While the notion of establishing a value for human life may be uncomfortable for some, we argue that it is a fundamental requirement for many aspects of public policy. We compare a number of approaches which have been traditionally relied on to make estimations. Also, we provide an exercise which provides an unusual, but we hope provocative, perspective on the evaluation of human life.

“Public health legal preparedness” is a term born in the ferment, beginning in the late 1990s, that has led to unprecedented recognition of the essential role law plays in public health and, even more recently, in protecting the public from terrorism and other potentially catastrophic health threats.The initial articulation of public health has not kept pace with rapid evolution in the concept and in practical development of public health preparedness itself. This poses the risk that legal preparedness may fall behind (...) construction of general readiness in the public health system—and may, in fact, undercut achievement of comprehensive public health preparedness for massive threats to health in both the United States and world-wide. Inadvertent results might include both negative health impacts and infringement on individual rights. (shrink)

Childhood obesity is in important respects a result of legal policies that influence both dietary intake and physical activity. The law must shift focus away from individual risk factors alone and seek instead to promote situational and environmental influences that create an atmosphere conducive to health. To attain this goal, advocates should embrace a population-wide model of public health, and policymakers must critically examine the fashionable rhetoric of consumer choice.

Ambos-Spies, K. and R.A. Shore, Undecidability and 1-types in the recursively enumerable degrees, Annals of Pure and Applied Logic 63 3–37. We show that the theory of the partial ordering of recursively enumerable Turing degrees is undecidable and has uncountably many 1-types. In contrast to the original proof of the former which used a very complicated O''' argument our proof proceeds by a much simpler infinite injury argument. Moreover, it combines with the permitting technique to get similar results for any (...) ideal of the r.e. degrees. (shrink)

Argues that the planetary crisis, which has been produced by modernity, demands a postmodern politics.

Solving the 4-d Einstein equations as evolution in time requires solving equations of two types: the four elliptic initial data (constraint) equations, followed by the six second-order evolution equations. Analytically the constraint equations remain solved under the action of the evolution, and one approach is to simply monitor them (unconstrained evolution). The problem of the 3-d computational simulation of even a single isolated vacuum black hole has proven to be remarkably difficult. Recently, we have become aware of two publications that (...) describe very long term evolution, at least for single isolated black holes. An essential feature in each of these results is constraint subtraction. Additionally, each of these approaches is based on what we call “modern,” hyperbolic formulations of the Einstein equations. It is generally assumed, based on computational experience, that the use of such modern formulations is essential for long-term black hole stability. We report here on comparable lifetime results based on the much simpler (“traditional”) ${\dot g} - {\dot K}$ formulation. With specific subtraction of constraints, with a simple analytic gauge, with very simple boundary conditions, and for moderately large domains with moderately fine resolution, we find computational evolutions of isolated non-spinning black holes for times exceeding 1000 GM/c2. We have also carried out a series of constrained 3-d evolutions of single isolated black holes. We find that constraint solution can produce substantially stabilized long-term single hole evolutions. However, we have found that for large domains, neither constraint-subtracted nor constrained ${\dot g} - {\dot K}$ evolutions carried out in Cartesian coordinates admit arbitrarily long-lived simulations. The failure appears to arise from features at the inner excision boundary; the behavior does generally improve with resolution. (shrink)

Initial reflections on ethics, morality, and justice in an adversary system -- Undertaking a case -- Communication and confidentiality -- Loyalties and conflicts of interest -- Who controls the case? How should lawyers and clients share decisionmaking? -- What price truth? What price justice? What price advocacy? -- Tactics, free speech, and playing by the rules -- The special problems of the government lawyer -- The lawyer acting as advisor -- The lawyer as part of the law firm structure -- (...) Mental health, substance abuse, and the realities of modern practice -- The economics of lawyering -- Admissions, discipline, and some other rules of lawyering. (shrink)

My heart was removed and replaced on May 17, 2006. No melodrama is intended here, just an unadorned factual statement. Transplants are transformative. In my case, that transformation led to bioethics.

