesis that the phenomenon of language cannot be adequately analyzed apart from contextual considerations bearing on speakers' intentions, shared assumptions and background beliefs between speakers and hearers, and the actual histories of conversations and the like has now been abundantly confirmed by a variety of theorists—including, prominently, J. L. Austin, P. F. Strawson, H. P. Grice, John Searle, Keith Donnellan, George Lakoff, and Zeno Vendler. Still, the general concession that familiar syntactic and semantic studies of the phenomenon of language omit an entire dimension of language, as Austin so ably demonstrated, has rather little to say about the distinctions normally debated in the context of literary theory and the appreciation and criticism of literature. (This may well seem paradoxical. The argument has yet to be supplied.) But since the application of the speech-act model to literary analysis shows some tendency to attract advocates, it may be useful to draw explicit attention here to the inherent limitations and difficulties of the enterprise. Obviously, if language must be analyzed at least in part in terms of the context of performing speech acts, it will be impossible to ignore altogether the speech-act dimension of literary utterances. The question remains: what can and what cannot be illuminated by means of the speech-act model? Precisely how restricted a general speech-act model is—that is, one not restricted just to literature—can be seen at a stroke simply by noting that the meanings of sentences (i) cannot be equated with what speakers... (shrink)

This article examines how the authorization of scientific discourses in the US Endangered Species Act of 1973 has influenced the ways people make claims about culturally significant animals. In it, I focus on struggles over the management of two endangered fish species among a federally recognized Native American tribe, state resource managers, and other actors. I discuss how the requirements of the ESA, namely that decisions regarding the protection of endangered species must be made based “solely on the basis (...) of the best scientific…data available,” have pushed people to reframe their cultural claims about the environment as scientific claims in order to gain legal authority. I argue that these animals span the social worlds of indigenous hunters and fishers, regulators, and ecological scientists. As such, they offer the opportunity to interrogate the relationships among ways of knowing the environment. I suggest that strict divisions among “types” of knowledge as well as hard-and-fast bonds between groups and “their” knowledge become problematic. Instead, people assemble eclectic articulations of knowledge to make the most authoritative claim possible in a given context, contradicting the assumption that certain people know the world only, or primarily, in a particular way. (shrink)

In the Ethics, Spinoza famously rejects freedom of the will. He also offers an error theory for why many believe, falsely, that the will is free. Standard accounts of his arguments for these claims focus on their efficacy against incompatibilist views of free will. For Spinoza, the will cannot be free since it is determined by an infinite chain of external causes. And the pervasive belief in free will arises from a structural limitation of our self-knowledge: because we are (...) aware of our actions but unaware of their causes, we suppose that we alone must be responsible for them. Yet I argue that the standard accounts miss a further element of Spinoza’s arguments that also targets compatibilist views on which free will is consistent with a specific kind of determination—namely, self-determination in accordance with our value judgments. For Spinoza, we are misled not only in supposing that our actions lack external determination but also in thinking that they are determined by our representations of value. In fact, our actions are determined by our appetites, which are blind to our value judgments. And the pervasive belief that our actions are determined by such judgments arises from the projection of value onto the objects we seek. As he denies us free will, then, Spinoza also denies us a capacity central to agency—the capacity to determine our actions in accordance with our ideas of the good. This makes his arguments against free will more consequential, and more radical, than commonly assumed. (shrink)

