The rising cost of the opioid antagonist and overdose reversal agent naloxone is an urgent public health problem. The recent and dramatic price increase of Evzio, a naloxone auto-injector produced by Kaléo, shows how pharmaceutical manufacturers entering the naloxone marketplace rely on market exclusivity guaranteed by the patent system to charge prices at what the market can bear, which can restrict access to life-saving medication. We argue that 28 U.S.C. § 1498, a section of the federal code that (...) allows the government to use patent-protected products for its own purposes in exchange for reasonable compensation, could be used to procure generic naloxone auto-injectors, or at least bring Kaléo to the negotiating table. Precedent exists for the use of § 1498 to procure pharmaceuticals, and it could give meaning to the federal government's recent declaration of a public health emergency around the opioid epidemic, discourage new market entrants from charging exorbitant prices, and yield important public health benefits. (shrink)

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, the rule of law, and administration (...) of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights. (shrink)

"Loss of Innocence explores the sunny, innocent mood of post-War America and the budding skepticism that began to creep into the minds of an overly-credulous public in the 1950s. Taking the quiz show scandals of the 1950s and the U-2 spy incident of 1960 as examples, the book argues that these two events shook the public and began to erode their blind faith in government and institutions, creating a credibility gap that haunts us to this day"--.

In Research Misconduct Policy in Biomedicine: Beyond the Bad-Apple Approach, Barbara Redman recommends that policy perspectives on research misconduct extend beyond the individual wrongdoer to encompass institutional and broader contexts. She rails against what she sees as a pervasive focus on the misbehavior of individuals that neglects organizational and psychosocial aspects of bad conduct. Her primary targets are the misconduct policies of the U.S. federal government and research institutions. In the U.S., research misconduct policy is grounded in the (...) federal definition of research misconduct as fabrication, falsification, and plagiarism. The Office of Research.. (shrink)

As the federal government distributed remdesivir to some of the states COVID-19 hit hardest, policymakers scrambled to develop criteria to allocate the drug to their hospitals. Our state, Michigan, was among those states to receive an initial quantity of the drug from the U.S. government. The disparities in burden of disease in Michigan are striking. Detroit has a death rate more than three times the state average. Our recommendation to the state was that it should prioritize the (...) communities that bear a disproportionate burden of suffering in the allocation of the new potential treatment. This recommendation is justified not only for new drugs with uncertain effects, but also for drugs of certain benefit or vaccines. For states with significant health disparities, such as Michigan, this allocation priority may help to repair them. In fact, any other allocation strategy may make them worse. (shrink)

In the forty‐year history of U.S. bioethics commissions, these government‐sanctioned forums have often demonstrated their power to address pressing problems and to enable policy change. For example, the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, established in 1974, left a legacy of reports that were translated into regulations and had an enormous practical impact. And the 1982 report Splicing Life, by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical (...) and Behavioral Research, became the basis for the National Institutes of Health's Recombinant DNA Advisory Committee as well as for the Food and Drug Administration's developing “Points to Consider” when contemplating the introduction of recombinant DNA into human beings. Some efforts of bioethics commissions, however, are not tightly connected to policy change or to outcomes directly linked to a specific report. While direct policy impact is indeed a useful metric for government bioethics commissions, it is not their only legitimate utility. For instance, bioethics commissions can also be incubators for deliberation on a hot topic, giving policy‐makers time to think through options while the political heat has some time to dissipate. Or a bioethics commission may stake out a position that enables a politician to take action while not necessarily following its recommendations. (shrink)

The current debate on U.S. housing policy focuses on the role of the government in supporting the mortgage market. Existing organizations (Fannie Mae/Freddie Mac) are in conservatorship status, and Congress is considering alternative structures and guarantees including the Johnson‐Crapo bill, to provide catastrophic insurance in support of the coverage from private companies. The resolution of this issue is complicated by the various activities involved in the issue—investment securities, public policy, macroeconomics, accounting, and insurance. This article reviews the impact of (...) these activities on U.S. housing, with a discussion of the feasibility of creating a catastrophic insurance program similar to that of the Federal Deposit Insurance Corporation. The federal government has successfully operated catastrophic insurance programs in support of private sector initiatives, and this experience—while certainly not perfect—may be a reasonable approach to the current Fannie/Freddie dilemma. (shrink)

