Last year marked the 20th anniversary of the Foreign Corrupt Practices Act (FCPA) of 1977. The FCPA is the first and only statute prohibiting bribery and other corrupt business practices by U.S. citizens and companies conducting business overseas. This paper provides an overview of the FCPA during the two decades of its existence. More specifically, the objectives of this paper are four-fold. First, the paper provides background information about the FCPA of 1977 and subsequent amendments in 1988. Second, the paper (...) discusses the enforcement of the FCPA since its passage by examining the number of cases prosecuted under the FCPA and the respective penalties imposed. Third, the paper discusses the economic impact of the FCPA by addressing whether the FCPA places U.S. firms at a competitive disadvantage. Fourth, the paper provides public policy recommendations to expand the reach and scope of the FCPA. It covers efforts to criminalize bribery through multilateral organizations, such as the Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO), and the Organization of American States (OAS). It also covers bilateral arrangements and efforts by non-governmental organizations such as Transparency International. (shrink)

In this work, we provide a broad overview of the distinct stages of E-Discovery. We portray them as an interconnected, often complex workflow process, while relating them to the general Electronic Discovery Reference Model (EDRM). We start with the definition of E-Discovery. We then describe the very positive role that NIST’s Text REtrieval Conference (TREC) has added to the science of E-Discovery, in terms of the tasks involved and the evaluation of the legal discovery work performed. Given the critical nature (...) that data analysis plays at various stages of the process, we present a pyramid model, which complements the EDRM model: for gathering and hosting; indexing; searching and navigating; and finally consolidating and summarizing E-Discovery findings. Next we discuss where the current areas of need and areas of growth appear to be, using one of the field’s most authoritative surveys of providers and consumers of E-Discovery products and services. We subsequently address some areas of Artificial Intelligence, both Information Retrieval-related and not, which promise to make future contributions to the E-Discovery discipline. Some of these areas include data mining applied to e-mail and social networks, classification and machine learning, and the technologies that will enable next generation E-Discovery. The lesson we convey is that the more IR researchers and others understand the broader context of E-Discovery, including the stages that occur before and after primary search, the greater will be the prospects for broader solutions, creative optimizations and synergies yet to be tapped. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

Bioregionalists have championed the utility of the concept of the watershed as an organizing framework for thought and action directed to understanding and implementing appropriate and respectful human interaction with particular pieces of land. In a creative analogue to the watershed, permaculturist Arthur Getz has recently introduced the term “foodshed” to facilitate critical thought about where our food is coming from and how it is getting to us. We find the “foodshed” to be a particularly rich and evocative metaphor; but (...) it is much more than metaphor. Like its analogue the watershed, the foodshed can serve us as a conceptual and methodological unit of analysis that provides a frame for action as well as thought. Food comes to most of us now through a global food system that is destructive of both natural and social communities. In this article we explore a variety of routes for the conceptual and practical elaboration of the foodshed. While corporations that are the principal beneficiaries of a global food system now dominate the production, processing, distribution, and consumption of food, alternatives are emerging that together could form the basis for foodshed development. Just as many farmers are recognizing the social and environmental advantages to sustainable agriculture, so are many consumers coming to appreciate the benefits of fresh and sustainably produced food. Such producers and consumers are being linked through such innovative arrangements as community supported agriculture and farmers markets. Alternative producers, alternative consumers, and alternative small entrepreneurs are rediscovering community and finding common ground in municipal and community food councils. Recognition of one's residence within a foodshed can confer a sense of connection and responsibility to a particular locality. The foodshed can provide a place for us to ground ourselves in the biological and social realities of living on the land and from the land in a place that we can call home, a place to which we are or can become native. (shrink)

Economists have always recognised that human endeavours are constrained by our limited and uncertain knowledge, but only recently has an accepted theory of uncertainty and information evolved. This theory has turned out to have surprisingly practical applications: for example in analysing stock market returns, in evaluating accident prevention measures, and in assessing patent and copyright laws. This book presents these intellectual advances in readable form for the first time. It unifies many important but partial results into a satisfying single picture, (...) making it clear how the economics of uncertainty and information generalises and extends standard economic analysis. Part One of the volume covers the economics of uncertainty: how each person adapts to a given fixed state of knowledge by making an optimal choice among the immediate 'terminal' actions available. These choices in turn determine the overall market equilibrium reflecting the social distribution of risk bearing. In Part Two, covering the economics of information, the state of knowledge is no longer held fixed. Instead, individuals can to a greater or lesser extent overcome their ignorance by 'informational' actions. The text also addresses at appropriate points many specific topics such as insurance, the Capital Asset Pricing model, auctions, deterrence of entry, and research and invention. (shrink)

