The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice (...) Admission. All four of the ABA's foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is “ subject to effective regulation and discipline by a duly constituted professional body or a public authority .” In other words, these rules set forth requirements regarding the nature of the regulatory system in the foreign lawyer's home jurisdiction. A number of US states have included this requirement in their foreign lawyer mobility provisions, but a number have not. Although the ABA model rules and a number of state rules include this requirement, neither the ABA Model Rules nor any of the state rules have defined what it means for a foreign lawyer to come from a system with “effective regulation and discipline.” Nor is there any evidence that this requirement has been enforced in those states that have included this requirement. This article suggests that the “effective regulation and discipline” requirement has been an elephant in the room that no one has been willing to talk about. The article argues that the time has come to confront this issue head-on. It asserts that either efforts should be undertaken to define and enforce this requirement or that the requirement should be abandoned. The article reviews two “threshold” issues that jurisdictions might want to consider when deciding whether to adopt or retain an “effective regulation and discipline” requirement. It also identifies cross-cultural and cross-professional resources that might be consulted for “benchmarking” purposes if and when US regulators decide to add “meat to the bones” by defining and enforcing the “effective regulation and discipline” requirement found in foreign lawyer mobility provisions. (shrink)

Playing with correct intonation is one of the major challenges for a string player. A player must learn how to physically reproduce a target pitch, but before that, the player must learn what correct intonation is. This requires audiation- the aural equivalent of visualization- of every note along with self-assessment whether the pitch played matches the target, and if not, what action should be taken to correct it. A challenge for successful learning is that much of it occurs during practice, (...) typically without outside supervision. A student who has not yet learned to hear correct intonation may repeatedly practice out of tune, blithely normalising bad habits and bad intonation. The real-time reflective nature of intonation and its consistent demand on attention make it a ripe target for technological intervention. Using a violin augmented to combine fingerboard sensors with audio analysis for real-time pitch detection, we examine the efficacy of three methods of real-time feedback for improving intonation and pitch learning. The first, aural feedback in the form of an in-tune guide pitch following the student in real-time, is inspired by the tradition of students playing along with teachers. The second is visual feedback on intonation correctness using an algorithm optimised for use throughout normal practice. The third is a combination of the two methods, simultaneously providing aural and visual feedback. Twelve beginning violinists, including children and adults, were given four in-situ 20-30 minute lessons. Each lesson used one of the intonation feedback methods, along with a control lesson using no feedback. We collected data on intonation accuracy and conducted interviews on student experience and preference. The results varied by player, with evidence of some players being helped by the feedback methods but also cases where the feedback was distracting and intonation suffered. However interviews suggested a high level of interest and potential in having such tools to help during practice, and results also suggested that it takes time to learn to use the real-time aural and visual feedback. Both methods of feedback demonstrate potential for assisting self-reflection during individual practice. (shrink)

ABSTRACT Political scientist James Fishkin has devised “deliberative polling” as a means to better informed, more autonomous, and more reflective participant opinion. After a deliberative poll, this improved form of public opinion can be disseminated to the general public and to policy makers so as to influence public opinion (as it is normally construed) and public policy. Close examination of the results of deliberative polling, however, suggests no evidence of a normatively desirable gain in informed, autonomous, or considered opinion—as opposed (...) to minor gains in participants' general political knowledge and in ideological constraint, which is likely attributable to the pre-packaged “expert” views set forth in the briefing materials provided to the participants. (shrink)

ABSTRACT Political scientist James Fishkin has devised “deliberative polling” as a means to better informed, more autonomous, and more reflective participant opinion. After a deliberative poll, this improved form of public opinion can be disseminated to the general public and to policy makers so as to influence public opinion (as it is normally construed) and public policy. Close examination of the results of deliberative polling, however, suggests no evidence of a normatively desirable gain in informed, autonomous, or considered opinion—as opposed (...) to minor gains in participants' general political knowledge and in ideological constraint, which is likely attributable to the pre-packaged “expert” views set forth in the briefing materials provided to the participants. (shrink)

