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Selected Works

2012

Ethics

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Location-Based Intelligence – Modeling Behavior In Humans Using Gps, Katina Michael, Andrew Mcnamee, M G. Michael, Holly Tootell Dec 2012

Location-Based Intelligence – Modeling Behavior In Humans Using Gps, Katina Michael, Andrew Mcnamee, M G. Michael, Holly Tootell

Dr Holly Tootell

This paper introduces the notion of location-based intelligence by tracking the spatial properties and behavior of a single civilian participant over a two-week study period using a global positioning system (GPS) receiver, and displaying them on a geographic information system (GIS). The paper clearly shows the power of combining speed (S), distance (D), time (T) and elevation (E) data with the exact longitude and latitude position of the user. The issues drawn from the observation and the civilian’s personal diary are useful in understanding the social implications of tracking and monitoring objects and subjects using GPS. The findings show that …


Toward An Ethic Of Failure In Three Novels By Herman Melville, Elinore Faustino Dec 2012

Toward An Ethic Of Failure In Three Novels By Herman Melville, Elinore Faustino

Elinore Faustino

Herman Melville’s final novel The Confidence-Man destabilizes conventional Western models of ethical behavior, particularly Kantian notions of moral agency, by exposing and challenging their basis in rationality and a progressivist model of history. The Confidence-Man shows rationality to be nothing more than one way, among many other possible ways, that human beings attempt to fix the world in their understanding and justify their moral choices. I use these insights from The Confidence-Man to illuminate Melville’s opposition to the missionaries’ work of civilizing and Christianizing the South Seas islanders in his earlier travelogues. In Typee, his first novel, Melville demonstrates …


Invisible Hands, Andrew Sikula Sr. Nov 2012

Invisible Hands, Andrew Sikula Sr.

Andrew Sikula, Sr.

Why are economists often wrong in their predictions? Because they believe that individual behavior is motivated by money and that corporate activity is motivated by profits. In reality, desires and sense, not dollars and cents, determine performance.


Medical Malpractice Reform: A Societal Crisis Or Fear Marketing?, Phil Rutsohn, Andrew Sikula Sr. Nov 2012

Medical Malpractice Reform: A Societal Crisis Or Fear Marketing?, Phil Rutsohn, Andrew Sikula Sr.

Andrew Sikula, Sr.

This paper explores the primary issues surrounding the malpractice crisis currently facing the healthcare system and asks the question ‘is it truly a crisis or is it an effective marketing campaign waged by interested parties?’ The authors discuss the primary issues presented by both the supporters of tort reform and the opposition to tort reform. As is true for many issues in healthcare, final analysis suggests that tort reform is needed or not needed depends on the analysts' role in the system. The authors argue that the evidence suggests malpractice reform will produce desired results if the goal is to …


Ethical Considerations In The Marketing Of E-Health Products, Ashish Chandra, Andrew Sikula Sr., David P. Paul Iii Nov 2012

Ethical Considerations In The Marketing Of E-Health Products, Ashish Chandra, Andrew Sikula Sr., David P. Paul Iii

Andrew Sikula, Sr.

The internet is now recognised as a growing international phenomenon. All kinds of products and services are being marketed over the internet to consumers throughout the world because country borders no longer restrict conducting business in the international marketplace. Though there are several advantages of online commerce, this form of marketing does raise ethical dilemmas, particularly when it comes to marketing healthcare products and information to consumers internationally. This paper examines some of these potential ethical concerns and provides some strategies for consumers and online pharmaceutical marketers to handle these dilemmas more appropriately.


Theorizing Agency, Susan Carle Oct 2012

Theorizing Agency, Susan Carle

Susan D. Carle

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …


A Prolegomenon To The Relation Between Accounting, Language And Ethics, Cecil E. Arrington Oct 2012

A Prolegomenon To The Relation Between Accounting, Language And Ethics, Cecil E. Arrington

Ed Arrington

This essay outlines the preliminary structure of a moral ontology of accounting understood as discourse. To speak of an ontology of accounting is to speak of the most general features of accounting, those features of its existence that are present irrespective of variations in observed “accountings,” of ways in which accounting manifests itself in lived experience. To speak of a moral ontology is to construe those general features as products of human choices and actions which follow from axiological (value-based) commitments to pursue the good and just life, however that life might be understood, and indeed understood differently by different …


Australian Medical Students' Perceptions Of Professionalism And Ethics In Medical Television Programs, Roslyn Weaver, Ian G. Wilson Oct 2012

