This paper argues that judges assessing the scientific validity and the legal admissibility of forensic science techniques ought to privilege testing over explanation. Their evaluation of reliability should be more concerned with whether the technique has been adequately validated by appropriate empirical testing than with whether the expert can offer an adequate description of the methods she uses, or satisfactorily explain her methodology or the theory from which her claims derive. This paper explores these issues within two specific contexts: latent (...) fingerprint examination and the use of breath tests for the detection of alcohol. Especially in the forensic science arena, I suggest courts have often been seduced by superficially plausible explanations and descriptions of a technique or method, and permitted these to serve as a substitute for empirical testing. Thinking through these two examples illustrates both why evaluating the extent of testing should be the most important method by which courts assess reliability, and why, when other forms of explanatory evidence are readily available, we may nonetheless elect to make use of them. This paper suggests that these descriptions and explanations may at times usefully supplement evidence of testing, but should not generally be substituted for it. Finally, this paper embraces a kind of evidentiary pragmatism, in which the quantum of evidence required to establish legal reliability is determined not in the abstract, but in relation to the evidence that is, or ought to be, available as a result of reasonable research and investigation. (shrink)

There is growing interest in the processes by which entrepreneurial opportunities are cocreated between entrepreneurs and their stakeholders. The longitudinal case study of de novo firm Wakefield Seafoods seeks to understand the underlying dynamics of phenomena that play out over time as stakeholders emerge and their contributions become essential to the opportunity formation process. The king crab data show that under conditions of uncertainty, characterized by incomplete or missing knowledge, entrepreneurial processes of experimentation, failure, and learning were effective in forming (...) and exploiting an opportunity. Moreover, contrary to existing literature that either emphasizes heroic entrepreneurs or downplays their value, this article shows that both the vision of the entrepreneur and the stakeholder contributions are critical. This detailed examination of process data shows that the cumulative actions made by entrepreneurs in concert with their stakeholders formed an opportunity that coalesced into a new market. (shrink)

Recent, well-publicized scandals, involving unethical conduct have rekindled interest in academic misconduct. Prior studies of academic misconduct have focussed exclusively on situational factors (e.g., integrity culture, honor codes), demographic variables or personality constructs. We contend that it is important to also examine how␣these classes of variables interact to influence perceptions of and intentions relating to academic misconduct. In a sample of 217 business students, we examined how integrity culture interacts with Prudence and Adjustment to explain variance in estimated frequency of (...) cheating, suspicions of cheating, considering cheating and reporting cheating. Age, integrity culture, and personality variables were significantly related to different criteria. Overall, personality variables explained the most unique variance in academic misconduct, and Adjustment interacted with integrity culture, such that integrity culture had more influence on intentions to cheat for less well-adjusted individuals. Implications for practice are discussed and future research directions are offered. (shrink)

Without proper recognition of the dual pandemics of COVID-19 and racism that Asian Americans and other racial minorities in the United States are facing, we cannot successfully address structural b...

This article considers how race and gender shape latina and Latino paths to school success in college. A purposive sample of successful high school and college students was selected. Through interviews, fieldwork, and school records, the researchers find that Latinas navigate successfully through negative stereotypes by maintaining positive definitions of themselves and by emphasizing their group membership as Latina. Young Latino men also see themselves as part of a larger cultural group but tend to have less positive racial and ethnic (...) identities than women do. Typically, they are supported by mentors, such as white athletic coaches, and tend to draw from the meritocratic ethos of sports, regarding their success in individualistic terms. While successful Latinas do not assimilate in the ways predicted by the literature, the young men in this study accept the individualistic and meritocratic ethos of the dominant culture, but with a psychological price. (shrink)

Lapses in ethical conduct by those in corporate and public authority worldwide have given business researchers and practitioners alike cause to re-examine the antecedents to personal ethical values. We explore the relationship between ethical values and an individual’s long-term orientation or LTO, defined as the degree to which one plans for and considers the future, as well as values traditions of the past. Our study also examines the role of work ethic and conservative attitudes in the formation of a person’s (...) long-term orientation and consequent ethical beliefs. Empirically testing these hypothesized relationships using data from 292 subjects, we find that long-term perspectives on tradition and planning indeed engender higher levels of ethical values. The results also support work ethic’s role in fostering tradition and planning, as well as conservatism’s positive association with planning. Additionally, we report how tradition and planning mediate the influence of conservatism and work ethic on the formation of ethical values. Limitations of the study and future research directions, as well as implications for business managers and academics, are also discussed. (shrink)

