Historically, academic journals have served a different purpose than the Academy itself. Journals have served as privileged sites for the articulation and concretization of specific modes of knowledge and control.

This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

This thesis examines some mind-body problems traditionally ascribed to Descartes' philosophy. One such problem focuses on inconsistencies in Descartes' general causal claims. Another problem, first put forward by Simon Foucher, concerns Descartes' purported espousal of the following inconsistent triad: mind-body causal interaction, mind-body distinctness, and "the causal likeness principle." The final problem is one regarding free will and determinism. ;In the first Chapter I examine the content and number of Descartes' causal principles. An analysis of the main concepts used in (...) these principles, for example, "perfection," "eminent containment," and "formal containment," is provided. This examination includes a discussion of some medieval antecedents of these concepts. I argue that there is no blatant inconsistency generated by Descartes' causal claims. ;In the second chapter I utilize the analysis of "eminent containment" to show that Descartes was not committed to a "causal likeness principle." Since this principle is crucial for generating the "Foucher mind-body problem," I thus demonstrate that this problem is not one that applies to Descartes' philosophy. ;In this chapter I also examine Descartes' views about the details of psycho-physical change. While there is no blatant inconsistency among these views, I show that Descartes is committed to the inexplicability and indeterminism of the acts of the will. This presents a problem given Descartes' acceptance of psycho-physical interaction and of Laplace-like determinism. ;In the final chapter I argue that Descartes could have avoided this problem by denying Laplacean determinism, but since he lacks a clear position on the matter, it is not the move he himself makes. I also show how Descartes vacillates between a compatibilist and an incompatibilist view of free will. (shrink)

Everyday there are revelations of organizations behaving in discreditable ways. Sometimes these actions result in damage to an organization's reputation, but often they do not. In this article, we examine the question of why external stakeholders may overlook disclosed discreditable actions, even those entailing ethical breaches. Drawing on stigmatization theory, we develop a model to explain the likelihood of reputational loss following revelations of discreditable actions. The model integrates four properties of actions (perceived control, perceived certainty, perceived threat, and perceived (...) deviance), stakeholder motivation, and media coverage. Implications for theory and for practitioners concerned with reputation management are discussed. (shrink)

This paper explores labour negotiations between nurses and government in the public health sector in Australia between 1996 and 2005. During this period, industrial negotiations between nurses and government in the public health sector moved from centralized wage determinations to agreements made at the level of the enterprise through the Workplace Relations Act 1996. Simultaneously, public sector nurses reported increased work intensification, a result of new public management strategies. This led to the Australian Nursing Federation negotiating enterprise agreements that included (...) the introduction of highly specified workload algorithms in an attempt to de‐intensify nurses’ labour. The irony of this strategy is that these calculations and tools operate as both a human resource mechanism for maximizing productivity as well as an industrial relations tool for reducing work intensification. (shrink)

We employ a Layers of Workplace Influence theory to guide our study of whistleblowing among public accounting audit seniors. Specifically, we examine professional commitment, organizational commitment versus colleague commitment (locus of commitment), and moral intensity of the unethical behavior on two measures of reporting intentions: likelihood of reporting and perseverance in reporting. We find that moral intensity relates to both reporting intention measures. In addition, while high levels of professional identity increase the likelihood that an auditor will initially report an (...) observed violation, the auditor's commitment to the organization drives perseverance in reporting. Results may assist organizations and researchers in their understanding of antecedents to whistleblowing as a form of corporate governance and of the effect of these antecedents on whistleblowing perseverance. (shrink)

Working relationships between practice nurses and general practitioners in Australia: a critical analysisThis research set out to explore shared care between practice nurses and general practitioners in South Australia. Nine practice nurses (PNs), two nurse practitioners and 10 general practitioners (GPs) were interviewed in urban and rural practices in order to build up a picture of how GPs and PNs worked together. The interviews showed that shared care was not a reality, although practice nurses were very busy, enjoyed their work (...) and were no longer performing as receptionists doing a little nursing on the side, but as highly skilled nurses. Questions that emerged included whether or not practice nurses are specialists or generalists; their relationship to nurse practitioners; the extent to which the doctor–nurse game explains the relationship between practice nurses and general practitioners; and the potential for expanding the practice nurse role. (shrink)