Patriarchal institutions govern all aspects of women's lives: their minds, their bodies, and their souls. Additionally, they govern the ways in which women are perceived by others and the ways in which women perceive themselves. (Re) Interpretations: The Shapes of Justice in Women's Experience, is a collection of essays on language, religion, war, sex trafficking, and medicine-the patriarchal structures that form the basis of western society and, thus, are in many ways inherently unjust. The essays illustrate the multitude of ways (...) that women have found to work within and without these structures to create justice. Traditional theories of justice cast it as a cardinal virtue, unbiased and impartial. The essays in this book, however, remove justice from the abstract and return it to the specific: most of the essays use personal narratives to highlight the connections all people share. The women discussed here are challenging the authority of existing patriarchal narratives by telling their versions, and, thus, calling attention to and challenging their own political and social realities. Reflecting a focus on global connectedness and interdisciplinarity, the writers of these essays aim not only to raise questions, but also to show ways in which women are creating new pathways for themselves. Only by exploring solutions will women reclaim justice. From L.A. to Zimbwabe, women have stories to tell about their experiences of justice in the inherently patriarchal institutions of Language, Religion, War, Sex Trafficking, and Medicine. This relevant and thought-provoking collection captures the trials that women across the world face and the hope they create through their courageous actions. Through both personal narrative and factual overview, these essays emphasize that as people committed to justice, women must not simply raise the questions, but they must also explore solutions in order to reclaim justice for themselves, their daughters, their sisters, and their mothers. Contributors: Yifat Bitton, Stephany Ryan Cate, Jo Scott-Coe, Susan Dewey, Carmela Epright, Carmen Faymonville, Adam Gaynor, Pauline Greenhill, Denise Handlarski, Alison Jobe, Marc J.W. de Jong, Jodie M. Lawston, Jody Lisberger, Kristy Maher, Susan Maloney, Mickias Musiyiwa, Ruben Murillo, Annemarie Profanter, Natalie Wilson, and J. Carter Wood. (shrink)

No consensus yet exists on how to handle incidental fnd-ings in human subjects research. Yet empirical studies document IFs in a wide range of research studies, where IFs are fndings beyond the aims of the study that are of potential health or reproductive importance to the individual research participant. This paper reports recommendations of a two-year project group funded by NIH to study how to manage IFs in genetic and genomic research, as well as imaging research. We conclude that researchers (...) have an obligation to address the possibility of discovering IFs in their protocol and communications with the IRB, and in their consent forms and communications with research participants. Researchers should establish a pathway for handling IFs and communicate that to the IRB and research participants. We recommend a pathway and categorize IFs into those that must be disclosed to research participants, those that may be disclosed, and those that should not be disclosed. (shrink)

Few scholars have investigated the considerations of over-empowered teams from a non-consequential ethics approach. Leveraging a virtue-based ethics lens of team empowerment, we provide a framework of team ethical orientation and over-empowerment using highly influential market research teams as a basis for our analysis. The purpose of this research is to contrast how teams founded on virtue-based ethics can attenuate ethical dilemmas and negative organizational outcomes from team over-empowerment. We provide a framework of four conditions that include Sophisticated, Suppressed, Contagion, (...) and Impeded to discuss alignment between team ethical orientation and team empowerment. Through this framework, we aim to further our understanding of empowered team behavior between action that is virtuous, moral, and ethical and activity that threatens organizational values and goals. (shrink)

Wars must be won if our country … is to be protected from unthinkable outcomes, as the events on September 11th most recently illustrated…. This best protection unequivocally requires armed forces having military physicians committed to doing what is required to secure victory…. As opposed to needing neutral physicians, we need military physicians who can and do identify as closely as possible with the military so that they, too, can carry out the vital part they play in meeting the needs (...) of the mission.Counterpoint:We believe the role of the “physician–soldier” to be an inherent moral impossibility because the military physician, in an environment of military control, is faced with the difficult problems of mixed agency that include obligations to the “fighting strength” and … “national security.”. (shrink)

Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international law. (...) In Humanitarian Intervention, the contributors explore the many questions surrounding the issue. Is humanitarian intervention permitted by international law? If not, is it nevertheless morally permissible or morally required? Realistically, might not the main consequence of the humanitarian intervention principle be that powerful states will coerce weak ones for purposes of their own? The current debate is updated by two innovations in particular, the first being the shift of emphasis from the permissibility of intervening to the responsibility to intervene, and the second an emerging conviction that the response to humanitarian crises needs to be collective, coordinated, and preemptive. The authors shed light on the timely debate of when and how to intervene and when, if ever, not to. Contributors: Carla Bagnoli, Joseph Boyle, Anthony Coates, Thomas Franck, Brian D. Lepard, Catherine Lu, Pratap Bhanu Mehta, Terry Nardin, Thomas Pogge, Melissa S. Williams, and Kok-Chor Tan. (shrink)

Researchers in medical education have extensively studied negative reactions to gross anatomy, sometimes grouped under the term “the cadaver experience.” Although there has been disagreement about the extent and importance of such phenomena, several attempts at curricular reform have been designed to “humanize” the student-cadaver encounter. However, some obvious sources linking gross anatomy and the humanities have been consistently overlooked. Such sources—from the history of art, the history of anatomy, and autobiographical and imaginative literature—not only bear witness to the “cadaver (...) experience” for anatomists of the past, but also offer forgotten alternatives for placing present-day reactions in perspective. Former methods of teaching which used such material might serve as models for reintegrating the humanities into the study of gross anatomy as a possible humanizing force. (shrink)

At Michigan Tech, science, technology, and society (STS) was introduced as a means of attracting new students to the school, providing general education courses more attractive to engineering students, and furnishing a focus for an unfocused, multidisciplinary department of the Social Sciences. STS enjoyed very limited success in the first two areas; however, using STS as a focus for a hitherto unfocused department has been highly successful and has led to the creation in the department of two new and successful (...) STS-related graduate programs in industrial archaeology and environmental policy. (shrink)

Autonomy operates as a key term in debates about the rights of families to choose distinct approaches to education. Yet, what autonomy means is often complicated by the actual circumstances and contexts of schools, families, and children. In this essay, Terri S. Wilson and Matthew A. Ryg focus on the challenges involved in translating an ideal of educational autonomy into the “nonideal” contexts and circumstances that surround families' choices. Drawing on the methodological insights of Elizabeth Anderson and John Dewey, they (...) sketch out a nonideal approach for exploring autonomy. Wilson and Ryg particularly focus on Dewey's notion of an ideal, his treatment of autonomy as a concept, and his view of the self. Such a nonideal approach draws attention toward the specific circumstances, habits, and environments that make autonomy possible. Wilson and Ryg illustrate the salience of this nonideal approach by exploring one example of an empirically engaged study of autonomy. (shrink)

Many scholars have pursued philosophical inquiry through empirical research. These empirical projects have been shaped—to varying degrees and in different ways—by philosophical questions, traditions, frameworks and analytic approaches. This issue explores the methodological challenges and opportunities involved in these kinds of projects. In this essay, we briefly introduce the nine projects featured in this issue and then address two key questions: First, how do these diverse contributors understand their empirical research as a mode of philosophical inquiry? And, second, what is (...) the value in engaging in empirical research oneself, as opposed to drawing on the empirical work of others? As the essays in this issue demonstrate, there is no single answer to these questions. Our hope is that these guiding questions—and the diverse and divergent answers offered within this special issue—might demonstrate the live and pressing methodological questions involved in integrating empirical research and philosophical inquiry. (shrink)

