In 2012, Loyola University Chicago's Stritch School of Medicine became the first medical school in the United States to actively recruit and accept undocumented immigrants who received protections granted under the Deferred Action for Childhood Arrivals program that was established by presidential memorandum. By 2016, sixty-one medical schools were considering applications from DACA recipients for admission, and more than 110 students applied. According to the Association of American Medical Colleges, sixty-five DACA recipients matriculated in U.S. medical schools in the (...) 2016–2017 school year. These students contribute both diversity and talent to our medical community; they could also have a significant impact on the care of underserved and immigrant populations. The recent decision by the Trump administration to rescind DACA therefore comes with serious pragmatic and ethical ramifications, impeding our medical community's efforts to develop a diverse and representative workforce committed to improving access to quality care for all patients. (shrink)

To explore the limits of quantification as a form of rationalization, we examine a rare case of dequantification: race-based affirmative action in undergraduate admissions at the University of Michigan. Michigan adopted a policy of holistically reviewing undergraduate applications in 2003, after the US Supreme Court ruled unconstitutional its points-based admissions policy. Using archival and ethnographic data, we trace the adoption, evolution, and undoing of Michigan’s quantified system of admissions decision-making between 1964 and 2004. In a context (...) in which opponents of the system had legal avenues to engage a powerful outside authority, we argue that three internal features of the University’s quantified admissions policy contributed to its demise: its transparency, the instability of the categories it quantified, and the existence of qualitative alternatives. Our analysis challenges the presumed durability and inevitability of quantification by identifying its vulnerabilities and suggests that quantification should be understood as a matter of degree rather than a simple binary. (shrink)

The paper deals with a temporal multi-agent logic TMAZ, which imitates taking of decisions based on agents' access to knowledge by their interaction. The interaction is modelled by possible communication channels between agents in special temporal Kripke/Hintikka-like models. The logic TMAZ distinguishes local and global decisions-making. TMAZ is based on temporal Kripke/Hintikka models with agents' accessibility relations defined on states of all possible time clusters C(i) (where indexes i range over all integer numbers Z). The main result provides (...) a decision algorithm for TMAZ (so, we prove that TMAZ is decidable). This algorithm also solves the satisfiability problem. In the final part of the paper, we consider the admissibility problem for inference rules in TMAZ, and show that this problem is decidable for TMAZ as well. (shrink)

Leveling the Playing Field examines the admissions policies of contemporary American colleges and universities in light of the assumption that enhancing the educational opportunities of lower-income and minority students would make American society more just. The book evaluates controversies about such issues as the nature of merit, the missions of universities, affirmative action, the role of standardized tests, legacy preference, early decision, financial aid, the test-prep industry, and athletics.

This valuable resource provides academic and student affairs practitioners with the tools to make informed legal and ethical decisions in their college and university contexts. Law is constantly changing and is interpreted differently from campus to campus based on institutional culture and history. This text provides higher education practitioners with tools to anticipate practical and responsible action, engaging readers in anticipatory and reflective practice. In this text, Boettcher and Salinas introduce the Institutional Intelligence Model, a helpful framework that (...) guides practitioners in examining a wide variety of campus issues. Throughout the book, readers can explore perspectives from current practitioners and utilize case studies to examine specific topics including admissions, academics, student living, confidential resources, and graduate student experiences. By using the strategies in this book, practitioners will be equipped to successfully navigate legal and ethical issues on their campuses. This text is ideal for graduate students, student and academic affairs professionals, and those in leadership positions responsible for working with and supporting students and staff teams. (shrink)

There have been few empirical studies into what non-medical factors influence physicians and nurses when deciding about admission and discharge of ICU patients. Information about the attitudes of healthcare professionals about this process can be used to improve decision-making about resource allocation in intensive care. To provide insight into ethical problems that influence the ICU admission and discharge process, we aimed to identify and explore ethical dilemmas healthcare professionals are faced with.

Background Individual physicians and physician-associated factors may influence patients’/surrogates’ autonomous decision-making, thus influencing the practice of do-not-resuscitate orders. The objective of this study was to examine the influence of individual attending physicians on signing a DNR order. Methods This study was conducted in closed model, surgical intensive care units in a university-affiliated teaching hospital located in Northern Taiwan. The medical records of patients, admitted to the surgical intensive care units for the first time between June 1, 2011 and December (...) 31, 2013 were reviewed and data collected. We used Kaplan–Meier survival curves with log-rank test and multivariate Cox proportional hazards models to compare the time from surgical intensive care unit admission to do-not-resuscitate orders written for patients for each individual physician. The outcome variable was the time from surgical ICU admission to signing a DNR order. Results We found that each individual attending physician’s likelihood of signing do-not-resuscitate orders for their patients was significantly different from each other. Some attending physicians were more likely to write do-not-resuscitate orders for their patients, and other attending physicians were less likely to do so. Conclusion Our study reported that individual attending physicians had influence on patients’/surrogates’ do-not-resuscitate decision-making. Future studies may be focused on examining the reasons associated with the difference of each individual physician in the likelihood of signing a do-not-resuscitate order. (shrink)

This article provides a framework for comparing meritocratic and affirmative action admissions policies. The context of the analysis is admissions to public universities; admission rules are evaluated as part of the public investment problem faced by a state government. Meritocratic and affirmative admissions policies are compared in terms of their effects on the level and distribution of human capital. I argue that (a) meritocratic admissions are not necessarily efficient and (b) affirmative action policies may be efficiency (...) enhancing relative to meritocratic ones. Both these claims, as well as their negations, depend on features of individual behavior for which there is little empirical evidence. The implications of this absence of evidence are then explored, with a focus on policy evaluation when equality and efficiency are both desiderata. I argue that standard statistical decision theoretic approaches do not apply to the affirmative action case, even if equality and efficiency are rendered commensurable based on a scalar payoff function. In this context, I suggest that a presumption for equality-enhancing policies leads to support for affirmative action, but I emphasize the contingent nature of this conclusion. Key Words: affirmative action • meritocracy • college admissions • efficiency. (shrink)

