Employers of all types, including group practices, health maintenance organizations, and university and other hospital practices, commonly include noncompetition clauses in physician employment contracts. The clauses only apply in the event physicians leave their employers, and typically only limit activities in relatively narrow geographic areas. Consequently, physicians often agree to the clauses without much thought or analysis. This is a mistake, as the clauses may have broad adverse ramifications for both physicians and patients.This article identifies the standard components of noncompetition (...) clauses, addresses the ethical and practical concerns they raise, and reviews recent court decisions on point. The article concludes that despite public policy concerns, courts can and often do enforce the clauses. The purpose of the article, therefore, is to increase physicians’ awareness of the potential impact of these clauses, and to encourage physicians to carefully consider whether to accept contracts that contain them, or at the very least to negotiate for the least restrictive terms possible. (shrink)

Employers of all types, including group practices, health maintenance organizations, and university and other hospital practices, commonly include noncompetition clauses in physician employment contracts. The clauses only apply in the event physicians leave their employers, and typically only limit activities in relatively narrow geographic areas. Consequently, physicians often agree to the clauses without much thought or analysis. This is a mistake, as the clauses may have broad adverse ramifications for both physicians and patients.This article identifies the standard components of noncompetition (...) clauses, addresses the ethical and practical concerns they raise, and reviews recent court decisions on point. The article concludes that despite public policy concerns, courts can and often do enforce the clauses. The purpose of the article, therefore, is to increase physicians’ awareness of the potential impact of these clauses, and to encourage physicians to carefully consider whether to accept contracts that contain them, or at the very least to negotiate for the least restrictive terms possible. (shrink)

We introduce a new notion of tame geometry for structures admitting an abstract notion of balls. The notion is named b-minimality and is based on definable families of points and balls. We develop a dimension theory and prove a cell decomposition theorem for b-minimal structures. We show that b-minimality applies to the theory of Henselian valued fields of characteristic zero, generalizing work by Denef–Pas [25, 26]. Structures which are o-minimal, v-minimal, or p-minimal and which satisfy some slight extra conditions are (...) also b-minimal, but b-minimality leaves more room for nontrivial expansions. The b-minimal setting is intended to be a natural framework for the construction of Euler characteristics and motivic or p-adic integrals. The b-minimal cell decomposition is a generalization of concepts of Cohen [11], Denef [15], and the link between cell decomposition and integration was first made by Denef [13]. (shrink)

Appearing in English for the first time, Schelling’s 1842 lectures develop the idea that many philosophical concepts are born of religious-mythological notions.

There are two alternative approaches to accommodating an agent-centered restriction against, say, φ-ing. One approach is to prohibit agents from ever φ-ing. For instance, there could be an absolute prohibition against breaking a promise. The other approach is to require agents both to adopt an end that can be achieved only by their not φ-ing and to give this end priority over that of minimizing overall instances of φ-ing. For instance, each agent could be required both to adopt the end (...) of minimizing their own promise-breakings and to give this end priority over that of minimizing promise-breakings overall. The former is what I’ll call the side-constraint approach, and the latter is what I’ll call the teleological approach. In this chapter, I argue that, when it comes to accommodating restrictions, we should (1) favor the teleological approach over the side-constraint approach, (2) favor an act-consequentialist approach over a non-consequentialist, teleological approach (such as Rossian pluralism), and (3) favor a Kantsequentialist approach over other act-consequentialist approaches, where Kantsequentialism is a version of act-consequentialism that holds that persons are ends-in-themselves who are inherently and unconditionally valuable and are, thus, owed our respect. (shrink)

We must, therefore, make a study of mechanism; but some introduction is advisable, for cybernetics treats the subject from a new, and therefore unusual, ...

The words quoted above distill the common secular conception of death. If we decline the traditional religious reassurances of an afterlife, or their fuzzy new age equivalents, and instead take the hard-boiled and thoroughly modern materialist view of death, then we likely end up with Gonzalez-Cruzzi. Rejecting visions of reunions with loved ones or of crossing over into the light, we anticipate the opposite: darkness, silence, an engulfing emptiness. But we would be wrong.

