The Association for Core Texts and Courses asserts its commitment to coming together and speaking about the scientific, the political, and the artistic to live together in an enlightened fashion. ACTC's Tenth Annual Conference re-affirmed and re-examined the value of serious reading and discussion focused through core texts.

Political theorist Wendy Brown has argued recently that contemporary neoliberalism, with its relentless obsession on the economy, has all but undone the tenets of democracy. This book suggests one way of thinking out of the current moment, and it does so by looking to a perhaps unlikely figure: Niccolo Machiavelli. Ronald J. Schmidt, Jr. argues that if we imitate Machiavelli's interpretive method in reading The Prince and Discourses of Livy, we can find in them solutions to the neoliberal problems (...) Brown warns about. (shrink)

The purpose of this paper is to critically engage with a recent attempt by Thom Scott-Phillips to offer a general account of communication. As a general account, it is intended to apply equally well to both non-human and human interactions which are prima facie communicative in character. However, so far, Scott-Phillips has provided little detail regarding how his account is supposed to apply to the latter set of cases. After presenting what I take to be the most plausible (...) way of filling in those details, I argue that his account would appear to be too narrow: it fails to capture a range of human interactions which strike us as instances of communication. To wit, these are cases in which some but not all of the information an act is designed to convey to a reactor actually reaches that reactor. An alternative account incorporating Scott-Phillips’ main insights is then sketched, and it is suggested that this account, or something like it, would accommodate the full range of non-human and human interactions that are intuitively communicative. (shrink)

Illness is a reality that affects all people, and healing is the main reason why people attend worship services in sub-Saharan Africa. According to the Ritual Studies scholar Ronald Grimes, illness is a social reality; it is socially imagined and constructed. Healing in the church is something that many believers experience, also in the context of worship and liturgy. In order to explore such healing as it occurs in liturgy a research project was undertaken making use of both empirical (...) work and a literature study. The aim of this research was to take the light off of direct pastoral care and investigate how the liturgy affects individuals within the congregation with regard to healing. A praxis-theory cycle was followed in the research, and a preliminary liturgical theory for praxis was developed based on the insight from the empirical study and ritual theory that healing through worship entails either transformation or reconciliation. (shrink)

For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to (...) identify precisely the core issue around which the debate is organized. Is the Hart-Dworkin debate, for example, about whether the law contains principles, as well as rules? Or does it concern whether judges have discretion in hard cases? Is it about the proper way to interpret legal texts in the American legal system? Or is it about the very possibility of conceptual jurisprudence? Although trying to capture the essence of a philosophical debate can be tricky, I think that there is an important unity to the Hart-Dworkin debate that can be described in a relatively straightforward manner. I suggest that the debate is organized around one of the most profound issues in the philosophy of law, namely, the relation between legality and morality. Dworkin’s basic strategy throughout the course of the debate has been to argue that, in one form or another, legality is ultimately determined not by social facts alone, but by moral facts as well. This contention directly challenges, and threatens to undermine, the positivist picture about the nature of law, in which legality is never determined by morality, but solely by social practice. As one might expect, the response by Hart and his followers has been to argue that this dependence of legality on morality is either merely apparent or does not, in fact, undermine the social foundations of law. The Hart-Dworkin debate, I also try to show, is not a monolithic entity. In the second half of the paper, I describe how Dworkin modified his critique to circumvent the responses of Hart’s followers, thereby inaugurating a new phase in the debate. Virtually no attention, however, has been paid to this latter challenge, which is especially surprising given that none of the previous positivistic defenses are helpful against it. I then sketch out a possible response positivists might offer to this extremely powerful objection. (shrink)

