Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

The March 2002 symposium Human Dignity and Reproductive Technology brought together philosophers, theologians, scientists, lawyers, and scholars from across the United States. The essays of this book are the contributions of the symposium's participants.

BackgroundPreprint usage is growing rapidly in the life sciences; however, questions remain on the relative quality of preprints when compared to published articles. An objective dimension of quality that is readily measurable is completeness of reporting, as transparency can improve the reader’s ability to independently interpret data and reproduce findings.MethodsIn this observational study, we initially compared independent samples of articles published in bioRxiv and in PubMed-indexed journals in 2016 using a quality of reporting questionnaire. After that, we performed paired comparisons (...) between preprints from bioRxiv to their own peer-reviewed versions in journals.ResultsPeer-reviewed articles had, on average, higher quality of reporting than preprints, although the difference was small, with absolute differences of 5.0% [95% CI 1.4, 8.6] and 4.7% [95% CI 2.4, 7.0] of reported items in the independent samples and paired sample comparison, respectively. There were larger differences favoring peer-reviewed articles in subjective ratings of how clearly titles and abstracts presented the main findings and how easy it was to locate relevant reporting information. Changes in reporting from preprints to peer-reviewed versions did not correlate with the impact factor of the publication venue or with the time lag from bioRxiv to journal publication.ConclusionsOur results suggest that, on average, publication in a peer-reviewed journal is associated with improvement in quality of reporting. They also show that quality of reporting in preprints in the life sciences is within a similar range as that of peer-reviewed articles, albeit slightly lower on average, supporting the idea that preprints should be considered valid scientific contributions. (shrink)

In numerous essays over the years, and most recently in his Meaning, Paul Horwich has worked to articulate and defend a version of the use theory of meaning. At the heart of his project is the idea that the meaning of a word is constituted by a regularity in speakers’ use of it — i.e., by a regularity in speakers’ dispositions to accept as true, to reject as false, or neither to accept nor to reject sentences containing it. A ‘use (...) regularity,’ thus construed, is a dispositional acceptance property distinctive of a particular word and, derivatively, of sentences containing the word. For example, the use regularity constituting the meaning of ‘red’ can be very roughly characterized as speakers’ disposition to accept the application of ‘red’ to observed surfaces if and only if they are clearly red. Of course, the use regularity constituting the meaning of a word can be described in different ways; in particular, in describing a use regularity we might merely mention, and not use, the corresponding word. Furthermore, not every regularity in the use of a word is meaning-constituting. The use regularity that constitutes the meaning of the word ‘tall,’ for example, does so in virtue of the fact that, taken together with general psychological laws and the use regularities governing other words, it is basic to the explanation of speakers’ overall pattern of use of ‘tall.’ Hence, a central claim of Horwich’s use theory is that linguistic use is in general to be ‘unified and explained in terms of a relatively small and simple body of factors and principles including, for each word, a basic use regularity’. (shrink)

DNA helicases catalyze the disruption of the hydrogen bonds that hold the two strands of double‐stranded DNA together. This energy‐requiring unwinding reaction results in the formation of the single‐stranded DNA required as a template or reaction intermediate in DNA replication, repair and recombination. A combination of biochemical and genetic studies have been used to probe and define the roles of the multiple DNA helicases found in E. coli. This work and similar efforts in eukaryotic cells, although far from complete, have (...) established that DNA helicases are essential components of the machinery that interacts with the DNA molecule. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

The collected essays and consensus statements of the second round of the National Evangelical-Catholic Dialogue, and the second book of the series on Evangelicals and Catholics in dialogue. The essays address the Christian ideal of life lived in pursuit of the good that is God, and the witness and imitation of God's action in Christ, as a pathway to fruitful dialogue between Catholics and Evangelicals.

Arguably the biggest challenge in analyzing English tense is to account for the double access interpretation, which arises when a present tensed verb is embedded under a past attitude—e.g., "John said that Mary is pregnant". Present-under-past does not always result in a felicitous utterance, however—cf. "John believed that Mary is pregnant". While such oddity has been noted, the contrast has never been explained. In fact, English grammars and manuals generally prohibit present-under-past. Work on double access, on the other hand, has (...) either disregarded the oddity (e.g., Abusch 1997: 39) or treated it as a reflex of a particular dialect (e.g., Kratzer 1998: 14). The goal of the paper is to argue—based on a corpus study—that a present-under-past sentence is grammatical, but modulated by two, interacting pragmatic phenomena: cessation and parentheticality. (shrink)

