Owners of businesses represent an interesting case in the study of the intersection of personal and corporate philanthropic values. Because individuals who own businesses have the means and the ability to act on philanthropic motivations through the medium of their businesses, it is interesting to explore the extent to which their corporate contributions to nonprofits are philanthropic in nature or instrumentally motivated, as in the instance of cause related marketing. The trade-offs between cause related marketing and corporate support of (...) nonprofits are complex. Although larger firms are increasing their investments in cause related marketing, the extent of and motivations for adoption of cause related marketing among privately held businesses is less well understood. This study of 478 businesses which are supporters of arts organizations shows that privately held businesses of medium size (300 to 500 employees) are participating in cause related marketing to a significant degree. The adoption rate of cause related marketing is about 40%, and the primary benefits sought are company image enhancement and product marketing support. Adoption of cause related marketing among privately held and smaller enterprises will grow as CEOs exhibit satisfaction with the results of their program, intend to engage in positive word of mouth about it, and plan to allocate more resources to it. (shrink)

There has been relatively little empirical research into the causes of research misconduct. To begin to address this void, the authors collected data from closed case files of the Office of Research Integrity (ORI). These data were in the form of statements extracted from ORI file documents including transcripts, investigative reports, witness statements, and correspondence. Researchers assigned these statements to 44 different concepts. These concepts were then analyzed using multidimensional scaling and cluster analysis. The authors chose a solution (...) consisting of seven clusters: (1) personal and professional stressors, (2) organizational climate, (3) job insecurities, (4) rationalizations A, (5) personal inhibitions, (6) rationalizations B and, (7) personality factors. The authors discuss the implications of their findings for policy and for future research. (shrink)

The online version of the original article can be found under doi:10.1007/s11948-007-9045-2.

This book is a sequel to Recanati’s Mental Files (OUP 2012), and pursues the exploration of the mental file framework for thinking about concepts and singular reference. Mental files are based on 'epistemically rewarding' relations to objects in the environment. Standing in such relations to objects puts the subject in a position to gain information regarding them—information which goes into the file based on the relevant relation. Files do not merely store information about objects, however. They refer (...) to them and serve as singular terms in the language of thought, with a relational (nondescriptivist) semantics. Crucially, files also play the role of ‘modes of presentation’. They are used to account for cognitive significance phenomena illustrated by so-called ‘Frege cases’. This book considers what happens to mental files in a dynamic setting. Mental files are construed as both continuants (dynamic files) and as time-slices thereof (static files). Dynamic files are needed to account for confusion, recognition and tracking. The book considers what happens to the relation of coreference de jure, central to the functional characterization of files, when one adopts a dynamic perspective. Only a weak form of coreference de jure is said to hold between stages of the same dynamic file. The second part of the book argues that communication involves interpersonal dynamic files. Special attention is paid to the communication of indexical thoughts (de se contents), and to communication using proper names. (shrink)

Francois Recanati’s Mental Files presents a picture of the mind on which mental representations are indexical and transparent. I dispute this picture: there is no clear case for regarding mental representations as indexical, and there are counterexamples to transparency.

Among other virtues, Mental Files Theory provides a straightforward explanation of de jure coreference, i.e. identity of referent guaranteed by meaning alone: de jure coreference holds between terms when these are associated with the same mental file from which they inherit their reference. In this paper, I discuss an objection that Angel Pinillos raises against Mental Files Theory and other similar theories: the theory predicts that de jure coreference should be transitive, just like identity. Yet there are cases, (...) involving ‘slash-terms’, in which transitivity fails, or so it seems. In his book Mental Files, Recanati replies that the mental files theorist can accommodate Pinillos’ exceptions by offering a refined model of merging files, the ‘partial merging’ model. While agreeing with Recanati on the need for such a model, I contend that, pace Recanati and Pinillos, de jure coreference is transitive even in the presence of slash-terms. I will first show that paradoxical consequences ensue if slash-terms are said to de jure corefer with several basic terms at once. Then, building on two different accounts Recanati gives of referential confusion, I will show that on both views, de jure coreference cannot hold because of the behaviour of confused slash-terms. I will conclude that, in Mental Files Theory, a slash-term can, at most, de jure corefer with only one basic term per context. (shrink)

A wealth of cases – most notably blindsight and priming under inattention or suppression – have convinced philosophers and scientists alike that perception occurs outside awareness. In recent work (Phillips 2016a, 2018; Phillips and Block 2017, Peters et al. 2017), I dispute this consensus, arguing that any putative case of unconscious perception faces a dilemma. The dilemma divides over how absence of awareness is established. If subjective reports are used, we face the problem of the criterion: the concern that (...) such reports underestimate conscious experience (Eriksen 1960, Holender 1986, Peters and Lau 2015). If objective measures are used, we face the problem of attribution: the concern that the case does not involve genuine individual-level perception. Quilty-Dunn (2019) presents an apparently compelling example of unconscious perception due to Mitroff et al. (2005) which, he contends, evades this dilemma. The case is fascinating. However, as I here argue, it does not escape the dilemma’s clutches. (shrink)