Through clear explanation of its characteristic concepts and doctrines, and paying close attention to the published works of its philosophers, the volume ...

Martin Buber is considered one of the 20th centuryes greatest thinkers and his contributions to philosophy, theology and education are testimony to this. His thought is founded on the idea that people are capable of two kinds of relations, namely I-Thou and I-It, emphasising the centrality of dialogue in all spheres of human life. For this reason, Buber is considered by many to be the philosopher of dialogue par excellence. After Buberes death the appreciation of his considerable legacy to the (...) various disciplines in which he had worked became rather muted, but was never completely forgotten. There is now a renewed and growing interest in Buberes thought, especially in his philosophy of education. This book brings together aspects of Buberes philosophy and educational practice, and explains their significance for peace dialogue and for conflict resolution, both between individuals and communities. Buber's philosophy of dialogue and views on education are pivotal in demonstrating the personal and social benefits of dialogical education as well as the dangers of non-dialogical education. The book will be valuable reading for academics, researchers and postgraduate students interested in Martin Buber, education, peace dialogue and conflict resolution. (shrink)

Back injuries have a bad reputation. The workman looks upon them with apprehension, the insurance company with doubt, the medical examiner with suspicion, the lawyer with uncertainty. The medical examiner is faced with the difficulty of estimating the true value of the subjective symptoms in the comparative absence of physical signs. His suspicion is born of the frequent disparity between these two. This prophetic statement made almost 100 years ago highlights an ongoing problem - how people who are incapacitated by (...) painful conditions such as chronic low back pain can be evaluated consistently and equitably for purposes of disability compensation. We confronted this vexing problem when we participated in writing the chapter devoted to impairment associated with pain of the American Medical Association s Guides to the Evaluation of Permanent Impairment, 5th edition AMA Guides 5th Our purposes in this essay are to clarify several important conceptual issues associated with the assessment of pain among disability applicants, and to articulate reasons why pain should be considered in impairment and disability ratings. (shrink)

Back injuries have a bad reputation. The workman looks upon them with apprehension, the insurance company with doubt, the medical examiner with suspicion, the lawyer with uncertainty. The medical examiner is faced with the difficulty of estimating the true value of the subjective symptoms in the comparative absence of physical signs. His suspicion is born of the frequent disparity between these two. This prophetic statement made almost 100 years ago highlights an ongoing problem - how people who are incapacitated by (...) painful conditions such as chronic low back pain can be evaluated consistently and equitably for purposes of disability compensation. We confronted this vexing problem when we participated in writing the chapter devoted to impairment associated with pain of the American Medical Association s Guides to the Evaluation of Permanent Impairment, 5th edition AMA Guides 5th Our purposes in this essay are to clarify several important conceptual issues associated with the assessment of pain among disability applicants, and to articulate reasons why pain should be considered in impairment and disability ratings. (shrink)

Darwinism presents a paradox. It discredits the notion that one’s life has any intrinsic meaning, yet it predicts that we are designed by Darwinian natural selection to generally insist that it must—and so necessarily designed to misunderstand and doubt Darwinism. The implications of this paradox are explored here, including the question of where then does the Darwinist find meaning in life? The main source, it is proposed, is from cognitive domains for meaning inherited from sentient ancestors—domains that reveal our evolved (...) human nature as the fool that it is: given to distractions and delusions of many kinds, designed by natural selection primarily for one essential purpose—to allay our instinctual fear of failed legacy, rooted in our uniquely human awareness that we are not immortal. Darwinism, however, also teaches that genuine legacy is a fate enjoyed only by individual genes. Accordingly, as argued here, those genes with the grandest legacy—and hence rampant within us—are of two types: “legacy-drive” genes delude us into thinking that the legacy can be individually and personally ours; and “leisure-drive” genes distract us from the agonizing truth that it can never be. The most rudimental delusion of legacy is the perception of offspring as vehicles for memetic legacy—the transmission of resident memes from one’s mind to the minds and behaviors of offspring— thus also ensuring genetic legacy: the transmission of resident genes, including importantly, genes inherited from ancestors that influence both legacy and leisure drives. Today, legacyand leisure-drive genes reveal their phenotypes across a wide range of human affairs, and together with the phenotypes of survival- and sex-drive genes, they provide a foundation for a novel view of the Darwinian roots of cultural evolution. (shrink)