A dozen papers by internationally known scholars explore questions largely unthinkable without Richard Watson's classic Downfall of Cartesianism: Descartes in Holland, Descartes and Simon Foucher, and issues raised by Descartes for philosophy of mind, philosophy of science, translation and toleration.

The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is theunauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the (...) familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent. (shrink)

This commentary on four theoretical articles published in this issue of Emotion Review discusses the one big thing that links them all and raises some questions about the ontological status of the appraisal part of appraisal theories of emotion.

Stimulated by these three brilliant target essays this commentary raises a few questions about the universality of the “emotions,” the cultural psychology of “natural kinds,” and the analytic deconstruction of the idea of an emotion.

For many adolescent Kenyan males genital reshaping is a self-defining experience of enormous positive significance. The same can be said for many Kenyan females. These adolescents, male and female, do not think their bodies have been “mutilated.” Quite the contrary, by their lights the surgical procedure removes a defect of nature and is the means by which a desired state of physical integrity and social maturity is achieved. By their lights the procedure gets rid of unseemly fleshy encumbrances and protrusions (...) and helps them erase unwanted physical traces of childhood bisexuality, thereby making their genitals look smooth and clean and more gender appropriate. By their lights their appearance and... (shrink)

Imitation is said to be the sincerest form of flattery. Socially, the proposition may well be true. But in the world of ideas it is false: to the extent that two incompatible traditions use the same words or symbols to articulate different visions of legal or social organization, imitation begets confusion, not enlightenment. The effects of that confusion, moreover, are not confined to the world of ideas, but spill over into the world of politics and public affairs. Words are more (...) than tools of description: they work also as tools of persuasion and transformation. Let a term have a favorable connotation in one context, and its imitative use can mislead people into thinking that a major departure from established practice is merely the extension or updating of an old principle to deal with new circumstances. (shrink)

'Tis true governments cannot be supported without great charge, and it is fit everyone who enjoys a share of the protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e., the consent of the majority giving it either by themselves or their representatives chosen by them. For if any one shall claim a power to lay and levy taxes on the people, by his own authority, and (...) without such consent of the people, he thereby invades the fundamental law of property and subverts the end of government. For what property have I in that which another may by right take when he pleases to himself. (shrink)

The RIAA v. Verizon case offers an opportunity to analyze the scope of an Internet service provider’s responsibility to help deter copyright infringement. In this case, the RIAA served Verizon with a subpoena requesting the identity of two users who were making available copyrighted recordings for downloading on peer‐to‐peer networks. The main axis of discussion is whether or not Verizon has a moral obligation to reveal the names of these individuals. Should Verizon cooperate with the RIAA or should it seek (...) to shield the identity of these users in order to protect their anonymity and privacy? A secondary theme concerns Verizon’s prospective responsibility to curtail infringement. We will argue that Verizon and other ISPs have a limited obligation to assist copyright holders by disclosing the identity of infringers, but we contend that any prospective responsibility is constrained by law and technological capability. (shrink)

The founder of American pragmatism, C.S. Peirce, lived as an eccentric, but thought as a dedicated communitarian. In Reading Peirce Reading, Richard Smyth demonstrates that Peirce's early essays presuppose a very distinctive perspective on the history of philosophy. One important mark of a major philosopher, Smyth argues, is that the philosopher causes us to read the history of thought in new ways. Smyth shows not only that Peirce passes that test, but that Peirce's philosophical practice actually did conform to (...) his communal ideal for inquiry. Students and scholars interested in the history of philosophy and pragmatism will want to read this book. (shrink)

Ame Naess, John Rodman, George Sessions, and others, designated herein as ecosophers, propose an egalitarian anti-anthropocentric biocentrism as a basis for a new environmental ethic. I outline their “hands-off-nature” position and show it to be based on setting man apart. The ecosophic position is thus neither egalitarian nor fully biocentric. A fully egalitarian biocentric ethic would place no more restrictions on the behavior of human beings than on the behavior of any other animals. Uncontrolled human behavior might lead to the (...) destruction ofthe environment and thus to the extinction of human beings. I thus conclude that human interest in survival is the best ground on which to argue for an ecological balance which is good both for human beings and for the whole biological community. (shrink)

... and Normative Epistemology The Distinction Between Metaepistemology and Normative Epistemology Although this terminology is relatively new, ...

