This law school casebook was developed by a team of professors at Harvard Law School to introduce students with little or no quantitative background to the basic analytical techniques that attorneys need to master to represent their clients effectively. This casebook presents clear explanations of decision analysis, games and information, contracting, accounting, finance, microeconomics, economic analysis of the law, fundamentals of statistics, and multiple regression analysis. References and examples have been thoroughly updated for this 3rd edition, and exposition of a (...) number of key topics has been reworked to reflect insights gained from teaching these topics using the 1st edition to many hundreds of Harvard Law students over the past decade. (shrink)

This essay reviews recent debates over the allocation of regulatory authority in three separate fields of financial regulation: corporate governance, securities regulation, and the regulation of financial institutions. In each field, the essay argues, reform proposals can be organized into three basic groups: those that advocate centralization of regulatory authority; those that favor competition among governmental bodies; and those that recommend the privatization of regulatory standards. While this debate is most familiar in the field of corporate governance, highly analogous policy (...) discussions are currently taking place in securities regulation and the regulation of financial institutions. This essay traces the development of arguments over the proper allocation of regulatory authority in various sectors of the financial services industry, noting differences both in the contexts in which the issue has arisen in various sectors of the industry and also in the ways regulatory authority is currently allocated in each sector. The essay concludes with several tentative thoughts about normative grounds on which debates over the proper allocation of regulatory authority might ultimately be resolved. (shrink)