Darwinism presents a paradox. It discredits the notion that one’s life has any intrinsic meaning, yet it predicts that we are designed by Darwinian natural selection to generally insist that it must—and so necessarily designed to misunderstand and doubt Darwinism. The implications of this paradox are explored here, including the question of where then does the Darwinist find meaning in life? The main source, it is proposed, is from cognitive domains for meaning inherited from sentient ancestors—domains that reveal our evolved (...) human nature as the fool that it is: given to distractions and delusions of many kinds, designed by natural selection primarily for one essential purpose—to allay our instinctual fear of failed legacy, rooted in our uniquely human awareness that we are not immortal. Darwinism, however, also teaches that genuine legacy is a fate enjoyed only by individual genes. Accordingly, as argued here, those genes with the grandest legacy—and hence rampant within us—are of two types: “legacy-drive” genes delude us into thinking that the legacy can be individually and personally ours; and “leisure-drive” genes distract us from the agonizing truth that it can never be. The most rudimental delusion of legacy is the perception of offspring as vehicles for memetic legacy—the transmission of resident memes from one’s mind to the minds and behaviors of offspring—thus also ensuring genetic legacy: the transmission of resident genes, including importantly, genes inherited from ancestors that influence both legacy and leisure drives. Today, legacy- and leisure-drive genes reveal their phenotypes across a wide range of human affairs, and together with the phenotypes of survival- and sex-drive genes, they provide a foundation for a novel view of the Darwinian roots of cultural evolution. (shrink)

Abstractabstract:Karl Marx’s acerbic observation in the opening lines of The Eighteenth Brumaire that “all facts and personages of great importance in world history occur the first time as tragedy, the second as farce” may be profitably applied to a reconsideration of literary farce sui generis, a genre represented in this article by a long-neglected work of utopian fiction, Archibald Marshall’s Upsidonia (1915). Although Upsidonia’s current disregard is arguably undeserved, the article’s chief interest is not to reclaim the novel on aesthetic (...) grounds but to illuminate the mechanics of what Marx would call its “serious buffoonery.” In its persistent reversal of capitalist principles and relations, Upsidonia naturally invites readers to revisit Marx, whose mordant gambit may serve as a key to Marshall’s own farcical plot and praxis, rooted in return and repetition, the essential maneuvers of farce itself. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 57 Heft: 1 Seiten: 138-154.

The meaning of niche and competitive ability have long been surrounded by controversy. The reason for this stems from the obscure relationship that exists between these terms. This extends from the views of Darwin through Eltonian tradition to current views in which the meaning of competitive ability is implicitly infused into the paradigm of niche. Distinct operational definitions for niche and competitive ability are therefore established with special reference to plants. It is proposed that potential niche refer explicitly to a (...) theoretical hyperspace of places where a species would leave descendents if all biotic interactions were precluded, and that competitive ability refer to the relative capacity to leave descendents in a particular place in the face of restrictions imposed by competitive interaction. This leads to a qualitative comprehensive theory for coexistence which may be extended to any type of biotic interaction. Niche and competitive ability are both determined by the biological attributes of a species and may be independently adjusted in a population by natural selection in contexts of competition. Species coexistence in nature may therefore be a consequence of alternative evolutionary mechanisms which may operate to various degrees in concert: (1) natural selection leading to niche differentiation; (2) an ongoing process of reciprocal selection (coevolution) which maintains an approximate balance in relative competitive abilities for contested resources. (shrink)

Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)