The False Claims Act, 31 U.S.C. § 3729, a post-Civil War law inspired by cases of defense contracting fraud, was revitalized in 1986. Since then it has been used to sue both manufacturers and providers of pharmaceuticals. In some cases, these suits were meant to target offlabel marketing of pharmaceuticals. In 2009, the 11th Circuit rendered a decision in Hopper v. Solvay Pharmaceuticals that dramatically limits the ability of private plaintiff whistle-blowers to bring qui tam suits under the FCA for (...) such marketing. In June 2010, the Supreme Court denied certiorari, making the Circuit court decision final. The Solvay decision creates a significant barrier to certain kinds of qui tam suits, requiring the plaintiff to demonstrate the intent to market off-label, including by showing specific prescriptions that were written as a result of efforts to do so. (shrink)

Volume 20, Issue 9, September 2020, Page 39-41.

A critique of what the author considers to be seriously flawed forms of cros cultural and comparative ethics forming the bulk of Wang's (1975) article on the ethics of Padmasambhava. The difficulties encountered are interpreted by Smu as both endemic to and programmatic for the work of comparative religion ethics.

Simone de Beauvoir offers one of the most interesting philosophical accounts of childhood, and, as numerous scholars have argued, it is one of the most important contributions that she made to existentialism. Beauvoir stressed the importance of childhood on one's ability to assume one's freedom. This radically changed how freedom was construed for existentialism. Rather than positing an adult subjectivity that tries to flee freedom through bad faith, Beauvoir's account forces a recognition of a situated freedom that itself is also (...) developmentally achieved. In this article, I explore the influence of Jean-Jacques Rousseau on Beauvoir's discussion of childhood. By reading Beauvoir through Rousseau — who was one of her favorite authors — we see not just one but two accounts of childhood in Beauvoir's philosophical work. On the one hand is the idealistic childhood wherein the child is an apprentice to freedom. On the other is the constrained childhood whose product is apprenticed to the serious. I begin with a brief summary of Rousseau's Emile. Next, I offer some justification for reading Beauvoir alongside Rousseau before offering an account of Beauvoir's discussion of childhood. I end by exploring some of the implications of my reading for freedom. (shrink)

This self-contained introduction to natural language semantics addresses the majortheoretical questions in the field. The authors introduce the systematic study of linguistic meaningthrough a sequence of formal tools and their linguistic applications. Starting with propositionalconnectives and truth conditions, the book moves to quantification and binding, intensionality andtense, and so on. To set their approach in a broader perspective, the authors also explore theinteraction of meaning with context and use (the semantics-pragmatics interface) and address some ofthe foundational questions, especially in connection (...) with cognition in general. They also introducea few of the most accessible and interesting ideas from recent research to give the reader a bit ofthe flavor of current work in semantics. The organization of this new edition is modular; after theintroductory chapters, the remaining material can be covered in flexible order. The book presupposesno background in formal logic (an appendix introduces the basic notions of set theory) and only aminimal acquaintance with linguistics. This edition includes a substantial amount of completely newmaterial and has been not only updated but redesigned throughout to enhance itsuser-friendliness. (shrink)

Recent ideological positioning on the world stage has born a startling resemblance to a form of positioning within nursing theory – that of taking complex ideas, reducing them to a simplistic binary form, and uncritically adopting one half of that form. In some cases, this adoption of a binary position has led to a passionately held form of ‘othering’ that prohibits a healthy and critical engagement with ideas. As alluring as settling for the binary form may be – we argue (...) for holding binaries in tension as a catalyst for stimulating dialogue – reasoning and exploration of new ways of wrestling with the social and moral complexity of nursing. (shrink)