Object files (OFs) are hypothesized mid-level representations which mediate our conscious perception of persisting objects—e.g. telling us ‘which went where’. Despite the appeal of the OF framework, not previous research has directly explored whether OFs do indeed correspond to conscious percepts. Here we present at least one case wherein conscious percepts of ‘which went where’ in dynamic ambiguous displays diverge from the analogous correspondence computed by the OF system. Observers viewed a ‘bouncing/streaming’ display in which two identical objects (...) moved such that they could have either bounced off or streamed past each other. We measured two dependent variables: (1) an explicit report of perceived bouncing or streaming; and (2) an implicit ‘object-specific preview benefit’ (OSPB), wherein a ‘preview’ of information on a specific object speeds the recognition of that information at a later point when it appears again on the same object (compared to when it reappears on a different object), beyond display-wide priming. When the displays were manipulated such that observers had a strong bias to perceive streaming (on over 95% of the trials), there was nevertheless a strong OSPB in the opposite direction—such that the object files appeared to have ‘bounced’ even though the percept ‘streamed’. Given that OSPBs have been taken as a hallmark of the operation of object files, the five experiments reported here suggest that in at least some specialized (and perhaps ecologically invalid) cases, conscious percepts of ‘which went where’ in dynamic ambiguous displays can diverge from the mapping computed by the object-file system. (shrink)

Recanati’s (2007, 2009) argues for a Lewisian subjectless view of the content of “implicit” de se thought, on the basis that we can thus better explain the phenomenon of immunity to error through misidentification. The paper argues that this is not the case, and suggests that such a view is in tension with Recanati’s mental files approach to de re thought in general and the SELF concept in particular.

I suggest that we can think of delusional misidentification in terms of systematic errors in the management of mental files. I begin by sketching the orthodox “bottom-up” aetiology of delusional misidentification. I suggest that the orthodox aetiology can be given a descriptivist or a singularist interpretation. I present three cases that a descriptivist interpretation needs to account for. I then introduce a singularist approach, one that is based on mental files, and show how it opens the way for (...) different and potentially more plausible accounts of these three cases. I reflect on how this mental files approach can be viewed either as a supplement to the orthodox aetiology, or as suggesting an altogether different aetiology. I end by addressing a concern surrounding the explanatory power of mental files. (shrink)

This essay expands upon an earlier work in which we analyzed the implications of the Verizon v RIAA case for P2P Networks vis-à-vis concerns affecting personal privacy and intellectual property. In the present essay we revisit some of the concerns surrounding this case by analyzing the intellectual property and privacy issues that emerged in the MGM Studios v. Grokster case. These two cases illustrate some of the key tensions that exist between privacy and property interests in cyberspace. (...) In our analysis, we contrast Digital Rights Management and Interoperability and we examine some newer distribution models of sharing over P2P networks. We also analyze some privacy implications in the two cases in light of the theory of privacy as contextual integrity. (shrink)

Gaston Franssen’s essay touches on important medical and literary topics: the experience of patients with unexplained somatic complaints, the importance of giving their symptoms a name or diagnosis, the verbal representation of what bothers them, or the uncertainty all parties have to live with when an underlying cause of the symptoms is missing. A diagnosis or name such as chronic fatigue syndrome can be a relief for its sufferers, as is expressed by one of the patients in the article: “I (...) wept with relief at having a name for it.” Yet CFS is but a name for something that, medically speaking, has no substance except for the patients” complaints. CFS shares this lack of objective physical signs with other... (shrink)

PurposeThe paper suggests overcoming the polarization of today's debate on peer‐to‐peer systems by defining a fair balance between the principle of precaution and the principle of openness. Threats arising from these file sharing applications‐systems should not be a pretext to limit freedom of research, speech or the right “freely to participate in the cultural life of the community”, as granted by the Universal Declaration of Human Rights from 1948. The paper aims to take sides in today's debate.Design/methodology/approachThe paper adopts an (...) interdisciplinary approach, including network theory, law and ethics. The method draws on both theoretical and empirical material so as to stress the paradox of the principle of precaution applied to P2P systems and why the burden of proof should fall on the party proposing that one refrain from action.FindingsCensors and opponents of P2P systems who propose to apply the principle of precaution to this case deny the premise upon which that principle rests. “Levels of evidence” required by the precautionary principle show that – in many cases in which the outcomes of technology are ignored – another principle is needed for orienting action, namely, the principle of openness.Social implicationsAlarm about how P2P systems undermine crucial elements of the societies often led to the ban of this technology. The paper illustrates why it should not be the case: rather than shutting these networks down, they should be further developed.Originality/valueThe paper provides the comprehensive picture of a far too often fragmented debate. (shrink)

Assessment, new techno-scientific muse, which pilots the structural system reform and the style of management in schools today with hope of a greater efficiency, withdraws humanity to pedagogical practices and develop a anxiety’s climate, not conducive to learning. This impasse of desire, by a « case-file child » logic, threatens the very symbolic structures and the construction of thought. This perverse cycle uncovers the obscure side to good intentions, echoing the historical past of the Occident.