For years there was no focus within the U.S. federal government for alternatives to animal toxicity testing. Questions coming to regulatory agencies fell upon individuals to address in the best way they could. Given this void, the ad hoc Interagency Regulatory Alternatives Group was founded by staff in a number of federal agencies in the late 1980s to coalesce efforts in the field. The group sponsored two international workshops on eye irritation, the first making proposals for change (...) in the current test method in rabbits, the second reviewing available data on in vitro alternatives. The result has been that the Organization for Economic Cooperation and Development (OECD) is considering revision of the in vivo eye irritation test guideline to incorporate a number of the workshop deliberations. However, movement of the in vitro eye irritation alternatives has been disappointing; attempts to determine their practical testing significance have thus far been unrewarding. (shrink)

Business and Society Review, Volume 127, Issue S1, Page 343-367, Spring 2022.

Institutional review board delays may hinder the successful completion of federally funded research in the U.S. military. When this happens, time-sensitive, mission-relevant questions go unanswered. Research participants face unnecessary burdens and risks if delays squeeze recruitment timelines, resulting in inadequate sample sizes for definitive analyses. More broadly, military members are exposed to untested or undertested interventions, implemented by well-intentioned leaders who bypass the research process altogether. To illustrate, we offer two case examples. We posit that IRB delays often appear in (...) the service of managing institutional risk, rather than protecting research participants. Regulators may see more risk associated with moving quickly than risk related to delay, choosing to err on the side of bureaucracy. The authors of this article, all of whom are military-funded researchers, government stakeholders, and/or human subject protection experts, offer feasible recommendations to improv... (shrink)

How is it possible that a thing singled out not exist? How is it possible that two things singled out be numerically identical? How is one to understand the relationship between, say, a quality of a thing and what this quality is? And how is one to understand the relation between this quality and the thing which happens to be thus qualified? Trying to answer these four questions involves investigation of the four senses of the verb "to be," or of (...) the concepts of existence, identity, essential and accidental predication. Butchvarov’s thesis is that these four questions admit of a common answer, that the cornerstone of this comprehensive theory is an answer to the second question, and that this crucial answer depends on making some such distinction as his between "objects" and "entities." The bare bones of his argument are these: We commonly make statements of the form "a is b" where "a" and "b" are used referringly. A "material identity" statement of this form may be true. If true, it is about one thing; yet what it is about appears to be distinct things. This distinctness is not a real distinction among existents, nor does it arise solely or primarily from features of language. Butchvarov’s account is based on a distinction "of reason" between objects and entities. An entity is an existent, a constituent of the world. An object is whatever can be singled out once, and only once, in perception or imagination or in "thought". Entities as such cannot be singled out, yet they may be recognized through applications of a conceptual apparatus to objects. A material identity statement, then, states that two objects are one entity. If true, it is both about two distinct objects and about the one entity which each is. When two objects are judged to be one entity, then indiscernibility is enforced. Seeming counterexamples to the indiscernibility of identicals are explained in terms of the distinction between objects and entities. Though some applications of the concept of identity are relative to sortal characteristics, others are not. The latter are prior to the former. These primary judgments constitute the backbone of "thought" and discourse. They are governed by impersonal, nonhuman "paradigms." There are entities, of course; and there are objects, though as objects none exists. Some objects are entities, some are not. The notion of existence, like the notion of identity in its material role, is then a principle of classification, a concept. Butchvarov examines nine objections to this claim, and elaborates his distinction between objects and entities. He concludes that identifiability, hence indefinite reidentifiability, is the logically sufficient condition of applicability of the concept of existence. A statement such as "Socrates is white" is a disguised conjunction, viz., "Socrates has this color, and this color is white." The second conjunct is an "essential" statement; it says of an object singled out that it is a certain entity; or, to allow for essences of nonexistent objects, it states what entity the object would be were it an entity. An essential statement is not a material identity statement, for only one of its terms is used referringly. The essence of an object is not a property of it, for it is what the object is or would be. Whereas logically prior consciousness of objects is intentional and non-conceptual, consciousness of entities is conceptual and nonintentional; it consists in recognizing that a thing can be identified by oneself or by others. What is accidentally white, say, cannot be a material substance or bare particular; therefore it is a "cluster" of qualities. The Resemblance Theory, according to which qualities are particulars, is not a coherent alternative to the Identity Theory; therefore the qualities an individual happens to have are themselves universals. The Bradleyan critique of ontological atomism is cogent; therefore an individual is a cluster of qualities each of which depends for its "formal identity" on its being together with the rest. An individual’s having qualities is then to be understood in terms of the necessary togetherness of the qualities constitutive of it. Since in addition each of these qualities is essentially a universal, and specific universals are contingently coinstantiated, the predication in question is properly regarded as accidental. The problem of identifying quality-clusters through space and time is discussed. (shrink)

