Traditionally, the fiduciary duty of loyalty is implicated where corporate directors have conflicts of interest. In a major new decision, Stone v. Ritter, the Delaware Supreme Court determined that directors may also be disloyal when they act in bad faith. As a consequence, directors may be disloyal even when they have no conflicts of interest, and even when they intend to benefit their corporation. This Article reconciles this expanded fiduciary obligation with existing concepts of loyalty. The new loyalty is not (...) incoherent. Courts have adopted a recognizable understanding of loyal behavior - being “true” - that exists in other social spheres. Under this conception, loyal directors must not only act in the best interests of their corporation and its shareholders, they must also be honest with shareholders and comply with positive law. This Article then offers insights into the function of these expanded fiduciary duties. Although the new loyalty duties pose risks, there are good reasons to think they will provide net benefits. Following the recent Lyondell decision, it appears that the Stone case and its progeny will not result in significant revisions to the business judgment rule. However, the recent change in a director’s loyalty obligation may substantially lower information costs, giving better guidance to directors and simplifying coordination. In addition, the new conception of loyalty can also serve an important expressive function, enabling a more efficient level of trust among corporate actors, investors, and those who transact with the firm. (shrink)

This essay reviews John Gardner’s recent books, From Personal Life to Private Law, and Torts and Other Wrongs. Both books offer profound insights into private law’s concerns with justice and our reasons for action. The essay focuses on Gardner’s continuity thesis, and in particular on his idea that a third party may act on behalf of a wrongdoer as her delegee. Three settings are considered. First, I will discuss settings in which the state or another third party acts to remedy (...) a wrong without the wrongdoer’s consent. Second, I will review settings in which the legal remedies at issue – e.g., general damages or punitive damages – may not fit well with the idea that the state is acting on behalf of a wrongdoer. Third, I will analyze settings in which the state may be acting on behalf of right holders, yet still be concerned with the continuity thesis. Assessing each of these contexts offers further insights into the purpose of private law remedies. (shrink)

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.

Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that these two areas of law, while distinctive, are deeply intertwined.

Clicks, comments, transactions, and physical movements are being increasingly recorded and analyzed by Big Data processors who use this information to trace the sentiment and activities of markets and voters. While the benefits of Big Data have received considerable attention, it is the potential social costs of practices associated with Big Data that are of interest to us in this paper. Prior research has investigated the impact of Big Data on individual privacy rights, however, there is also growing recognition of (...) its capacity to be mobilized for surveillance purposes. Our paper delineates the underlying issues of privacy and surveillance and presents them as in tension with one another. We postulate that efforts at controlling Big Data may create a trade-off of risks rather than an overall improvement in data protection. We explore this idea in relation to the principles of the European Union’s General Data Protection Regulation as it arguably embodies the new ‘gold standard’ of cyber-laws. We posit that safeguards advocated by the law, anonymization and pseudonymization, while representing effective counter measures to privacy concerns, also incentivize the use, collection, and trade of behavioral and other forms of de-identified data. We consider the legal status of these ownerless forms of data, arguing that data protection techniques such as anonymization and pseudonymization raise significant concerns over the ownership of behavioral data and its potential use in the large-scale modification of activities and choices made both on and offline. (shrink)

According to HealthCare.gov, by improving access to quality health for all Americans, the Affordable Care Act (ACA) will reduce disparities in health insurance coverage. One way this will happen under the provisions of the ACA is by creating a new health insurance marketplace (a health insurance exchange) by 2014 in which “all people will have a choice for quality, affordable health insurance even if a job loss, job switch, move or illness occurs”. This does not mean that everyone will have (...) whatever insurance coverage he or she wants. The provisions of the ACA require that each of the four benefit categories of plans (known as bronze, silver, gold and platinum) provides no less than the benefits available in an “essential health benefits package”. However, without a clear understanding of what criteria must be satisfied for health care to be essential, the ACA’s requirement is much too vague and open to multiple, potentially conflicting interpretations. Indeed, without such understanding, in the rush to provide health insurance coverage to as many people as is economically feasible, we may replace one kind of disparity (lack of health insurance) with another kind of disparity (lack of adequate health insurance). Thus, this paper explores the concept of “essential benefits”, arguing that the “essential health benefits package” in the ACA should be one that optimally satisfies the basic needs of the people covered. (shrink)

Written by some of the leading experts in the field, the essays in this volume will be a fascinating resource for students and scholars of ancient philosophy, ...