Featuring nine new articles chosen by coeditor Steven M. Cahn, the third edition of E. D. Klemke's The Meaning of Life offers twenty-two insightful selections that explore this fascinating topic. The essays are primarily by philosophers but also include materials from literary figures and religious thinkers. As in previous editions, the readings are organized around three themes. In Part I the articles defend the view that without faith in God, life has no meaning or purpose. In Part II the (...) selections oppose this claim, defending instead a nontheistic, humanistic alternative--that life can have meaning even in the absence of theistic commitment. In Part III the contributors ask whether the question of the meaning of life is itself meaningful. The third edition adds substantial essays by Moritz Schlick, Joel Feinberg, and John Kekes as well as selections from the writings of Louis P. Pojman, Emil L. Fackenheim, Robert Nozick, Susan Wolf, and Steven M. Cahn. The only anthology of its kind, The Meaning of Life: A Reader, Third Edition, is ideal for courses in introduction to philosophy, human nature, and the meaning of life. It also offers general readers an accessible and stimulating introduction to the subject. (shrink)

The Russia–Ukraine war has challenged our understanding of corporate social responsibility (CSR). Whereas CSR is traditionally associated with business self-regulation that benefits business and society, the conflict has revealed new forms of what we call “partisan CSR.” Based on comprehensive data from Fortune Global 500 firms, this study discovers that in particular Western, but also some non-Western, corporations have engaged in partisan CSR activities, ranging from (1) strengthening Ukraine’s economy, to (2) enhancing security and protection for Ukrainian citizens, (3) providing (...) military support, (4) weakening Russia’s economy, and (5) supporting Ukraine in symbolic ways. By comparison, several mostly non-Western firms, e.g. from Asian countries, have chosen to be “neutral”, while, in some cases, exploiting economic opportunities arising from the conflict. This study also discusses major drivers of these CSR responses, including political climate, resource availability and economic dependency, isomorphism, and regulatory requirements. Our findings suggest a shift from political CSR to partisan CSR, which we expect to become more important with growing geopolitical divides and territorial conflicts. (shrink)

Reductionism--understanding complex processes by breaking them into simpler elements--dominates scientific thinking around the world and has certainly proved a powerful tool, leading to major discoveries in every field of science. But reductionism can be taken too far, especially in the life sciences, where sociobiological thinking has bordered on biological determinism. Thus popular science writers such as Richard Dawkins, author of the highly influential The Selfish Gene, can write that human beings are just "robot vehicles blindly programmed to preserve the selfish (...) molecules known as genes." Indeed, for many in science, genes have become the fundamental unit for understanding human existence: genes determine every aspect of our lives, from personal success to existential despair: genes for health and illness, genes for criminality, violence, and sexual orientation. Others would say that this is reductionism with a vengeance. In Lifelines, biologist Steven Rose offers a powerful alternative to the ultradarwinist claims of Dawkins, E.O. Wilson, Daniel Dennett and others. Rose argues against an extreme reductionist approach that would make the gene the key to understanding human nature, in favor of a more complex and richer vision of life. He urges instead that we focus on the organism and in particular on the organism's lifeline: the trajectory it takes through time and space. Our personal lifeline, Rose points out, is unique--even identical twins, with identical genes at birth, will differ over time. These differences are obviously not embedded in our genes, but come about through our developmental trajectory in which genes, as part of the biochemical orchestra of trillions of cells in each human body, have an important part--but only a part--to play. To illustrate this idea, Rose examines recent research in modern biology, and especially two disciplines--genetics (which looks at the impact of genes on form) and developmental biology (which examines the interaction between the organism and the environment)--and he explores new ideas on biological complexity proposed by scientists such as Stuart Kauffman. He shows how our lifelines are constructed through the interplay of physical forces--such as the intrinsic chemistry of lipids and proteins, and the self-organizing and stabilizing properties of complex metabolic webs--and he reaches a startling conclusion: that organisms are active players in their own fate, not simply the playthings of the gods, nature, or the inevitable workings out of gene-driven natural selection. The organism is both the weaver and the pattern it weaves. Lifelines will be a rallying point for all who seek an alternative to the currently fashionable, deeply determinist accounts which dominate popular science writing and, in fact, crowd the pages of some of the major scientific journals. Based on solid, state-of-the-art research, it not only makes important contributions to our understanding of Darwin and natural selection, but will swing the pendulum back to a richer, more complex view of human nature and of life. (shrink)

These 12 essays give you new perspectives on how Agamben's work is increasingly relevant to economy and political action: the two ideas that frame the most pressing problems of global politics. New analyses of Agamben's recent work on government and his relationship to the revolutionary tradition opening up new ways of thinking about politics and critical theory in the post-financial crisis world. Contributors: Daniel McLoughlin Giorgio Agamben Jason E. Smith Jessica Whyte Justin Clemens Mathew Abbott Miguel Vatter Nicholas Heron Sergei (...) Prozorov Simone Bignall Steven DeCaroli. (shrink)

