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)

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.

This Handbook describes the extent and shape of computing education research today. Over fifty leading researchers from academia and industry have contributed chapters that together define and expand the evidence base. The foundational chapters set the field in context, articulate expertise from key disciplines, and form a practical guide for new researchers. They address what can be learned empirically, methodologically and theoretically from each area. The topic chapters explore issues that are of current interest, why they matter, and what is (...) already known. They include discussion of motivational context, implications for practice, and open questions which might suggest future research. The authors provide an authoritative introduction to the field and is essential reading for policy makers, as well as both new and established researchers. (shrink)

Although the empirical studies of Terror Management Theory lend support to Ernest Becker's anthropology, they hardly provide a vision with the power to inspire late twentieth century humanity. Becker's own dark view of what it means to be human is, at least in part, to blame. On the basis of an exploration of the positive implications of the religious symbol of creatureliness, an alternative social theory, that of ecologico‐social democracy, is proposed as a vision that requires and may even inspire (...) heroism. (shrink)

Interpreting heritability estimates through the lens of cultural evolution presents two broad and interlinking problems for educational behavior genetics. First, the problem of interpreting high heritability of educational phenotypes as indicators of the genetic basis of traits, when these findings also reflect cultural homogeneity. Second, the problem of extrapolating from genetic research findings in education to policy and practice recommendations.

BackgroundMoral distress (MD) is an emotional and psychological response to morally challenging dilemmas. Moral distress is experienced frequently by nurses in the intensive care unit (ICU) and can result in emotional anguish, work dissatisfaction, poor patient outcomes, and high levels of nurse turnover. Opportunities to discuss ethically challenging situations may lessen MD and its associated sequela.ObjectiveThe purpose of this project was to develop, implement, and evaluate the impact of nursing ethics huddles on participants’ MD, clinical ethics knowledge, work satisfaction, and (...) patient care among ICU nurses.Sample and SettingThe sample, 32 nurses from three ICU settings in an 800-bed tertiary academic medical center, participated in six nursing ethics huddles over a two-month period.MethodsAlvita K. Nathaniel’s Theory of Moral Reckoning guided development of the nursing ethics huddle process.1 The Moral Distress Thermometer was administered at three data points: baseline level of MD, and pre- and post-huddle to determine changes in the subjects’ level of MD.2 Focused content analysis was used to analyze qualitative responses from questionnaires about the subjects’ perception of the effect of the huddles on work satisfaction and patient care. Knowledge attainment was evaluated via open-ended short-answer questions.ResultsOverall, use of nurse-ethicist-led nursing ethics huddles was associated with improved quality of work life, patient care, and clinical ethics knowledge. The change in pre- and post-nursing ethics huddles MD scores was statistically significant (p < 0.0001). (shrink)

Influences on the perception of affordances (i.e., opportunities for actions) have been primarily studied by manipulating the functional morphology of the body. However, affordances are not just determined by the functional morphology of the perceiver, but also by the physiological state of the perceiver. States of anxiety have been shown to lead to marked changes in individuals’ physiological state and their behaviour. To assess the influence of emotional state on affordance perception, the perception of action capabilities in near space was (...) examined after participants completed an anxiety-provoking task. Anxiety was induced immediately prior to tasks that assessed participants' perceived reaching ability in Experiment 1, grasping ability in Experiment 2, and the ability to pass their hands through apertures in Experiment 3. Results indicated that those participants who experienced changes in anxiety underestimated their reaching, grasping, and passing ability compared to non-anxious participants. In other words, anxious participants were more conservative in their estimations of their action capabilities. These results suggest that anxiety influences the perception for affordances in near space and are consistent with the notion that anxiety induces withdrawal behaviours. (shrink)

The clash between the public right to know and public safety is just one of the fundamental conflicts raised by Hurst and White in this, the first definitive study of ethics in the Australian news media. Hurst and White explore the concept of ethical conduct, apply it to journalism, then draw on a wealth of local examples where the news media's conduct was challenged. They examine the attempts to codify the principles - from the policies of press councils to the (...) journalists' own codes of ethics - and show where these are inadequate, muddled or honoured in the breach. They put forward some provocative ideas for reform. (shrink)

Sally Sedgwick presents a fresh account of Hegel's critique of Kant's theoretical philosophy. She argues that Hegel offers a compelling critique of and alternative to the conception of cognition that Kant defended in his 'Critical' period, and explores Hegel's claim to derive from Kantian doctrines clues to a superior form of idealism.

