This article constitutes excerpts of a videotaped discussion hosted by the New England Journal of Medicine on January 14, 2008, concerning a range of topics on lethal injection prompted by the United States Supreme Court's January 7 oral arguments in Baze v. Rees. Dr. Atul Gawande moderated the roundtable that included two anesthesiologists - Dr. Robert Truog and Dr. David Waisel - as well as law professor Deborah Denno. The discussion focused on the drugs used in lethal injection executions, (...) whether physicians should participate, potential alternatives, and some of the legal parameters of Baze. (shrink)

“It is this distancing of personal relationships, combined with their replacement by written contractual terms and conditions, which make the discussion of ethics within a corporate institutionalised context highly limited and problematic.’ The challenge is to find means of personalising modern corporations so as to encourage ethical behaviour. Atul K. Shah PhD ACA gained his doctorate from the London School of Economics and is Lecturer in the Department of Accounting and Financial Management, at the University of Essex, Wivenhoe Park, (...) Colchester CO4 3SQ; e‐mail [email protected]. This article was conceived while he was Visiting Assistant Professor at the College of Business, University of Maryland, USA. The author wishes to thank Dan Ostas, Lee Preston and Stephen Loeb for helpful comments on earlier drafts. (shrink)

This article takes the linguistic space of North India during the nineteenth and twentieth centuries and tries to see how a nationalistic linguistic ideology that was shaping up at that time, creating Hindi and Urdu linguistic communities, used gender as a tool to portray and assert a masculinist vision of language and nation. It involved not just censoring certain representations of women and their cultural spaces, but also using the issue of ‘vulgar’ representations as a premise to marginalize certain languages (...) and their literature. The article looks at the colonial ideology that worked as an enforcer for the nationalists to work towards achieving what they felt as a sanitized and moral form of literature and culture. The linguistic ideology that accompanied these revisions was of projecting Hindi (Khari Boli) as a national language while limiting spaces of other languages, such as Braj, Urdu and Bhojpuri, in the region, by criticizing either their use of sexual imagery or by stereotyping them in a gendered way. This article investigates the arguments of nationalist writers and highlights their masculinist and patriarchal ideas in their bid for the new national language. (shrink)

We examine whether social capital mitigates managerial opportunism around share repurchase announcements. We find that firms headquartered in high social capital states are associated with: (i) higher repurchase completion rates, and more so in environments where governance is weak and the potential for misleading investors is high, (ii) a smaller likelihood of information manipulation such as revealing bad news before repurchases, and (iii) lower completion rates when shares are less undervalued. By documenting that firms’ external social environments help curb managerial (...) opportunism, our study suggests that the location of headquarters facilitates trustworthiness and affects ethical considerations in corporate announcements. (shrink)

Organizations of all types are vulnerable to frauds. Banks contribute to a significant extent in a country’s economic development by generating a large part of revenue in the service sector. Deterrence of fraud is impossible without understanding it. The present study attempts to extract themes by highlighting the major areas of the bank fraud literature within a specific time frame of 2000–2019 and finding the research gaps citing the future scope for research. Post the review of existing literature, using thematic (...) analysis, two major themes were observed by the author, namely, “regulatory and compliance”–based studies and studies related to the “socio psychological” aspect of the literature. An examination of themes indicated that the popularity of the research areas shifted from accounting frauds or balance sheet frauds in early 2000s to areas such as cyber frauds and identity theft at the later decade. The present study paves way forward for future research on the bank customer’s vigilance, experiences and perspectives on frauds. Other significant areas of research include coping mechanisms with the various challenges faced by banks in marketing themselves after any major fraud occurrence. (shrink)

