Over the last two decades, legal scholarship has been catching up with the more than century old calls by black Americans for reparations.1 Tax scholar Boris Bittker (in)famously launched the viability of black reparations into legal scholarship with his now classic monograph, The Case for Black Reparations.2 However, it would take more than twenty years for mainstream legal scholarship to take up the robust and wide-ranging set of questions raised by the possibility of reparations for American slavery.3 In the late (...) 1990s private law scholars leapt into the debate, discussing unjust enrichment and torts-based models of black reparations.4 While these scholars made a variety of distinct arguments, collectively, their model rested on the contention that America had wrongfully expropriated the labor of generations of enslaved African Americans and the result had been systemic unjust enrichment, or a species of mass torts. Grounded in various conceptions of corrective justice, these models conceive black reparations as a set of claims that would be litigated through the courts. Over the ensuing two decades, the private law model has become somewhat of an outlier in reparations discussions, largely set aside in favor of broader, more explicitly political approaches. (shrink)

This book critically examines nine pre-service teacher candidates, and the author’s experience, to explore the ways in which white educators manifest understandings of white racial identity and professional choice through oral narratives. Ultimately the text proposes a new, non-developmental model for thinking about white racial identity.

In lieu of an abstract, here is a brief excerpt of the content:President’s Council on BioethicsEdmund D. Pellegrino (bio) and F. Daniel Davis (bio)Approximately two weeks before what was to have been its final meeting, the White House dissolved the President’s Council on Bioethics by terminating the appointments of its 18 members. The letters of dismissal, dated 10 June 2009, informed the members that their service on the Council would end with the close of business the next day.The Council’s (...) term was set to expire on 30 September 2009. After President Obama’s election in November and during the transition, we were advised to proceed on the assumption that the Council would be permitted to cease on that date. Reasons for the abrupt move to disband the Council are unknown. We have accepted the fact that we Council members served at the pleasure of the President and that he simply exercised his rightful prerogative. No explanation is therefore required.Some observers have speculated that the action was retaliatory. They related to the fact that several members of the Council disagreed with the President’s stem cell policy in a signed statement published in the Hastings Center’s Bioethics Forum. Others have speculated that the move was pre-emptive. At its final meeting, scheduled for 25–26 June, the Council was set to sign-off on two of its final publications. One was a comprehensive report on the ethics of organ transplantation, and the other a white paper entitled Health Care and the Common Good. The aim was immediately to release the latter as a contribution to the intensifying debate about health care reform. Health Care and the Common Good could well have aided rather than impeded the President’s drive to better control health care costs and achieve universal coverage. The Council report attempted to ground both goals in the ethical framework of, as the title indicates, the common good of all Americans.In his letter terminating the members’ appointments, Assistant to the President for Presidential Personnel Don Gips said that the President “recognizes the values of having a commission of experts in bioethical issues to provide objective and non-ideological bioethics advice to his administration.” Gips went on to say that the President is “currently rethinking the purposes and goals of such a bioethics commission, and is carefully considering a revitalized mission and mandate.” And, [End Page 309] responding to media enquiries, White House press officer Reid Cherlin explained that the President’s Council was terminated because it was a “philosophically leaning advisory group” and, according to a New York Times account by Nicholas Wade, “because it favored discussion over developing a shared consensus.” As for the ultimate outcome of the President’s “rethinking,” Cherlin indicated that President Obama will appoint a new commission with the mandate of offering “practical policy options” in bioethics.In the light of our experiences with the Council, we leave it with hopes that certain questions of national importance will be addressed. In light of the nature of federal advisory commissions, what is or are the proper roles of a national bioethics commission? If the aim is to provide advice and counsel to the President or, perhaps to the U. S. Congress, is that advice best rendered as a group consensus or as an in-depth exploration of the inevitably conflicting ethical perspectives on a given issue? How should such a commission be constituted—with what sorts of individuals? And what is the nature of the expertise that they individually and collectively bring to the commission’s functions? If the commission is to promote public debate and discussion, how exactly should it go about that task? And how is the efficacy of a commission to be assessed? Such questions inevitably lead us deep into contested territory, as the experience of this Council has shown: into the intersections of politics, religion, and science and into the relations between practice and theory—between policy and what some seem to deride as “philosophy.” Indeed, policy without an underlying philosophy is an edifice without a foundation; philosophy without policy is a foundation without an edifice.At the last meeting of the Council in March 2009, we launched a discussion of these questions with the... (shrink)