In lieu of an abstract, here is a brief excerpt of the content:The Frederick J. Streng Book Award:An Interview with Paul Ingram and Sallie KingSallie B. King and Paul O. IngramSallie King and Paul Ingram have been named winners of the 2003 Frederick J. Streng Book Award for their edited collection The Sound of Liberating Truth: Buddhist-Christian Dialogues in Honor of Frederick J. Streng (Curzon, 1999). Sallie King is professor of philosophy and religion at James Madison University in Harrisonburg,Virginia. Paul (...) Ingram is professor of religion at Pacific Lutheran University in Tacoma,Washington. Both are past presidents of the Society for Buddhist-Christian Studies. There is some irony that they have won this award named after Fred Streng, one of the founders of the Society for Buddhist-Christian Studies, for a volume that is a essentially a festschrift honoring the work of Fred Streng. Following is an edited interview with both of the winners.Buddhist-Christian Studies: What made each of you want to put together this collection of essays?Paul Ingram: Before I met Fred at the first "East-West Religions in Encounter" meeting organized by David Chappell in 1980 in Hawai'i, I was well acquainted with his work in history of religions. Fred by this time was recognized as one of the most important scholars in the field, and I deeply admired his work, particularly his book on Nagarjuna. As it turns out, he had read some of my work on Pure Land Buddhism and was as interested in meeting me as I was in meeting him. We became friends and colleagues. Because of our mutual interest in interreligious dialogue in general and in Buddhism in particular, he suggested that we should co-edit a volume of selected papers from the 1980 conference. This volume, Buddhist-Christian Dialogue: Mutual Renewal and Transformation, was subsequentlypublishedby the Universityof Hawai'i Press in 1986 and is still in print.Sallie King: I had long admired Fred's book on Nagarjuna, which uniquely and powerfullyopenedup the religiousmeaningof Nagarjuna'swork.I later metFred through the Society for Buddhist-Christian Studies and discovered that this admirable scholar was also a most admirable human being. We had lengthy, in-depth conversations when our paths crossed at various conferences. After Fred died, David Chappell, who had become the president of the Society for Buddhist-Christian Studies, suggested to Paul and me that we edit a volume of this kind in honor of Fred. Neither Paul nor I hesitated. For my part, I felt such a loss when Fred died that I was very happy [End Page 313] and honored to have this opportunity to make a gesture of respect and gratitude toFred.Besides his obvious scholarly achievements, what were Fred Streng's other gifts?PI: Fred was always generous in his support of colleagues. Many of us in the Society for Buddhist-Christian Studies are where we are professionally because of Fred's celebration of our work in all its diversity. He was one of the founding members of the Society, and he worked long and hard to make it a place for not only scholarly Buddhist-Christian encounter, but also a venue for nonspecialists to engage in Buddhist-Christian dialogue. All of us have been creatively transformed by Fred's work. After Fred's death in 1993, David Chappell invited Sallie and me to co-edit a volume of essays to honor Fred's memory and celebrate his work. We did so gladly and without reservation.SK: Fred was a very balanced person who had seriously engaged with all the important areas of human life. He was profoundly spiritual, seriously concerned about social issues, unfailingly kind and generous to others. Though he was at the top of his field, he remained straightforward and natural and always met even far-junior scholars as equals; he could not have been more encouraging and supportive. His spirituality, his scholarship, his engagement with social issues and his caring for others were all interdependent, mutually constructive of who he was and of his various projects.Were assignments for the book difficult to make?PI: The most difficult problem was selecting who to invite. Sallie and I identified five themes in Fred's scholarship, and we needed... (shrink)

This latest philosophical text by John Sallis is inspired by the work of contemporary Chinese painter Cao Jun. It carries out a series of philosophical reflections on nature, art, and music by taking up Cao Jun's art and thought, with a focus on questions of the elemental. Sallis's reflections are not a matter of simply relating art works to philosophical thought, as theoretical insights and developments run throughout Cao Jun's writings and inform many of his artistic works. Sallis maintains abundant (...) points of contact with Chinese philosophical traditions but also with Western philosophy. In these reflections on art, Sallis poses a critique of mimesis and considers the relation of painting to music. He affirms his conviction that the artist must always turn to nature, especially as reflections on the earth and sky delimit the scale and place of what is human. Full-color illustrations enhance this provocative and penetrating text. (shrink)