What is the point of language? If we begin with that abstract question, we may be tempted towards a high-minded answer: “People say things to get other people to come to know things that they didn't know before” (Stalnaker, 2002, 703). The point is truth, knowledge, communication. If we begin with a concrete question, “What has language to do with race?” we find a different point: to attack, spread hatred, create racial hierarchy. The mere practice of racial categorization is controversial: (...) are race terms natural or social kind terms? What does categorization do to the categorized? (Outlaw, 1990; Omi and Winant, 1994; Appiah, 1996; Andreason, 1998; Kitcher, 1999; Zack, 2002; Haslanger, 2008; Glasgow, 2009). But there is worse than mere categorization to contend with. (shrink)

Contemporary reasoning about health is infused with the work products of experts, and expert reasoning about health itself is an active site for invention and design. Building on Toulmin’s largely undeveloped ideas on field-dependence, we argue that expert fields can develop new inference rules that, together with the backing they require, become accepted ways of drawing and defending conclusions. The new inference rules themselves function as warrants, and we introduce the term “warranting device” to refer to an assembly of the (...) rule plus whatever material, procedural, and institutional resources are required to assure its dependability. We present a case study on the Cochrane Review, a new method for synthesizing evidence across large numbers of scientific studies. After reviewing the evolution and current structure of the device, we discuss the distinctive kinds of critical questions that may be raised around Cochrane Reviews, both within the expert field and beyond. Although Toulmin’s theory of field-dependence is often criticized for its relativism, we find that, as a matter of practical fact, field-specific warrants do not enjoy immunity from external critique. On the contrary, they can be opened to evaluation and critique from any interested perspective. (shrink)

History and current affairs show that words matter - and change - because they are woven into our social and political lives. Words are weapons wielded by the powerful; they are also powerful tools for social resistance and for reimagining and reconfiguring social relations. Illustrated with topical examples, from racial slurs and sexual insults to preferred gender pronouns, from ethnic/racial group labels to presidential tweets, this book examines the social contexts which imbue words with potency. Exploring the role of language (...) in three broad categories - establishing social identities, navigating social landscapes, and debating social and linguistic change - Sally McConnell-Ginet invites readers to examine critically their own ideas about language and its complicated connections to social conflict and transformation. Concrete and timely examples vividly illustrate the feedback loop between words and the world, shedding light on how and why words can matter. (shrink)

Mentorship and collaboration necessarily shaped opportunities for women in science, especially in the late nineteenth century at rapidly expanding public co-educational universities. A few male faculty made space for women to establish their own research programs and professional identities. At the University of Minnesota, botanist Conway MacMillan, an ambitious young department chair, provided a qualified mentorship to Josephine Tilden. He encouraged her research on algae and relied on her to do departmental support tasks even as he persuaded the administration to (...) move her from instructor to assistant professor in 1903. Resulting publications on Minnesota algae led her to look further west, first at Yellowstone National Park and then along the Pacific Northwest coast. After visiting a particularly productive littoral site on Vancouver Island, she suggested that they establish a Minnesota Seaside Station there. Over its seven years in operation under the Midwestern leaders, that location proved remarkably productive. At the remote site, the two operated within their typical but not inevitable gendered roles and deliberately defined their seaside station as unconventional. They expected participants to study productively and, at the same time, find imaginative ways to enjoy nature at a place far from urban amenities. Gendered expectations remained casual as participants moved both within and against them. This study investigates how, in the early twentieth century, the role and expectations of mentorship shifted as Tilden established her own independent research agenda. The Minnesota Seaside Station, in particular, proved significant in developing the leadership skills essential for her to pursue research in the Pacific region at a time when American expansionism and indigenous cooperation made sites accessible to academic researchers. (shrink)

“Black box argument” is a metaphor for modular components of argumentative discussion that are, within a particular discussion, not open to expansion. In public policy debate such as the controversy over abstinence-only sex education, scientific conclusions enter the discourse as black boxes consisting of a result returned from an external and largely impenetrable process. In one way of looking at black box arguments, there is nothing fundamentally new for the argumentation theorist: A black box argument is very like any other (...) appeal to authority, and what might be said about any particular form of black box will turn out to be a particularized version of what might be said about evaluating arguments based on authority. But in another way of looking at black box arguments, they are a constantly evolving technology for coming to conclusions and making these conclusions broadly acceptable. Black boxes are to argumentation what material inventions are to engineering and related sciences. They are anchored in and constrained by fundamental natural processes, but they are also new things that require theoretical explication and practical assessment. (shrink)

