When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction (...) on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both. (shrink)

This paper explores one organisation’s journey into non-financial reporting, initially motivated by a crisis in public confidence that threatened the organisation’s legitimacy to the present with the organisation embracing integrated reporting. The organisation’s journey is framed through a legitimation lens and is illustrated by aligning internal reflections with external outputs guided by predominant paradigms of good practice, such as the GRI guidelines and more recently integrated reporting 〈IR〉. We find that the organisation’s relationship with external guidelines has evolved from pragmatic (...) adoption as a means of seeking external legitimation to the present position where those that prepare external reports are informed by the organisation’s strategic positioning and not constrained by the promulgation of voluntary guidelines. From the case study, we suggest that the International Integrated Reporting Council may face two hurdles: First, organisations may define social norms based on a broader definition of stakeholders than the definition currently published by the IIRC. The second hurdle is to convince report preparers that adopting integrated reporting 〈IR〉 will positively impact on capital flows. (shrink)

Powerful ultrastructural tools are providing new insights into neuronal circuits, revealing a wealth of anatomically‐defined synaptic connections. These wiring diagrams are incomplete, however, because functional connectivity is actively shaped by neuromodulators that modify neuronal dynamics, excitability, and synaptic function. Studies of defined neural circuits in crustaceans, C. elegans, Drosophila, and the vertebrate retina have revealed the ability of modulators and sensory context to reconfigure information processing by changing the composition and activity of functional circuits. Each ultrastructural connectivity map encodes multiple (...) circuits, some of which are active and some of which are latent at any given time. (shrink)

Globalization is a part of modern life. Sharing a common set of professional nursing values is critical in this global environment. The purpose of this research was to examine the professional values of nursing students from two distinct cultural perspectives. Nurse educators in Taiwan partnered with nurse educators in the United States to compare professional values of their respective graduating nursing students. The American Nurses Association Code of Ethics served as the philosophical framework for this examination. The convenience sample comprised (...) 94 Taiwanese students and 168 US students. Both groups reported high scores on an overall measure of values. They did differ substantially on the relative importance of individual items related to advocacy, competence, education, self-evaluation, professional advancement, and professional associations. Global implications for the collaborative practice of nurses from different cultures working together can be improved by first recognizing and then attending to these differences in value priorities. (shrink)

While generally accepted as an interpretive theory, Bull’s emblematic text demonstrates strong structural characteristics. Subsequent attributions move between the interpretive or ‘reflexive’ and t...

Learning in intelligent systems is a result of direct or indirect interaction with the environment. Humans can learn by way of different states of (inter-)action such as the execution or the imagery of an action, but their unique potential to induce brain-related as well as mind-related changes in the motor action system is still being debated. The systematic repetition of different states of action (e.g., execution and imagery in terms of physical and mental practice) and their contribution to the learning (...) of complex motor actions has traditionally been approached by way of performance improvements. More recently, approaches highlighting the role of action representation in the learning of complex motor actions have evolved. In the present perspective paper, we build on brain-related findings and sketch recent research on learning by way of imagery and execution from a hierarchical, perceptual-cognitive approach to the motor action system. These findings provide valuable insights into the learning of intelligent systems from a perceptual-cognitive, representation-based perspective and as such add to our current understanding of action representation in memory and its changes with practice. Future research should build bridges between approaches in order to more thoroughly understand functional changes throughout the learning process, and to jointly contribute to developing intelligent cognitive systems and their application in robotics, rehabilitation, or sports. (shrink)

The reign of paper files would seem to be over once files are reduced to the status of icons on computer screens, but Vismann's book, which examines the impact of the file on Western institutions throughout history, shows how the creation of order in medieval and early modern administrations makes its returns in computer architecture.

