A decade or so ago, graphic depictions of female circumcision came to define the heart of a campaign presumably aimed at sensitizing the world about the tragic consequences of the practice. At the height of the campaign, it was easy to assume that the prospect for meaningful change was dim. Evolving knowledge about the practice illuminates the bottom-line of issues and demonstrates the centrality of empowerment as an elimination strategy. Interrogating an acclaimed initiative that has successfully helped bring about the (...) abandonment of female circumccision in several places, this article analyzes the definitive role of attending to the full belly for anti-circumcision purposes. (shrink)

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

The First Amendment to the US Constitution protects commercial speech from government interference. Commercial speech has been defined by the US Supreme Court as speech that proposes a commercial transaction, such as marketing and labeling. Companies that produce products associated with public health harms, such as alcohol, tobacco, and food, thus have a constitutional right to market these products to consumers. This article will examine the evolution of US law related to the protection of commercial speech, often at the expense (...) of public health. It will then identify outstanding questions related to the commercial speech doctrine and the few remaining avenues available in the United States to regulate commercial speech including the use of government speech and addressing deceptive and misleading commercial speech. (shrink)

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

Guilt- and shame-prone responding were examined in a sample of 146, 18-month-old toddlers and their older siblings (M = 49.5 months, SD = 10.4) during mishap tasks which were used to differentiate both toddlers and their older siblings into Amenders (low avoidance) and Avoiders (high avoidance). Toddlers and older siblings classified as Amenders expressed more concern and were less distressed by the mishap than Avoiders. Children were divided into four groups: Amender-Amender (older sibling-toddler), Amender-Avoider, Avoider-Avoider, and Avoider-Amender to examine differences (...) in sibling interaction and moral development. Older siblings in the Avoider-Avoider group were significantly more aggressive and less empathic toward toddlers than older siblings in the Avoider-Amender group. Toddlers in the Amender-Amender, Amender-Avoider, and Avoider-Amender groups showed significant gains in moral regulation from 18 to 24 months whereas toddlers in the Avoider-Avoider group did not. In contrast, while older siblings were generally high on moral regulation when toddlers were 18 months, this was not the case for older siblings in the Avoider-Avoider group, who had lower moral regulation scores that significantly increased over time. Findings are discussed with respect to the significance of sibling socialisation for toddlers’ developing moral sensibility. (shrink)

A recent wave of public interest surrounding the alleged advertising of cigarettes to children has raised First Amendment issues under the commercial speech doctrine. The two most vocal sides of this debate are sharply divided over the amount of constitutional protection that should be offered to tobacco advertisers. Proponents of restrictions on such ads argue that commercial speech does not advance any ideas worth preserving and is consequently deserving of less protection than other forms of speech. Their opponents assert that (...) commercial speech should be offered wide protection because of its role in contributing to individual autonomy in the marketplace of ideas through informing consumer choice. While I believe that commercial speech should be offered broad protection, I will argue that severe restrictions are morally justifiable and legally defensible when it comes to advertising to children, particularly with respect to harmful products. Since the free market of ideas model is premised upon a notion that there are reasonable consumers that can discern falsehood from truth, this model is invalidated when it comes to children since they cannot be expected to possess the same capacity for judgment as adults. (shrink)

The non-financial effects (NFE) antitakeover amendment addresses the duties of company directors and management when faced with a possible takeover bid. The NFE amendment either permits or requires managers to consider the interests of the company's stakeholders during takeover bids. Other types of antitakeover devices have been viewed as protecting either stockholder or management interests. The NFE amendment would appear to protect a broad spectrum of interests including those of company employees, creditors, and the community in which the company operates. (...) Positive market returns to the adoption of NFE amendments provide some evidence that investors approve. The percent of both management and institutional ownership are positively related to the market reaction to the NFE amendment adoption. To the extent that institutional ownership proxies for the broad spectrum of stakeholder interest, NFE devices, unlike some other amendments that have been studied, appear to be in the interests of more than a single interest group. (shrink)

The non-financial effects (NFE) antitakeover amendment addresses the duties of company directors and management when faced with a possible takeover bid. The NFE amendment either permits or requires managers to consider the interests of the company's stakeholders during takeover bids. Other types of antitakeover devices have been viewed as protecting either stockholder or management interests. The NFE amendment would appear to protect a broad spectrum of interests including those of company employees, creditors, and the community in which the company operates. (...) Positive market returns to the adoption of NFE amendments provide some evidence that investors approve. The percent of both management and institutional ownership are positively related to the market reaction to the NFE amendment adoption. To the extent that institutional ownership proxies for the broad spectrum of stakeholder interest, NFE devices, unlike some other amendments that have been studied, appear to be in the interests of more than a single interest group. (shrink)