One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be done (...) in a community and so on - without supposing that it is at bottom regulated by what he called the secondary rules of recognition, change and adjudication. Given this incontrovertible demonstration that every legal system must contain rules constituting its foundation, it might seem puzzling that many philosophers have contested Hart's view. In particular, they have objected to his claim that every legal system contains a rule of recognition. More surprisingly, these critiques span different jurisprudential schools. Positivists such as Joseph Raz, as well as natural lawyers such as Ronald Dworkin and John Finnis, have been among Hart's most vocal critics. In this essay, I would like to examine the opposition to the rule of recognition. What is objectionable about Hart's doctrine? Why deny that every legal system necessarily contains a rule setting out the criteria of legal validity? And are these objections convincing? Does the rule of recognition actually exist? This essay has five parts. In Part One, I try to state Hart's doctrine of the rule of recognition with some precision. As we will see, this task is not simple, insofar as Hart's position on this crucial topic is often frustratingly unclear. I also explore in this part whether the United States Constitution, or any of its provisions, can be considered the Hartian rule of recognition for the United States legal system. In Part Two, I attempt to detail the many roles that the rule of recognition plays within Hart's theory of law. In addition to the function that Hart explicitly assigned to it, namely, the resolution of normative uncertainty within a community, I argue that the rule of recognition, and the secondary rules more generally, also account for the law's dexterity, efficiency, normativity, continuity, persistence, supremacy, independence, identity, validity, content and existence. In Part Three, I examine three important challenges to Hart's doctrine of the rule of recognition. They are: 1) Hart's rule of recognition is under- and over-inclusive; 2) Hart cannot explain how social practices are capable of generating rules that confer powers and impose duties and hence cannot account for the normativity of law; 3) Hart cannot explain how disagreements about the criteria of legal validity that occur within actual legal systems, such as in American law, are possible. In Parts Four and Five, I address these various objections. I argue that although Hart's particular account of the rule of recognition is flawed and should be rejected, a related notion can be fashioned and should be substituted in its place. The idea, roughly, is to treat the rule of recognition as a shared plan which sets out the constitutional order of a legal system. As I try to show, understanding the rule of recognition in this new way allows the legal positivist to overcome the challenges lodged against Hart's version while still retaining the power of the original idea. (shrink)

In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I (...) also argue that, insofar as inclusive legal positivism was developed as a response to Ronald Dworkin's critique of H. L. A. Hart's theory of law, it was founded on a mistake. For once we appreciate the role that planning plays in legal regulation, we will see that Dworkin's objection is based on a flawed conception of legal obligations and rights and hence does not present an objection that inclusive legal positivists were required to answer. (shrink)

Although "the Socratic method" is commonly understood as a style of pedagogy involving cross-questioning between teacher and student, there has long been debate among scholars of ancient philosophy about how this method as attributed to Socrates should be defined or, indeed, whether Socrates can be said to have used any single, uniform method at all distinctive to his way of philosophizing. This volume brings together essays by classicists and philosophers examining this controversy anew. The point of departure for many of (...) those engaged in the debate has been the identification of Socratic method with "the elenchus" as a technique of logical argumentation aimed at refuting an interlocutor, which Gregory Vlastos highlighted in an influential article in 1983. The essays in this volume look again at many of the issues to which Vlastos drew attention but also seek to broaden the discussion well beyond the limits of his formulation. Some contributors question the suitability of the elenchus as a general description of how Socrates engages his interlocutors; others trace the historical origins of the kinds of argumentation Socrates employs; others explore methods in addition to the elenchus that Socrates uses; several propose new ways of thinking about Socratic practices. Eight essays focus on specific dialogues, each examining why Plato has Socrates use the particular methods he does in the context defined by the dialogue. Overall, representing a wide range of approaches in Platonic scholarship, the volume aims to enliven and reorient the debate over Socratic method so as to set a new agenda for future research. Contributors are Hayden W. Ausland, Hugh H. Benson, Thomas C. Brickhouse, Michelle Carpenter, John M. Carvalho, Lloyd P. Gerson, Francisco J. Gonzalez, James H. Lesher, Mark McPherran, Ronald M. Polansky, Gerald A. Press, François Renaud, and W. Thomas Schmid, Nicholas D. Smith, P. Christopher Smith, Harold Tarrant, Joanne B. Waugh, and Charles M. Young. (shrink)

This collection of 30 essays covers living a moral and ethical life as a lawyer and Christian, following the example of J. Reuben Clark, Jr. The mission and history of the BYU Law School is also adressed.

