This article revisits Jeffrey Tulis’s The Rhetorical Presidency in the age of Trump, discussing the debates to which it originally responded, its core thesis and empirical evidence, as well as its impact on political science in the last three decades. The article’s second half turns to a recent critique of Tulis’s thesis by Ann C. Pluta, which manifests many of the misunderstandings that have persisted since The Rhetorical Presidency’s original publication. Habits of thought revealed in Pluta’s misunderstandings, I argue, are (...) emblematic of the political culture that is amenable to the simplistic yet politically effective appeals characteristic of rhetorical presidents like Donald Trump. Elements of the broader political-science world that are on display in Pluta’s article are symptomatic of political pathologies sustained and aggravated by the culture of the polity that political scientists inhabit and purport to study—the culture of the rhetorical presidency. (shrink)

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)

Color conveys critical information about the flavor of food and drink by providing clues as to edibility, flavor identity, and flavor intensity. Despite the fact that more than 100 published papers have investigated the influence of color on flavor perception in humans, surprisingly little research has considered how cognitive and contextual constraints may mediate color–flavor interactions. In this review, we argue that the discrepancies demonstrated in previously-published color–flavor studies may, at least in part, reflect differences in the sensory expectations that (...) different people generate as a result of their prior associative experiences. We propose that color–flavor interactions in flavor perception cannot be understood solely in terms of the principles of multisensory integration but that the role of higher-level cognitive factors, such as expectations, must also be considered. (shrink)

Reprint, in paper covers, of the Columbia U. Press edition of 1990. Annotation copyright by Book News, Inc., Portland, OR.

Marcuse argued that U.S.-led globalized capitalism represented the irrational perfection of waste and the degradation of the earth, resurgent sexism, racism, bigoted nationalism, and warlike patriotism. Inspired by the revolutionary legacy of Herbert Marcuse’s social and political philosophy, this volume appeals to the energies of those engaged in a wide range of contemporary social justice struggles: ecosocialism, antiracism, the women’s movement, LGBTQ rights, and antiwar forces. The intensification of these regressive political tendencies today must be countered, and this can be (...) best accomplished through radical collaboration around an agenda recognizing the basic economic and political needs of diverse subaltern communities. Marcuse's Great Refusal is elaborated as a collective project of system negation that is becoming a new general interest. (shrink)

Memory, funerals, and the communion of the saints: growing old and practices of remembering / M. Therese Lysaught -- God bends over backward to accommodate humankind...while the Civil Rights Acts and the Americans with Disabilities Act require [only] minimum effort / Mary Jo Iozzio -- Radical solidarity: migration as challenge ofr contemporary Christian ethics / Kristin E. Heyer -- Catholic lesbian feminist theology / Mary E. Hunt -- Theology of whose body? Sexual conplementarity, intersex conditions, and La Virgen de Guadalupe (...) / Katie M. Grimes -- Social conscience and politics in the United States of America: reflections / Mary Jo Bane -- Pope Francis, women, and the church for the poor / Lisa A. Fullam -- Floodwaters and the ticking clock: the systematic oppression and stigmatization of poor, single mothers in American and Christian theological responses / Julie A. Mavity Maddalena --What causes inequity? / Dean Baker -- Engaging the U.S. Bishops' pastoral on crime and criminal justice: from atomism to community justice / Robert DeFina and Lance Hannon -- Reconstructing the moral claim of racially unjust mass incarceration / Alison Benders -- The systemic erasure of the Black/dark-skinned body in Catholic ethics / Bryan Massingale -- Anti-blackness and white supremacy in the making of American Catholicism / M. Shawn Copeland -- White privilege / Charles E. Curran -- The Black Lives Matter Movement: justice and health equity / Michael P. Jaycox -- Mujerista theology: a challenge to traditional theology / Ada María Isasi-Díaz -- Faith of our mothers; Catholic womanist God-talk / Diana L. Hayes. (shrink)

Caes reunites philosophy and science in Natural U., defining the role of men and women in the natural order. The author describes how nature provides us with a living campus of learning and explains that it is a logical system designed to be self-sustaining; hidden in every tree, every star, every sub-system are libraries of information.

