Digital Commons Network^™

Intention And Motivation, Joseph Raz

Faculty Scholarship

What is the role of intentions in the actions intended? What do they contribute, and how do they contribute to the occurrence of the intended actions?

The paper will offer an account of acting with an intention and of having an intention to act. It will not offer an account of intentional action, merely suggesting that when intentional actions are not actions done with an intention, their explanation as intentional relates to that of actions with intentions, showing how like them and unlike them they are. Motivation will be discussed mainly to distinguish its role in leading to action from …

Trade Agreements, Regulatory Sovereignty And Democratic Legitimacy, Bernard Hoekman, Charles F. Sabel

Faculty Scholarship

Governments increasingly are seeking to use bilateral and regional trade agreements to reduce the cost-increasing effects of differences in product market regulation. They also pursue regulatory cooperation independent of trade agreements. It is important to understand what is being done through bilateral or plurilateral mechanisms to address regulatory differences, and to identify what, if any, role trade agreements can play in supporting international regulatory cooperation. This paper reflects on experience to date in regulatory cooperation and the provisions of recent trade agreements involving advanced economies that have included regulatory cooperation. We argue for a re-thinking by trade officials of the …

The Work Of International Law, Monica Hakimi

Faculty Scholarship

This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view — what I call the “cooperation thesis” — is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …

Vincentian Heritage 34:1

Vincentian Studies

No abstract provided.

Law And Economics Of Information, Tim Wu

Faculty Scholarship

Information is of enormous importance to contemporary economics, science, and technology. Since the 1970s, economists and legal scholars, relying on a simplified “public good” model of information, have constructed an impressively extensive body of scholarship devoted to the relationship between law and information. The public good model tends to justify law, such as the intellectual property laws or various forms of securities regulation that seek to incentivize the production of information or its broader dissemination. This chapter reviews the public choice model and identifies two recent trends. First, scholars have extended the public good model of information to an ever-increasing …

Religion And Polarization: Various Relations And How To Contribute Positively Rather Than Negatively, Kent Greenawalt

Faculty Scholarship

The theme of this Essay is that in our present culture, we need badly to understand and accept those who see things differently from ourselves, and to afford people some latitude not to directly violate their deepest convictions. For example, those with religious convictions that marriage should be between men and women need to see why those with gay sexual inclinations feel strongly they are entitled to equal treatment and the latter need not reject as deeply prejudicial all those whose religious convictions lead them to subscribe to the more limited, unwise, historical view about marriage. This understanding on both …

Property And Sovereignty, Information And Audience, Thomas W. Merrill

Faculty Scholarship

Morris Cohen’s classic essay, Property and Sovereignty, correctly discerned that political sovereignty and private property are alternative forms of government. Where it failed was in suggesting that the choice between these modes of governance is a matter of dialing one up and the other down. The relationship between political sovereignty and property is complex, and varies depending on the audience of property we have in view. With respect to some audiences – strangers and transactors – those who favor a strong system of property will want to enlist a generous measure of assistance from the political sovereign. With respect to …

True Colors: The Significance Of Machaut’S And Chaucer’S Use Of Blue To Represent Fidelity, Elizaveta Strakhov

English Faculty Research and Publications

No abstract provided.

Hokey Religions: Star Wars And Star Trek In The Age Of Reboots, Gerry Canavan

English Faculty Research and Publications

Disney’s recent “decanonization” of the decades-old Star Wars “Expanded Universe” in preparation for the release of The Force Awakens once again raises the question of the triangular relationship between the corporate ownership of intellectual property, the mainstream audience to whom the blockbuster films are addressed, and the much smaller hardcore fanbase whose loyalty sustains a franchise during its lean years. Considering fandom investment in the processes of world-building and continuity construction across the landscape of SF media forms, this article will focus specifically on two key franchises in mainstream SF, each in its own way paradigmatic of the “merely” science …

New Paradigms, After 2001, Gerry Canavan

English Faculty Research and Publications

No abstract provided.

"A Dimple In The Tomb": Cuteness In Emily Dickinson, Angela Sorby

English Faculty Research and Publications

No abstract provided.

The Original Theory Of Constitutionalism, David Singh Grewal, Jedediah S. Purdy

Faculty Scholarship

The conflict between various versions of “originalism” and “living constitutionalism” has defined the landscape of constitutional theory and practice for more than a generation, and it shows no sign of abating. Although each camp has developed a variety of methodological approaches and substantive distinctions, each one also returns to a core concern: the democratic authority of constitutional review. The late Justice Scalia crystallized the originalist concern in his dissent in Obergefell v. Hodges: “It is of overwhelming importance … who it is that rules me. Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, …

Randomized Trial Of Two Doses Of Vitamin D3 In Preterm Infants <32 Weeks: Dose Impact On Achieving Desired Serum 25(Oh)D3 In A Nicu Population., Ann Anderson-Berry, Melissa Thoene, Julie Wagner, Elizabeth Lyden, Glenville Jones, Martin Kaufmann, Matthew Van Ormer, Corrine K. Hanson

Journal Articles: Pediatrics

BACKGROUND: Recommendations for vitamin D supplementation for preterm infants span a wide range of doses. Response to vitamin D supplementation and impact on outcomes in preterm infants is not well understood.

