We implemented a user-centered approach to the design of an artificial intelligence (AI) system that provides users with access to information about the workings of the United States federal court system regardless of their technical background. Presently, most of the records associated with the federal judiciary are provided through a federal system that does not support exploration aimed at discovering systematic patterns about court activities. In addition, many users lack the data analytical skills necessary to conduct their own analyses and (...) convert data into information. We conducted interviews, observations, and surveys to uncover the needs of our users and discuss the development of an intuitive platform informed from these needs that makes it possible for legal scholars, lawyers, and journalists to discover answers to more advanced questions about the federal court system. We report on results from usability testing and discuss design implications for AI and law practitioners and researchers. (shrink)

This study explored attention and interpretation biases in processing facial expressions as correlates of theoretically distinct self-reported anger experience, expression, and control. Non-selected undergraduate students completed cognitive tasks measuring attention bias, interpretation bias, and Spielberger’s State-Trait Anger Expression Inventory. Attention bias toward angry faces was associated with higher trait anger and anger expression and with lower anger control-in and anger control-out. The propensity to quickly interpret ambiguous faces as angry was associated with greater anger expression and its subcomponent of anger (...) expression-out and with lower anger control-out. Interactions between attention and interpretation biases did not contribute to the prediction of any anger component suggesting that attention and interpretation biases may function as distinct mechanisms. Theoretical and possible clinical implications are discussed. (shrink)

La conscience africaine se voit trop souvent caractérisée par son immédiateté et son innocence. Un chef d'État français n'a-t-il d'ailleurs pas récemment déclaré aux élites intellectuelles africaines, à l'université de Dakar, que leur continent n'était pas assez entré dans l'Histoire? Au-delà de ces clichés, comment penser l'Afrique noire dans un monde où l'Occident a prétendu pendant plus de cinq siècles dominer tant les échanges commerciaux que les échanges d'idées? Dans une démarche à la fois anthropologique, historique et philosophique, Alfred (...) class='Hi'>Adler répond à cette question en s'intéressant à l'oeuvre d'Hegel. Ce penseur a, en effet, été convoqué par de nombreux philosophes africains tant pour utiliser sa dialectique libératrice que pour réfuter son discours professoral sur l'Afrique qui pâtissait de ses préjugés. Revenir vers le texte hégélien afin d'en extraire la substance intellectuelle toujours vivante et stimulante en la confrontant à l'histoire de l'Afrique, en particulier les empires de Ghana et Songhay : tel est l'objet de cet ouvrage. En se confrontant à l'"essence" de l'homme africain selon Hegel et à l'idée qu'en Afrique, il n'y a pas de place pour l'éclosion des idées, Alfred Adler nous invite à théoriser une histoire et une conscience propres à ce continent. À l'Afrique, dès lors, de s'inventer un destin. (shrink)

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

bd. 1. 1831-1837, 27. Januar.--bd. 2. 1837, 27. Januar-1840, 2. Juni.--bd. 3. 1840, 2. Juni-1842, 20. November.--bd. 4. 1842, 20. November--1844 Marts.--bd. 5. 1844 Marts-December--bd. 6. 1844 December-1845 December.--bd. 7., afd. 1. 1845 December-1847, 24. Januar, med Undtagelse af "Bogen om Adler" og "Skrift-Prøver." afd. 2. 1845 December-1847 24. Januar, "Bogen om Adler" "Skrift-Prøver."--bd. 8., afd. 1. 1847 24. Januar-1848 15. Maj, Gruppe A. afd. 2. 1847 24. Januar-1845 15. Maj, Gruppe B og C.--bd. 9. 1848 15. Maj-1849 (...) 2. Januar.--bd. 10., afd. 1. 1849 2. Januar-7. September, Gurppe A, Journaloptegnelser. afd. 2. 1849 7. September-1850 18. April, Gruppe A, Journaloptegnelser afd. 3. Gruppe A, Journaloptegnelser fra 1850 18.April til 1851 22. Januar. afd. 4. Gruppe A, Journaloptegnelser fra 1851 dd. Januar til 1852 30. August. afd. 5. Gruppe A, Journaloptegnelser fra 1852 30. August til 1853 2. November Optegnelser fra Gruppe A og B 1849-1853. afd. 6. Optegnelser af Gruppe B og C 1849-1853.--bd. 11., afd. 1. Gruppe A, Journaloptegnelser 1854 fra 1. Marts til Oktober. afd. 2. Gruppe A, Journaloptegnelser 1854 Oktober til 1855 Januar. Løse papirer 1853 til 1855 25. September. afd. 3. Optegnelser af gruppe B 1854-1855.--bd. 12. Optegnelser (gruppe C) fra 1831 til 1838-39.--bd. 13. Optegnelser (gruppe C) fra 1831 til 1838-39 samt tilføfjelser og rettelser til alle foregaænde bind.--bd. 14. Index A-F.--bd. 15. Index G-Q.-- bd. 16. Index R-Ø og Bibelindex. (shrink)

