The False Claims Act, 31 U.S.C. § 3729, a post-Civil War law inspired by cases of defense contracting fraud, was revitalized in 1986. Since then it has been used to sue both manufacturers and providers of pharmaceuticals. In some cases, these suits were meant to target offlabel marketing of pharmaceuticals. In 2009, the 11th Circuit rendered a decision in Hopper v. Solvay Pharmaceuticals that dramatically limits the ability of private plaintiff whistle-blowers to bring qui tam suits under the FCA for (...) such marketing. In June 2010, the Supreme Court denied certiorari, making the Circuit court decision final. The Solvay decision creates a significant barrier to certain kinds of qui tam suits, requiring the plaintiff to demonstrate the intent to market off-label, including by showing specific prescriptions that were written as a result of efforts to do so. (shrink)

In six compelling chapters, this book recounts conversations that discuss what is ethical, why it does not occur more often, and how can we improve ethical conduct in our personal and public lives. The conversations include Knowing Ethical Principles, Learning How to Apply Principles in Practice, Moral Reminders, Accountability for Conduct, Addressing Structural Problems, and Ethical Vigilance. Major ethical perspectives are discussed in conversational format, as are fascinating ethical dilemmas taken from actual cases to evaluate and improve our ability to (...) identify ethical principles and make decisions that reflect concerns beyond self-interest. (shrink)

The U.S. Food and Drug Administration's rationale for supporting the development and approval of BiDil for heart failure specifically in black patients was based on under-powered, post hoc subgroup analyses of two relatively old trials , which were further complicated by substantial covariate imbalances between racial groups. Indeed, the only statistically significant difference observed between black and white patients was found without any adjustment for potential confounders in samples that were unlikely to have been adequately randomized. Meanwhile, because the accepted (...) baseline therapy for heart failure has substantially improved since these trials took place, their results cannot be combined with data from the more recent trial amongst black patients alone. There is therefore little scientific evidence to support the approval of BiDil only for use in black patients, and the FDA's rationale fails to consider the ethical consequences of recognizing racial categories as valid markers of innate biological difference, and permitting the development of group-specific therapies that are subject to commercial incentives rather than scientific evidence or therapeutic imperatives. This paper reviews the limitations in the scientific evidence used to support the approval of BiDil only for use in black patients; calls for further analysis of the V-HeFT I and II data which might clarify whether responses to H-I vary by race; and evaluates the consequences of commercial incentives to develop racialized medicines. We recommend that the FDA revise the procedures they use to examine applications for race-based therapies to ensure that these are based on robust scientific claims and do not undermine the aims of the 1992 Revitalization Act. (shrink)

RationaleSurrogates of critically ill patients often have inaccurate expectations about prognosis. Yet there is little research on how intensive care unit clinicians should discuss prognosis, and existing expert opinion-based recommendations give only general guidance that has not been validated with surrogate decision makers.ObjectiveTo determine the perspectives of key stakeholders regarding how prognostic information should be conveyed in critical illness.MethodsThis was a multicenter study at three academic medical centers in California, Pennsylvania, and Washington. One hundred eighteen key stakeholders completed in-depth semistructured (...) interviews. Participants included 47 surrogates of adult patients with acute respiratory distress syndrome; 45 clinicians working in study ICUs, including physicians, nurses, social workers, and spiritual care providers; and 26 experts in health communication, decision science, ethics, family-centered care, geriatrics, healthcare disparities, palliative care, psychology, psychiatry, and critical care.Measurements and main resultsThere was broad support among surrogates for existing expert recommendations, including truthful prognostic disclosure, emotional support, tailoring the disclosure strategy to each family's needs, and checking for understanding. In addition, stakeholders offered suggestions that add specificity to existing recommendations, including: In addition to conveying prognostic estimates, clinicians should help families "see the prognosis for themselves" by showing families radiographic images and explaining the clinical significance of physical manifestations of severe disease at the bedside. Many physicians did not support using numeric estimates to convey prognosis to families, whereas many surrogates, clinicians from other disciplines, and experts believed numbers could be helpful. Clinicians should conceptualize prognostic communication as an iterative process that begins with a preliminary mention of the possibility of death early in the ICU stay and becomes more detailed as the clinical situation develops. Although prognostic information should be initially disclosed by physicians, other members of the multidisciplinary team-nurses, social workers, and spiritual care providers-should be given explicit role responsibilities to reinforce physicians' prognostications and help families process a poor prognosis emotionally.ConclusionsFamily members, clinicians, and experts identified specific communication behaviors that clinicians should use to discuss prognosis in the critical care setting. These findings extend existing opinion-based recommendations and should guide interventions to improve communication about prognosis in ICUs. (shrink)

