Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--
Nearly all countries have ratified nearly all the major human rights treaties, and all governments profess support for human rights, yet most countries flagrantly violate the human rights of their citizens. This book argues that the reason why is that there is a contradiction between the goal of enforcing human rights-which requires simple rules-and the realities of governance, which require flexibility and discretion.
The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Rakowski considers three types of problems which urgently require solutions-- the distribution of resources, property rights, and the saving of life--and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.
Climate change and justice are so closely associated that many take it for granted that a global climate treaty should directly address both issues together. In clear language, this book proposes four basic principles for designing the only kind of climate treaty that will work.
Surround sound is often mistaken as a relatively new phenomenon in cinemas, one that emerged in the 1970s with the arrival of Dolby. Making Stereo Fit shows how Hollywood studios have instead been implementing surround-sound techniques for the past century and argues that their endurance owes primarily to the long-standing economic tension between stereophonic and monophonic sound. Throughout the book, Eric Dienstfrey analyzes newly discovered archival materials, as well as a myriad of stereo releases from Hell's Angels (1930) to Get Out (2017), to examine how Hollywood's dependence on single-channel sound left filmmakers unable to fully realize the aesthetic potential of surround sound. Though studios initially experimented with stereo's unique affordances, Dienstfrey details how film sound designers eventually codified a conservative set of surround-sound conventions that prevail today, despite the arrival of more immersive technologies"--
In Legislative Process, Fourth Edition, three outstanding authors explore American legislative institutions and the processes by which they consider and enact legislation. Using a rich variety of primary source materials, and placing consistent emphasis on the processes and practice of law, Mikva, Lane and Gerhardt consider contemporary legislative topics in the context of historical events. Key Features: Maintains focus on legislative process Extraordinary authorship, including new co-author Gerhardt has advised congressional leaders and White House officials on numerous constitutional issues. New, unique, and updated material on important subjects in the legislative process, including, but not limited to: legislators conceptions of their duties Congress relative institutional competency to interpret the Constitution the President s role in law-making voting rights legislative ethics statutory construction impeachment the Senate confirmation process; and congressional rulemaking
A few short years after HIV first entered the world blood supply in the late 1970s and early 1980s, over half the hemophiliacs in the United States were infected with the virus. But this was far more than just an unforeseeable public health disaster. Negligent doctors, government regulators, and Big Pharma all had a hand in this devastating epidemic. Blood on Their Hands is an inspiring, firsthand account of the legal battles fought on behalf of hemophiliacs who were unwittingly infected with tainted blood. As part of the team behind the key class action litigation filed by the infected, young New Jersey lawyer Eric Weinberg was faced with a daunting task: to prove the negligence of a powerful, well-connected global industry worth billions. Weinberg and journalist Donna Shaw tell the dramatic story of how idealistic attorneys and their heroic, mortally-ill clients fought to achieve justice and prevent further infections. A stunning exposé of one of the American medical system’s most shameful debacles, Blood on Their Hands is a rousing reminder that, through perseverance, the victims of corporate greed can sometimes achieve great victory.
This book discusses the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. It charts policymakers' and judges' "chameleonic deployment" of the muddled high court ruling alternatively to legitimate or to reject present-day security actions that undercut fundamental rights to freedom, association, religious choice, due process, and equality - rights of immigrants and citizens, protestors and justice organizations, worshippers, and journalists.
Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains the legal ideas that allow for the recognition of firms as organizational "persons" having social rights and responsibilities. Other foundational ideas include an overview of how the laws of agency, contracts, and property fit together to compose the organized "persons" known as business firms. The institutional legal theory of the firm developed embraces both a "bottom-up" perspective of business participants and a "top-down" rule-setting perspective of government. Other chapters in the book discuss the features of limited liability and the boundaries of firms. A typology of different kinds of firms is presented ranging from entrepreneurial one-person start-ups to complex corporations, as well as new forms of hybrid social enterprises. Practical applications include contribution to the debates surrounding corporate executive compensation and political free-speech rights of corporations.
Hiding in Plain Sight tells the story of the global effort to apprehend the world's most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America's pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies--both successful and unsuccessful--that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades--all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.