Why do we find agents less blameworthy when they face mitigating circumstances, and what does this show about philosophical theories of moral responsibility? We present novel evidence that the tendency to mitigate the blameworthiness of agents is driven both by the perception that they are less normatively competent—in particular, less able to know that what they are doing is wrong—and by the perception that their behavior is less attributable to their deep selves. Consequently, we argue that philosophers cannot rely on (...) the case strategy to support the Normative Competence theory of moral responsibility over the Deep Self theory. However, we also outline ways in which further empirical and philosophical work would shift the debate, by showing that there is a significant departure between ordinary concepts and corresponding philosophical concepts, or by focusing on a different type of coherence with ordinary judgments. (shrink)

As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment’s protection for commercial speech and previous gutting of the Federal Trade Commission’s authority pose barriers to restricting food marketing to children. However, false, unfair, and deceptive acts and practices remain subject to regulation and provide an avenue to address marketing to young children, modern practices that have evaded regulation, and gaps in the food and beverage (...) industry’s self-regulatory approach. (shrink)

Women-led political organizations that employ feminist and nationalist ideologies and operate as separate from, rather than associated with, male-dominated or patriarchal nationalist groups are both significant and under-explored areas of gender, feminist, and nationalism studies. This article investigates the feminist and nationalist vision of the Revolutionary Association of the Women of Afghanistan (RAWA). RAWA exemplifies an effective political movement that intersects feminist and nationalist politics, where women are active, rather than symbolic, participants within the organization, and help to shape an (...) ideological construction of the Afghan nation. RAWA subsequently links its struggle for women's rights (through feminism) with its nationalist goals for democracy and secularism. This article also analyses RAWA's use of conservative nationalist methods to reproduce the future of the organization and to develop ‘citizens’ for its idealized nation, while countering existing patriarchal social and familial structures through a re-configuration of women's roles in the family, community, and nation. This inquiry is based on geographic and feminist examinations of RAWA's organizational structure, literature, and political goals obtained through content analyses of RAWA's political literature and through interviews with RAWA members and supporters living as refugees in Pakistan in the summer of 2003 and winter of 2004/05. RAWA is an instructive example of counter-patriarchal and nationalist feminist politics that questions patriarchal definitions of the nation and its citizenry by reconfiguring gender norms and redefining gender relations in the family as a mirror of the nation. (shrink)

Becoming a Candidate: Political Ambition and the Decision to Run for Office explores the factors that drive political ambition at the earliest stages. Using data from a comprehensive survey of thousands of eligible candidates, Jennifer L. Lawless systematically investigates what compels certain citizens to pursue elective positions and others to recoil at the notion. Lawless assesses personal factors, such as race, gender and family dynamics, that affect an eligible candidate's likelihood of considering a run for office. She also focuses (...) on eligible candidates' professional lives and attitudes toward the political system. (shrink)

This paper shares findings of a qualitative project exploring teacher candidates’ reflections on their own social studies inquiry teaching using video capture and annotation technology (VCAT). Teacher candidates’ annotated video and written reflections were collected and analyzed. Findings include important understandings of teacher candidates’ scholarship-aligned recognitions of strengths and areas for growth as well as areas where they had underdeveloped or novice negotiated conceptions of inquiry-centered instruction.

RÉSUMÉ : J’affirme que les normes sémantiques, y compris les normes mathématiques pour l’addition, sont réelles. Ces normes sont régies par des pratiques sociales d’attribuer aux autres et d’entreprendre soi-même la signification, et cet aspect sociale obscurci l’objectivité des normes. L’attribution par Kripke d’un paradoxe sceptique, quant à la possibilité de suivre une règle, relève d’une conception de la normativité selon laquelle les pratiques sociales sont insuffisantes pour autoriser les normes sémantiques. Or, une conception de la normativité qui prend comme (...) point de départ que les êtres humains font partie du monde, détrône cette idée fausse ainsi que le scepticisme sémantique qu’elle soutien. (shrink)

This special issue of Science, Technology, & Human Values contains articles concerned with ethics in and around scientific practice. These articles ask how organizational routines both produce and diffuse concerns about the risks and benefits of scientific research and products, and why context remains elusive in formal ethical analysis. These cases are from diverse settings, with several touching on issues of economic inequality and participation in scientific research. Each article describes in some way how cultural and institutional configurations shape ethical (...) thinking and the distribution of goods and harms in science. (shrink)

Cesario's critiques and suggestions for redesigning social psychology experiments echo Dahl's call for developmental researchers to use experimental and naturalistic methods in a complementary manner for understanding children's development. We provide examples of how naturalistic observations can rectify Cesario's missing flaws for developmental studies investigating children's social biases and help researchers derive theories they can then experimentally test.

