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

Without proper recognition of the dual pandemics of COVID-19 and racism that Asian Americans and other racial minorities in the United States are facing, we cannot successfully address structural b...

It is commonly thought that moral rules and principles, such as ‘Keep your promises,’ ‘Respect autonomy,’ and ‘Distribute goods according to need ,’ should play an essential role in our moral deliberation. Particularists have challenged this view by arguing that principled guidance leads us to engage in worse decision making because principled guidance is too rigid and it leads individuals to neglect or distort relevant details. However, when we examine empirical literature on the use of rules and principles in other (...) domains, we find that people can learn to use rules discriminately and that rule-based models tend to outperform even expert judgment. I argue that this evidence poses a problem for the moral particularist. If the particularist claims that we should not rely on decision-making rules when making practical decisions and it turns out that these rules help us make better decisions, then the particularists’ prescriptive account is deficient. However, if the particularist claims that we should rely on practical decision-making rules but not on moral rules, she needs to explain how practical rules are different from moral rules and why we should rely on the former but not the latter. (shrink)

Recent, well-publicized scandals, involving unethical conduct have rekindled interest in academic misconduct. Prior studies of academic misconduct have focussed exclusively on situational factors (e.g., integrity culture, honor codes), demographic variables or personality constructs. We contend that it is important to also examine how␣these classes of variables interact to influence perceptions of and intentions relating to academic misconduct. In a sample of 217 business students, we examined how integrity culture interacts with Prudence and Adjustment to explain variance in estimated frequency of (...) cheating, suspicions of cheating, considering cheating and reporting cheating. Age, integrity culture, and personality variables were significantly related to different criteria. Overall, personality variables explained the most unique variance in academic misconduct, and Adjustment interacted with integrity culture, such that integrity culture had more influence on intentions to cheat for less well-adjusted individuals. Implications for practice are discussed and future research directions are offered. (shrink)

This chapter recalls not only what Arendt says about judgment, but also of how she herself goes about judgment by revisiting her judgment of Adolf Eichmann and his trial. By calling attention to the theatrical quality of the Israeli House of Justice and the trial staged there, Arendt subtly underlines a claim she makes at the beginning of Eichmann in Jerusalem, a claim that is not often considered by critics but one that introduces an argument for which Arendt's account of (...) the trial continues to receive much criticism. The claim is that a trial resembles a play. The argument is that the trial in Jerusalem was a failure. (shrink)

Businesses often attempt to demonstrate their commitment to diversity, equity, and inclusion (DEI) by showcasing women in their leadership ranks, most of whom are white. Yet research has shown that organizations confer status and power to women who engage in sexist behavior, which undermines DEI efforts. We sought to examine whether women who engage in racist behavior are also conferred relative status at work. Drawing on theory and research on organizational culture and intersectionality, we predicted that a white woman who (...) expresses anti-Black racism is conferred more status in the workplace than a white woman who does not. A pilot study (N = 30) confirmed that making an anti-Black racist comment at work was judged to be more offensive than making no comment, but only for a white man, not a white woman. Study 1 (N = 330) found that a white woman who made an anti-Black racist comment at work was conferred higher status than a white woman who did not, whereas the opposite held true for a white man, with perceived offensiveness mediating these effects. Study 2 (N = 235) revealed that a white woman who made an anti-racist/pro-Black Lives Matter comment was conferred lower status than a white woman who did not, whereas the opposite held true for a white man. Finally, Study 3 (N = 295) showed that people who endorse racist and sexist beliefs confer more status to a white man than to a white woman regardless of speech, but that people low in racism and sexism confer the highest status to a white woman who engages in anti-Black racist speech. These studies suggest that white women are rewarded for expressing support for beliefs that mirror systemic inequality in the corporate world. We discuss implications for business ethics and directions for future research. (shrink)

Why do we find agents less blameworthy when they face mitigating circumstances, and what does this show about philosophical theories of moral responsibility? We present novel evidence that the tendency to mitigate the blameworthiness of agents is driven both by the perception that they are less normatively competent—in particular, less able to know that what they are doing is wrong—and by the perception that their behavior is less attributable to their deep selves. Consequently, we argue that philosophers cannot rely on (...) the case strategy to support the Normative Competence theory of moral responsibility over the Deep Self theory. However, we also outline ways in which further empirical and philosophical work would shift the debate, by showing that there is a significant departure between ordinary concepts and corresponding philosophical concepts, or by focusing on a different type of coherence with ordinary judgments. (shrink)

