BackgroundNo standard method exists to assess how many consults a healthcare ethics consultation (HCEC) service should perform. To address this, we developed a method to estimate the volume of HCEC services based on a mixed-methods approach that included a systematic review and survey data on the volume of consult services requested.MethodsOur investigation included a systematic review of studies that reported the volume of HCEC services that were requested from 2000 to 2017, institutional surveys, and statistical analyses that estimated the volume (...) of HCEC services that were adjusted to the size of the hospitals in the survey and to population acuity.ResultsWe contacted the authors of 19 studies that met our inclusion criteria; 17 authors responded to the institutional survey and five provided annualized data points. We found that standard methods of reporting the volume of HCEC services led to inaccuracies in estimating the growth of HCEC services over time. To rectify this, we proposed two means to estimate volume based on either the service goals of HCEC services or hospital size and acuity.DiscussionThe statistical limitations of our study highlight the need to standardize the sharing and reporting of data in clinical ethics. Future work should further standardize methods of HCEC quality assessment using measures similar to those we describe. (shrink)

For over three decades, clinical ethicists in the United States have recorded their consulting activities to supplement documentation in the medical record, often using locally developed instrument...

In lieu of an abstract, here is a brief excerpt of the content:Keeping Philosophy in Mind:Shadworth H. Hodgson's Articulation of the Boundaries of Philosophy and ScienceThomas W. StaleyIntroductionShadworth H. Hodgson's (1832–1912) contributions to Victorian intellectual discourse have faded from prominence over the past century. However, despite his current anonymity, Hodgson's case is important to an understanding of the historical split between philosophy and science in late nineteenth century Britain. In particular, his example illuminates the specific role played by developing concepts (...) of the mind in a period of deep transition in the British intellectual community. His virtual disappearance from the record, I contend, is indicative also of the disappearance of his form of philosophy as a vital social project. His ideas, rather than being rejected, were instead largely neglected—they became lost as philosophical discussion moved elsewhere, both conceptually and institutionally. However, in the inaugural volume of Mind in 1876, Hodgson's ideas initially found a prominent place in a central dialogue over the position of philosophy with respect to science. There, and throughout his career, Hodgson engaged in the defense of an intellectual tradition he regarded as under threat from psychological science. Both his particular formulation of an ongoing role for philosophy and his own uneasy position in the intellectual environment of late Victorian Britain shed significant light on an under-examined issue [End Page 289] of the period: the fraught relationship between philosophy and science as competing enterprises engaged in the study of the human mind."Philosophy" and "science" are easily construed as partnered intellectual complexes in modern Western society. However, closer scrutiny of the historical record shows that the two terms—whether as theoretical referents or actors' categories—have often reflected divergent priorities and that transitions from "philosophical" to "scientific" terms have been contentious. In examining the birth of natural science out of natural philosophy during the Enlightenment, the historian Andrew Cunningham has emphasized how the reordering of intellectual fields created new conflictive relationships between philosophy, science, and religion.1 He reminds us that the process of scientific secularization was but one of a set of constitutive shifts among these human activities, and that the earlier natural philosophy thus played by fundamentally different rules than its successor. A similar story can be told about the late nineteenth-century transition I am considering: in a nutshell, to borrow a phrase from Cunningham, men did not start doing mental science until they stopped doing moral philosophy. However, this time, philosophy already stood in competition with existing scientific institutions, sparking a more severe contest for authority. As mental science began to develop along the lines of the natural disciplines, Hodgson and others feared little would remain as a distinctive domain for philosophy as such, moral or otherwise. His efforts on the part of philosophy thus represent one front in an intellectual "turf war"—what recent scholars have called "boundary work," shoring up the institutional positions of different intellectual enterprises competing for authority in the world.2 Gieryn's formative analysis of boundary work was based on the contemporaneous example of John Tyndall's campaign to promote scientific over religious authority in Victorian Britain, but this was much more than a two-way struggle. The early career of Mind bears witness to a closely related, but less discussed, battle for influence between philosophy and science, in which the journal itself served as a critical "boundary object," a medium for enforcement of the distinctions between these two intellectual fields.3 [End Page 290]Thomas Dixon has recently surveyed the origins of this shift. Like Cunningham, Dixon emphasizes the constitutive differences in scope and orientation of the two intellectual enterprises, salient among them the secularization of the new human sciences.4 This process—begun tentatively by Thomas Brown and brought to fruition by Bain, Spencer, and Darwin—involved wholesale shifts in the scholarly linguistic complex, from a set of several mental categories rooted in Christian philosophical categories—affections, passions, sentiments, etc.—to a novel, explicitly "scientific," and singular grouping of emotions. While the older tradition dominant until mid-century had understood the broad range of mental phenomena as largely rational and voluntary, the new emotions were formulated as more circumscribed in purview, subconscious or autonomic in action... (shrink)

