During an emergency, laws serve crucial functions, including clarifying responsibilities, authorizing critical interventions, and protecting vulnerable populations. However, provisions of existing laws designed for normal, non-emergency circumstances may sometimes hinder emergency response efforts, thereby potentially endangering the public's health rather than protecting it. Pursuant to declared states of emergency, disaster, or public health emergency, however, the legal landscape changes in several important ways. Interventions not legally permissible under non-emergency circumstances become available. One key example is authority to temporarily waive legal (...) provisions that may impede emergency response efforts, such as professional licensing requirements, facility capacity limitations, pharmaceutical pedigree obligations, and state contract restrictions, among other laws spanning a host of legal spheres.This article examines the structure and use of waiver authority in emergencies. It provides recent examples of waivers and analyzes potential application to a hypothetical emergency scenario. (shrink)

Used appropriately, reliance on science distinguishes public health from policymaking driven more by theory and opinion and enhances trust in public health interventions. Evidence-based vaccine policymaking aims to control communicable disease by urging decision makers to base policies on the best available evidence rather than politics or personal views. The results of this approach, such as smallpox eradication, have been dramatic. Historically, mandatory childhood vaccination has been perhaps the most successful evidence-based tool in combating many epidemics. Philosophically, vaccination mandates correspond (...) to the legal system’s dual role in codifying what society deems undesirable behavior and declaring beneficial social norms and values consistent with understandings of the social contract. Despite their effectiveness and philosophical grounding, vaccination mandates present serious legal and ethical questions. Public health policymakers have a continuing responsibility to rely on evidence not only as a basis for generating policy, but also for evaluating and improving elements of its legal design. (shrink)

Major disasters and public health emergencies constantly test the nation's resolve to rally and recover from tragedy. Public health crises stemming from prolonged threats like the 2009/2010 H1N1 influenza pandemic require sustained preparedness and response over many months. Even shorter-duration events, like tornados, earthquakes, or hurricanes, leave lasting impacts for which full recovery may take years. Telling examples include the displacement of thousands of persons across the Gulf Coast states following Hurricane Katrina in 2005 and difficulties obtaining basic housing and (...) services that persisted in the Northeast months after Hurricane Sandy in 2012. Whether the result of natural disasters, infectious disease outbreaks, bioterrorism, or other causes, these events can change the societal landscape in affected regions.Despite the challenges of recovery across populations stemming from national or regional emergencies, Americans have consistently supported those directly affected. (shrink)

Major disasters and public health emergencies constantly test the nation's resolve to rally and recover from tragedy. Public health crises stemming from prolonged threats like the 2009/2010 H1N1 influenza pandemic require sustained preparedness and response over many months. Even shorter-duration events, like tornados, earthquakes, or hurricanes, leave lasting impacts for which full recovery may take years. Telling examples include the displacement of thousands of persons across the Gulf Coast states following Hurricane Katrina in 2005 and difficulties obtaining basic housing and (...) services that persisted in the Northeast months after Hurricane Sandy in 2012. Whether the result of natural disasters, infectious disease outbreaks, bioterrorism, or other causes, these events can change the societal landscape in affected regions.Despite the challenges of recovery across populations stemming from national or regional emergencies, Americans have consistently supported those directly affected. (shrink)

Since its inception in September 2010, the Network for Public Health Law has responded to hundreds of public health legal technical assistance claims from around the country. Based on a review of these data, a series of major trends in public health practice and the law are analyzed, including issues concerning: the Affordable Care Act, tobacco control, emergency legal preparedness, health information privacy, food policy, vaccination, drug overdose prevention, sports injury law, public health accreditation, and maternal breastfeeding. These and other (...) emerging themes in public health law demonstrate the essential role of law and practice in advancing the public's health. (shrink)

Public health law research reveals significant complexities underlying the use of law as an effective tool to improve health outcomes across populations. The challenges of applying public health law in practice are no easier. Attorneys, public health officials, and diverse partners in the public and private sectors collaborate on the front lines to forge pathways to advance population health through law. Meeting this objective amidst competing interests requires strong practice skills to shift through sensitive and sometimes urgent calls for action (...) to address known threats to the health of individuals and the community. It also necessitates objective, timely information and national and regional legal support. (shrink)

Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's “individual mandate” (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial “inactivity.” Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. (...) Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. (shrink)