David Hume's Treatise of Human Nature, composed before the author was twenty-eight years old, was published in 1739 and 1740. In revising the late L.A. Selby-Bigge's edition of Hume's Treatise Professor Nidditch corrected verbal errors and took account of Hume's manuscript amendments. He also supplied the text of theof the Treatise following the original 1740 edition and provided an apparatus of variant readings.

When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient must give (...) “express consent” to receiving it. Since express consent presupposes decisional capacity, this requirement rules out administering MAiD to a patient who has lost capacity. Amendments to the legislation passed by Parliament in March 2021 open the door slightly by allowing advance requests by patients after they have been approved for MAiD, if they fear losing capacity before the procedure can be administered. But this provision would apply only to patients whose natural death was deemed to be “reasonably foreseeable”, and would continue to exclude (a) requests made after diagnosis of a “grievous and irremediable medical condition” but in advance of approval for MAiD, and (b) requests made before such a diagnosis. My aim in this paper is twofold: to explore the ethical and legal issues concerning advance requests for MAiD, and to argue for expanding provision for such requests to include both of these further scenarios. (shrink)

In this book, T. L. Short places the notorious difficulties of Peirce's important writings in a more productive light, arguing that he wrote philosophy as a scientist, by framing conjectures intended to be refined or superseded in the inquiries they initiate. He argues also that Peirce held that the methods and metaphysics of modern science are amended as inquiry progresses, making metaphysics a branch of empirical knowledge. Additionally, Short shows that Peirce's scientific work expanded empiricism on empirical grounds, grounding his (...) phenomenology and subverting the fact/value dichotomy, and that he understood statistical explanations in nineteenth-century science as reintroducing the idea of final causation, now made empirical. Those innovations underlie Peirce's late ideas of a normative science and of philosophy as a branch of science. Short's rich and original study shows us how to read Peirce's writings and why they are worth reading. (shrink)

Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.

As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment’s protection for commercial speech and previous gutting of the Federal Trade Commission’s authority pose barriers to restricting food marketing to children. However, false, unfair, and deceptive acts and practices remain subject to regulation and provide an avenue to address marketing to young children, modern practices that have evaded regulation, and gaps in the food and beverage (...) industry’s self-regulatory approach. (shrink)

Je défends dans ce texte une version particulière de la position que Sharon Street a appelée le «constructivisme humien». J’esquisserai pourquoi je considère que ce constructivisme est préférable à la fois au réalisme moral et au constructivisme kantien sur le plan de la compréhension du statut ontologique des valeurs. Après avoir accepté de reconnaître le rôle des pressions de l’évolution dans l’émergence de la moralité, le constructivisme humien doit toutefois préciser le rôle de l’intersubjectivité historique dans l’évolution subséquente de la (...) morale. J’expliquerai aussi pourquoi je considère que l’intégration d’un volet cohérentiste au constructivisme permet d’atténuer les craintes concernant le caractère potentiellement non-cognitiviste des théories contextualistes. Enfin, j’esquisserai pourquoi l’idée d’un «espace des raisons morales» indépendant, à certains égards, de l’esprit humain est compatible avec le constructivisme humien.I defend a version of what Sharon Street has dubbed “Humean constructivism.” I’ll first sketch out why I think that contextual constructivism provides us with a more plausible understanding of the ontological status of values than both Kantian constructivism and moral realism. In addition to its recognition of the role of evolutionary pressures in the emergence of human morality, contextual constructivism must now clarify the role of historical intersubjectivity in the subsequent development of morality. I will then claim that adding a coherentist module to Humean constructivism provides a satisfactory answer to those who fear that contextual metaethical theories can only be non-cognitivist. Finally, I will sketch out why I think that the notion of a mind-independent “space of moral reasons” is largely compatible with Humean constructivism. (shrink)

This study of 481 corporations provides an assessment of the relationship between several corporate governance variables (board composition, type of board leadership, officer and director stock holdings, institutional stock holdings, number of majority owners, existence of severance agreements) and adoption of anti-takeover amendments. The results of analysis suggest that the two groups (adopters/non-adopters) differ significantly in regards to these variables.