In his PhD proposal, now published as Seeing Sociological, Garfinkel [2006] formulated action in terms of a mutually constitutive structure—the Noesis-Noema Structures. This structure can be traced to Aaron Gurwitsch’s gestalt psychology and Law of Good Gestalt which theorises how participants prioritise functional Gestalts over other possible meanings of what is perceivable in their surroundings. While Gurwitsch illustrated his theory using images, in this paper we revisit Gurwitsch’s theory in light of the advances in recording real-time interaction to consider Gestalt (...) in spatio-temporality of real-time interaction. We consider the Law of Good Gestalt in terms of the dimensions of time and space, and postulate two analytical principles—the Principle of Good Momentary Gestalt and the Principle of Good Temporal Gestalt—for analysing a multi-angle video segment of a monologue taken from a training event. The analysis examines how the monologue was embedded in a multi-layer projection structure, so that during the time of the monologue, the trainer and trainees can be seen as achieving a transition between one activity to another while sustaining the frame of the training event. Through this, the analysis highlights the multi-layered structure of participants’ field of perception that constitutes their experience of the social activity, and explores a “method” to reconstruct such a structured field of perception through re-coupling meanings to the assemblages of multimodal resources recoverable on video. (shrink)

In this essay, I describe some of the methodological dimensions of my ongoing research into how parents choose schools. I particularly focus on how philosophical frameworks and analytical strategies have shaped the empirical portion of my research. My goal, in this essay, is to trace and explore the ways in which philosophy of education—as a methodological orientation—may enable researchers to be attentive to the normative dimensions of human experience. In addition, I will argue that philosophically informed empirical research offers new (...) possibilities for making normative arguments that are closely connected to the non-ideal, complex ground of actual experience. (shrink)

School choice positions parents as consumers who select schools that maximize their preferences. This account has been shaped by rational choice theory. In this essay, Terri Wilson contrasts a rational choice framework of preferences with John Dewey's understanding of interest. To illustrate this contrast, she draws on an example of one parent's school decision-making process. Dewey's concept of interest offers an alternative conceptual vocabulary attentive to the complex, value-laden, and evolving process of choosing a school. Her analysis considers how schools (...) might not just appeal to the preexisting preferences of families, but might instead actively shape those interests to democratic ends. (shrink)

We conduct quantitative and qualitative analysis of 33 cases of internal and external whistleblowers wrongfully fired for reporting wrongdoing. Our results show external whistleblowers have less tenure with the organization, greater evidence of wrongdoing, and they tend to be more effective in changing organizational practices. External whistleblowers also experience more extensive retaliation than internal whistleblowers, and patterns of retaliation by management against the whistleblower vary depending on whether the whistleblower reports internally or externally. We discuss implications for organizations and whistleblowers, (...) and we conclude that researchers need to develop different theoretical explanations of internal and external whistleblowing processes. (shrink)

A substantial portion of the developed world's population is increasingly dependent on machines to make their way in the everyday world. For certain privileged groups, computers, cell phones, PDAs, Blackberries, and IPODs, all permitting the faster processing of information, are commonplace. In these populations, even exercise can be automated as persons try to achieve good physical fitness by riding stationary bikes, running on treadmills, and working out on cross-trainers that send information about performance and heart rate.

Despite a large and multifaceted effort to understand the vast landscape of phenotypic data, their current form inhibits productive data analysis. The lack of a community-wide, consensus-based, human- and machine-interpretable language for describing phenotypes and their genomic and environmental contexts is perhaps the most pressing scientific bottleneck to integration across many key fields in biology, including genomics, systems biology, development, medicine, evolution, ecology, and systematics. Here we survey the current phenomics landscape, including data resources and handling, and the progress that (...) has been made to accurately capture relevant data descriptions for phenotypes. We present an example of the kind of integration across domains that computable phenotypes would enable, and we call upon the broader biology community, publishers, and relevant funding agencies to support efforts to surmount today's data barriers and facilitate analytical reproducibility. (shrink)

Mechanical devices implanted in the body present implications for broad themes in religious thought and experience, including the nature and destiny of the human person, the significance of a person's embodied experience, including the experiences of pain and suffering, the person's relationship to ultimate reality, the divine or the sacred, and the vocation of medicine. Community-constituting convictions and narratives inform the method and content of reasoning about such conceptual questions as whether a moral line should be drawn between therapeutic or (...) enhancement interventions and/or between somatic and neural/cognitive interventions. By attending to these broader community-forming concepts, it is possible to identify three general orienting themes in religious perspectives on incorporated mechanical devices, which we shall designate as perspectives of “appropriation,” “ambivalence,” and “resistance.”. (shrink)