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2011

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Full-Text Articles in Philosophy

De Rechtsstaat In Cyberspace?, Mireille Hildebrandt Dec 2011

De Rechtsstaat In Cyberspace?, Mireille Hildebrandt

Mireille Hildebrandt

Cyberspace is inmiddels overal. Wat tien jaar geleden misschien nog een aparte niet-fysieke wereld leek waar niemand wist dat je een hond was, gaat steeds meer lijken op een verzameling onderling verbonden dorpspleinen. Met dien verstande dat alles wat iedereen doet permanent wordt opgenomen, opgeslagen en doorzocht op betekenisvolle patronen. Steeds meer personen, organisaties maar ook dingen raken verbonden via het internet. De Internationale Telecommunicatie Unie sprak in 2005 van het ‘internet van de dingen’, om aan te geven dat binnen afzienbare tijd alles overal (‘everyware’) via draadloze identificatiesystemen traceerbaar is. Intussen raakt iedereen via de smartphone ‘always on(line ...


Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel Dec 2011

Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel

Richard A Grisel

The development of geothermal resources has been greatly hampered by the legal and institutional framework governing geothermal energy resources. This framework has been plagued by conflicting mining and water laws, anachronistic common law systems of property rights, problematic legal classifications of geothermal resources, and jurisdictional variances from state to state and between states and the Federal government. These issues have combined to significantly hinder the development of what will be a vital resource for our nation’s future energy needs.

This thesis concerns one way to address the suboptimal development of geothermal energy resources. Using the Federal acquisition of exclusive ...


Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash Dec 2011

Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash

Catalyst: A Social Justice Forum

It is often said that justice requires us to treat like cases alike. Accordingly, the U.S. refugee resettlement program provides all refugees—no matter where they are from, no matter their pasts—with very similar funding and services. Refugees, however, are far from alike. In this essay, I invoke Borgmann’s distinction between a “thing” and a “device” and draw on stories from my work with a resettlement agency to argue that our current, employment-driven system is in need of reform. Instead of being restricted to generic programs, refugee resettlement agencies should be funded to help each family achieve ...


Cognitive Agendas And Legal Epistemology, Danny Marrero Dec 2011

Cognitive Agendas And Legal Epistemology, Danny Marrero

Theses and Dissertations

The domain of legal epistemology is defined from two alternative perspectives: individual epistemology and Social epistemology. Since these perspectives have different objects of evaluation, their judgments privilege and exclude different sets of information. While methodological individualism is concerned with justified beliefs of individual knowers, the Social angle focuses on the institutional conditions of knowledge. I will show that the information that is respectively excluded by both the individual and the Social concepts of legal epistemology weaken their respective evaluations. With this in mind, I will explore one new option of defining legal epistemology. This alternative is more comprehensive, in the ...


The Impact Of Regulating Social Science Research With Biomedical Regulations, Brenda Braxton Durosinmi Dec 2011

The Impact Of Regulating Social Science Research With Biomedical Regulations, Brenda Braxton Durosinmi

UNLV Theses, Dissertations, Professional Papers, and Capstones

The Impact of Regulating Social Science Research with Biomedical Regulations Since 1974 Federal regulations have governed the use of human subjects in biomedical and social science research. The regulations are known as the Federal Policy for the Protection of Human Subjects, and often referred to as the "Common Rule" because 18 Federal agencies follow some form of the policy. The Common Rule defines basic policies for conducting biomedical and social science research. Almost from the inception of the Common Rule social scientists have expressed concerns of the policy's medical framework of regulations having its applicability also to human research ...


Holmes And Dissent, Allen P. Mendenhall Nov 2011

Holmes And Dissent, Allen P. Mendenhall

Allen Mendenhall

Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative ...


Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes Oct 2011

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we will ...