In Curran's latest book, Diverse Voices in Modern US Moral Theology, he presents the twelve leading voices of Catholic Moral Theology (CMT) from the early twentieth century to the present. (One could argue that Curran, himself, should be in this book.) The book discusses key individuals, and one movement that included multiple people, in the development of the field to show how it has evolved. The New Wine, New Wineskins movement was included because the movement was led by lay people, (...) showing how dramatically the face of CMT changed. The book provides overviews of the major figures in CMT without offering critique in order to foster a dialogue between liberal and conservative approaches to MT, and demonstrates that one's approach to CMT is very rooted in one's historical circumstances--called Sitz-im-Leben in the field. It is the last aim that provides the main argument for the book; that CMT has changed and each of these theologians have shifted thinking largely because of the historical context in which they wrote. Curran also shows that those on opposing sides of the debates in moral theology have become more divided and urges in his conclusion that they have more conversations with each other and not just discussions within each side. (shrink)

Avtobiohrafii︠a︡ Ch. Darvina (p. [513]-560).

The American Catholic Church has attempted to apply and extend the social teachings of the Universal Church in light of American conditions and political culture, most recently in the 1986 Pastoral Letter on Catholic Social Teaching and the U.S. Economy, promulgated after six: years of analysis, debate, and amendment. Moving from an emphasis on government responsibilities for economic well-being and social welfare to a family-centered social vision stressing mediating groups and voluntary service, the American Church asserted a perennial social doctrine (...) reaffirmed and extended in Pope John Paul II's Centesimus Annus. The latter calls on a century of experience that has demonstrated the failures of the bureaucratic state and "real socialism," the utility of a market economy in allocating resources efficiently, and the shift from a land-based social economy to one founded on knowledge and skill. (shrink)

Two fundamental business ethics issues that repeatedly surface in the academic literature relate to business's role in the development of public policy [Suarez, S. L.: 2000, Does Business Learn? (The University of Michigan Press, Ann Arbor, MI); Roberts, R. W. and D. D. Bobek: 2004, Accounting, Organizations and Society 29(5-6), 565-590] and its role in responsibly managing the natural environment [Newton, L.: 2005, Business Ethics and the Natural Environment (Blackwell Publishing, Oxford)]. When studied together, researchers often examine if, and how, (...) corporations influence environmental policy decisions. Drawing from literatures on corporate political activity, corporate social and environmental performance, and corporate environmental disclosure, we develop and empirically examine two research questions concerning the relations between corporate political expenditures, environmental performance, and environmental disclosure. The questions are: (1) Do corporations that are poorer environmental performers spend more on political activities than their better-performing counterparts? (2) Is there an association between corporations' spending on political activities and the extent of their financial report environmental disclosures? We investigated these questions through analyses of data we gathered on a sample consisting of 119 U.S. environmentally sensitive firms for the 2001-2002 election cycle. After controlling for firm size and specific industry effects, our tests reveal a significant, inverse relationship between firm environmental performance and political spending. This is consistent with the notion that U.S. firms with relatively poorer environmental performance records engage more intensely in corporate political activities as part of their overall strategic management of their relationship with the state. In addition, a significant and positive association between the amount of political spending and the extent of environmental disclosure suggests that environmental disclosure and political spending are both proactive, complementary tactics to strategically manage public policy pressure. If corporations' strategies are intentionally designed to unreasonably limit their environmental responsibilities or to misrepresent firm environmental performance, then we argue that these activities reflect a significant lapse in ethical conduct. (shrink)

