First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Much attention has been focused in recent years on the ethical acceptability of physicians receiving gifts from drug companies. Professional guidelines recognize industry gifts as a conflict of interest and establish thresholds prohibiting the exchange of large gifts while expressly allowing for the exchange of small gifts such as pens, note pads, and coffee. Considerable evidence from the social sciences suggests that gifts of negligible value can influence the behavior of the recipient in ways the recipient does not always realize. (...) Policies and guidelines that rely on arbitrary value limits for gift-giving or receipt should be reevaluated. (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Much attention has been focused in recent years on the ethical acceptability of physicians receiving gifts from drug companies. Professional guidelines recognize industry gifts as a conflict of interest and establish thresholds prohibiting the exchange of large gifts while expressly allowing for the exchange of small gifts such as pens, note pads, and coffee. Considerable evidence from the social sciences suggests that gifts of negligible value can influence the behavior of the recipient in ways the recipient does not always realize. (...) Policies and guidelines that rely on arbitrary value limits for gift-giving or receipt should be reevaluated. (shrink)

Einstein’s razor, a corollary of Ockham’s razor, is often paraphrased as follows: make everything as simple as possible, but not simpler. This rule of thumb describes the challenge that designers of a legal system face—to craft simple laws that produce desired ends, but not to pursue simplicity so far as to undermine those ends. Complexity, simplicity’s inverse, taxes cognition and increases the likelihood of suboptimal decisions. In addition, unnecessary legal complexity can drive a misallocation of human capital toward comprehending and (...) complying with legal rules and away from other productive ends. While many scholars have offered descriptive accounts or theoretical models of legal complexity, most empirical research to date has been limited to simple measures of size, such as the number of pages in a bill. No extant research rigorously applies a meaningful model to real data. As a consequence, we have no reliable means to determine whether a new bill, regulation, order, or precedent substantially effects legal complexity. In this paper, we begin to address this need by developing a proposed empirical framework for measuring relative legal complexity. This framework is based on “knowledge acquisition”, an approach at the intersection of psychology and computer science, which can take into account the structure, language, and interdependence of law. We then demonstrate the descriptive value of this framework by applying it to the U.S. Code’s Titles, scoring and ranking them by their relative complexity. We measure various features of a title including its structural size, the net flow of its intra-title citations and its linguistic entropy. Our framework is flexible, intuitive, and transparent, and we offer this approach as a first step in developing a practical methodology for assessing legal complexity. (shrink)

Building on the computer science concept of _code smells_, we initiate the study of _law smells_, i.e., patterns in legal texts that pose threats to the comprehensibility and maintainability of the law. With five intuitive law smells as running examples—namely, duplicated phrase, long element, large reference tree, ambiguous syntax, and natural language obsession—, we develop a comprehensive law smell taxonomy. This taxonomy classifies law smells by when they can be detected, which aspects of law they relate to, and how they (...) can be discovered. We introduce text-based and graph-based methods to identify instances of law smells, confirming their utility in practice using the United States Code as a test case. Our work demonstrates how ideas from software engineering can be leveraged to assess and improve the quality of _legal_ code, thus drawing attention to an understudied area in the intersection of law and computer science and highlighting the potential of computational legal drafting. (shrink)

A recent online article in the Journal of Medical Ethics, which received wide media coverage, raised the possibility that children are being ‘subjected to torture’ due to the ‘fervent or fundamentalist views’ of their parents. However, the quality of argument in that article was inadequate to sustain such a radical thesis. There was no engagement with the perspectives of different religious traditions about end-of-life care. Instead the authors invoked practices such as male infant circumcision which are wholly irrelevant to the (...) end-of-life theme. There were serious failings in relation to core principles of social and epidemiological research practice: the study based its conclusion on a sample of only six cases and failed to consider even the more obvious confounding features. Rather than demonizing the religious beliefs of parents there should be recognition of the need for mutual respect, dialogue based on an ‘expert–expert relationship’ and collaboration based on ‘shared understanding’. (shrink)

There is evidence of reciprocal connectivity, similarity of oscillatory responses to stimulation of multiple motor and somatosensory cortices, whole system oscillation, and short- latency responses to behavioral perturbation. These suggest that frame/content may be instantiated by overlapping neural populations, and that the genesis of frame oscillations may be profitably thought of as an emergent property of a distributed neural system.

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

To improve the quality and efficiency of research, groups within the scientific community seek to exploit the value of data sharing. Funders, institutions, and specialist organizations are developing and implementing strategies to encourage or mandate data sharing within and across disciplines, with varying degrees of success. Academic journals in ecology and evolution have adopted several types of public data archiving policies requiring authors to make data underlying scholarly manuscripts freely available. The effort to increase data sharing in the sciences is (...) one part of a broader “data revolution” that has prompted discussion about a paradigm shift in scientific research. Yet anecdotes from the community and studies evaluating data availability suggest that these policies have not obtained the desired effects, both in terms of quantity and quality of available datasets. We conducted a qualitative, interview-based study with journal editorial staff and other stakeholders in the academic publishing process to examine how journals enforce data archiving policies. We specifically sought to establish who editors and other stakeholders perceive as responsible for ensuring data completeness and quality in the peer review process. Our analysis revealed little consensus with regard to how data archiving policies should be enforced and who should hold authors accountable for dataset submissions. Themes in interviewee responses included hopefulness that reviewers would take the initiative to review datasets and trust in authors to ensure the completeness and quality of their datasets. We highlight problematic aspects of these thematic responses and offer potential starting points for improvement of the public data archiving process. (shrink)

This contribution to part 4 of the Common Knowledge symposium “Fuzzy Studies: On the Consequence of Blur” shows how the reputedly radical position that history is not about eternal truths but about the creative construction of a convincing narrative of past events is not an argument of recent vintage. In the days when postmodernism was a technical term used mainly by scholars of art and architecture—and indeed, decades before then—professional historians were grappling with the incapacity of facts to write themselves (...) into a universally satisfying, single version of history. Successive presidents of the American Historical Association such as Andrew Dickson White, Carl Becker, Charles Beard, and William McNeill admitted that writing history is a desperate attempt at pattern recognition in a fuzzy discipline. Pattern recognition is a tool, valuable as a stage in historical thinking, but destined ultimately to come undone. What remains, then, is fuzzy thinking. It can be a good thing, the article concludes, to let our thinking about history remain a blur or, at least, to bear in mind that any patterns we recognize in the past are liable to dissolve under a different light. (shrink)

The essays in this volume are a contribution to this process of reappraisal, focusing specifically on the phenomena of scepticism and millenarianism, especially ...

This latest book, whose editors were among those who prepared the first two volumes, centers on Popkin's crucial role in bringing together scholars from around ...