The large body of literature labeled “ethics in nursing education” is entirely devoted to curricular matters of ethics education in nursing schools, that is, to what ought to be the ethics content that is taught and what theory or issues ought to be included in all nursing curricula. Where the nursing literature actually focuses on particular ethical issues, it addresses only single topics. Absent from the literature, however, is any systematic analysis and explication of ethical issues or dilemmas that occur (...) within the context of nursing education. The objective of this article is to identify the spectrum of ethical issues in nursing education to the end of prompting a systematic and thorough study of such issues, and to lay the groundwork for research by identifying and provisionally typologizing the ethical issues that occur within the context of academic nursing. (shrink)

This book critically examines nine pre-service teacher candidates, and the author’s experience, to explore the ways in which white educators manifest understandings of white racial identity and professional choice through oral narratives. Ultimately the text proposes a new, non-developmental model for thinking about white racial identity.

An experiment investigated the relationship between the ability to encode verbal stimuli during an attentional lapse. The task employed a variation on the sustained attention to response task which involved the detection of an infrequent target against a background of words. As a manipulation, participants were either instructed to encode the stimuli or were merely exposed to the stimuli. Retrieval was measured using process dissociation. Irrespective of the instructions given to the participants during the task, participants were more likely to (...) retrieve information on the basis of recollection after an error was made than before, whilst the likelihood of retrieving information on the basis of familiarity remained invariant over the same period. The implications of this result for methods of investigating subjective experience are discussed. (shrink)

© 2015 NATCO, The Organization for Transplant Professionals.Despite the known benefits of kidney transplant, less than 30% of the 615 000 patients living with end-stage renal disease in the United States have received a transplant. More than 100 000 people are presently on the transplant waiting list. Although the shortage of kidneys for transplant remains a critical factor in explaining lower transplant rates, another important and modifiable factor is patients' lack of comprehensive education about transplant. The purpose of this article (...) is to provide an overview of known best practices from the broader literature that can be used as an evidence base to design improved education for ESRD patients pursuing a kidney transplant. Best practices in chronic disease education generally reveal that education that is individually tailored, understandable for patients with low health literacy, and culturally competent is most beneficial. Effective education helps patients navigate the complex health care process successfully. Recommendations for how to incorporate these best practices into transplant education design are described. Providing more ESRD patients with transplant education that encompasses these best practices may improve their ability to make informed health care decisions and increase the numbers of patients interested in pursuing transplant. (shrink)

ABSTRACTRecognising a facial expression is more difficult when the expresser's body conveys incongruent affect. Existing research has documented such interference for universally recognisable bodil...

ABSTRACTWe conducted two studies to determine whether there is a relationship between dispositional optimism and the attribution of good or bad luck to ambiguous luck scenarios. Study 1 presented five scenarios that contained both a lucky and an unlucky component, thereby making them ambiguous in regard to being an overall case of good or bad luck. Participants rated each scenario in toto on a four-point Likert scale and then completed an optimism questionnaire. The results showed a significant correlation between optimism (...) and assignments of luck: more optimistic people rated the characters in the ambiguous scenarios as more lucky while more pessimistic people rated the same characters in the same scenarios as more unlucky. Study 2 separated the good and bad luck components of the study 1 scenarios and presented the components individually to a new group of participants. Participants rated the luckiness of each component on the same four-point scale and then completed the optimism questionnaire. We found... (shrink)

