Despite the long history of beliefs about the therapeutic properties of work for people with mental ill health, rarely has therapeutic work itself been a focus for historical analysis. In this article, the development of a therapeutic work ethic (1813—1979) is presented, drawing particular attention to the changing character and quality of beliefs about therapeutic work throughout time. From hospital factories to radical ‘antipsychiatric’ communities, the article reveals the myriad forms of activities that have variously been considered fit work for (...) people with mental health problems. While popular stereotypes of basket-weaving paint a hapless portrait of institutional work, a more nuanced reading of therapeutic work and its political and philosophical commitments is advanced. The article concludes by arguing that the non-linear and inherently contested development of therapeutic work is less the effect of paradigmatic shifts within the therapeutic professions, but rather evidence of a broader human struggle with work. (shrink)

This is a first attempt at consolidating and extending the lists of biographies of historians of science compiled by George Sarton, Aldo Mieli and François Russo. In doing so, a systematic examination has been made of the Dictionary of scientific biography, and of the relevant parts of the Isis cumulative bibliography and Kenneth May's Bibliography and research manual of the history of mathematics. Material for a supplement is being collected. Readers are invited to send additional material along with their comments.

Decision-Making Capacity First published Tue Jan 15, 2008; substantive revision Fri Aug 14, 2020 In many Western jurisdictions the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own medical decisions; for example, consenting to a particular medical treatment, or consenting to participate in a research trial. But what exactly does it mean to say that a subject has or lacks the requisite capacity to decide? This question has to do with what (...) is commonly called “decisional capacity”, a central concept in health care law and ethics, and increasingly an independent topic of philosophical inquiry. -/- Decisional capacity can be defined as the ability of subjects to make their own medical decisions. Somewhat similar questions of capacity arise in other contexts, such as capacity to stand trial in a court of law and the ability to make decisions that relate to personal care and finances. However, the history behind the more general legal notions of capacity to stand trial and capacity to manage one’s life is different and operates somewhat differently in law (Roth, Meisel, & Litz 1977; Zapf & Roesch 2005). For the purposes of this discussion the notion of decisional capacity will be limited to medical contexts only; most notably, those where decisions to consent or to refuse treatment or participation in clinical research are concerned. (shrink)

The phenomenon of pain presents problems and puzzles for philosophers who want to understand its nature. Though pain might seem simple, there has been disagreement since Aristotle about whether pain is an emotion, sensation, perception, or disturbed state of the body. Despite advances in psychology, neuroscience, and medicine, pain is still poorly understood and multiple theories of pain abound. The Routledge Handbook of Philosophy of Pain is an outstanding reference source to the key topics, problems and debates in this exciting (...) and interdisciplinary subject and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into nine clear parts: Modelling pain in philosophy Modelling pain in neuroscience Modelling pain in psychology Pain in philosophy of mind Pain in epistemology Pain in philosophy of religion Pain in ethics Pain in medicine Pain in law. As well as fundamental topics in the philosophy of pain such as the nature, role, and value of pain, many other important topics are covered including the neurological pathways involved in pain processing, biopsychosocial and cognitive behavioural models of pain; chronic pain; pain and non-human animals; pain and knowledge; controlled substances for pain; pain and placebo effects; and pain and physician assisted suicide. The Routledge Handbook of Philosophy of Pain is essential reading for students and researchers in philosophy of mind, philosophy of psychology and ethics. It will also be very useful to researchers of pain from any field, especially those in psychology, medicine, and health studies. (shrink)

Following Rules and Laws -- Making Rules and Laws -- Breaking Rules and Laws.