It is an indubitable fact that our thoughts are always about something or some state of affairs in the world. Again, it is true that we use language to express some of our thoughts, and that in such a use of language which philosophers call a speech act, language also comes to be about something or some state of affairs in the world. E.g., when someone asserts that Peter is married to Mary, the sentence, 'Peter is married to Mary', comes (...) to be about the state of affairs of Peter's being married to Mary. This property of being about something which characterizes our thoughts and speech acts is called "intentionality" by philosophers. ;In Intentionality, John Searle claims that the Intentionality of language and the Intentionality of speech acts performed by using language is derived from the intrinsic Intentionality of mental states which accompany the speech act. In the dissertation I propose to examine this claim of Searle's. ;Searle's view regarding the Intentionality of speech acts is incomplete and wrong. Searle does not show how the Intentionality of referring and predicating in a speech act is to be derived from mental reference and mental predication in the corresponding mental state. In this sense his theory is incomplete. Further, his theory is false. Taking the case of belief, I propose to show that it cannot be the source of the Intentionality of the corresponding assertion. Either a belief is a disposition and does not have any Intentionality or it is a mental act of accepting a proposition in which case the Intentionality of the belief and the Intentionality of the assertion have the same linguistic nature and the former cannot be the source of the latter. We are faced with a dilemma which shows that Searle's view cannot be correct. In the dissertation it will be argued that the Intentionality of a speech act is as intrinsic to it as the Intentionality of a mental phenomenon is to the mental phenomenon. The nature of speech act referring and predicating, mental referring and predicating, linguistic concepts and linguistic acts using those concepts will be discussed. (shrink)

meaning of a proper name is simply its referent.[1] This thesis, however, brings with it a whole host of problems. One particularly thorny difficulty is that of negative existentials, sentences of the form ‘N does not exist’ (where ‘N’ is a proper name). Intuitively, some such sentences are true, but the direct reference theory seems to imply that they must be either false or meaningless. After all, if the meaning of a name is just its referent, then a sentence (...) such as ‘Mary does not exist’ is meaningless unless there exists a person Mary who is the referent of the name ‘Mary’. But if such a person exists, then the sentence denying her existence must be false.            Now it might be suggested that negative existentials involve a rather rare and specialized use of names, for which an alternate analysis might well be appropriate. One might, for example, have independent reasons for thinking that existence is not a predicate. Even if this is right, however, the analysis of fictional discourse poses difficulties for the direct reference theory that cannot be so easily avoided. The trouble is that fictional names—‘Sherlock Holmes’ and ‘Bilbo Baggins’, for example—lack referents; fictional characters do not exist. As a result, a simple application of the direct reference view to fictional discourse is entirely untenable—this would entail that claims regarding fictional characters are not only never true, but always meaningless.            The tendency in the philosophy of language has been to treat fictional discourse as a peripheral case, posing little threat to the direct reference view. And, as such, the fact that the analysis of fiction seems to run into intractable difficulties has been downplayed, and the fact the analyses on offer tend to be ad hoc has been tolerated. Typical strategies include treating fictional names as abbreviations for definite descriptions, supposing that fictional names occur within the scope of tacit fictive operators of various sorts, or taking them to directly refer to non-existent objects.. (shrink)

"The desert opens up beyond the proliferation of big box chains, car dealerships, fast food joints, and the bland sprawl along California State Highway 62. Out there, where signs of familiar habitation seem to fade from view, a change occurs in the landscape: small, dusty, mostly abandoned cabins dot the arid flatland. The majority of the existing cabins, historically found throughout the larger region known as the Morongo Basin, lie east of Twentynine Palms in outlying Wonder Valley. The curious presence (...) of these structures signifies that you are entering one of the few remaining clusters of "jackrabbit" homesteads in the American West. The mostly derelict structures-many vacant, some inhabited-are the physical reminder of former occupants who were the last to form the U.S. government's Small Tract Act of 1938." "One of the many land acts designed to dispose of "useless" federal lands from the public domain, the Small Tract Act authorized citizens to lease up to five acres of desert for recreational purposes or for use as a home or business. When the applicant made the required improvements to his or her claim by constructing a small dwelling within the three-year lease, they could file for a patent-the federal government's form of a deed. This mid-century homestead movement reflects the quintessential American desire to claim territory and own a piece of land even when the property in question was deemed "worthless" from an economic and governmental perspective."--Jacket. (shrink)

Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all “contract[s] evincing a transaction involving commerce,” including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform (...) measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness in the near future more medical contracts containing arbitration provisions. As a consequence, all manner of tort claims might be hashed out in the sequestered universe of arbitration. (shrink)