Malpractice issues in psychotherapy and psychological treatments refer to the unethical behavior of a psychologist or psychotherapist toward the patient. The current study reviewed complaints directed at psychologists and psychotherapists in Sweden with regard to possible incidents of malpractice. Eligible cases were retrieved from a database managed by the Health and Social Care Inspectorate [Inspektionen för vård och omsorg (IVO)], an administrative authority responsible for the safety and quality of healthcare and social services delivery. These cases were analyzed using thematic (...) analysis. In total, 33 complaints matched the keywords proposed by IVO, and were scrutinized in detail. The cases primarily involved psychiatric care by a psychologist in outpatient settings, although many cases comprised multiple healthcare providers responsible for the patient’s care, or targeted the healthcare unit as a whole. The results demonstrated that different forms of malpractice occur, and can be classified in two general themes, Incorrect administration and implementation and Attitude and behavior, which involve organizational aspects as well as examples of malpractice and unethical behavior. Implications for clinical practice and future research include further training in ethics and malpractice, video recording or auditing sessions, routine outcome monitoring, and providing patients with information on how to file complaints. (shrink)

This article argues that the mid-1960s saw a dramatic shift in how ‘brainwashing’ was popularly imagined, reflecting Anglo-American developments in the sciences of mind as well as shifts in mass media culture. The 1965 British film The Ipcress File provides a rich case for exploring these interconnections between mind control, mind science and media, as it exemplifies the era’s innovations for depicting ‘brainwashing’ on screen: the film’s protagonist is subjected to flashing lights and electronic music, pulsating to the ‘rhythm (...) of brainwaves’. This article describes the making of The Ipcress File’s brainwashing sequence and shows how its quest for cinematic spectacle drew on developments in cybernetic science, multimedia design and modernist architecture. I argue that often interposed between the disparate endeavours of 1960s mind control, psychological science and media was a vision of the human mind as a ‘cybernetic spectator’: a subject who scrutinizes how media and other demands on her sensory perception can affect consciousness, and seeks to consciously participate in this mental conditioning and guide its effects. (shrink)

Purpose – The purpose of this paper is to develop a novel approach for the ethical analysis of data collected from an online file-sharing site known as The PirateBay. Since the creation of Napster back in the late 1990s for the sharing and distribution of MP3 files across the Internet, the entertainment industry has struggled to deal with the regulation of information sharing at large. Added to the ethical questions of censorship and distributive justice are questions related to the (...) use of data collected from such file-sharing sites for research purposes. Design/methodology/approach – The approach is based on previous work analysing the use of data from online social networking sites and involves value analysis of the collection of data throughout the data’s various life cycles. Findings – This paper highlights the difficulties faced when attempting to apply a deontological or utilitarian approach to cases like the one used here. With this in mind, the authors point to a virtue ethics approach as a way to address ethical issues related to data sharing in the face of ever-changing data gathering and sharing practices. Practical implications – This work is intended to provide a concrete approach for ethical data sharing practices in the domain of Internet security research. Originality/value – The approach presented in this paper is a novel approach combining the insights from: the embedded values concept, value-sensitive design and the approach of the embedded ethicist. (shrink)

In the past the law relating to involuntary manslaughter has been the subject of much criticism and controversy, though surprisingly it has received comparatively little attention during the recent review of the homicide law by the Law Commission and the Ministry of Justice. As far as the authors are aware, there has hitherto been no objective empirical research into cases of involuntary manslaughter in England and Wales. Based on data collected from case files maintained by HM Court Service (...) and the Crown Prosecution Service, this article provides a brief analysis of a sample of 127 recent cases. As well as the usual criminological analysis (of offender and offence characteristics), the article focuses on the variations in offenders’ moral culpability for causing death; the relationship between murder and manslaughter (especially those manslaughters at the ‘upper end’ of the seriousness scale); the categorization of different species of involuntary manslaughter, and the sentencing of convicted manslayers. (shrink)

Ten years after the enactment of the Biologics Price Competition and Innovation Act, competition in biologics markets remains scant and far from sufficient for lowering prices of biologics to the level of 80-90% price drops seen in generic drug markets. This reality is not a result of one or two cardinal reasons, but many. If lowering the price of biologics is the goal and competition is the means by which we seek to achieve that goal, then there does not seem (...) to be a quick fix to address all of the many impediments to competition that plague biologics markets. Yet, certain changes to how the Food and Drug Administration evaluates and approves biologics may go a long way toward the creation of meaningful competition in biologics markets. One such change would be making original biologics' manufacturing information available to follow-on manufacturers.As recognized by several commentators, access to biologics manufacturing information is key to increasing competition in biologics markets. Without access to such information, making follow-on biologics is difficult and expensive, if not outright impossible. This is expected to be especially true for the highly anticipated class of interchangeable biologics, none of which has been approved by the FDA to date. Yet, it has long been the position of the brand-name pharmaceutical industry that biologics manufacturing information is proprietary and, thus, may not be shared. Congress has subscribed to the Industry's position, prohibiting the FDA from disclosing regulatory filings submitted by developers of original biologics, including manufacturing information, to third parties. That prohibition not only undermines competition in biologics markets, but is also wasteful, potentially unethical, and poses unnecessary risks to the health and safety of patients.This article makes the case for FDA sharing of original biologics manufacturing information with follow-on biologics developers. It is informed by the similar legal and commercial circumstances in the area of pesticides and the regulatory regime established by Congress in the Federal Insecticide, Fungicide and Rodenticide Act, which is administered by the Environmental Protection Agency. The article reviews the FIFRA regime, including its upholding as constitutional by the United States Supreme Court, and then examines its applicability to the area of biologics. The article concludes with a proposal for a similar regime to be incorporated into the pathway for approval of follow-on biologics as a means of increasing competition in biologics markets. (shrink)