In response to the obesity epidemic, much discussion in the public health and child advocacy communities has centered on restricting food and beverage marketing practices directed at children. A common retort to appeals for government regulation is that such advertising and marketing constitutes protected commercial speech under the First Amendment. This perception has allowed the industry to function largely unregulated since the Federal Trade Commission 's foray into the topic, termed KidVid, was terminated by an act of Congress in 1981. (...) The FTC has since focused on self-regulation as a potential solution to such concerns. However, this method of control has proven ineffective to protect children, and has led to growing recognition that federal regulation may be necessary.Since KidVid, the evidence has only mounted that children are uniquely vulnerable to the effects of advertising. Over the same time period, the exposition of commercial speech jurisprudence has plateaued, as the Supreme Court has not decided a pure commercial speech case since 2002. (shrink)

Businesses often attempt to demonstrate their commitment to diversity, equity, and inclusion (DEI) by showcasing women in their leadership ranks, most of whom are white. Yet research has shown that organizations confer status and power to women who engage in sexist behavior, which undermines DEI efforts. We sought to examine whether women who engage in racist behavior are also conferred relative status at work. Drawing on theory and research on organizational culture and intersectionality, we predicted that a white woman who (...) expresses anti-Black racism is conferred more status in the workplace than a white woman who does not. A pilot study (N = 30) confirmed that making an anti-Black racist comment at work was judged to be more offensive than making no comment, but only for a white man, not a white woman. Study 1 (N = 330) found that a white woman who made an anti-Black racist comment at work was conferred higher status than a white woman who did not, whereas the opposite held true for a white man, with perceived offensiveness mediating these effects. Study 2 (N = 235) revealed that a white woman who made an anti-racist/pro-Black Lives Matter comment was conferred lower status than a white woman who did not, whereas the opposite held true for a white man. Finally, Study 3 (N = 295) showed that people who endorse racist and sexist beliefs confer more status to a white man than to a white woman regardless of speech, but that people low in racism and sexism confer the highest status to a white woman who engages in anti-Black racist speech. These studies suggest that white women are rewarded for expressing support for beliefs that mirror systemic inequality in the corporate world. We discuss implications for business ethics and directions for future research. (shrink)

This chapter recalls not only what Arendt says about judgment, but also of how she herself goes about judgment by revisiting her judgment of Adolf Eichmann and his trial. By calling attention to the theatrical quality of the Israeli House of Justice and the trial staged there, Arendt subtly underlines a claim she makes at the beginning of Eichmann in Jerusalem, a claim that is not often considered by critics but one that introduces an argument for which Arendt's account of (...) the trial continues to receive much criticism. The claim is that a trial resembles a play. The argument is that the trial in Jerusalem was a failure. (shrink)

Literary fiction gives us a window into ourselves and into those who may seem most unfamiliar to us. We therefore have a moral imperative to read, just as, as psychotherapists, we have a moral imperative to listen. Literary study teaches us to read closely, to listen for structure as well as content, and it also instructs us about different ways of paying attention. Inversely, because the practice of psychotherapy values connection and process, rather than simply interpretation, it shows us how (...) we can bring ourselves more fully to literature. In this paper I propose ways of engaging the field of phenomenological psychology in this dialectical relationship of literature and psychotherapy. By using as a case study a recent experience of teaching Aimee Bender’s (2000) novel An Invisible Sign of My Own in an interdisciplinary seminar on literature and psychology, I illustrate how literature and clinical discourses can inform and challenge each other as we seek to understand the meaning and lived experience of neuroses. I argue that the very act of reading can give the reader the sense and structure of experience that, if explored in a dialogal context, helps us gain access to phenomena that is neither simply self-generated nor simply observed in the other. I term this access evocation: A response that is a calling forth of the reader’s own lived experiencing. Indo-Pacific Journal of Phenomenology , Volume 12, Special Edition July 2012. (shrink)