Background: The use of forced treatment and care of home-dwelling persons with dementia is a universally important topic. These patients are completely dependent on care from others to continue living at home. Aim: This study aimed to gain insights into formal decisions related to the forced treatment and care of home-dwelling persons with dementia. Design and sample: This is a cross-sectional study, based on formal decisions of forced treatment and care of home-dwelling persons with dementia in Norway between (...) 1 January 2015 and 31 December 2016. Methods: Descriptive statistical analysis. Statistically significant associations suitable for binary logistic regression were presented as odds ratios with 95% confidence intervals. Ethical considerations: Approved by The Regional Committee for Medical and Health Research Ethics, and by the Norwegian Center for Research. Results: We found 108 formal decisions of forced treatment and care of persons with dementia. Decisions of admission represented 57% of the data, other medical and safety decisions 27%, and assistance with activities of daily living 16%. In most cases, physicians were responsible for the decisions (77%), but nurses and family members were often involved. Discussion and conclusion: This study demonstrated a prevalence rate of formally documented decisions of forced treatment and care much lower than findings in previous studies. Poor documentation may constitute a risk for the safety and wellbeing of persons with dementia. Although physicians were usually responsible for the decisions, nurses and family members were often involved in the process. Family participation in forced treatment and care raises ethical dilemmas. More research on the experiences of nurses, persons with dementia and family members with forced treatment and care is needed to aid ethical, legal, and clinically challenging decision-making processes. (shrink)

BackgroundThe Life Extension Medical Decision law enacted on February 4, 2018 in South Korea was the first to consider the suspension of futile life-sustaining treatment, and its enactment caused a big controversy in Korean society. However, no study has evaluated whether the actual implementation of life-sustaining treatment has decreased after the enforcement of this law. This study aimed to compare the provision of patient consent before and after the enforcement of this law among cancer patients who visited a tertiary (...) class='Hi'>university hospital's emergency room to understand the effects of this law on the clinical care of cancer patients.MethodsThis retrospective single cohort study included advanced cancer patients aged over 19 years who visited the emergency room of a tertiary university hospital. The two study periods were as follows: from February 2017 to January 2018 (before) and from May 2018 to April 2019 (after). The primary outcome was the length of hospital stay. The consent rates to perform cardiopulmonary resuscitation (CPR), intubation, continuous renal replacement therapy (CRRT), and intensive care unit (ICU) admission were the secondary outcomes.ResultsThe length of hospital stay decreased after the law was enforced from 4 to 2 days (p = 0.001). The rates of direct transfers to secondary hospitals and nursing hospitals increased from 8.2 to 21.2% (p = 0.001) and from 1.0 to 9.7%, respectively (p < 0.001). The consent rate for admission to the ICU decreased from 6.7 to 2.3% (p = 0.032). For CPR and CRRT, the consent rates decreased from 1.0 to 0.0% and from 13.9 to 8.8%, respectively, but the differences were not significant (p = 0.226 and p = 0.109, respectively).ConclusionAfter the enforcement of the Life Extension Medical Decision law, the length of stay in the tertiary university hospital decreased in patients who established their life-sustaining treatment plans in the emergency room. Moreover, the rate of consent for ICU admission decreased. (shrink)

The number of admissions to hospitals of patients without a proxy decision maker is rising. Very often these patients need fairly immediate medical intervention for which informed consent—or informed refusal—is required. Many have recommended that there be a process in place to make these decisions, and that it include a variety of perspectives. People are particularly wary of relying solely on medical staff to make these decisions. The University Hospitals Case Medical Center recruits community members from (...) its Ethics Committee to serve on a subcommittee, the Patients Without Proxies (PWP) Committee, which works with medical staff during the decision-making process for these patients. Generally, the community members go to the bedside to observe patients. This article looks at how those unused to observing hospitalized patients who are sick and/or dying are affected, comparing them to mock jurors in a research study who are exposed to graphic photographs related to a fabricated crime scene. Judgments made by the mock jurors are affected by viewing such images. The personal experience of witnessing unfamiliar and shocking scenes affects their subsequent judgments. While it may be difficult to tease out whether observing patients causes PWP members to be benefited or harmed, they are affected by what they see. If a variety of perspectives is desirable to reduce possible bias or error, this article argues that at least one community member should refrain from seeing the patient in order to add a different and valuable voice to the decision-making process. Members of the subcommittee base their judgments on the various kinds of information available. Sometimes the things they see, hear, or feel may affect them particularly deeply, and affect their judgments as well. In this article I explore the idea that something like this may be happening in a particular kind of clinical ethics case consultation. (shrink)

I consider a puzzle that greatly preoccupies some people and mildly preoccupies others, while being of no interest to some at all: “How did those people get into an elite university?” Problems with writing faux Japanese fiction provide one explanation. Once skilled literary craftspeople have failed, one turns to others.

This book explores an undeveloped area in postmodern thought: organizational ethics. Ethical debates and analyses usually focus on a particular act or action, an actor, and/or how a secular society should address any of those particular persons or events. In the Post Modern age, ethical decisions and policies are characterized by moral and cultural pluralism. However, there is a second factor that complicates ethical and policy decisions even further. This book argues that in the postmodern age ethical (...) class='Hi'>decisions often need to be understood as part of the decision making of organizations and bureaucracies. Organizational decisions often have direct bearing on the choices made by individuals. Two areas that exemplify postmodern issue are the areas of health care and education. For example the decision making of Admissions Officers in American higher education, are influenced by decisions that have been made by the university about the size of the class and the diversity of the class. Health Care organizations make policy decisions that affect every aspect of a patient’s care from admission to treatment and the types of care that are or are not offered. Both education and health care are the object of the significant investment of resources, both areas are value laden in postmodern, pluralistic societies, and yet we do not have a comprehensive method to understand them or evaluate them. This book is of interest to bioethicists, physicians, nurses, health care policy students, educational policy experts, students and government regulators. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