Physical activity and sedentary behaviour have been linked to the mental health of children and adolescents, yet the timing of behaviours may play a role in this relationship and clarifying this could inform interventions. We explored cross-sectional associations of PA and SED in varying time segments throughout the school day with the mental health of school-aged children and adolescents from rural Northeastern Ontario, Canada. A total of 161 students wore accelerometers for 8 days and completed a self-report survey. Mental health (...) was measured using the Strengths and Difficulties Questionnaire. Accelerometer-measured SED, light PA, and moderate and vigorous PA were estimated in the time-segments before school, school time, after school, and evenings. Associations were tested with multilevel linear regressions while adjusting for confounding factors. Students spent 72.6 min in MVPA, 209.0 min in LPA, and 621.0 min in SED per day. Daily SED was associated with less conduct problems. Evening LPA was inversely associated with hyperactivity, while SED was associated with hyperactivity and with peer problems before school, and during school. No associations were observed for MVPA, emotional symptoms, or prosocial behaviour. In conclusion, displacing SED with LPA in some specific periods of the day may benefit the mental health of students; taking this into account could strengthen interventions. (shrink)

This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern (...) identity formation of which the West, the First World, the Rule of Law and the individual subject and his or her freedoms are but a part. The concept of development is thus identified within western culture as a symptom of loss within the desire for completion; as the logic behind the economic restructuring of nations as underdeveloped is revealed as that ruthless imaginary by which First World nations maintain their ideal of themselves. Drawing upon anthropology, economics, historiography, philosophy of science, theology, feminism, cultural studies and development studies, this book contains the best of interdisciplinary work in international law. (shrink)

Despite FDA recommendations against the practice, keepsake fetal imaging centers have become more common in the United States. U.S. ultrasound regulations construct keepsake imaging in relation to medical practice, yet these centers blur the boundary between medical and nonmedical. Analyzing keepsake imaging centers in two U.S. states demonstrates how centers both appeal to medical expertise to promote their services and extend an intensive mothering ideal to the prenatal stage. To understand keepsake ultrasound, we must account for the role of consumerism (...) in creating pregnant mothers and how keepsake centers constitute ultrasound as a means of expressing mother-love before birth. (shrink)

climate are both linked to an organization's ability to retain healthcare professionals and increase their level of job satisfaction, leaders have a corollary responsibility to address moral distress. We recommend that leaders should provide access to ethics education and resources, offer interventions such as ethics debriefings, establish ethics committees, and/or hire a bioethicist to develop ethics capacity and to assist with addressing healthcare provider moral distress....

Through a detailed analysis that draws on work across philosophy, the law, and social psychology, this book shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers’ truest or most reliable selves. With chapters ranging from false confessions and eyewitness misidentifications to recantations from (...) victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible. (shrink)

Bedbugs are tiny, wingless insects which feed on mammal blood and leave behind painful, itchy sores. Although they can live in other settings, they are most commonly found in warm, dark places inhabited by humans, like beds. After being absent in the United States for over 60 years, thanks to powerful pesticides, bed bugs, have returned in force and are present in every state and nearly every city. For reasons not entirely understood, bed bugs have developed resistance to traditional pesticides (...) such as Permethrin and are therefore difficult to control. Although commonly believed to be associated with dirty housekeeping and associated with substandard housing, bed bugs are equally likely to be present in five-star hotels as they are in homeless shelters. (shrink)

Focusing on Immanuel Kant's lectures on anthropology, the essay endeavors to address long-standing concerns regarding both the relationship between these empirical investigations and Kant's better known universalism, and more pressingly, between Kant's own racism on display in the lectures, and his simultaneous promotion of a universal moral theory that would unhesitatingly condemn such attitudes. -/- Reprinted in: 'Philosophies of Difference: Nature, Racism, and Sexuate Difference' edited by R. Gustafsson, R. Hill, and H. Ngo (Routledge, 2019), pp. 125-144.

