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.

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.

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)

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)

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)

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)

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)

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)

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)

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)

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)

Contributors to the 2016 Special Issue of Discourse Studies on the ‘Epistemics of Epistemics’ claim that studies of epistemics in interaction have lost the ‘radical’ character of groundbreaking work in ethnomethodology and conversation analysis. We suggest that the critiques and related writings are a kind of mandarin EM, lacking an adequate definition of ‘radical’, other than to invoke brief and by now familiar statements from Garfinkel and Sacks regarding the pursuit of ‘ordinary everyday activities’ and the avoidance of ‘formal analysis’. (...) Drawing on Egon Bittner’s work, we further suggest that the EoE group shares properties and problems common to social movements claiming the mantle of radicalism. Because of their particular focus on CA and Harvey Sacks’ early work, we also demonstrate that Sacks was not, as asserted, preoccupied with the singularity of occasions. Rather, from his earliest available work, Sacks pursued trans-situational aspects of sequential organization, and documented these not only through single cases but also through the comparative analysis of specimen collections. We conclude by considering how EM and CA are compatible endeavors, both in their engagement with traditional research topics – or what Garfinkel called ‘asymmetric alternates’ – and in their appreciation of generic features implicated in the assembly of social actions and social worlds. This implies a relationship of mutual interchange between EM and CA. (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)

The aim of this paper is to show how, by developing apparatus that has roots in Russell's own early work, it is possible to vindicate a version of his notorious "multiple relation" theory of judgment by formally reducing it to a plausible representationalist theory. Various adequacy conditions on such a reductive vindication are introduced and motivated. The theories in question are then axiomatized, and bridge principles are provided to effect the desired reduction. Finally, the reduction is shown to be a (...) vindication in virtue of meeting all of the aforementioned adequacy conditions. (shrink)

Since publication of the 1986 Carnegie Commission report, A Nation Prepared: Teachers for the 21st Century, the professional teaching standards movement has gained noticeable momentum. The professional standards movement in teaching has been fueled by national organizations such as the National Council for Accreditation of Teacher Education, the Interstate New Teachers Assessment and Support Consortium, the National Board for Professional Teaching Standards, the National Commission on Teaching and America's Future, and by close collaboration among these four entities. Further, nearly all (...) of the fifty states are embracing the professional standards movement through formal participation in the work of one or more of these organizations. Although the professional standards movement in teaching is strong and growing stronger, its implications are not clear for instructional programs in social foundations of education, either at the teacher preparation or the advanced graduate levels. In response to the standards movement, social foundations educators have a number of options before them, three of which are to (1) largely ignore these developments, as "this too shall pass"; (2) critically interpret and resist these developments through scholarship and collective professional action, as social foundations scholars did with Competency Based Teacher Education in the 1970s; and (3) critically interpret these developments while working to strengthen the potential of the professional teaching standards movement to achieve its stated goal of providing caring and qualified teachers for every classroom in the nation. Of these three options, the last is most advisable, but it presents a considerable challenge to social foundations educators. Although the absence of social foundations skills, perspectives, and understanding should make it very difficult for teacher candidates and teachers to perform well on standards-based teaching assessments, there is no guarantee that these assessments will hold candidates accountable for social foundations learning. Implications for social foundations educators and activists are significant. (shrink)

The appropriateness of economic valuations of the natural environment is defended on the basis of an objective analysis of individuals’ preferences. The egoistic model of “economic man” substantiates economic valuations of instrumental values even when markets do not exist and when consumption and use are not involved. However, “altruistic man’s” genuine commitment to the well-being of others, particularly wildlife and future generations, challenges economic valuations at a fundamental level. In this case, self-interest and an indifference between states of the world (...) are secondary and undefined respectively, since preferences are not based on tradeoffs between the welfare of others and self. The appropriateness of economic valuations rests solely with the empirical validity of the assumptions that give rise to economic man. (shrink)

Viruses are the simplest of pathogens, but possess sophisticated molecular mechanisms to manipulate host behavior, frequently utilizing molecular mimicry. Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) has been shown to bind to the host receptor neuropilin-1 in order to gain entry into the cell. To do this, the virus utilizes its spike protein polybasic cleavage site (PCS), which mimics the CendR motif of neuropilin-1’s endogenous ligands. In addition to facilitating cell entry, binding to neuropilin-1 has analgesic effects. We discuss the (...) potential impact of neuropilin-1 binding by SARS-CoV-2 in ameliorating sickness behavior of the host, and identify a convergent evolutionary strategy of PCS cleavage and subsequent neuropilin binding in other human viruses. In addition, we discuss the evolutionary leap of the ancestor of SARS-COV-2, which involved acquisition of the PCS thus faciliting binding to the neuropilin-1 receptor. Acquisition of the PCS by the ancestor of SARS-CoV-2 appears to have led to pleiotropic beneficial effects including enhancement of cell entry via binding to ACE2, facilitation of cell entry via binding to neuropilin-1, promotion of analgesia, and potentially the formation of decoy epitopes via enhanced shedding of the S1 subunit. Lastly, other potential neuromanipulation strategies employed by SARS-CoV-2 are discussed, including interferon suppression and the resulting reduction in sickness behavior, enhanced transmission through neurally mediated cough induction, and reduction in sense of smell. (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)