This guide accompanies the following article(s): ‘Full Disclosure of the “Raw Data” of Research on Humans: Citizens’ Rights, Product Manufacturer’s Obligations and the Quality of the Scientific Database.’Philosophy Compass 6/2 (2011): 90–99. doi: 10.1111/j.1747‐9991.2010.00376.x Author’s Introduction Securing consent (and informed consent) from patients and research study participants is a key concern in patient care and research on humans. Yet, the legal doctrines of consent and informed consent differ in their applications. In patient care, the judicial doctrines of consent and informed (...) consent are disclosure doctrines based on the obligation of physicians to inform their patients of the following types of information: the nature of the procedure the physician is recommending in the patent’s care (P), the alternatives to the physician‐recommendation (A), and the risks of procedure and its alternatives (R). In addition, the physician must provide truthful answers to the patient’s questions (Q) to the best of the physician’s abilities. In research on humans, the onus of disclosure by study sponsors and principal investigators is much greater than in patient care precisely because the purpose of research is not patient care. The purpose of research is the identification and development of new generalizable knowledge. Thus, participation in a research study or trial may not benefit the study volunteer at all. In addition, the participant may carry a heavy risk burden in relationship to any testing of a newly designed drug or device as part of their experiences in the research study. Presently, despite the risks borne by the research study participant, the raw data collected from volunteers in research trials are treated by courts as if they were the private property of the study sponsor rather than generally owed to the public as would be expected by an effort like research participation aimed at contributing to the development of generalizable knowledge. This paper reviews the obligations that study sponsors owe to their study participants based on the very definition of research as a systematic activity whose purpose is to develop generalizable knowledge to help all humans. Author Recommends Court cases Canterbury v. Spence, United States Court of Appeals, District of Columbia Circuit 464 F.2d 772 (1972). (Federal appellate decision heard in the District of Columbia, USA) Reibl v. Hughes, 2 S.C.R. 880 (1980). (Supreme Court of Canada) Rogers v. Whitaker, 175 C.L. R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Canterbury v. Spence is the landmark Federal informed consent case in the United States heard in the District of Columbia. In this case, Judge Spottswood Robinson articulated the reasonable person standard of informed consent. This standard was subsequently adopted by the Supreme Court of Canada (Reibl v. Hughes, 2 S.C.R. 880 (1980)) and the High Court of Australia (Rogers v. Whitaker, 175 C.L. R. 479 (1992)). The House of Lords rejected the reasonable person standard in England in Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985). Book Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. This book is a detailed guide for the review of scientific and ethical aspects of research on humans contained in the research study protocols and research informed consent forms which need to be submitted by study sponsors and principal investigators to institutional review boards (IRBs) for IRB review before a research study can receive approval to be conducted within a human study population in those institutions over which the IRB has authority. It also presents basic definitions in the area of research on humans and basic approaches to help conduct a deep review of the underlying scientific and ethical issues that are present within a research study protocol and its accompanying research informed consent form. Report National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). This U.S. National Commission in the Belmont Report argued for the necessity of a reasonable volunteer standard in research on humans in the United States. Arguing that the professional standard and the reasonable person standard of consent and informed consent were insufficient to base a disclosure standard in research on humans, this National Commission developed the reasonable volunteer standard where a study participant is to be approached in research informed consent with that information that a reasonable volunteer would want to know. Online Materials Belmont Report: Syllabus Topics for Lecture and Discussion Week I: Introduction and Overview Readings: Rogers v. Whitaker, 175 C.L.R. 479 (1992). (High Court of Australia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week II: The Different Standards of Consent and Informed Consent Readings: Canterbury v. Spence, 464 F.2d 772 (1972). (Federal appellate opinion heard in the District of Columbia) Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital and Others. 1 A.C. 871 (1985) (House of Lords) Week III: Definition of Research Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 2 and 3) Week IV: How to Review a Research Study Protocol and Research Informed Consent Form Reading: Mazur, Dennis J. The Science and Ethics of Research on Humans. Baltimore, MD: Johns Hopkins University Press, 2007. (Especially Chapters 4–6, 10, and 12–14) Week V: Obligations in Research of Humans Versus Patient Care Reading: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Belmont Report: Ethical Guidelines for the Protection of Human Subjects of Research. Washington, DC: DHEW Publications, 1978 (78‐0012). Focus Questions • How do the judicial doctrines of consent in England and Australia compare to the judicial doctrines of informed consent in the United States and Canada? • How does a professional standard of disclosure differ from a reasonable person standard of disclosure? • What is the definition of research? • How is a research study (study proposal and research informed consent form) reviewed from scientific and ethical bases for considerations of approval by an IRB? • How do the obligations of a study sponsor, a principal investigator, and a research team conducting a research trial on human study participants differ from the obligations of a physician caring for a patient? • Should all raw data of research derived from humans be made available to the public for use in developing generalizable knowledge to help others, or should raw data be considered the private property of the study sponsors (for example, prescription drug manufacturers), who fund the research trials? Seminar/project Idea Draw a timeline of the development of the basic concepts of consent and informed consent in patient care and in patient research. On this timeline, first place the dates of the key court cases in England, the United States, Canada, and Australia on consent and informed consent. Then place the date of the development of the Belmont Report. Why do differences exist between these four countries in terms of the legal requirements of informedness of a patient (in medical care) and a study participant (in medical research)? What roles if any do the concepts of self‐determination and self‐decision have in consent and informed consent in patient care and in informed consent in research on humans among the four countries of interest? What are the realities of research on human participants that require a new standard of informed consent, the reasonable volunteer standard, to be developed beyond the two standards in patient care, the professional standard, and the reasonable person standard? Counterpoint Arguments The following are counterpoint arguments that need to be appreciated to more fully understand the concepts that impact the thesis that ‘raw data’ should be open to the public to allow the opportunity of checking of the results of its associated scientific paper and for further analysis. De‐Identified (Anonymized) Raw Data A current approach to identifying (anonymizinig) raw data is based on the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104‐191). HIPAA was enacted by the U.S. Congress in 1996 to keep a person’s medical information private. In a research study, a person’s private medical information can become research data. HIPAA’s Privacy Rule allows a covered entity to de‐identify data by removing all 18 elements that could be used to identify the individual or the individual’s relatives, employers, or household members; these elements are enumerated in the Privacy Rule. The covered entity must also have no actual knowledge that the remaining information could be used alone or in combination with other information to identify the individual who is the subject of the information. Under this method, the identifiers that must be removed are the following: 1 Names. 2 All geographic subdivisions smaller than a state, including street address, city, county, precinct, ZIP Code, and their equivalent geographical codes, except for the initial three digits of a ZIP Code if, according to the current publicly available data from the Bureau of the Census: 2a. The geographic unit formed by combining all ZIP Codes with the same three initial digits contains more than 20,000 people. 2b. The initial three digits of a ZIP Code for all such geographic units containing 20,000 or fewer people are changed to 000. 3 All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, and date of death, and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older. 4 Telephone numbers. 5 Facsimile numbers. 6 Electronic mail addresses. 7 Social security numbers. 8 Medical record numbers. 9 Health plan beneficiary numbers. 10 Account numbers. 11 Certificate/license numbers. 12 Vehicle identifiers and serial numbers, including license plate numbers. 13 Device identifiers and serial numbers. 14 Web universal resource locators (URLs). 15 Internet protocol (IP) address numbers. 16 Biometric identifiers, including fingerprints and voiceprints. 17 Full‐face photographic images and any comparable images. 18 Any other unique identifying number, characteristic, or code, unless otherwise permitted by the Privacy Rule for re‐identification. Even though ‘raw data’ can be de‐identified (anonymized) so that there is no way to trace back the data to the study participant from which it was drawn, there are still questions whether the ‘de‐identified raw data’ can be given to other researchers or made public without the original study participant’s approval. It may be the case that this approval could be done at the start of any research study where the individual considering study participation would be counseled on what the process of de‐identification consists of and would be asked whether the participant would allow use of the data by other researchers or made available to the public in a de‐identified state. However, there may be questions of the study participants as to whether the data are truly de‐identified and untraceable back to the study participant since the participant would not be able to see the process actually being carried out in detail in all relevant circumstances. Using Raw Data in Context Simply being in possession of raw data is never enough to build on that data from a research perspective. Researchers need to understand the context of the scientific research study in which the data were collected. This research context includes (but is not limited to): (i) the scientific hypothesis of the research study, (ii) the inclusion and exclusion criteria selected by the research designers of the study to determine which study participants were included and which were excluded from the study, (iii) the methods used to collect the data and possibilities of errors in the data collection processes, and (iv) answers to questions regarding whether any data were excluded from the study data and why these data were excluded. Ownership Rights Over Data There are ownership rights over data. Ownership rights include court decision making related to the question which parties are to be considered as the owners of the data. Possible owners here include (but are not limited to) (i) the study sponsor whose only role was to fund that study, (ii) the principal investigator(s) who developed the scientific hypothesis, and (iii) individual study participants through special contracts made by individual participants who negotiate such contracts with study sponsors and principal investigators to share in the ownership of data. Examples of such data are participant sources of unique gene lines or unique cell lines to be used in future research. Objections to Data Sharing Finally, individual researchers may simply object to sharing data. A researcher’s arguments here may be simply stating that he or she has a right to fully analyze the data since the collection of the data was the researchers’ idea in the first place. These researchers may argue that they have the right to mine the data as fully as they can before deciding to make the data open to the public for others to analyze. Works Cited 1 Kaiser, J. ‘Making Clinical Data Widely Available.’Science 322.5899 (10 Oct. 2008): 217–8. 2 de Lusignan, S., J.F. Metsemakers, P. Houwink, V. Gunnarsdottir, and J. van der Lei. ‘Routinely Collected General Practice Data: Goldmines for Research? A Report of the European Federation for Medical Informatics Primary Care Informatics Working Group (EFMI PCIWG) from MIE2006, Maastricht, The Netherlands.’Informatics in Primary Care 14.3 (2006): 203–9. 3 Sim, I. ‘Human Studies Database Project’, CTSA Data Repositories Symposium (17 Oct. 2008). 23 Nov. 2010. 4 Sim, I., C.G. Chute, H. Lehmann, R. Nagarajan, M. Nahm, and R.H. Scheuermann. ‘Keeping Raw Data in Context.’Science 323.5915 (6 Feb. 2009): 713. 5 U.S. Department of Health and Human Services, National Institutes of Health, HIPAA Privacy Rule, Information for Researchers. 13 Nov. 2010. 6 Wilczynski, N.L., R.B. Haynes, and Hedges Team. ‘EMBASE Search Strategies for Identifying Methodologically Sound Diagnostic Studies for Use by Clinicians and Researchers.’BMC Medicine 29.3 (March 2005): 7. (shrink)