The Fairness Doctrine violated a Constitutional provision for a free press and it failed to guarantee public access to publicly owned broadcast airwaves, as was its intent. The regulation was eliminated in 1987, restoring 1 important free press element to America's broadcast newsrooms. However, public access since deregulation has further deteriorated, while other standards of ethical journalism appear to have been abandoned for higher profits. These factors have renewed the call for re-regulation. This article presents an alternative model in the (...) spirit of the Fairness Doctrine, ethical broadcast journalism, capitalism, and the preservation of the First Amendment. (shrink)

This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer these objections (...) and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders' interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

When a group does harm, sometimes there’s no obvious individual who bears moral responsibility, and yet we still intuit that someone is to blame. This apparent ‘deficit’ of moral responsibility has led some scholars to posit that groups themselves can be responsible, and that this responsibility is distributed in some uniform fashion among group members. This solution to the deficit, however, risks providing a scapegoat for individuals who have acted wrongly and shifting blame onto those who have not. Instead, this (...) article argues that, in most deficit cases, moral responsibility is borne not by the group but by specific individual members. When an individual acts within a group, she gains an increased potential for doing harm – and, accordingly, heightened duties of care toward others. These duties can, depending on the individual’s position, require amending the group’s rules, procedures, and norms. In most deficit cases, it is individuals who have failed to fulfill these duties who are responsible. (shrink)

On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...) though, the canon’s neat story has come under attack. The challenge cases involve the epistemic use of a modal sentence for which no single resolution of the contextual parameter appears capable of accommodating all our intuitions.3 According to these revisionaries, such cases show that the canonical story needs to be amended in some way that makes multiple bodies of information relevant to the assessment of such statements. Here I show that how the right canonical, flexibly contextualist account of modals can accommodate the full range of challenge cases. The key will be to extend Kratzer’s formal semantic account with an account of how context selects values for a modal’s.. (shrink)

This article defends the principle of non-establishment against 21st-century projects of political religion, constitutional theocracy and political theology. It is divided into two parts, which will appear in two consecutive issues of Philosophy & Social Criticism, 39(4–5) and 39(6). Part 1 proceeds by constructing an ideal type of political secularism, and then discussing the innovative American model of constitutional dualism regarding religion that combined constitutional protection for the freedom of religious conscience and exercise with the principle of non-establishment. The article (...) analyses the strengths and limits of the ‘separation– accommodation’ frame that became hegemonic in 1st amendment jurisprudence from the 1940s to the 1990s. It challenges the standard caricature of the American model as strictly separationist and privatizing. It then critically assesses two contemporary alternatives to that frame: the integrationist approach and the equal liberty approach. The first, disguised as a concern for pluralism and fairness, challenges ‘separation’ and political secularism in a subtle attack on the non-establishment principle, aimed at drastically narrowing its scope. Successes of this approach in recent Supreme Court jurisprudence and politics have triggered a response by liberal egalitarians. The author addresses this response – the equal liberty model – in part 2, which will appear in Philosophy & Social Criticism 39(6), arguing that although on the right track, it fails to find a middle ground between political secularism and integration. (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)

In this book, Katz details, extends, sharpens, and, in comparatively minor ways, amends the notion of semantic theory that he has maintained through the last decade. Philosophers will be interested in the views that Katz derives about logic, analyticity, opacity, natural language, and intensionality; and the main focus is on these topics throughout the book, though considerable attention is given the technical apparatus of semantic markers, projection rules, and so on. The work concludes with a chapter that criticizes the equation (...) of deep syntactic structure and semantico-logico form recently proposed by the "generative semanticists." Separate chapters are devoted to the logic of questions and "temporal specification, state, process, and the converse relation;" but these chapters are taken up with the notion of presupposition and difference in meaning, and so relate to the basic argument of the book quite directly. This is a complicated, forthright, and imaginative work, though some readers may find it puzzlingly incomplete on a few points. (shrink)