Purpose – The purpose of this paper is to investigate the internal structure of Gandhi's ethics as a way to determine opportunities for improving that system's ability to influence behavior. In this paper, the author aims to work under the idea that a system of ethics is a guide for social responsibility. -/- Design/methodology/approach – The data source is Gandhi's set of ethics as described by Naess. These simple (primarily quantitative) studies compare the concepts within the code of ethics, and (...) their relationships to one another. -/- Findings – Gandhi's ethics are robust at the 0.25 level (the scale is zero to one – zero is lowest). This is consistent with theories of the social sciences (that do not work well in practice). Gandhi's success might be ascribed to his leadership ability. -/- Research limitations/implications – Some suggest this approach is reductionist because of its superficial similarity to approaches of physical science. The implications for research are profound. First, this approach provides an objective method for comparing (and so, advancing) systems of ethics. Second, this paper suggests the opportunity to compare the internal structure of ethics with “external” aspects – the implementation of ethical systems. -/- Practical implications – By itself, Gandhi's system of ethics cannot be reliably applied in practice - it cannot be expected to change behavior more than any other system of ethics. This raises concerns about other ethical codes as well. The practical implications of the form of analysis presented in this paper are immense because it provides a way for practitioners to objectively compare two codes of ethics and determine which one will be more effective. -/- Originality/value – The approach documented in the paper has never been applied to the field of ethics. It is unique in that it addresses the “internal” structure of a system of ethics (compared to the “external”, or application, of ethical systems). (shrink)

Released in 1984, Steven E. Rhoads' classic was considered by many to be among the best introductions to the economic way of thinking and its applications. This anniversary edition has been updated to account for political and economic developments - from the greater interest in redistributing income and the ascendancy of behaviorism to the Trump presidency. Rhoads explores opportunity cost, marginalism, and economic incentives and explains why mainstream economists - even those well to the left - still value free (...) markets. He critiques economics for its unbalanced emphasis on narrow self-interest as controlling motive and route to happiness, highlighting philosophers and positive psychologists' findings that happiness is far more dependent on friends and family than on income or wealth. This thought-provoking tour of the economist's mind is a must read for our times, providing a clear, lively, non-technical insight into how economists think and why they shouldn't be ignored. (shrink)

There continues to be a debate on whether addiction is best understood as a brain disease or a moral condition. This debate, which may influence both the stigma attached to addiction and access to treatment, is often motivated by the question of whether and to what extent we can justly hold addicted individuals responsible for their actions. In fact, there is substantial evidence for a disease model, but the disease model per se does not resolve the question of voluntary control. (...) Recent research at the intersection of neuroscience and psychology suggests that addicted individuals have substantial impairments in cognitive control of behavior, but this "loss of control" is not complete or simple. Possible mechanisms and implications are briefly reviewed. (shrink)

The Sarbanes–Oxley Act of 2002 requires audit committees of public companies’ boards of directors to install an anonymous reporting channel to assist in deterring and detecting accounting fraud and control weaknesses. While it is generally accepted that the availability of such a reporting channel may reduce the reporting cost of the observer of a questionable act, there is concern that the addition of such a channel may decrease the overall effectiveness compared to a system employing only non-anonymous reporting options. The (...) rationale underlying this concern involves the would-be reporter’s likelihood of reporting, the seriousness with which the organization treats an anonymous report, and the organization’s ability to thoroughly follow-up the report. Thus, we explore the extent to which the availability of an anonymous reporting channel influences intended use of non-anonymous reporting channels. Further, in response to Sarbanes–Oxley and the environment of financial scandals that led to its passage, many firms are strengthening their internal audit departments, and providing them with greater independence from upper management’s direct control. Accordingly, our examination tests whether the intended use of the internal audit department as an internal reporting channel is greater when the internal audit department is of “high” versus “low” quality. Finally, the study investigates intended reporting behavior across three different cases (e.g., settings). Results show that the existence of an anonymous channel does reduce the likelihood of reporting to non-anonymous channels, that generally the internal audit department quality does not affect reporting to non-anonymous channels, and that case-setting affects the type of channel to be used. Implications from the study are discussed. (shrink)