From the financial year 2014-15, the Indian corporate sector was made to comply with a newly introduced Sect. 135 (5) by the Companies Act of 2013. The rule required select companies to spend 2% of their average net profits on CSR initiatives. This paper tries to find if the companies have complied with the provision based on data for six financial years starting 2014-15. CSR performance of the top thirty companies forming part of the Bombay Stock Exchange (BSE) Sensex was (...) evaluated and a CSR Spend-to-Obligation (CSR SO) Index was calculated comparing the actual spend vis-à-vis the obligatory requirement. A quantitative and a qualitative methodology were used for the analysis. The quantitative method involved computation of the CSR SO index at various levels. The “quality” of the CSR expenditure was also assessed by speaking to twelve experts from the Corporate to find out if the expenditure was in the right direction. The results show that the aggregate average six-year CSR SO index for the 30 Sensex companies is 0.98, suggesting that companies comply with the requirements of mandatory CSR. Moreover, the experts confirm that CSR spending is in the right spirit and direction. It certainly has a long-term orientation and qualifies as quality spending. A novel CSR-SO index is presented that compares CSR performance by comparing actual CSR spending with obligatory requirements. This index can act as a barometer for CSR performance and facilitate objective evaluation. Additionally, the qualitative assessment of CSR spending shows a holistic approach to evaluating CSR. (shrink)

Criminal juries in the United States typically deliver their decisions through a “general verdict,” expressing only their ultimate conclusion of “guilty” or “not guilty,” rather than through a “special verdict” that identifies whether each element of the charged crime has been proven beyond a reasonable doubt. American courts have broadly favored the use of general verdicts in criminal cases due to concerns that the special verdict will curtail the jury’s decision-making autonomy, including its power to nullify the law in favor (...) of the defense, potentially undermining the criminal defendant’s constitutional right to trial by jury. This Article confronts the legal status quo on verdict format and its underlying, untested assumptions. Drawing upon prior psychology findings and legal professionals’ anecdotal observations, it questions whether the general verdict poses its own under-acknowledged threats to the rights of criminal defendants and the decision-making agency of jurors. While the more guided special verdict format is presumed to threaten nullifying acquittals, the unguided general verdict format might be enabling convictions that violate constitutional norms of due process, impartial adjudication, and equal protection. Given the high-stakes values potentially implicated in the choice of verdict format in criminal cases, it is time to put the conventional wisdom in favor of general verdicts to an empirical test. This Article therefore proposes a methodological framework for investigating whether the legal status quo accurately reflects (1) current stakeholders’ preferences and predictions, and (2) experimentally testable legal and cognitive effects of general versus special verdicts in lay determinations of criminal liability. A data-informed understanding is needed to assess whether the general verdict is optimizing the integrity, fairness, and constitutionality of criminal jury decision making. (shrink)

Purpose: Physicians are often reluctant to discuss “Do Not Resuscitate” orders with patients. Although perceived self-efficacy is a known prerequisite for behavioural change, little is understood about the confidence of physicians regarding DNR discussions.Subjects and methods: A survey of 217 internal medicine attendings and 132 housestaff at two teaching hospitals about their attitudes and confidence regarding DNR discussions.Results: Participants were significantly less confident about their ability to discuss DNR orders than to discuss consent for medical procedures , and this was (...) true for both attendings and housestaff . In a multivariate logistic model of confidence regarding DNR discussions, women were less confident than men ; house officers were less confident than attendings , those who were less confident of their ability to discuss medical procedures were less confident discussing DNR , and those who found talking to patients about DNR orders very difficult reported less confidence than those who did not .Conclusion: We conclude that physicians’ confidence regarding DNR discussions is low compared with their confidence regarding other medical discussions and that confidence varies by sex and perceived difficulty of the task. Efforts to improve DNR discussions should explore the need to tailor educational interventions to fit these characteristics. (shrink)

“It is this distancing of personal relationships, combined with their replacement by written contractual terms and conditions, which make the discussion of ethics within a corporate institutionalised context highly limited and problematic.’ The challenge is to find means of personalising modern corporations so as to encourage ethical behaviour. Atul K. Shah PhD ACA gained his doctorate from the London School of Economics and is Lecturer in the Department of Accounting and Financial Management, at the University of Essex, Wivenhoe Park, (...) Colchester CO4 3SQ; e‐mail [email protected]. This article was conceived while he was Visiting Assistant Professor at the College of Business, University of Maryland, USA. The author wishes to thank Dan Ostas, Lee Preston and Stephen Loeb for helpful comments on earlier drafts. (shrink)