A practical guide to understanding and treating children and adolescents prone to extreme levels of angry outbursts, Disruptive Mood: Irritability in Children and Adolescents is based on the very latest research and theory. Providing both a clinical and scientific perspective on irritability in children, this book is a timely look at recent developments in the field. Abnormal states of anger are a common reason for referral to child health services, and cause concern in clinics, schools, and families. Misdiagnosis and treatment can stem from a lack of understanding of the mechanisms involved in high levels of anger in children, and Disruptive Mood: Irritability in Children and Adolescents provides clear guidance on the development of abnormal states of anger, their consequences for later development, and how to assess and make differential diagnoses between them. A useful resource for clinical practice, this book is concise and accessible, and offers tools for evaluating treatments. Disruptive Mood: Irritability in Children and Adolescents is designed for practitioners involved in child and adolescent mental health and education and researchers who need an introduction to this complex field.
Advances in simulation technology have enabled an interesting amount of training and instruction to be conducted on training simulators instead of on real systems. However, experiences with the procurement and use of training simulators has not always been as successful, often owing to a lack of knowledge of didactics and of training programme development, and also to inadequate simulator specifications. The Handbook of Simulator-based Training represents the first comprehensive overview of the European state of the art in simulator-based training. It also comprises a well-founded and systematic approach to simulator-based training and the specification of simulator requirements. The multi-disciplinary research project described in this book combines the expertise of specialists in human factors, information systems, system design and engineering from 23 research and industrial organizations from five countries - France, Germany, the Netherlands, Spain, the UK. The authors have synthesized and documented the project results to ensure that this handbook provides not only many valuable guidelines, but more importantly a common frame of reference. It will be a key resource for the many specialists who are concerned with simulator-based training: researchers, engineers, and users; military training institutes and training system development departments; military staff responsible for the procurement of training devices and simulators; the simulator industry; the training research community; and the human factors and ergonomics community.
The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.
Over the past forty years, numerous theoretical advances have been made. From Ayres’ and Braithwaite’s ground breaking work on ‘responsive regulation’, we have seen models of ‘smart regulation’, ‘regulatory governance’ and ‘regulatory capitalism’ emerge to capture the growing prevalence and importance of regulation in modern liberal Western capitalist societies. Important advances also have been made in the practice of regulation, with regulators evolving from traditional enforcement focussed ‘command and control’ models to being ‘modern regulators’ with a suite of diverse and innovative regulatory tools at their disposal. The book presents and critically examines these theoretical and practical developments from the perspective of governments who design regulations, and the regulators that deploy them. In doing so, the book examines the various forces and interests that influence and shape the regulatory endeavour, and the practical challenges facing governments and regulators when deciding whether and how to regulate. This volume is a study of regulation in context: in the context of the public policy it is designed to deliver; the law that enables, shapes and holds it to account; and the evolving societal and institutional frameworks within which it takes place. Aimed to provide innovative cross-disciplinary conceptual frameworks that regulators, regulatees, those whom regulation is intended to benefit, and academics, might employ to better understand and undertake the regulatory endeavour. This will be of great interest to researchers, educators, advanced students and practitioners working in the fields of political science, public management and administration, and public policy. .
This book argues that we can learn a great deal about leadership from the experiences of eight US presidents who have served in the White House since Watergate. The eight presidents considered here differed widely in their family backgrounds, wealth, education, age, prior political experiences, and motivations for power. But they all made the same promise—to “faithfully execute the Office of President of the US and ... preserve, protect, and defend the Constitution of the United States”—and they all faced considerable challenges in fulfilling that promise. While all eight presidents had policy successes and failures, the author argues that we gain real insight on their leadership acumen by analyzing the deeper structures of leadership effectiveness that all leaders need to address: vision, execution, management, and decision-making. The book assesses the performance of each president along these four dimensions of leadership and extends lessons learned to leaders in other sectors.
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.
Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion.
Convicted sex offenders released from custody at the end of their criminal sentences pose a risk for re-offense. In many US states, Sexually Violent Predator (SVP) laws have been enacted that allow for the post-prison preventive detention of high risk sex offenders. SVP laws require the courts to make dispositions that protect the public from harm while at the same time respecting the civil rights of the offender. This book describes these SVP laws, their constitutionality, and aspects of their operation. Courts hear expert risk testimony based heavily on the results of actuarial risk assessment. Problems associated with this testimony include the lack of a theory of recidivism risk, bias due to human decision-making, and the insularity of scholarship and practice along developmental lines. The authors propose changes in legal standards, as well as a unified developmental model that treats sexual violence as an "evolving" condition, with roots traceable to childhood and paths that extend into adolescence and adulthood.