Philosophers have developed three theories of luck: the probability theory, the modal theory, and the control theory. To help assess these theories, we conducted an empirical investigation of luck attributions. We created eight putative luck scenarios and framed each in either a positive or a negative light. Furthermore, we placed the critical luck event at the beginning, middle, or end of the scenario to see if the location of the event influenced luck attributions. We found that attributions of luckiness were (...) significantly influenced by the framing of the scenario and by the location of the critical event. Positively framing an event led to significantly higher lucky ratings than negatively framing the same exact event. And the closer a negative event was placed toward the end of a scenario, the more unlucky the event was rated. Overall, our results raise the possibility that there is no such thing as luck and thereby pose serious challenges to the three prominent theories of luck. We instead propose that luck may be a cognitive illusion, a mere narrative device used to frame stories of success or failure. (shrink)

Three experiments investigated the relationship between subjective experience and attentional lapses during sustained attention. These experiments employed two measures of subjective experience to examine how differences in awareness correspond to variations in both task performance and psycho-physiological measures . This series of experiments examine these phenomena during the Sustained Attention to Response Task . The results suggest we can dissociate between two components of subjective experience during sustained attention: task unrelated thought which corresponds to an absent minded disengagement from the (...) task and a pre-occupation with one's task performance that seems to be best conceptualised as a strategic attempt to deploy attentional resources in response to a perception of environmental demands which exceed ones ability to perform the task. The implications of these findings for our understanding of how awareness is maintained on task relevant material during periods of sustained attention are discussed. (shrink)

Medical-legal partnerships connect legal advocates to healthcare providers and settings. Maintaining effectiveness of medical-legal partnerships and consistently identifying opportunities for innovation and adaptation takes intentionality and effort. In this paper, we discuss ways in which our use of data and quality improvement methods have facilitated advocacy at both patient (client) and population levels as we collectively pursue better, more equitable outcomes.

Philosophers have developed three theories of luck: the probability theory, the modal theory, and the control theory. To help assess these theories, we conducted an empirical investigation of luck attributions. We created eight putative luck scenarios and framed each in either a positive or a negative light. Furthermore, we placed the critical luck event at the beginning, middle, or end of the scenario to see if the location of the event influenced luck attributions. We found that attributions of luckiness were (...) significantly influenced by the framing of the scenario and by the location of the critical event. Positively framing an event led to significantly higher lucky ratings than negatively framing the same exact event. And the closer a negative event was placed toward the end of a scenario, the more unlucky the event was rated. Overall, our results raise the possibility that there is no such thing as luck and thereby pose serious challenges to the three prominent theories of luck. We instead propose that luck may be a cognitive illusion, a mere narrative device used to frame stories of success or failure. (shrink)

Psychophysical studies of change blindness indicate that, at any instant, human observers are aware of detail in few parts of the visual field. Such results suggest, to some theorists, that human vision reconstructs only a few portions of the visual scene and that, to bridge the resulting representational gaps, it often lets physical objects serve as their own short-term memory. We propose that human vision reconstructs no portion of the visual scene, and that it never lets physical objects serve as (...) their own short-term memory. (shrink)

At the 1983 Summer Conference on the Institute on Religion in an Age of Science, working groups chaired by the coauthors outlined some of the prospects for the use of somatic and germ line genetic engineering and related biological technologies to alleviate disease and to modify human behavior. They then offered a series of recommendations concerning the application of genetic engineering to persons and the monitoring of medical research and therapy.

Cognitive Science, Volume 46, Issue 1, January 2022.