_CHOICE Outstanding Academic Title 2022__ In this thought-provoking volume, editors Rebecca M. Taylor and Ashley Floyd Kuntz invite readers to explore the many facets of on-campus ethical dilemmas and the careful, nuanced decision-making processes required to address them._ Taylor and Kuntz demonstrate how to apply collaborative, multidisciplinary, philosophical inquiry to deeply complex issues. They present seven normative case studies focusing on a variety of campus quandaries, from urgent matters such as Title IX violations and free speech in social media policy (...) to long-simmering concerns such as admissions and access and the future of historically Black colleges and universities. The editors then bring together a diverse group of scholars and practitioners with a broad array of disciplinary and personal backgrounds to offer their commentary and insight on the cases. Leaders in higher education are under immense pressure to respond to campus crises quickly, to quell controversy, and to avoid the backlash of public scrutiny in an ever-shifting sociopolitical terrain. Yet, in tension with such pressures, adequate responses to these dilemmas require leaders to make ethical, contextual choices that effectively foster inclusion, respect individual and institutional freedoms, and promote equity. Expanding the scope of inquiry, the contributors challenge underlying assumptions, raise points that had been omitted from the original cases, and imagine alternative solutions. _Ethics in Higher Education_ appeals to readers to do the same, in the interest of advancing ethical decision-making on campuses. (shrink)

In this paper1 we study admissible consecutions in multi-modal logics with the universal modality. We consider extensions of multi-modal logic S4n augmented with the universal modality. Admissible consecutions form the largest class of rules, under which a logic is closed. We propose an approach based on the context effective finite model property. Theorem 7, the main result of the paper, gives sufficient conditions for decidability of admissible consecutions in our logics. This theorem also provides an explicit algorithm for recognizing such (...) consecutions. Some applications to particular logics with the universal modality are given. (shrink)

ExcerptFew U.S. Supreme Court decisions in living memory have combined a widespread expectation in verdict with a broad aggrievement of impact as dynamically as SFFA v. Harvard. Anyone remotely concerned with the fortunes of higher education in North America would have had good reason to believe, on or before June 29, 2023, that the “special consideration” of race in university admissions had reached its best-buy date. The key predictive decisions twenty years earlier—Grutter v. Bollinger and Gratz (...) v. Bollinger—tolled the clock. In the Bollinger cases, several justices opined that, a quarter century out, affirmative action policies might no longer be necessary in university admissions to even the score for the racially disadvantaged. The majority in SFFA changed might to must with five years to spare. (shrink)

As Medicine shifts from a paternalistic practice to a patient-centered approach, the concept of medical informed consent (IC) has evolved to safeguard patient autonomy. However, its current implementation still presents many challenges in clinical practice. We assessed the knowledge and attitudes of the general Lebanese population regarding the IC process as well as their sociodemographic and medical correlates. An anonymous online survey was distributed to the Lebanese population using social media channels. A sample of 500 adults with an average age (...) of 36.2 ± 13.5 years, including 319 females and 181 males, was recruited. Most of the respondents had a university degree (85.8%), reported previous hospital admissions (75.9%) and had signed an IC for surgical procedures (40.7%). Few participants were knowledgeable about IC Lebanese law. Variability in knowledge level was significantly related to gender and a previous hospitalization history. Positive attitudes toward patient autonomy (53.1%) and shared decision-making (57.5%) correlated with older age, female gender, graduate education, and a previous history of signing an IC document. Males were more likely to believe that IC has positive effects on health than females. This is the first study that provides novel findings regarding Lebanese peoples’ awareness of the ethico-legal components of medical IC. (shrink)