Although "the Socratic method" is commonly understood as a style of pedagogy involving cross-questioning between teacher and student, there has long been debate among scholars of ancient philosophy about how this method as attributed to Socrates should be defined or, indeed, whether Socrates can be said to have used any single, uniform method at all distinctive to his way of philosophizing. This volume brings together essays by classicists and philosophers examining this controversy anew. The point of departure for many of (...) those engaged in the debate has been the identification of Socratic method with "the elenchus" as a technique of logical argumentation aimed at refuting an interlocutor, which Gregory Vlastos highlighted in an influential article in 1983. The essays in this volume look again at many of the issues to which Vlastos drew attention but also seek to broaden the discussion well beyond the limits of his formulation. Some contributors question the suitability of the elenchus as a general description of how Socrates engages his interlocutors; others trace the historical origins of the kinds of argumentation Socrates employs; others explore methods in addition to the elenchus that Socrates uses; several propose new ways of thinking about Socratic practices. Eight essays focus on specific dialogues, each examining why Plato has Socrates use the particular methods he does in the context defined by the dialogue. Overall, representing a wide range of approaches in Platonic scholarship, the volume aims to enliven and reorient the debate over Socratic method so as to set a new agenda for future research. Contributors are Hayden W. Ausland, Hugh H. Benson, Thomas C. Brickhouse, Michelle Carpenter, John M. Carvalho, Lloyd P. Gerson, Francisco J. Gonzalez, James H. Lesher, Mark McPherran, Ronald M. Polansky, Gerald A. Press, François Renaud, and W. Thomas Schmid, Nicholas D. Smith, P. Christopher Smith, Harold Tarrant, Joanne B. Waugh, and Charles M. Young. (shrink)

In working his way through his complex conception of the relation of fiction and reality, [Henry] James thus found the unconscious moral dimension inextricably embedded within "realism" itself. In following the threads of realism back to consciousness itself, James invariably found there intertwined with its roots those aspects and elements that other theorists kept carefully separate. By exploring experience to its source, he found imagination. By following objective life from "out there" to conception, he found individual vision. By following the (...) seeming oneness of the passing show back to perception, he found infinite variation and multiplicity. By following the uncolored flux and flow of events to their embodiment in the fictional medium, he found coloration of personality. And by following the "felt life" back to the artist's "prime sensibility", James found there the "moral sense" and the "enveloping air of the artist's humanity"—that which gives "the last touch to the worth of a work." James E. Miller, Jr., professor of English at the University of Chicago, is the author of A Critical Guide to Leaves of Grass; Walt Whitman; F. Scott Fitzgerald: His Art and His Technique; J.D. Salinger; Theory of Fiction: Henry James; and numerous articles on American literature and education. He contributed "Catcher In and Out of History" to Critical Inquiry, Spring 1977. (shrink)

Algunos de los más relevantes filósofos del derecho de los últimos años, como Carlos S. Nino y Ronald Dworkin, han defendido que hay una pluralidad de conceptos de Derecho. Scott Shapiro ha sostenido una posición especialmente relevante acerca de ello: la palabra ‘Derecho’ es sistemáticamente ambigua, pues a veces designa un conjunto de normas y otras veces una organización social. Esta es precisamente la tesis criticada en el trabajo. Se argumenta, basándose en determinada literatura filosófica acerca de los (...) conceptos, que los conceptos de objetos sociales de carácter intencional contienen una dimensión social y una dimensión significativa, normativa en el caso del derecho. El mismo concepto de Derecho expresa una dimensión social y una normativa imbricadas entre sí. Some of the most relevant legal philosophers in the last decades, as Carlos S. Nino and Ronald Dworkin, have defended the idea that there is a plurality of concepts of law. Scott Shapiro has sustained this account in a particularly relevant way: the word ‘law’ displays a ubiquitous ambiguity, sometimes designates a set of norms and other a social organization. This is precisely the thesis which is criticized in the paper. It is argued, from a certain philosophical literature about the concepts, that concepts of social objects of intentional character contain a social dimension and a meaning dimension, normative in the case of the law. That is to say, the concept of law expresses a social dimension and a normative dimension intertwined. (shrink)