Kant’s most canonical argument against suicide, the universal law argument, is widely dismissed. This paper attempts to save it, showing that a suicide maxim, universalized, undermines all bases for practical law, resisting both the non-negotiable value of free rational willing and the ordinary array of sensuous commitments that inform prudential incentives. Suicide therefore undermines moral law governed community as a whole, threatening ‘savage disorder’. In pursuing this argument, I propose a non-teleological and non-theoretical nature – a ‘practical nature’ or moral (...) law governed whole – the realization of which morality demands. (shrink)

This chapter raises the question of how far some recent philosophy of action assists in explicating the moral psychological notions that are of concern in jurisprudence. The focus of the overall argument is on a distinction used by Antony Duff in his Intention, Agency and Criminal Liability — a distinction, Duff says, between ‘a broader and a narrower conception of intention’. It is doubtful that the distinction can do the work that Duff wants it to. Duff rests as much upon (...) it as he does only because of a certain optimism: he hopes that conceptual analysis of intention may reveal what many of the interesting questions about mens rea really turn on, and so deliver the goods for the criminal lawyer. But this hope is vain. The chapter begins with some basic philosophy of action. A presentation of an account of actions which highlights some essential conceptual connections, and which introduces the concept of attempt into the framework, can provide a setting for a clear view of Duff's distinction. Exposition of this material takes up the first part of the chapter. This is brought into relation with issues in criminal liability in the second part, where its connection with the notions of actus reus and mens rea is shown. The third part explains and argues for the view taken of Duff's distinction, which differs from his. The remainder of the chapter considers how far an understanding of the concept of intention can take the criminal lawyer. (shrink)

This paper is one of four interrelated action papers resulting from the 2008 National Summit on Legal Preparedness for Obesity Prevention and Control. Summit participants engaged in discussions on the current state of the law with respect to obesity, nutrition and food policy, physical activity, and physical education. Participants also identified gaps in the law at all jurisdictional levels and relevant to numerous sectors and disciplines that have a stake in obesity prevention and control.The companion paper, “Assessment of Laws and (...) Legal Authorities for Obesity Prevention and Control,”identified numerous laws and policies enacted to target the three domains of healthy lifestyles, healthy places, and healthy societies. That paper identified several gaps in the law that require attention and action. This paper addresses those gaps and presents applicable laws and legal authorities that public health professionals and lawyers can consider to implement to close the gaps. (shrink)

The gestational surrogate – and her economic and educational vulnerability in particular – is the focus of many of the most persistent worries about paid surrogacy. Those who employ her, and those who broker and organize her services, usually have an advantage over her in resources and information. That asymmetry exposes her to the possibility of exploitation and abuse. Accordingly, some argue for banning paid surrogacy. Others defend legal permission on grounds of surrogate autonomy, but often retain concerns about the (...) surrogate. In response to the dilemma of a ban versus bald permission, we propose a 'soft law' approach: states should require several hours of education of surrogates – education aimed at informing and enhancing surrogate autonomy. (shrink)

McCoy et al. introduces the novel Ethical Data Practices Framework and its six core principles to serve as a useful tool to inform both industry and lawmakers of key ethical principles for prospect...

The European Union approach to data protection consists of assessing the adequacy of the data protection offered by the laws of a particular jurisdiction against a set of principles that includes purpose limitation, transparency, quality, proportionality, security, access, and rectification. The EU's Data Protection Directive sets conditions on the transfer of data to third countries by prohibiting Member States from transferring to such countries as have been deemed inadequate in terms of the data protection regimes. In theory, each jurisdiction is (...) evaluated similarly and must be found fully compliant with the EU's data protection principles to be considered adequate. In practice, the inconsistency with which these evaluations are made presents a hurdle to international data-sharing and makes difficult the integration of different data-sharing approaches; in the 20 years since the Directive was first adopted, the laws of only five countries from outside of the EU, Economic Area, or the European Free Trade Agreement have been deemed adequate to engage in data transfers without the need for further administrative safeguards. (shrink)