This is not a transcription. More like a reenactment of the possibilities of performative poetics as improvisatory, open-ended.As a way to engage the relation of poetics to poetry and by implication differentiate poetics from literary theory and philosophy, although not necessarily from poetry.As a way to extend the ideas about closure—the rejection of closure—into the discussion of essays and critical writing.To eject, that is, the idea that there is something containable to say: completed saying.So that poetics becomes an activity that (...) is ongoing, that moves in different directions at the same time, and that tries to disrupt or make problematic any formulation that seems too final or preemptively restrictive.Speaking at the Buffalo conference, Linda Reinfeld pointed to the wedding that was being enacted between critical theory and poetry as a kind of subtext of that gathering. Hearing Rosmarie Waldrop read, in that context, from Reproduction of Profiles suggested something very much along these lines: Waldrop has created a literary wedding, in the sense of wedding together, or fusing, of philosophy and poetry. In this work, she has taken phrases from Elizabeth Anscombe’s translation of Ludwig Wittgenstein’s Philosophical Investigations and added—weaved in—phrases of her own making. The structure of Reproduction of Profiles provokes a number of questions, including the status of Wittgenstein’s original text, which may itself be taken as a poetic work, and also the status of the Reproduction of Profiles—what kind of a work is that? Charles Bernstein is the author of a number of books of poetry, including Rough Trades, The Nude Formalism, The Lives of the Toll Takers, The Sophist, and Controlling Interests. Other books include Content’s Dream: Essays 1975-1984 and Artifice of Absorption. He coedited L=A=N=G=U=A=G=E and recently edited The Politics of Poetic Form: Poetry and Public Policy. (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)

Natural law, as a school of jurisprudence or a means to decide or consider legal cases, is considered by some as nothing more than an emotive reminiscence and by others as a foundational system upon which legal reasoning must depend.

“Die Geheimnisse der Vorväter”: Edition, Übersetzung und Kommentierung einer esoterischen mandäischen Handschrift aus der Bodleian Library Oxford. By Bogdan Burtea. Mandäistische Forschungen, vol. 5. Wiesbaden: Harrassowitz Verlag, 2015. Pp. 153, illus. €49.

American health policy today faces dual problems of too little health coverage at too high a cost. The mix of public and private financing leaves about one seventh of the population without any insurance coverage. At the same time, the coverage Americans do have costs an ever-larger share of our country's productive capacity. This "paradox of excess and deprivation" results from the incremental approach the U.S. has taken to promoting incompatible policy goals of increasing health insurance coverage and medical quality (...) while trying to control costs, without squarely confronting tradeoffs. This essay examines the record of incremental developments and draws lessons for current efforts at reform. (shrink)

American health policy today faces dual problems of too little coverage at too high a cost. The mix of private and public financing leaves about one seventh of the population without any insurance coverage. At the same time, the coverage Americans do have costs an ever-larger share of our country’s productive capacity. The U.S. pays well above what other countries pay and what many people, health plans, businesses, and governments want to pay. This “paradox of excess and deprivation” results from (...) the incremental approach the U.S. has taken to promoting incompatible policy goals of increasing health insurance coverage and medical quality while trying to control costs, without squarely confronting tradeoffs. This essay examines the record of incremental developments and draws lessons for current efforts at reform. (shrink)

Purpose. Based on tracing dualistic tendencies in the history of the concept “self” formation, the paper aims to clarify in what way dualism – contradistinction of the self and sociality, in particular – is being overcome in phenomenological and hermeneutic approaches to the self. Methodology. The systematic and integrative approaches, hermeneutic, phenomenological and retrospective methods, comparative analysis, description and synthesis underlie the research conducted in this paper. Theoretical basis. The development of the concept “self” is traced based on historical retrospective (...) of its definitions. The paper shows the influence of Kantian interpretation of the self upon the contemporary approaches, presents the comparative analysis of the most recent definitions of the self and illustrates the study results on the relation of the self to the body, the world, the narration and the identity with reference to Martin Heidegger, Paul Ricoeur and Charles Taylor in particular. Originality. An integration of phenomenological and hermeneutic approaches to the self is introduced in the paper. It is argued that phenomenological and hermeneutic interpretations can be represented as complementing each other, since they share the anti-dualist perspective and interweave in description of the key aspects of the self, particularly sociality and language. Conclusion. Dualism is overcome in the contemporary interpretations of the self as it is clear from the phenomenological and hermeneutic approaches example. There is no more acute opposition between the self and the world, the self and the body, the self and the social life of a person. The self is considered as “being-in-the-world” which unfolds through intersection of different dimensions: subjectivity, body, temporality, language and sociality. Sociality provides the self with a moral framework through identity and enables conditions for person’s self-fulfillment, since the self reaches completeness only by transcending itself towards the others. The modern discovery of the self entails the need to invent a new type of solidarity. (shrink)