The first longevity revolution began in the middle of the 19th century, accelerated through the first half of the 20th century, and led to the first and only quantum leap in human life expectancy.In the 20th century alone, life expectancy at birth in most developed nations rose by about 30 years. The first three quarters of the century were notable for gains made at younger and middle ages, and in the last quarter century, old age mortality declined. Nothing in history (...) has ever come close to the magnitude of this benefit to humanity. The rise in life expectancy occurred swiftly because the primary beneficiaries of advances in public health and... (shrink)

For decades, policy-makers in government, development banks and foundations, NGOs, researchers and students have struggled with the problem of how to protect people who are displaced from their homes and livelihoods by development projects. This book addresses these concerns and explores how debates often become deadlocked between 'managerial' and 'movementist' perspectives. Using development ethics to determine the rights and responsibilities of various stakeholders, the authors find that displaced people must be empowered so as to share equitably in benefits rather than (...) being victimized. They propose a governance model for development projects that would transform conflict over displacement into a more manageable collective bargaining process and would empower displaced people to achieve equitable results. Their book will be valuable for readers in a wide range of fields including ethics, development studies, politics and international relations as well as policy making, project management and community development. (shrink)

In this empirical paper, Jay, Stone, Meksin, Merck, Gordon and Hirst examine whether jury deliberations, in which individuals collaboratively recall and discuss evidence of a trial, shape the jurors’ memories. In doing so, Jay and colleagues provide a highly ecologically valid baseline for future investigation into why, how and when selective recall either facilitates remembering or leads to forgetting during jury deliberations. In particular, Jay et al. explore the specific social and cognitive mechanisms that might lead to either memory facilitation (...) (RIFA – Retrieval Induced Facilitation) and forgetting (RIF ‐ Retrieval Induced Forgetting) during jury deliberation. (shrink)

At Theresa Schiavo's bedside : a guardian's role and reflections.

Despite the lack of invariance problem (the many‐to‐many mapping between acoustics and percepts), human listeners experience phonetic constancy and typically perceive what a speaker intends. Most models of human speech recognition (HSR) have side‐stepped this problem, working with abstract, idealized inputs and deferring the challenge of working with real speech. In contrast, carefully engineered deep learning networks allow robust, real‐world automatic speech recognition (ASR). However, the complexities of deep learning architectures and training regimens make it difficult to use them to (...) provide direct insights into mechanisms that may support HSR. In this brief article, we report preliminary results from a two‐layer network that borrows one element from ASR, long short‐term memory nodes, which provide dynamic memory for a range of temporal spans. This allows the model to learn to map real speech from multiple talkers to semantic targets with high accuracy, with human‐like timecourse of lexical access and phonological competition. Internal representations emerge that resemble phonetically organized responses in human superior temporal gyrus, suggesting that the model develops a distributed phonological code despite no explicit training on phonetic or phonemic targets. The ability to work with real speech is a major advance for cognitive models of HSR. (shrink)

This paper sketches out Peirce's "theory of indeterminacy" as part of a larger "triadic" theory within the context of the semiotic. It then examines the theory of the object in his later work, emphasizing the difference between immediate and dynamical object. The role of collateral experience is discussed. Connections are drawn between Peircean indeterminacy and Kant. The relationship of the indeterminate to contradiction and excluded middle is discussed. 'Determination', 'vagueness', and 'generality' are discussed in detail in the context established in (...) this paper. (shrink)

The stakeholder perspective has provided a rich forum for a variety of debates at the intersection of business and society. Scholars gathered for two consecutive years, first in North America, and then in Europe, to discuss the major issues surrounding what has come to be known as stakeholder theory, to attempt to find common ground, and to uncover areas in need of further inquiry. Those meetings led to a list of “tensions” and a call for papers for this special issue (...) to help address them. In this article, we introduce the resulting articles and provide some brief commentary on their importance. We end with a few of our own observations about the stakeholder perspective and stakeholder research. (shrink)