A bold, groundbreaking argument by a world-renowned expert that unless we treat free speech as the fundamental human right, there can be no others. What are human rights? Are they laid out definitively in the UN’s Universal Declaration of Human Rights or the US Bill of Rights? Are they items on a checklist—dignity, justice, progress, standard of living, health care, housing? In The Most Human Right, Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the primacy of free speech. Heinze argues that goods become rights only when citizens can claim them publicly and fearlessly: free speech is the fundamental right, without which the very concept of a “right” makes no sense. Heinze argues that throughout history countless systems of justice have promised human goods. What, then, makes human rights different? What must human rights have that other systems have lacked? Heinze revisits the origins of the concept, exploring what it means for a nation to protect human rights, and what a citizen needs in order to pursue them. He explains how free speech distinguishes human rights from other ideas about justice, past and present.
The author shows that advisory boards in technology-based startups have seven different roles and functions: control, advice, networking, signalling, capital provision, co-management, coordination. It is shown that venture capital investors try to influence the importance of these roles in favour of control, coordination and co-management. Contrary to this, the satisfaction of founders as well as advisory board members increases with a higher importance of advice, networking and signalling. This analysis provides both qualitative and quantitative empirical data on the usage of those boards in practice.
What explains the great variability in economic growth and political development across countries? Institutional and organizational analysis has developed since the 1970s into a powerful toolkit, which argues that institutions and norms rather than geography, culture, or technology are the primary causes of sustainable development. Institutions are rules that recognized authorities create and enforce. Norms are rules created by long-standing patterns of behavior, shared by people in a society or organization. They combine to play a role in all organizations, including governments, firms, churches, universities, gangs, and even families. This introduction to the concepts and applications of institutional and organizational analysis uses economic history, economics, law, and political science to inform its theoretical framework. Institutional and organizational analysis becomes the basis to show why the economic and political performance of countries worldwide have not converged, and reveals the lessons to be learned from it for business, law, and public policy.
Race, Rights and National Security: Law and the Japanese American Incarceration is both a comprehensive resource and course book that uses the lens of the WWII imprisonment of Japanese Americans to explore the danger posed when the country sacrifices the rule of law in the name of national security. Following an historical overview of the Asian American legal experience as unwanted minorities, the book examines the infamous Supreme Court cases that upheld the orders leading to the mass incarceration and their later reopening in coram nobis proceedings that proved the government lied to the Court. With that foundation, the book explores the continued frightening relevance of those cases, including how racial and religious minorities continue to be harmed in the name of national security and the threat to democracy when courts fail to act as a check on their co-equal branches of government. New to the Third Edition: An entirely new section, which views the recent targeting of religious minorities through the lens of the Japanese American incarceration, including the Muslim travel ban case of Trump v. Hawaii, which purported to overrule Korematsu v. United States. A continuous inquiry throughout the book regarding the role of courts in reviewing government actions taken in the name of national security, the tensions inherent in identifying that role, the potential cost of excessive court deference, and a proposed method for judicial review of national security-based government actions. Updated text, including revisions that tailor the book’s content to its revised focus on national security, enhanced discussions of early anti-Asian exclusionary laws and Ex Parte Endo; recent events raising parallels to the Japanese American incarceration, such as the incarceration of immigrants and family separation at the southern border and the continued negative stereotyping of Asian Americans. Augmented discussion of ethical rules in relation to misconduct by government lawyers during World War II. Professors and students will benefit from: A succinct overview of Asian American legal history An overarching narrative that takes the reader from early anti-Asian discriminatory laws to the wartime Japanese American incarceration to today, interweaving carefully contextualized case law with questions, original government and litigation documents, oral histories, commentary, and photographs to stimulate class discussion. A focus on both the legal and non-legal issues surrounding the Japanese American incarceration, so that readers consider how the legal system, the law, and players within the legal system act within a broader milieu of politics, economics, and culture. The ability to understand law and the legal system in a way that is both interdisciplinary and that crosses different areas of law. The book treats subjects such as race relations and critical race theory; constitutional, criminal, and national security law; criminal and civil procedure; professional ethics; evidence; legal history; and lawyering practice. A professor in the area of constitutional law, for example, might excerpt relevant portions of the book to supplement the standard, typically decontextualized case law treatment of the Korematsu and Hirabayashi cases. At the same time, this book explores these and other cases in their historical and political context and addresses the law’s real human impact. Finally, the story of the Japanese American incarceration provides a powerful starting place for students to discuss a range of present-day issues regarding stereotypes and profiling, government restraint on liberties, national protectionism, and civic responsibility. If teaching at its best is about engaging students’ hearts and minds, and provoking stimulating debate, these materials are designed to facilitate just that.