In the United States, final amendments to the Federal Policy for the Protection of Human Subjects (“the Common Rule”) were published on January 19, 2017, and they will take effect on January 21, 2019. One of the most widely discussed provisions is that for the first time, federal regulations governing research with humans authorize the use of broad consent for future, unspecified research on individually identifiable biospecimens and associated data. Many questions have been raised about broad consent, including (...) what effect it will have on research and whether it adequately protects the interests of research participants.There are lessons to be learned for the U.S. and other countries by looking to countries that already have experience with broad consent for biobank collection and with the storage and subsequent use of the biospecimens and data. This article describes how broad consent works in five countries—Canada (in Quebec), Israel, Nigeria, Taiwan, and the United Kingdom—and with different types of biobanks: national biobanks, federated biobanks, and regional biobanks. Evaluating the provisions and challenges of the broad consent approaches in these countries can inform policies for this increasingly used approach to biobank regulation. (shrink)

In November, 1991, the U.S. Congress enacted the U.S. Federal Sentencing Guidelines legislation which had a dramatic impact on corporate America. Can the Guidelines be used as a model or framework by other countries? Could other countries in the world benefit from adopting a similar piece of legislation? Are there any limitations to consider? In addressing these issues, the authors make the argument that the time has arrived for other countries to consider the development of legislation similar to the (...) Guidelines in order to improve organizational ethics. (shrink)

The emergence of nanotechnology, and specifically nanobiotechnology, raises major oversight challenges. In the United States, government, industry, and researchers are debating what oversight approaches are most appropriate. Among the federal agencies already embroiled in discussion of oversight approaches are the Food and Drug Administration , Environmental Protection Agency , Department of Agriculture , Occupational Safety and Health Administration , and National Institutes of Health . All can learn from assessment of the successes and failures of past oversight efforts (...) aimed at emerging technologies. This article reports on work funded by the National Science Foundation aimed at learning the lessons of past oversight efforts. The article offers insights that emerge from comparing five oversight case studies that examine oversight of genetically engineered organisms in the food supply, pharmaceuticals, medical devices, chemicals in the workplace, and gene therapy. Using quantitative and qualitative analysis, the authors present a new way of evaluating oversight. (shrink)

This book provides a philosophical theory explicating the cognitive contribution of metaphor. Metaphor effects a transference of meaning, not between two terms, but between two structured domains of content, or ‘semantic fields’. Semantic fields, construed as necessary to a theory of word-meaning, provide the contrastive and affinitive relations that govern a term’s literal use. In a metaphoric use, these relations are projected into a second domain which is thereby reordered with significant cognitive effects. The book provides a revision and refinement (...) of ‘the semantic theory of metaphor’. Taking into account pragmatic considerations and recent linguistic and psychological studies, the book aims to forge a new understanding of the relation between metaphoric and literal meaning. It illustrates the thesis with sensitive and systematic analyses of metaphors found in literature, philosophy, science, and everyday language. Keywords:,, . (shrink)

Following extensive examination of published and unpublished materials, we provide a history of the use of dexamethasone in pregnant women at risk of carrying a female fetus affected by congenital adrenal hyperplasia (CAH). This intervention has been aimed at preventing development of ambiguous genitalia, the urogenital sinus, tomboyism, and lesbianism. We map out ethical problems in this history, including: misleading promotion to physicians and CAH-affected families; de facto experimentation without the necessary protections of approved research; troubling parallels to the history (...) of prenatal use of diethylstilbestrol (DES); and the use of medicine and public monies to attempt prevention of benign behavioral sex variations. Critical attention is directed at recent investigations by the U.S. Food and Drug Administration (FDA) and Office of Human Research Protections (OHRP); we argue that the weak and unsupported conclusions of these investigations indicate major gaps in the systems meant to protect subjects of high-risk medical research. (shrink)

The question of providence and contingency in contemporary Western thought: a critical study from an Islamic perspective.