On March 15, 2006, French President Jacques Chirac signed into law an amendment to his country's education statute, banning the wearing of conspicuous signs of religious affiliation in public schools. Prohibited items included a large cross, a veil, or skullcap. The ban was expressly introduced by lawmakers as an application of the principle of government neutrality, du principe de laïcité. Opponents of the law viewed it primarily as an intolerant assault against the hijab, a head and neck wrap worn by (...) many Muslim women around the world. In Politics of the Veil, Professor Joan Wallach Scott offers an illuminating account of the significance of the hijab in France. Scott's lucid, compact examination of the hijab complements previous feminist scholarship on veiling with a close look at its role in a particular time and place - contemporary France - where it has been the subject matter of a unique political discourse. How different is America's political discourse surrounding religious symbols in the schools as compared to the French? I offer a U.S. constitutional perspective on the rights of religious minorities and women in the public schools, and suggest that a ban on the hijab must be considered unconstitutional. A proposal for a national rule against the hijab in public schools or universities would fall flat in the United States. When compared to U.S. approaches to the hijab, the French experience examined by Joan Wallach Scott underscores an important point: there is more than one way to be a modern, multicultural western liberal democracy with a Muslim population, and some ways are better than others. (shrink)

To students and practitioners of anamorphic art, the name of Jean-François Niceron is more than preeminent; it has become iconic. La Perspective Curieuse was first published in 1638. An augmented version was then translated into Latin by Mersenne in 1646. A newly amended and augmented version was retranslated into French by Roberval in 1652. This book is an English translation of the 1652 text, with reference to the 1638 and 1646 versions. Considering the continued high reputation of the book, the (...) mathematics have been checked for correctness and consistency, and the authors have provided a full commentary, pointing out the most difficult turns of the 17th-century French, the respective contributions of Niceron, Mersenne and Roberval, and explaining Niceron's greatest insights and weaknesses. (shrink)

Although research in ecopsychology commonly identifies the value of spiritual experiences in nature for psychological well-being and environmental behaviour, previous research has not compared the outcomes of these experiences in natural and human-built settings. In the present study, the relationship between self-reported mystical experiences in natural and human-built environments for psychological well-being and environmental behaviour was investigated. A sample of 305 participants completed an amended version of Hood's Mysticism Scale, a measure of psychological well-being, and brief environmental behaviour scale. Correlations (...) indicated that mystical experiences in natural and in human-built environments both significantly predicted psychological well-being, but only mystical experiences in natural settings predicted environmental behaviour. This study suggests that mystical experiences in natural and human-built environments may be related to different outcomes. (shrink)

In A Politics of the Ordinary, Thomas Dumm dramatizes how everyday life in the United States intersects with and is influenced by the power of events, on the one hand, and forces of conformity and normalcy on the other. Combining poststructuralist analysis with a sympathetic reading of a strain of American thought that begins with Emerson and culminates in the work of Stanley Cavell, A Politics of the Ordinary investigates incidents from everyday life, political spectacles, and popular culture. Whether juxtaposing (...) reflections about boredom in rural New Mexico with Emerson's theory of constitutional amendment, Richard Nixon's letter of resignation with Thoreau's writings to overcome quiet desperation, or demonstrating how Disney's Toy Story allegorizes the downsizing of the American white-collar work force, Dumm's constant concern is to show how the ordinary is the primary source of the democratic political imagination. (shrink)

What is missing from most analyses of the gun crisis in America is an archetypal perspective. Archetypically, the Constitution is in the domain of the Bible in terms of it being the equivalent of a sacred text for Americans, making the Second Amendment a revered text for gun enthusiasts. It enshrines the insidious concept that people can rise up in armed resistance to an oppressive force, including the US government. The Minuteman is an archetypal mythic image in the American collective (...) unconscious for the Second Amendment. A gun confers wakan (Sioux), sacred power, upon its possessor, allowing them to wield in an instant the archetype of death. This moves conflicts into the archetypal categories of good‐vs‐evil and black‐and‐white, circumventing the system of laws upon which our country is based and averting the dialogue upon which a democracy depends. The cowboy is another mythic image, the lonely gun‐toting individual who fought off beasts and savages to tame the Wild West. The very concept of America as “a shining city on the hill” that inspired our Puritan (archetypal image) ancestors is from the Book of Revelation in the Bible. They were not averse to using guns to exterminate the “heathen savages” they encountered. The arsenal of guns in America amplifies growing tensions around income inequality, increasing corporate power and deteriorating racial relations and inner city conditions. (shrink)

Aristotle's unusual view that charis should play a role in exchange is defended from the criticisms of Meikle and others. Aristotle proposes to amend the conventional Athenian status transaction so that it benefits the weaker party. The stronger is rewarded with honour and increased social influence, which could protect him/her from punitive taxation or court judgments. The relations between Aristotle's views and those of Polanyi are indicated.