In psychoanalytic theory, the notion of the person inevitably evokes the notion of subjectivity. Not that the former can be reduced to the latter; but if psychoanalytic theory is anything more a certain type of therapeutic practice, it is indeed a theory of the subject or a theory of the subjective relation. We should perhaps begin by specifying that the subjective relation must be understood as a complex whole: an intrapsychic relation, that is, a relation between the various instances that (...) make up the subject, and at the same time an inter subjective relation, that is, a relation between (at least) two subjects. These two aspects are both inseparable and conflictual. They are inseparable because the self cannot exist, cannot construct itself without the other (whether this be a parental other or a peer). They are conflictual for at least two reasons. On the one hand, because the intrapsychic relation is by definition an arena of conflict: the conflict that opposes the Ego to the contradictory but equally tyrannical demands of the Id - which translates its attachment to the body and testifies to its inherent drives - and of the Superego, which represents its rootedness in the social and cultural sphere. And on the other hand, because this subject, which is thus divided within itself, must undergo the trial of bringing its desire face to face with the desire of the others with whom it is destined to live. The psychoanalytic theory of the subject is therefore the theory of a doubly heterogeneous relation: there is the heterogeneity of the components of the self, which go, once again, from their anchorage in somatic drives to the most ethereal expressions of the ideal; and there is the heterogeneity of the relation between this self and the self of the other. Moreover, this double heterogeneity is not limited to the matter of components: after all, these, one might think, would ideally be open to reabsorption into the homogeneity of the individual. On the contrary, this heterogeneity gives rise to a double rationality or double logic. Psychic causality - to borrow André Green's expression - is also driven by the conflict that opposes what in psychoanalysis are known as the primary processes, which Freud has described in chapter 7 of the Traumdeutung and which govern the formation and organization of the dream images, to the secondary processes, which are those processes that govern our daytime thoughts. Psychic causality is formed by the struggle for hegemony between these two logics, each of which is itself acted upon by an antagonism between what Freud, at the end of his life, called Eros and Thanatos, the urge for Life and the drive toward death or destruction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Ad Infinitum: The Ghost in Turing’s Machine: Taking God Out of Mathematics and Putting the Body Back InTony E. JacksonAd Infinitum: The Ghost in Turing’s Machine: Taking God Out of Mathematics and Putting the Body Back In, by Brian Rotman; xii & 203 pp. Stanford: Stanford University Press, 1993, $39.50 cloth, $12.95 paper.Brian Rotman’s book attempts to pull mathematics—the last, most solid home of metaphysical thought—off its absolutist (...) foundations and into the roiling current of postmodernism. His argument works in what has by now become a rather standard manner. He shows how the grounding ideas of mathematics rest upon the insupportable assumption of a realm of absolute truth, “truth perfect, truth outside time, outside space, outside the material world of matter, energy, and entropy, truth somehow able to be discovered or apprehended but never invented” (p. 19). Rotman questions this Platonic grounding in a number of ways.First, with the help of linguistics (de Saussure, Benveniste, Wittgenstein, and Peirce) he provides a semiotic analysis of mathematical arguments as real-world linguistic events. Proof he looks at “not as a form of inference engaged in preserving eternal truths, but as an historically conditioned species of rhetoric” (p. 35). Secondly, Rotman argues that one idea has most secured the fortress-like solidity of mathematical Platonism: the idea of ad infinitum or infinite iteration. Mathematics takes off from the givenness of the natural numbers, our everyday 1, 2, 3 and so on to infinity. It is the “so on to infinity” that frames up the house of arithmetic as it has stood since Euclid. (Euclidean in this context is equivalent to Platonic in the context of philosophy.) But what is the referent of these numbers? Ultimately they are said to be the symbolic representation of the action of counting, which is the “mathematical ur-cognition” (p. 51). And yet we cannot imagine any material human situation in which counting could actually go on to infinity. Therefore, some impossible, supernatural agent (the ghost of the title) must be projected in order for this conception to exist. Similarly, Rotman argues against the assumption of “perfect repeatability” because this notion depends upon some purely imaginary, ideal identity of object or action that could possibly be repeated. Ad infinitum requires and assumes both a disembodied, metaphysical counter and a disembodied, metaphysical counted.So Rotman sets about putting the body back into this symbolic system by rejecting the idea of ad infinitum. Instead of assuming the existence of counting activities that run, in principle, out to infinity without changing their nature, Rotman posits what he calls “realizable iteration,” that is, counting that admits the necessary dissolution or change of whatever repetitive function you begin with. Put simply, he includes the fact that quantitative accumulation or repetition always eventually brings about a qualitative change: at some point in everyday life a difference of degree of the “same” thing or action inevitably becomes a difference of kind. The natural numbers and the ad infinitum [End Page 390] remain blissfully sheltered from this inescapable real world truth, but Rotman reformulates mathematics so as to include this truth in the very idea of numbering.In fact (and he acknowledges this) he theorizes counting after the model of chaos or complexity theory in the physical sciences. Realizable iteration, he says, will bring in the “qualitative differences” forgotten or repressed (the language of Nietzsche, Heidegger, and Freud runs throughout) in the metaphysical version of number, and “display [the qualitative differences] as the emergent effects of repetition” (p. 131). Even numerical addition, for instance, which had been the most linearly continuous of activities, now will be linear beginning from some initial point, but will become increasingly nonlinear as quantitative increase tends towards some point of qualitative discontinuity with what had come before. The point of discontinuity, though certain to appear, is by its nature not specifiable beyond a horizon of probability, and in this, Rotman aligns his arithmetic not only with chaos theory, but also with quantum mechanics. In an appendix, Rotman elaborates at least to a degree the “pre-elements” of his non-Euclidean arithmetic.As chaos theory does not destroy everyday cause... (shrink)