For decades Japan and the Federal Republic of Germany have gone to extraordinary lengths to cultivate as low a profile as possible on defense and national security policy matters. However, since the Gulf War, the Federal Republic has come under growing pressure from its allies to assume a greater international security role. Slowly, reluctantly it has acceded to these demands, albeit at the expense of considerable internal angst and turmoil. At the same time, German decision makers have sought (...) to preserve as much as possible the old approach to security policy. Consequently, the long-standing German norms eschewing the use of military force have been gradually displaced, although not wholly replaced, by norms of multilateralism. Rather than a dramatic break with the past, the Federal Republic's actions in Kosovo and Afghanistan can be seen as the culmination of a series of incremental steps that had begun a decade ago. (shrink)

Political corruption imposes substantial costs on shareholders in the U.S. Yet, we understand little about the basic factors that exacerbate or mitigate the value consequences of political corruption. Using federal corruption convictions data, we find that firm-level economic rents and monitoring mechanisms moderate the negative relation between corruption and firm value. The value consequences of political corruption are exacerbated for firms operating in low-rent product markets and mitigated for firms subject to external monitoring by state governments or monitoring induced (...) by disclosure transparency. Our results should inform managers and policymakers of the tradeoffs imposed on firms operating in politically corrupt districts. (shrink)

The increasing global demand for energy necessitates devoted attention to the formulation and exploration of mechanisms of thermal heat exchangers to explore and save heat energy. Thus, innovative thermal transport fluids require to boost thermal conductivity and heat flow features to upsurge convection heat rate, and nanofluids have been effectively employed as standard heat transfer fluids. With such intention, herein, we formulated and developed the constitutive flow laws by utilizing the Rossland diffusion approximation and Stephen’s law along with the MHD (...) effect. The mathematical formulation is based on boundary layer theory pioneered by Prandtl. Governing nonlinear partial differential flow equations are changed to ODEs via the implementation of the similarity variables. A well-known computational algorithm BVPh2 has been utilized for the solution of the nonlinear system of ODEs. The consequence of innumerable physical parameters on flow field, thermal distribution, and solutal field, such as magnetic field, Lewis number, velocity parameter, Prandtl number, drag force, Nusselt number, and Sherwood number, is plotted via graphs. Finally, numerical consequences are compared with the homotopic solution as a limiting case, and an exceptional agreement is found. (shrink)