This article considers how race and gender shape latina and Latino paths to school success in college. A purposive sample of successful high school and college students was selected. Through interviews, fieldwork, and school records, the researchers find that Latinas navigate successfully through negative stereotypes by maintaining positive definitions of themselves and by emphasizing their group membership as Latina. Young Latino men also see themselves as part of a larger cultural group but tend to have less positive racial and ethnic (...) identities than women do. Typically, they are supported by mentors, such as white athletic coaches, and tend to draw from the meritocratic ethos of sports, regarding their success in individualistic terms. While successful Latinas do not assimilate in the ways predicted by the literature, the young men in this study accept the individualistic and meritocratic ethos of the dominant culture, but with a psychological price. (shrink)

This special issue of Science, Technology, & Human Values contains articles concerned with ethics in and around scientific practice. These articles ask how organizational routines both produce and diffuse concerns about the risks and benefits of scientific research and products, and why context remains elusive in formal ethical analysis. These cases are from diverse settings, with several touching on issues of economic inequality and participation in scientific research. Each article describes in some way how cultural and institutional configurations shape ethical (...) thinking and the distribution of goods and harms in science. (shrink)

This paper argues that judges assessing the scientific validity and the legal admissibility of forensic science techniques ought to privilege testing over explanation. Their evaluation of reliability should be more concerned with whether the technique has been adequately validated by appropriate empirical testing than with whether the expert can offer an adequate description of the methods she uses, or satisfactorily explain her methodology or the theory from which her claims derive. This paper explores these issues within two specific contexts: latent (...) fingerprint examination and the use of breath tests for the detection of alcohol. Especially in the forensic science arena, I suggest courts have often been seduced by superficially plausible explanations and descriptions of a technique or method, and permitted these to serve as a substitute for empirical testing. Thinking through these two examples illustrates both why evaluating the extent of testing should be the most important method by which courts assess reliability, and why, when other forms of explanatory evidence are readily available, we may nonetheless elect to make use of them. This paper suggests that these descriptions and explanations may at times usefully supplement evidence of testing, but should not generally be substituted for it. Finally, this paper embraces a kind of evidentiary pragmatism, in which the quantum of evidence required to establish legal reliability is determined not in the abstract, but in relation to the evidence that is, or ought to be, available as a result of reasonable research and investigation. (shrink)

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

This article is an exploration of the differences between science and technology studies and the history of technology, taken as independent intellectual fields. The differences range from stylistic and professional, to matters of theory, narrative, and inference. These make true interdisciplinarity challenging, although scholars do bridge the disciplines. Both provide important resources for critical technological literacy by promoting historical thinking and by providing tools for exploring reflexivity by the social contextualization of scholarly activities and knowledge production in general.

Critical discourse analysis is a useful and productive qualitative methodology but has been underutilized within nursing research. In order to redress this deficiency the research presented in this article represents an exploration of the way in which critical discourse analysis may be applied to the analysis of public debates around policy for nursing practice. In this article the author discusses the history of the application of critical discourse analysis and provides an example of its application to the debate around the (...) use of nurse practitioners within the Australian healthcare system. (shrink)

I explore both the potential and the perils of Twitter as a space for constituting a Deweyan public aimed at transforming how "we" (here, I mean not only citizens of the United States but global citizens) affectively receive and thereby respond to and resist sexual violation. In the course of this brief exploration, I operate with a pragmatic notion of "truth," namely, as democratically formulating a hypothesis concerning the nature of a social problem that enables fruitful amelioration of the problem. (...) I specifically focus on the viral #WhyIDidntReport Twitter campaign provoked by Brett Kavanaugh's Supreme Court hearing. (shrink)

Cesario's critiques and suggestions for redesigning social psychology experiments echo Dahl's call for developmental researchers to use experimental and naturalistic methods in a complementary manner for understanding children's development. We provide examples of how naturalistic observations can rectify Cesario's missing flaws for developmental studies investigating children's social biases and help researchers derive theories they can then experimentally test.