Research on the use of propranolol as a pharmacological memory dampening treatment for post-traumatic stress disorder is continuing and justifies a second look at the legal and ethical issues raised in the past. We summarize the general ethical and legal issues raised in the literature so far, and we select two for in-depth reconsideration. We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment. We analyze this (...) issue in relation to sexual assault, where the suggestion that corroborating evidence may remedy any memory defects is less likely to be helpful. We also consider the clinical ethical question about a physician's obligation to discuss potential legal consequences of memory dampening treatment. We conclude that this latter question reflects a general problem related to novel medical treatments where the broader socio-legal consequences may be poorly understood, and suggest that issues of this sort could usefully be addressed through the promulgation of practice guidelines. (shrink)

In this paper we highlight the racialized effects of agricultural labor laws on Southeast Asian family farmers in California’s Central Valley. We show how agricultural labor laws intended to protect farmworkers on industrial farms discriminate against and challenge small Southeast Asian refugee farmers. Hmong, Iu-Mien and Lao family farmers rely on cultural practices of labor reciprocity and unpaid help from extended family and clan networks to sustain the economic viability of their farms. This kind of labor sharing, a central tenet (...) of their customary farming practices, and a cornerstone of the American family farm ideal, is illegal in California agriculture. We examine the historical context that gave rise to agricultural labor regulations in California and the ways in which these regulations are both under-enforced and unevenly enforced, differentially impacting immigrant family farms, while failing to protect those for whom the laws were originally intended. In highlighting how employment and labor laws and their enforcement or lack thereof discriminate against Southeast Asia farms, this study illustrates how other “small family farms” reliant on volunteerism or labor-sharing arrangements, part of the emergent “sharing economy,” may be confronting similar legal conundrums to those faced by Southeast Asian farms. (shrink)

Immanuel Kant's moral philosophy is one of the most distinctive achievements of the European Enlightenment. At its heart lies what Kant called the "strange thing": the free rational human will. This introduction explores the basis of Kant's anti-naturalis, secular, moral vision of the human good. Moving from a sketch of the Kantian will, with all its component parts and attributes, to Kant's canonical arguments for his categorical imperative, it shows why Kant thought his moral law the best summary expression of (...) both his own philosophical work on morality and his readers' deepest shared convictions about the good. Kant's central tenets, his key arguments, and core values are presented in an accessible and engaging way, making this book ideal for anyone eager to explore the fundamentals of Kant's moral philosophy. (shrink)

This short note considers the relationships between human autonomy, both individual and collective, and technology. At the collective level, numerous writers have observed the profound effects on society of technological discoveries — leading to the suggestion that societal mechanisms through which we might seek to make deliberate choices about technologies are ineffective. One such mechanism is the law, and I suggest through various examples that legal doctrines and judicial processes may indeed be limited in their ability to regulate technology. At (...) the individual level, technologies have profound effects on human autonomy, both making certain choices possible but also changing the material and cultural environment in ways that make the adoption of technologies inescapable in a way that appears to erode human autonomy. (shrink)

Post-traumatic stress disorder is a “young” disorder formally recognized in the early 1980s, although the symptoms have been noted for centuries particularly in relation to military conflicts. PTSD may develop after a serious traumatic experience that induces feelings of intense fear, helplessness or horror. It is currently characterized by three key classes of symptoms which must cause clinically significant distress or impairment of functioning: persistent and distressing re-experiencing of the trauma; persistent avoidance of stimuli associated with the trauma and numbing (...) of general responsiveness; and persistent symptoms of hyper-arousal. One of the possible symptoms within the second class is difficulty in remembering an important aspect of the traumatic event.PTSD is not an uncommon condition, with an estimated lifetime prevalence of about 7-9% based on studies conducted in the United States and Canada, with women at higher risk than men. While not everyone who experiences a significant trauma will go on to develop PTSD, about a third will do so. Sexual assault, along with other forms of assaultive violence, pose a comparatively high risk of PTSD. (shrink)