This study investigates the strategies for learning Cantonese that are adopted by non-Chinese English-speaking ethnic minority university students in Hong Kong. The aim is to identify the challenges these students face in applying their strategies to learn Cantonese and to explore their learning experiences when implementing them. Drawing on questionnaire surveys and semi-structured interviews with 30 EM students at a university in Hong Kong, this study identifies these learners’ strategies, elicits their views on the use of these strategies and examines (...) their learning experiences. The findings suggest that EM students are “medium strategy users,” with social strategies being their most commonly used types of learning strategies, followed by compensation and metacognitive strategies. The more proficient Cantonese users tend to use metacognitive strategies that promote planning and are goal-oriented. Taken together, this study sheds light on the complex interplay of sociocultural variables in shaping EM university students’ Cantonese learning experience in Hong Kong. It also highlights the importance of analysing EM students’ linguistic repertoire and the local language ecology in understanding Cantonese learning in a multilingual context like Hong Kong. (shrink)

Both RalA and RalB interact with the ubiquitous calcium sensor, calmodulin (CaM). New structural and biophysical characterisation of these interactions strongly suggests that, in the native membrane‐associated state, only RalA can be extracted from the membrane by CaM and this non‐canonical interaction could underpin the divergent signalling roles of these closely related GTPases. The isoform specificity for RalA exhibited by CaM is hypothesised to contribute to the disparate signalling roles of RalA and RalB in mitochondrial dynamics. This would lead to (...) CaM shuttling RalA to the mitochondrial membrane but leaving RalB localisation unperturbed, and in doing so triggering mitochondrial fission pathways rather than mitophagy. (shrink)

This chapter contains sections titled: Moral Argument Science and Health Argument Social Policy Argument.

This article challenges the current scholarly consensus that Suetonius wrote the Divus Iulius regardless of Plutarch. Closer examination of the Caesar-biographies shows which influence Plutarch has exerted by his biographic works on Suetonius and reveals that the dominant position in the classical studies is obsolete. This paper scrutinises not only clearly defined knowledge of the Quellenforschung, but illuminates also the role model of Plutarch. Before it is possible to assess the dependence of the Divus Iulius from the Καισαρ, I will (...) reopen the case of the composition dates, examine the literary circles as a space of interaction and look on Plutarch’s reception in Rome. (shrink)

Introduction to the special issue, "Belief, Reconsidered".

Excellence in the care of hospital patients, particularly those in an intensive care unit, reflects esprit de corps among the care team. Esprit de corps depends on a delicate balance; each clinician must preserve a sense of personal responsibility for “my” patient and yet participate in the collaborative work essential to the care of “our” patient. A harmful imbalance occurs when a physician demands total control of the decision-making process, especially concerning end-of-life treatment options. Although emotional factors may push a (...) physician to claim decision-making exclusivity, compounded by a legal framework that overemphasizes individual responsibility, esprit de corps can be preserved through timely communication among clinicians and a recognition that optimal care for “my” patient requires effective team practice. (shrink)

Few diagnoses present as great a challenge to one's life as cancer. Many men each year are confronted with a diagnosis of early stage prostate cancer and find themselves making decisions about treatment in the face of side effects that present often devastating effects, including problems controlling one's urine and an inability to perform sexually. In this paper, we explore the narratives of men who, having chosen and undergone treatment for early stage prostate cancer, are living with the consequences. Faced (...) with what Charmaz calls an ‘identity dilemma’, how do these men linguistically construct their identities in the face of challenges to their bodily, personal, and social integrity? Drawing upon theories of social languages and Discourses, we examine how men linguistically resolve the identity dilemmas they encounter and in turn construct an identity in response to a question about the quality of their lives in the face of the adverse event of prostate cancer. We present an analysis of the interview narratives of two men and show how they ‘re-collage’ an identity in the face of fundamental changes in their functioning as men. We argue that these men draw upon alternative discourses to construct themselves as whole, competent, and ‘no less a man'. (shrink)

This book provides the Latin text and its annotated English translation of the question-commentary of John Buridan (ca. 1300-1360) on Aristotle’s “On the Soul”. Buridan was the most influential Parisian nominalist philosopher of his time. His work speaks across centuries to our modern concerns in the philosophy of mind. This volume completes the project of a volume published earlier in the same series: “Questions on the Soul by John Buridan and Others”. An appealing book for scholars of Aristotle and those (...) who are in the field of Medieval philosophy. (shrink)

Recent accounts on the global workspace theory suggest that consciousness involves transient formations of functional connections in thalamo-cortico-cortical networks. The level of connectivity in these networks is argued to determine the state of consciousness. Emotions are suggested to play a role in shaping consciousness, but their involvement in the global workspace theory remains elusive. In the present study, the role of emotion in the neural workspace theory of consciousness was scrutinized by investigating, whether unconscious and conscious display of emotional compared (...) to neutral facial expressions would differentially modulate EEG coherence. EEG coherence was measured by means of computing an average EEG coherence value between the frontal, parietal, and midline scalp sites. Objective awareness checks evidenced that conscious identification of the masked facial expressions was precluded. Analyses revealed reductions in EEG coherence in the lower frequency range for the masked as compared to unmasked neutral facial expressions. Crucially, a decline in EEG coherence was not observed for the emotional facial expressions. In other words, the level of EEG coherence did apparently vary as a function of awareness, but not when emotion was involved. The current finding suggests that EEG coherence is modulated by unconscious emotional processes, which extends common views on the global workspace architecture of consciousness. (shrink)