Despite historic efforts to enact the Patient Protection and Affordable Care Act in 2010, national health reform is threatened by multiple legal challenges grounded in constitutional law. Premier among these claims is the premise that PPACA’s “individual mandate” is constitutionally infirm. Attorneys General in Virginia and Florida allege that Congress’ interstate commerce powers do not authorize federal imposition of the individual mandate because Congress lacks the power to regulate commercial “inactivity.” Stated simply, Congress cannot regulate individuals who choose not to (...) obtain health insurance because they are not engaged in a commercial venture. Several courts initially considering this argument have rejected it, but two federal district courts in Virginia and Florida have concurred, leading to numerous appeals and the near promise of United States Supreme Court review. (shrink)

Television advertisements depicting the use of electronic cigarettes have recently exposed minors to images of smoking behaviors. While these advertisements are currently legal, existing laws should be interpreted or expanded to ban the commercial depiction of smoking behaviors with any product that resembles a cigarette to shield minors from potentially influential advertising.

Amid the action of the 2013 Super Bowl aired the usual array of high-priced advertisements. Most ads were original. Some were unusual. One regional ad, however, seemed distantly familiar. The 30-second commercial promoted the NJOY King electronic cigarette1 to at least 10 million viewers in several major markets. It featured an attractive male model taking a drag from what looks like a cigarette. He then slowly blows smoke to the tune of Foreigner’s “Feels Like the First Time.” Of course, the (...) “smoke” does not come from burning tobacco. Rather, it is the water vapor produced by an e-cigarette as part of its nicotine delivery process. This, however, was not evident from the imagery. For those watching the broadcast, including thousands of minors, NJOY’s advertisement depicted what tobacco companies have not portrayed on television for decades: a person engaged in smoking behavior. (shrink)

Despite a widely agreed necessity for agroecological transition, there are various substantial constraints that hinder the adoption of alternative, more sustainable, practices. We employ the niche management concept to examine the initial phases of transition in the local wine-growing niche in Israel, or specifically, the replacement of herbicides with the use of cover-crops combined with the practice of mowing of herbaceous growth using specialized trimming machines. Our goal is to uncover the triggers, drivers and agents of change in farming practices (...) within the agroecological system in which it happened, despite entrenched, widely recognized risk perceptions among farmers. The problem-oriented research design revolved around a transdiciplinary team that included ecologists and social scientists. We identified three groups of frontrunners who initiated, developed and sustained the adoption of the more sustainable agricultural practices. The two-year study focused on interviewing vineyard farmers who were transitioning to cover crops, and this qualitative research was paralleled with continuous ecological monitoring. The farmers believed that the risks inherent in the new practice, if any, were preventable and manageable. The transdisciplinary research design, which integrated farmers into the social and ecological research process, further assisted in facilitating a transition by creating a forum for stimulating communication between diverse stakeholders during the transition, increasing trust between actors from the various sectors and identifying key issues of concern (e.g., risk and associated costs) to better align the motives of farmers, wine-makers, and ecologists. The research design may have also contributed to the adoption of a more holistic view of the agroecological system by various stakeholders and the belief that one cultivation method clearly benefits the system, particularly in the long-term. We therefore conclude with key-insights on the role of the research itself in agroecological transition processes. (shrink)

Research on emotion and emotion regulation is expected to improve our understanding of psychopathology. However, achieving this understanding requires overcoming several obstacles, including the paucity of objective markers of specific emotions or psychiatric diagnoses, and the fact that emotion regulation is a concept that can be difficult to operationalize. We review affective neuroscience research that has addressed these issues by focusing on psychological and neural mechanisms implicated in approach and avoidance behaviors, as revealed by studies of fear, anxiety, and reward (...) processing. Dysfunction in these mechanisms may serve as risk markers for psychopathology, while emotion regulation research demonstrates that some of them are susceptible to volitional control. The conclusion acknowledges limitations of affective neuroscience and highlights goals for future work. (shrink)

This paper describes KRL, a Knowledge Representation Language designed for use in understander systems. It outlines both the general concepts which underlie our research and the details of KRL‐0, an experimental implementation of some of these concepts. KRL is an attempt to integrate procedural knowledge with a broad base of declarative forms. These forms provide a variety of ways to express the logical structure of the knowledge, in order to give flexibility in associating procedures (for memory and reasoning) with specific (...) pieces of knowledge, and to control the relative accessibility of different facts and descriptions. The formalism for declarative knowledge is based on structured conceptual objects with associated descriptions. These objects form a network of memory units with several different sorts of linkages, each having well‐specified implications for the retrieval process. Procedures can be associated directly with the internal structure of a conceptual object. This procedurul attachment allows the steps for a particular operation to be determined by characteristics of the specific entities involved.The control structure of KRL is based on the belief that the next generation of intelligent programs will integrate data‐directed and goal‐directed processing by using multiprocessing. It provides for a priority‐ordered multiprocess agenda with explicit (user‐provided) strategies for scheduling and resource allocation. It provides procedure directories which operate along with process frameworks to allow procedural parameterization of the fundamental system processes for building, comparing, and retrieving memory structures. Future development of KRL will include integrating procedure definition with the descriptive formalism. (shrink)