This paper examines medical scientists’ accounts of their rediscoveries and reassessments of old materials. It looks at how historical patient files and brain samples of the first cases of Alzheimer’s disease became reused as scientific objects of inquiry in the 1990s, when a genetic neuropathologist from Munich and a psychiatrist from Frankfurt lead searches for left-overs of Alzheimer’s ‘founder cases’ from the 1900s. How and why did these researchers use historical methods, materials and narratives, and why did the biomedical (...) community cherish their findings as valuable scientific facts about Alzheimer’s disease? The paper approaches these questions by analysing how researchers conceptualised ‘history’ while backtracking and reassessing clinical and histological materials from the past. It elucidates six ways of conceptualising history as a biomedical matter: (1) scientific assessments of the past, i.e. natural scientific understandings of ‘historical facts’; (2) history in biomedicine, e.g. uses of old histological collections in present day brain banks; (3) provenance research, e.g. applying historical methods to ensure the authenticity of brain samples; (4) technical biomedical history, e.g. reproducing original staining techniques to identify how old histological slides were made; (5) founding traditions, i.e. references to historical objects and persons within founding stories of scientific communities; and (6) priority debates, e.g. evaluating the role particular persons played in the discovery of a disease such as Alzheimer’s. Against this background, the paper concludes with how the various ways of using and understanding ‘history’ were put forward to re-present historic cases as ‘proto-types’ for studying Alzheimer’s disease in the present. (shrink)

Warning behaviour prior to an act of severe targeted school violence was often not recognized by peers and school staff. With regard to preventive efforts, we attempted to identify barriers to information exchange in German schools, and understand mechanisms that influenced the recognition, evaluation, and reporting of warning behaviour through a teacher or peer. Our analysis is based on inquiry files from eleven cases of German school shootings that were obtained during the three-year research project “Incident and case (...) analysis of highly expressive targeted violence (TARGET)". We conducted a qualitative retrospective case study to analyze witness reports from school staff and peers. Our results point to subjective explanations used by teachers and peers towards conspicuous behaviour (e.g., situational framing, typical adolescent behaviour), as well as reassuring factors that indicated harmlessness (e.g., no access to a weapon). Additionally, we found organizational barriers similar to those described in US-American case studies (e.g., organizational deviance). (shrink)

We are reporting on how involved the mentor was in promoting responsible research in cases of research misconduct. We reviewed the USPHS misconduct files of the Office of Research Integrity. These files are created by Institutions who prosecute a case of possible research misconduct; ORI has oversight review of these investigations. We explored the role of the mentor in the cases of trainee research misconduct on three specific behaviors that we believe mentors should perform with their trainee: (...) (1) review source data, (2) teach specific research standards and (3) minimize stressful work situations. We found that almost three quarters of the mentors had not reviewed the source data and two thirds had not set standards. These two behaviors are positively correlated. We did not see convincing evidence in the records that mentors were causing stress, but it was apparent in the convicted trainees’ confessions that over 50% experienced some kind of stress. Secondary data, while not created for this research purpose, allows us to look at concrete research behaviors that are otherwise not very researchable. We believe it is important for mentors and institutions to devote more attention to teaching mentors about the process of education and their responsibilities in educating the next generation of scientists. This becomes a critical issue for large research groups who need to determine who is in charge educating, supervising and assuring data integrity. (shrink)

Do-not-resuscitate (DNR) orders are typically signed by physicians in conjunction with patients or their surrogate decision makers in order to instruct healthcare providers not to perform cardiopulmonary resuscitation (CPR). Both the medical literature and CPR guidelines fail to address when it is appropriate for physicians to sign DNR orders without any knowledge of a patient’s wishes. We explore the ethical issues surrounding instituting a twophysician DNR for a dying patient with multiple comorbidities and no medical record on file, no advance (...) directives, and no surrogate decision maker. Through this case we also highlight the issues of poor prognostication and the reversal of a DNR in such circumstances. (shrink)