No one denies the importance of applying knowledge to actions. But claiming identity (unity) of knowledge and action is quite another thing. There seem to be two problems with the claim: (1) the identity claim implies that the sole cause for one to fail to act on what one judges to be right is ignorance, but it is obviously false that the sole cause of failure in moral actions is ignorance. (2) The identity statement implies non-separation of knowledge and (...) action. But knowledge does not necessarily lead to action. However, the identity of knowledge and action is what a famous Ming Confucian scholar, W ang Yang-ming, proposed and the concept became the central doctrine of his teaching. Though there are several major interpretations of Wang’s doctrine in contemporary literature, it is not clear to me how they deal with the above mentioned difficulties. In this article, I will discuss these interpretations of the doctrine and propose a new interpretation. My purpose is to give an interpretation of Wang’s doctrine that has the capacity of dealing with these challenges to the doctrine and also captures the essence of his teaching. (shrink)

Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition to (...) our moral obligations, we also have a distinct set of epistemic obligations—and even when a false belief doesn’t harm anyone, it constitutes an epistemically bad outcome. Moreover, Mill was profoundly mistaken about human psychology: human beings are vulnerable to the influence of a wide variety of false claims via a wide variety of psychological mechanisms. Consequently, there is a purely epistemic justification for restricting the distribution of misinformation: because each of us has an individual epistemic obligation to avoid unnecessary exposure to misinformation, and because avoiding such exposure is simply too difficult when acting alone, we all have a shared epistemic obligation to establish laws or regulations restricting the widespread distribution of misinformation. (shrink)

Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. The activities addressed by the anti-fraud laws – such as payment for referrals and submission of false claims – not only have a direct impact on the financial viability of the federal health care programs, but go to the heart of the ethical behaviors expected of those who transact business with the government. The severe consequences of (...) violating these proscriptions include significant monetary penalties, ineligibility to participate in the federal health care programs, and even imprisonment. It is no wonder, then, that compliance with the fraud and abuse laws is a key consideration in any health care venture. At the same time, ethical considerations make this area of health law particularly vexing for counsel, raising numerous challenges that include how to balance the strategic goals of current clients against the interests of future clients and whether to advise clients to self-report potential violations even when illegal intent may not easily be shown. (shrink)

In this impressive first book, Clark explores the extraordinary history of the Destruction of Troy by Dares the Phrygian. Dares's account of the fall of Troy is a short, Latin prose narrative that claims to be an eyewitness account of the Trojan War, translated from the Phrygian by Cornelius Nepos, the Roman historian, and sent to Sallust, another, even more famous Roman historian. Dares's text came to light as late antiquity turned into the medieval era, and Dares was promptly (...) hailed as “the first pagan historian”—a predecessor of Homer—by Isidore of Seville. Throughout the medieval period, a series of scholars were transfixed by Dares. His text was taken as the earliest and thus most reliable source for the world-changing event of the Trojan War—which led to the foundation of Rome and the shape of the West. It was exciting not just for its antiquity but also for its polemical revision of the standard received story. Not only did its prefatory letter claim—with a nicely rationalizing rhetoric—that even the Athenians declared Homer was “insane” for imagining that gods and humans might meet on the battlefield, but also, even more alluringly, Dares stated that Aeneas, the pious hero of Virgil's Aeneid, was a traitor who had sold out Troy to the Greeks: he escaped the sack to found Rome because he had opened the doors of the city to its enemies. The pious Aeneas, exemplary hero, committed the deeply impious act of treachery to his own fatherland. Dares provided a moral rejoinder to later Roman political propaganda and provoked a set of intense debates about the past, its value, and its truth.Early modern humanists were more suspicious. The great scholars Scaliger and Vossius in particular turned their philological fervor against what they saw as an obvious forgery—but even then, not everyone was persuaded. The celebrated Bodin, most surprisingly, still thought Dares represented historical truth. Clark carefully shows how oversimplified the common story of the triumph of humanist learning is. It took a lot of work and much forgetting as well as persuasion for Dares to lose his position. It was indeed only in the Enlightenment that Dares finally passed into the half-light of insignificance reserved for forgeries. One strength of Clark's book is his insistence on trying to discover with generosity and understanding how apparently baffling opinions could be held and argued for—how, that is, the past is a foreign country even and especially where such apparently basic ideas as historical truth are at stake (a topic not without relevance in modern politics).Clark examines in considerable detail across several centuries how Dares was read and mobilized. It is especially satisfying to have a work of reception history that stretches across the modern historiographical divides (of the late antique, medieval, early modern, and Enlightenment periods) and sees how complex the lines of continuity and change are. The naive prose of Dares, in Clark's sophisticated analysis, raises profound questions of what antiquity is and why it matters; how authenticity and authorship are constructed differently across this time period; what the relations are between fiction, truth, and exemplarity (both in theory and in practice); and how texts shift in status and attribution. Dares indeed, as Clark puts it well, “test[s] the meaning and boundaries of antiquity itself.” The range of material is stunning: not only in terms of who read and used Dares but also in terms of the other texts that were read and transformed alongside his. It is remarkable, for example, to see how Joseph of Exeter's medieval hexameters were attributed to Dares (and then reattributed), or how Dares became silently incorporated into a work of Jerome. Despite this richness, I would have liked to see more pages on the relation between pagan and Christian historiography. How does Dares's believed (but false) claim to be an eyewitness relate to Christian claims to witness events (martyr means [eye-]witness)? Philology and its attack on authenticity were key to the battles of the Reformation. Clark could also have spent more time exploring what difference the rediscovery of the Greek text of Homer made to the story of Dares's reception. Homer's rise in the West is part of Dares's fall. In its detail, however, and its range of questions and scope of material, The First Pagan Historian is an exemplary work of reception history. (shrink)