This chapter argues that the Great Ideas are integral to Mortimer J. Adler’s Great Books Movement in much the same way that the Four Noble Truths and the Noble Eightfold Path are integral to Buddhism. Both use ‘Great’ and ‘Noble’ to point toward human excellence. For Adler, the Great Ideas are the metaphysical and moral concepts out of which Western civilization developed. They are the main topics in an ongoing great conversation that shapes Western culture. Precisely because these (...) Great Ideas are great, insofar as they point toward human excellence (virtue), they ought not be considered the exclusive property of the West. Instead, as Adler recognized, they should be utilized in the analysis of other cultural traditions. This chapter uses two of Adler’s Great Ideas, freedom and religion, to analyze Buddhism as it is encountered in the early Indian Buddhist texts. It asserts all human philosophy and culture, including that of Buddhism, is ultimately based in religion, thereby making religion the greatest of Adler’s and the Buddha’s Great philosophical and cultural ideas. (shrink)

Hicks’s impressive grasp of the history of philosophy over the past few centuries enables him to explain postmodernism by identifying its signposts. He lets sensitive analysis of the memorable episodes of post-modernism speak to the essential issues that drive it. His treatment of the importance of Kant’s skepticism in getting the postmodernist engine going down the track is especially instructive. However, Hicks understates, or perhaps does not see, that the origins of postmodernist skepticism are already in what he calls “modernism.” (...) Postmodernists and historians of postmodernism often overlook this because they want to play on the device that modernism really is different in kind from post-modernism. And certainly the latter differs in its radicalization of modernist assumptions. But modernist assumptions nonetheless—whether one calls them “Enlightened” or not—are the remote reasons for post-modernism. Mortimer Adler made this point some years ago in his book, Ten Philosophical Mistakes, in which he argued that the seeds of radical irrationalism, epistemological relativism, and antihumanist nihilism were planted when Hobbes, Descartes, Locke, Berkeley, and Hume disconnected the intellect from real, extramental things and made ideas, states of intramental consciousness, the objects of knowledge. If anti-realism is implicit in modernism, then postmodernism is a working out of modernist assumptions, not a philosophical movement different in kind from modernist philosophies. Postmodernism unmasks modernism, making explicit and radical what is implicit and undeveloped. (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.

This paper suggests that the imbrication of user-friendly software and the posthuman has increasingly been revealed as an intrinsically arborescent relationship, one premised upon the striation of personal information through different forms of software media and allowing for unprecedented avenues of control and subjective manipulation. My analysis begins with a conceptualisation of user-friendliness, tracing its development as the majoritarian style of software design. In assessing the effects of this process of subjective imbrication with arborescent software technology, it is suggested that (...) one effect of the pathological asignification of instrumentality in the representation of software is the genesis of a topological space which allows for a capacity for control over the subjective becoming of others through control over digitally mediated perception. To illustrate this point, the revelations concerning Cambridge Analytica's use of targeted advertisements on Facebook to affect voting preferences during the 2016 American presidential election are examined as an example of the quotidian domination which is characteristic of the subjective condition of arbormosis. This analysis can be applied to issues of gender, technology, and modes of subjective control. (shrink)

There is growing interest in the use of neurointerventions to reduce the risk that criminal offenders will reoffend. Commentators have raised several ethical concerns regarding this practice. One prominent concern is that, when imposed without the offender’s valid consent, neurointerventions might infringe offenders’ right to bodily integrity. While it is commonly held that we possess a moral right to bodily integrity, the extent to which this right would protect against such neurointerventions is as-yet unclear. In this paper, we will assess (...) whether, why, and how severely three forms of neurointervention might infringe the right to bodily integrity. We show that the severity of the infringement of the right to bodily integrity differs across different forms of neurointervention. Moreover, we argue that mental and behavioral effects of neurointerventions could in some cases be relevant to determining the severity of infringements of the right to bodily integrity. (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)

“Doing Gender,” Candance West and Don Zimmerman’s famous 1987 article, has become a folk concept—a trope or commonsense resource within the sociology of gender. Yet at the same time, most gender scholars overlook its ethnomethodological premise, visible in both poststructuralist misunderstandings of its argument outside the discipline of sociology and what I term a realist misunderstanding of it in the study of structures and identities within the discipline. Reading West and Zimmerman queerly while clarifying ethnomethodology’s ontology, I refocus attention for (...) critical scholarship on ethnomethodology’s analytic sensibilities for research on gender, race, and sexuality, among other embodiments. Specifically, ethnomethodology reframes a vision of actors as relational, practical actors; repositions gender as accountable, jointly produced social relations, not individual identity; and foregrounds resistance in addition to conformity. Hence, my gender is not mine; it is ours. Ethnomethodology’s ontological shift in temporality to reality-in-production enables interpretive-materialism: a queer, anti-racist, intersectional sociology that is future-facing and in motion. (shrink)