The phrase τά ένί διαστηματι γ ραφόμενα occurs in that part of Pappus' Collection Book VIII which deals with instrumental solutions to problems more practical than purely geometrical. In the preceding section an instrumental solution for the problem of doubling the cube has been propounded, which is dependent on the use of a ruler passing through a point about which it is turned in the generation of the locus of points known as the cissoid, and in the subsequent section a (...) solution is propounded for the problem of finding the diameter of a cylinder of which only an incomplete portion of the side remains, leaving neither base intact. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 116-133 [Access article in PDF] Writing and the Disembodiment of Language Tony Jackson I AS IS WELL KNOWN, the study of writing in relation to speech played an important part in opening the door to poststructuralist theory, especially in the seminal works of Jacques Derrida. 1 Taking off from his rereading of Saussurean structuralism, Derrida famously made the deconstructive case that reversed and then (...) dissolved the ancient understanding of writing as the secondary, parasitic representation of the authentic signs of spoken language. But the question may well be asked: How will our understanding of writing and speech change if we take off from a nonrelativistic theory of representation? For it is from a thoroughly relativized theory of signs that poststructuralist theory and its derivatives all one way or the other begin. We will look at this in more detail below, but for now suffice it to say that this kind of theory always takes it that representation precedes the real in a fundamental way. No natural relationship exists between any sign and its referent. Given this fundamental disjunction as a foundation, the various theories lead to the practical work of explaining how signification does manage to occur. For example, meaning is a function of logocentrism in Derrida; desire in Lacanian psychoanalytic theory; discourse in theory after Foucault; ideology in the various new historicisms; and so on. In contrast to these understandings of representation, cognitive linguistics—I will use this broad term to include findings from the related but differentiated subfields of cognitive semantics, cognitive grammar, cognitive rhetoric—claims that at least on a very fundamental level semantics always precedes any actual manifestation of language, which is to say meaning precedes representation. This is because a foundational [End Page 116] level of universal concepts arises from biologically determined percepts. According to this view, crucial, general kinds of meaning are a function not of discourse or power but of the evolution of the human organism in the ecosystem of the third planet from the sun. 2In order to see how the cognitive linguistic arguments run, we will take an example from George Lakoff's Women, Fire and Dangerous Things. Lakoff brings in the work of cognitive anthropologist Eleanor Rosch in order to explain the way categorization functions in our perceptual interaction with the world. Rosch's findings, obtained through empirical studies using standard scientific methods, strongly suggest that human experience in its most general sense is "preconceptually structured" by our innate ability to categorize according to base-level prototypes (p. 270). Humans, even children as young as two years old, have a kind of gestalt cognitive process that tends to be oriented toward certain objects and features of the world, such that these objects and features—called cognitive reference points or prototypes—are universally "known," apart from culture and language. An example of this would be the response to primary colors as opposed to secondary colors. Rosch showed that even members of cultures lacking words for the primary colors found it easier to learn names for those colors than for secondary colors (pp. 40-41). We are, it appears, cognitively attuned to the primary colors. Further, we are cognitively constructed so as to sort colors automatically by gradations away from or closer to the primary colors. Culture will of course teach us certain beliefs about colors, but we do not "learn" to respond and operate on this basic level of perception.In the next step of the argument, we find that our "basic-level concepts correspond to [this] preconceptual structure" (p. 270). That is, in considering ourselves as linguistic creatures, we find that thinking or conceptuality also operates according to prototypes. Again, this is held to be true only of specifiable basic-level concepts. Though concepts that arise in cultural life may possibly "impose further structuring on what we experience," nonetheless, "basic experiential structures are present regardless of any such imposition of [learned] concepts" (p. 271). Evolutionarily, language would have to emerge after these innate perceptual structures. Language as a representation would also depend heavily on prototype categorization, not... (shrink)

Recent large-scale personal data loss incidents highlighted the need for public bodies to more securely handle confidential data. We surveyed trainees from all specialties in the Welsh Deanery for their knowledge and practice. All registered trainees were invited to participate in an online anonymised survey. There were 880 completed and non-duplicated responses (52.9% response rate). Responses were analysed using Microsoft Access. Over 40% (388/880 (44.1%)) did not use formal guidelines on storage or disposal of confidential data. The majority appeared to (...) dispose of confidential paper documents securely, that is, using shredders and white shredder bags. However, there were significant numbers of unmarked responses. Clinical documents, such as theatre lists, were taken home by 281/880 (31.9%) of trainees. The majority secured their computers (569/871 (65.3%)) by either not keeping patient identifiable data on them or using encryption. However, 302/871 (34.7%) did not adequately secure their computers. The surgical and anaesthetic specialties were least aware of formal confidentiality guidelines (95/178 (53.4%)) and 52/102 (51.0%) respectively) and least secured their computers (106/178 (59.6%) and 63/102 (61.8%) respectively). Education is needed to improve knowledge and practice of confidential data handling. This may be delivered through workshops during induction programmes or as part of European Computer Driving Licence (ECDL) modules. Training is especially indicated for the surgical and anaesthetic specialties. (shrink)

Research Ethics Committees (RECs) are frequently a focus of complaints from researchers, but evidence about the operation and decisions of RECs tends to be anecdotal. We conducted a systematic study to identify and compare the ethical issues raised in 54 letters to researchers about the same 18 applications submitted to three RECs over one year. The most common type of ethical trouble identified in REC letters related to informed consent, followed by scientific design and conduct, care and protection of research (...) participants, confidentiality, recruitment and documentation. Community considerations were least frequently raised. There was evidence of variability in the ethical troubles identified and the remedies recommended. This analysis suggests that some principles may be more institutionalized than others, and offers some evidence of inconsistency between RECs. Inconsistency is often treated as evidence of incompetence and caprice, but a more sophisticated understanding of the role of RECs and their functioning is required. (shrink)