[Correction Notice: An erratum for this article was reported in Vol 109 of Psychological Review. Due to circumstances that were beyond the control of the authors, the studies reported in "Models of Ecological Rationality: The Recognition Heuristic," by Daniel G. Goldstein and Gerd Gigerenzer overlap with studies reported in "The Recognition Heuristic: How Ignorance Makes Us Smart," by the same authors and with studies reported in "Inference From Ignorance: The Recognition Heuristic". In addition, Figure 3 in the Psychological Review (...) article was originally published in the book chapter and should have carried a note saying that it was used by permission of Oxford University Press.] One view of heuristics is that they are imperfect versions of optimal statistical procedures considered too complicated for ordinary minds to carry out. In contrast, the authors consider heuristics to be adaptive strategies that evolved in tandem with fundamental psychological mechanisms. The recognition heuristic, arguably the most frugal of all heuristics, makes inferences from patterns of missing knowledge. This heuristic exploits a fundamental adaptation of many organisms: the vast, sensitive, and reliable capacity for recognition. The authors specify the conditions under which the recognition heuristic is successful and when it leads to the counter-intuitive less-is-more effect in which less knowledge is better than more for making accurate inferences. (shrink)

I argue against the tendency in the philosophy of science literature to link abduction to the inference to the best explanation (IBE), and in particular, to claim that Peireean abduction is a conceptual predecessor to IBE. This is not to discount either abduction or IBE. Rather the purpose of this paper is to clarify the relation between Peireean abduction and IBE in accounting for ampliative inference in science. This paper aims at a proper classification—not justification—of types of scientific reasoning. In (...) particular, I claim that Peireean abduction is an in-depth account of the process of generating explanatory hypotheses, while IBE, at least in Peter Lipton's thorough treatment, is a more encompassing account of the processes both of generating and of evaluating scientific hypotheses. There is then a two-fold problem with the claim that abduction is IBE. On the one hand, it conflates abduction and induction, which are two distinct forms of logical inference, with two distinct aims, as shown by Charles S. Peirce; on the other hand it lacks a clear sense of the full scope of IBE as an account of scientific inference. (shrink)

The Giving Voice to Values pedagogy and curriculum is described as an example of a powerful leverage point in the integration of business ethics and values-driven leadership across the business curriculum. GVV is post-decision-making in that it identifies an ethical course of action and asks practitioners to identify who are the parties involved and what’s at stake for them; what are the main arguments to be countered; and what levers that can be used to influence those who are in disagreement. (...) The internalization of GVV’s constructs allows faculty to comfortably raise and endorse ethics as part of the natural order of business decision-making because the stakes of doing so have been normalized. Methods for introducing and using GVV in undergraduate through MBA courses are given. An illustration is given for economics courses. (shrink)

We have synthesized a 582,970-base pair Mycoplasma genitalium genome. This synthetic genome, named M. genitalium JCVI-1.0, contains all the genes of wild-type M. genitalium G37 except MG408, which was disrupted by an antibiotic marker to block pathogenicity and to allow for selection. To identify the genome as synthetic, we inserted "watermarks" at intergenic sites known to tolerate transposon insertions. Overlapping "cassettes" of 5 to 7 kilobases (kb), assembled from chemically synthesized oligonucleotides, were joined by in vitro recombination to produce intermediate (...) assemblies of approximately 24 kb, 72 kb ("1/8 genome"), and 144 kb ("1/4 genome"), which were all cloned as bacterial artificial chromosomes in Escherichia coli. Most of these intermediate clones were sequenced, and clones of all four 1/4 genomes with the correct sequence were identified. The complete synthetic genome was assembled by transformation-associated recombination cloning in the yeast Saccharomyces cerevisiae, then isolated and sequenced. A clone with the correct sequence was identified. The methods described here will be generally useful for constructing large DNA molecules from chemically synthesized pieces and also from combinations of natural and synthetic DNA segments. 10.1126/science.1151721. (shrink)

There is a fairly long-standing distinction between what are called the ideographic as opposed to nomothetic sciences. The nomothetic sciences, such as physics, offer explanations in terms of the laws and regular operations of nature. The ideographic sciences, such as natural history, cast explanations in terms of narratives. This article offers an account of what is involved in offering an explanatory narrative in the historical sciences. I argue that narrative explanations involve two chief components: a possibility space and an explanatory (...) causal mechanism. (shrink)

This study examines the deliberations of professional MBA students when presented with a dilemma that weighs the difference between commitments to profit-maximization against concerns for fired workers who would need to seek a new job during a recession. Using content analysis, accounting, economic, and ethically based rationales that differ from the profit-maximizing recommendation are categorized. Results also show that those who make non-profit-maximizing recommendations consider, but ultimately reject the profit-maximizing approach to layoffs.