Merchant and Rockness (1994, p. 92) characterize earnings management as "probably the most important ethical issue facing the accounting profession" and provide initial evidence of the ethical judgments of various organizational members. The current study extends their work by examining the extent to which an individual''s ethically-related judgments in response to earnings management activities are associated with the individual''s role.In an experimental study, evening MBA students read three hypothetical scenarios involving a manager engaging in earnings management. The scenarios involved a (...) gain from an operating activity, a gain from an accounting activity, and a loss from an accounting activity. Before reading the cases, however, participants were randomly assigned to one of three roles: a shareholder, another manager from the company who is unfamiliar with the manager in the case, or another manager from the company who is familiar with the manager in the case. Following each case, participants made four ethically related judgments. (shrink)

The current study is designed to propose and test a model about the ethical reputation of a target manager who must decide whether to engage in earnings management. We employ an experimental approach to examine the potential negative reputation effects within the internal labor market of a firm that occur as a consequence of earnings management. We examine participants’ responses to a hypothetical (target) manager when both the target’s behavior and the corporate incentives were manipulated. Participants assessed how ethical they (...) believed a target manager to be, based on the target’s decision regarding earnings management and the nature of the corporate incentives. Participants also assessed the target’s managerial ability. Participants’ judgments regarding the target’s morality were significantly affected by the target’s behavior, but were not affected by the incentive structure. Ability judgments were significantly and positively related with morality assessments. Further analysis indicates that morality assessments mediate the relationships between the target’s behavior and the participants’ willingness to extend work-related opportunities to the target. Implications of these results for management control systems design and for future research are discussed. (shrink)

Heyman's target article is an analytical tour de force, but it makes too hard a distinction between voluntary and driven behavior. It is more fruitful to think about brain and behavior as shifting, interacting “agents,” represented by multiple neural circuits. This has the virtue of better connecting behavioral analysis with wet neuroscience.

This paper is an examination of certain assumptions that, I hold, lie in the background of MacIntyre’s conception of the formation of the intellectual schema as found, most prominently, in Whose Justice? Which Rationality? and Three Rival Versions of Moral Enquiry. A thorough examination of MacIntyre’s concept of the rational schema, I will show, reveals that the parsing he proposes to carry out on intellectual history is confronted with a problem that finds its analogue in the field of biological taxonomy. (...) In order to carry out this project of determining where the seams lie in intellectual history one must first recognize that the parsing itself is a scheme-dependent undertaking. As such it is not unlike the necessarily somewhat arbitrary identification of species and genera in the biological realm. In other words, it should be recognized that intellectual history, like the morphology of the plant and animal kingdoms, is continuous, not discreet. An almost wholly unexamined assumption that stalks through Whose Justice? and Three Rival Versions is that there are something like intellectual natural kinds in the history of ideas. Indeed, the notion that there are “traditions” at all in the sense in which MacIntyre uses the term may be a highly conventional artefact of an Enlightenment-era view of intellectual progress. This leads me to conclude that MacIntyre has failed to observe that the view of traditions and schemes neatly succeeding one another, on which much of his critique is dependent, is itself a product of the perspective he calls “encyclopedia.” This, in turn, will make manifest why it is that almost all of MacIntyre’s examples of rational scheme-switching are from the natural sciences rather than the normative, a fact I will show is connected to a paradigm of linear progression that one tends to find in the exact sciences, but not in praxis. (shrink)

Recent, well-publicized accounting scandals have shown that the penalties outsiders impose on those found culpable of earnings management can be severe. However, less is known about how colleagues within internal labor markets respond when they believe fellow managers have managed earnings. Designers of responsibility accounting systems need to understand the reputational costs managers impose on one another within internal labor markets. In an experimental study, 159 evening MBA students were asked to assume the role of a manager in a company (...) and respond to a scenario in which another manager (the target manager) has the opportunity to engage in earnings management. Participants provided causal attributions, assessed the morality of the target manager, and indicated whether they would change their judgments about the target manager's reputation. The study manipulated three between-subjects factors: (1) whether the target manager chose to engage in earnings management, (2) whether the company's budgetary control system was rigid or flexible, and (3) whether the target manager's work history was average or above average. We found that causal attributions are affected more by the budgetary systems when the target did not manage earnings than when the manager did. We also found that morality judgments were significantly associated with the target manager's behavior, but not with the budgetary system. In addition, participants' judgments about the target manager's reputation were more strongly associated with morality judgments than with causal attributions. We discuss implications of the role of reputation in management control systems design. (shrink)