Six years ago, when I last wrote on tobacco policy, my perspective was to offer an assessment of the strengths and weaknesses of a halfcentury of tobacco control strategies aimed at reducing the health risks associated with cigarette smoking. I began with a discussion of informational strategies; then turned to public place restrictions; and followed with a treatment of excise tax initiatives. In my view, restrictions on advertising and promotion and resort to tort litigation had been less effective as control (...) efforts, but nonetheless also warranted consideration. In the ensuing years, there have been a number of significant developments that have altered the course of tobacco control policy. Prominent among these developments has been the authority granted to the Food and Drug Administration in the Family Smoking Prevention and Tobacco Control Act of 2009; the resort by the industry to litigation in a new guise - particularly reliant on the First Amendment - as an offensive weapon targeting regulatory controls; and the publication of the 2012 Surgeon General’s Report on youth smoking, which makes the case for top-priority attention to underage smoking behavior. These and related measures point to new pathways for breaking through a perceived recent loss of momentum in achieving further reductions in tobacco-related disease, without abandoning what has worked in the recent past. I attempt to pull together these multiple fronts in a Section focused primarily on youth smoking, assessing the promise of present efforts to reduce the harms associated with tobacco. Finally, I offer some brief thoughts from a broader public-health perspective, discussing the framework of tobacco control initiatives from the vantage point of the obesity problem. (shrink)

Background: The role of nurses as patient advocates is one which is well recognised, supported and the subject of a broad body of literature. One of the key impediments to the role of the nurse as patient advocate is the lack of support and legislative frameworks. Within a broad range of activities constituting advocacy, whistleblowing is currently the subject of much discussion in the light of the Mid Staffordshire inquiry in the United Kingdom and other instances of patient mistreatment. As (...) a result steps to amend existing whistleblowing legislation where it exists or introduce it where it does not are underway. Objective: This paper traces the development of legislation for advocacy. Conclusion: The authors argue that while any legislation supporting advocacy is welcome, legislation on its own will not encourage or enable nurses to whistleblow. (shrink)

In A Politics of the Ordinary, Thomas Dumm dramatizes how everyday life in the United States intersects with and is influenced by the power of events, on the one hand, and forces of conformity and normalcy on the other. Combining poststructuralist analysis with a sympathetic reading of a strain of American thought that begins with Emerson and culminates in the work of Stanley Cavell, A Politics of the Ordinary investigates incidents from everyday life, political spectacles, and popular culture. Whether juxtaposing (...) reflections about boredom in rural New Mexico with Emerson's theory of constitutional amendment, Richard Nixon's letter of resignation with Thoreau's writings to overcome quiet desperation, or demonstrating how Disney's Toy Story allegorizes the downsizing of the American white-collar work force, Dumm's constant concern is to show how the ordinary is the primary source of the democratic political imagination. (shrink)

Obesity is a public health problem in the United States. Experts have identified the regulation of food marketing as a policy strategy to address obesity and poor nutrition. However, the First Amendment can be a barrier to reducing exposure to problematic food marketing. In recent years, courts have become increasingly protective of speech, and particularly of “commercial speech,” or advertising, which can make it more difficult to regulate certain marketing practices.

Advance health care directives and informed consent remain the cornerstones of patients' right to self-determination regarding medical care and preferences at the end-of-life. However, the effectiveness and clinical applicability of advance health care directives to decision-making on the use of life support systems at the end-of-life is questionable. The Uniform Anatomical Gift Act (UAGA) has been revised in 2006 to permit the use of life support systems at or near death for the purpose of maximizing procurement opportunities of organs medically (...) suitable for transplantation. Some states have enacted the Revised UAGA (2006) and a few of those have included amendments while attempting to preserve the uniformity of the revised Act. Other states have introduced the Revised UAGA (2006) for legislation and remaining states are likely to follow soon. (shrink)

This paper focuses on the 1986 Amendments to the False Claims Act of 1863, which offers whistle-blowers financial rewards for disclosing fraud committed against the U.S. government. This law provides an opportunity to examine underlying assumptions about the morality of whistle-blowing and to consider the merits of increased reliance on whistle-blowing to protect the public interest. The law seems open to a number of moral objections, most notably that it exerts a morally corrupting influence on whistle-blowers. We answer these objections (...) and argue that the law is not objectionable on these grounds. Since there are no compelling moral objections to the law, it is appropriate and acceptable to judge the law in terms of its economic costs and benefits. We assess the most salient of these and conclude that the benefits outweigh the costs. We suggest that a mechanism similar to the Act should be considered for protecting stockholders’ interests in the private sector. We conclude by making several proposals for improving the existing legislation. (shrink)