This paper provides an account of social practices that reveals how they are constitutive of social agency, enable coordination around things of value, and are a site for social intervention. The social world, on this account, does not begin when psychologically sophisticated individuals interact to share knowledge or make plans. Instead, culture shapes agents to interpret and respond both to each other and the physical world around us. Practices shape us as we shape them. This provides resources for understanding why (...) social practices tend to be stable, but also reveals sites and opportunities for change. (shrink)

Originally published in 1973, this work continues to be a classic in the field of French phenomenology, focusing on tis most seminal represenataive, Maurice Merleau-Ponty. By tracing how Merleau-Ponty accounts for the beginning of philosophical thought in the dual sense of understanding its origin and showing how that origin permits philosophy (and all thought) to achieve truth, Sallis demonstrates that this process is never fully completed. With a signifigant revival of interest in French phenomenology in recent years, this paperback edition (...) -- with a new preface by Sallis -- provides an enduring and important voice to the dialogue. (shrink)

Experiences of solidarity have figured prominently in the politics of the modern era, from the rallying cry of liberation theology for solidarity with the poor and oppressed, through feminist calls for sisterhood, to such political movements as Solidarity in Poland. Yet very little academic writing has focused on solidarity in conceptual rather than empirical terms. Sally Scholz takes on this critical task here. She lays the groundwork for a theory of political solidarity, asking what solidarity means and how it (...) differs fundamentally from other social and political concepts like camaraderie, association, or community. Scholz distinguishes a variety of types and levels of solidarity by their social ontologies, moral relations, and corresponding obligations. Political solidarity, in contrast to social solidarity and civic solidarity, aims to bring about social change by uniting individuals in their response to particular situations of injustice, oppression, or tyranny. The book explores the moral relation of political solidarity in detail, with chapters on the nature of the solidary group, obligations within solidarity, the “paradox of the privileged,” the goals of solidarity movements, and the prospects for global solidarity. ��. (shrink)

Gender is the social meaning of a person’s sex, and race is the social meaning of a person’s color. This paper reviews some accounts of these social meanings. It is argued that there are important differences between race and gender that count against treating them as parallel.

It is always awkward when someone asks me informally what I’m working on and I answer that I’m trying to figure out what gender is. For outside a rather narrow segment of the academic world, the term ‘gender’ has come to function as the polite way to talk about the sexes. And one thing people feel pretty confident about is their knowledge of the difference between males and females. Males are those human beings with a range of familiar primary and (...) secondary sex characteristics, most important being the penis; females are those with a different set, most important being the vagina or, perhaps, the uterus. Enough said. Against this background, it isn’t clear what could be the point of an inquiry, especially a philosophical inquiry, into “what gender is”. (shrink)

_Transfigurements_ develops a framework for thinking about art through innovative readings of some of the most important philosophical writing on the subject by Kant, Hegel, and Heidegger. Sallis exposes new layers in their texts and theories while also marking their limits. By doing so, his aim is to show that philosophy needs to attend to art directly. Consequently, Sallis also addresses a wide range of works of art, including paintings by Raphael, Monet, and Klee; Shakespeare’s comedies; and the music of (...) Beethoven, Schubert, Mahler, and Tan Dun. Through these interpretations, he puts forth a compelling new elaboration of the philosophy of art. (shrink)

I argue that the right to solidarity may be understood as the negative right not to be hindered by social vulnerabilities in the exercise of citizen rights. I define social vulnerabilities as those vulnerabilities that result from structures of society. As a negative right, the right to solidarity shifts attention away from what is necessary for basic flourishing, and toward what is social structures that hinder full participation in other civic or political obligations and rights.