Lewis proposes a solution for bridging the gap between cognitive-psychological and neurobiological theories of emotion in terms of dynamic systems modeling. However, an important brain network is absent in his account: the neuroendocrine system. In this commentary, the dynamic features of the cross-talk between the hypothalamic-pituitary-adrenal (HPA) and gonadal (HPG) axes are discussed within a triple-balance model of emotion.

Seeking to unlock the secrets of consciousness, neuroscientists have been studying neural correlates of sensory awareness, such as meaningless randomly moving dots. But in the natural world of species' survival, “raw feelings” mediate conscious adaptive responses. Merker connects the brainstem with vigilance, orientating, and emotional consciousness. However, depending on the brain's phylogenetic level, raw feeling takes particular forms. (Published Online May 1 2007).

Mazur & Booth's (1998) target article concerns basal and reciprocal relations between testosterone and dominance, and has its roots in Mazur's (1985; 1994) model of primate dominance-submissiveness interactions. Threats are exchanged in these interactions and a psychological stress-manipulation mechanism is suggested to operate, making sure that face-to-face dominance contests are usually resolved without aggression. In this commentary, a recent line of evidence from human research on the relation between testosterone, cortisol, and vigilant (dominant) and avoidant (submissive) responses to threatening “angry” (...) faces is discussed. Findings, to a certain extent, converge with Mazur & Booth's theorizing. However, the strongest relations have been found in subliminal exposure conditions, suggesting that biological instead of psychological mechanisms are involved. (shrink)

Transcranial magnetic stimulation (TMS) is a method capable of transiently modulating neural excitability. Depending on the stimulation parameters information processing in the brain can be either enhanced or disrupted. This way the contribution of different brain areas involved in mental processes can be studied, allowing a functional decomposition of cognitive behavior both in the temporal and spatial domain, hence providing a functional resolution of brain/mind processes. The aim of the present paper is to argue that TMS with its ability to (...) draw causal inferences on function and its neural representations is a valuable neurophysiological tool for investigating the causal basis of neuronal functions and can provide substantive insight into the modern interdisciplinary and (anti)reductionist neurophilosophical debates concerning the relationships between brain functions and mental abilities. Thus, TMS can serve as a heuristic method for resolving causal issues in an arena where only correlative tools have traditionally been available. (shrink)

Behrendt & Young (B&Y) propose an explanation for schizophrenia in terms of a cortical default in the interaction between consciousness and cognition. However, schizophrenia more likely involves miscommunication between subcortical and cortical affective circuits in the brain, a default in the interaction between consciousness and emotion. The typical “affective” nature of hallucinations in schizophrenia provides compelling evidence for subcortical involvement.

In this paper, I argue that for the purposes of ordinary reasoning, sentences about properties of concrete objects can be replaced with sentences concerning how things in our universe would be related to inscriptions were there a pluriverse. Speaking loosely, pluriverses are composites of universes that collectively realize every way a universe could possibly be. As such, pluriverses exhaust all possible meanings that inscriptions could take. Moreover, because universes necessarily do not influence one another, our universe would not be any (...) different intrinsically if there were a pluriverse. These two facts enable anti-realists about abstract objects to replace, e.g. talk of anatomical features with talk of the inscriptions concerning anatomical structure that would exist were there a pluriverse. The availability of such replacements enables anti-realists to carry out essential ordinary reasoning without referring to properties, thereby making room for a consistent anti-realist worldview. The inscriptions of the would-be pluriverse are so numerous and varied that sentences about them can play the roles in ordinary reasoning served by simple sentences about properties of concrete objects. (shrink)

The fact that genes and environment contribute differentially to variation in human behaviors, traits and attitudes is central to the field of behavior genetics. Perceptions about these differential contributions may affect ideas about human agency. We surveyed two independent samples (N = 301 and N = 740) to assess beliefs about free will, determinism, political orientation, and the relative contribution of genes and environment to 21 human traits. We find that lay estimates of genetic influence on these traits cluster into (...) four distinct groups, which differentially predict beliefs about human agency, political orientation, and religiosity. Despite apparent ideological associations with these beliefs, the correspondence between mean lay estimates and published heritability estimates for the surveyed traits is large (r = .77). Belief in genetic determinism emerges as a modest predictor of accuracy in these lay estimates. Additionally, educated mothers with multiple children emerge as particularly accurate in their estimates of the genetic contribution to these traits. (shrink)