While proponents of sustainability reporting believe in its potential to help corporations be accountable and transparent about their social and environmental impacts, there has been growing criticism asserting that such reporting schemes are utilized primarily as impression management tools. Drawing on Goffman’s self-presentation theory and its frontstage/backstage analogy, we contrast the frontstage sustainability discourse of a sample of large U.S. oil and gas firms to their backstage corporate political activities in the context of the passage of the American-Made Energy and (...) Good Jobs Act, also known as the Arctic National Wildlife Refuge Bill. The ANWR Bill was designed to allow oil exploration within the most sensitive environmental areas in the Refuge and this bill was vigorously debated in the United States Congress in 2005 and 2006. Our results suggest that the firms’ sustainability discourse on environmental stewardship and responsibility contrasts sharply with their less visible but proactive political strategies targeted to facilitate the passage of the ANWR Bill. This study thus contributes to the social and environmental accounting and accountability literature by highlighting the relevance of Goffman’s frontstage/backstage analogy in uncovering and documenting further the deceptive nature of the discourse contained in stand-alone sustainability reports. In addition, it seeks to contribute to the overall understanding of the multifaceted nature of sustainability reporting by placing it in relation to corporate political activities. (shrink)

Der Verfasser bemerkt, dass die Geisteswissenschaften in U. S. A. im Unterschied zu Europa fast ausschliesslich in d*nn offiziellen Rahmen der Universitäten betrieben werden. Sie standen nicht im Mittelpunkt des allgemeinen Interesses und genossen keine starke materielle Unterstützung. Die Sozialforschung hat sich ausserordentlich spezialisiert, und obwohl, namentlich durch den Einfluss der deutschen Soziologie, ein gewisses Interesse an Synthesen und Zusammenfassungen besteht, sind dennoch die amerikanischen Sozialwissenschaften ständig davon bedroht, sich mit einer blossen Anhäufung von grossem empirischem Material zu begnügen. Es (...) ist geradezu ihre Schicksalsfrage, ob es ihnen gelingt, die ausgedehnten materialreichen Einzeluntersuchungen zu einer wirklichen gesellschaftlichen Theorie zu organisieren.L’auteur remarque que, aux États-Unis, à la différence de ce qui se passe en Europe, les sciences morales sont cultivées presque exclusivement dans le cadre officiel des universités. Elles n’étaient pas pour le public un objet d’intérêt central et ne recevaient pas de grands soutiens matériels. La recherche sociale s’est extraordinairement spécialisée, et encore que, en particulier sous l’influence de la sociologie allemande, il existe un certain intérêt pour les synthèses et les ensembles, les sciences sociales américaines restent cependant toujours menacées de se contenter d’une simple accumulation d’un matériel empirique considérable. C’est là véritablement pour elles la question décisive : réussiront-elles à organiser les recherches de détail étendues, riches de faits, en une véritable théorie de la société? (shrink)

Volume 8 of this landmark edition follows Peirce from May 1890 through July 1892—a period of turmoil as his career unraveled at the U.S. Coast and Geodetic Survey. The loss of his principal source of income meant the beginning of permanent penury and a lifelong struggle to find gainful employment. His key achievement during these years is his celebrated Monist metaphysical project, which consists of five classic articles on evolutionary cosmology. Also included are reviews and essays from The Nation in (...) which Peirce critiques Paul Carus, William James, Auguste Comte, Cesare Lombroso, and Karl Pearson, and takes part in a famous dispute between Francis E. Abbot and Josiah Royce. Peirce's short philosophical essays, studies in non-Euclidean geometry and number theory, and his only known experiment in prose fiction complete his production during these years. Peirce's 1883-1909 contributions to the Century Dictionary form the content of volume 7 which is forthcoming. (shrink)