The 1980s witnessed a dramatic increase in hostile takeovers in the United States. Proponents argue that well- planned mergers enhance the value of the firm and the value of the firm to society. Critics typically argue that undesired takeovers ultimately harm society due to external costs not borne by the acquiring firm. To be socially responsible, the manager must consider the effects of the merger/acquisition on all stakeholders. Different traditional ethical frameworks for decision making are proposed and reviewed. A model (...) is proposed. (shrink)

: C.S. Peirce defines mathematics in two ways: first as "the science which draws necessary conclusions," and second as "the study of what is true of hypothetical states of things" (CP 4.227–244). Given the dual definition, Peirce notes, a question arises: Should we exclude the work of poietic hypothesis-making from the domain of pure mathematical reasoning? (CP 4.238). This paper examines Peirce's answer to the question. Some commentators hold that for Peirce the framing of mathematical hypotheses requires poietic genius but (...) is not scientific work. I propose, to the contrary, that although Peirce occasionally seems to exclude the poietic creation of hypotheses altogether from pure mathematical reasoning, Peirce's position is rather that the creation of mathematical hypotheses is poietic, but it is not merely poietic, and accordingly, that hypothesis-framing is part of mathematical reasoning that involves an element of poiesis but is not merely poietic either. Scientific considerations also inhere in the process of hypothesis-making, without excluding the poietic element. In the end, I propose that hypothesis-making in mathematics stands between artistic and scientific poietic creativity with respect to imaginative freedom from logical and actual constraints upon reasoning. (shrink)

This paper aims to position the birth of the Medical Humanities movement in a greater historical context of twentieth century American medical education and to paint a picture of the current landscape of the Medical Humanities in medical training. It first sheds light on the model of medical education put forth by Abraham Flexner through the publishing of the 1910 Flexner Report, which set the stage for defining physicians as experimentalists and rooting the profession in research institutions. While this paved (...) the way for medical advancements, it came at the cost of producing a patriarchal approach to medical practice. By the late 1960s, the public persona of the profession was thus devoid of humanism. This catalyzed the birth of the Medical Humanities movement that helped lay the framework for what has perpetuated as the ongoing incorporation of humanistic subjects into medical training. As we enter a time in medicine in which rates of burnout are ever-increasing and there are growing concerns about a concomitant reduction in empathy among trainees, the need for instilling humanism remains important. We must consequently continue to consider how to ensure the place of the Medical Humanities in medical education moving forward. (shrink)

Henry David Thoreau’s discussion of the highest value of wild apples and my own reflection upon my experience, interacting with the sea and enjoying its products during my Central American upbringing, motivate this discussion of how human beings may apprehend nature’s highest worth. I propose that in order to apprehend nature’s highest value it is necessary to understand the complete transaction between human beings and nature—an active transaction that requires from the human being a continuous movement along experience, reflection, and (...) responsible action. I argue that the economic valuation of natural products—via the contemporary economic concepts of utility, use-value, existence-value, and willingness-to-pay—is insufficient to comprehend the full worth of nature because it reduces the human being-nature transaction to mere economic terms. Hence, a reading of Ralph Waldo Emerson’s Nature provides insight into the services—commodity, beauty, language, and discipline—that the human being receives, as part of the transaction, from nature. In turn, a reading of Aldo Leopold’s A Sand County Almanac complements the Emersonian position by considering the human being’s position as a member of a natural community. Finally, I propose that in order to apprehend the worth of nature, it is further necessary to move from the reflective understanding of the human being-nature transaction into necessary action, that is, into the assumption of responsibility towards nature. (shrink)

in two letters concerning the Spanish-American War of 1898, Charles Sanders Peirce openly expresses some egregious prejudices against several groups of people, including Hispanics—people of at least partly Spanish origin in the Iberian Peninsula or the Americas (L 254 and L 339; reprint, translation to Spanish, and commentary in Nubiola and Zalamea 76–811). In an undated letter to his cousin Henry Cabot Lodge, a Massachusetts politician, Peirce writes regarding the war: “I don’t believe the Spaniards will make a good fight; (...) for as I have studied them in Spain, the whole people has been corrupted with the centuries of cruelty, injustice and rapine they have indulged in, and have little real manhood left” (L 254; .. (shrink)