Observing others in conversation is a common format for comprehending language, yet little work has been done to understand dialog comprehension. We tested whether overhearers use addressee backchannels as predictive cues for how to integrate information across speaker turns during comprehension of spontaneously produced collaborative narration. In Experiment 1, words that followed specific backchannels were recognized more slowly than words that followed either generic backchannels or pauses. In Experiment 2, we found that when the turn after the backchannel was a (...) continuation of the narrative, specific backchannels prompted the fastest verification of prior information. When the turn after was an elaboration, they prompted the slowest, indicating that overhearers took specific backchannels as cues to integrate preceding talk with subsequent talk. These findings demonstrate that overhearers capitalize on the predictive relationship between backchannels and the development of speakers’ talk, coordinating information across conversational roles. (shrink)

Quarantine and spatial distancing measures associated with COVID-19 resulted in substantial changes to individuals’ everyday lives. Prominent among these lifestyle changes was the way in which people interacted with media—including music listening. In this repeated assessment study, we assessed Australian university students’ media use throughout early stages of the COVID-19 pandemic in Australia, and determined whether media use was related to changes in life satisfaction. Participants were asked to complete six online questionnaires, capturing pre- and during-pandemic experiences. The results indicated (...) that media use varied substantially throughout the study period, and at the within-person level, life satisfaction was positively associated with music listening and negatively associated with watching TV/videos/movies. The findings highlight the potential benefits of music listening during COVID-19 and other periods of social isolation. (shrink)

The inspiration for this collective writing project began with a digital conference entitled ‘Knowledge Socialism, COVID-19 and the New Reality of Education’ held at Beijing Normal University. In this conference and through this article, multiple researchers spread across six continents have engaged in the collaborative task of outlining emerging innovations and alternative contingencies towards education, international collaboration, and digital reform in this time of global crisis. Trends associated with digital education, knowledge openness, peer production, and collective intelligence as articulated by (...) Michael A. Peters’ conception of Knowledge Socialism are given careful analysis and exploration. Some of the members of this collective endeavor to identify problems, others, begin to draw boxes around potential solutions. Overall, this article engages with real world challenges and innovations that look beyond dominant neoliberal trends in the knowledge economy to build bridges toward novel possibilities in this era of rapid digital change. (shrink)

Contrary to the popular belief that feminism has gained a foothold in the many disciplines of the academy, the essays collected in Theorizing Backlash argue that feminism is still actively resisted in mainstream academia. Contributors to this volume consider the professional, philosophical, and personal backlashes against feminist thought, and reflect upon their ramifications. The conclusion is that the disdain and irrational resentment of feminism, even in higher education, amounts to a backlash against progress.

This book provides students with a concise introduction to the philosophy of methodology. The book stands apart from existing methodology texts by clarifying in a student-friendly and engaging way distinctions between philosophical positions, paradigms of inquiry, methodology and methods. Building an understanding of the relationships and distinctions between philosophical positions and paradigms is an essential part of the research process and integral to deploying the methodology and methods best suited for a research project, thesis or dissertation.

This book brings together papers given at a symposium which took place in Melbourne, Australia in 2001. Like any such collection, the chapters vary in quality and in substance. Some authors have chosen to analyse one issue in considerable depth, while others attempt a broad overview of regulations in different regions of the world. Julian Savulescu, for example, confines himself to the complex question of whether gamete providers’ freedom to dispose of their unwanted embryos should take priority over infertile couples’ (...) interests in using these surplus embryos in treatment. In contrast, Jothi Kumar surveys the regulation of assisted reproductive technology throughout Asia in a mere four pages of text. In general, contributions of the first type tend to be more successful; attempts to summarise something as complex as the regulation of assisted reproductive technology across a whole continent can be difficult for the reader to digest, and inevitably offer little by way of analysis.A further problem bedevils any new publication in this fast moving area of medical law and ethics. Although providing a “snapshot” of regulation in 2001 is undoubtedly an interesting and worthwhile project, a book such as this risks being out of date before it is even published. As a result, the more discursive chapters which concentrate on especially novel or controversial ethical dilemmas are likely to be of use and interest for longer than those which describe the regulatory status quo. Certainly, Savulescu’s chapter on the public interest in embryos, and Giuliana Fuscaldo’s contribution on …. (shrink)