The beginning of the journey -- What this book is about : using ideas from mathematics, economics, and physics to tackle the big questions in philosophy : what is real? what can we know? what is the difference between right and wrong? and how should we live? -- Reality and unreality -- On what there is -- Why is there something instead of nothing? the best answer I have : mathematics exists because it must and everything else exists because it (...) is made of mathematics, with an excursion into artificial intelligence -- Unfinished business -- Unfinished business from chapter two : the nature and purpose of economic models -- How Richard Dawkins got it wrong -- Why Dawkins's argument against intelligent design can't be right and a mathematical analysis of the arguments for the existence of God -- Belief -- Daydream believers -- Most beliefs are ill-considered because most false beliefs are costless to hold -- The next several chapters will explore the consequences of this observation before we return to the question of where our beliefs and knowledge come from -- Unfinished business -- Unfinished business from the preceding chapter : how color vision works, sound, and water waves, the sheer craziness of economic protectionism -- Do believers believe? -- Our ill-considered beliefs about religion : why I believe that almost nobody is deeply religious -- On what there obviously is -- Our ill-considered beliefs about free will, ESP, and life after death -- Diogenes's nightmare -- How is legitimate disagreement possible if you're arguing with someone who is as intelligent and informed as you are, shouldn't you put just as much weight on your opponent's arguments as your own? -- The fact that we persist in disagreeing is strong evidence that we don't really care what's true -- Knowledge -- Knowing your math -- Where mathematical knowledge comes from and logic and why evidence and logic are not enough -- Unfinished business -- Unfinished business from the preceding chapter : the tale of hercules and the hydra, with an excursion into the lore of very large numbers -- Incomplete thinking -- Godel's incompleteness theorem and what it doesn't say about the limits of human knowledge -- The rules of logic and the tale of a Potbellied pig -- The power of logical thought, with excursions into the most counterintuitive theorem in all of mathematics and the tale of a potbellied pig -- The rules of evidence -- What we can and can't learn from evidence, with excursions into the value of preschool and how internet porn prevents rape -- The limits to knowledge -- What physics does and doesn't tell us about what we can and cannot know -- Understanding Heisenberg's uncertainty principle -- Unfinished business -- The oddness of the quantum world and why it matters to game theorists -- Right and wrong -- Telling right from wrong -- Some hard questions about right and wrong and about life and death -- The economist's golden rule -- A rule of thumb for good behavior -- How to be socially responsible -- Putting the rule of thumb into practice -- On not being a jerk -- Goofus and gallant on immigration policy -- The economist on the playground -- Our ill-considered beliefs about fairness in the market place and in the voting booth, contrasted with our carefully considered beliefs about fairness on the playground -- Unfinished business -- How ancient talmudic scholars anticipated modern economic theory -- The life of the mind -- How to think -- Some basic rules for clear thinking, mostly about economics, but also about arithmetic, neurobiology, sin, and eschewing blather -- What to study -- Advice to college students : stay away from the English department and approach the philosophy department with caution, with an excursion into the remarkable life of Frank Ramsey. (shrink)

The process by which auditors consider fraud risk in assessing management’s motivation and character remains under-addressed. This is problematic given the rising tide of narcissism, as well as recent research documenting that both self- and other-perceptions of narcissism influence an array of judgments. While a skeptical attitude is fundamental to the auditor’s gatekeeper role, it remains unclear how auditors form and act on perceptions of client narcissism. With a large sample of experienced accountants as participants, we leverage insights from current (...) narcissism and perceiver effects research to predict (and find) that auditor skepticism responds in a divergent manner to both the auditor’s (1) own antagonistic versus agentic narcissism and (2) perceptions of the client’s antagonistic and agentic narcissism. We discuss the observed opposing behavioral externalities related to these distinct forms of grandiose narcissism, particularly in dynamic interactions between clients and auditors. (shrink)

In broadcast news interviews, interviewees will occasionally address the interviewer by name. As a method of establishing the directionality of talk, address terms are redundant in this institutional context because the normative question/answer activity structure and associated participation framework make the direction of address transparent and knowable in advance. But address terms can be deployed in the service of a variety of actions beyond addressing per se. Some of these involve disaligning actions such as topic shifts, non-conforming responses, and disagreements. (...) Others involve the presentation of views as particularly significant or sincere. Address terms are thus a resource for managing certain expressive properties of talk, as well as its disalignment from prior talk. (shrink)

This paper presents an academic project that addresses the issue of international corruption in the engineering and construction industry, in a manner that effectively incorporates several learning experiences. The major objectives of the project are to provide the students a learning activity that will 1) make a meaningful contribution within the disciplines being studied; 2) teach by experience a significant principle that can be valuable in numerous situations during an individual’s career, and 3) engage the minds, experiences, and enthusiasm of (...) the participants in a real ethical challenge that is prevalent in all of their chosen professional fields. The paper describes the full details of the project, the actual implementation of it during Winter Semester 2005, the experiences gained during the initial trial, and the modifications and improvements incorporated for future implementation. (shrink)