Moral taint occurs when one’s personality has been compromised by the introduction of something that produces disfigurement of the moral psyche. While taint may be traced to vicarious liability for our voluntary associations, the thought that we might be responsible for taint and that taint is something we must confront and make amends for becomes problematic when taint is acquired by circumstantial luck. I argue that the idea of circumstantial taint—for example, the idea that people can be morally compromised by (...) their heritage—is coherent. In such cases, although taint is not due to a deficient level of care or to an unsavory quality of will, shame is the appropriate affect and atonement the appropriate response. The concept of moral taint is helpful in assisting our comprehension of more vexing cases of responsibility and blame where shame and a need for atonement exist. (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)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

In theCitizens United v. Federal Election Commission(2010) decision, the Supreme Court rendered an opinion verifying the legality of unions and corporations to spend funds from theirgeneral treasuriesto finance independent expenditures related to political and electioneering communications. Such speech and communications are constitutionally protected by the First Amendment, according to Justice Kennedy, who wrote the majority opinion (558 U.S. 22, 2010). The dissenting opinion questioned whether such rights should accrue to corporations, since corporations differ from constitutionally‐protected “natural persons” (dissent, 558 U.S. (...) 50 at 2, 2010; Johnson2011). The decision ignited a firestorm of controversy, which renewed interest in the legal concept of corporate personhood.This article reviews key findings in theCitizens United v. FECcase, then describes the historical, legal, and theoretical concepts of corporate personhood with the goal of unbundling the nuanced consequences of the majority and dissenting opinions of theCitizens United v. FECcase. The analysis then turns to a shareholder perspective, with particular emphasis on the implications for shareholders’ rights and responsibilities. It concludes with an exploration of options available to shareholders concerned about how to respond when a corporation uses its resources to communicate political opinions at odds with their own. (shrink)

This paper explores, first, the common law principles of personal injury litigation explored through court decisions relating to sports injuries in (primarily) England and Wales and, second, the statutory schemes relating to concussion liability and young players in the United States. It explores the difficulties of using those strategies as a means of establishing liability for injuries arising from sports-related concussion (SRC) and explains why they are of such limited utility. While proposed class actions over historically acquired injuries or individual (...) litigation over recent catastrophic injury may have some merit, and while future amendments to the US laws might remove some of their inherent flaws, the difficulties in establishing liability for personal injury will always be exacerbated by the specific characteristics of SRC and the legal, factual and evidential issues that arise. For those reasons, the paper considers the potential benefits of other means of concussion prevention and mitigation, including no-fault compensation and mandatory insurance, the more widespread use of effective, nuanced concussion protocols, and inter-disciplinary research that engages with doctrinal legal research. (shrink)

In an attempt to revive discussion of the argument from illusion this paper amends the classic version of the argument to avoid Austin's main objection. It then develops and defends a version of the intentional object reply to the argument, arguing that an "unendorsed story" account of reports of dreams and hallucinations avoids commitment to nonexistent objects.