Race, Rights and National Security: Law and the Japanese American Incarceration is both a comprehensive resource and course book that uses the lens of the WWII imprisonment of Japanese Americans to explore the danger posed when the country sacrifices the rule of law in the name of national security. Following an historical overview of the Asian American legal experience as unwanted minorities, the book examines the infamous Supreme Court cases that upheld the orders leading to the mass incarceration and their later reopening in coram nobis proceedings that proved the government lied to the Court. With that foundation, the book explores the continued frightening relevance of those cases, including how racial and religious minorities continue to be harmed in the name of national security and the threat to democracy when courts fail to act as a check on their co-equal branches of government. New to the Third Edition: An entirely new section, which views the recent targeting of religious minorities through the lens of the Japanese American incarceration, including the Muslim travel ban case of Trump v. Hawaii, which purported to overrule Korematsu v. United States. A continuous inquiry throughout the book regarding the role of courts in reviewing government actions taken in the name of national security, the tensions inherent in identifying that role, the potential cost of excessive court deference, and a proposed method for judicial review of national security-based government actions. Updated text, including revisions that tailor the book’s content to its revised focus on national security, enhanced discussions of early anti-Asian exclusionary laws and Ex Parte Endo; recent events raising parallels to the Japanese American incarceration, such as the incarceration of immigrants and family separation at the southern border and the continued negative stereotyping of Asian Americans. Augmented discussion of ethical rules in relation to misconduct by government lawyers during World War II. Professors and students will benefit from: A succinct overview of Asian American legal history An overarching narrative that takes the reader from early anti-Asian discriminatory laws to the wartime Japanese American incarceration to today, interweaving carefully contextualized case law with questions, original government and litigation documents, oral histories, commentary, and photographs to stimulate class discussion. A focus on both the legal and non-legal issues surrounding the Japanese American incarceration, so that readers consider how the legal system, the law, and players within the legal system act within a broader milieu of politics, economics, and culture. The ability to understand law and the legal system in a way that is both interdisciplinary and that crosses different areas of law. The book treats subjects such as race relations and critical race theory; constitutional, criminal, and national security law; criminal and civil procedure; professional ethics; evidence; legal history; and lawyering practice. A professor in the area of constitutional law, for example, might excerpt relevant portions of the book to supplement the standard, typically decontextualized case law treatment of the Korematsu and Hirabayashi cases. At the same time, this book explores these and other cases in their historical and political context and addresses the law’s real human impact. Finally, the story of the Japanese American incarceration provides a powerful starting place for students to discuss a range of present-day issues regarding stereotypes and profiling, government restraint on liberties, national protectionism, and civic responsibility. If teaching at its best is about engaging students’ hearts and minds, and provoking stimulating debate, these materials are designed to facilitate just that.
What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
Explores the potential benefits of a government-independent, democratized Social Security system to support dependents suffering from the reduction of other government benefits.
This book analyzes the politics of state regulatory decision-making in telecommunications after the AT&T divestiture in 1984. The author takes a political-economy approach that explains how interest groups and institutional factors have shaped different state policies. He shows that the structure and composition of state regulatory institutions have important effects on pricing and competition in the telecommunications industry. The innovative methodology of this work combines qualitative empirical analysis from the entire U.S. with case studies of eight states. It identifies the deregulation winners and losers by examining the impact of changes in local and long-distance price structures on different groups, including users of telecommunications services, small businesses, residential consumers, and rural residents. The book includes recommendations for improving state policy.
A comprehensive guide to public sector collaboration with private and nonprofit organizations for better service delivery Governing Cross-Sector Collaboration tackles the issues inherent in partnerships with nongovernmental actors for public service delivery, highlighting the choices available and the accompanying challenges and opportunities that arise. Based on research, interviews with public, private and nonprofit sector leaders, and considerable analysis of organizations involved in public-private-nonprofit collaborations, the book provides insight into cross-sector collaboration at the global, federal, state, and local levels. Through an examination of the primary modes of cross-sector collaboration, including collaborative contracting, partnerships, networks, and independent public services providers, the book presents a clear case for how public managers can assess the trade-offs and use these options to improve public service delivery. Nonprofit organizations, businesses, and third-party contractors are increasingly partnering with government to deliver public services. Recognizing the types of collaborative approaches, and their potential to solve public policy problems is quickly becoming a major task for public managers, with new methods and techniques constantly emerging. Governing Cross-Sector Collaboration provides specific examples and a framework for public managers to make strategic choices about how to engage private and nonprofit actors in delivering public goods and services while ensuring the public interest. The book provides effective methods for choosing, designing, governing, and evaluating networks, partnerships, and independent public-services providers, with in-depth discussion encompassing: Analysis and engagement of cross-sector organizations Fostering democratic accountability in the public interest Collaborative approaches (including contracts, networks and partnerships) and the issues associated with each type of arrangement Leadership and organizational learning in cross-sector collaboration Included case studies illustrate effective application of the concepts and methods described, providing both practicing public and nonprofit managers and public policy/administration students with insight into these emerging strategic alliances. The first comprehensive guide to public governance collaborations, Governing Cross-Sector Collaboration is an important and timely contribution to the field of public management.