Nanomedicine is a rapidly growing field in the academic as well as commercial arena. While some had predicted nanomedicine sales to reach $20.1 billion in 2011, the actual growth was much more rapid, with the global nanomedicine market being valued at $53 billion in 2009, and forecast to increase at an annual growth rate of 13.5% to reach more than $100 billion in 2014. In 2006, more than 130 nanotechnology-based drugs and delivery systems had entered preclinical, clinical, or commercial development. (...) The European Medicines Agency reviewed 18 marketing authorization applications for nanomedicines in 2010. In 2011, 22 drugs that had been approved by the FDA, and 87 Phase I and Phase II clinical trials were listed in the U.S. National Institutes of Health data base, www.clinicaltrials.gov. Although the fastest growing areas of nanomedicine are applications in medical imaging and diagnosis using contrast-enhancing agents, most nanomedicine research and commercialization is in the area of cancer drug therapy, including nano gold shells. (shrink)

The influence that philosophy of science has had on scientific practice is as controversial as it is undeniable, especially in the case of biology. The dynamic between philosophy and biology as disciplines has developed along two different lines that can be characterized as 'paternal', on the one hand, and more 'fraternal', on the other. The role Popperian principles of demarcation and falsifiability have played in both the systematics community as well as the ongoing evolution-creation debates illustrate these contrasting forms of (...) interdisciplinary engagement, underscoring the influence philosophy of science in shaping our contemporary understanding of biology in the North American context. However, a strict disciplinary distinction between philosophy and science may itself be a false dichotomy that risks hampering future development of the biological sciences. By actively engaging with philosophical considerations as an integral part of their scientific practice, nineteenth-century biologists offer an interesting counterpoint to current trends of overspecialization and provide a model of scientists who avoided extremes of antagonism with, or subservience to, philosophy. (shrink)

Some have proposed that it is reasonable for an atheist to pursue a form of life shaped by engagement with theistic religious language and practice, once language and belief in God are interpreted in the appropriate non-realist manner. My aim is to defend this proposal in the face of several objections that have been raised against it. First, I engage in some conceptual spadework to distinguish more clearly some varieties of religious non-realism. Then, in response to two central objections, I (...) seek to articulate the most promising version of the view. I conclude by discussing some practical and moral objections to a non-realist form of religious life. (shrink)

_Plato_ explores the thought of a man who, in a literary career of fifty years, generated ideas that have pervaded history from antiquity to today. After laying out the basics of Plato’s intellectual development and considering his complex relationship with Socrates, Andrew Mason offers a thematic approach to help readers navigate through an often challenging body of work. Throughout, this concise volume traces the development of continuing themes in Plato’s dialogues and considers the relevance of these themes for modern (...) thought. Drawing on recent scholarship, this engaging introduction offers the ideal, up-to-date overview of a figure who remains essential reading in western history and philosophy. (shrink)

In the early months of 2020, the deadly Covid-19 disease spread rapidly around the world. In response, national and regional governments implemented a range of emergency lockdown measures, curtailing citizens’ movements and greatly limiting economic activity. More recently, as restrictions begin to be loosened or lifted entirely, the use of so-called contact tracing apps has figured prominently in many jurisdictions’ plans to reopen society. Critics have questioned the utility of such technologies on a number of fronts, both practical and ethical. (...) However, little has been said about the ways in which the normative design choices of app developers, and the products that result therefrom, might contribute to ethical reflection and wider political debate. Drawing from scholarship in critical design and human–computer interaction, this paper examines the development of a QR code-based tracking app called Zwaai (‘Wave’ in Dutch), where its designers explicitly positioned the app as an alternative to the predominant Bluetooth and GPS-based approaches. Through analyzing these designers’ choices, this paper argues that QR code infrastructures can work to surface a set ofethical–political seams, two of which are discussed here—responsibilizationandnetworked (im)permanence—that more ‘seamless’ protocols like Bluetooth actively aim to bypass, and which may go otherwise unnoticed by existing ethical frameworks. (shrink)

We prove a number of results motivated by global questions of uniformity in computabi- lity theory, and universality of countable Borel equivalence relations. Our main technical tool is a game for constructing functions on free products of countable groups. We begin by investigating the notion of uniform universality, first proposed by Montalbán, Reimann and Slaman. This notion is a strengthened form of a countable Borel equivalence relation being universal, which we conjecture is equivalent to the usual notion. With this additional (...) uniformity hypothesis, we can answer many questions concerning how countable groups, probability measures, the subset relation, and increasing unions interact with universality. For many natural classes of countable Borel equivalence relations, we can also classify exactly which are uniformly universal. We also show the existence of refinements of Martin’s ultrafilter on Turing invariant Borel sets to the invariant Borel sets of equivalence relations that are much finer than Turing equivalence. For example, we construct such an ultrafilter for the orbit equivalence relation of the shift action of the free group on countably many generators. These ultrafilters imply a number of structural properties for these equivalence relations. (shrink)

Scientists from Einstein to Sagan have linked emotions like awe with the motivation for scientific inquiry, but no research has tested this possibility. Theoretical and empirical work from affective science, however, suggests that awe might be unique in motivating explanation and exploration of the physical world. We synthesize theories of awe with theories of the cognitive mechanisms related to learning, and offer a generative theoretical framework that can be used to test the effect of this emotion on early science learning.