The goal of the article is to offer a framework against which relations between gesture and sign can be systematically explored beyond the current literature. It does so by a) reconstructing the history of the discussion in the field of gesture studies, focusing on three leading positions (Kendon, McNeill, Goldin-Meadow); and b) by formulating a position to illustrate how this can be achieved. The paper concludes by emphasizing the need for systematic cross-linguistic research on multimodal use of language in its (...) signed and spoken forms. (shrink)

In recent debates about inequality, many have pointed to the predominant position of the finance. This article highlights that structural power, not lobbying resources, are key to explaining variations across countries. It examines finance-government negotiations over national bank rescue schemes during the recent financial crisis. Given the structural power of finance, the variation in bank bailouts across countries cannot be explained by lobbying differences. Instead of observing organized interest intermediation, we can see that disorganization was crucial for the financial industry (...) to get off the hook and let the government carry the burden of stabilizing the economy. Put differently, structural power is strongest when finance remains collectively inactive. In contrast to traditional accounts of the lobbying influence of finance, the comparison highlights that the lack of organization can have crucial redistributive consequences. (shrink)

Der Band plädiert für eine Resymmetrisierung des Sprachlichen und des Bildlichen für das Verständnis der Gegenwartsgesellschaft. Bildlichkeit wird als eine vom Wahrnehmungsmodus unterschiedene genuin soziale Sinnform aufgefasst. Wir verlassen uns darauf, dass auch Andere ganz selbstverständlich dargestellte Welt von wahrgenommener Welt unterscheiden. Auf die Darstellungen von Darstellungsformen hat sich moderne Kunst spezialisiert. Am Beispiel der Gegenwartskunst wird die Vermehrung, Kombinatorik und wechselseitige Bezugnahme künstlerischer Formen als Katalysator für innerkünstlerische Transformationen identifizierbar.

In the age of surveillance capitalism, the prevailing business model underlying the use of social media applications (“apps”) foresees the exchange of personal data for the allowance to use an online service. Such a data business model comes with many potential negative side effects ranging from violation of privacy issues to election manipulation. Therefore, it is of utmost importance to think of alternatives to the current data business model. The present study investigated how strong the support would be for a (...) monetary payment model among a sample of 210 participants. Participants were asked about their willingness to pay for social media, if in turn their data would be private and other problems concerning social media use would be tackled. Only one-fifth of participants (21.43%) supported such a model. From the Big Five Personality traits, Agreeableness was positively associated with support of such a model. Finally, data are also provided on how much participants would be willing to pay for social media on a monthly basis. The present study’s findings are of a preliminary nature and will contribute to the start of an important discussion. (shrink)

Baselitz is one of the most important artists of today. His works can be found in major museums around the world. For over 30 years, photographer Benjamin Katz has been documenting Baselitz at work in different studios. This volume now captures Baselitz's exceptional life at work and at home. Benjamin Katz is famous for his photographic portraits of artists. Among his previous subjects are Gerhard Richter, Joseph Beuys, Sigmar Polke, Rosemarie Trockel, and Martin Kippenberger. Because Katz is friends with most (...) of the artists, he is able to capture them when they are completely at ease. But, as he explains in this book, he prefers to photograph people while they are in the process of doing something. Katz shows Baselitz with paintbrush and hammer, and dog and cigar - the close relationship between the two artists is almost palpable. The photographs are the result of a friendship in an artistic world that they have been sharing for many decades. Cornelia Gockel's essay discusses Katz's unique, new window on the world of Georg Baselitz. (shrink)

The population of most non-dominant ethnic groups in the USA is growing dramatically. Faculty members are challenged to develop curricula that adequately prepare our future nurses. An increased focus on clinical ethics has resulted from the use of sophisticated technology, changes in health care financing, an increasing elderly population and the shift of care from inpatient to outpatient settings. Nurses frequently face situations demanding resolution of ethical dilemmas involving cultural differences. Nursing curricula must include content on both ethics and cultural (...) sensitivity. Active student participation is an important element providing a foundation for ethical practice. A proposed educational format was introduced with graduating baccalaureate students. In a pilot study, curricular content on cultural sensitivity and ethical practice was taught in separate modules. Students were then asked to identify and problem solve an ethical dilemma involving patients and professional caregivers from vastly different cultures. Course faculty members provided discussion questions to guide the students' thinking. (shrink)