In lieu of an abstract, here is a brief excerpt of the content:The Cycle of Violence and Feminist Constructions of Selfhood Jennifer L. Rike University ofDetroit Mercy Violence is the heart and secret soul ofthe sacred" (Girard 1977, 31). René Girard reaches this shocking conclusion by tracing the dynamics ofthe generation ofviolence in history, and the ingenious ways in which humanity has learned to funnel violence into ritual sacrifice to avoid apocalypse. His argument pivots upon his understanding ofhumanity as (...) inherently flawed, as fated to conflict in the struggle to survive. Ifthe sacred mechanism of ritual sacrifice is not deployed, violence takes on a power and personality all its own: "If left unappeased, violence will accumulate until it overflows its confines and floods the surrounding area. The role ofsacrifice is to stem this rising tide... and redirect violence into 'proper' channels" (10). Girard's theory about the violent origins ofthe sacred institutions of ritual sacrifice, law, and myth highlights perhaps the chief paradox of religion: it has been used to promote as much as to oppose violence. Today, as feminists explore how women in particular have been the objects ofsuch violence, they too have turned to Girard to understand this paradox, and yet most have ended up criticizing Girard for falsely universalizing typically Eurocentric and androcentric conceptions of humanity, violence, and religion (Shea, Kirk-Duggan, Nowak 24-6).' While they may be right on certain points, it is also possible that the rush offeminist scholars to charge 1 Nancy Jay has also criticized Girard for androcentrism, in particular because "he still grounds all community and culture on male control of male violence" (130). 22Jennifer L. Rike Girard with androcentrism reflects their own refusals to confront how the dark face of violence appears in women as well as in men. Rather than evaluating specific feminist criticisms ofGirard in this regard, I propose a more global approach—to delineate in greater detail how feminist constructions of selfhood need to be informed by Girard's theory of the violent origins ofthe sacred in order for feminism to achieve its own goals. In Girard's view, the ritual ofsacrifice and the law are generated out ofthe socio-psychological mechanisms ofacquisitive mimesis and scapegoating as the sacred's way of controlling violence. In ways he leaves largely implicit, these mechanisms reflect the devastating cyclical effects of violence upon its victims. Girard stops short of reflecting on the roles gender plays in the cyclical processes of violence, and yet, as my subsequent analyses shall demonstrate, there can be little doubt that women participate in these processes in ways both like and unlike men. Women have been scapegoated throughout history, but not all women end up as victims ofviolence and the rituals constructed to appease it. Nor do many women remain simply victims of the tides of violence: many repeat the cycle of victimization and themselves become perpetrators. Moreover, some escape the cycle ofviolence by a variety ofmeans whose patterns are well worth scrutinizing. My point is that women's modes of participation in the processes through which violence makes and remakes itself are far more complex than has been recognized, and merit our full attention. From the perspective of feminist constructions of selfhood, the question then becomes, how does gender affect one's experience of acquisitive mimesis and scapegoating, victimage and perpetration? To claim that only women are victims and only men—and the women they have co-opted—are perpetrators may be politically correct, but that claim ignores some hard but ultimately helpful truths about what women must do to bring about the changes necessary for revolutionizing our society by transforming its violent ways into peaceful ones. My plan, then, is to suggest how Girard might be used to advance the theory and praxis of feminism further by delving into the psychological mechanisms underlying acquisitive mimesis and scapegoating. I shall argue that using object relations theory to understand the ways in which violence splits the human psyche complements Girard's conception of acquisitive mimesis and scapegoating to disclose the complete dynamics ofthe cycle ofviolence. Such understanding is essential to feminist reconstructions of selfhood, because it makes the defeat of sexism and violence possible by exposing them at their roots. Feminist Constructions ofSelfhood23 My project has four steps... (shrink)

Abstract:In the immediate aftermath of the Haitian earthquake on January 12, 2010, the representative victim-survivor in multiple media sites appeared to the world in the face of the Haitian child-cum-orphan. This poignant image of loss and suffering lent urgency to a range of altruistic responses—or rather, paternalistic interventions—by white families in the U.S. I argue that in both narrative and practice, dominant constructions of normative (white) motherhood were exaggerated and made hypervisible, which propelled the actual lived experience of Haitian mothers (...) further into oblivion. In this article, I examine the discursive formations that produce Haitian women as “deviant black mothers” in transnational contexts. In similar ways, “the beggar mother” construct in the Dominican national media engenders powerful ideas about maternal neglect that link up with constructions of migrant illegality, criminality, and poverty. Drawing upon black and transnational feminist empirical analysis, I demonstrate how such discursive formations affectively circulate within transnational imaginaries and quotidian racial intimacies to effect forms of surveillance, objectification, and regulation of Haitian women and, by extension, their children who face an ever-greater risk of “statelessness.”. (shrink)