Ancient thought, particularly that of Plato and Aristotle, has played an important role in the development of the field of aesthetics, and the ideas of ancient thinkers are still influential and controversial today. "Ancient Aesthetics "introduces and discusses the central contributions of key ancient philosophers to this field, carefully considering their theories regarding the arts, especially poetry, but also music and visual art, as well as the theory of beauty more generally. With a focus on Plato and Aristotle, the philosophers (...) who have given us their thought about the arts at the greatest length, this volume also discusses Hellenistic aesthetics and Plotinus theory of beauty, which was to prove very influential in later thought. "Ancient Aesthetics "is a valuable contribution to its field, and will be of interest to students of philosophy and classics. ". (shrink)

Hume’s understanding of sympathy in section 2.1.11 of the Treatise—that it is a mental mechanism by means of which one sentient being can come to share the psychological states of another—has a particularly interesting implication. What the sympathizer receives, according to this definition, is the passing psychological “affection” that the object of his sympathy was experiencing at the moment of observation. Thus the psychological connection produced by Humean sympathy is not between the sympathizer and the “other” as a “whole person” (...) existing through time, but between the sympathizer and the other’s current mental state, detached from his or her diachronic psychological life. Some commentators profess themselves dissatisfied with the impersonality of this “limited sympathy”. John Bricke, for example, argues that the Humean sympathizer sympathizes with “atomistically rendered desires of some individual who is, thus far, of no further concern,” while Philip Mercer writes more bluntly that Hume’s definition omits the “practical concern for the other” that is the essence of sympathy’s contribution to moral psychology. (shrink)

Volume 17, Issue 5, November 2020, Page 510-526.

ABSTRACT In July 2018 the Twitter hashtag #secondcivilwarletters began trending as part of a collective response to conservative media personality Alex Jones’ warning that Democratic supporters were planning to launch a Second Civil War on Independence Day. The response consisted of tweets in the form of parodic letters written as though they were from the American Civil War period, and engaged in a collective form of political commentary and discussion, mostly displaying an anti-Republican and anti-Trump sentiment. This article analyses the (...) different ways the tweeters used Twitter and the #secondcivilwarletters hashtag to engage in the humorous discursive delegitimisation of President Trump and Republicans. It was found that the strategies of authorisation, moral evaluation, rationalisation, and mythopoeisis featured prominently in the tweets and, combined with the humorous edge, nourished the political participation and discourse of this online community. (shrink)

Considers the significance that Hume attached to mental activity -- the "craving ... of the human mind ... for exercise and employment" -- with respect to the phenomena of truth-seeking, amusement and morality.

Antifertility vaccination is a proposed method of contraception that induces infertility through an immunological response to specific reproductive targets. The following essay analyzes several peer-reviewed articles to identify these potential targets and then determines the bioethical implications of vac­cine use through the lens of Thomistic personalism. Vaccines that intentionally utilize a contraceptive action violate the principles of totality, integrity, and inseparability; while vaccines that intentionally utilize a contragestive action additionally violate the principles of inviolability of human life and non-maleficence. An (...) exception may exist in cases where application is directed at the treatment of specific pathologies. These cases may be tolerated using the principle of double effect when certain conditions are met. Furthermore, the safeguarding of informed consent may prove problematic if contraception is integrated with established vaccine programs. (shrink)

There is a traditional view concerning the relation between mind and matter, knower and known. It posits a bifurcation between the two, maintaining, as Ryle puts it, that mind and matter are two distinct orders of existence. This traditional view comes, in large part, from Descartes. James rejects the traditional view, arguing instead for a close relationship between thought and object. His argument contains two components. The first stresses the close functional relationship between thought and object in our everyday experience. (...) James argues here that true thoughts do or can lead us to their objects, culminating in prosperous interaction with them. The second part of James's argument holds that in pure experience--the original flow of data within which all distinctions are to be made--there is no distinction yet made between mind and matter, knower and known. These distinctions arise only later as conceptual tools for bringing organization to the original presentations. Any given element of pure experience is categorized twice, once as an element of the physical world, and a second time as an element of the perceiver's own mental history. The conclusion, then, is that James: shows that thought and object work together in a close functional relationship in ordinary experience; and argues that they arise from one homogeneous pure experience. ;A number of criticisms were directed against James's view, including: Lovejoy's, arguing that the incompatibilities of thought and object preclude the possibility of their arising from one homogeneous source; Russell's and Perry's, arguing that James's theory is unable to extricate itself from idealism; Miller's and Bode's, arguing that James's view contradicts one of his own important tenets in The Principles of Psychology; and an argument that James is unable to account for the agency by means of which pure experience gets organized. ;James can reply plausibly to all of these criticisms including the difficult issue of the self. On this question a consistent understanding of James's basic assumptions is required. ;Finally, James's viewpoint offers an interesting critical perspective on certain contemporary theories of mind-brain identity. (shrink)

What can well-meaning people do about terror and genocide? The more we fight against systems of violence, the further we seem to sink into them. This book explores the lives and letters of ordinary and intellectual Germans who faced the ethical challenges of the Third Reich. Trained in history, literary criticism, philosophy, and theology, its four authors look at the role of myths, lies, non-conformity, irony, and modeling in cultivating a self. They explain how we might use these ordinary strategies (...) of selfhood to bear the burden of historical responsibility and be happy doing so.". (shrink)