Aim: Patients with advanced cancer need information about end-of-life treatment options in order to make informed decisions. Clinicians vary in the frequency with which they initiate these discussions.Patients and methods: As part of a long-term longitudinal study, patients with an expected 2-year survival of less than 50% who had advanced gastrointestinal or lung cancer or amyotrophic lateral sclerosis were interviewed. Each patient’s medical record was reviewed at enrollment and at 3 months for evidence of the discussion of patient wishes concerning (...) ventilator support, artificial nutrition and hydration , resuscitation and hospice care. A Kaplan–Meier analysis was also performed and 2-year survival calculated.Results: 60 cancer and 32 ALS patients were enrolled. ALS patients were more likely than cancer patients to have evidence of discussion about their wishes for ventilator support , ANH , DNR and hospice care . At 6 months, 91% of ALS patients were alive compared with 62% of cancer patients; at 2 years, 63% of ALS patients were alive compared with 23% of cancer patients .Conclusions: Cancer patients were less likely than ALS patients to have had documented advanced care planning discussions despite worse survival. This may reflect perceptions that ALS has a more predictable course, that advanced cancer has a greater number of treatment options, or differing views about hope. Nevertheless, cancer patients may be less adequately prepared for end-of-life decision-making. (shrink)

Conceptualized outside the theoretical framing of both liberal as well as critical approaches, this book re-imagines the law by exploring the contradictions and polarities of in terms of its relationship with violence. It encompasses and interweaves themes and ideas as diverse as death penalty, community might, state sovereignty on the one hand, to animal rights, sexual consent, children's agency and LGBT rights, on the other. While acknowledging that law is fundamentally and inherently tied to violence, the objective of this eclectic (...) collection is to respond to and engage with the violence of law by exploring alternate ways of conceptualizing, reading, practising, and making the law. (shrink)

Johnson and Stricker published an opinion piece in the Journal of Medical Ethics presenting their perspective on the 2008 agreement between the Infectious Diseases Society of America (IDSA) and the Connecticut Attorney General with regard to the 2006 IDSA treatment guideline for Lyme disease. Their writings indicate that these authors hold unconventional views of a relatively common tick-transmitted bacterial infection caused by the spirochete Borrelia burgdorferi. Therefore, it should come as no surprise that their opinions would clash with the IDSA's (...) evidence-based guidelines for the diagnosis and treatment of Lyme disease. Their allegations of conflict of interest against the IDSA resemble those made against the National Institutes of Health, the Food and Drug Administration and the Centers for Disease Control and Prevention in 2000, which were found to be baseless. It is the responsibility of all physicians and medical scientists to stand up to antiscientific, baseless and unethical attacks on those who support an evidence-based approach to caring for patients. (shrink)

Background and rationale Clinicians often encounter a variety of ethical challenges in their routine clinical practice, and it varies across healthcare and cultural settings of their practice. Despite of this, there are no clear-cut available guidelines concerning the right course of action in a given ethically challenging situation. A validated instrument that could capture the health care providers’ viewpoints in this regard is lacking from Indian settings. Thus, the current study aimed at developing an instrument to assess the HCP’s perspective (...) regarding different ethically challenging situations encountered in the Indian settings. Methods The questionnaire was developed by involving 15 medical experts. A mixed-method approach, Delphi-technique, and online survey were used for item generation and validation. Results The questionnaire comprised of 11 items representing four factors: health-resource constraints, medical responsibility of the HCP, obtaining patients/family members’ consent for the treatment, and treatment beyond the standard protocol. The gender and clinical disciplines of the participants were related to their level of endorsement for various domains of the ECCS-Q. Conclusions Ethical challenges in the clinical practice fall in different clusters. The clinicians’ course of action in such situations have many socio-demographic and professional determinants. Future studies are warranted to investigate these phenomena. (shrink)

India and the Heartlands: An Eighteenth-Century World of Circulation and Exchange. By Gagan D. S. Sood. Cambridge: Cambridge University Press, 2016. Pp. xvii + 338. $99.99, £64.99.