Australian Medical Students' Perceptions Of Professionalism And Ethics In Medical Television Programs, Roslyn Weaver, Ian G. Wilson

Ian G Wilson

Background: Medical television programs offer students fictional representations of their chosen career. This study aimed to discover undergraduate medical students’ viewing of medical television programs and students’ perceptions of professionalism, ethics, realism and role models in the programs. The purpose was to consider implications for teaching strategies. Methods: A medical television survey was administered to 386 undergraduate medical students across Years 1 to 4 at a university in New South Wales, Australia. The survey collected data on demographics, year of course, viewing of medical television programs, perception of programs’ realism, depiction of ethics, professionalism and role models. Results: The shows …


Falling From Grace: Understanding An Ethical Sanctioning Experience, Jane Warren Sep 2012

Falling From Grace: Understanding An Ethical Sanctioning Experience, Jane Warren

Jane Warren

Although an ethical sanction is viewed as an incredibly stressful event for professional counselors, the experience of being sanctioned is not well known. This article provides an overview of the sanctioning process, a discussion of professional silence, and a case example of a sanctioning experience for a counselor. The sanctioning experience is described in a 3-stage response sequence and is illustrated with journal entries from a sanctioned counselor. Response interventions for each stage are suggested, and implications for the counseling profession are offered.


Poisoning The Well, Or How Economic Theory Damages, Julie A. Nelson Sep 2012

Poisoning The Well, Or How Economic Theory Damages, Julie A. Nelson

Julie A. Nelson

Contemporary mainstream economics has widely “poisoned the well” from which people get their ideas about the relationship between economics and ethics. The image of economic life as inherently characterized by self-interest, utility- and profitmaximization, and mechanical controllability has caused many businesspeople, judges, sociologists, philosophers, policymakers, critics of economics, and the public at large to come to tolerate greed and opportunism, or even to expect or encourage them. This essay raises and discusses a number of counterarguments that might be made to the charge that current dominant professional practice is having negative ethical effects, as well as discussing some examples of …


Desire And Ethics, Ian M. Buchanan Sep 2012

Desire And Ethics, Ian M. Buchanan

Ian M Buchanan

This paper argues that it is problematic for the future of Deleuze studies that it is difficult if not impossible to answer the question `what is the right thing to do?' from a Deleuzian perspective. It then argues that one of the key reasons Deleuze studies has made limited progress in this area is its over-emphasis on desire and the corresponding tendency to extrapolate 'ought' from 'is', which as Hume showed is a category mistake. It proposes that to develop a workable ethical discourse from Deleuze's work we need to rethink how we read his work and approach it afresh.


Is Incapacity A Permanent Thing?, Shirley M. Neitch Sep 2012

Is Incapacity A Permanent Thing?, Shirley M. Neitch

Shirley M. Neitch

No abstract provided.


Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen Aug 2012

Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen

Dr Jennifer M Nielsen

Based on a paper presented at the Australasian Law Teachers Association Annual Conference, Victoria University of Wellington, Wellington, New Zealand, 4-7 July 1999 - stimulating debate amongst legal academics on the critique raised by indigenous Australians of 'pseudo-white experts' of western-oriented research methods and of research done 'about them' - little questioning or discussion within the literature by Australian academics of the ethics process in research or examination of ethics of research on indigenous issues - only a small number of those undertaking research into indigenous people are themselves indigenous Australians - the indigenous critique remains misunderstood by or unknown …


Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai Aug 2012

Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai

Robert L Tsai

As a body of work, the poetry of Langston Hughes presents a vision of how members of a political community ought to comport themselves, particularly when politics yield few tangible solutions to their problems. Confronted with human degradation and bitter disappointment, the best course of action may be to abide by the ethics of melancholy citizenship. A mournful disposition is associated with four democratic virtues: candor, pensiveness, fortitude, and self-abnegation. Together, these four characteristics lead us away from democratic heartbreak and toward political renewal. Hughes’s war-themed poems offer a richly layered example of melancholy ethics in action. They reveal how …


The Unbordered Borders, Winston Langley Jul 2012

The Unbordered Borders, Winston Langley

Winston E. Langley

Many have taken on the task of purportedly advancing the cause of human rights by abstractly reciting them and clamoring for their implementation. Some speak about one’s right to free speech and democracy, for example, with a convenient forgetting of the right to education, which can promote the type of dialogical encounter that is sponsoring of liberatory, integrative construction and reconstruction of self and human societies. Others champion the right to freedom, but not the right to food, careless of the fact that the hungry are un-free, left as they are to the crushing dictates of their bellies; and still …