Since Hilary Putnam offered multiple realization as an empirical hypothesis in the 1960s, philosophical consensus has turned against the idea that mental processes are identifiable with brain processes, and multiple realization has become the keystone of the 'antireductive consensus' across philosophy of science. Thomas W. Polger and Lawrence A. Shapiro offer the first book-length investigation of multiple realization, which serves as a starting point to a series of philosophically sophisticated and empirically informed arguments that cast doubt on the generality (...) of multiple realization in the cognitive sciences. They argue that mind-brain identities have played an important role in the growth and achievements of the cognitive sciences, and suggest that there is little prospect for multiple realization in an empirically-based theory of mind. This leads Polger and Shapiro to offer an alternative framework for understanding explanations in the cognitive sciences, as well as in chemistry, biology, and other non-basic sciences. (shrink)

Although many challenges remain, business ethics is flourishing in North America. Prominent organizations give annual business ethics awards, investments in socially screened mutual funds are increasing, ethics officers and corporate ombudspersons are more common and more influential, and new ideas are being tested in practice. On the academic side, two major journals specializing in business ethics are well-established and other major journals often include articles on business ethics and new organizations emphasizing ethics have been initiated. Within business schools, the number (...) of endowed chairs is growing and the ethics curriculum is expanding. Canada is a major player in the business ethics discipline while business ethics in Mexico is just beginning to emerge as a focus of interest in both the business and academic communities. (shrink)

In Natural Minds Thomas Polger advocates, and defends, the philosophical theory that mind equals brain -- that sensations are brain processes -- and in doing so brings the mind-brain identity theory back into the philosophical debate about consciousness. The version of identity theory that Polger advocates holds that conscious processes, events, states, or properties are type- identical to biological processes, events, states, or properties -- a "tough-minded" account that maintains that minds are necessarily indentical to brains, a position held (...) by few current identity theorists. Polger's approach to what William James called the "great blooming buzzing confusion" of consciousness begins with the idea that we need to know more about brains in order to understand consciousness fully, but recognizes that biology alone cannot provide the entire explanation. Natural Minds takes on issues from philosophy of mind, philosophy of science, and metaphysics, moving freely among them in its discussion.Polger begins by answering two major objections to identity theory -- Hilary Putnam's argument from multiple realizability and Saul Kripke's modal argument against mind-brain identity. He then offers a detailed account of functionalism and functional realization, which offer the most serious obstacle to consideration of identity theory. Polger argues that identity theory can itself satisfy the kind of explanatory demands that are often believed to favor functionalism. (shrink)

Feeling moved or touched can be accompanied by tears, goosebumps, and sensations of warmth in the centre of the chest. The experience has been described frequently, but psychological science knows little about it. We propose that labelling one’s feeling as being moved or touched is a component of a social-relational emotion that we term kama muta. We hypothesise that it is caused by appraising an intensification of communal sharing relations. Here, we test this by investigating people’s moment-to-moment reports of feeling (...) moved and touched while watching six short videos. We compare these to six other sets of participants’ moment-to-moment responses watching the same videos: respectively, judgements of closeness, reports of weeping, goosebumps, warmth in the centre of the chest, happiness, and sadness. Our eighth time series is expert ratings of communal sharing. Time series analyses show strong and consistent cross-correlations of feeling moved and touched and closeness with each other and with each of the three physiological variables and expert-rated communal sharing – but distinctiveness from happiness and sadness. These results support our model. (shrink)

May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...) crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

This chapter contains sections titled: Background: mapping the field of business ethics The evolution of social contract approaches to business ethics Integrative social contracts theory (ISCT) Remaining issues and promising research directions for contractarian business ethics.

