Small-scale research projects involving human subjects have been identified as being effective in developing critical appraisal skills in undergraduate students. In deciding whether to grant ethical approval to such projects, university research ethics committees must weigh the benefits of the research against the risk of harm or discomfort to the participants. As the learning objectives associated with student research can be met without the need for human subjects, the benefit associated with training new healthcare professionals cannot, in itself, justify such (...) risks. The outputs of research must be shared with the wider scientific community if it is to influence future practice. Our survey of 19 UK universities indicates that undergraduate dissertations associated with the disciplines of medicine, dentistry and pharmacy are not routinely retained in their library catalogues, thus closing a major avenue to the dissemination of their findings. If such research is unlikely to be published in a peer-reviewed journal, presented at a conference, or otherwise made available to other researchers, then the risks of harm, discomfort or inconvenience to participants are unlikely to be offset by societal benefits. Ethics committees should be satisfied that undergraduate research will be funnelled into further research that is likely to inform clinical practice before granting ethical approval. (shrink)

Emergency hormonal contraception (EHC) has been available from pharmacies in the UK without prescription for 11 years. In the Republic of Ireland this service was made available in 2011. In both jurisdictions the respective regulators have included ‘conscience clauses’, which allow pharmacists to opt out of providing EHC on religious or moral grounds providing certain criteria are met. In effect, conscientious objectors must refer patients to other providers who are willing to supply these medicines. Inclusion of such clauses leads to (...) a cycle of cognitive dissonance on behalf of both parties. Objectors convince themselves of the existence of a moral difference between supply of EHC and referral to another supplier, while the regulators must feign satisfaction that a form of regulation lacking universality will not lead to adverse consequences in the long term. We contend that whichever of these two parties truly believes in that which they purport to must act to end this unsatisfactory status quo. Either the regulators must compel all pharmacists to dispense emergency contraception to all suitable patients who request it, or a pharmacist must refuse either to supply EHC or to refer the patient to an alternative supplier and challenge any subsequent sanctions imposed by their regulator. (shrink)

This Article is a socio-legal analysis of the California State Bar lawyer discipline system. The article draws on legal professions theory, legal ethics, legal history, and cultural analysis, and it is based on archival data, interviews with State Bar actors, and empirical data on the Bar's disciplinary system. The article examines the historical and cultural context of a perceived crisis in California State Bar lawyer discipline in the 1980s and 1990s and concludes that, while the crisis stemmed from demonstrable organizational (...) ineffectiveness in the lawyer discipline system of the State Bar, it also needs to be understood as part of a larger--and recurring--crisis of professionalism in the legal profession.The article also examines the Bar's response to the discipline crisis and argues that, contrary to the bar's harshest critics (and critical professions theory), the reforms initiated by the Bar and imposed by the state legislature improved the lawyer disciplinary system in California. Nevertheless, the article concludes that organizational and structural factors identified in this study limit the effectiveness of any system of lawyer self-regulation. (shrink)

This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)

This edited book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social, and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets, and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to (...) the significance of intellectual property in contemporary processes of globalization and political economy.The editor's introductory essay, What is a 'Law and Society' Perspective on Intellectual Property?, identifies and analyzes the major approaches to interdisciplinary law and society scholarship on intellectual property and identifies each author's contribution to this emerging perspective on what is an increasingly important area of law worldwide. (shrink)

Une des façons de demander ce qu'est la philosophie est de demander simplement « qu'appelle-t-on penser ». Car en un sens, la philosophie n'est que la pensée prenant pleine conscience d'elle-même. Le fait que deux penseurs hautement originaux, suivant pourtant des chemins indépendants, révèlent de frappantes similitudes dans leur réponse à cette question, peut apparaître comme une confirmation de l'authenticité de leur pensée respective.

A Rose Hill book. Includes bibliographical references (pages 297-302) and index.

THE ARGUMENT FROM design for the existence of God has been subject to assault on all flanks and is often thought to have lost all strategic importance in debates within philosophical theology. Yet it exhibits a remarkable resilience. Not only is it an argument of choice for ordinary believers, but its conclusions, if not its overt procedures, are presumed valid by all theists; one could hardly hold for the existence of a divine providence or plan governing created reality without drawing (...) on the intellectual capital of this argument. (shrink)

Not only that, but the very attempt to do so is impossible of attainment, for the human mind cannot, even in pure thought, reach the central observatory of the absolute looker-on, for the startlingly simple reason that it is only by participating in reality that it exists at all. A system is a spectacle which is there for a disengaged mind, a mind which is not itself enclosed within the panorama it beholds. For the human subject such a disengagement is (...) unthinkable. Where its possibility seems plausible --for pure reason--it is only because the systematizer neglects the one element which can never be included within his structure: his own act of thinking. Our thought does not lie open to our gaze-we cannot stand outside it and treat it as an object, and it is only the objectified which is systematizable. Because I am altogether engaged in being, no merely "objective" judgment upon it is possible. (shrink)

This study examines the manner in which Machiavelli undertakes to elaborate and to justify the notorious "realism" of his political science, which consists in a deliberate and rigorous critique of justice or moral goodness. Despite its overt appeal to the common good and republican devotion, the Discourses on Livy, I argue, supplies a pathway to the foundation of this realism: the work is addressed to "the young" who combine rare intelligence with moral and civic concern, and it is guided by (...) Machiavelli's concern to persuade such readers of the reasonableness of his amoral account of human affairs and the order of the world. Through his discourses on Livy's Romans Machiavelli undertakes to enlighten the young about the meaning of genuine virtu and the distance that allegedly separates it from the justice they currently embrace. ;An examination of Machiavelli's discussions of acquisitive necessity, domestic rule and foreign affairs in Books I and II reveals that the core of this enlightenment is a confrontation with what he understands to be the essentially pious foundation of the moral life: Machiavellian realism is a secular, and secularizing, enterprise. Machiavelli teaches those exceptional youth who are suited to become "princes" that the prosperous management of human affairs requires that the rulers of peoples abandon pious scruple and instead determine appropriate courses of action in accordance with necessities knowable through prudence or natural reason alone. However, by ascending in places to theoretical discussions about the "things of the world" , Machiavelli indicates his awareness that the adequacy of his political critique of piety ultimately depends upon his ability to demonstrate to the full satisfaction of reason the existence and sovereignty of Nature, understood as an order of impersonal necessity. Machiavelli's moral-political realism is thus shown to entail and to point towards a theoretical realism that confronts the claim that the world is ordered providentially under a just and omnipotent sovereign. (shrink)

Wittgenstein's move is admirably motivated and directed, but it suffers from basic flaws which involve it in as many problems as it has warded off. This paper will attempt to trace out some of these flaws, and also to suggest how they might have been avoided. In the process, it will invoke the aid of the ancient aphorist who seems in some ways to have been a kindred spirit of Wittgenstein, and who shares with him a stress upon the public (...) or the "common" as the key to overcoming philosophy's perplexities: Heraclitus of Ephesus. The sage who, wearied by the abstruseness of vain speculation and by the chatter of the marketplace, went off to play with the children in the temple of Artemis, may have some useful hints for the gardener in the Irish monastery, wearied by the hum of the idling engine forever "gunned" by the professional philosophers. (shrink)

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on (...) the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism could improve its legitimacy, respond to negative impacts, and better contribute to the international legal regime around trafficking. (shrink)