While the term “metacognition” is sometimes used to refer to any form of thinking about thinking, in cognitive psychology, it is typically reserved for thinking about one’s own thinking, as opposed to thinking about others’ thinking. How metacognition in this more specific sense relates to other-directed mindreading is one of the main theoretical issues debated in the literature. This article considers the idea that we make use of the same or a largely similar package of resources in conceptually interpreting our (...) own mind as we do in interpreting others’. I assume that a capacity for other-directed mindreading is minimally shared with our great-ape relatives, but I argue that the architecture of this system had to be substantially modified before it could efficiently and adaptively be turned inwards on one’s own mind. I contend that an important piece of the overall evolutionary explanation here likely concerns selection pressures arising from the domain of conversational interaction. Specifically, drawing on work carried out in the human interaction studies tradition (e.g., conversation analysis), I argue that the smooth to-and-fro of conversational interaction can be seen to heavily depend on metacommunicative capacities, which, in turn, are underpinned by metacognitive capacities. I conclude with a thumbnail sketch of an evolutionary account of the emergence of these metacognitive capacities in the human line. Their appearance and spread – whether via genes, cultural learning, or more likely, some combination of the two – helps to explain the transition from great-ape communication to human conversation. (shrink)

There is growing acceptance among language evolution researchers that an increase in our ancestors’ theory of mind capacities was critical to the origins of language. However, little attention has been paid to the question of how those capacities were in fact upgraded. This article develops a novel hypothesis, grounded in contemporary cognitive neuroscience, on which our theory of mind capacities improved as a result of an increase in our System-2 thinking capacities, in turn based in an increase in our working (...) memory capacities. I contrast this hypothesis with what would appear to be the default position among language evolution researchers, namely, that our theory of mind became more powerful as a result of genetic change to a domain-specific mindreading system which we share with other great apes. While the latter hypothesis is not implausible, it arguably enjoys less empirical support at present than does the alternative hypothesis I develop. (shrink)

In many traditional, small-scale societies, death and other misfortunes are commonly explained as a result of others’ malign occult agency. Here, we call this family of epistemic tendencies “the agential view of misfortune.” After reviewing several ethnographic case studies that illustrate this view, we argue that its origins and stability are puzzling from an evolutionary perspective. Not only is the agential view of misfortune false; it imposes costs on individuals and social groups that seem to far outweigh whatever benefits the (...) view might provide. We thus doubt that the agential view of misfortune is explainable in terms of adaptive effects. However, neither does it seem readily explainable as a consequence of belief formation strategies that are on the whole adaptive (as is plausibly the case for certain other of our false beliefs, including some that are costly). Accordingly, we contend that the commonness of the agential view of misfortune demands a special evolutionary explanation of some kind. We provide a partial explanation of this phenomenon by highlighting the adaptive benefits that often flow to occult specialists in environments where the agential view of misfortune is entrenched. What this does not explain, however, is the general lack of resistance we observe in response to occultists’ exploitative behaviours over (cultural) evolutionary timescales. We conclude by canvassing a few possible explanations for this puzzling lack of resistance, and while we commit ourselves to none, we do find one option more promising than the others. (shrink)