The negative emotions generated following stressful life events can increase one’s risk of depressive symptoms and promote higher levels of perceived stress. The process model of emotion regulation can help distinguish between adaptive and maladaptive emotion regulation strategies to determine who may be at the greatest risk of worse psychological health across the lifespan. Heart rate variability may affect these relationships as it indexes aspects of self-regulation, including emotion and behavioral regulation, that enable an individual to dynamically adapt to the (...) changing demands of both internal and external environments. In this study, we expected individual differences in resting vagally mediated HRV to moderate the influence of emotion regulatory strategies among our sample of 267 adults. We found support for the hypothesis that higher vagally mediated HRV buffers against the typical adverse effects of expressive suppression when evaluating depressive symptoms and found weak support when considering perceived stress. There was no evidence for an interaction between cognitive reappraisal and vagally mediated HRV but there was a significant, negative association between cognitive reappraisal and depressive symptoms and perceived stress. Future work may determine if intervening on either emotion regulation strategies or HRV may change these within-persons over time. (shrink)

The sudden emergence of the COVID-19 pandemic brought global disruption to every aspect of society including healthcare, supply chain, the economy, and social interaction. Among the many emergent considerations were the safety and public health of the public, patients, essential workers, and healthcare professionals. In certain locations, clinical research was halted—or terminated—in deference to the immediate needs of patient care, and clinical trials focusing on the treatment and prevention of coronavirus infection were prioritized over studies focusing on other diseases. Difficult (...) decisions were made rapidly; flexibility and reconsideration were necessary not only because the intensity and severity of infection varied over time and by locale but also because knowledge of the disease and understanding of its treatment grew. Here we discuss the ethical challenges in decision-making and competing ethical tensions during the pandemic in an effort to advance future preparedness. (shrink)

Sustained attention, a key cognitive skill that improves during childhood and adolescence, tends to be worse in some emotional and behavioural disorders. Sustained attention is typically studied in non-affective task contexts; here, we used a novel task to index performance in affective versus neutral contexts across adolescence (N = 465; ages 11–18). We asked whether: (i) performance would be worse in negative versus neutral task contexts; (ii) performance would improve with age; (iii) affective interference would be greater in younger adolescents; (...) (iv) adolescents at risk for depression and higher in anxiety would show overall worse performance; and (v) would show differential performance in negative contexts. Results indicated that participants performed more poorly in negative contexts and showed age-related performance improvements. Those at risk of depression performed more poorly than those at lower risk. However, there was no difference between groups as a result of affective context. For anxiety there was no difference in performance as a function of severity. However, those with higher anxiety showed less variance in their reaction times to negative stimuli than those with lower anxiety. One interpretation is that moderate levels of emotional arousal associated with anxiety make individuals less susceptible to the distracting effects of negative stimuli. (shrink)

A collection of essays written by arts and humanities scholars across disciplines, this book argues that higher education has been compromised by its uncritical acceptance of our culture's standards of productivity, busyness, and speed. Inspired by the Slow Movement, contributors explain how and why university culture has come to value productivity over contemplation and rapidity over slowness. Chapter authors argue that the arts and humanities offer a cogent critique of fast culture in higher education, and reframe the discussion of the (...) value of their fields by emphasizing the dialectic between speed and slowness. (shrink)

© 2015 NATCO, The Organization for Transplant Professionals.Despite the known benefits of kidney transplant, less than 30% of the 615 000 patients living with end-stage renal disease in the United States have received a transplant. More than 100 000 people are presently on the transplant waiting list. Although the shortage of kidneys for transplant remains a critical factor in explaining lower transplant rates, another important and modifiable factor is patients' lack of comprehensive education about transplant. The purpose of this article (...) is to provide an overview of known best practices from the broader literature that can be used as an evidence base to design improved education for ESRD patients pursuing a kidney transplant. Best practices in chronic disease education generally reveal that education that is individually tailored, understandable for patients with low health literacy, and culturally competent is most beneficial. Effective education helps patients navigate the complex health care process successfully. Recommendations for how to incorporate these best practices into transplant education design are described. Providing more ESRD patients with transplant education that encompasses these best practices may improve their ability to make informed health care decisions and increase the numbers of patients interested in pursuing transplant. (shrink)

This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...) it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)