How Tort Can Address Historical Injustice Recent years have seen an increase in civil litigation of cases of systemic and historical injustice in the Netherlands. Cases regarding war crimes, genocide and other human rights violations in the past and present have reached the Dutch civil courts through tort law. Meanwhile, scholarly disciplines have difficulty understanding the match between tort law and historical injustice cases, distracted by tort’s technicalities and alleged formality. This article provides an interdisciplinary analysis aiming to theoretically clarify (...) the urgency and aspiration put on tort by the slavery justice movement: what potential does tort hold for addressing historical injustice, such as slavery? The article identifies ‘talking points’ between two compatible theories from the sociological and legal disciplines, transformative justice and civil recourse theory, illustrated with cases of systemic and historical injustice. It argues that despite difficulties, tort litigation can be a viable platform to address historical injustices such as colonial slavery. This impact is not dependent on a successful legal outcome: the process can foster agency through process, and participation through inclusion, as core characteristics of remedying historical injustice. (shrink)

Rousseau's thought is marked by an optimism and a pessimism that each evoke, at least in the right mood, a feeling of recognition difficult to suppress. We have an innate capacity for virtue, and with it freedom and happiness. Yet our present social conditions instill in us a restless craving for superiority, which leads to vice, and with it bondage and misery. Call this the "thesis of possible goodness": that while human psychology is such that men become wicked under the (...) conditions in which we now find them, nevertheless men would be, or have been, good under other conditions. It is surprisingly difficult, or at least surprisingly complicated, however, to articulate even a possible psychology that would explain the thesis of possible goodness. Interpretations of Rousseau, even several to which the author of this essay is highly indebted, have not fully engaged, I think, with the complications. This essay tries to reconstruct psychological principles that would explain the thesis and that are at least consistent with what Rousseau otherwise says on the subject. Much of the value of this exercise, however, lies not in the particulars of the resulting psychology but rather in the depth of the tension between Rousseau's optimism and his pessimism that it reveals. CiteULike Connotea Del.icio.us Digg Reddit Technorati What's this? (shrink)

Logopenic variant primary progressive aphasia is a neurodegenerative language disorder primarily characterized by impaired phonological processing. Sentence repetition and comprehension deficits are observed in lvPPA and linked to impaired phonological working memory, but recent evidence also implicates impaired speech perception. Currently, neural encoding of the speech envelope, which forms the scaffolding for perception, is not clearly understood in lvPPA. We leveraged recent analytical advances in electrophysiology to examine speech envelope encoding in lvPPA. We assessed cortical tracking of the speech envelope (...) and in-task comprehension of two spoken narratives in individuals with lvPPA and age-matched controls. Despite markedly reduced narrative comprehension relative to controls, individuals with lvPPA had increased cortical tracking of the speech envelope in theta oscillations, which track low-level features, but not delta oscillations, which track speech units that unfold across a longer time scale. This neural signature was highly correlated across narratives. Results indicate an increased reliance on acoustic cues during speech encoding. This may reflect inefficient encoding of bottom-up speech cues, likely as a consequence of dysfunctional temporoparietal cortex. (shrink)

In the recent case of Nike v. Kasky both sides argued that their standard for distinguishing commercial speech from political speechwould create the better policy for ensuring accurate and complete disclosure of social information by corporations. Using insights frominformation economics, we argue that neither standard will achieve the policy goal of optimal truthful disclosure. Instead, we argue that the appropriate standard is one of optimal truthful disclosure—balancing the value of speech against the costs of misinformation. Specifically, we argue that (...) an SEC-sanctioned safe harbor available under a closely supervised system for social reporting will bring about optimal truthful disclosure. The scheme is intended to enhance stakeholder confidence in corporate social and political commentary, while at the same time encouraging corporations to provide accurate information in a fair playing field of public debate. (shrink)

Le décret IG I3 35 met en place une prêtresse pour Athéna Nikè et programme la construction d’un nouveau temple et d’un autel. L’article propose qu’il fasse suite à un décret antérieur inaugurant des sacrifices dêmotelês pour la déesse, accomplis après des victoires militaires. Ce décret « pré-35 » était inscrit sur la pierre qui surmontait la stèle conservée. La prêtresse pouvait entrer en charge dès que la décision avait été prise : elle ne devait pas attendre, pour ce faire, (...) que le temple soit achevé. IG I3 36 fixait la périodicité du paiement qui lui était réservé pour l’accomplissement des sacrifices tout au long de l’année. Un engagement viager de la prêtresse est plus vraisemblable qu’une charge annuelle. La date la plus plausible pour le décret IG I3 35 se situe après 448 et avant 437, ou au milieu des années 430. Toutefois, le début des années 420 ne peut être exclu. (shrink)