In the United States, final amendments to the Federal Policy for the Protection of Human Subjects (“the Common Rule”) were published on January 19, 2017, and they will take effect on January 21, 2019. One of the most widely discussed provisions is that for the first time, federal regulations governing research with humans authorize the use of broad consent for future, unspecified research on individually identifiable biospecimens and associated data. Many questions have been raised about broad consent, including what effect (...) it will have on research and whether it adequately protects the interests of research participants.There are lessons to be learned for the U.S. and other countries by looking to countries that already have experience with broad consent for biobank collection and with the storage and subsequent use of the biospecimens and data. This article describes how broad consent works in five countries—Canada (in Quebec), Israel, Nigeria, Taiwan, and the United Kingdom—and with different types of biobanks: national biobanks, federated biobanks, and regional biobanks. Evaluating the provisions and challenges of the broad consent approaches in these countries can inform policies for this increasingly used approach to biobank regulation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beyond Ratzinger's Republic:Communio's Postliberal TurnSam Zeno Conedera S.J. and Vincent L. Strand S.J.Is the political future of the West a postliberal one? For the past decade, numerous prominent thinkers in America and Europe have been debating this question. Matters that not long ago were merely of historical interest, such as Pope Gelasius I's understanding of the relation between sacral authority and royal power, Thomas Aquinas's thought on monarchy and (...) Robert Bellarmine's theory of the pope's indirect authority in temporal matters are now increasingly studied for their potential answers to contemporary political questions. This development, which would have been nearly unimaginable just a decade earlier, unsurprisingly has been led by Catholics. We say "unsurprisingly" in view of the long pre-modern tradition of Catholic political thought, as well as the Church's long struggle against liberalism during the nineteenth and early twentieth centuries. Some of the current postliberal writers explicitly connect themselves to both of these aspects by using the term "integralist" to describe their position.1 [End Page 889]This "new integralism" represents a radical departure from the mainstream of Catholic political discourse of the last half century, which has largely sought rapprochement with Western liberalism. A group of writers, led by John Courtney Murray, George Weigel, Michael Novak, and Robert George, have held that the American constitutional order is rooted in the natural law tradition, and therefore is basically friendly to Catholic political thought. The Church's role in American life, they say, is upholding the natural law as a public moral philosophy, while embracing the non-establishment clause of the First Amendment as a matter of principle, in accordance with the teachings of the Second Vatican Council. This "Whig Thomism," which for decades represented the predominant outlook of conservative American Catholics, must now face the challenge of a different sort of Thomism represented by the integralists.2While the engagement between Whig Thomists and integralists has received most of the attention from scholars and journalists alike, another postliberal option has emerged in recent years. Its source is a group of Catholic thinkers associated with the Communio theological movement. Their political vision, which has no single name or label, has a complex and subtle relationship with the thought of earlier Communio writers, most of whom shared the Whig Thomist desire for reconciliation with Western liberalism. [End Page 890] The appearance of a Communio postliberalism therefore represents a significant development within this intellectual tradition. The most important representative of the earlier Communio perspective on political questions is Joseph Ratzinger / Pope Benedict XVI, who has recently been lauded as the "most important Catholic thinker of the twentieth century" on matters at the intersection of theology and politics.3In an article titled "Ratzinger's Republic" that appeared in these pages in 2020, we identified a significant tension in his thought about the Church's contribution to political life.4 Exploring Ratzinger's writings on natural law, we demonstrated that two currents are present. In accord with his fundamental theological commitments about nature and grace and about faith and reason, Ratzinger often questioned the effectiveness of arguments from natural law. He claimed that, since reason is historically conditioned, and therefore in the current order marked by sin, reason needs grace and faith to function properly. Yet, on other occasions, Ratzinger strongly endorsed arguments from natural law, highlighting its role as the foundation of a just democratic political order. We traced this ambivalence about natural law back to a dilemma at the heart of Ratzinger's political thought. On the one hand, in accord with his thinking about the relations of nature and grace and faith and reason, Ratzinger argued that the state needs the Church to supply moral values that the state cannot furnish on its own. On the other hand, he believed it belongs to the very nature of the Church to be separate from the state, and he endorsed nonconfessional, religiously pluralistic states.5 In light of these two commitments, Ratzinger argued that the contribution Christians are to make to the state is to supply moral values that were discerned under the influence of grace and divine revelation but... (shrink)

Introduction Patients require an accurate knowledge about placebos and their possible effects to ensure consent for placebo-controlled clinical trials is adequately informed. However, few previous studies have explored patients’ baseline levels of understanding and knowledge about placebos. The present online survey aimed to assess knowledge about placebos among patients with a history of back pain. Design A 15-item questionnaire was constructed to measure knowledge about placebos. Additional questions assessed sociodemographic characteristics, duration and severity of back pain, and previous experience of (...) receiving placebos. Setting Participants recruited from community settings completed the study online. Results 210 participants completed the questionnaire. 86.7% had back pain in the past 6 months, 44.3% currently had back pain. 4.3% had received a placebo intervention as part of a clinical trial and 68.1% had previously read or heard information about placebos. Overall knowledge of placebos was high, with participants on average answering 12.07 of 15 questions about placebos correctly. However, few participants correctly answered questions about the nocebo effect and the impact of the colour of a placebo pill. Conclusions The findings identified key gaps in knowledge about placebos. The lack of understanding of the nocebo effect in particular has implications for the informed consent of trial participants. Research ethics committees and investigators should prioritise amending informed consent procedures to incorporate the fact that participants in the placebo arm might experience adverse side effects. (shrink)