CEO compensation has received much attention from both academics and regulators. However, academics have given scant attention to understanding judgments about CEO compensation by third parties such as investors. Our study contributes to the ethics literature on CEO compensation by examining whether judgments about CEO compensation are influenced by two aspects of a company’s tone at the top—social ties between the CEO and members of the Executive Compensation Committee and the CEO’s Reputation, particularly for financial reporting and disclosures. Although, stock (...) exchanges such as NASDAQ require ECC members to be independent, CEOs still may have social connections to the ECC. In addition, CEOs develop a reputation for the quality of their company’s financial reporting and disclosures. We expect both CEO Social Ties and CEO Reputation to impact say-on-pay judgments, and that fairness perceptions about the CEO compensation will mediate the relationship. We conduct an experiment to test our hypotheses. In this study, we employ a two by two experimental design where we manipulate CEO Social Ties with members of the ECC and CEO Reputation for the quality of financial reporting disclosures . Participants were MBA students who provided a say-on-pay judgment , and judgments about the fairness of the CEO’s compensation. Results indicate that CEO Social Ties affected participants’ say-on-pay judgments, which were fully mediated by their perceptions about fairness of the CEO’s compensation. Further, the CEO’s Reputation also affected participants’ say-on-pay judgments, which were fully mediated by their perceptions about fairness of the CEO’s compensation. Implications for research and public policy are presented. (shrink)

The late 20th century saw great movement in the philosophy of language, often critical of the fathers of the subject-Gottlieb Frege and Bertrand Russell-but sometimes supportive of (or even defensive about) the work of the fathers. Howard Wettstein's sympathies lie with the critics. But he says that they have often misconceived their critical project, treating it in ways that are technically focused and that miss the deeper implications of their revolutionary challenge. Wettstein argues that Wittgenstein-a figure with whom the critics (...) of Frege and Russell are typically unsympathetic-laid the foundation for much of what is really revolutionary in this late 20th century movement. The subject itself should be of great interest, since philosophy of language has functioned as a kind of foundation for much of 20th century philosophy. But in fact it remains a subject for specialists, since the ideas are difficult and the mode of presentation is often fairly technical. In this book, Wettstein brings the non-specialist into the conversation (especially in early chapters); he also reconceives the debate in a way that avoids technical formulation. The Magic Prism is intended for professional philosophers, graduate students, and upper division undergraduates. (shrink)

The Substitution Anomaly is the failure of intuitively coreferential expressions of the corresponding forms “that S” and “the proposition that S” to be intersubstitutable salva veritate under certain ‘selective’ attitudinal verbs that grammatically accept both sorts of terms as complements. The Substitution Anomaly poses a direct threat to the basic assumptions of Millianism, which predict the interchangeability of “that S” and “the proposition that S”. Jeffrey King has argued persuasively that the most plausible Millian solution is to treat the selective (...) attitudinal verbs as lexically ambiguous , having distinct meanings associated with the different sorts of complement terms. In opposition this approach, I argue that there are independent reasons for maintaining the univocality of these verbs and that this can be done while accommodating the Substitution Anomaly and without sacrificing the transparency of the relevant attitude ascriptions. In particular, I show how, by employing an extended version of Edward Zalta’s system of intensional logic for abstract objects, one can construct for a regimented fragment ℜ of English containing the relevant vocabulary a semantical theory ℑ which (a) treats ℜ’s selective attitudinal verbs as univocal, (b) regards genuine terms as occurring transparently under such verbs in sentences of ℜ, and yet (c) predicts the occurrence of the Substitution Anomaly in ℜ. (shrink)

In this article, I explore the field of metatheory with two goals. My first goal is to present a clear understanding of what metatheory “is” based on a collection of over twenty definitions of the term. My second goal is to present a preliminary investigation into how metatheory might be understood as a science. From that perspective, I present some strengths and weaknesses of our field and suggest steps to make metatheory more rigorous, more scientific, and so make more of (...) a contribution to the larger community of the social sciences. (shrink)

This paper develops — within an axiomatic theory of properties, relations, and propositions which accords them well-defined existence and identity conditions — a sententialist-functionalist account of belief as a symbolically mediated relation to a special kind of propositional entity, theproxy-encoding abstract proposition. It is then shown how, in terms of this account, the truth conditions of English belief reports may be captured in a formally precise and empirically adequate way that accords genuinely semantic status to familiar opacity data.