Extant social contracts, deriving from communities of individuals, constitute a significant source of ethical norms in business. When found consistent with general ethical theories through the application of a filtering test, these real social contracts generate prima facie duties of compliance on the part of those who expressly or impliedly consent to the terms of the social contract, and also on the part of those who take advantage of the instrumental value of the social contracts. Businesspeople typically participate in multiple (...) communities and, as a consequence, encounter conflicting ethical norms. Priority rules can be devised to resolve such conflicts. The framework of extant social contracts merges normative and theoretical research in business ethics and specifies a domain for empirical studies. (shrink)

Trust is difficult to define. Instead of doing so, I propose that the best way to understand the concept is through a genealogical account. I show how a root notion of trust arises out of some basic features of what it is for humans to live socially, in which we rely on others to act cooperatively. I explore how this concept acquires resonances of hope and threat, and how we analogically apply this in related but different contexts. The genealogical account (...) explains both why the notion has such value for us and why it is difficult to define. (shrink)

During the past ten years Integrative Social Contracts Theory (ISCT) has become part of the repertoire of specialized decision-oriented theories in the business ethics literature. The intention here is to (1)␣provide a brief overview of the structure and strengths of ISCT; (2) identify recurring themes in the extensive commentary on the theory including brief mention of how ISCT has been applied outside the business ethics literature; (3) describe where research appears to be headed; and (4) specify challenges faced by those (...) who seek to reform ISCT. Key themes in the critiquing literature relate to (a) the identification process for hypernorms; (b) justification of the recognition of hypernorms; (c) proposals for considering meso or meta norms; (d)␣clarification of the relationship between stakeholder concepts and ISCT; (e) problems with potentially unoccupied moral free space; (f) sources of ethical obligation within the ISCT framework; and (g) the potential role for concepts of stakeholder dialogue and engagement. (shrink)

This paper critiques the view that consciousness is likely something extra which accompanies or is produced by neural states, something beyond the functional cognitive processes realized in the brain. Such a view creates the `explanatory gap'between function and nomenology which many suppose cannot be filled by functionalist theories of mind. Given methodological considerations of simplicity, ontological parsimony, and theoretical conservatism, an alternative hypothesis is recommended, that subjective qualitative experience is identical to certain information-bearing, behaviour-controlling functions, not something which emerges from (...) them. This hypothesis explains the isomorphism between the structure of experience and neural organization, while providing a naturalistic account of qualiait's relational properties of informational states, not a sparate ontology of phenomenal essences. On this functionalist view, the hard, empirical problem of consciousness is to discover precisely which neural functions constitute subjective experience. (shrink)

This paper extends the discussion of guanxi beyond instrumental evaluations and advances a normative assessment of guanxi. Our discussion departs from previous analyses by not merely asking, Does guanxi work? but rather Should corporations use guanxi? The analysis begins with a review of traditional guanxi definitions and the changing economic and legal environment in China, both necessary precursors to understanding the role of guanxi in Chinese business transactions. This review leads us to suggest that there are distinct types of, and (...) uses for guanxi. We identify the potentially problematic aspects of certain forms of guanxi from a normative perspective, noting among other things, the close association of particular types of guanxi with corruption and bribery. We conclude that there are many different forms of guanxi that may have distinct impacts on economic efficiency and the well-being of ordinary Chinese citizens. Consistent with Donaldson and Dunfee (1999), we advocate a particularistic analysis of the different forms of guanxi. (shrink)

The words quoted above distill the common secular conception of death. If we decline the traditional religious reassurances of an afterlife, or their fuzzy new age equivalents, and instead take the hard-boiled and thoroughly modern materialist view of death, then we likely end up with Gonzalez-Cruzzi. Rejecting visions of reunions with loved ones or of crossing over into the light, we anticipate the opposite: darkness, silence, an engulfing emptiness. But we would be wrong.