Numerous studies have documented the demand for information regarding corporations’ relationships to society. Much recent research has demonstrated why stakeholders need this information, and how it benefits both companies and the public. These studies suggest numerous methods by which companies can effectively disclose corporate social responsibility (CSR) information to the public, but in practice, reporting this type of information is fraught with legal and ethical uncertainty often unexplored in most literature. This article represents a fresh analysis of the numerous pragmatic (...) consequences and legal and ethical complications inherent in CSR reporting, using Nike Corporation as a case example. The article discusses the theoretical viewpoints surrounding the ethics of CSR disclosure, and presents the case of Nike and the complications it encountered while advertising CSR information. The article ends with an analysis of CSR auditing as a possible solution to companies seeking to improve the method and transparency of social responsibility reporting. (shrink)

Stephen Tracy's neat demonstration that IG I3 35—authorizing the building of a temple and appointment of a priestess for Athena Nike—was cut by the man responsible for the Promachos accounts at first seemed decisive for the traditional c. 448 B.C. against my radical down-dating. Ira Mark then argued that this decree provided for the naiskos and altar of his Stage III in the 440s: the marble temple belonged to Stage IV over twenty years later. Despite these two powerful interventions (...) the matter is not closed. David Gill has, I fancy, convincingly refuted Mark on archaeological and architectural grounds. And there is still more to be said from the epigraphic angle. IG I 36, cut on the back of the stele, looks like a delayed rider to 35. But just how delayed was it? It arranged for the regular payment of the priestess's salary by the kolakretai in office in the month Thargelion. On the traditional view the gap would be close to a quarter of a century, since 36 is firmly dated 424/3 B.C. This is quite extraordinary, though reasons have been found for it. More serious perhaps is some neglected epigraphic evidence. We have eighteen other examples in fifth-century Attic epigraphy where decrees are followed on the same stone by other texts; but virtually all the gaps are short, never more than a few years. The relevant texts are IG I 4, 11/12, 41, 42/43, 52 A–B, 59, 61, 66, 68, 71, 72, 73, 89, 93, 101, 127/II1, 156, 1454. It is true that 42/43 are dated c. 445–442 and c. 435–427 B.C. in IG I, but this is quite arbitrary. (shrink)

This paper examines within the theoretical framework of intertextuality the mobilization of glocalization as an international marketing strategy in Nike’s and Adidas’s 2008 advertising campaigns in China. Intertextuality is seen as a form of mediation through which the glocalization strategy conducted within the domain of global marking is taken up in the domain of advertising communication. The paper also assumes the interrelations of intertextual performance to value orientations and group affiliations. By analyzing intertextuality in relation to affinity groups, it (...) aims to resolve to some extent the conundrum of Nike’s more successful than Adidas in the sportswear market of China in a social-semiotic perspective. Two print ads constituting a representative example of the corpus were selected for a qualitative analysis. The comparative analysis of intertextuality reveals the contrasting methods of glocalization applied by Nike and Adidas in their 2008 advertising campaigns, thus offering an explanation for Nike’s triumph in competition with Adidas in China. (shrink)

t. 1. Hē kyriarchia tou Aristotelismou -- t. 2. Hē epikratēsē tēs neōterikēs philosophias.

Information disclosure is a common regulatory tool designed to influence business behavior. A belief is that transparency can provoke learning and also positive institutional change by empowering private watchdogs to monitor and pressure business leaders to alter harmful behavior. Beginning in the late 1990s, a private movement emerged that pressured corporations to disclose the identify of their global supplier factories. These activists believed that factory disclosure would lead to greater accountability by corporations for the working conditions under which their products (...) are made, which in time would improve labor practices. In 1995, Nike and Levi-Strauss (Levis) surprised the business community by publishing their supplier lists. This paper describes case studies of Nike and Levis, tracking the evolution from resistance to supply chain transparency through to the decision to be industry leaders in factory disclosure. The paper evaluates the contribution of factory disclosure and proposes that other companies should be urged to move toward supply chain transparency. (shrink)

O marketing esportivo, que movimenta bilhões de dólares em todo o mundo, assumiu um novo perfil com a entrada em campo das mídias sociais. A gestão das marcas nestes espaços virtuais exige agilidade, pró-atividade e sobretudo disposição para interagir com os consumidores. Este estudo analisa as estratégias da Nike e da Adidas no Facebook e no Twitter durante a realização da Copa do Mundo de 2014 no Brasil e conclui que, apesar da tradicional agressividade das marcas no mercado, a (...) apropriação deste espaço ainda se faz de modo tímido e nem sempre adequado pela ausência de uma cultura digital de comunicação. (shrink)