Emergency medicine research requires the enrollment of subjects with varying decision-making capacities, including capable adults, adults incapacitated by illness or injury, and children. These different categories of subjects are protected by multiple federal regulations. These include the federal Common Rule, the Department of Health and Human Services (DHHS) regulations for pediatric research, and the Food and Drug Administration's (FDA) Final Rule for the Exception from the Requirements of Informed Consent in Emergency Situations. Investigators should be familiar with the (...) relevant federal research regulations to optimally protect vulnerable research subjects, and to facilitate the institutional review board (IRB) review process. IRB members face particular challenges in reviewing emergency research. No regulations exist for research enrolling incapacitated subjects using proxy consent. The wording of the Final Rule may not optimally protect vulnerable subjects. It is also difficult to apply conflicting regulations to a single study that enrolls subjects with differing decision-making capacities. This article is intended as a guide for emergency researchers and IRB members who review emergency research. It reviews the elements of Federal Regulations that apply to consent, subject selection, privacy protection, and the analysis of risks and benefits in all emergency research. It explores the challenges for IRB review listed above, and offers potential solutions to these problems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 14.1 (2004) 97-114 [Access article in PDF] Stem Cell Research in the U.S. after the President's Speech of August 2001 Cynthia B. Cohen On 9 August 2001, in a nationally televised speech, President Bush addressed the contentious question of whether to provide federal funds for human embryonic stem cell research (White House 2001).1 This research involves taking the primordial cells found in embryos (...) and transforming them into certain specialized cells, such as those of the heart, nerves, and muscles, with the ultimate goal of transferring these cells into patients to repair damaged cells and tissues. In his remarks, the President authorized funding for research only on stem cells already harvested from remaining embryos at in vitro fertilization (IVF) centers as of 9 August 2001, the date of the speech. In a "Fact Sheet" about embryonic stem cell research, he added the ethical requirements that (1) the donors of embryos gave informed consent to the derivation of stem cells from their embryos, (2) the embryos were created solely for reproductive purposes, and (3) no financial inducements were given to the embryo donors. The President also prohibited federally funded research on embryonic stem cells derived from embryos after 9 August 2001, as well as the creation of embryos for research purposes and the cloning of human embryos for both reproductive and research purposes. He did not seek to ban the pursuit of embryonic stem cell research with private funds. "This allows us to explore the promise and potential of stem-cell research without crossing a fundamental moral line by providing taxpayer funding that would sanction or encourage further destruction of embryos," the President stated (White House 2001).The President's speech stirred intense controversy. Many applauded the new policy because it allowed some embryonic stem cell research to proceed, thereby raising hope that treatments might be developed for those suffering from such conditions as Parkinson's disease, Alzheimer's disease, and diabetes. Others supported it on grounds that it would discourage the future destruction of embryos in stem cell research. They maintained that although it was wrong to have derived stem cells from embryos, this wrong was no longer remediable and it therefore was justifiable to allow research using such embryos to proceed. Some, however, objected to the new policy because they held that it unduly limited the [End Page 97] number of embryonic stem cells available for federally funded research. Still others opposed it on grounds that it made the federal government complicit in what they took to be the wrongful destruction of human embryos that had taken place prior to 9 August 2001. The President established the President's Council on Bioethics by executive order in November 2001 and charged it, among other tasks, with monitoring stem cell research and recommending guidelines and regulations for biomedical innovations.Questions about the moral status of human embryos have so captured public attention since the President issued his remarks that other significant ethical and policy issues raised about stem cell research inside the Beltway have remained in the shadows. A number of individuals and organizations—legislators, scientists, patient groups, the President's Council on Bioethics, ethicists, religious task forces, and social commentators—have attempted to bring these other issues to legislative and public attention. They also have revisited the more publicly prominent question of what sorts of protections we owe to human embryos. In response, Congress has attempted to address several of these newly emerging issues at hearings and in legislation. I review these efforts, consider developing issues and arguments, and conclude by exploring possible future directions for federal and private sector stem cell policy. The Availability of Embryonic Stem Cell Lines to Federally Funded Researchers President Bush, in developing his stem cell research policy, accepted a distinction between the "derivation" and the "use" of embryos enunciated by the General Counsel of the Department of Health and Human Services toward the end of the Clinton administration. This distinction was adopted to avoid contravening the Dickey-Wicker Amendment (added... (shrink)

Technology has provided state and federal governments with huge collections of DNA samples and identifying profiles stored in databanks. That information can be used to solve crimes by matching samples from convicted felons to unsolved crimes, and has aided law enforcement in investigating and convicting suspects, and exonerating innocent felons, even after lengthy incarceration. Rights surrounding the provision of DNA samples, however, remain unclear in light of the constitutional guarantee against unreasonable searches and seizures and privacy concerns. The courts (...) have just begun to consider this issue, and have provided little guidance. It is unclear whether the laws governing protected health information are applicable to the instant situation, and if so, the degree to which they apply. DNA databanks are not uniformly regulated, and it is possible that DNA samples contained in them may be used for purposes unintended by donors of the samples. As people live their lives, they leave bits of their DNA behind. They cannot be assured that these tiny specimens will not be taken or used against their will or without their knowledge for activities such as profiling to measure tendencies such as thrill-seeking, aggressiveness, or crimes with threatening behavior. Existing racial or ethnic discrimination and profiling may also encompass genetic discrimination and profiling, creating societal class distinctions. This article will explore the constitutionality of collecting genetic materials, the ethics of such activities, and balance the social good in solving crime and deterrence against the individual's security, liberty, and privacy. (shrink)

In 2002, the United States federal government created the Healthy Marriage Initiative, a policy that has distributed almost $1 billion in welfare money to marriage education programs. Drawing on ethnographic fieldwork in classes for a purposive sample of 20 government-approved marriage education programs and textual analysis of more than 3,000 pages of curricular materials, I analyze how U.S. healthy marriage policy addresses issues of gendered communication and power. This case reveals the limitations of what I call ‘‘interpersonal (...) gender interventions,’’ which obscure how gendered ideologies and inequalities are often maintained through institutionalized practices and state action. Specifically, I argue that by focusing on negotiation, communication, and conflict-resolution strategies—or what marriage educators call “relationship skills”—at the interactional level, state-sponsored marriage education masks persistent institutionalized gender inequalities, namely, latent and hidden forms of marital power. More broadly, I use this case to reveal how interpersonal gender interventions will likely have limited utility if individuals learn to develop more gender-egalitarian beliefs in the absence of institutional changes that enable them to act on these values. (shrink)