National governments have signed and ratified over three thousand International Investment Agreements (IIAs), which for the first time give multinational firms standing to sue host governments in international arbitration tribunals. IIAs have led to a host of high-profile and controversial legal disputes that have led to claims that investor state arbitration may be impeding governments in their ability to regulate and to protect their citizens’ well-being, a phenomenon known as “regulatory chill.” To understand the normative implications of regulatory chill, I (...) analyze investor state arbitration over tobacco in Australia and Latin America. I examine legislative discussions over possible regulatory changes in Australia and Uruguay, the two cases that have faced disputes over tobacco laws, as well as in Latin American countries that provide access to the legislative debates and had legislative initiatives that sought to strengthen tobacco legislation. These cases demonstrate that tobacco packaging laws in a number of countries have been delayed or reduced as a result of fears of potential arbitration among the government and legislators. This regulatory chill is normatively problematic as it suggests that states may be giving up more of their regulatory authority than they initially believed they would have to under IIAs. (shrink)

Living with cancer: a state of perpetual emergency -- Notes -- References -- PART IV: Environmental aesthetics and resistance -- 12. The great turning -- 13. The underestimated power effects of the discourses and practices of the food justice movement -- Pessimist premise -- General system failure -- The transformative strength of the three Foucaults -- How practices and discourses of the food justice movement illustrate the three Foucaults -- The biopolitical disaster of industrial agriculture -- Via Campesina: peasant knowledge, (...) land and power -- Urban agriculture: eaters' resistance and practices for a new food system -- Slow Food: putting eaters' culture back into "agriculture" -- Conclusion: get your hands dirty! -- Acknowledgements -- References -- 14. Interrogating the neoliberal biopolitics of the sustainable development-resilience nexus -- The political genealogy of sustainable development -- From security to resilience -- The disastrous and politically debased subject of resilience -- Conclusion: development contra neoliberalism? -- References -- 15. The aesthetics of triage: Towards life beyond survival -- Mechanism of a triage -- Photographic triage -- The cinematic triage -- Beyond survival -- References -- 16. End piece: Dealing with disastrous life -- Extra/ordinary disasters -- Dread life -- Towards a new critical framework? -- References -- Index. (shrink)

John Zaller's finding that members of the public usually follow elites' cues may seem normatively disturbing. If true, it might be taken to obviate the need for democracy or to show that elites are manipulating the public. However, as long as the public sometimes fails to follow elites, we can judge cases of public followership according to independent criteria, such as whether the public's occasional rebellions against elite opinion further liberal-democratic or utilitarian purposes. A review of some prominent cases of (...) mass followership of and mass divergence from elite opinion suggests that public opinion that is independent of elite leadership is neither an unmitigated good nor an unmitigated problem for a well-ordered polity. (shrink)

This paper is one of four interrelated action papers resulting from the 2008 National Summit on Legal Preparedness for Obesity Prevention and Control. Summit participants engaged in discussions on the current state of the law with respect to obesity, nutrition and food policy, physical activity, and physical education. Participants also identified gaps in the law at all jurisdictional levels and relevant to numerous sectors and disciplines that have a stake in obesity prevention and control.The companion paper, “Assessment of Laws and (...) Legal Authorities for Obesity Prevention and Control,”identified numerous laws and policies enacted to target the three domains of healthy lifestyles, healthy places, and healthy societies. That paper identified several gaps in the law that require attention and action. This paper addresses those gaps and presents applicable laws and legal authorities that public health professionals and lawyers can consider to implement to close the gaps. (shrink)

I explore both the potential and the perils of Twitter as a space for constituting a Deweyan public aimed at transforming how "we" (here, I mean not only citizens of the United States but global citizens) affectively receive and thereby respond to and resist sexual violation. In the course of this brief exploration, I operate with a pragmatic notion of "truth," namely, as democratically formulating a hypothesis concerning the nature of a social problem that enables fruitful amelioration of the problem. (...) I specifically focus on the viral #WhyIDidntReport Twitter campaign provoked by Brett Kavanaugh's Supreme Court hearing. (shrink)

The authors, one a trained geneticist and the other a trained ethicist, designed and team-taught a bioethics course where nineteen third- and fourth-year undergraduate students were enrolled at Aquinas College in Grand Rapids, Michigan, during the fall 2016 semester. The syllabus, including democratically-chosen ethical debate topics, peer-led student working groups, and varied assessment methods were novel aspects of the course. The students, being either philosophy or biology majors or minors, successfully completed the course and indicated being highly satisfied with the (...) course at its completion. Although there were limitations to a course such as this one, educators at similar small liberal arts institutions could offer a bioethics course by following our suggestions, including collaborative teaching and assessment and incorporating students’ preferences into the scheduled curriculum. (shrink)

Legal and ethical concerns have been raised since the inception of the commercial mug shot website industry in the United States. These issues include the violation of the presumption of innocence, privacy interests, humiliation, extortion, and sensationalizing crime. These websites lend comparison to Bedlam asylum, which allowed visitors to mock and humiliate the patients. The popularity of these websites renders it essential that the legality and ethics of these websites be reevaluated. The deontological and utilitarian perspectives offer converging assessments regarding (...) the need to regulate the industry and to modify the practices of law enforcement agencies and news organizations. (shrink)

This article is an exploration of the differences between science and technology studies and the history of technology, taken as independent intellectual fields. The differences range from stylistic and professional, to matters of theory, narrative, and inference. These make true interdisciplinarity challenging, although scholars do bridge the disciplines. Both provide important resources for critical technological literacy by promoting historical thinking and by providing tools for exploring reflexivity by the social contextualization of scholarly activities and knowledge production in general.