The Monographs produced by the International Agency for Research on Cancer (IARC) apply rigorous procedures for the scientific review and evaluation of carcinogenic hazards by independent experts. The Preamble to the IARC Monographs, which outlines these procedures, was updated in 2019, following recommendations of a 2018 expert Advisory Group. This article presents the key features of the updated Preamble, a major milestone that will enable IARC to take advantage of recent scientific and procedural advances made during the 12 years since (...) the last Preamble amendments. The updated Preamble formalizes important developments already being pioneered in the Monographs Programme. These developments were taken forward in a clarified and strengthened process for identifying, reviewing, evaluating and integrating evidence to identify causes of human cancer. The advancements adopted include strengthening of systematic review methodologies; greater emphasis on mechanistic evidence, based on key characteristics of carcinogens; greater consideration of quality and informativeness in the critical evaluation of epidemiological studies, including their exposure assessment methods; improved harmonization of evaluation criteria for the different evidence streams; and a single-step process of integrating evidence on cancer in humans, cancer in experimental animals and mechanisms for reaching overall evaluations. In all, the updated Preamble underpins a stronger and more transparent method for the identification of carcinogenic hazards, the essential first step in cancer prevention. (shrink)

Certain types of corporate charter antitakeover amendments, or shark repellents, may not serve the interests of the stockholders or the stakeholders of the firm. This paper extends the examination of the use of shark repellents by taking an ethical perspective to synthesize prior research on shark repellents and their relationship to stockholder and stakeholder welfare. Some shark repellents seem to benefit certain interest groups at the expense of other groups.

Most aspects of agriculture in Cuba prior to 1989 were comparable to California: a high energy input, conventional agriculture (based on what the Cubans now call the “classical model”) in which little was done to protect the nation's soils from erosion, loss of fertility, salinization, and other forms of degradation. In stark contrast the new “Alternative Model,” which has been rapidly replacing the previous model since 1989, emphasizes soil conservation and rehabilitation and the general improvement of the nation's soils as (...) the key to sustaining low-input production and attainment of food security. One of the first steps in implementing the new model was the launching of an ambitious program to reclassify, evaluate, and map the nation's soils in great detail, and to interpret the maps for management of sustainable production. A main feature of this program is coordinated fertility trials to determine, for each combination of crop and soil, the minimum quantity of plant nutrients needed to produce the crop. The build up and maintenance of soil fertility and productivity is being accomplished with various organic and mineral amendments and biofertilizers, produced or mined within the country (locally, where possible) and through rational management utilizing cover crops, green manures, crop successions (intercropping and rotations), and other appropriate technologies. Rehabilitation of degraded soils, tillage reduction, reforestation, vermiculture, vermicomposting, and other forms of waste cycling are other features of the new model that are important to soil conservation and maintenance for sustainable production. (shrink)

This collection reflects the extraordinary career of the man it honors in its variety of subjects and range of scholarship. Mortimer Adler proposes six amendments to the Constitution. Paul Eidelberg surveys the rise of secularism from Socrates to Machiavelli. Hellmut Fritzsche, a physicist, catalogs some famous scientific mistakes. David Grene (Anastaplo's dissertation advisor) looks at Shakespeare's Measure for Measure as "mythological history." Harry V. Jaffa continues a running debate with Anastaplo on how to read the Constitution, James Lehrberger examines Aquinas's (...) views on natural law, Harry Newman argues "The Case Against Politics." Studs Terkel interviews Anastaplo on his encounter with the Illinois bar, and John Van Doren and others contribute a selection of poems. George Anastaplo turned to an academic career when he was denied admission to the bar in 1950 because, on principle, he affirmed the right of revolution and refused to say whether he was a Communist. In this age of academic specialization, Anastaplo's career has been distinguished by a remarkable versatility of thought. Author of five books, including The Artist as Thinker: From Shakespeare to Joyce (Swallow Press, 1983), Human Being and Citizen: Essays on Virtue, Freedom and the Common Good (Swallow Press, 1986), The Constitution of 1787: A Commentary (1989), and The American Moralist: On Law, Ethics, and Government (Ohio University Press, 1992), Anastaplo has also, for the past three decades, produced a steady stream of essays, articles, and papers on subjects from baseball to the Koran, from Socrates to Freud. Volume 2 of Law and Philosophy includes a complete bibliography of his works. (shrink)