This paper presents a formal reconstruction of a Dutch civil legal case in Prakken’s formal model of adjudication dialogues. The object of formalisation is the argumentative speech acts exchanged during the dispute by the adversaries and the judge. The goal of this formalisation is twofold: to test whether AI & law models of legal dialogues in general, and Prakken’s model in particular, are suitable for modelling particular legal procedures; and to learn about the process of formalising an actual legal (...) dispute. (shrink)

Multiple-vote majority rule is a procedure for making group decisions in which individuals weight their votes on issues in accordance with how competent they are on them. When individuals are motivated by the truth and know their relative competence on different issues, multiple-vote majority rule performs nearly as well, epistemically speaking, as rule by an expert oligarchy, but is still acceptable from the point of view of equal participation in the political process.Send article to KindleTo send this article to your (...) Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.A CASE FOR MULTIPLE-VOTE MAJORITY RULEVolume 9, Issue 1Richard Bradley and Christopher ThompsonDOI: https://doi.org/10.1017/epi.2011.5Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. A CASE FOR MULTIPLE-VOTE MAJORITY RULEVolume 9, Issue 1Richard Bradley and Christopher ThompsonDOI: https://doi.org/10.1017/epi.2011.5Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. A CASE FOR MULTIPLE-VOTE MAJORITY RULEVolume 9, Issue 1Richard Bradley and Christopher ThompsonDOI: https://doi.org/10.1017/epi.2011.5Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Is it ethical to treat a death row inmate only to stabilize him or her for eventual execution? What happens when a military provider receives highly sensitive intelligence from a client? How can clinicians refuse costly gifts from clients without damaging the therapeutic relationship? Should a therapist disclose a client's suicidal intent to the authorities? In Ethical Conundrums, Quandaries and Predicaments in Mental Health Practice, these and other real-life scenarios constitute a comprehensive and definitive ethics casebook for mental health professionals. (...) Inspired by the many difficult situations they themselves have faced, an eminent group of accomplished mental health clinicians provide first-hand accounts of ethical problems that defy boilerplate solutions. Each chapter begins with a compelling and ethically complex case followed by an illustrative yet succinct analysis of the key ethical issues present and a personal reflection on the case itself, along with the process of ethical reasoning used to arrive at a final decision. Every case concludes with key recommendations for promoting ethical practice within an often challenging work setting. Highlighting the human aspect of ethics in mental health practice through the use of mesmerizing narratives while also provoking the reader to reflect upon what is the "right" thing to do, Ethical Conundrums, Quandaries and Predicaments in Mental Health Practice offers trainees and seasoned professionals alike invaluable informative models for dealing with ethical dilemmas, as well as the inspiration to confront seemingly insurmountable clinical problems. (shrink)

In this paper I will address some theories of Roman Ingarden and Walter Benjamin in the light of the new reproductive technologies for streaming music. As to Ingarden's theory I argue that, in the case I am bringing into investigation, streaming music experience can bring new light on the problem of the identity of the musical work by creating a continuum in a sequence of performances, and such continuum may account for a sort of ‘fluid’ cross-identity of the music (...) piece variously performed. I also argue that the lack of ‘aura’, in this case, does not devalue the music piece and nevertheless allows for a notable aesthetic fruition. (shrink)

In 2004, the Havasupai Tribe filed a lawsuit against the Arizona Board of Regents and Arizona State University researchers upon discovering their DNA samples, initially collected for genetic studies on type 2 diabetes, had been used in several other genetic studies. The lawsuit reached a settlement in April 2010 that included monetary compensation and return of DNA samples to the Havasupai but left no legal precedent for researchers. Through semistructured interviews, institutional review board chairs and human genetics researchers at US (...) research institutions revealed their perspectives on the Havasupai lawsuit. For interviewees, the suit drew attention to indigenous concerns over genetic studies and increased their awareness of indigenous views. However, interviewees perceived no direct impact from the Havasupai case on their work; if they did, it was the perceived need to safeguard themselves by obtaining broad consent or shying away from research with indigenous communities altogether, raising important questions of justice for indigenous and minority participants. If researchers and IRBs do not change their practices in light of this case, these populations will likely continue to be excluded from a majority of research studies and left with less access to resources and potential benefit from genetic research participation. (shrink)

We investigate the entrepreneurial opportunities and ethical dilemmas presented by technological turbulence. More specifically we investigate the line between Baumol’s [J. Polit. Econ. 98 (1990) 893] productive (e.g. innovation), unproductive (e.g. rent seeking) and destructive (e.g. criminal) entrepreneurship through three examples of Internet innovation – spam (destructive), music file sharing (unproductive), and Internet pharmacies (potentially productive). The emergence of accessible Internet technologies, under present norms, has created the potential for all three entrepreneurial activities. Because of the propensity for self-serving biases (...) and for bending the rules, the need for creativity in overcoming obstacles and overall liabilities of newness, entrepreneurs are likely to challenge established industrial morals and laws. Unlike new entrants, incumbents must abide by the currently accepted norms, and thus suffer from “liabilities of oldness”. The challenge for new entrants is to change sociopolitical legitimacy, whereas incumbents need to defend the established norms. We discuss competitive and other issues that result from technological turbulence and innovation. (shrink)