Phenomenal consciousness is often thought to involve a first-person perspective or point of view which makes available to the subject categorically private, first-person facts about experience, facts that are irreducible to third-person physical, functional, or representational facts. This paper seeks to show that on a representational account of consciousness, we don't have an observational perspective on experience that gives access to such facts, although our representational limitations and the phenomenal structure of consciousness make it strongly seem that we do. Qualia (...) seem intrinsic and functionally arbitrary, and thus categorically private, because they are first-order sensory representations that are not themselves directly represented. Further, the representational architecture that on this account instantiates conscious subjectivity helps to generate the intuition of observerhood, since the phenomenal subject may be construed as outside, not within, experience. Once the seemings of private phenomenal facts and the observing subject are discounted, we can understand consciousness as a certain variety of neurally instantiated, behaviour controlling content, that constituted by an integrated representation of the organism in the world. Neuroscientific research suggests that consciousness and its characteristic behavioural capacities are supported by widely distributed but highly integrated neural processes involving communication between multiple functional sub- systems in the brain. This 'global workspace' may be the brain's physical realization of the representational architecture that constitutes consciousness. (shrink)

With each of our three criminal-law topics—defining offenses, apprehending suspects, and establishing punishments—we feel, I believe, strong moral resistance to the idea that our practices should be settled by a prospective-participant perspective. This becomes quite clear when we look at how the “reforms” suggested by institutional viewing might combine once we consider all three topics together: imagine a more extensive and swifter use of the death penalty in homicide cases coupled with somewhat lower standards of evidence; or think of backing (...) a strict-liability criminal statute with the death penalty. Of course, such “reforms” would increase the execution of innocents; but, their proponents will tell us, any penal system involves the punishment of some innocents, and, if it provides for the death penalty, the execution of some innocents. Moreover, why is it worse for innocents to be punished than for innocents to suffer an equivalent harm in some other way? Formulated from a prospective-participant perspective: Why not run a small risk of being innocently executed in exchange for reducing, much more significantly, the risk of dying prematurely in other ways? (shrink)

Firms possessing a unique competency to rescue the victims of a human catastrophe have a minimum moral obligation to devote substantial resources toward best efforts to aid the victims. The minimum amount that firms should devote to rescue is the largest sum of their most recent year’s investment in social initiatives, their five-year trend, their industry’s average, or the national average. Financial exigency may justify a lower level of investment. Alternative social investments may be continued if they have an equally (...) compelling rationale. These duties apply to the global pharmaceutical companies in the context of the AIDS pandemic in sub-Saharan Africa. (shrink)

This article develops a social epistemological analysis of Web-based search engines, addressing the following questions. First, what epistemic functions do search engines perform? Second, what dimensions of assessment are appropriate for the epistemic evaluation of search engines? Third, how well do current search engines perform on these? The article explains why they fulfil the role of a surrogate expert, and proposes three ways of assessing their utility as an epistemic tool—timeliness, authority prioritisation, and objectivity. “Personalisation” is a current trend in (...) Internet-delivered services, and consists in tailoring online content to the interests of the individual user. It is argued here that personalisation threatens the objectivity of search results. Objectivity is a public good; so there is a prima facie case for government regulation of search engines. (shrink)

Abstract:Social contract is rapidly becoming one of the significant alternatives for analyzing ethical issues in business. Contractarian approaches emphasizing consent as a means of justifying principles can provide needed context for rendering normative judgements concerning economic behaviors. Current research issues include developing tests of consent for both hypothetical and extant social contracts, and empirically testing the assumptions of the major contractarian approaches. Open questions include exploring the relationship between contractarian business ethics and other approaches, such as stakeholder management and virtue (...) based ethics; and analysis of the intersection of contractarian approaches with the findings and assumptions of the field of moral psychology. Finally, the managerial utility of social contract based approaches needs to be explored with emphasis on identifying “translator” concepts. (shrink)

Firms possessing a unique competency to rescue the victims of a human catastrophe have a minimum moral obligation to devote substantial resources toward best efforts to aid the victims. The minimum amount that firms should devote to rescue is the largest sum of their most recent year’s investment in social initiatives, their five-year trend, their industry’s average, or the national average. Financial exigency may justify a lower level of investment. Alternative social investments may be continued if they have an equally (...) compelling rationale. These duties apply to the global pharmaceutical companies in the context of the AIDS pandemic in sub-Saharan Africa. (shrink)