[Sally Haslanger] In debates over the existence and nature of social kinds such as 'race' and 'gender', philosophers often rely heavily on our intuitions about the nature of the kind. Following this strategy, philosophers often reject social constructionist analyses, suggesting that they change rather than capture the meaning of the kind terms. However, given that social constructionists are often trying to debunk our ordinary (and ideology-ridden?) understandings of social kinds, it is not surprising that their analyses are counterintuitive. This (...) article argues that externalist insights from the critique of the analytic/synthetic distinction can be extended to justify social constructionist analyses. /// [Jennifer Saul] Sally Haslanger's 'What Good Are Our Intuitions? Philosophical Analysis and Social Kinds' is, among other things, a part of the theoretical underpinning for analyses of race and gender concepts that she discusses far more fully elsewhere. My reply focuses on these analyses of race and gender concepts, exploring the ways in which the theoretical work done in this paper and others can or cannot be used to defend these analyses against certain objections. I argue that the problems faced by Haslanger's analyses are in some ways less serious, and in some ways more serious, than they may at first appear. Along the way, I suggest that ordinary speakers may not in fact have race and gender concepts and I explore the ramifications of this claim. (shrink)

This volume of the collected writings of John Sallis presents his lecture courses on Immanuel Kant. Each course takes up one of Kant's three Critiques, and thus the text as a whole treats the entirety of the Kantian critical project. Sallis displays here, as he does in all of his lecture courses, an uncanny ability to open up dense philosophical texts. Sallis patiently and successfully lays out the issues-theoretical, practical, aesthetic, and philosophical-and his critical approach to them. For students and (...) seasoned scholars who require a step-by-step interpretation of Kant, these texts by Sallis are attuned to the spirit, structure, and principle of these foundational works. (shrink)

Narrative and exploration: toward a poetics of knowledge in nursingThe dualism of subject and object has been a traditional model for nursing knowledge. That model is portrayed here as an epistemological exile. Our self‐imposed exile from the lived world of nursing can be remedied by inquiry based on engagement rather than distance. One model for engaged inquiry is explorers'journeys in remote regions. Knowledge of a region can be local or colonial, according to the explorer's stake in the region as homeland (...) or territory. Nursing is an existential region where people live. In the exploration of nursing as homeland, knowledge takes the form of local narrative, the story of a place told by its inhabitants. Narrative inquiry offers nursing an epistemology that is both ethically and aesthetically congruent with its practice of engagement. (shrink)

The authoranalyzes the types of metaphors that are used to describe the Internetin issues of Wired magazine from before and after the dot-com collapse to understand the perceptions and expectations of some of the actors involved in the shaping of the Internet. In addition, the metaphors deployed in economics and geophysiology are used to demonstrate how metaphors can influence public debate, policy, and theory. The author argues that metaphors do not simply have a descriptive function but that they also carry (...) normative connotations. Language, alongside social practices and material objects, is an important tool in attempts to construct the future. Six overlapping metaphorical themes are identified: revolution, evolution, salvation, progress, universalism, and the “American dream.” A critical analysis of these metaphors, informed by a critique of the metaphors used in economics and geophysiology, leads the author to challenge the universalist claims made by some Internet enthusiasts for the inclusive potential of the Internet. (shrink)

The terms ‘structural injustice’ and ‘systemic injustice’ are commonly used, but their meanings are elusive. In this paper, I sketch an ontology of social systems that embeds accounts of social structures, relations, and practices. On this view, structures may be intrinsically problematic, or they may be problematic only insofar as they interact with other structures in the system to produce injustice. Because social practices that constitute structures set the backdrop for agency and identity, socially fluent agents reproduce the systems, often (...) unknowingly and unintentionally. The account aims to capture how agents both depend on and enact structures, and do so in ways that, as Ta-Nehisi Coates says, ‘land on the body’. (shrink)

Don't enter the world of Digital SLR without this book! If you want to use your Digital SLR camera like a pro, let a pro show you how! Sally Wiener Grotta and Daniel Grotta have been covering the world of digital photography since 1991, and this book is like a private course in DSLR mastery. From understanding the parts of your camera to using the controls effectively to shooting stunning, beautiful, and meaningful photographs to editing your images, here's everything (...) you want to know tomake your investment in a Digital SLRpay off big in gorgeous pictures. Let the experts tell you how Here's advice from the undisputed digital camera experts for less than the cost of a memory card! The Grottas help you choose the right model, get the best shots, edit like a pro, and produce showstopping prints from your DSLR. Get professional guidance on * Choosing a Digital SLR camera that fits your needs and your budget * Understanding different types of image sensors * Selecting and working with lenses * Determining the right resolution for various photo types * Using the camera's controls to fine-tune your pictures * Working with RAW format * Learning the aesthetics of what makes a great photograph * Getting great shots of action, nature, and events * Seeing how light, shadow, contrast, and color affect the mood and intention of everything you shoot * Managing your image files efficiently * Editing your images for professional results. (shrink)