It is often claimed that the autonomy of heroin addicts is compromised when they are choosing between taking their drug of addiction and abstaining. This is the basis of claims that they are incompetent to give consent to be prescribed heroin. We reject these claims on a number of empirical and theoretical grounds. First we argue that addicts are likely to be sober, and thus capable of rational thought, when approaching researchers to participate in research. We reject behavioural (...) evidence purported to establish that addicts lack autonomy. We present an argument that extrinsic forces must be irresistible in order to make a choice non-autonomous. We argue that heroin does not present such an irresistible force. We make a case that drug-oriented desires are strong regular appetitive desires, which do not compromise consent. Finally we argue that an addict’s apparent desire to engage in a harmful act cannot be construed as evidence of irrational or compulsive thought. On these arguments, a sober heroin addict must be considered competent, autonomous and capable of giving consent. More generally, any argument against legalisation of drugs or supporting infringement of the liberty of those desiring to take drugs of addiction must be based on considerations of harm and paternalism, and not on false claims that addicts lack freedom of the will. (shrink)

This article suggests that the best available normative framework for guiding conduct in war rests on categories that do not echo the terms of an individual rights-based morality, but acknowledge the impossibility of rendering warfare fully morally justified. Avoiding the undue moralization of conduct in war is an imperative for a normative framework that strives to actually give behavioral guidance to combatants, most of whom will inevitably be ignorant of the moral status of the individuals they encounter on the battlefield (...) and will often be uncertain or mistaken about the justice of their own cause. We identify the requirement of military necessity, applied on the basis of what we refer to as the “St. Petersburg assumption”, as the main principle according to which a combatant should act, regardless of which side or in which battlefield encounter she finds herself. This pragmatic normative framework enjoys moral traction for three reasons: first, in the circumstances of war it protects human life to a certain extent; second, it makes no false claims about the moral justification of individual conduct in combat operations; and, third, it fulfills morally important functions of law. However, the criterion of military necessity interpreted on the basis of the St. Petersburg assumption does not directly replicate fundamental moral prescriptions about the preservation of individual rights. (shrink)