The ideas of technological determinism and the autonomy of technology are long-standing and widespread. This article explores why the use of certain technologies is perceived to be obligatory, thus fueling the fatalism of technological determinism and undermining our sense of freedom vis-à-vis the use of technologies. Three main mechanisms that might explain “obligatory technologies” (technologies that must be adopted) are explored. First, competition between individuals or groups drives the adoption of technologies that enhance or extend human capacities. Second, individuals and (...) groups may become dependent on technologies. Third, technologies induce changes in social norms and values that may come to be enforced through various social mechanisms, including the law. The widespread ideology of the beneficence and inevitability of technological progress in our culture helps this process along. (shrink)

This paper is one of four interrelated action papers resulting from the 2008 National Summit on Legal Preparedness for Obesity Prevention and Control. Summit participants engaged in discussions on the current state of the law with respect to obesity, nutrition and food policy, physical activity, and physical education. Participants also identified gaps in the law at all jurisdictional levels and relevant to numerous sectors and disciplines that have a stake in obesity prevention and control.The companion paper, “Assessment of Laws and (...) Legal Authorities for Obesity Prevention and Control,”identified numerous laws and policies enacted to target the three domains of healthy lifestyles, healthy places, and healthy societies. That paper identified several gaps in the law that require attention and action. This paper addresses those gaps and presents applicable laws and legal authorities that public health professionals and lawyers can consider to implement to close the gaps. (shrink)

The Patient Protection and Affordable Care Act of 2010 (ACA) contains many provisions intended to increase access to and lower the cost of health care by adopting public health measures. One of these promotes the use of at-work wellness programs by both providing employers with grants to develop these programs and also increasing their ability to tie the price employees pay for health insurance for participating in these programs and meeting specific health goals. Yet despite ACA's specific alteration of three (...) different statues which had in the past shielded employees from having to contribute to the cost of their health insurance based on their achieving employer-designated health markers, it chose to leave alone recently enacted rules implementing the Genetic Non-Discrimination Act (GINA), which prohibits employers from asking employees about their family health history in any context, including assessing their risk for setting wellness targets. This article reviews how both the changes made by ACA and the restrictions recently put place by GINA will affect the way employers are likely to structure Wellness Programs. It also considers how these changes reflect the competing social goals of both ACA, which seeks to expand access to the population by lowering costs, and GINA, which seeks to protect individuals from discrimination. It does so by analyzing both positive theories about how these new laws will function and normative theories explaining the likelihood of future friction between the interests of the population of the United States as a whole who are in need of increased and affordable access to health care, and of the individuals living in this country who risk discrimination, as science and medicine continue to make advances in linking genetic make-up to risk of future illness. (shrink)

Immanuel Kant's moral philosophy is one of the most distinctive achievements of the European Enlightenment. At its heart lies what Kant called the 'strange thing': the free, rational, human will. This introduction explores the basis of Kant's anti-naturalist, secular, humanist vision of the human good. Moving from a sketch of the Kantian will, with all its component parts and attributes, to Kant's canonical arguments for his categorical imperative, this introduction shows why Kant thought his moral law the best summary expression (...) of both his own philosophical work on morality and his readers' deepest shared convictions about the good. Kant's central tenets, key arguments, and core values are presented in an accessible and engaging way, making this book ideal for anyone eager to explore the fundamentals of Kant's moral philosophy. (shrink)

The passing of the Patient Protection and Affordable Care Act is a triumph for the field of public health. Its inclusion of many provisions intended to prevent illness and promote health endorses the core belief of public health as expressed by Dr. Georges Benjamin, the long-time executive director of the American Public Health Association, in a Washington Post opinion piece praising ACA for “provid[ing] care as far upstream as possible… [in order to] reduce costs by identifying problems early and then (...) managing them to reduce or eliminate the need for more costly care in the future.” In this article, I consider the conflict between ACA’s adoption of public health goals seeing population health and societal interests in protecting individuals from discrimination based on their health. The article focuses on one aspect of ACA which seeks to lower the costs to employers who provide health insurance for their employees by making it easier for them to offer their employees substantial incentives for participating in and meeting the goals of employer-sponsored Wellness Programs. (shrink)