Dual-processes theories of cognition implicitly assume universality of the human mind. However, research has shown that large-scale differences exist in thinking styles across cultures. Thereby, the universality of the effects found in Western samples remains an open empirical question. Here, we explored whether effects predicted by prospect theory, such as the framing effect, would be observed in a sample of 312 Bulgarian students. Overall, the size of the framing effect was smaller than in the original studies. Most notably, we failed (...) to reproduce the framing effect in the famous Asian Disease problem, using a rating response format. In a between-subjects design, decision- making performance was completely independent of university admission grades. We propose that studying the size of the effects across cultures is needed in order to establish the effects’ level of universality. More broadly, we suggest ways in which knowledge of cultural settings can help elaborate or test dual-process predictions. (shrink)

This article argues that the University of Cape Town's decision to downgrade the relevance of race in student admissions set off a series of events and discourses that culminated in the “Rhodes Must Fall” protest movement. While the protest movement was ostensibly about the removal of Cecil John Rhodes's statue from the grounds of the university grounds, the campaign galvanized other sectors of the Black community on campus to demand transformation of the curriculum and the hiring of (...) Black professors. The ensuing racial fault lines among students, members of staff, and the administration debunked the notion that class mattered more than race in South African politics. This article argues for an approach that views race as a set of historical experiences that should be reflected in the curriculum and the hiring of more Black professors at UCT and other predominantly white universities. (shrink)

Teacher emotion has become an important issue in English language teaching as it is a crucial construct in understanding teachers' responses to institutional policies. The study explored teachers' emotion labor and its impact on teachers' pedagogical decision-making in English for Specific Purposes teaching in a university of Traditional Chinese Medicine in China. Drawing on a poststructural perspective, the study examined data from two rounds of semi-structured interviews, policy documents and teaching artifacts. The analysis of data revealed that the major (...) emotion labor facing the participants revolved around students' disengagement in class. Teachers experienced mixed feelings of anticipation, disappointment, anger, and empathy toward students and distanced themselves from institutional feeling rules enforcing objective assessment of students' performance and punishing students for lack of engagement in class. The study found that teacher emotion labor served as the site for their pedagogical modifications. ESP teachers' beliefs in the importance of attending to students' needs become a powerful discourse in supporting teachers to strategically subvert institutional feeling rules and critically reflect on the dysfunctions of curriculum, orienting teachers' agentic actions in modifying pedagogical practices. We thus underscore this empowering discourse as the bridge to connect teachers' policy negotiation and their actual classroom practices. We also highlight teachers' pedagogical decision-making as a process of the interactions of teacher emotion, teachers' reflexive practices, and power relations. The study ended by suggesting more longitudinal research where teachers' beliefs as previously appropriated discourses could be examined comprehensively as they were both the construct of emotion labor and the potential subverting power in supporting teachers' pedagogical decision-making in policy negotiation. (shrink)

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...) view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. (shrink)

This grounded study investigated the negotiation of authorship by faculty members, graduate student mentors, and their undergraduate protégés in undergraduate research experiences at a private research university in the northeastern United States. Semi-structured interviews using complementary scripts were conducted separately with 42 participants over a 3 year period to probe their knowledge and understanding of responsible authorship and publication practices and learn how faculty and students entered into authorship decision-making intended to lead to the publication of peer-reviewed technical papers. (...) Herein the theoretical model for the negotiation of authorship developed through the analysis of these interviews is reported. The model identifies critical causal and intervening conditions responsible for the coping strategies faculty and students employ, which, in our study, appear to often produce unfortunate consequences for all involved. The undergraduate student researchers and their graduate student mentors interviewed in this study exhibited a limited understanding of authorship and the requirements for authorship in their research groups. The power differential between faculty and students, the students’ limited epistemic development, the busy-ness of the faculty, and the faculty’s failure to prioritize authorship have been identified as key factors inhibiting both undergraduate and graduate students from developing a deeper understanding of responsible authorship and publication practices. Implications for graduate education and undergraduate research are discussed, and strategies for helping all students to develop a deeper understanding of authorship are identified. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fear and Loathing in Academe:Gonzo Scholarship and the War Against TourismDaniel StempelIWhen I retired in 1985 I chose as my mantra an academic version of a famous general's farewell to his troops: "Old scholars never die—they just fade away into the stacks." Now that I am an octogenarian, I have faded away into total invisibility, but, like Tithonus, I am not inaudible. I hope my voice will be strident (...) enough to disturb the utopian dreams of a new generation, although I doubt that it will wake them from their dogmatic slumbers. My decision to return to the wars of intellect was occasioned by a chance discovery as I haunted the periodical stacks. I noted the name of an old friend in the title of an article and was surprised to find him pilloried as both a "liberal white Protestant" and a "white supremacist," terms which do not, in my experience, necessarily go together.The article, "Pacific Scholarship, Literary Criticism, and Touristic Desire: The Specter of A. Grove Day," written by Paul Lyons, a member of the University of Hawai'i English department's Cultural Studies group, uses bell, book, and candle of the new postcolonial faith in a rite of exorcism to dispel the evil influences of commercial tourism.1 As every exorcist knows, the rite demands that a demon must be called by his name and Lyons has chosen to demonize a deceased member of the English department. Grove Day came to Hawaii in 1944 and retired in 1969. He served as chairman from 1948 to 1953 and taught the course in Literature of the Pacific until his retirement in 1969. He began as a freelance writer long before he decided to enter graduate school at [End Page 95] Stanford and continued to publish more than fifty books on Hawaii and the Pacific. In 1979 he received the State Award for Literature. He died in 1994 in a plunge from an upper floor of a retirement home. Paul Lyons, by his own admission, came to Hawaii in 1990 knowing nothing of its history and culture but soon became a self-appointed authority on Hawaii, its colonial past and present, and its postcolonial future, eagerly embracing the ideas disseminated by the Center for Hawaiian Studies at the university.His article begins with a pretentious elaboration of the method he plans to use to raze the Potemkin village of tourism. Invoking the authority of Hegel on appearance and reality in a passage he has found cited by Žižek, he follows Dean MacCannell, who has adapted Erving Goffman's distinction between dramatic front and back: the entertaining scene presented to the tourist public contrasts with the backstage machinery of the stagehands who put it all together to deceive gullible visitors.2 He combines this with a quotation he has found in a book by William V. Spanos, the founder and former editor of Boundary 2, taken from a journalist's view of the Vietnam War, complaining that they had all been "deeply backgrounded." These are enlisted in the service of MacCannell's quest for "authenticity" as the touchstone of all encounters with other cultures, including the tourist experience.Had Lyons, instead of accepting MacCannell's interpretation of Goffman's early work, The Presentation of Self in Everyday Life (1959), taken a closer look at this witty and ironic study of social behavior in a small community in the Shetland Islands, he would have found that Goffman makes no judgment on the comparative authenticity of either front or back. He utilizes what may be called the J. Alfred Prufrock theory of interaction between individuals and the groups in which they find themselves: "There will be time, there will be time / To prepare a face to meet the faces that you meet...." MacCannell, in contrast, sees the tourist as a Tennysonian Ulysses in pursuit of a horizon of authenticity that recedes into infinity, "whose margin fades / Forever and forever as I move."Of course, the front/back and foreground/background binary oppositions and the insistence on authenticity are commonplaces rooted in the ubiquitous literary and philosophical tradition of "All the world's a stage" and require no... (shrink)