This paper offers a close reading of PAW Media animation My Name is Danny. Drawing across a growing body of recent Central and Western Desert experimental cinema, this paper asks what is at stake in the turn to animation. Rather than escapism or otherworldly fabrications which have little to do with lived experience of the “real,” animation in this context has potent everyday exigencies and politics. The capacity for bringing to life literally – animate – is here linked to the (...) primacy of a sentient landscape; an object world already alive and enlivened with motion, movement, sensation. The question for contemporary filmmaking is how to engage country and its viscera today. How to keep country/ancestor/story alive literally through sentient forms of affective exchange; a project which animation, as this paper will explore, uniquely provides. Drawing on the phenomenology of Merleau-Ponty and Deleuze, as well as the animation theory of Cholodenko, Lemarre and others, this paper argues for a radical reconsideration of animation not as incompatible with tradition but in fact as facilitating traditional ontologies of affect and sensation in a national context of remote Aboriginal Australia “under occupation.”. (shrink)

The menopause transition is associated with an increased risk of depressed mood. Preliminary evidence suggests that increased sensitivity to psychosocial stress, triggered by exaggerated perimenopausal estradiol fluctuation, may play a role. However, accurately quantifying estradiol fluctuation while minimizing participant burden has posed a methodological challenge in the field. The current pilot project aimed to test the feasibility of capturing perimenopausal estradiol fluctuation via 12 weekly measurements of estrone-3-glucuronide (E1G), a urinary metabolite of estradiol, using participant-collected urine samples in 15 euthymic (...) perimenopausal women ages 45-55 years. Furthermore, it aimed to correlate E1G fluctuation (standard deviation across the 12 E1G measurements) with weekly mood and cardiovascular, salivary cortisol, and subjective emotional responses to the Trier Social Stress Test (TSST) at weeks 4, 8 and 12. Protocol acceptability and adherence was high; furthermore, E1G fluctuation was positively associated with anhedonic depressive symptoms and weekly negative affect. E1G fluctuation was also associated with increased heart rate throughout the TSST as well as higher levels of rejection, anger, and sadness. E1G fluctuation was not significantly associated with TSST blood pressure or cortisol levels. This study suggests a feasible method of assessing estradiol fluctuation in the menopause transition and provides support for the hypothesis that perimenopausal estradiol fluctuation increases sensitivity to psychosocial stress and vulnerability to depressed mood. (shrink)

There is growing interest in the processes by which entrepreneurial opportunities are cocreated between entrepreneurs and their stakeholders. The longitudinal case study of de novo firm Wakefield Seafoods seeks to understand the underlying dynamics of phenomena that play out over time as stakeholders emerge and their contributions become essential to the opportunity formation process. The king crab data show that under conditions of uncertainty, characterized by incomplete or missing knowledge, entrepreneurial processes of experimentation, failure, and learning were effective in forming (...) and exploiting an opportunity. Moreover, contrary to existing literature that either emphasizes heroic entrepreneurs or downplays their value, this article shows that both the vision of the entrepreneur and the stakeholder contributions are critical. This detailed examination of process data shows that the cumulative actions made by entrepreneurs in concert with their stakeholders formed an opportunity that coalesced into a new market. (shrink)

The authors, one a trained geneticist and the other a trained ethicist, designed and team-taught a bioethics course where nineteen third- and fourth-year undergraduate students were enrolled at Aquinas College in Grand Rapids, Michigan, during the fall 2016 semester. The syllabus, including democratically-chosen ethical debate topics, peer-led student working groups, and varied assessment methods were novel aspects of the course. The students, being either philosophy or biology majors or minors, successfully completed the course and indicated being highly satisfied with the (...) course at its completion. Although there were limitations to a course such as this one, educators at similar small liberal arts institutions could offer a bioethics course by following our suggestions, including collaborative teaching and assessment and incorporating students’ preferences into the scheduled curriculum. (shrink)

Legal and ethical concerns have been raised since the inception of the commercial mug shot website industry in the United States. These issues include the violation of the presumption of innocence, privacy interests, humiliation, extortion, and sensationalizing crime. These websites lend comparison to Bedlam asylum, which allowed visitors to mock and humiliate the patients. The popularity of these websites renders it essential that the legality and ethics of these websites be reevaluated. The deontological and utilitarian perspectives offer converging assessments regarding (...) the need to regulate the industry and to modify the practices of law enforcement agencies and news organizations. (shrink)