The perennial appeal of Kantian ethics surely lies in its conception of autonomy. Kantianism tells us that the good life is fundamentally about acting in accordance with an internal rather than an external authority: a good will is simply a will in agreement with its own rational, self-constituting law. In this paper, I argue against Kantian autonomy, on the grounds that it excessively narrows our concept of the good, it confuses the difference between practical and theoretical modes of knowing the (...) good, and it cannot respect the essential efficacy of the principles of practical reason. (shrink)

External freedom is the central good protected in Kant's legal and political philosophy. But external freedom is perplexing, being at once freedom of spatio-temporal movement and a form of noumenal or 'intelligible' freedom. Moreover, it turns out that identifying impairments to external freedom nearly always involves recourse to an elaborated system of positive law, which seems to compromise external freedom's status as a prior, organizing good. Drawing heavily on Kant's understanding of the role of empirical 'anthropological' information in constructing a (...) Doctrine of Right, or Rechtslehre, this essay offers an interpretation of external freedom that makes sense of its simultaneous spatio-temporality, dependence on positive law, intelligibility (or 'noumenality'), and a priority. The essay suggests that this account of Kantian external freedom has implications both for politics and for the metaphysics of everyday objects and institutions. (shrink)

Philosophers sometimes claim that economics, and the idealizing strategies it employs, is ultimately unable to provide genuine laws of nature. Therefore, unlike physics, it does not qualify as an actual science. Careful consideration of thermodynamics, a well-developed physical theory, reveals substantial parallels with economic methodology. The corrective account of scientific understanding I offer appreciates these parallels: understanding in terms of efficient performance.

I argue that there are two conceptions of ‘comprehensiveness’: 1) Raz’s strong conception whereby comprehensiveness entails supremacy, and 2) a weak conception whereby comprehensiveness does not entail supremacy. The latter is sufficient to distinguish legal and non-legal authorities, and unlike Raz’s notion of comprehensiveness, allows one to account for both intra-state forms of legality (e.g., the federal-provincial relation in Canada) and supra-state forms of legality (e.g., the European Union). Moreover, although it is ideal for legal systems to claim supremacy, it (...) is not necessary – it is possible for legal systems to recognize as valid the norms of other legal systems. (shrink)

The first edition of ELL (1993, Ron Asher, Editor) was hailed as "the field's standard reference work for a generation". Now the all-new second edition matches ELL's comprehensiveness and high quality, expanded for a new generation, while being the first encyclopedia to really exploit the multimedia potential of linguistics. * The most authoritative, up-to-date, comprehensive, and international reference source in its field * An entirely new work, with new editors, new authors, new topics and newly commissioned articles with a handful (...) of classic articles * The first Encyclopedia to exploit the multimedia potential of linguistics through the online edition * Ground-breaking and International in scope and approach * Alphabetically arranged with extensive cross-referencing * Available in print and online, priced separately. The online version will include updates as subjects develop ELL2 includes: * c. 7,500,000 words * c. 11,000 pages * c. 3,000 articles * c. 1,500 figures: 130 halftones and 150 colour * Supplementary audio, video and text files online * c. 3,500 glossary definitions * c. 39,000 references * Extensive list of commonly used abbreviations * List of languages of the world (including information on no. of speakers, language family, etc.) * Approximately 700 biographical entries (now includes contemporary linguists) * 200 language maps in print and online Also available online via ScienceDirect – featuring extensive browsing, searching, and internal cross-referencing between articles in the work, plus dynamic linking to journal articles and abstract databases, making navigation flexible and easy. For more information, pricing options and availability visit www.info.sciencedirect.com. The first Encyclopedia to exploit the multimedia potential of linguistics Ground-breaking in scope - wider than any predecessor An invaluable resource for researchers, academics, students and professionals in the fields of: linguistics, anthropology, education, psychology, language acquisition, language pathology, cognitive science, sociology, the law, the media, medicine & computer science. The most authoritative, up-to-date, comprehensive, and international reference source in its field. (shrink)