Current debates regarding justice in university admissions most often approach the question of access to university from a technical, policy-focussed perspective. Despite the attention that access to university receives in the press and policy literature, ethical discussion tends to focus on technical matters such as who should pay for university or which schemes of selection are allowable, not the question of who should go to university in the first place. We address the question of (...) university admissions—the question of who should go to university—from an ethical perspective. We find that most discussions draw on a generic conception of what the university is good for that is too thin to provide deliberative guidance and hold that a full account of the ethics of admissions needs to take into account the distinctive good that the university provides—knowledge and understanding. This view, we hold, does not imply that measures should not be taken to widen access to university; however, the basis for such measures should be grounded in that distinctive good in the first instance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Art Subjects: Making Artists in the American UniversityTheodore GracykArt Subjects: Making Artists in the American University, by Howard Singerman. Berkeley, Los Angeles, London: University of California Press, 1999, 296 pp., $19.95 paper.Howard Singerman's Art Subjects is a study of the training of visual artists in American universities from 1912 to the present. More precisely, the book is an account of how two philosophies ofeducation have competed (...) to inform that training. At the outset, Singerman announces that the book explores a long-standing "struggle between vision and language" (p. 10) that culminates with a decisive privileging of language. The book mimics its putative subject in at least one interesting way. As it was for art and the training of American artists in the twentieth century (at least on Singerman's account of them), so it is with the book. Each moves from a practice grounded in objective reality to a jargon-ridden discourse that limits entry to anyone outside of its acutely self-regarding disciplinary field. Although the book's acknowledgments segment thanks one individual for demanding thatSingerman "come to a real conclusion" for the book, readers should note Singerman's subsequent admission that it may not have one. At times it even appears that Singerman goes out of his way to avoid drawing one.Art Subjects appears to have started life as Singerman's doctoral dissertation, but it only occasionally displays the dull by-the-numbers writing of such documents. The book has a clear organization and its numerous quotations are carefully documented. The overall argument is framed, beginning and end, with Singerman's autobiography of his own time as a university art student. It provides him with his framing question: if he has a M.F.A. in sculpture but never learned to sculpt, what does his professional degree signify? The answer is that it indicates that his work is no longer facile. He has progressed from the realm of the artist whose work is professional, displaying facility, to the stage where he is professional. He has progressed to the point where being an artist is theartist's true subject: "Artists are the subject of graduate school; they are both who and what is taught" (p. 3). If this progression is best indicated by an artist's lack of facility in producing works of art, that is the price of professionalism. In the post-World War II university, art training is "founded on the primacy of theory over practice" (p. 181). Yet the result is professionalism without a clear profession other than as an employee of the post-World War II university: the M.F.A. prepares artists for the university discipline of art. Citing Foucault, Singerman seems satisfied that artists have taken command of a theoretical field. Disciplinary boundaries are created and policed by its rules of professional discourse. At the same time, Singerman declares his intention to "use the concept of the discipline as it constrains and structures discourses to keep from having to judge whether or not art is a profession" (p. 201). He likewise mentions [End Page 119] but does not take any stand on the "putative decline of recent art" (p. 210). This ongoing refusal to judge deprives the book of potentially interesting conclusions. It also calls into question Singerman's repeated references to the "self-criticality" of the discipline.Singerman's neutrality might berefreshing were it not for his use of Foucault to introduce the notion that each new "proposition" within the disciplinary discourse represents progress in a "theoretical field," moving "knowledge" forward. Talking about art (and not, to be sure, talking all that much about specific works of art) and talking about being an artist may or may not represent progress. For instance, Singerman's early chaptersmake the case that the triumph of artistic modernism must be understood as a repudiation of a "female" aesthetic and even of women as artists. Singerman returns to the topic ofwomen artists only once, to note Griselda Pollock's approval of the entry of feminism into the academic discipline of art. Thus Singerman is silent on the question of whether progress is made when the number of women is... (shrink)

Business students have long been noted for their differential proclivity to engage in academic misconduct. Unfortunately, the potential for misconduct has been exacerbated in recent years by rapid advances in technology, easy access to information, competitive pressures, and the proliferation of websites that provide students access to information that allows them to directly circumvent the learning process. Using a convenience sample of 631 students matriculating in various business majors at four U.S. universities and structural equations modeling procedures, this study assesses (...) the effects of psychological factors on business students’ propensities to utilize the services of homework assistance websites. Specifically, we examine how “Dark Triad” personality traits (i.e., narcissism, Machiavellianism, and psychopathy) interact with Fraud Diamond elements to influence student decisions to engage the services of these websites. We find that each Dark Triad trait exerts a significant influence on at least one of the Fraud Diamond elements, which in turn have a significant direct or indirect positive association with students’ reported intentions to utilize, and reported utilization of, these websites. (shrink)