Harvey (philosophy, U. of Central Arkansas) argues that the phenomenology of German philosopher Edmund Husserl is a response to the dualisms that emerged from 17th c. philosophy. He sheds light on the relation classical phenomenology has to broad concerns in the history of philosophy. Annotation copyrighted by Book News, Inc., Portland, OR.

This paper addresses three questions central to the ethical analysis of risks and potential benefits in human subjects research: 1. How was the ethical analysis of risk understood by the members of the U.S. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (National Commission)? 2. What conceptual framework should guide the ethical analysis of risk? 3. What changes to U.S. regulations would the implementation of such a framework require?

Is there no balm in Gilead; is there no physician there? Why then is not the health of the daughter of my people recovered?In July of 2004, Cambodian sex workers staged a protest of an HIV prevention trial set to enroll 900 sex workers in Phnom Penh, charging the study planners with exploitation. The Cambodian study was one of a series of international clinical trials sponsored by the U.S. National Institutes of Health, U.S. Centers for Disease Control and Prevention, and (...) the Bill and Melinda Gates Foundation testing the safety and efficacy of tenofovir, an antiretroviral drug produced by Gilead Sciences, Inc., to prevent HIV transmission. To date, two of these international studies have been closed and one is suspended, prompting calls for re-examination of the ethics of HIV prevention trials. (shrink)

Only months following the declaration of the Turkish Republic in October 1923, Turkey’s newly appointed Minister of Public Instruction, Sefa Bey, invited U.S. philosopher and educator John Dewey to survey his fledgling country’s educational system. Having just emerged from a brutal war for independence, Turkey was beginning a process of rapid modernization under the leadership of Mustafa Kemal “Atatürk,” and government officials looked to Dewey for recommendations on how to make Turkish schools agencies of social reform that would advance their (...) state’s identity as a democratic republic. Dewey traveled for two months throughout the country with his wife, Alice, and met with teachers and government officials in .. (shrink)

Natural and industrial disasters are increasing in the U.S., and the terrorist threat is still with us. Our response has been proximate — remediation and protection B rather than basic B reducing our vulnerabilities. Reducing vulnerabilities will involve the deconcentration of hazardous materials, of population density in vulnerable areas, and of private centers of economic and political power. The objection that deconcentration will entail economic inefficiencies is addressed by examining four systems that are very large, highly efficient, robust, radically decentralized, (...) and innovative: the Internet, the electric power grid, networks of small firms, and, alas, terrorist networks. All are threatened, but regulation by a strong state could preserve the efficiency of the first three, and muster the tools to thwart the fourth. (shrink)

In February 1993, Judge Charles R. Richey of the United States District Court issued a summary judgment in the case of Animal Legal Defense Fund, et al. v. The Secretary of Agriculture, et al. The decision, which was in favor of the Animal Legal Defense Fund, requires the U.S. Department of Agriculture to withdraw its current regulations governing exercise for dogs and the psychological well-being of nonhuman primates used for biomedical research and to issue new regulations containing only minimum, (...) measurable standards. Both plaintiffs and defendants contended that they were seeking the best interests of the laboratory animals. The issue at stake is whether animals are better protected if the government establishes limited minimal standards or is allowed to require institutions to provide additional standards, which will be judged on the basis of their effectiveness in maintaining healthy animals. The Court avoided this dispute, however, by placing primary emphasis on applying the Administrative Procedures Act and stating that it was merely interpreting the "plain meaning" of the Animal Welfare Act, as amended. In this article, arguments are presented for interpreting the law in a far more flexible way than Judge Richey did. The conclusion is also reached that there were no winners in the Animal Legal Defense Fund case and that the real losers are the laboratory animals. (shrink)

Hartshorne (emeritus, U. of Texas), possibly the foremost living American philosopher, offers less a chronological autobiography than an anecdotal memoir and meditation associating his philosophical beliefs with specific life situations.