The target article by Ceci et al. provides some interesting results regarding how faculty might react to difficult social dilemmas, but it has little to say about tenure and its effect upon academic freedom. This comment discusses briefly what we know about tenure, and employment protection more generally, and why it may be in a university's best interest to hire tenured faculty. The comment concludes by pointing out that the results make a rather useful contribution regarding the difficulty of eliciting (...) information on malfeasance in organizations, an area of enormous importance. For example, the results may help us understand why the government has introduced rewards for the reporting of fraud under the whistle-blowing provisions of the Federal Claims Act. (Published Online February 8 2007). (shrink)

Tolerance, equality, and universal love are all strategies that veil the reality of the relationship between the Self and the Other. Whether in the writings of Slavoj Žižek, Arthur Miller, or Jacques Lacan, the definition of "reality", as they explain, is something hidden with all sorts of false claims about the "real". The real is ugly, and reality is just an illusion that conceals the ugly truth. Each of these writers establishes that the self is living in an (...) illusion that does not transcend the nature of itself in order to find out that the ugliness of what is really there. To Žižek, the concept of the "real" Other includes all his/her traumatic vulnerability, weakness, and imperfection. He argues in "Love Thy Neighbor, No Thanks!" that the access to the Real is possible, but threatening. By answering the question of "Who is the neighbor", Žižek refers to Lacan by stating that "the neighbor is the real". Loving the Other or the "neighbor", thus, is an experience of aggression and trauma. With the same line of thought, Arthur Miller deals with the paradox of the real in Death of a Salesman by portraying the life of Willy as having an illusion of himself as a successful business man that everybody respects but he's actually not that successful. Understanding Willy's background and life portrays the truth of what is the "real", for the reader understands that Willy is not what he claims to be. His "real" life is ugly, and he's just hallucinating that he's successful. This paper suggests that the concept of reality and illusion in the texts are explained by the use of dialogue which gave the characters a distinctive voice that acted as a persuasive force. I will explore how conversation is used effectively by the main characters in Death of a Salesman to suggest that the "real" is the "ugly". Also, I will illustrate the concept of reality vs. illusion in Death of a Salesman by drawing on Slavoj Žižek's "Love Thy Neighbor, No Thanks!" where he explains the "real" through the use of several examples. My aim is to acknowledge the persuasive force that lies behind the conversations illustrated by both authors in their texts, and to examine how this force is powerfully used in order to convince the reader of the reality of an object. This persuasive force was used as a key to communicate knowledge of certain concepts through certain techniques the authors used in their texts, which had an impact on the different definitions and notions. (shrink)

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. (...) We review each of these claims and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

Ellen Feder's monograph is an attempt to think about the categories of race and gender together. She explains and then employs some critical tools derived from Foucault, in order to advance her main argument: that the institution of the family is the locus of the production of gender and race, and that gender is best understood as a function of a "disciplinary" power that operates within the family, while race is the function of a "regulatory" power acting upon the family (...) from outside. Her interdisciplinary work will be of interest to feminist philosophers and theorists because it plays into a recent expansion of interest in the family, as well as to literary scholars of Foucault, to scholars of race and race theory, and to other feminist scholars in political science, sociology, anthropology, and cultural studies. (shrink)