Philosophy of science has the potential to enhance scientific practice, science policy, and science education; moreover, recent research indicates that many philosophers of science think we ought to increase the broader impacts of our work. Yet, there is little to no empirical data on how we are supposed to have an impact. To address this problem, our research team interviewed 35 philosophers of science regarding the impact of their work in science-related domains. We found that face-to-face engagement with scientists and (...) other stakeholders was one of the most—if not the most—effective pathways to impact. Yet, working with non-philosophers and disseminating research outside philosophical venues is not what philosophers are typically trained or incentivized to do. Thus, there is a troublesome tension between the activities that are likely to lead to broader uptake of one’s work and those that are traditionally encouraged and rewarded in philosophy. We suggest several ways that philosophers of science, either as individuals or as a community, can navigate these tensions. (shrink)

Distributional semantic models (DSMs) are a primary method for distilling semantic information from corpora. However, a key question remains: What types of semantic relations among words do DSMs detect? Prior work typically has addressed this question using limited human data that are restricted to semantic similarity and/or general semantic relatedness. We tested eight DSMs that are popular in current cognitive and psycholinguistic research (positive pointwise mutual information; global vectors; and three variations each of Skip-gram and continuous bag of words (CBOW) (...) using word, context, and mean embeddings) on a theoretically motivated, rich set of semantic relations involving words from multiple syntactic classes and spanning the abstract–concrete continuum (19 sets of ratings). We found that, overall, the DSMs are best at capturing overall semantic similarity and also can capture verb–noun thematic role relations and noun–noun event-based relations that play important roles in sentence comprehension. Interestingly, Skip-gram and CBOW performed the best in terms of capturing similarity, whereas GloVe dominated the thematic role and event-based relations. We discuss the theoretical and practical implications of our results, make recommendations for users of these models, and demonstrate significant differences in model performance on event-based relations. (shrink)

Written by researchers in their field, this book is about the skills beyond basic word recognition that are necessary for the processing and comprehension of spoken and written language. It offers topics such as: language and text analysis; cognitive processing and comprehension; development of literacy; literacy and schooling; and more.

H. Jay Dinshah, the father of the modern vegan movement in America and founder of American Vegan Society, eloquently explains ethical reasons for veganism. His daughter Anne updates and edits his pioneering writings. Over forty vegan luminaries tell how they were influenced and inspired by Jay. Together they encourage readers to explore ways to promote positive action in the world towards veganism through “dynamic harmlessness.”.

During John Dewey's lifetime, one public opinion poll after another revealed that he was esteemed to be one of the ten most important thinkers in American history. His body of thought, conventionally identified by the shorthand word "Pragmatism," has been the distinctive American philosophy of the last fifty years. His work on education is famous worldwide and is still influential today, anticipating as it did the ascendance in contemporary American pedagogy of multiculturalism and independent thinking. His University of Chicago Laboratory (...) School thrives still and is a model for schools worldwide, especially in emerging democracies. But how was this lifetime of thought enmeshed in Dewey's emotional experience, in his joys and sorrows as son and brother, husband and father, and in his political activism and spirituality? Acclaimed biographer Jay Martin recaptures the unity of Dewey's life and work, tracing important themes through the philosopher's childhood years, family history, religious experience, and influential friendships. Based on original sources, notably the vast collection of unpublished papers in the Center for Dewey Studies, this book tells the full story, for the first time, of the life and times of the eminent American philosopher, pragmatist, education reformer, and man of letters. In particular, _The Education of John Dewey_ highlights the importance of the women in Dewey's life, especially his mother, wife, and daughters, but also others, including the reformer Jane Addams and the novelist Anzia Yezierska. A fitting tribute to a master thinker, Martin has rendered a tour de force portrait of a philosopher and social activist in full, seamlessly reintegrating Dewey's thought into both his personal life and the broader historical themes of his time. (shrink)

Part I: The sun of reason. From the Greeks to the age of reason -- Kant: reason as critique; the critique of reason -- Hegel and Marx: dialectical reason -- Reason in crisis -- Part II: Reason's eclipse and return. The critique of instrumental reason: Horkheimer, Marcuse, and Adorno -- Habermas and the communicative turn -- Habermas and his critics.