Facial electromyography (EMG) was used to investigate patterns of facial mimicry in response to partial facial expressions in two contexts that differ in how naturalistic and socially significant the faces are. Experiment 1 presented participants with either the upper- or lower-half of facial expressions and used a forced-choice emotion categorisation task. This task emphasises cognition at the expense of ecological and social validity. Experiment 2 presented whole heads and expressions were occluded by clothing. Additionally, the emotion recognition task is more (...) open-ended. This context has greater social validity. We found mimicry in both experiments, however mimicry differed in terms of which emotions were mimicked and the extent to which the mimicry involved muscle sites that were not observed. In the more cognitive context, there was relatively more motor matching (i.e. mimicking only what was seen). In the more socially valid context, participants were less likely to mimic only what they saw – and instead mimicked what they knew. Additionally, participants mimicked anger in the cognitive context but not the social context. These findings suggest that mimicry involves multiple mechanisms and that the more social the context, the more likely it is to reflect a mechanism of social regulation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Addressing Alterity:Rhetoric, Hermeneutics, and the Nonappropriative RelationDiane DavisTeaching is not reducible to maieutics; it comes from the exterior and brings me more than I contain.—Emmanuel Levinas, Totality and InfinityThere is always the matter of a surplus that comes from an elsewhere and that can no more be assimilated by me, than it can domesticate itself in me. A teaching that may part ways with Heidegger's motif of our being (...) able to learn only what we already understand—when does learning take place? what do we already understand?—the Conversation belongs, as ethical relation, to the effort of thinking the infinite, the transcendent, the Stranger. None of this amounts to thinking an object.—Avital Ronell, DictationsFrom Rhetorical Power to Reception Histories Steven Mailloux has brilliantly performed and explicated a "rhetorical hermeneutics" that demonstrates the "practical inseparability of interpretation and language use and thus of the discourses that theorize those practices, hermeneutics and rhetoric" (1998, 3). Many rhetoricians have challenged the specifics of Mailloux's various arguments and have more generally objected that "rhetorical hermeneutics" leans too far toward the hermeneutical, reducing rhetoric to an analytic or critical art and giving its productive (political) function the squeeze.1 Yet within these lively debates, very few have challenged his basic premise that rhetoric and hermeneutics are inextricably intertwined: the question has not been whether they are indissociable but which side of the production-reception coin rhetorical studies ought to emphasize.2 Michael Leff, for example, flipped Mailloux's adjective-noun relation to spotlight production, promoting a "hermeneutical rhetoric" that focuses more on political than literary texts; nonetheless, he agrees that "all interpretive work involves participation in a rhetorical exchange, and that every rhetorical exchange involves some interpretive work" (1997, 197-98). [End Page 191] Rosa Eberly goes further in Citizen Critics, offering a hermeneutical rhetoric that is less interested in "already-written discourses" than in spotlighting "rhetoric's power as an art productive of discourses and subjectivities for the present and the future" (2000, 34). Yet Eberly, too, affirms Mailloux's basic premise, which was nudged in the direction of conflation in the introduction to the 1997 collection Rhetoric and Hermeneutics in Our Time, in which the editors, Walter Jost and Michael Hyde note in passing that their title can "be understood as virtually tautological."And there is of course no doubt that rhetoric has a hermeneutic dimension; or, more carefully, that rhetoric constitutes the hermeneutic dimension. If "hermeneutics" indicates "the art of understanding," as Friedrich Schleirmacher wanted, then interpretation clearly depends upon production.3 "Rhetoric not only has its place within the sphere of objects surveyed by hermeneutics," as Werner Hamacher puts it, "but also constitutes an integral component of every hermeneutic operation. Every step in an interpretation corresponds to a rhetorical—or grammatical—figure" (1996, 70). Put more bluntly: intelligibility, including self-intelligibility, is a tropological product; cognition itself is a trope that can in no way be secured. Hermeneutics—as it's being used here—is completely dependent on, even absorbed by, rhetoric.4 I have no problem with this. Nor with Mailloux's suggestion that the reverse is also true:In some ways rhetoric and interpretation are practical forms of the same extended human activity: Rhetoric is based on interpretation; interpretation is communicated through rhetoric. Furthermore, as a reflection on practice, hermeneutics and rhetorical theory are mutually defining fields: hermeneutics is the rhetoric of establishing meaning, and rhetoric the hermeneutics of problematic linguistic situations.(Mailloux 1998, 4)I don't disagree: As the production and appropriation of meaning, rhetoric and hermeneutics are an indissociable team; together, they complete understanding's circle. I take this as a given.However, I want to suggest that there is also a non-hermeneutical dimension of rhetoric that has nothing to do with meaning-making, with offering up significations to comprehension. This dimension is reducible neither to figuration nor to what typically goes by the name persuasion; it is devoted to a certain reception, but not to the appropriation of meaning. Preceding and exceeding all hermeneutic interpretation, it deals not in signified meaning but in the address itself, in the exposure to the other; it deals not... (shrink)