"Displaying a masterful grasp of the texts, the author shows how otherness forces itself upon the existentialist Sartre, gradually constraining him to modify his understanding of consciousness as omnipotent. The issue is Sartre’s discovery of the social and its conceptual assimilation into his individualistic, consciousness-oriented philosophy." —Thomas R. Flynn "This very successful and accessible scholarly book... is simultaneously a succinct and clear overview of Sartre’s philosophical works.... and a fresh consideration of Sartre’s body of work." —Choice "Busch’s admirably clear (...) and compact discussion is essential reading for Sartre scholars, since it powerfully addresses many issues dividing them... " —Ethics "... a useful overview of the evolution of Sartre’s thought... " —Review of Politics "... a thought provoking reassessment of Sartre's philosophical career." —Man and World "... succinct, richly documented survey... " —International Studies in Philosophy. (shrink)

Consider what the brain-state theorist has to do to make good his claims. He has to specify a physical–chemical state such that any organism (not just a mammal) is in pain if and only if (a) it possesses a brain of suitable physical–chemical structure; and (b) its brain is in that physical–chemical state. This means that the physical–chemical state in question must be a possible state of a mammalian brain, a reptilian brain, a mollusc’s brain (octopuses are mollusca, and certainly (...) feel pain), etc. At the same time, it must not be a possible (physically possible) state of the brain of any physically possible creature that cannot feel pain. Even if such a state can be found, it must be nomologically certain that it will also be a state of the brain of any extraterrestrial life that may be found that will be capable of feeling pain before we can even entertain the supposition that it may be pain. It is not altogether impossible that such a state will be found... . But this is certainly an ambitious hypothesis. (Putnam 1967/1975, p. 436) The belief that mental states are multiply realized is now nearly universal among philosophers, as is the belief that this fact decisively refutes the identity theory. I argue that the empirical support for multiple realization does not justify the confidence that has been placed in it. In order for multiple realization of mental states to be an objection to the identity theory, the neurological differences among pains, for example, must be such as to guarantee that they are of distinct neurological kinds. But the phenomena traditionally cited do not provide evidence of that sort of variation. In particular, examples of neural plasticity do not provide such evidence. (shrink)

According to the received view in philosophy of mind, mental states or properties are _realized_ by brain states or properties but are not identical to them. This view is often called _realization_ _physicalism_. Carl Gillett has recently defended a detailed formulation of the realization relation. However, Gillett’s formulation cannot be the relation that realization physicalists have in mind. I argue that Gillett’s “dimensioned” view of realization fails to apply to a textbook case of realization. I also argue Gillett counts as (...) realization some cases that should not count if realization physicalism is to be distinguished from its competitors in the usual ways. I conclude that the relation described by Gillett cannot be realization. (shrink)

Abstract:A marketplace of morality (MOM) is a place where individuals act under the influence of their moral desires. A MOM produces an output representing the aggregate acted-upon moral preferences of its participants. Individual behavior is influenced by POPs, or passions of propriety. People implement POP preferences when they buy stock, purchase goods and services, choose jobs and so on. Firms respond by social cause marketing and other devices which encourage customers to align their social preferences with those represented by the (...) firm. The outputs of MOM constitute an important reference point for understanding business morality. Even so, the normative status of MOM outputs must be subject to principles of universal morality. A principle of greater preponderance is offered as a means for determining when a MOM output is ethically legitimate.A theory of moral choice, based upon the concept of a MOM, may have potential for providing a unifying framework integrating moral preferences, reasoning, behaviors and organizational contexts with broader political and economic concepts. (shrink)

Philosophy &Public Affairs, Volume 47, Issue 4, Page 412-424, Fall 2019.

Moral universalism centrally involves the idea that the moral assessment of persons and their conduct, of social rules and states of affairs, must be based on fundamental principles that do not, explicitly or covertly, discriminate arbitrarily against particular persons or groups. This general idea is explicated in terms of three conditions. It is then applied to the discrepancy between our criteria of national and global economic justice. Most citizens of developed countries are unwilling to require of the global economic order (...) what they assuredly require of any national economic order, for example, that its rules be under democratic control, that it preclude life-threatening poverty as far as is reasonably possible. Without a plausible justification, such a double standard constitutes covert arbitrary discrimination against the global poor. Key Words: contextualism • corruption • discrimination • Rawls • resource exports • world poverty. (shrink)