Self-compassion is a mechanism of symptom improvement in post-traumatic stress disorder, however, the underlying neurobiological processes are not well understood. High levels of self-compassion are associated with reduced activation of the threat response system. Physiological threat responses to trauma reminders and increased arousal are key symptoms which are maintained by negative appraisals of the self and self-blame. Moreover, PTSD has been consistently associated with functional changes implicated in the brain’s saliency and the default mode networks. In this paper, we explore (...) how trauma exposed individuals respond to a validated self-compassion exercise. We distinguish three groups using the PTSD checklist; those with full PTSD, those without PTSD, and those with subsyndromal PTSD. Subsyndromal PTSD is a clinically relevant subgroup in which individuals meet the criteria for reexperiencing along with one of either avoidance or hyperarousal. We use electroencephalography alpha-asymmetry and EEG microstate analysis to characterize brain activity time series during the self-compassion exercise in the three groups. We contextualize our results with concurrently recorded autonomic measures of physiological arousal, parasympathetic activation and self-reported changes in state mood and self-perception. We find that in all three groups directing self-compassion toward oneself activates the negative self and elicits a threat response during the SC exercise and that individuals with subsyndromal PTSD who have high levels of hyperarousal have the highest threat response. We find impaired activation of the EEG microstate associated with the saliency, attention and self-referential processing brain networks, distinguishes the three PTSD groups. Our findings provide evidence for potential neural biomarkers for quantitatively differentiating PTSD subgroups. (shrink)

RÉSUMÉ : J’affirme que les normes sémantiques, y compris les normes mathématiques pour l’addition, sont réelles. Ces normes sont régies par des pratiques sociales d’attribuer aux autres et d’entreprendre soi-même la signification, et cet aspect sociale obscurci l’objectivité des normes. L’attribution par Kripke d’un paradoxe sceptique, quant à la possibilité de suivre une règle, relève d’une conception de la normativité selon laquelle les pratiques sociales sont insuffisantes pour autoriser les normes sémantiques. Or, une conception de la normativité qui prend comme (...) point de départ que les êtres humains font partie du monde, détrône cette idée fausse ainsi que le scepticisme sémantique qu’elle soutien. (shrink)

This paper is one of four interrelated action papers resulting from the 2008 National Summit on Legal Preparedness for Obesity Prevention and Control. Summit participants engaged in discussions on the current state of the law with respect to obesity, nutrition and food policy, physical activity, and physical education. Participants also identified gaps in the law at all jurisdictional levels and relevant to numerous sectors and disciplines that have a stake in obesity prevention and control.The companion paper, “Assessment of Laws and (...) Legal Authorities for Obesity Prevention and Control,”identified numerous laws and policies enacted to target the three domains of healthy lifestyles, healthy places, and healthy societies. That paper identified several gaps in the law that require attention and action. This paper addresses those gaps and presents applicable laws and legal authorities that public health professionals and lawyers can consider to implement to close the gaps. (shrink)

In response to the obesity epidemic, much discussion in the public health and child advocacy communities has centered on restricting food and beverage marketing practices directed at children. A common retort to appeals for government regulation is that such advertising and marketing constitutes protected commercial speech under the First Amendment. This perception has allowed the industry to function largely unregulated since the Federal Trade Commission 's foray into the topic, termed KidVid, was terminated by an act of Congress in 1981. (...) The FTC has since focused on self-regulation as a potential solution to such concerns. However, this method of control has proven ineffective to protect children, and has led to growing recognition that federal regulation may be necessary.Since KidVid, the evidence has only mounted that children are uniquely vulnerable to the effects of advertising. Over the same time period, the exposition of commercial speech jurisprudence has plateaued, as the Supreme Court has not decided a pure commercial speech case since 2002. (shrink)

Hannah Arendt's and Charlotte Delbo's writings about the Holocaust trouble our preconceptions about those who do evil and those who suffer evil. Their jarring terms “banal evil” and “useless knowledge” point to limitations and temptations facing scholars of evil. While Arendt helps us to resist the temptation to mythologize evil, Delbo helps us to resist the temptation to domesticate suffering.

Under what circumstances should the federal government pay for outpatient prescription drugs? Should the government (and by extension, taxpayers) pay for all of the drugs prescribed by health care providers, regardless of price or use—adhering to a medical standard? Or should taxpayers only pay for prescriptions supported by scientific evidence of effectiveness—a scientific standard?