OBJECTIVE: Evaluate serum 25(OH)D3 concentration changes after 4 weeks in response to two different doses of vitamin D3 supplementation in a population of premature infants and quantify the impact on NICU outcomes.

DESIGN: 32 infants born at 24-32 weeks gestation were prospectively randomized to receive 400 or 800 IU/day vitamin D3 supplementation. Serum 25(OH)D3 levels were measured every 4 weeks. The Wilcoxon signed rank test was used to compare …

Jerry L. Mashaw And The Public Law Curriculum, Peter L. Strauss

Faculty Scholarship

Jerry L. Mashaw’s magisterial account of the first one hundred years of Administrative law sharply distinguishes between internal and external administrative law – between those contributions to the regularity and legality of agency behavior that emerge from its own institutions and practices, and the constraints imposed by external actors – legislative, executive, and judicial. The “systems of internal control and audit” he found common to nineteenth-century governance are subordinated, if not suppressed in today’s thinking about administrative law.

In our world of multiple transsubstantive statutes and ubiquitous judicial review, we tend to think of our administrative constitution as a set …

Administrator-In-Chief: President And Executive Action In Immigration Law, Ming Hsu Chen

Faculty Scholarship

This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actions strengthens the legacy of the policies when corifronted regarding their substance. This emphasis on shoring up administrative procedure is a form of expertise that should be counted …

Course Quality And Hosting Platforms: Implications For Massively Open Online Course (Mooc) Design And Delivery, Rita Diane Schmallegger

Theses and Dissertations

Massive open online courses (MOOCs) began as an experiment in connectivist learning in 2008 (Downes, 2012). While the number of MOOCs offered has risen, as has the number of universities offering MOOCs (Brown, Costello, Donkon, & Giolla-Mhichill, 2015), perceptions of the quality of MOOCs have been mixed (Bali, 2014; Peterson, 2014). From a perspective of Merrill’s first principles of instruction (2013), this qualitative study examined MOOC delivery platforms to determine what learning platforms and what specific characteristics may best promote and sustain MOOC quality. MOOCs selected for this study include those offered in English, open to anyone with Internet access, …

Examining The Relationship Between Virtual School Size And Student Achievement, Sherrill Waddell

Theses and Dissertations

The purpose of this study is to examine the relationship between virtual school size and student achievement in virtual schools in a southwestern state. Enrollment size and the following areas were studied in an attempt to determine student achievement: STAAR English Language Arts/Reading, STAAR Math, STAAR Science, and STAAR Social Studies testing scores in regards to race. This quantitative study used nonexperimental research utilizing a distribution approach. The effect of virtual school size on student achievement in a southwestern state was examined. Specifically, student achievement was defined by student passing rates on individual tests of the STAAR examination. This research …

Futurs (Im)Possibles Au-Delà Du Texte: Lectures Queer De Littérature Marocaine Contemporaine D’Expression Française, Thomas Corbani , '17

Senior Theses, Projects, and Awards

No abstract provided.

Dogs Consciously Experience Emotions: The Question Is, Which?, Ralph Adolphs

Animal Sentience

I discuss three themes related to Kujala’s target article. First, the wealth of emerging data on cognitive studies in dogs will surely show that dogs have a very rich repertoire of cognitive processes, for most of which we find homologues in humans. Second, understanding the internal states that mediate social behaviors, such as emotions, requires us to consider both a dog’s behaviors with other dogs, and the emergence of new behavioral patterns in interaction with humans. Third, all of this will certainly narrow the range of justifications for denying that dogs have subjective experiences of emotions.

Emotions, Intuitions And Risk Perception In Critical Care, Oleksandr Dubov

Electronic Theses and Dissertations

The theory of decision-making as it applies to bioethics and healthcare assumes a rational decision maker: someone who knows all his alternatives, has clear preferences, can rank and weigh risks and benefits of an intervention, and always acts in his own best interests. However, the growing body of research from the field of decision science shows that, in reality, such a purely rational decision maker does not exist. Instead, patients are rational within personal or environmental constraints such as uncertainty or ambiguity in which non-rational approaches such as emotion and intuition are instrumental. This issue is particularly important in critical …

Shoring Up The Precautionary Bar, Jon Mallatt

Animal Sentience

I offer four ways to reinforce Birch’s precautionary principle so it can be used effectively and practically in deciding which animals to cover by legislation for humane treatment: (1) add one more credible indicator of sentience to the BAR rule; (2) use phylogenetic classification, not the outdated Linnaean classification, to test which animal clades have sentience; (3) disentangle the pain of suffering from sentience; and (4) reconsider the sentient status of decapods and insects to remove potential inconsistencies in the proposed framework.