The first years of life mark a time of rapid development and dietary change, as children transition from an exclusive milk diet to a modified adult diet. During these early years, children's learning about food and eating plays a central role in shaping subsequent food choices, diet quality, and weight status. Parents play a powerful role in children's eating behavior, providing both genes and environment for children. For example, they influence children's developing preferences and eating behaviors by making some foods (...) available rather than others, and by acting as models of eating behavior. In addition, parents use feeding practices, which have evolved over thousands of years, to promote patterns of food intake necessary for children's growth and health. However in current eating environments, characterized by too much inexpensive palatable, energy dense food, these traditional feeding practices can promote overeating and weight gain. To meet the challenge of promoting healthy weight in children in the current eating environment, parents need guidance regarding alternatives to traditional feeding practices. (shrink)

The evidence reveals that young children are targeted by food and beverage advertisers but are unable to comprehend the commercial context and persuasive intent of marketing. Although the First Amendment protects commercial speech, it does not protect deceptive and misleading speech for profit. Marketing directed at children may fall into this category of unprotected speech. Further, children do not have the same First Amendment right to receive speech as adults. For the first time since the Federal Trade Commission's original attempt (...) to regulate marketing to children in the 1970s , the political, scientific, and legal climate coalesce to make the time well-suited to reevaluate the FTC's authority for action. This paper analyzes the constitutional authority for the FTC to regulate television food marketing directed at children as deceptive in light of the most robust public health evidence on the subject. (shrink)

In response to the obesity epidemic, much discussion in the public health and child advocacy communities has centered on restricting food and beverage marketing practices directed at children. A common retort to appeals for government regulation is that such advertising and marketing constitutes protected commercial speech under the First Amendment. This perception has allowed the industry to function largely unregulated since the Federal Trade Commission 's foray into the topic, termed KidVid, was terminated by an act of Congress in 1981. (...) The FTC has since focused on self-regulation as a potential solution to such concerns. However, this method of control has proven ineffective to protect children, and has led to growing recognition that federal regulation may be necessary.Since KidVid, the evidence has only mounted that children are uniquely vulnerable to the effects of advertising. Over the same time period, the exposition of commercial speech jurisprudence has plateaued, as the Supreme Court has not decided a pure commercial speech case since 2002. (shrink)

The Federal Trade Commission has an important role to play in the governmental oversight of mobile health apps, ensuring consumer protections from unfair and deceptive trade practices and curtailing anti-competitive methods. The FTC’s consumer protection structure and authority is outlined before reviewing the recent FTC enforcement activities taken on behalf of consumers and against developers of mhealth apps. The article concludes with identification of some challenges for the FTC and modest recommendations for strengthening the consumer protections it provides.

This paper takes up Kant's argument that infanticides - specifically unwed women who kill their illegitimate children at birth - should not be tried for murder or receive the death penalty. Kant suggests that their actions are committed in a 'state of nature' outside the law's jurisdiction. I aim here both to defend Kant's reasoning against charges that it is cruel , as well as to understand what Kant was thinking in introducing such a 'temporary' state of nature. I claim (...) that such a state of nature arises in Kant's thinking when powerful social norms conflict with legal requirements, rendering legal sanctions and protections moot for the actor. Kant's thinking here shows him struggling with the fact of powerful social norms, something his practical theory rarely does, focused as it is on practical laws that come from pure reason, or from self-interest, and not from the hybrid of rational and natural, moral and 'sensuous,' that is social life. Kant ultimately rejects 'temporary state of nature' exemptions from law, and instead urges legal reforms aimed at averting conflicts between social and legal norms. (shrink)