Background: Few robust autism-specific outcome assessments have been developed specifically for use by teachers in special schools. The Assessment of Barriers to Learning in Education – Autism is a newly developed teacher assessment to identify and show progress in barriers to learning for pupils on the autism spectrum with coexisting intellectual disabilities. Aims: This study aimed to conduct a preliminary validity and reliability evaluation of the ABLE-Autism. Methods and procedures: Forty-eight autistic pupils attending special schools were assessed using the ABLE-Autism. (...) Multi-level modelling was used to evaluate test-retest reliability, internal consistency and convergent validity with the Teacher Autism Progress Scale. Outcomes and results: Results showed excellent test-retest reliability and internal consistency. A large effect size suggested that the ABLE-Autism is strongly correlated with the Teacher Autism Progress Scale. Teacher feedback was positive and suggested that the ABLE-Autism is easily understood by teachers, relevant to autistic pupils in special schools, and adequately covers the skills and behaviours that teachers believe are important to assess for these pupils. Conclusions and implications: Although further validation is recommended, the preliminary evaluation of the ABLE-Autism suggests that it is a useful and has the potential to be an effective outcome assessment for autistic pupils in special schools. (shrink)

Precision targeting of specific white matter bundles that traverse the subcallosal cingulate has been linked to efficacy of deep brain stimulation for treatment resistant depression. Methods to confirm optimal target engagement in this heterogenous region are now critical to establish an objective treatment protocol. As yet unexamined are the time-frequency features of the SCC evoked potential, including spectral power and phase-clustering. We examined these spectral features—evoked power and phase clustering—in a sample of TRD patients with implanted SCC stimulators. Electroencephalogram was (...) recorded during wakeful rest. Location of electrical stimulation in the SCC target region was the experimental manipulation. EEG was analyzed at the surface level with an average reference for a cluster of frontal sensors and at a time window identified by prior study. Morlet wavelets generated indices of evoked power and inter-trial phase clustering. Enhanced phase clustering at theta frequency was observed in every subject and was significantly correlated with SCC-EP magnitude, but only during left SCC stimulation. Stimulation to dorsal SCC evinced stronger phase clustering than ventral SCC. There was a weak correlation between phase clustering and white matter density. An increase in evoked delta power was also coincident with SCC-EP, but was less consistent across participants. DBS evoked time-frequency features index mm-scale changes to the location of stimulation in the SCC target region and correlate with structural characteristics implicated in treatment optimization. Results also imply a shared generative mechanism between evoked potentials evinced by electrical stimulation and evoked potentials evinced by auditory/visual stimuli and behavioral tasks. Understanding how current injection impacts downstream cortical activity is essential to building new technologies that adapt treatment parameters to individual differences in neurophysiology. (shrink)

The Declaration of Independence states that all men are created equal in the United States, but that statement does not hold true for words. Some words carry more weight than others--they seem to work harder, get more done, and demand more respect. Political Keywords: Using Language that Uses Us looks at eight dominant words that are crucial to American political discourse, and how they have been employed during the last fifty years. Based on an analysis of eleven separate studies of (...) political language, Political Keywords helps readers to understand what these terms mean and how they are used. For example, the book tracks what politics now means to modern commentators, how schoolteacher impress certain values upon the nation's children by invoking the office of the president, and why an innocent word like government sometimes makes people so upset. It details how the people are referenced in political talk and how the media portray themselves. The book also considers the work done by political parties, political promises, and political consultants because, together, they shed special light on modern elections. Combining social science with subtle forms of cultural interpretation, Political Keywords: Using Language that Uses Us provides a fresh look at both American politics and American language. It is an ideal text for undergraduate and graduate courses in political communication, political language, political campaigns, media and politics, political psychology, public opinion, rhetorical criticism, contemporary public address, and presidential rhetoric. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)