This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the (...) CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far too much emphasis on the dozen or so “enhanced interrogation techniques” (EITs) short-listed in government “torture memos,” and far too little emphasis on other forms of physical violence, psychological stressors, environmental manipulations, and abusive conditions of confinement that are crucial to the question of whether the detainees were tortured. Furthermore, we dispute one of the standard narratives about the origins of the program: that it was the brainchild of civilian contractor psychologists because— in the CIA’s words—“[n]on-standard interrogation methodologies were not an area of expertise of CIA officers or of the US Government generally.” This narrative ignores the CIA’s role in devising these methods, in spite of the decades of prior CIA research and doctrine about forcing interrogation subjects into a state of extreme psychological debilitation, and about how to do so—by making them physically weak, intensely fearful and anxious, and helplessly dependent. By neglecting this history and focusing on the contractors and the EITs they devised, this narrative contributes to the misunderstanding that the torture debate is about EITs and nothing else. In effect, a “torture debate” about EITs and the torture memos neglects the purloined letter in front of our eyes: the abusive conditions the CIA inflicted on prisoners even when they were not subject to EITs, including abuses that the torture memos never bothered to discuss. Unpacking what this debate is really about turns out to be crucial to understanding that such interrogation methods are torture under existing U.S. law. The U.S. Torture Act includes a clause in its definition of mental torture that was intended to ban exactly the kind of interrogation methods the CIA had researched, out of concern that our Cold War adversaries were using them: mind-altering procedures “calculated to disrupt profoundly the senses or the personality.” That is precisely the “non-standard interrogation methodology” the CIA employed after 9/11. (shrink)

This paper seeks to explore the implementation of corporate ethical culture and policies as an adjunct to formal forms of corporate governance. The insurance industry utilises a variety of external governance structures, but is almost unique in that stock companies (which are exposed to an external market for corporate control) and mutual companies (which are owned by a subset of their customers) are in active competition. A questionnaire survey of senior executives in U.K. insurance companies was undertaken to explore the (...) implementation of ethical policies and codes, to investigate ethical attitudes, and to analyze the extent to which these policies and attitudes varied among companies. The results suggest that ethical policies have a higher profile and ethical attitudes and behaviour are more positive in mutual as opposed to stock insurance companies. These findings support the contention that a strong corporate ethical culture may be utilised to enhance formal corporate governance instruments. (shrink)

This study uses data from Google Trends and Twitter to analyze how public interest and sentiment towards Universal Basic Income (UBI) changed across all 50 states and Washington D.C. between 2018 and 2021. We specifically selected this time period as it includes both Andrew Yang’s UBI campaign during the Democratic primaries in 2019 and the COVID-19 pandemic in 2020 when UBI gained attention due to the federal government’s unconditional cash payment to almost all citizens. To overcome the limitations (...) of sporadic opinion polls, we built on a recent development of the rescaling method to generate longitudinal Google Trends and conducted Twitter sentiment analysis. We observed a modest rise in public interest in UBI during Andrew Yang’s campaign, especially in blue states, and a significant increase across all states at the onset of the COVID-19 pandemic. Although it quickly waned, the level of public attention became elevated compared to the pre-pandemic level. Contrary to previous studies, our analysis also reveals that overall sentiment became less positive after the peak interest during the pandemic, as more people engaged in online discussions. (shrink)

This study investigates the impact of fraud/lawsuit revelation on U.S. top executive turnover and compensation. It also examines potential explanatory variables affecting the executive turnover and compensation among U.S. fraud/lawsuit firms. Four important findings are documented. First, there was significantly higher executive turnover among U.S. firms with fraud/lawsuit revelation in the Wall Street Journal than matched firms without such revelation. Second, although on average, U.S. top executives received an increase in cash compensation after fraud/lawsuit revelation, this increase is smaller than (...) that of matched non-fraud/lawsuit firms. Third, fraud/lawsuit firms were more likely to change top executive when chief executive officer (CEO) was not the board chairman and CEO had been on the board for a short time. Fourth, fraud/lawsuit firms were more likely to reduce their executive cash compensation when profitability was low, firms were involved in fraud, the compensation committee size was small, and the board met more often. These findings indicate that although, in general, U.S. fraud/lawsuits firms did not reduce their executive cash compensation, those involved in fraud were more likely to reduce their executive cash compensation than to change their top executives. The finding, that ethical standards is not a significant factor for U.S. executive turnover nor compensation reduction, suggests that ethics appears to play no part in the board’s decisions, and that U.S. firms may have ethical standards in writing but they do not implement nor enforce the standards. (shrink)