Self-compassion is a mechanism of symptom improvement in post-traumatic stress disorder, however, the underlying neurobiological processes are not well understood. High levels of self-compassion are associated with reduced activation of the threat response system. Physiological threat responses to trauma reminders and increased arousal are key symptoms which are maintained by negative appraisals of the self and self-blame. Moreover, PTSD has been consistently associated with functional changes implicated in the brain’s saliency and the default mode networks. In this paper, we explore (...) how trauma exposed individuals respond to a validated self-compassion exercise. We distinguish three groups using the PTSD checklist; those with full PTSD, those without PTSD, and those with subsyndromal PTSD. Subsyndromal PTSD is a clinically relevant subgroup in which individuals meet the criteria for reexperiencing along with one of either avoidance or hyperarousal. We use electroencephalography alpha-asymmetry and EEG microstate analysis to characterize brain activity time series during the self-compassion exercise in the three groups. We contextualize our results with concurrently recorded autonomic measures of physiological arousal, parasympathetic activation and self-reported changes in state mood and self-perception. We find that in all three groups directing self-compassion toward oneself activates the negative self and elicits a threat response during the SC exercise and that individuals with subsyndromal PTSD who have high levels of hyperarousal have the highest threat response. We find impaired activation of the EEG microstate associated with the saliency, attention and self-referential processing brain networks, distinguishes the three PTSD groups. Our findings provide evidence for potential neural biomarkers for quantitatively differentiating PTSD subgroups. (shrink)

This paper offers a close reading of PAW Media animation My Name is Danny. Drawing across a growing body of recent Central and Western Desert experimental cinema, this paper asks what is at stake in the turn to animation. Rather than escapism or otherworldly fabrications which have little to do with lived experience of the “real,” animation in this context has potent everyday exigencies and politics. The capacity for bringing to life literally – animate – is here linked to the (...) primacy of a sentient landscape; an object world already alive and enlivened with motion, movement, sensation. The question for contemporary filmmaking is how to engage country and its viscera today. How to keep country/ancestor/story alive literally through sentient forms of affective exchange; a project which animation, as this paper will explore, uniquely provides. Drawing on the phenomenology of Merleau-Ponty and Deleuze, as well as the animation theory of Cholodenko, Lemarre and others, this paper argues for a radical reconsideration of animation not as incompatible with tradition but in fact as facilitating traditional ontologies of affect and sensation in a national context of remote Aboriginal Australia “under occupation.”. (shrink)

The menopause transition is associated with an increased risk of depressed mood. Preliminary evidence suggests that increased sensitivity to psychosocial stress, triggered by exaggerated perimenopausal estradiol fluctuation, may play a role. However, accurately quantifying estradiol fluctuation while minimizing participant burden has posed a methodological challenge in the field. The current pilot project aimed to test the feasibility of capturing perimenopausal estradiol fluctuation via 12 weekly measurements of estrone-3-glucuronide (E1G), a urinary metabolite of estradiol, using participant-collected urine samples in 15 euthymic (...) perimenopausal women ages 45-55 years. Furthermore, it aimed to correlate E1G fluctuation (standard deviation across the 12 E1G measurements) with weekly mood and cardiovascular, salivary cortisol, and subjective emotional responses to the Trier Social Stress Test (TSST) at weeks 4, 8 and 12. Protocol acceptability and adherence was high; furthermore, E1G fluctuation was positively associated with anhedonic depressive symptoms and weekly negative affect. E1G fluctuation was also associated with increased heart rate throughout the TSST as well as higher levels of rejection, anger, and sadness. E1G fluctuation was not significantly associated with TSST blood pressure or cortisol levels. This study suggests a feasible method of assessing estradiol fluctuation in the menopause transition and provides support for the hypothesis that perimenopausal estradiol fluctuation increases sensitivity to psychosocial stress and vulnerability to depressed mood. (shrink)