In this debate-format book, four philosophers--Joshua Glasgow, Sally Haslanger, Chike Jeffers, and Quayshawn Spencer--articulate contrasting views on race. Each author presents a distinct viewpoint on what race is, and then replies to the others, offering theories that are clear and accessible to undergraduates, lay readers, and non-specialists, as well as other philosophers of race.

ABSTRACT Scientists played a key role in the first systematic introduction of nature study into North American public schools in the late nineteenth century. The initiatives of Wilbur Jackman and John Merle Coulter, affiliated with the young University of Chicago, and Liberty Hyde Bailey and Anna Botsford Comstock, at Cornell University, coincided with the “new education” reform movement that found object lessons and experience‐based education superior to textbook teaching. Educational psychologists and philosophers of the 1890s, including G. Stanley Hall, related (...) curriculum methods to perceived developmental stages in children, with a focus on immediate experience. Putting these pedagogical ideas—gained in summer institutes, normal schools, and programs at Chicago and Cornell—into practice were administrators and classroom teachers in both urban and rural classrooms. By 1900, a consensus about the value of nature study among scientists, community leaders, and teachers established it as the recognized general method of studying the natural world in public schools across much of the United States. (shrink)

Résumé: O design cultural integra o conteúdo cultural no processo de design. É um meio importante para perceber a inovação da cultura tradicional na herança. O comportamento do design cultural é sutilmente influenciado pela filosofia cultural. Especificamente, a análise do ambiente cultural, a associação semântica cultural e a extração de imagens culturais, na perspectiva da filosofia cultural, ajudam a perceber a explicitação do conhecimento implícito no processo de codificação e decodificação de genes culturais. Selecionamos Ningbo como uma amostra, aprofundamos os (...) genes culturais regionais, exploramos o modelo de geração de design cultural e ainda propusemos a estrutura para a construção de um sistema de serviços de conhecimento de design cultural para fornecer orientação metodológica, para a prática de design cultural regional, a fim de construir capacidades de design cultural sustentável. (shrink)

This article examines some of the conceptual history of collective political action within feminist movements beginning with sisterhood and moving to feminist political solidarity. I argue that feminist political solidarity is built on a commitment by individuals to form a unity in opposition to injustice or oppression. Three moral relations emerge from this understanding of feminist political solidarity: the relation to the cause, the relation among members of the solidary group, and the relation between the solidary group and the larger (...) society. These relations evoke certain obligations and responsibilities which I present and defend. Feminist political solidarity is informed by the particularities of the cause and thus any theoretical account of the moral obligations is necessarily limited, but by looking at these three relations together with a sociological account of transnational feminist political solidarity drawn from Clare Weber’s sociological description of the Women’s Empowerment Project, a clearer picture of some of the moral requirements of a commitment to feminist political solidarity emerges. -/- . (shrink)

Recent decades have witnessed rape and sexual violence used on such a massive scale and often in a widespread and systematic program that the international community has had to recognize that rape and sexual violence are not just war crimes but might be crimes against humanity or even genocide. I suggest that just war theory, while limited in its applicability to mass rape, might nevertheless offer some framework for making the determination of when sexual violence and rape constitute war crimes, (...) crimes against humanity, or genocide. In addition, just war theory can provide the normative justification individual soldiers need to resist orders and actions that demonstrate egregious moral breakdown as found in instances of mass rape and systematic use of sexual violence, and just war criteria demonstrate that the use of rape and sexual violence in war time can never be legitimated, especially in the case of prisoner interrogation. (shrink)