In recent years, Chinese Generation Z has shown a strong enthusiasm for the Myers-Briggs Type Indicator (MBTI), often attributing academic or life challenges to their MBTI personality types. This study aims to explore the effects of MBTI on academic major selection, academic performance, and career decision-making among first-year university students in China. Data were collected from 203 freshmen across seven majors at a comprehensive university in Guangdong Province using MBTI personality test scales, peer evaluations, and an open-ended career (...) decision questionnaire. Statistical and correlation analyses were conducted using SPSS 27. The findings revealed that: (1) the Judging/Perceiving dimension is significantly correlated with structured disciplines; (2) Intuitive students tend to perform better academically; and (3) MBTI has a limited impact on career decision-making. These results suggest that while MBTI can offer insights into student preferences, its predictive power is constrained, especially in culturally and societally influenced contexts. Educators should take these factors into account when utilizing MBTI in academic settings and encourage students to explore career paths beyond their perceived personality constraints. (shrink)

We can distinguish two kinds of moral universalization tests for practical principles. One requires that the universal practice of the principle, i.e., universal conformity to it by all agents in a given world, satisfies some condition. The other requires that conformity to the principle by any possible agent, in any situation and at any time, satisfies some condition. We can call these universal practice and universal applicability tests respectively. The logical distinction between these tests is rarely appreciated, and many philosophers (...) systematically confuse them with each other. In practice, UP tests are more frequently used to defend deontological norms, while UA tests are used to defend consequentialist norms. Both conceptual argument and practical examples of their applications will show that UA tests are decisively superior to UP tests for grounding moral norms, casting greater doubt upon deontological theories which rely upon the latter unless they can reformulate their arguments using some version of a UA test. (shrink)

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. and Gratz v. Bollinger, 539 U.S. 244., the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the (...) more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants' race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action. (shrink)

Based on the author's award-winning and hugely popular undergraduate course at the University of Texas, this book explores these questions and the fundamentally sociological processes which underlie the quest for morality and justice in ...

In this article, I defend a proposal to cap the proportion of students admitted to elite colleges who were educated at elite, often private, schools to not more than the proportion of students who attend such schools in society as a whole. In order to defend this proposal, I draw on recent debates that pit principles of equality against principles of adequacy, and I defend the need for a pluralist account of educational fairness that includes both elements. I argue that (...) while equality best captures our convictions about unfairness in access to the instrumental and positional benefits of education, such as job prospects and college admission, adequacy best captures our convictions about unfairness in stunting the development of human talent and the intrinsic benefits of education. The proposal to cap the proportion of private school students at elite universities advances both of these, usually conflicting, principles because it permits unequal but efficient talent development through the vehicle of private tuition and elite schooling, and yet promises to seriously curtail the unfair positional instrumental benefits of private or elite schooling by having those students compete against each other and not students who did not attend elite schools. The policy also achieves its aim consistent with preserving some attractive aspects of parental choice. Towards the end of the article I consider a number of practical objections and an alternative proposal. (shrink)

An onslaught of ethically questionable actions by top government, business, and religious leaders during the 1980s has brought the issue of ethics in decision making to the forefront of public consciousness. This study examines the ethical orientation of university students in four decision-making situations. The dependent variable — ethical orientation toward work-related decisions — is measured through student responses to questions following four work-related vignettes. Possible responses to each vignette are structured to permit categorization of respondents into two (...) broad orientations: egoistic and ethical. Independent variables are academic major, ethics in business orientation, gender, and religiosity. Generally, students tended to choose an ethical orientation over an egoistic orientation in each vignette. Business majors were generally no less likely to choose an ethical orientation toward work-related decisions than nonbusiness majors. Respondents characterized by moral unity (belief in the consistency between general ethical principles and work-related ethical standards) were more likely to have an ethical orientation toward work-related decisions than those subscribing to the amoral theory of business. Females showed a consistent tendency to be more ethically oriented toward work-related decisions than males. Finally, respondents high on religiosity tended to be more ethically oriented. (shrink)

Background The first COVID-19 wave started in February 2020 in France. The influx of patients requiring emergency care and high-level technicity led healthcare professionals to fear saturation of available care. In that context, the multidisciplinary Ethics- Support Cell (EST) was created to help medical teams consider the decisions that could potentially be sources of ethical dilemmas. Objectives The primary objective was to prospectively collect information on requests for EST assistance from 23 March to 9 May 2020. The secondary aim (...) was to describe the Cell’s functions during that period. Research design This observational, real-time study of requests for Cell consultations concerned ethical dilemmas arising during a public health crisis. The EST created a grid to collect relevant information (clinical, patient’s/designated representative’s preferences and ethical principles strained by the situation), thereby assuring that each EST asked the same questions, in the same order. Participants and research context Only our university hospital’s clinicians could request EST intervention. Ethical considerations The hospital Research Ethics Committee approved this study (no. CER-2020-107). The patient, his/her family, or designated representative was informed of this ethics consultation and most met with EST members, which enabled them to express their preferences and/or opposition. Findings/results 33 requests (patients’ mean age: 80.8 years; 29 had COVID-19: 24 with dyspnea, 30 with comorbidities). 17 Emergency Department solicitations concerned ICU admission, without reference to resource constraints; others addressed therapeutic proportionality dilemmas. Discussion Intervention-request motives concerned limited resources and treatment intensity. Management revolved around three axes: the treatment option most appropriate for the patient, the feasibility of implementation, and dignified care for the patient. Conclusions COVID-19 crisis forced hospitals to envisage prioritization of ICU access. Established decision-making criteria and protocols do not enable healthcare professionals to escape ethical dilemmas. That acknowledgement highlights ethical risks, enhances the added-value of nursing and encourages all players to be vigilant to pursue collective deliberations to achieve clear and transparent decisions. (shrink)

The article examines the practice of the applicability of the Article 18 of the International Covenant on Civil and Political Rights (hereinafter—ICCPR) and Article 9 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter—ECHR). Through the case—law of the European Court on Human Rights (hereinafter—ECtHR) and insights of the Human Rights Committee the author is investigating the content and limits of the freedom of religion. The article examines in detail the limiting clauses to the freedom of belief (national (...) security, public order, public health, public morals) and the possibility to apply derogation clause. The author comes to the conclusion that due to the complexity of this right it is difficult to forecast the future developments of this right. The jurisprudence of the ECtHR is numerous as well as the decisions of the Court are often accompanied by dissenting opinions. Moreover, some potential cases related to the freedom of religion are not considered by the ECtHR as the admissibility criteria are not met. Therefore the author looks forward to the forthcoming jurisprudence of both—regional and universal human rights bodies. (shrink)