Does life have meaning? What is flourishing? How do we attain the good life? Philosophers, and many others of us, have explored these questions for centuries. As Eva Feder Kittay points out, however, there is a flaw in the essential premise of these questions: they seem oblivious to the very nature of the ways in which humans live, omitting a world of co-dependency, and of the fact that we live in and through our bodies, whether they are fully abled or (...) disabled. Our dependent, vulnerable, messy, changeable, and embodied experience colors everything about our lives both on the surface and when it comes to deeper concepts, but we tend to leave aside the body for the mind when it comes to philosophical matters. Disability offers a powerful challenge to long-held philosophical views about the nature of the good life, what provides meaning in our lives, and the centrality of reason, as well as questions of justice, dignity, and personhood. These concepts need not be distant and idealized; the answers are right before us, in the way humans interact with one another, care for one another, and need one another--whether they possess full mental capacities or have cognitive limitations. We need to revise our concepts of things like dignity and personhood in light of this important correction, Kittay argues. This is the first of two books in which Kittay will grapple with just how we need to revisit core philosophical ideas in light of disabled people's experience and way of being in the world. Kittay, an award-winning philosopher who is also the mother to a multiply-disabled daughter, interweaves the personal voice with the philosophical as a critical method of philosophical investigation. Here, she addresses why cognitive disability can reorient us to what truly matters, and questions the centrality of normalcy as part of a good life. With profound sensitivity and insight, Kittay examines other difficult topics: How can we look at the ethical questions regarding prenatal testing in light of a new appreciation of the personhood of disabled people? What do new possibilities in genetic testing imply for understanding disability, the family, and bioethics? How can we reconsider the importance of care, and how does it work best? In the process of pursuing these questions, Kittay articulates an ethic of care, which is the ethical theory most useful for claiming full rights for disabled people and providing the opportunities for everyone to live joyful and fulfilling lives. She applies the lessons of care to the controversial alteration of severely cognitively disabled children known as the Ashley Treatment, whereby a child's growth is halted with extensive estrogen treatment and related bodily interventions are justified. This book both imparts lessons that advocate on behalf of those with significant disabilities, and constructs a moral theory grounded on our ability to give, receive, and share care and love. Above all, it aims to adjust social attitudes and misconceptions about life with disability. (shrink)

Long claimed to be the dominant conception of practical reason, the Humean theory that reasons for action are instrumental, or explained by desires, is the basis for a range of worries about the objective prescriptivity of morality. As a result, it has come under intense attack in recent decades. A wide variety of arguments have been advanced which purport to show that it is false, or surprisingly, even that it is incoherent. Slaves of the Passions aims to set the (...) record straight, by advancing a version of the Humean theory of reasons which withstands this sophisticated array of objections. Schroeder defends a radical new view which, if correct, means that the commitments of the Humean theory have been widely misunderstood. Along the way, he raises and addresses questions about the fundamental structure of reasons, the nature of normative explanations, the aims of and challenges facing reductive views in metaethics, the weight of reasons, the nature of desire, moral epistemology, and most importantly, the relationship between agent-relational and agent-neutral reasons for action. (shrink)

Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.

As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment’s protection for commercial speech and previous gutting of the Federal Trade Commission’s authority pose barriers to restricting food marketing to children. However, false, unfair, and deceptive acts and practices remain subject to regulation and provide an avenue to address marketing to young children, modern practices that have evaded regulation, and gaps in the food (...) and beverage industry’s self-regulatory approach. (shrink)

Federal discrimination laws have defined two distinct types of activity that constitute sexual harassment – "hostile environment" and "quid pro quo." The Civil Rights Act of 1991 and more recent Supreme Court rulings make it easier for workers to win lawsuits claiming they were sexually harassed in the work environment.While the public accounting profession continues to address gender-related problems, it remains vulnerable to claims of sexual harassment. In an attempt to better understand the underlying risk the public accounting (...) profession faces, this study focuses on identifying (1) the extent of sexual harassment in the public accounting profession, (2) the type of harassing behavior that is most common, and (3) where the harassment occurs. (shrink)

Suppose you believe you’re morally required to φ‎ but that it’s not a big deal; and yet you think it might be deeply morally wrong to φ‎. You are in a state of moral uncertainty, holding high credence in one moral view of your situation, while having a small credence in a radically opposing moral view. A natural thought is that in such a case you should not φ‎, because φ‎ing would be too morally risky. The author argues that this (...) natural thought is misguided. If φ‎ing is in fact morally required, then you should φ‎, and this is so even taking into account your moral uncertainty. The author argues that if the natural thought were correct, then being caught in the grip of a false moral view would be exculpatory: people who do morally wrong things thinking they are acting morally rightly would be blameless. But being caught in the grip of a false moral view is not exculpatory. So the natural thought is false. The author develops the claim that you should act as morality actually requires as a candidate answer to the question “how should one act in the face of moral uncertainty?” This answer has been dismissed in discussion up to this point. The author argues that not only is this answer a serious contender; it is the correct answer. (shrink)