Late nineteenth‐century public museums in the United States were intentionally built to be modern, guided by administrators like George Brown Goode toward scientific goals that included preservation, research, and education. Self‐consciously preoccupied with the management of museums, intent on attaining mastery over the objects that constituted their museums, and persuaded that meaning derived not just from the objects themselves but from their explanation and configuration by experts, museum masters led a “new museum” movement. A century later, the critiques of postmodern (...) scholars attest to the museum directors’ effective establishment of a modern profile. Historians of science, who once could take these institutions for granted as a lightly marked center of authority, now may use methods of social and cultural studies to open their institutional and intellectual frames. While cautious about theory‐driven arguments, such scholars benefit from the issues raised by cultural critics even as they rely on their own documentary methods to ensure that science is an integral component when examining ideas, language, and practice in context. (shrink)

Designing a successful graduate seminar should account for more than just the content to be conveyed and the completion of the standard seminar paper. This article dissects the seminar structure, revealing some of what is obscured by the “hidden curriculum” of graduate education, with an eye toward transforming the climate in philosophy. I begin with a brief review of literature on graduate teaching and inclusive teaching in philosophy. I then examine four components of a typical graduate seminar: the faculty instructor (...) of graduate courses, the graduate students themselves, the material selection, and the course requirements. Reflecting on the graduate seminar compels revisiting learning goals, ensuring inclusivity and accessibility, and adopting a more intentional approach to graduate course design that ties course goals to specific activities and assessments for the life of the professional philosopher. (shrink)

In “Artificial Intelligence, Social Media and Depression,” Laacke and colleagues consider the ethical implications of artificial intelligence depression detector tools to assist pract...

In this article I define civil disobedience and classify it into four forms based on motive and extent of dissent. I then present Thomas Aquinas's account for justified civil disobedience. After first determining how a law or system of laws is unjust, the duty (virtue) of obedience to just and unjust laws is discussed. Finally, I argue that of the four possible forms of civil disobedience, Aquinas's natural Law Theory only clearly allows the fourth, i.e., altruistic disobedience of an unjust (...) system of rule, while at times also apparently allowing the third, i.e., altruistic disobedience of an unjust law. (shrink)

In this paper, I argue that Simone de Beauvoir’s discussion of festivals appropriates Jean-Jacques Rousseau’s own account of the festival and its place in understanding freedom. I begin with a brief summary of Rousseau’s conflicting accounts of the festival from his Discourse on the Origin of Inequality Among Mankind and the Letter to M. D’Alembert. The contrast of these two texts reveals Rousseau’s conception of freedom as circumscribed by the community. Although Rousseau has an idealized virtuous community in mind, the (...) central insight regarding a community’s involvement in the development of freedom is nevertheless echoed in Beauvoir’s description of the festival in the Ethics of Ambiguity. I explore some of the implications of reading Beauvoir’s account of freedom and the festival as influenced by Rousseau and suggest how doing so impacts our understanding of Beauvoirian politics. (shrink)

Women educators played an essential role in transforming public museums that had been focused on collections and research into effective educational and informational sites that engaged broad publics. Three significant innovators were Delia Griffin of St. Johnsbury Museum in Vermont who emphasized hands-on learning, Anna Billings Gallup who shaped a distinctive model museum for children in Brooklyn and Laura Bragg of the Charleston Museum who established strong collaboration with the local public schools. Joining museum curatorial staffs and professional associations that (...) were largely male, these women educators and their peers typically provided pedagogical insights and teaching skills that enabled them to work effectively with school systems, teachers, pupils and parents. Genuinely interested in natural science, they shaped careers which included opportunities to engage with science, provided a considerable degree of autonomy and enabled them to experiment with hands-on learning. They built networks of museum educators and influenced the young American Association of Museums. Women museum educators created a bridge between semi-public natural history establishments for collection, preservation and scientific research and an active audience of teachers, pupils, visitors and patrons. Their efforts transformed museums into sites for education and broad public access to science in the early 20th century. (shrink)