The 2006 trial of Suman Sood put criminal abortion on the public agenda for the first time in 25 years in NSW. Response to the case highlights tenacious myths about abortion law in Australia; namely that the common law “is an ass” that allows for abortion only by way of a lack of application of the law. By briefly explaining the history of abortion in Australia, I argue that the Sood case does not represent a general failure of (...) the common law to allow abortion, nor does it support the popular myth that abortion is “technically” illegal, or that doctors who perform abortions have historically been the target of the criminal law in Australia. I show that contrary to myths promoted particularly around the 1998 Western Australian reforms, abortion has long been lawful in Australia, and the common law has merit compared to other regulatory regimes. Hence, arguments for alternative abortion regimes should not depend on myths which are shown to be unrepresentative of the political and legal situation in Australia. (shrink)

By 1999, when Atul Gawande's essay “Whose Body Is It, Anyway?” appeared in The New Yorker, patient autonomy had largely trumped physician paternalism in American medical practice. Gawande uses the stories of actual patients to attempt his counter case for physicians' “talking patients through their decisions.” Toward the end of his essay, Gawande acknowledges that “many ethicists find this line of reasoning disturbing,” but he reassures his readers that “the real task isn't to banish paternalism; the real task is (...) to preserve kindness.”What troubles me, however, is not so much the ethical position Gawande takes but the way he structures his narrative to support his position. “Whose Body Is It, Anyway?” offers an important example for close scrutiny because, in my experience, it so effectively engages readers‐especially medical students‐and persuades them to accept the ethical position it puts forward. Yet Gawande's own reflections about this issue do not stop with this essay. As he has gained clinical experience, he has continued his ethical reflections, and the stories that he tells have changed significantly over the years. I will argue here that close reading and careful narrative scrutiny can alert those who read this essay apart from Gawande's later work to some of the pitfalls in this kind of narrative ethics. (shrink)

Simonet, Emanuel Nicolas Cortes Atul Gawande's book Being Mortal: Illness, Medicine, and What Matters in the End, draws upon both anecdotal stories and literary sources to highlight the importance of honest discussions as the end of life approaches. These discussions are particularly significant for older persons and terminally ill patients. Gawande believes that these discussions could be facilitated by more in-depth and focussed communication between the healthcare professional and the patient. Respecting the patient's values and priorities, and promoting a (...) sense of wellbeing and dignity are critical for quality care. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Remixing the Classroom: Toward an Open Philosophy of Music Education by Randall Everett AllsupJuliet HessRandall Everett Allsup, Remixing the Classroom: Toward an Open Philosophy of Music Education (Bloomington, IN: Indiana University Press, 2016).As a leading voice in music education, Randall Allsup works continually to reconceptualize music education toward democratic and socially just praxis.1 He routinely challenges the field to become self-conscious of practices that limit forward movement, providing (...) powerful critiques2 and urging music education toward open possibilities.3 Remixing the Classroom: Toward an Open Philosophy of Music Education is work that will shift our field. His comprehensive philosophy of music education looks, longs, for moral openings4 through which twenty-first-century music education may become a space of possibility. His writing interweaves stories and theory toward what he calls an "open philosophy," drawing upon the ideas of John Dewey, Maxine Greene, and Roland Barthes. Allsup introduces stories of Dapper Dan, Jiro Ono, Kafka, Atul Gawande, and the Orpheus Orchestra in New York City to illustrate powerful points about current and possible paradigms of music education.Chapter 1, "Toward Open Encounters," discusses the making and breaking of the law (tradition) and explores how tradition and the Master-Apprentice model restrict what is possible in music education. Allsup explores the nature of music education and the limitations it places upon its participants. Chapter 2, "Music-Teacher Quality and Expertise," asks fundamental questions of our field and [End Page 100] explores and challenges the "place and purpose of public schooling in a democratic society."5 Allsup speaks to the function of education and critiques music education. Chapter 3, "learning in laboratories," puts forward a Deweyan laboratory model in which a museum is at the center of the school with learning laboratories situated around it. He explores what this structural fluidity might enable and develops notions of lawmaking and lawbreaking, extending possibilities of the open encounter. The final chapter, "looking, Longing, for Moral Openings," calls on music educators to embrace a more open music education paradigm. Allsup draws upon Greene to challenge music education to move "from the predictable to the possible."6 He puts forward the Orpheus Orchestra, a conductorless orchestra, as one possibility.I situate myself as an anti-racist, anti-colonial, feminist scholar rooted in anti-oppression scholarship.7 locating my review through this framework, I elaborate upon what I see as the major strengths and limitations of this work, drawing upon Judith Butler8 and postcolonial theory. significantly, Allsup's book calls upon music education to "give an account of [it]self" and promotes a self-consciousness crucial for our field in the age of high stakes accountability measures. I contend that he provides a music education philosophy for what stuart Hall terms the "postcolonial moment"9 and ultimately positions music education as a space of possibility. Alongside these strengths, I offer a challenge toward what I view as the open possibilities of closed forms and a critique of his "pedagogy of travel and surprise."Judith Butler points to the impossibility of giving an account of oneself. she notes,I speak as an 'I,' but do not make the mistake of thinking that I know precisely all that I am doing when I speak in that way. I find that my very formation implicates the other and me, that my own foreignness to myself is, paradoxically, the source of my ethical connection with others.10Butler notes the subject's "partial opacity to [her]self."11 In Remixing the Classroom, Allsup calls upon music educators to account for the practices and traditions continually reinscribed in the field. He poses challenging but fundamental questions in the work in music education, asking readers to consider what they do unconsciously. Butler asserts we can never fully account for ourselves. Allsup challenges the field to try, pushing music educators to face hard truths and limitations of what music education is and has been. In chapter 1, for example, he argues:To call a studying musician "unmusical" is to extinguish a light; it is to act as if the future is certain and that human potential is somehow fixed. It is to act [End Page 101... (shrink)