This new review textbook, written by residents and an experienced faculty member from Cleveland Clinic, is designed to ensure success on all sorts of standardized neurology examinations. Presented in a comprehensive question-and-answer format, with detailed rationales, Comprehensive Review in Clinical Neurology is a must-have for both aspiring and practicing neurologists and psychiatrists preparation to take the RITE, the American Board of Psychiatry and Neurology written exams, and various recertification exams.
A survey of the emerging field of neuroethics that calls for a multidisciplinary, pragmatic approach for tackling key issues and improving patient care. Today the measurable health burden of neurological and mental health disorders matches or even surpasses any other cluster of health conditions. At the same time, the clinical applications of recent advances in neuroscience are hardly straightforward. In Pragmatic Neuroethics, Eric Racine argues that the emerging field of neuroethics offers a way to integrate such specialties as neurology, psychiatry, and neurosurgery with the humanities and social sciences, neuroscience research, and related healthcare professions, with the goal of tackling key ethical challenges and improving patient care. Racine provides a survey of the often diverging perspectives within neuroethics, offers a theoretical framework supported by empirical data, and discusses the neuroethical implications of such issues as media coverage of neuroscience innovation and the importance of public concerns and lay opinion; nonmedical use of pharmaceuticals for performance enhancement; and the discord between intuitive notions about consciousness and behavior and the scientific understanding of them. Racine proposes a pragmatic neuroethics that combines pluralistic approaches, bottom-up research perspectives, and a focus on practical issues (in contrast to other more theoretical and single-discipline approaches to the field). [He discusses ethical issues related to powerful neuroscience insights into the mechanisms underlying moral reasoning, cooperative behavior, and such emotional processes as empathy.] In addition, he outlines a pragmatic framework for neuroethics, based on the philosophy of emergentism, which identifies conditions for the meaningful contribution of neuroscience to ethics, and sketches new directions and strategies for meeting future challenges for neuroscience and society. Basic Bioethics series
Brought together for the first time in a single volume, these eight important and fascinating essays by Nobel Prize-winning psychiatrist Eric Kandel provide a breakthrough perspective on how biology has influenced modern psychiatric thought. Complete with commentaries by experts in the field, Psychiatry, Psychoanalysis, and the New Biology of Mind reflects the author's evolving view of how biology has revolutionized psychiatry and psychology and how potentially could alter modern psychoanalytic thought. The author's unique perspective on both psychoanalysis and biological research has led to breakthroughs in our thinking about neurobiology, psychiatry, and psychoanalysis -- all driven by the central idea that a fuller understanding of the biological processes of learning and memory can illuminate our understanding of behavior and its disorders. These wonderful essays cover the mechanisms of psychotherapy and medications, showing that both work at the same level of neural circuits and synapses, and the implications of neurobiological research for psychotherapy; the ability to detect functional changes in the brain after psychotherapy, which enables us, for the first time, to objectively evaluate the effects of psychotherapy on individual patients; the need for animal models of mental disorders; for example, learned fear, to show how molecules and cellular mechanisms for learning and memory can be combined in various ways to produce a range of adaptive and maladaptive behaviors; the unification of behavioral psychology, cognitive psychology, neuroscience, and molecular biology into the new science of the mind, charted in two seminal reports on neurobiology and molecular biology given in 1983 and 2000; the critical role of synapses and synaptic strength in both short- and long-term learning; the biological and social implications of the mapping of the human genome for medicine in general and for psychiatry and mental health in particular; The author concludes by calling for a revolution in psychiatry, one that can use the power of biology and cognitive psychology to treat the many mentally ill persons who do not benefit from drug therapy. Fascinating reading for psychiatrists, psychoanalysts, social workers, residents in psychiatry, and trainees in psychoanalysis, Psychiatry, Psychoanalysis, and the New Biology of Mind records with elegant precision the monumental changes taking place in psychiatric thinking. It is an invaluable reference work and a treasured resource for thinking about the future.
Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.
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