Fifty years ago J. J. C. Smart published his pioneering paper, “Sensations and Brain Processes.” It is appropriate to mark the golden anniversary of Smart’s publication by considering how well his article has stood up, and how well the identity theory itself has fared. In this paper I first revisit Smart’s text, reflecting on how it has weathered the years. Then I consider the status of the identity theory in current philosophical thinking, taking into account the objections and replies that (...) Smart discussed as well as some that he did not anticipate. Finally, I offer a brief manifesto for the identity theory, providing a small list of the claims that I believe contemporary identity theorist should accept. As it turns out, these are more or less the ones that Smart defended fifty years ago. (shrink)

Cognitivism about trust says that it requires belief that the trusted is trustworthy; non-cognitivism denies this. At stake is how to make sense of the strong but competing intuitions that trust is an attitude that is evaluable both morally and rationally. In proposing that one's respect for another's agency may ground one's trusting beliefs, second-personal accounts provide a way to endorse both intuitions. They focus attention on the way that, in normal situations, it is the person whom I trust. My (...) task is to develop an account of the latter insight without the controversial theoretical commitments of the former. I propose a functional account for why the second and third-personal ‘systems’ operate not just in parallel, but in tandem, in support of a cognitivist account of trust. (shrink)

This is the short version, in French translation by Anne Querrien, of the originally jointly authored paper: Müller, Vincent C., ‘Autonomous killer robots are probably good news’, in Ezio Di Nucci and Filippo Santoni de Sio, Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. - - - L’article qui suit présente un nouveau système d’armes fondé sur des robots qui risque d’être prochainement utilisé. À la différence des drones qui sont manoeuvrés à distance (...) mais comportent une part importante de discernement humain, il s’agit de machines programmées pour défendre, attaquer, ou tuer de manière autonome. Les auteurs, philosophes, préfèrent prévenir de leur prochaine diffusion et obtenir des Nations Unies leur régulation. Une campagne internationale propose plutôt leur interdiction. (shrink)

A project on teaching business ethics at The Wharton School concluded that ethics should be directly incorporated into key MBA courses and taught by the core business faculty. The project team, comprised of students, ethics faculty and functional business faculty, designed a model program for integrating ethics. The project was funded by the Exxon Education Foundation.The program originates with a general introduction designed to familiarize students with literature and concepts pertaining to professional and business ethics and corporate social responsibility. This (...) may be accomplished through orientation sessions, readings, packages, short classes and lectures. (shrink)

Abstract:A marketplace of morality (MOM) is a place where individuals act under the influence of their moral desires. A MOM produces an output representing the aggregate acted-upon moral preferences of its participants. Individual behavior is influenced by POPs, or passions of propriety. People implement POP preferences when they buy stock, purchase goods and services, choose jobs and so on. Firms respond by social cause marketing and other devices which encourage customers to align their social preferences with those represented by the (...) firm. The outputs of MOM constitute an important reference point for understanding business morality. Even so, the normative status of MOM outputs must be subject to principles of universal morality. A principle of greater preponderance is offered as a means for determining when a MOM output is ethically legitimate.A theory of moral choice, based upon the concept of a MOM, may have potential for providing a unifying framework integrating moral preferences, reasoning, behaviors and organizational contexts with broader political and economic concepts. (shrink)

This article reviews contributions to The Volitional Brain, some of which defend a libertarian, contra-causal account of free will, while others take a so-called compatibilist view, in which adequate conceptions of human liberty and moral responsibility are claimed to be compatible with naturalistic causality. Siding with compatibilism, this review finds that defenders of libertarian free will place undue weight on the first person feeling of freedom, while discounting scientific evidence that human choices are fully a function of antecedent causes at (...) various levels of description. It is argued that morality, justice, and personal responsibility and efficacy do not require the assumption that persons are first causes, so that we need not fear mechanism when applied to human agency. (shrink)

In the recent case of Nike v. Kasky both sides argued that their standard for distinguishing commercial speech from political speechwould create the better policy for ensuring accurate and complete disclosure of social information by corporations. Using insights frominformation economics, we argue that neither standard will achieve the policy goal of optimal truthful disclosure. Instead, we argue that the appropriate standard is one of optimal truthful disclosure—balancing the value of speech against the costs of misinformation. Specifically, we argue that an (...) SEC-sanctioned safe harbor available under a closely supervised system for social reporting will bring about optimal truthful disclosure. The scheme is intended to enhance stakeholder confidence in corporate social and political commentary, while at the same time encouraging corporations to provide accurate information in a fair playing field of public debate. (shrink)