This paper examines medical scientists’ accounts of their rediscoveries and reassessments of old materials. It looks at how historical patient files and brain samples of the first cases of Alzheimer’s disease became reused as scientific objects of inquiry in the 1990s, when a genetic neuropathologist from Munich and a psychiatrist from Frankfurt lead searches for left-overs of Alzheimer’s ‘founder cases’ from the 1900s. How and why did these researchers use historical methods, materials and narratives, and why did the biomedical (...) community cherish their findings as valuable scientific facts about Alzheimer’s disease? The paper approaches these questions by analysing how researchers conceptualised ‘history’ while backtracking and reassessing clinical and histological materials from the past. It elucidates six ways of conceptualising history as a biomedical matter: scientific assessments of the past, i.e. natural scientific understandings of ‘historical facts’; history in biomedicine, e.g. uses of old histological collections in present day brain banks; provenance research, e.g. applying historical methods to ensure the authenticity of brain samples; technical biomedical history, e.g. reproducing original staining techniques to identify how old histological slides were made; founding traditions, i.e. references to historical objects and persons within founding stories of scientific communities; and priority debates, e.g. evaluating the role particular persons played in the discovery of a disease such as Alzheimer’s. Against this background, the paper concludes with how the various ways of using and understanding ‘history’ were put forward to re-present historic cases as ‘proto-types’ for studying Alzheimer’s disease in the present. (shrink)

This paper argues that, in light of the apparent settled nature of economists’ judgement on the issue of trade liberalization, the profession has stopped thinking critically about the question and, as a consequence, makes poor-quality arguments justifying their consensus. To develop support for this claim, the paper first recounts what economic analysis can say about trade liberalization. Then it analyses the quality of the arguments that economists make in support of free trade. The paper argues that the standard argument made (...) by economists in favour of free trade is either incoherent or implicitly imposes philosophical value judgements about what is good for a nation or society, or it makes leaps of empirical faith about how the world works. The paper concludes with suggestions for better arguments. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.DECONSTRUCTING THE ARGUMENT FOR FREE TRADE: A CASE STUDY OF THE ROLE OF ECONOMISTS IN POLICY DEBATESVolume 28, Issue 1Robert Driskill DOI: https://doi.org/10.1017/S0266267112000090Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. DECONSTRUCTING THE ARGUMENT FOR FREE TRADE: A CASE STUDY OF THE ROLE OF ECONOMISTS IN POLICY DEBATESVolume 28, Issue 1Robert Driskill DOI: https://doi.org/10.1017/S0266267112000090Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. DECONSTRUCTING THE ARGUMENT FOR FREE TRADE: A CASE STUDY OF THE ROLE OF ECONOMISTS IN POLICY DEBATESVolume 28, Issue 1Robert Driskill DOI: https://doi.org/10.1017/S0266267112000090Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The recent Canadian lawsuit on patent infringement, filed by the Children’s Hospital of Eastern Ontario, has engendered a significant public debate on whether patenting genes should be legal in Canada. In part, this public debate has involved the use of social networking sites, such as Twitter. This case provides an opportunity to examine how Twitter was used in the context of this gene patent controversy.

A qualitative study with an exploratory, descriptive and documentary design that was conducted with the objective of identifying the elements to constitute a method for the analysis of accusations of and proceedings for professional ethics infringements. The method is based on underlying elements identified inductively during analysis of professional ethics hearings judged by and filed in the archives of the Regional Nursing Board of Santa Catarina, Brazil, between 1999 and 2007. The strategies developed were based on the results of an (...) analysis of the findings of fact (occurrences/infractions, causes and outcomes) contained in the records of 128 professional ethics hearings and on the structural elements (statements, rules and practices) identified in five example professional ethics cases. The strategies suggested for evaluating accusations of ethics infringements and the procedures involved in deliberating on ethics hearings constitute a generic proposal that will require adaptation to the context of specific professional ethics accusations. (shrink)

Chucho is an Andean bear who had lived most of his life in semicaptivity in a nature reserve in Manizales, Colombia. After his sister’s death, he became severely depressed, so the environmental authority transferred him to Barranquilla Zoo. A local lawyer filed a writ of habeas corpus based on Chucho’s right as a sentient being to live in his natural habitat. This writ has triggered a complex debate on nonhuman animal legal personhood and animal rights between two of the highest (...) courts in the country: the Supreme Court of Justice and the Constitutional Court. (shrink)

Environmental controversies are often framed as conflicts between environmentalist and antienvironmentalist positions. The underlying dimensions of ethics and justice tend to be overlooked. This article seeks to integrate insights from environmental ethics and sociological observations through a case study of a watershed conflict. A controversy emerged in the 1990s when residents of the New York City watershed filed a lawsuit to block NYC’s proposed regulations for the land surrounding the streams and reservoirs that supply NYC’s drinking water. The conflict (...) was resolved after NYC agreed to provide economic development funds to the watershed towns in exchange for accepting the regulations. An analysis of interviews with NYC watershed town supervisors reveals that the conflict was resolved because underlying competing theories of justice were addressed. This contradicts the popular narrative that an environmental conflict can be resolved when competing parties come to the realization that natural ecosystems provide valuable water-purification services. (shrink)