With increasing complexity in the evolving structure of work in organizations, employees’ preferences for working from home (WFH) relative to working on-site can lead to systematic differences in perceived career implications. An emerging tension associated with WFH versus work-at-work is whether this locational divide is associated with concerns over career progression, especially among racial minorities. Here, we seek to determine whether Black employees, relative to their White counterparts, have more concerns over career progression relating to WFH compared with their on-site (...) colleagues. From a sample of employees in the May 2021 cross-section of the Survey of Working Arrangements and Attitudes (SWAA), we find that relative to higher (lower) income White employees, higher (lower) income Black WFH employees have significantly higher (lower) concerns over career progression than their on-site counterparts. These findings speak both to the nontrivial choices employees may be forced to make as the structure of work continues to evolve and consequences for racial inequality. (shrink)

Two institutions that are often implicit or overlooked in noncooperative games are the assumption of Nash behavior to solve a game, and the ability to correlate strategies. We consider two behavioral paradoxes; one in which maximin behavior rules out all Nash equilibria (‘Chicken’), and another in which minimax supergame behavior leads to an ‘inefficient’ outcome in comparison to the unique stage game equilibrium (asymmetric ‘Deadlock’). Nash outcomes are achieved in both paradoxes by allowing for correlated strategies, even when individual behavior (...) remains minimax or maximin. However, the interpretation of correlation as a public institution differs for each case. (shrink)

Two institutions that are often implicit or overlooked in noncooperative games are the assumption of Nash behavior to solve a game, and the ability to correlate strategies. We consider two behavioral paradoxes; one in which maximin behavior rules out all Nash equilibria (‘Chicken’), and another in which minimax supergame behavior leads to an ‘inefficient’ outcome in comparison to the unique stage game equilibrium (asymmetric ‘Deadlock’). Nash outcomes are achieved in both paradoxes by allowing for correlated strategies, even when individual behavior (...) remains minimax or maximin. However, the interpretation of correlation as a public institution differs for each case. (shrink)

Giving Voice To Values (GVV) serves as a framework to teach individuals methods to speak up when they witness actions that are contrary to their professional and personal values. This essay illustrates how GVV serves as a catalyst to advance both research and teaching activities.

We experimentally assess the ethics of the U.S. government’s indirect bailout of the bank counterparties of American International Group during the 2008 financial crisis. When the indirect bailout is jointly compared with a counterfactual where the government directly bails out the banks, subjects judge the indirect bailout to be far more unethical. On the other hand, when the two scenarios are judged separately, subjects consider a direct bailout of banks to be more unethical. This suggests that ethical judgments of indirect (...) versus direct action exhibit a type of preference reversal that is dependent upon whether the evaluation mode is joint or separate. The pedagogical and policy implications of this preference reversal are discussed. (shrink)

The aim of this work is threefold. First, it is an attempt to revisit the doctrine of God’s general revelation in conversation of dogmatic and biblical theology. Beyond the classical twofold categorizations of revelation, as natural and supernatural or general and special, in this work we argue for a threefold understanding of God’s general revelation: revelation in history, revelation in conscience and revelation in creation. Second, we intend to affirm that the foundation for this threefold conception of general revelation is (...) the doctrine of the Trinity and the perichoretic relationships between the three divine Persons in internal life of the Trinity as well as in their activity in creation and salvation. Therefore, history is a space of the Triune God’s revelation, the revelation in conscience is a trinitarian activity, and revelation in creation is unfolding the Father, who creates through the Son in the Spirit. Third, we aim to affirm that there could be possible to elaborate a perichoretic model of God’s general revelation. Being rooted in the perichoretic understanding of Trinity, such a model pressuposes the fact that the three forms of God’s general revelation are indisolubly connected, without contradiction, separation or confusion. (shrink)

This paper gives prescriptions for introducing ethical concerns into the economic theory of the firm. Topics include social responsibility, corporate governance, profit maximization, competition barriers, collusion, the market system, and welfare economics. The need for such prescriptions is based on a content analysis of 21 managerial economics texts for their coverage of ethics. My analysis finds that substantive discussions of ethics are conspicuous by their absence. As ethical breaches can involve significant monetary damages to a firm - particularly through adverse (...) market reactions - moral-reasoning abilities can complement analytical skills. Consequently, my analysis demonstrates how ethics figure into the opportunity costs of managerial decision making, which is central to the economic definition of profit. (shrink)