This article examines the particular moral obligations of solidarity focusing on the solidary commitment against injustice or oppression. I argue that political solidarity entails three relationships—to other participants in action, to a cause or goal, and to those outside the unity of political solidarity. These relationships inform certain obligations. Activism is one of those obligations and I argue that violent activism is incompatible with the other relations and duties of solidarity. Activists may find themselves confronted with a difficult choice between (...) respecting the relationships of political solidarity or employing physical violence in resistant self-defense against oppressive practices. -/- . (shrink)

A very distinctive and important new option for Christian theology. McFague proposes in a clear and challenging way a theological program based on what she calls 'the organic model' for conceiving God.

The paper indicates how social kinds may be internally and objectively unified in a way continuous with physical kinds. It argues that the practice of theorizing is continuous with other practices to the extent that theorists, like anyone engaged in a practice, needs to make choices that are responsive to purposes (and corresponding values) guiding the practice. The paper discusses Epstein's theory of anchoring, and argues for a theory of scaffolding social kinds.

A philosophically useful account of social structure must accommodate the fact that social structures play an important role in structural explanation. But what is a structural explanation? How do structural explanations function in the social sciences? This paper offers a way of thinking about structural explanation and sketches an account of social structure that connects social structures with structural explanation.

Exploring nursing expertise: nurses talk nursingIt has become increasingly important for practitioners to articulate their expertise in modern healthcare settings that demand high levels of accountability and evidence‐based practice. The material presented within this article has been interpreted drawing from discourse analysis1to help explore the discourses that shape and influence understandings of nursing practice. What we present are extracts from four of the 35 participant nurses who applied to take part in the Royal College of Nursing Institute's Expertise in Practice (...) (pilot) Project (EPP). The material presented is used to provide a starting point for exploring how nurses talk about and construct expertise in nursing practice. The four nurse participants’ clinical practice areas cover palliative care, mental health, intensive care and fertility care. The material reveals high levels of intensity in the nurse–patient relationship, ‘maverick’ nursing practices and ongoing reflexivity. All of these aspects appear to capitalize on expertise as a ‘catalyst’ that alters treatment pathways and maximizes patient‐centred outcomes. Exploring a discourse of nursing expertise exposes the tacit situated nature of professional practice that is heterogeneous and most difficult to articulate and explain. It is proposed that expertise tends to be understood from traditional and dominant discourses of medicine, management and technology. Explaining expertise in practice exposes non‐conventional practice that in itself can be isolating and challenging to the status quo of contemporary health‐care. (shrink)

Independence is a fundamental concept to the audit. There is a clear relationship between independence and conflict of interest in all professions. This paper examines this relationship in the auditing profession and in the context of three specific practices. The paper analyses these practices by using the Davis model of conflict of interest. The results of this analysis give rise to some interesting questions for the ethical practices of the auditing profession.

Ethical challenges that arise within healthcare delivery institutions are currently categorized as either clinical or organizational, based on the type of issue. Despite this common binary issue-based methodology, empirical study and increasing academic dialogue indicate that a clear line cannot easily be drawn between organizational and clinical ethics. Disagreement around end-of-life treatments, for example, often spawn value differences amongst parties at both organizational and clinical levels and requires a resolution to address both the case at hand and large-scale underlying system-level (...) confounders. I refer to issues that contain elements of both clinical and organizational issues as hybrids and propose a new taxonomy to characterize hybrid cases. I contend that salient contextual features of an ethical issue, such as where it is identified, who it impacts and where it is ideally resolved in relation to its scope of impact, should inform procedure. Implementation of a Hybrid taxonomy viewing ethical issues as existing on a continuum furthers that end. The primary goals are to 1) systematize thinking about ethical issues that arise within healthcare delivery institutions and 2) allow the content of the ethical challenge to drive the process, rather than continuing to rely on the traditional binary issue-based choice. Failure to capture the complexity of hybrid situations perpetuates incomplete information and ultimately an inchoate resolution that creates more questions than answers. (shrink)