Something has changed in America with respect to facing death. As I write this review of When Breath Becomes Air by Paul Kalanithi, it is number one on the New York Times nonfiction bestseller's list; number 10 is Being Mortal by Atul Gawande, on the list for 62 weeks. A few years ago, Christopher Hitchens's Mortality, a remarkable narrative of his living in the face of dying from esophageal cancer, also was a bestseller. While denial of death was thought (...) to be an American characteristic, this may be true no longer; or at least the public shows a strong interest in narratives about mortality.To what extent does the appetite of the reading public signify a changed perspective on mortality?... (shrink)

Is it virtuous for someone to try to live to 100? Casting aside questions of intergenerational justice and internal obligations in families, what about the basic desire itself? Discussions of longevity and aging in bioethics are skewed to controversial end‐of‐life decisions, largely avoiding questions of how to age well before such decisions arise. Respected writers such as Atul Gawande, Daniel Callahan, and Ezekiel Emanuel champion accepting a natural life span and not trying to live beyond it. The Stoic Seneca (...) says a desire to live to 100 is foolish because, however long people live, they waste most of their lives, so if they lived a thousand years, they would still waste most of it. Against Seneca and Emanuel, we argue that a functional, not a chronological, view of aging should guide us and that for some seniors, hoping to be centenarians may be neither foolish nor misguided. Using Cicero, we argue that the pleasures of seniors are not necessarily inferior to those of youth and may even surpass them. Finally, we agree with Emanuel that the “symptom burden” of some lives makes living to 100 unpalatable and with Seneca that, given life’s vicissitudes, we should not plan on living to 100, but heeding his wisdom, try to make the most of the time given to us. (shrink)

In this paper, I consider the idea of meaning in life as I believe it has arisen in some discussions of ageing and death. I critically examine and compare the views of Atul Gawande and Ezekiel Emanuel, connecting their views to the idea of meaning in life. I further consider the relation of meaning in life to both the dignity of the person and the reasonableness of continuing or not continuing to live. In considering these issues, I evaluate and (...) draw on Bernard Williams’ distinction between categorical and conditional desires, Susan Wolf's work on meaning in life, and Jeremy Waldron's views on dignity in old age. (shrink)

For almost a decade, I have taught an undergraduate course on death and dying and have served as an ethics consultant in an academic medical center where I support patients and families navigating difficult end-of-life decisions. Chapters from Elisabeth Kübler-Ross's On Death and Dying, Sherwin Nuland's How We Die, and Atul Gawande's Being Mortal are required reading in my course because these physician-writers offer detailed, firsthand stories that help readers imagine the places and faces of dying patients and their (...) families. Respectively, these authors teach us about patients' changing perceptions about their own deaths, the physio-cultural shapes of the dying process, and the fraught... (shrink)