In the aftermath of the events of September 11, 2001, Stanley Katz (who now chairs the editorial board of this journal) invited the intellectual community to reflect on its own history of involvement in public affairs and to make good on its mistakes. This essay examines a single case of intellectuals involving themselves in public affairs and some of the difficulties in saying and evaluating exactly what happened. Critical attention is given to Anthropological Intelligence, a book by David Price published (...) in 2008, which concerns the involvement of anthropologists in wartime activities during World War II and argues that even that “just war” left an indelible stain on the moral fabric of the discipline. (shrink)

The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is theunauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the (...) familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent. (shrink)

In this paper, I want to explore the relationship between the various forms of individual self-interest and the appropriate structures of government. I shall begin with the former, and by degrees extend the analysis to the latter. I do so in order to mount a defense of principles of limited government, private property, and individual liberty. The ordinary analysis of self-interest treats it as though it were not only a given but also a constant of human nature, and thus makes (...) few allowances for differences between persons. Yet common experience tells us that personality and behavior are as unique as fingerprints. The positive inquiry, therefore, is how we find what is constant about self-interest in a world of natural human diversity. The normative inquiry must take into account both the constant and variable features of human nature in order to determine what forms of social arrangements hold the greatest prospect of long-term social advantage. The gulf between ‘is’ and ‘ought’ must be overcome here, as it must be in all normative discourse. Yet we cannot make sensible judgments of what ought to be the case in the domain of rules unless we first have some idea of what is the case in the domain of behavior. The initial inquiry asks why self-interest is regarded as a constant of human behavior. The explanation derives more from the biological and less from the social. The powerful pressures of natural selection weed out any organisms for whom selfinterest is not the paramount consideration. (shrink)

Beller, Bender, and Medin should be congratulated for their generous attempt at expressive academic therapy for troubled interdisciplinary relationships. In this essay, I suggest that a negative answer to the central question (“Should anthropology be part of cognitive science?”) is not necessarily distressing, that in retrospect the breakup seems fairly predictable, and that disenchantment with the cognitive revolution is nothing new.

The web creates manyopportunities for encroachment on intellectualproperty including trademarks. Our principaltask in this paper is an investigation into anunusual form of such encroachment: theimproper use of metatags. A metatag is a pieceof HTML code that provides summary informationabout a web page. If used in an appropriatemanner, these metatags can play a legitimaterole in helping consumers locate information. But the ``keyword'' metatag is particularlysusceptible to manipulation. These tags can beeasily abused by web site creators anxious tobait search engines and bring (...) scores ofvisitors to their sites. The law aboutmetatags is far from settled and many legalscholars are uncomfortable with the conclusionthat the unauthorized use of a trademark in ametatag represents infringement. How should weassess this practice known as ``spamdexing'' froma normative perspective? Is it commercial fairplay or something more sinister? We make thecase here that there are salient moral problemswith spamdexing since it exploits thereputational goodwill of trademark owners andconfuses consumers. It violates basic moralduties and it flouts the golden rule principle. Hence unauthorized use of a competitor'strademark in a metatag is not morallyacceptable. (shrink)

If X0and X1are both generic, the theories of the degrees below X0and X1are the same. The same is true if both are random. We show that then-genericity orn-randomness of X do not suffice to guarantee that the degrees below X have these common theories. We also show that these two theories are different. These results answer questions of Jockusch as well as Barmpalias, Day and Lewis.