The meshed control theory assumes that cognitive control and automatic processes work together in the natural attention of experts for superior performance. However, the methods adopted by previous studies limit their capacity to provide in-depth information on the neuromotor processes. This experiment tested the theory with an alternative approach. Twelve skilled golfers were recruited to perform a putting task under three conditions: (1) normal condition, with no focus instruction (NC), (2) external focus of attention condition (EC), and (3) internal focus (...) of attention condition (IC). Four blocks of 10 putts each were performed under each condition. The putting success rate and accuracy were measured and electroencephalographies (EEGs) were recorded. The behavioral results showed that the NC produced a higher putting success rate and accuracy than the EC and IC. The EEG data showed that the skilled golfers’ attentional processes in the NC initially resembled those in the EC and then moved toward those in the IC just before putting. This indicates a switch from more automatic processes to cognitive control processes while preparing to putt. The findings offer support for the meshed control theory and indicate the dynamic nature of neuromotor processes for the superior performance of athletes in challenging situations. (shrink)

First published in 2010, Cornelia Vismann’s article has already attained the status of a classic. In a formulation inspired by linguistic theory, the author argues that the relation between cultural techniques and media can be understood in analogy to grammatical operations. Thus, cultural techniques define the agency of media and execute the procedural rules which the latter set in place. Together, they articulate a critique of subjectivity and sovereignty that proceeds by re-examining the notion of ‘culture’ via its agricultural (...) origins to the current moment when the ‘preservation of cultural techniques’ has entered legal and academic discourse. Ultimately, despite their apparent separation from praxis, cultural techniques continue to proliferate through axes of substitution and displacement. (shrink)

The following text provides a conceptual and theoretical introduction to a collection of essays written by members of the multidisciplinary network of scholars, artists and cultural producers named ‘Poetics of Resistance’, which seeks to analyse and encourage discussion of the relationships between creativity, culture and political resistance, in the context of neoliberal globalization. The introduction also provides a critical glossary of a set of loosely interlinking keywords, following Raymond Williams, that mark points of encounter and departure between the approaches of (...) the various authors (not to be confused with the list of keywords used to index each article). Rather than presenting a completed research project, this issue serves as a basis for continuing collaborative research and dialogue in the field, and invites readers to join in the ongoing debate. The contributors to this issue are Paulina Aroch Fugellie, Burghard Baltrusch, Arturo Casas, María do Cebreiro Rábade Villar, Roberto Echavarren, Marcos Giadas Conde, Cornelia Gräbner, Nathalia Jabur, Thomas Muhr and David Wood. (shrink)

The intuitive notion of a binary relation on information-bearers, comparingthem with respect to their closeness to the available information, is oftenconstrued in terms of comparing their symmetric difference with, orcompositional similarity to, the available information. This happens forinstance in some treatments of verisimilitude. We expound an abstractmathematical rendering of the relevant data-dependent relation in theframework of Boolean algebras. For every element t of a Boolean algebra B we construct the t-modulated Boolean algebra Btin which the order relation represents `is at (...) most as compatible with t as'' or `is at best as similar to t as''. In the case of Lindenbaum-Tarskialgebras, t expresses the available information, and the compatibilityrelation turns out to be an entwinement of inferential and conjecturalrelations. It is just classical entailment when no information is available(i.e., when t is logically true) and becomes more boldly abductive themore information is available. The rich algebraic structures of a Boolean algebra –- including its Boolean group structures –- play a significant role in this combination of deduction and abduction and also induce cautious anddaring variants of the compatibility relation. Links with the literature onverisimilitude, abduction, and related topics are indicated. (shrink)

This article contests the popular assumption that literature is ever less politically relevant. Quite the contrary is the case: literature and literary language becomes increasingly important for the alter-globalization movement and for the notion that ‘another world is possible.’ The work of four authors—Manu Chao, Eduardo Galeano, Subcomandante Marcos, and José Saramago—are comparatively analysed in light of their contribution to an alternative globalism and to an alternative practice of politics. All four authors contribute from different perspectives to the literary articulation (...) of a political project. Their work shares characteristics such as the permeability of genres, the emphasis on the poetical over the narrative, a meandering structure that expresses the search for and step-by-step construction of a cultural and political alternative, and an emphasis on translation and encounter as principles of interaction with difference. (shrink)

Dieses Buch schreibt Theorie. Es entwirft am Beispiel von Wilhelm Raabes Erzähltexten zwischen 1856 und 1902 den Grundriss einer ontologischen Narratologie, der über seinen historischen Gegen-stand hinaus systematische Gültigkeit beansprucht. Den Ausgangspunkt bildet die Frage: Was ist Welt?