In its classical conception, game theory aspires to be a determinate decision theory for games, understood as elements of a structurally specified domain. Its aim is to determine for each game in the domain a complete solution to each player's decision problem, a solution valid for all real-world instantiations, regardless of context. "Permissiveness" would constrain the theory to designate as admissible for a player any conjecture consistent with the function's designation of admissible strategies for the other players. Given permissiveness and (...) other appropriate constraints, solution sets must contain only Nash equilibria and at least one pure-strategy equilibrium, and there is no solution to games in which no symmetry invariant set of pure-strategy equilibria forms a Cartesian product. These results imply that the classical program is unrealizable. Moreover, the program is implicitly committed to permissiveness, through its common-knowledge assumptions and its commitment to equilibrium. The resulting incoherence deeply undermines the classical conception in a way that consolidates a long series of contextualist criticisms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TOWARDS A 'MATERIALIST' CRITIQUE OF 'RELIGIOUS PLURALISM': A POLEMICAL EXAMINATION OF THE DISCOURSE OF JOHN lliCK AND WILFRED CANTWELL SMITH KENNETH SURIN Duke University Durham, North Oarolina HE FACT THAT thinkers of such different theologia.I persuasions as David Tracy and John Hick regard hemsel¥es as 'religious' and (or) 'theological pluralists ' serves to indicate that ' pluralism ' must itself be irreducibly 'plural.' In this paper I shall (...) confine my attentions to the version of ' pluralism ' advertised in the writings of John Hick and, to a lesser extent, in those of Wilfred Cantwell Smith. I am proposing, in other words, to make the assumption that what Hick and Cantwell Smith say, and assume tacitly, about 'pluralism ' will apply, mutatis mutandis, to other versions or manifestations of 'pluralism' which have features in common with the position espoused hy Hick and Cantwell Smith. I should perhaps conclude this prefatory section of my paper by saying that the thrust of my argument will :be polemical, an admission which will probably not excuse the aggressive tone of some of my remarks. John Hick has written movingly about the 'spiritual pilgrimage ' (his term) which.brought him to the kind of Christian self-understanding that came to he articulated in his 'Copernican theology of world religions,' a self-understanding in which a ' Christ-centered' picture of the universe of faiths has givcen 1way to one that is ' God-centered.' 1 It is Hick's con1 For Hick's account of his 'spiritual pilgrimage,' see God Has Many Names (London: Macmilla.n, 1980), pp. 1-5; and the essay 'Three Contro655 656 KENNETH SURIN tention that the diversity of l"eligious and cultural traditions necessitates '... a paradigm shift from a Christianity-centered or Jesus-centered to a God-centered model of the universe of faiths.' 2 In making this ' paradigm shift,' ' one... sees the great world religions as different human responses to the One divine Reality, embodying different perceptions which have been formed in diffe:vent historical and cultural circumstances.' 3 Given Hick's espousal of the autobiographical mode when prefacing his many presentations of the third ' Copernican revnlution,' it could plausibly be al"gued that these presentations are perhaps best seen as a kind of narrative, in this case a secondary narrative-one constituting an abstract second -order discourse-whose typical and primary function in this instance is that of a theological 'sense-making.' Hick's theology, we are suggesting, is a ' sense-making ' narrative which ranges over the more immediately personal, first-order narratives recounting his decisive encounter with the cultural and religious realities that prevailed in Birmingham when he went to live there a couple of decades ago. The themes, categories, al"guments, etc., of Hick's 'philosophy of world religions ' can thus,be said to constitute him as a narrative character, in this case a character who of course features in his own narratives. Now the emergence of narrative characters reversies ' which introduces his recently-published collection Tke Problem of Religious Pluralism (London: Macmillan, 1985), pp. 1-15..A similar 'Godcenteredness ' is evinced in Wilfred Cantwell Smith, Tke Meaning and End of Religion: A Revolutionary Approaak to tke Great Religious Traditions (London: SPCK, 1978), pp. 170-92. Note especially the remark which concludes the chapter titled "Faith": 'The traditions evolve. Men's faith varies. God endures ' (p. 192). The subtitle to this book is somewhat misleading, because there is nothing recognizably 'revolutionary' about it. Cantwell Smith's work is a tepid liberal corrective to the 'exclusionary' discourse sponsored by certain strands of Christianity and the hegemonic 'Western' culture in which these strands are socially legitimated. 2 God Has Many Names, p. 6. s Loa. ait..A similar emphasis on religious traditions as 'historical constructs ' is to be found in Cantwell Smith, Tke Meaning and Iilnd of Religion, pp. 154ff. RELIGIOUS PLURALISM 657 quires historical and social preconditions, and my purpose in this paper will be to conduct an examination of the particular historical and social preconditions that have to he assumed if the ' religious pluralist' in general, and John Hick in particular, are to emerge as narrative cha.racters.4 In his 'Author's Introduction' (1920) to the 'Collected Essays on the Sociology of... (shrink)

This study investigates the relationship among ethical philosophy, thinking style, and managerial ethical decision-making. Based on the premise that business ethics is a function of culture and time, we attempt to explore two important questions as to whether the national differences in managerial ethical philosophies remain over time and whether the relationship between thinking style and ethical decision-making is consistent across different national contexts. We conducted a survey on Korean managers’ ethical decision-making and thinking style and made a cross-cultural, cross-temporal (...) comparison with the results presented by previous studies that surveyed Korean and US managers with the same questionnaire at different points in time. Our analysis revealed that Korean managers have become more reliant on rule utilitarianism for ethical decision-making over the last two decades, which is dominantly used by US managers, corroborating our convergence hypothesis built on social contracts theory. However, as opposed to previous research, we found that managers with a balanced linear and nonlinear thinking style do not necessarily make more ethical decisions compared to those with a predominantly linear or nonlinear thinking style. This study contributes to international business ethics literature by presenting a theoretical framework that may explain the convergence of ethical philosophies employed by managers in different national contexts over time, and that the relationship between thinking style and managerial ethical decision-making may not be universal, but contingent on contextual factors. (shrink)

University psychology and sociology researchers rated the likelihood they would engage in misconduct as described in 9 research scenarios, while also making moral judgments and rating the likelihood of discovery and sanctions. Multiple regression revealed significant effects across various scenarios for moral judgment as well as shame and embarrassment on reducing misconduct. The effects on misconduct of the perceived probability of sanctions were conditioned on moral judgments in some scenarios. The results have implications for how universities address the prevention, (...) detection, and sanctioning of research misconduct. (shrink)