The devastating toll of gun violence has given rise to hundreds of lawsuits seeking justice on behalf of victims and their families. A significant number of challenges against gun companies, however, are blocked by courts' broad reading of the Protection of Lawful Commerce in Arms Act — a federal statute often interpreted to shield the gun industry from civil liability. This article reexamines PLCAA in light of the Supreme Court's recent federalism caselaw, which counsels courts to narrowly construe federal laws (...) that could otherwise upset the balance of power between states and the federal government. Since PLCAA infringes on traditional areas of state authority, the Supreme Court's federalism jurisprudence requires lower courts to interpret PLCAA narrowly, to not bar states from imposing negligence, nuisance, product liability, or other common law liability on gun companies. Reading PLCAA in line with federalism principles would preserve states' traditional authority over their civil justice laws, and enable gun violence victims, and their families, to hold gun companies responsible for wrongdoing. (shrink)

O presente ensaio tem por objetivo analisar a crítica de Nietzsche a historiografia moderna a partir da definição de romantismo proposta por Michel Lowy e Robert Sayre. Deste modo, intentamos compreender a crítica nietzschiana à História como um movimento de combate à própria modernidade, tomando a tragédia grega como o caminho para combater o historicismo e os problemas desencadeados pela doença histórica.

The origin of marine invertebrate larvae has been an area of controversy in developmental evolution for over a century. Here, we address the question of whether a pelagic “larval” or benthic “adult” morphology originated first in metazoan lineages by testing the hypothesis that particular gene co-option patterns will be associated with the origin of feeding, indirect developing larval forms. Empirical evidence bearing on this hypothesis is derivable from gene expression studies of the sea urchin larval gut of two closely related (...) but differently developing congenerics, Heliocidaris tuberculata (feeding indirect-developing larva) and H. erythrogramma (nonfeeding direct developer), given two subsidiary hypotheses. (1) If larval gut gene expression in H. tuberculata was co-opted from an ancestral adult expression pattern, then the gut expression pattern will remain in adult H. erythrogramma despite its direct development. (2) Genes expressed in the larval gut of H. tuberculata will not have a coordinated expression pattern in H. erythrogramma larvae due to loss of a functional gut. Five structural genes expressed in the invaginating archenteron of H. tuberculata during gastrulation exhibit substantially different expression patterns in H. erythrogramma with only one remaining endoderm specific. Expression of these genes in the adult of H. erythrogramma and larval gut of H. tuberculata, but not in H. erythrogramma larval endoderm, supports the hypothesis that they first played roles in the formation of adult structures and were subsequently recruited into larval ontogeny during the origin and evolution of feeding planktotrophic deuterostome larvae. (shrink)

A July, 1990, controversy in British Columbia, Canada, involved a set of audiotapes detailing an apparent abuse of power by the province's attorney general and a relationship between the attorney general and a member of the press. The controversy was covered extensively in local media. A discussion of relevant ethical issues is followed by an analysis of their coverage in the press. Recommendations are made for more effective handling of ethical issues by media organizations and more meaningful reporting of such (...) issues. (shrink)

The 2002 Dutch Euthanasia law applies to patients aged 12 years and older. Developments in end-of-life care and decision-making in the last decade have sparked the debate about usefulness and necessity to extend euthanasia to include children under 12 years of age. This paper describes two opposite positions: the affirmative position of a pediatrician and expert in pediatric palliative care and the negative position of a jurist and specialist in health law.

It has been argued repeatedly that the modern study of social and cultural evolution took its inspiration and form from Charles Darwin's Origin of Species and Descent of Man. In 1920, Robert H. Lowie observed that it was after evolutionary principles had been accepted in biology that they were applied to social phenomena, and that Lewis Henry Morgan was among the first to make the application. Sir James George Frazer, at about the same time, dated the birth of anthropology from (...) the promulgation of the evolution theory of Darwin and Wallace in 1859 and maintained that “this conception of evolution … supplies a basis for the modern science of anthropology.” Harry Elmer Barnes similarly traced the development of anthropology from the theory of organic evolution and advised the student that he “need not concern himself with the history of method in sociology before the entry of Darwinian concepts.”. (shrink)

This is a clear assessment of Hume's theories of the self and personal identity, including his famous Treatise on Human Nature . Pitson provides a critical exploration of his thinking, also examining the continuing relevance of Hume's theories for contemporary philosophy and relating it to his broader reflections on human nature itself. Divided into two parts, Pitson's study follows Hume's important distinction between two aspects of personal identity: the "mental" and the "agency". The first part discusses Hume's conception of the (...) mind as a "bundle" or "system" of perceptions and explores Hume's position on the traditional mind/body problem. In the second part Pitson examines a range of topics including Hume's treatment of character, the relationship between human and animal nature, and the nature of agency. (shrink)

Both the author and the date of this five-volume poem, the first Western document to link the houses of the zodiac with the course of human affairs, are uncertain. The author's name may be Marcus Manilius, or Manlius, or Mallius, and the latest datable event mentioned in the books themselves is the disastrous defeat of Varus' Roman legions by the German tribes in 9 CE. The writing shows knowledge of the work of Lucretius, but the work is not referred to (...) by any subsequent writer, suggesting that it was never widely disseminated. A manuscript was rediscovered by Poggio Bracciolini in 1416 or 1417, and editions were produced by Scaliger and Bentley, but this immensely erudite edition of 1903–1930 by the scholar and poet A. E. Housman is regarded as authoritative. Volume 4 describes the influence of the zodiacal signs on the people born under them. (shrink)

Both the author and the date of this five-volume poem, the first Western document to link the houses of the zodiac with the course of human affairs, are uncertain. The author's name may be Marcus Manilius, or Manlius, or Mallius, and the latest datable event mentioned in the books themselves is the disastrous defeat of Varus' Roman legions by the German tribes in 9 CE. The writing shows knowledge of the work of Lucretius, but the work is not referred to (...) by any subsequent writer, suggesting that it was never widely disseminated. A manuscript was rediscovered by Poggio Bracciolini in 1416 or 1417, and editions were produced by Scaliger and Bentley, but this immensely erudite edition of 1903–1930 by the scholar and poet A. E. Housman is regarded as authoritative. Volume 3 describes the working out of horoscopes. (shrink)

AT the conclusion of his recently published paper on Corinna1 Professor Page leaves open the question whether the poetess was a contemporary of Pindar or of Moschus-whether she belongs to the middle of the fifth century or the end of the third. He gives excellent reasons for believing that these two dates exhaust the possibilities: they are far more probable than a date either outside or between them; but there seems to be no sure criterion by which we can decide (...) between the two, and Professor Page has to end his researches with a suspension of judgement. (shrink)