The Baltic States – Estonia, Lithuania and Latvia – are democratic states of law that respect human rights. As members of the Council of Europe, they implemented into domestic law the Convention on the Protection of Human Rights and Fundamental Freedoms (known as the European Convention on Human Rights) – an international document for the universal protection of human rights adopted by the Council of Europe. The aim of the paper is to analyze whether and to what extent did Estonian, (...) Lithuanian and Latvian citizens file individual complaints to the European Court of Human Rights over the past thirteen years (2006–2018). The paper is to answer the question if the Baltic Sates’ systems of human rights protection are effective. One of the indicators of effectiveness is the number of complaints brought from the Baltic States to the ECtHR in relation to the number of inhabitants and also in comparison with the total number of complaints from the 47 member states of the Council of Europe as whole. The analysis will cover statistics on the number of judgments in Estonian, Lithuanian and Latvian cases before the Court in Strasbourg issued between 2006 and 2018. This will be helpful in determining the degree and the type of violations by the Baltic States of the human rights protected by the European Convention on Human Rights. (shrink)

The mobile game “Immortal Conquest,” created by NetEase Games, caused a dramatic user dissatisfaction event after an introduction of a sudden and uninvited “pay-to-win” update. As a result, many players filed grievances against NetEase in a court. The official game website issued three apologies, with mix results, to mitigate the crisis. The goal of the present study is to understand user feedback content from the perspective of Situational Crisis Communication Theory through semantic network analysis and sentiment analysis to explore how (...) an enterprise’s crisis communication strategy affects users’ attitudes. First, our results demonstrate that the diminishing crisis communication strategies do not change players’ negative attitudes. It was not a failure because it successfully alleviated the players’ legal complaints and refocused their attention on the game itself. Second, the rebuild strategy was effective because it significantly increased the percentage of positive emotions and regenerated expectations for the game. The litigation crisis was identified within gamer communications with respect to Chinese gaming companies for the first time. Nevertheless, this does not indicate an increase in overall legal awareness among the larger Chinese population. It may only reflect greater legal awareness among Chinese online gamers. Fourth, gamers emphasized that they and enterprises should be equally involved when communicating with each other. Finally, in-game paid items should be reasonably priced, otherwise, they will drive users to competitors. (shrink)

This study analyzes the questions on aspects of child custody, visitation rights, or child endangerment that judges pose to forensic psychologists in family law proceedings. Before conducting a psychological evaluation, the legal question in the referral has to be translated into case-specific, forensically relevant issues. The only overarching principle guiding this process is the “best interests of the child” criterion. Literature indicates that judges often struggle to define what variables should be specified for a psychological evaluation in their referral (...) questions. This study aims to contribute to a better understanding of the information judges would like to ascertain from psychological evaluators in child custody and child protection proceedings—an understanding allowing a clearer determination of whether forensic psychologists as experts can deliver this information. Latent Dirichlet allocation (LDA) is used to analyze the referral questions that these judges pose to forensic evaluators in terms of (a) underlying topics (latent dimensions) that can be identified within the referral questions and (b) the probability distributions of legal terms and forensic issues contained in the referral questions. This analysis is based on unclassified text data extracted from German court files. Five topics (latent dimensions) were identified within referral questions resembling cases when the issue was as follows: (a) potential child endangerment in the context of visitation contacts, (b) a possibly limited parenting capacity and its potential effects on child well-being, (c) an impairment of the child has already occurred or could occur, (d) a better option concerning custody and residence, and (e) an unclear topic addressing questions on custody, residence, and visitation in which no specific psychological constructs are involved. In four of the five topics, judges utilize their referral questions to ask for case-group-specific psychological information. In one topic addressing questions on custody, residence, and visitation, judges seem to struggle to define criteria that forensic evaluators should assess. Overall, results help to identify and define more clearly the relevant constructs that forensic experts should examine from the perspective of the courts with the goal of making clearer and more accurate recommendations. (shrink)

This paper argues that multinational corporations face levels of environmental and social responsibility higher than their national counterparts. Drawing on the literatures of stakeholder salience, corporate reputation management, and evidence from the confrontation between Shell and Greenpeace over the Brent Spar, in 1995, two mechanisms – international reputation side effects, and foreign stakeholder salience – are identified and their contribution in creating an environment more restrictive, in terms of environmental and social responsibility, is elaborated on. The paper concludes with discussing (...) the links of the work presented here with a number of ongoing debates within the filed of international business ethics, and the managerial implications of the two mechanisms identified. (shrink)

In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share (...) digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (shrink)