Obstructive sleep apnea (OSA) severely impacts sleep and has long-term health consequences. Treating sleep apnea with continuous positive airway pressure (CPAP) not only relieves obstructed breathing, but also improves sleep. CPAP improves sleep by reducing apnea-induced awakenings. CPAP may also improve sleep by enhancing features of sleep architecture assessed with electroencephalography (EEG) that maximize sleep depth and neuronal homeostasis, such as the slow oscillation and spindle EEG activity, and by reducing neurophysiological arousal during sleep (i.e., beta EEG activity). We examined (...) cross-sectional differences in quantitative EEG characteristics of sleep, assessed with power spectral analysis, in 29 adults with type 2 diabetes treated with CPAP and 24 adults undergoing SHAM CPAP treatment (total n = 53). We then examined changes in spectral characteristics of sleep as the SHAM group crossed over to active CPAP treatment (n = 19). Polysomnography (PSG) from the CPAP titration night was used for the current analyses. Analyses focused on EEG frequencies associated with sleep maintenance and arousal. These included the slow oscillation (0.5–1 Hz), sigma activity (12–16 Hz, spindle activity), and beta activity (16–20 Hz) in F3, F4, C3, and C4 EEG channels. Whole night non-rapid eye movement (NREM) sleep and the first period of NREM spectral activity were examined. Age and sex were included as covariates. There were no group differences between CPAP and SHAM in spectral characteristics of sleep architecture. However, SHAM cross-over to active CPAP was associated with an increase in relative 12–16 Hz sigma activity across the whole night and a decrease in average beta activity across the whole night. Relative slow oscillation power within the first NREM period decreased with CPAP, particularly for frontal channels. Sigma and beta activity effects did not differ by channel. These findings suggest that CPAP may preferentially enhance spindle activity and mitigate neurophysiological arousal. These findings inform the neurophysiological mechanisms of improved sleep with CPAP and the utility of quantitative EEG measures of sleep as a treatment probe of improvements in neurological and physical health with CPAP. (shrink)

Conducting research with vulnerable populations involves careful attention to the interests of individuals. Although it is generally understood that informed consent is a necessary prerequisite to research participation, it is less clear how to proceed when potential research participants lack the capacity to provide this informed consent. The rationale for assessing the assent or dissent of vulnerable individuals and obtaining informed consent by authorized representatives is discussed. Practical guidelines for recruitment of and data collection from people in the middle or (...) late stage of dementia are proposed. These guidelines were used by research assistants in a minimal risk study. (shrink)

In this paper I argue for the use of Deleuzian theories in educational contexts. In particular, I am interested in the use of the concept of rhizomes, and the analysis of texts as rhizomes, drawing on Deleuze and Guattari's work in A Thousand Plateaus (1987). I discuss the possibilities for using rhizomatics in educational contexts through an exploration of the construction of an 'apparatus of social critique' (Buchanan, 2000). I then describe a rhizomatic understanding of the relationships between teachers and (...) policy texts, which can disrupt commonsense understandings of these relations. I provide examples from my own research (Honan, 2001) of a rhizo-textual analysis of policy texts. This rhizo-textual analysis involved an exploration of the construction of the subject position, teacher, within one policy text, as well as a mapping of two teachers' readings of this text. The paper concludes with a discussion of the implications for using Deleuzian theory in educational contexts, implications for both policy developers and educational researchers. (shrink)

As working arrangements become more flexible and many people work remotely, the risk of social isolation rises. Coworking spaces try to prevent this by offering not only a workplace, but also a community. Adopting a person-environment fit perspective, we examined how the congruence between workers' needs and supplies by coworking spaces relate to job satisfaction and intent to leave. We identified five needs, of which community was expected to be the central need. An online questionnaire was distributed among coworkers in (...) Germany and Austria, resulting in a sample of 181 coworkers. Results showed that needs-supplies fit regarding community was related to job satisfaction and intent to leave in coworking spaces. Findings for the other needs, however, did not show that congruence is associated with outcomes. Overall, the findings highlight the importance of community fit in coworking and offer insights for workers and entrepreneurs in this area. (shrink)

Public accounting firms can build integrity within their organizations through early detection of fraud. One way to reduce and detect fraud is to encourage whistleblowing as a prosocial behavior. We explore the impact of mentoring on intention to report fraud. A survey with 120 responses from the US public accountants suggests that quality mentoring relationships, a common feature in the profession, and caring ethical climate positively relate to internal reporting of fraud. Two intermediate variables, trust and affective commitment, mediate these (...) effects. Mentor-relationship quality also increases perceptions of caring ethical climate. The study contributes to two bodies of research by finding extended benefits from mentoring, beyond those typically discussed in academic literature; and identifying a previously unexplored firm intervention capable of positively influencing prosocial behavior and combating fraud. (shrink)

Public, private, non-profit and for-profit nursing education enterprises in the U.S. are competing with one another in a newly complex and volatile educational landscape, placing academic leaders into situations fraught with moral, ethical and legal compromise with few precedents for guidance. This case study provides a richly contextualized narrative exploration of ethical and legal challenges to one leader’s moral courage, a fictionalized exploration drawn from multiple sources over time, to form a composite that is nonetheless firmly rooted in the complexity (...) and competitiveness characteristic of nursing education today. Our purpose is three-fold: 1) to direct the reader to moral and ethical questions that require thoughtful discourse and analysis among current and future academic nursing leaders; 2) to raise the issue of the need for regulations and oversight that reflect the changing realities of today’s increasingly complex and competitive educational arena; and 3) to encourage nursing education leaders to share additional cases that resonate for them, and in so doing, to expand the wellspring of ideas from which we can all draw in becoming more effective and morally courageous leaders. (shrink)