Support For The Precautionary Principle, Jennifer Mather

Animal Sentience

The precautionary principle gives the animal the benefit of the doubt when its sentient status is not known. This is necessary for advanced invertebrates such as cephalopods because research and evidence concerning the criteria for sentience are scattered and often insufficient to give us the background for the decision.

Scientific Uncertainty And The Animal Sentience Precautionary Principle, Michael L. Woodruff

Animal Sentience

Jonathan Birch offers the animal sentience precautionary principle (ASPP) as a framework for assigning sentience to animals. In doing this, he defines a BAR which when crossed will lead to action (ACT) and implementation of the ASPP. His effort to create a clear empirical basis for implementation of the precautionary principle in the area of animal welfare regulation is important. I argue, however, that his BAR is so low that the evidence supporting ACT is in danger of being overwhelmed by the problems of induction and the underdetermination of theory by evidence. If this happens, policy makers might well disregard …

The Normative Approach Of The Catholic Tradition In The Ethical And Religious Directives For Resolving Ethical Dilemmas Regarding Medical Technology, David G. Garvis

Electronic Theses and Dissertations

The dissertation engages the Catholic Tradition enunciated in the Ethical and Religious Directives for Catholic Health Care Services to provide a normative approach for resolving ethical dilemmas regarding pivotal breakthroughs in medical technology.

This normative ethical approach has two components: a normative framework for Catholic health care ethics that adopts practical ethical principles as enunciated in the Ethical and Religious Directives (Chapter 2) and secular decision-making models in organizational and clinical ethics that are consistent with the Catholic Tradition (Chapter 3).

At the end of the theoretical analysis in these chapters, the conclusion to Chapter 3 explains how this normative …

Anecdotes Can Be Evidence Too, Heather Browning

Animal Sentience

Birch’s criterion for the precautionary principle imposes a high evidential standard that many cases will fail to meet. Reliable, relevant anecdotal evidence suggestive of animal sentience should also to fall within the scope of the precautionary principle. This would minimize potential suffering (as happened in the case cephalopods) while further evidence is gathered.

The Value Of Bayesian Statistics For Assessing Credible Evidence Of Animal Sentience, Anil K. Seth, Zoltan Dienes

Animal Sentience

Determining what constitutes practically relevant, statistically significant evidence for animal sentience, under the precautionary principle, could be enhanced through Bayesian statistics. A Bayesian approach allows the incorporation of multiple evidence sources through prior probabilities, the tracking of changing evidence across time, and a principled means of adjusting evidentiary bars via Bayes factors.

Fear And Loathing On The Landscape: What Can Foraging Theory Tell Us About Vigilance And Fear?, Burt P. Kotler, Joel S. Brown

Animal Sentience

We discuss fear and vigilance from the perspective of foraging theory. Rather than focusing on proximate indicators of fear, we suggest that fear is an adaptation for assigning a cost to activities that incur a risk of injury or death. We use theory to provide definitions for fear and vigilance and then use that theory to compare them. We agree that there are limits to the reliability of vigilance as an indicator of fear, but we arrive at this conclusion differently.

Why The State?, Joseph Raz

Faculty Scholarship

I offer two questions for the price of one: Why do so many jurisprudential theories focus on the state? And what is it about the State that gives it a special place in our social arrangements? I do not mean these to address all aspects of states. They are questions about the law or legal systems of states.

We have to be open to a negative answer to the second question, thus being critical of jurisprudential theories that focus more or less exclusively on the state. That need not deny that states have their own legal systems. It could merely …

Peyote And Ghouls In The Night: Justice Scalia's Religion Clause Minimalism, John D. Inazu

Scholarship@WashULaw

The late Justice Antonin Scalia held a minimalist view of the religion clauses: the Free Exercise Clause does not protect against neutral laws of general applicability, and the Establishment Clause prohibits neither longstanding traditional practices nor legislative acts with a plausible secular purpose. In both free exercise and establishment cases, Scalia resisted judicial second-guessing of legislative judgments unless he saw an explicit singling out of religious practice. Yet Scalia had an uneven influence on religion clause jurisprudence. When it came to the Free Exercise Clause, he played a pivotal role in shaping a doctrinal framework that has arguably created more …

Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan Sturm, Haran Tae

Faculty Scholarship

This report documents the roles of formerly incarcerated leaders engaged in work related to reducing incarceration and rebuilding communities, drawing on in-depth interviews with 48 of these leaders conducted over a period of 14 months. These “leaders with conviction” have developed a set of capabilities that enable them to advance transformative change, both in the lives of individuals affected by mass incarceration and in the criminal legal systems that have devastated so many lives and communities. Their leadership assumes particular importance in the era of the Trump Presidency, when the durability of the ideological coalitions to undo the failed apparatus …