Forty years ago, Vaughn Ball demonstrated that the then received notion of conditional relevance served no useful purpose, as it would only come into effect if the probability of an element were 0.0. But, if the probability of an element were 0.0, a directed verdict would be in order and so once again conditional relevancy was doing no work. I extended that analysis to include the relationship between proffers of evidence and facts of consequence to demonstrate that the work that (...) conditional relevancy was supposedly doing was isomorphic to that done by relevancy in all significant ways, and yet the Federal Rules of Evidence provide different standards for the two situations to determine admissibility. I thus proposed an amendment to FRE 104(b) to provide for the same standard to be applied to ‘relevancy’ and ‘conditional relevancy’. In a recent article, Matthew Kotzen appears to subject this work to intense scrutiny and criticism, yet at the same time reaches, so far as I can tell, identical conclusions. This raises the question, which I examine, whether this is an example of cross-disciplinary difficulties in communication. (shrink)

A number of language evolution researchers have argued that while language as we now know it is a predominately vocal affair, early language plausibly made extensive use of gesture. Relatedly, these same researchers often claim that while modern language in general uses arbitrary symbols, it is very likely that early language made extensive use of iconicity. Anyone accepting an account of early language along these lines must therefore explain how language shifted over time from a heavily gestural and iconic communication (...) system to a predominately vocal and highly arbitrary one. This article looks at an intriguing theory advanced by Woll as to how this shift was made. We find the spirit of the theory plausible but take issue with its details. Specifically, we identify a serious tension at the core of the theory. We then go on to explore how that tension might be plausibly resolved. The result is a blueprint for a much-improved version of the theory, in our view. (shrink)

Bribery is a complicated, multi-dimensional issue. Upon first glance, most westerners would immediately condemn it as an underhanded, unfair means of gaining an advantage in a competitive or legal situation, and so it is in virtually every case in the westernized world. However, the issue becomes much more complicated in the international context, particularly in developing nations, where giving and accepting bribes is often normal and expected. This paper serves to inform ethical decision-making in situations where the “right choice” is (...) unclear with regards to bribery, primarily for individuals performing aid work in foreign countries with corrupt officials and police officers. In such contexts, a simple offering of food, money, or a small trinket may make the difference between a person being able to accomplish meaningful, life-changing work for the local populace or having that work significantly slowed at best and being thrown out of the country, robbed, or imprisoned in worse cases. The larger scale bribery issues in international business and the laws pertaining to them are also discussed. (shrink)

The expanded use of genetic testing raises key ethical and policy questions about possible benefits and harms for those receiving disease‐risk information. As predictive testing for Huntington’s was initiated in a clinical setting, survey research posing hypothetical test scenarios suggested that the vast majority of at‐risk relatives wanted to know whether they carried a disease‐causing mutation. However, only a small minority ultimately availed themselves of this opportunity. Many at‐risk individuals concluded that a positive test result would be too psychologically overwhelming. (...) A substantial literature suggests that individuals are often more resilient than anticipated in coping with many different health‐related stresses. Much of my own work in the field has been through the Risk Evaluation & Education for Alzheimer’s Disease study (REVEAL), a series of randomized clinical trials assessing the impact of genetic susceptibility testing on asymptomatic individuals at risk for Alzheimer’s disease. Our experience in developing and implementing four successive, multisite trials provides some potentially useful lessons for the field. More people will be asking for their personal genetic information. Better understanding will help us decide when access is appropriate and how best to disclose results in a manner that supports adjustment to test findings and promotes use of genetic information to improve human health. (shrink)

This article explores the synthesis between the theories and practice of Humanistic Management and Self-Determination Theory of Motivation (SDT). Moving from Economistic to Humanistic Management involves considering human action as uniting internal and external dimensions, having ethics as a guide for a good life, viewing society as a community of people, and being open to beauty and transcendence. The recently elucidated 50-year legacy of SDT describes it as a truly human science of motivation that takes into consideration our attributes as (...) persons, including our capacities for awareness and self-regulation. It also focuses on one’s capacity for autonomy as it applies to individual functioning, interpersonal relationships, and societal interactions. SDT posits a continuum of motivational regulation ranging from amotivation through controlled to autonomous motivation. The current empirical study of Millennials' motivation to support local and global hunger charities based on social media communication employs the complete SDT continuum. Digitalization and globalization have fundamentally changed the nature of human communication. Millennials are central to the humanistic functioning of today’s society. The study findings of the dominance of integrated personal value autonomy demonstrates the necessity of assessing the complete set of SDT motivations in various contexts and situations. Given that SDT and Humanistic Management investigations have mainly involved corporations, one must also be open to investigating the humanistic management of non-profit social and governmental organizations. The non-greenwashed triple sustainability values of corporate, social and environmental good are pertinent targets for Humanistic Management research and Practices. (shrink)