This study investigated students’ perceptions following a prepared, common presentation regarding academic integrity provided by their residence dons. This peer instruction study utilized both quantitative and qualitative analyses of survey data within a pre-test post-test design. Overall, students reported gains in knowledge, as well as confidence in their knowledge of academic integrity. Notably, students reported increases in their personal value for academic integrity after participating in the presentations. Overall, the quality and content of the presentations were judged positively, and participants’ (...) ratings of the presentation were predictive of increases in personal value of academic integrity, as well as self-reported knowledge and confidence gains. Qualitative analyses supported that the key ideas in the presentation served as the focal material for discussion, but also introduced specific topics that students wanted to explore in greater depth. (shrink)

Eileen C. Sweeney. gap between what faith believes and what reason understands, is also expressed in the attempt to think “that than which none greater can be thought.” For to think it is to reach God via a single, long extension of the mind ...

In this paper I argue for the use of Deleuzian theories in educational contexts. In particular, I am interested in the use of the concept of rhizomes, and the analysis of texts as rhizomes, drawing on Deleuze and Guattari's work in A Thousand Plateaus. I discuss the possibilities for using rhizomatics in educational contexts through an exploration of the construction of an 'apparatus of social critique'. I then describe a rhizomatic understanding of the relationships between teachers and policy texts, which (...) can disrupt commonsense understandings of these relations. I provide examples from my own research of a rhizo-textual analysis of policy texts. This rhizo-textual analysis involved an exploration of the construction of the subject position, teacher, within one policy text, as well as a mapping of two teachers' readings of this text. The paper concludes with a discussion of the implications for using Deleuzian theory in educational contexts, implications for both policy developers and educational researchers. (shrink)

Kit Fine and Gideon Rosen propose to define constitutive essence in terms of ground-theoretic notions and some form of consequential essence. But we think that the Fine–Rosen proposal is a mistake. On the Fine–Rosen proposal, constitutive essence ends up including properties that, on the central notion of essence, are necessary but not essential. This is because consequential essence is closed under logical consequence, and the ability of logical consequence to add properties to an object’s consequential essence outstrips the ability of (...) ground-theoretic notions, as used in the Fine–Rosen proposal, to take those properties out. The necessary-but-not-essential properties that, on the Fine–Rosen proposal, end up in constitutive essence include the sorts of necessary-but-not-essential properties that, others have noted, end up in consequential essence. (shrink)

continent. 1.4 (2011): 240—241. “Pirogenetico, Pirogenetico”, 2009 Installation composée de deux tables en métal et trois blocs d’obsidienne et leur moulages. © Coll.Centre Pompidou / Distr. RMN I'm not so sure that art is so ambiguous. I just think it's not linguistic. It's more full and complex than language— we can experience it but not explain it. —Jimmie Durham(1) Jimmie Duraham is an American artist of Cherokee descent. He’s a visual artist and a political activist for the American Indian Movement. (...) Pirogenetico pirogenetico (2009) was recently installed at the Centre Pompidou as part of their “New Presentation of the Contemporary Collections.” His work is replete with wild ideas shaped by a sage, unpretentious impulse and an automatic responsibility to history, particularly his own Cherokee history. Confident from instability, and free from pedagogical language, he strings form and words together that sharply pierce the atmosphere of ideology. Durham doesn’t follow a line and he doesn’t depend on the scaffold of language, but the work makes a remarkable point. Pirogenetico, pirogenetico is a collection of three obsidian rocks, cut and then cast as a double in German silver. Each threesome sits on its own low metal table, forming a diptych. The cut of the original follows the shattering nature of obsidian, which Durham undercuts and monumentalizes in the double. The derivative double and its mannered original: they are nearly too beautiful but still can’t deny the violence. If Durham’s irony, his edge, is obscured by the volume of his forms, it’s reactivated in a video on the adjacent wall where the obsidian cuts through a heart organ. Durham’s syntax is spare. He knows that language isn’t big enough to tell the story, reminding us, as Lacan stated, “I always speak the truth. Not the whole truth... because saying it all is impossible: words fail.”(2) In place of language Durham uses an alternative accuracy that compounds history with the present, a mashup of material things, a collision of aesthetics that shakes down conventional wisdom, replacing it with searing poetry. NOTES (1) Heyokamagazine. “ Jimmie Durham: The Pursuit of Happiness .” (2) Lacan, Jacques. Television: A Challenge to the Psychoanalytic Establishment . Ed. Joan Copjec. Trans. Dennis Hollier, Rosalind Kraus, and Annette Michelson. (New York: Norton, 1990). p. 18. (shrink)

Emerging child welfare policies promoting preventive and early intervention services present a challenge to professional ethics, raising questions about how to balance respect for service users with concern for social justice. This article explains how the UK policy involves shifting the balance of power away from families towards state and professional decision making. The policy is predicated on sharing information between professionals to inform risk and need assessment and so poses a problem for the ethic of confidentiality in a helping (...) relationship. This article examines the arguments for information sharing and questions whether the predicted benefits for children outweigh the cost of eroding family privacy and changing the nature of professional relationships with service users. (shrink)