2009 Ethical Considerations In Land Use, Patricia E. Salkin Jul 2012

2009 Ethical Considerations In Land Use, Patricia E. Salkin

Patricia E. Salkin

This article is one in a series of annual updates on reported cases and opinions in the area of ethics and land use regulation, A number of themes emerged from the round of litigation in the last year. The most surprising discovery was for a second year in a row, the number of reported cases involving allegations of unethical conduct on the part of land use attorneys. This article reviews these cases, as well as cases involving conflicts based on community involvement, familial relationships, employment and financial interests; and cases involving allegations of bias and prejudgment.


Crime Doesn't Pay And Neither Do Conflicts Of Interest In Land Use Decisionmaking, Patricia E. Salkin Jul 2012

Crime Doesn't Pay And Neither Do Conflicts Of Interest In Land Use Decisionmaking, Patricia E. Salkin

Patricia E. Salkin

Conflicts of interest, bias, and appearance of impropriety continue to plague players in the land use game whose conduct, as public sector officials, must be beyond reproach. This article provides an annual review of reported cases and opinions involving allegations of unethical conduct in land use decision making. Conflicts of interest cases focus on attorneys, and address issues including of counsel relationships, disqualification and fees. Conflicts based upon financial interests for board members are explored, as well as unique relationships that may arise when colleges and universities seek approvals. Criminal aspects of decision maker conduct are also reported. Appearance of …


Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin Jul 2012

Smart Ethics: Ethical Considerations In Promoting Smart Growth Principles, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jul 2012

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips Jul 2012

Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips

Patricia E. Salkin

The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege is equally …


Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin Jul 2012

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Patricia E. Salkin

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jul 2012

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler Jul 2012

Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler

Patricia E. Salkin

Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials. The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …


Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin Jul 2012

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Patricia E. Salkin

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …


Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin Jul 2012

Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Integrity And Struggle, Matthew Pianalto May 2012

Integrity And Struggle, Matthew Pianalto

Matthew Pianalto

Integrity is sometimes conceived in terms of the wholeness of the individual, such that persons who experience temptations or other sorts of inner conflicts, afflictions, or divisions of self would seem to lack integrity to a greater or lesser degree. I contrast this understanding of integrity—which I label psychological integrity—with a different conception which I call practical integrity. On the latter conception, persons can manifest integrity in spite of the various factors mentioned above, so long as they remain true to their commitments in action and deliberation. Although psychological harmony is one feature reasonably associated with integrity, I suggest that …


Report Of The Working Group On Confidentiality, Bruce Boyer May 2012

Report Of The Working Group On Confidentiality, Bruce Boyer

Bruce A. Boyer

No abstract provided.


Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer May 2012

Ethical Issues In The Respresentation Of Parents In Child Welfare Cases, Bruce A. Boyer

Bruce A. Boyer

No abstract provided.


Let's Put Ourselves Out Of Business: On Respect, Responsibility, And Dialogue In Dispute Resolution, Jonathan R. Cohen May 2012

Let's Put Ourselves Out Of Business: On Respect, Responsibility, And Dialogue In Dispute Resolution, Jonathan R. Cohen

Jonathan R. Cohen

This Essay works in two steps. I want to daydream with you about the future, or what I hope will someday be the future, of our dispute resolution movement. I want to then use these imaginings to reflect upon where we are today. I want to suggest something that may at first seem odd: Our ultimate goal should be to put ourselves, or virtually put ourselves, out of business. Eventually, I hope the time will come when we live in a society where the expert services of dispute resolution professionals, including not only lawyers and judges but also mediators and …


The Culture Of Legal Denial, Jonathan R. Cohen May 2012

The Culture Of Legal Denial, Jonathan R. Cohen

Jonathan R. Cohen

The goals of this essay are twofold. The first is to examine critically the practice of lawyers assisting clients in denying harms they commit and suggest some ways of changing that practice. Lawyers commonly presume that their clients' interests are best served by denial. Yet such a presumption is not warranted. Given the moral, psychological, relational, and sometimes even economic risks of denial to the injurer, lawyers should consider discussing responsibility taking more often with clients. The second is to explore several structural or systemic factors that may reinforce the practice of denial seen day in and day out within …