This is an essay about the philosophical and practical problems associated with the concept of punishment for corporations that have grievously broken the law. It is specifically an essay about the special incentives that the U.S. Government has put in place to encourage American corporations to create comprehensive ethics programs and observe them faithfully. First, I will look at the sorts of obstacles to effective punishment of recalcitrant corporations that eventually prompted extraordinary measures by the U.S. Government. Then (...) I will present a detailed description of the Federal Sentencing Guidelines which took effect on November 1, 1991, describe what they entail, examine what purposes for which they were intended and question how likely they will be to accomplish their objectives. Finally, we will raise the question whether such policies will help further corporate social responsibility and ethical conduct in the workplace. (shrink)

Legal challenges to the FDA’s approval of mifepristone have destabilized patients’ ability to access controversial medicines like medication abortion. We argue that federal courts’ receptiveness to this litigation undermines the coherence and integrity of prescription drug regulation in the U.S.

ABSTRACTAnne C. Pluta’s reply to my critique perpetuates the errors that undermined the article I criticized. Pluta dismisses out of hand my suggestion that her mistakes are the result of the particular lens through which she and much of the political science community view the American presidency. Yet this suggestion has the merit of explaining why she contends that piling up nineteenth-century instances of presidential public “speech” undermines Jeffrey Tulis’s contention that the nature of presidential speech changed decisively at the (...) beginning of the twentieth century, such that rhetorical, often-demagogic appeals over the heads of Congress displaced public speech that affirmed the values of republican, constitutional government. (shrink)

The Philippines sits atop vast mineral deposits estimated to be worth around 47 trillion Philippine Pesos. Yet, mining in the Philippines has a mixed track record as far as its impact on human and economic development is concerned. This paper tries to draw lessons from the Marcopper Mine in Marinduque, Philippines, using a framework—what we call a “mining and human development causality chain”—to begin to think through how extractive industries can contribute to inclusive growth. Essentially, there is a chain of (...) inputs and events that—when properly executed by various stakeholders—could lead to very strong economic and human development outcomes not just for the communities directly affected by the mine but also the country as a whole. Too often, this chain is easily broken by governance. Using a critical analysis of the Marinduque mining disaster, we illustrate how breaking this chain can completely reverse mining’s potential to assist in human development. (shrink)

Committing financial fraud is a serious breach of business ethics. However, there are few large scale studies of financial fraud, which involve ethical considerations. In this study, we investigate the pervasive financial scandals, which by the end of 2012 involved more than a third of the US-listed Chinese companies. Based on a sample of 262 US-listed Chinese companies, we analyze factors that differentiate between firms that commit financial fraud and those that do not. We find that firms more predisposed to (...) unethical behavior, due to their low regional social trust in the home country and low respect for regulations and laws as proxied by political connections, are more likely to commit accounting and financial fraud. They take advantage of low hurdles for listing via reverse mergers and avoid third-party monitoring through poor governance and auditors. Finally, we find evidence, after these scandals, of non-fraudulent firms differentiating themselves from the fraudulent firms by sending costly signals such as insiders purchasing shares, increasing dividends, and going private. (shrink)

This study provides a comparison of thinking style and ethical decision-making patterns between 386 U.S. students and 506 students from the People’s Republic of China enrolled in undergraduate business education in their respective countries. Contrary to our expectations, the Chinese students demonstrated a significantly greater linear thinking style compared to American students. As hypothesized, both Chinese and U.S. students possessing a balanced linear and nonlinear thinking style profile demonstrated greater ethical intent across a series of ethics vignettes. Chinese students also (...) were more likely to adopt an act utilitarian rationale, an ethical philosophy that in practice may violate government regulations or social rules to benefit one’s family instead of society for explaining their decisions across the vignettes. We conclude with a discussion of important theoretical as well as practical and potential future implications based on this comparative study. (shrink)