Peirce, Ch. S. Die Festlegung einer Überzeugung.--Peirce, Ch. S. Was heisst Pragmatismus?--James, W. Der Wille zum Glauben.--James, W. Der Wahrheitsbegriff des Pragmatismus.--Schiller, F. C. S. Humanismus.--Dewey, J. Pragmatismus und Pädagogik.

Despite the ubiquity and critical importance of science and technology in international affairs, their role receives insufficient attention in traditional international relations curricula. There is little literature on how the relations between science, technology, economics, politics, law and culture should be taught in an international context. Since it is impossible even for scientists to master all the branches of natural science and engineering that affect public policy, the learning goals of students whose primary training is in the social sciences should (...) be to get some grounding in the natural sciences or engineering, to master basic policy skills, to understand the basic concepts that link science and technology to their broader context, and to gain a respect for the scientific and technological dimensions of the broader issues they are addressing. They also need to cultivate a fearless determination to master what they need to know in order to address policy issues, an open-minded but skeptical attitude towards the views of dueling experts, regardless of whether they agree with their politics, and (for American students) a world-view that goes beyond a strictly U.S. perspective on international events. The Georgetown University program in Science, Technology and International Affairs (STIA) is a unique, multi-disciplinary undergraduate liberal arts program that embodies this approach and could be an example that other institutions of higher learning might adapt to their own requirements. (shrink)

Addressing such issues as the claims of critics that the application of psychoanalysis to literature, philosophy, the arts, and history results in interpretations that are speculative, externally imposed, reductionistic, and subjective, Hanly (philosophy, U. of Toronto; training analyst, Toronto Psychoanalytic Institute) searches for objectivity in the epistemological foundations and methods of applied psychoanalysis. Annotation copyrighted by Book News, Inc., Portland, OR.

When the American colonists crossed, first the Atlantic, and then the mountains and the prairies, on their way westward they tended to leave certain things behind: the fine arts most obviously, but also theoretical science. Three things, however, were not left behind, at least not for long: the art of government, religion, and philosophy. The first could not be dispensed with, nor the second; and indeed, the very reasons for leaving the Old World were often intensely religious. Also philosophizing, like (...) religion, is almost native to man as such. Moreover, the diversity of religions favored philosophical reflection, and it led to the early establishment of freedom of thought to a degree which had been uncommon in western civilization generally. So we need not be surprised that Jonathan Edwards was far better as a theologian and philosopher than any of the colonists was as a scientist. Down to the end of the nineteenth century the country produced only one natural scientist of superb quality, Willard Gibbs, and it is typical of the situation that few U.S. citizens have even heard of him. Pure scientific theory was not greatly encouraged in a land where the need was for applications of existing knowledge to transform a wilderness into farms, habitations, roads, railroads, and other means of communication. The inventor, not the scientist, was most honored. Practicality was in order. But the political and religious questions were not to be evaded, and reflection upon them could be accepted as practical enough. Such reflections easily led into the depths of philosophy. Thus it was perhaps almost predictable that Gibbs should have been followed by a half-dozen philosophers of great distinction, and many others of only lesser merit. Europe does not yet quite realize it, but this was one of the supreme philosophical flowerings of all times and all lands. (shrink)

This scenario-based study examines the perceptions of university students in the United States and Australia regarding the ethics and acceptability of various sales practices. Study results indicate several significant differences between U.S. and Australian university students regarding the perceptions of ethical and acceptable sales practices. These differences centered on company-salesperson and salesperson-customer relationships. The findings are significant for the employer, and have consequences for customers and competitors. They also have implications for recruiters and managers of salespeople, academics with an interest (...) in understanding cross-national differences in sales ethics, and educators preparing students for future careers as business professionals. (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)