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.

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 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)

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)

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)

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)

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)

This book attempts to reframe abortion rights by focusing not on a woman's right to choose abortion, but rather on a woman's right to consent to pregnancy. Drawing on legal, medical, and philosophical definitions of pregnancy, it disaggregates the consent to sexual intercourse from the consent to pregnancy and argues that men and women have equal right to bodily integrity, which is defined as the freedom from nonconsensual bodily intrusion. The work provides the grounds for a woman's right to an (...) abortion and state funding of abortions. (shrink)

Through the personal stories of managers running global business, this book takes an inside look into the dilemmas of managers who are asked to make profits ethically according to the dictates of their company's ethics code. It examines what companies `think" they are doing to help managers in those situations and how those managers are actually affected. Thanks to the boost from the 1991 Sentencing Guidelines which minimizes penalties for companies with ethics codes caught in ethical wrongdoing, more than 85% (...) of US companies and two thirds of all Canadian companies and half of all European companies now have Codes of Ethics. Yet, over and over, we hear of stories of personal dilemmas and conflicts experienced by individual managers navigating those business waters in other cultures. "Eileen Morgan does an excellent job of mapping the course for navigating the previously uncharted global ethical waters. By identifying best practices, she leads the reader on a journey from Surviving, to Understanding to Knowing the ethical issues that frequently confront international business people. This is a must read for anyone who wants to successfully compete in world markets." -Michael J. Litwin, Executive Vice President, Chief Credit Officer, Heller Financial, Inc. "Eileen Morgan has combined the pragmatic concerns of the individual manager with the moral concerns that come from personal-life history, cultural roots, and corporate ethical culture …This book focuses on the constructive task of formulating and using an "ethical map," and is sure to be a tonic to conscientious managers who want to navigate cross-cultural commerce with integrity. It has done a superb job of creating order out of the complexity of cross-cultural moral experience by insisting that the complexity must be honored and appropriated rather than ignored or suppressed." -Dr. Richard Beauchamp, Professor of Ethics, Christopher Newport University "In this groundbreaking book, Eileen Morgan has provided scores of real-life examples and developed a framework for approaching ethical leadership in international business. This is mandatory reading for anyone involved in global management today...This is an important book on an important subject." -Stephen H. Rhinesmith, Ph.D. Author, A Manager's Guide to Globalization "Eileen Morgan provides us with a much needed roadmap for how to walk the path of ethical leadership with practical feet. She reminds us that ethical decision-making is a critical aspect of every day leadership, and that we can all choose to be 'ethical pioneers' in our companies and our communities. Every leader engaged in global business can benefit from the lessons and stories included in this book." -Christi A. Olson, Ph.D. Chair, Telecommunications Management Department, Golden Gate University "Eileen Morgan's thoughtful analysis of 'ethical capital' should be read by anyone who does business in a global environment…Morgan's book presents the issue clearly, comprehensively and compellingly, demonstrating that ethics is an indispensable aspect of individual leadership and organizational credibility. …It provides a clear roadmap for business leaders who need to communicate their commitment to integrity and accountability to their employees, their partners, and their customer, making their 'ethical capital' one of their most valuable assets." -Nell Minnow, Principal, Lens, The Corporate Governance Investors "Eileen Morgan gives excellent insight into ethical practices. She focuses on business but her insights have general application. This book also describes differences in ethical interpretation that can arise between diverse cultures. Ms. Morgan has made an excellent contribution to understanding the benefit of positive ethical practices." -David C. Lincoln, Sponsor, Lincoln Center for Applied Ethics, College of Business, Arizona State University President, Arizona Oxides, LLC · First in-depth look at how managers in global companies actually bridge the gap between their organizations and their daily decisions · Explains the need for internal and external ethical operations¦and how organizations often create confusion rather than clarity with the label of "ethics". (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)

Theory of health care ethics -- Principles of health care ethics -- The moral status of gametes and embryos : storage and surrogacy -- The ethical challenges of the new reproductive technology -- Ethics and aging in America -- -- Healthcare ethics committees : roles, memberships, structure, and difficulties -- Ethics in the management of health information systems -- Technological advances in health care : blessing or ethics nightmare? -- Ethics and safe patient handling and mobility -- Spirituality and healthcare (...) organizations -- A new era of health care : the ethics of healthcare reform -- Health inequalities and health inequities -- The ethics of epidemics -- Ethics of disasters : planning and response -- Domestic violence : changing theory, changing practice -- Looking toward the future. (shrink)

As time goes by we will increasingly be marked more by abstract, distanced and imaginative renditions of the traumatic historical rupture of the Holocaust than by any personal or tangible connection - this article explores a bookwork/filmwork by artist Daniel Blaufuks engaging questions of what that might mean for us.

This case study examines the failure of top management at Putnam to exercise ethical behavior in the face of their clear knowledge of corruption in the company. Market timing by employees was expressly forbidden by Putnam. Six employees, including two portfolio managers, repeatedly engaged in market timing activities from 1998 to 2003, garnering over a million dollars in personal profit. The CEO and key senior executives had factual knowledge of the abuses. Management failed to stop the abuses or to discipline (...) those involved until faced with charges from government regulators. By failing to do so, top management breached ethical duties to its shareholders and inflicted serious damage on the organization. The end results of top management's failure to address ethical violations were significant outflow of assets from Putnam's funds, payment of penalties, and loss of trust among investors. This case raises awareness about ethical issues surrounding mutual fund trading practices and the impact that top management can have on the ethical behavior of employees. (shrink)

Catholic employers and employees have been under increasing attack in the last fifty years by a growing number of public policy encroachments in the workplace that are in direct conflict with their religious convictions. In some instances, these threats have been successfully parried. Others remain a source of serious conflict. This article will summarize highlights of the last fifty years of public policy and jurisprudence as they relate to the ability of Catholic institutions to practice and enforce non-negotiable Catholic moral (...) doctrines. (shrink)

This article explores the epistemological and strategic issues facing feminists embarking upon narrative explorations into women's experiences. It considers the implications for feminist epistemology of acknowledging women's participation in dominant ideologies about their social role. Focusing upon questions of women's agency, it asks how this `conforming knowledge' might complicate postmodernist feminist notions of resisting and reconstructing law's categorisation of `Woman'. It also represents an attempt to clarify, in advance of my own analysis of women's agency in abortion decision-making, why postmodern (...) feminists might talk to women – the `subjects' of law's constructive power. It seeks additionally to open a discussion among a wider audience of feminists about what we might do with the information uncovered through listening to women's own stories in an area pronounced upon authoritatively by a multitude of discourses. (shrink)

This book provides a unique examination on the ways in which educating the whole child in the community school serves to ameliorate the conditions of poverty and obstacles to learning faced by students. Using a case study approach the book will highlight the successful journey of one school that transformed itself into a "community" school.