An important measure of the success of an academic institution is evaluation of its moral health. In order to investigate academic integrity in our institution, we administered the Academic Integrity Survey to a representative sample of 384 students from different departments. In addition we performed content analysis on 24 disciplinary hearing files from the previous academic year in order to ascertain which students were brought before the committee and why. Results show that the majority of students perceived academic misconduct (...) as a serious matter. Those who reported high on academic misconduct were concentrated among those who had not done national service, studied in the science faculty, and were Arabic-speaking students. Evaluation of the disciplinary hearings revealed that half the student brought before the committee were Arabic-speaking students despite their relatively small numbers in the college. The findings suggest that prevention of academic misconduct should focus on supporting specific at-risk populations. (shrink)

In recent years, public health law has seen some important court decisions. Those are presented below.In Pelman v. McDonaldS Corporation, the court dismissed a complaint filed by three children who claimed that McDonald’s practices in making and selling its products were deceptive. This deception, the children alleged, caused them to consume McDonald’s products with great frequency and become obese, thereby injuring their health. The plaintiffs pled five causes of action against McDonald’s, alleging that McDonald’s: 1) failed to adequately disclose the (...) ingredients and health effects of its products and described their food as nutritious without disclosing detrimental health effects; 2) engaged in marketing techniques geared toward inducing children to consume their products; 3) acted negligently in selling foods high in fat, cholesterol, salt, and sugar when studies show that foods containing these ingredients cause obesity and detrimental health effects; 4) failed to warn consumers of the quantity and qualities of levels of fat, cholesterol, salt, and sugar in its products or of the detrimental health effects of such foods; and 5) acted negligently in marketing foods that were physically and psychologically addictive. (shrink)

During the communist era, Radio Free Europe (RFE) was Romania's favorite radio station. This paper analyzes the role of RFE in everyday life in the strictly controlled Romanian communist state by looking at the broadcasts of RFE's Romanian Department, their audience, and their impact. Drawing largely on the RFE archives at the Vera and Donald Blinken Open Society Archives (OSA) and the former secret police files at the National Council for the Study of the Securitate Archives (CNSAS), it investigates (...) how radio waves mediated and channeled information while preparing people to embrace political and cultural change. The paper focuses on the circulation of knowledge, media confluences, and human agency. The rituals that developed around the secrecy which governed the listening process, the personal requests, attitudes, and opinions expressed in letters to RFE, and oral and written testimonies, coupled with the disproportionate and, at times, extreme reactions of the communist state, together reveal the carving out of individual spaces that allowed for the preservation of the “self” during Nicolae Ceausescu's dictatorship. At such critical historical moments, the connection became visible. Through an analysis of recent media representations in which RFE figures, such as Cold Waves, this study also looks at how RFE shaped personal memories of communist times. (shrink)

Recent publications have argued that practical wisdom is increasingly important for medical practices, particularly in complex contexts, to stay focused on giving good care in a moral sense to each individual patient. Our empirical investigation into an ordinary medical practice was aimed at exploring whether the practice would reveal practical wisdom, or, instead, adherence to conventional frames such as guidelines, routines and the dominant professional discourse. We performed a thematic analysis both of the medical files of a complex patient (...) and her daughter’s diary. We did find practical wisdom, but only sporadically, whereas it has proved to be essential for professional care. This deficit appeared to result from several factors like: the organization of the practice; established routines; a hierarchical culture; and a traditional medical discourse. Moreover, we discerned various negative consequences. More empirical research into practical wisdom in everyday medical practices is needed for the benefit of professional and morally good care for every patient. (shrink)

Forensics is proposed as a means to understand, trace, and recompile data and computational activities. It has a securitocratic dimension and one that is being developed as a means of opening processes, events and systems into a more public state. This article proposes an analysis of forces at play in the circulation of a ‘screener’ of Quentin Tarantino’s The Hateful Eight and associated files, to suggest that forensic approaches used to control flows of data may be repurposed for dis­semination. (...) The article maps a brief history of digital forensics and sets out some of its political entailments, indicating further lines of enquiry regarding the inter-relation of technosocial powers constituted in the interactions between forensics and coun­ter-measures. The article proposes that the posthumanities are partially constituted by a renewed relationship between questions of culture, subjectivity, knowledge and the technical. Some propositions for the technical as grounds for cultural politics are made. (shrink)

In recent years, public health law has seen some important court decisions. Those are presented below.In Pelman v. McDonaldS Corporation, the court dismissed a complaint filed by three children who claimed that McDonald’s practices in making and selling its products were deceptive. This deception, the children alleged, caused them to consume McDonald’s products with great frequency and become obese, thereby injuring their health. The plaintiffs pled five causes of action against McDonald’s, alleging that McDonald’s: 1) failed to adequately disclose the (...) ingredients and health effects of its products and described their food as nutritious without disclosing detrimental health effects; 2) engaged in marketing techniques geared toward inducing children to consume their products; 3) acted negligently in selling foods high in fat, cholesterol, salt, and sugar when studies show that foods containing these ingredients cause obesity and detrimental health effects; 4) failed to warn consumers of the quantity and qualities of levels of fat, cholesterol, salt, and sugar in its products or of the detrimental health effects of such foods; and 5) acted negligently in marketing foods that were physically and psychologically addictive. (shrink)