This commentary seeks to supplement the case Quilty-Dunn et al. make for the psychological reality of languages-of-thought (LoTs) in two ways. First, it focuses on the reduced physical demands which LoT architectures often make compared to alternative architectures. Second, it embeds LoT research within a broader framework that can be leveraged to understand the evolution of LoTs.

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.

The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.

The arbitrariness of a signal has long been seen as a theoretically important but difficult to pin down notion. In this article, we suggest there are at least two different notions of arbitrariness at play in philosophical and scientific debates concerning the use of arbitrary signals, and work towards improved analyses of both. We then consider how these different types of arbitrariness can co-occur and come apart. Finally, we examine the connections between these two types of arbitrariness and the cognitive (...) complexity of signal users with an eye towards better evaluating one possible form of human-nonhuman communicative continuity. We show that each type of arbitrariness bears its own nuanced relationship to cognitive complexity, demonstrating the theoretical importance of keeping these two notions separate. (shrink)

In October of 2009, Trevor Keezer was terminated by Home Depot for refusing to remove a pin from his uniform declaring “One Nation under God, Indivisible.” Mr. Keezer, a cashier with Home Depot, contended that the button he had worn for over one year before any action was taken by his employer expressed his support for American troops and his Christian faith. Were the actions taken by his employer warranted or was Mr. Keezer the victim of arbitrary religious discrimination unrelated (...) to job performance? Religion is becoming an increasingly polarizing issue in the workplace, forcing retail managers to balance the respective interests of employees, coworkers, and patrons of retail establishments. And from all indications, if legislation pending in Congress is enacted, maintaining the balance will become more problematic. (shrink)

ABSTRACTFast food chains such as McDonald's, KFC, and Burger King are major players in the production, marketing, and consumption of animal‐derived food throughout the world. Animal rights activists are quick to point out the link between the highly efficient factory farms that supply these chains and extreme animal cruelty and environmental degradation. Strategically, fast food is well positioned to leverage change in the methods by which animals are raised and processed for human consumption. Although progress has been made as the (...) fast food industry has responded to pressure exerted by animal rights organizations, there is little indication of true collaborative efforts that would harness the power of the market to bring about substantive changes in the way the consuming public views the issue of animal welfare and food production. (shrink)

ABSTRACTIn April of 2000, Diana Levine went to a clinic in Vermont suffering from a migraine headache. She was given the drug Demerol for the migraine symptoms and Phenergan for nausea. Complications with the administration of Phenergan ultimately resulted in Ms. Levine contracting gangrene, necessitating the amputation of her right arm. Ms. Levine sued the drug maker, Wyeth Pharmaceutical, in state court and prevailed. The lower court's decision was appealed by Wyeth to the state supreme court where the ruling was (...) confirmed. Wyeth next appealed to the U.S. Supreme Court which, to the surprise of many observers, affirmed the judgment of the state supreme court. At issue was the fundamental question of the ability of consumers to obtain redress against negligent manufacturers in state courts. Wyeth's arguments to the Court were based upon preemption: Foodand Drug Administration approval of a drug preempts the ability of injured consumers like Ms. Levine to recover in state courts despite years of precedent to the contrary. Ability to recover damages in state courts represents, perhaps, the most important safety net available to consumers injured by defective products. A ruling by the Supreme Court that FDA‐approved labeling of pharmaceuticals preempts the reach of the state courts would have severely compromised the balance of power between consumers and producers. (shrink)