Does Sarbanes-Oxley Foster The Existence Of Ethical Executive Role Models In The Corporation?, Joan Heminway Oct 2011

Does Sarbanes-Oxley Foster The Existence Of Ethical Executive Role Models In The Corporation?, Joan Heminway

Joan M Heminway

If compliance with, or the efficacy of, Sarbanes-Oxley and other corporate governance initiatives requires that executives (or other firm leaders) be good ethical role models, then it is important to ask whether Sarbanes-Oxley - or any other attribute of existing corporate governance regulation - in fact promotes or permits the production or preservation of ethical role models in the executive ranks of public companies. An absence of support for ethical role models in public companies may signal the failure of broad-based federal corporate governance initiatives like Sarbanes-Oxley.

This Article assumes that ethical roles models may be important to the maintenance of good ...


Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey (Presentation), Anne Louise Schillmoller Oct 2011

Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey (Presentation), Anne Louise Schillmoller

Anne Schillmoller

A Powerpoint slide presentation which, through the use of images and geospatial metaphors, explores the human-animal binary.


La Presunción De Inocencia Como Proposición Sintética, Cesar A. Prieto Oct 2011

La Presunción De Inocencia Como Proposición Sintética, Cesar A. Prieto

Cesar A. Prieto

No abstract provided.


Free The Market. Peter J. Boettke. Spanish Translation, Mario Šilar Oct 2011

Free The Market. Peter J. Boettke. Spanish Translation, Mario Šilar

Mario Šilar

No abstract provided.


Communication And The Pragmatic Condition, Gregory J. Shepherd Oct 2011

Communication And The Pragmatic Condition, Gregory J. Shepherd

Center for the Study of Ethics in Society Papers

Presented March 9, 2011


Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, Taiwo Oriola Aug 2011

Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, Taiwo Oriola

Taiwo Oriola

Software vulnerabilities are inherent errors or mistakes in software programming and designs, and arguably the weakest link in digital information architecture with high propensity for rendering information systems infrastructure susceptible to compromise and hacking. Given the increasing reliance of the global economy on digital platforms with concomitant imperatives for securing sensitive intelligence, business and personal data, the need for continual corrective patch of perennially recurring critical software bugs is at once urgent and sacrosanct. This has precipitated research and a thriving market in software vulnerabilities, an integral element of the burgeoning multi-million dollars information security industry that epitomizes the externalization ...


Rights-Based Theories Of Accident Law, Gregory J. Hall Aug 2011

Rights-Based Theories Of Accident Law, Gregory J. Hall

Faculty Scholarship at Penn Law

This article shows that extant rights-based theories of accident law contain a gaping hole. They inadequately address the following question: What justifies using community standards to assign accident costs in tort law?

In the United States, the jury determines negligence for accidental harm by asking whether the defendant met the objective reasonable person standard. However, what determines the content of the reasonable person standard is enigmatic. Some tort theorists say that the content is filled out by juries using cost benefit analysis while others say that juries apply community norms and conventions. I demonstrate that what is missing from this ...


Harsanyi 2.0, Matthew D. Adler Aug 2011

Harsanyi 2.0, Matthew D. Adler

Faculty Scholarship at Penn Law

How should we make interpersonal comparisons of well-being levels and differences? One branch of welfare economics eschews such comparisons, which are seen as impossible or unknowable; normative evaluation is based upon criteria such as Pareto or Kaldor-Hicks efficiency that require no interpersonal comparability. A different branch of welfare economics, for example optimal tax theory, uses “social welfare functions” (SWFs) to compare social states and governmental policies. Interpersonally comparable utility numbers provide the input for SWFs. But this scholarly tradition has never adequately explained the basis for these numbers.

John Harsanyi, in his work on so-called “extended preferences,” advanced a fruitful ...


Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach Jun 2011

Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010


Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa Jun 2011

Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15,2010.


The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard Jun 2011

The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.


Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society Jun 2011

Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University.


Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer Jun 2011

Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.


Diasporic Designs Of House, Home, And Haven In Toni Morrison's Paradise, Cynthia Dobbs May 2011

Diasporic Designs Of House, Home, And Haven In Toni Morrison's Paradise, Cynthia Dobbs

Cynthia Dobbs

No abstract provided.


Poverty Tourism, Justice And Policy, Kevin Outterson, Evan Selinger, Kyle Whyte May 2011

Poverty Tourism, Justice And Policy, Kevin Outterson, Evan Selinger, Kyle Whyte

Faculty Scholarship

Based on moral grounds, should poverty tourism be subject to specific policy constraints? This article responds by testing poverty tourism against the ethical guideposts of compensation justice, participative justice, and recognition justice, and two case descriptions, favela tours in Rocinha and garbage dump tours in Mazatlan. The argument advanced is that the complexity of the social relationships involved those tours requires policy-relevant research and solutions.


Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson Apr 2011

Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.


Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen Apr 2011

Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen

Festival of Communities: UG Symposium (Posters)

A primate having legal rights is a controversial topic these days. Many other countries around the world support the idea of great apes having legal rights, because we for one are one of the five great primates. Others do not support this trending topic as much as others. These types of people believe that great apes such as chimpanzees are superb testing animals for medical purposes, because of the fact that they are closely related to mankind. Organizations such as Great Ape Protection, work towards protecting the rights of these great apes since they cannot speak for themselves. In many ...


Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister Apr 2011

Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister

Faculty Scholarship at Penn Law

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention ...


How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal Jan 2011

How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal

Gregory Brazeal

Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace of ideas,” though he did not use the exact phrase and his argument for free speech was not based on distinctively economic reasoning. Truly economic investigations of the marketplace of ideas have progressed in step with developments and trends in the law and economics literature. These investigations have tended to be one-sided, with writers focusing primarily either on the production of ideas (for example, Posner) or their consumption (for example, behavioral law and economics), without considering in depth how producers and consumers interact. This may ...


Law00520 Philosophy Of Law, 3rd Edition, Anne Schillmoller Jan 2011

Law00520 Philosophy Of Law, 3rd Edition, Anne Schillmoller

Anne Schillmoller

Philosophy, not jurisprudence Note that this is not a ‘jurisprudence’ unit. The reasons why will be discussed in detail in topic 1. Briefly, jurisprudence approaches questions about law from an ‘internal’ or ‘inside’ perspective, that is, one which seeks a conceptual basis for law from within law itself.This unit, however, aims to situate ideas about law and justice within a broader range of philosophical contexts. While traditional jurisprudence provides insights into particular theoretical movements within Anglo-Australian law, it fails to interrogatebroader philosophical frameworks or ‘external’ perspectives which inform thisjurisprudence. It is these broader frameworks which are the central concern ...


Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison Jan 2011

Purposeful Engagement Of First-Year Division I Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

This study examined the extent to which transitioning, first-year student-athletes engage in educationally sound activities in college. The sample included 147 revenue and nonrevenue first-year student-athletes who were surveyed at four large Division 1-A universities. Findings revealed that revenue and nonrevenue first-year student athletes differed regarding their academic and athletic identities. Transitioning revenue student-athletes rated themselves as having slightly higher athletic identities, yet lower academic identities compared to their nonrevenue counterparts. The findings from this study also indicated that the kinds of effective educational practices that first-year student-athletes engage in have a positive influence on their academic self-concept. These findings ...


Heidegger And The Essence Of Adjudication, George Souri Jan 2011

Heidegger And The Essence Of Adjudication, George Souri

George Souri

This paper presents an account of adjudication based on the philosophy of Martin Heidegger. As this paper argues, we can only hope to better understand adjudication if we recognize that adjudication is a socio-temporally situated activity, and not a theoretical object. Heidegger’s philosophical insights are especially salient to such a project for several reasons. First, Heidegger’s re-conception of ontology, and his notion of being-in-the-world, provide a truer-to-observation account of how human beings come to understand their world and take in the content of experience towards completing projects. Second, Heidegger’s account of context, inter-subjectivity, and common understanding provide ...


La Democracia Deliberativa A Debate, Leonardo García Jaramillo Jan 2011

La Democracia Deliberativa A Debate, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.