For nearly two thousand years Buddhism has mystified and captivated both lay people and scholars alike. Seen alternately as a path to spiritual enlightenment, an system of ethical and moral rubrics, a cultural tradition, or simply a graceful philosophy of life, Buddhism has produced impassioned followers the world over. The Buddhist saint Nagarjuna, who lived in South India in approximately the first century CE, is undoubtedly the most important, influential, and widely studied Mahayana Buddhist philosopher. His many works include texts (...) addressed to lay audiences, letters of advice to kings, and a set of penetrating metaphysical and epistemological treatises. His greatest philosophical work, the Mulamadhyamikakarika--read and studied by philosophers in all major Buddhist schools of Tibet, China, Japan, and Korea--is one of the most influential works in the history of Indian philosophy. Now, in The Foundations of the Philosophy of the Middle Way, Jay L. Garfield provides a clear and and eminently readable translation of Nagarjuna's seminal work, offering those with little of no prior knowledge of Buddhist philosophy a view into the profound logic of the Mulamadhyamikakarika. Translated from the Tibetan, the tradition through which Nagarjuna's philosophical influence has largely been transmitted, Garfield presents a superb translation of Mulamadhyamikakarika in its entirety. Illuminating the systematic character of Nagarjuna's reasoning, as well as the works profundity, Garfield shows how Nagarjuna develops his doctrine that all phenomena are empty of inherent existence and essenceless. But, he argues, phenomena nonetheless exist conventionaly, and that indeed conventional existence and ultimate emptiness are in fact the same thing. This represents the radical understanding of the Buddhist doctrine of the two truths, or two levels of reality. Nagarjuna reinterprets all of Buddhist metaphysics and epistemology through this analytical framework--"a systematic and beautifully elegant philosophical dissection of reality." In turn, Garfield goes on to offer the only verse-by-verse commentary based upon the Indo-Tibetan Prasangika-Madhyamika reading of Nagarjuna, the school most influential in the development of Mahayana philosophy in Tibet, China, Korea, and Japan. Written specifically for the Western reader, the commentary explains Nagarjuna's positions and arguments in the language of Western metaphysics and epistemology, and connects Nagarjuna's concerns tho those of Western philosophers such as Sextus, Hume, and Wittgenstein. A fascinating and accessible translation of the foundational text for all Mahayana Buddhism text, The Fundamental Wisdom of the Middle Way will enlighten all those in search of the essence of reality. (shrink)

Spiritual messages of Jayēntira Sarasvati, Jagatguru Sankaracharya of Kamakoti, b. 1935, Hindu religious leader.

This fresh look at the philosophy of language focuses on the interface between a theory of literal meaning and pragmatics--a philosophical examination of the relationship between meaning and language use and its contexts. Here, Atlas develops the contrast between verbal ambiguity and verbal generality, works out a detailed theory of conversational inference using the work of Paul Grice on Implicature as a starting point, and gives an account of their interface as an example of the relationship between Chomsky's Internalist Semantics (...) and Language Performance. Atlas then discusses consequences of his theory of the Interface for the distinction between metaphorical and literal language, for Grice's account of meaning, for the Analytic/Synthetic distinction, for Meaning Holism, and for Formal Semantics of Natural Language. This book makes an important contribution to the philosophy of language and will appeal to philosophers, linguists, and cognitive scientists. (shrink)

Origin of Species was published; he approached the end of his life just before Albert Einstein presented us with General Relativity. His lifetime saw the emergence of psychology as a discipline separate from philosophy, a birth attended by philosopher-psychologists such as his good friend William James. The work of Peirce, like that of the other American Pragmatists, reflects the ferment of the times. His thought bears the imprint of science, not the science of that Nineteenth Century which as Loren Eiseley (...) has remarked, "regarded the 'laws' of nature as imbued with a kind of structural finality, an integral determinism, which it was the scientists’ duty to describe," (Eisele, 1971) but rather, of science as open, as intrinsically revisable, as radically empirical. Working from the model of science in this latter sense, Peirce held that philosophy, and indeed logic.. (shrink)

The roughly two and a half millennia over which we can trace the development of mathematics as a discipline have seen ups and downs in its study; the "ups" have involved varying emphases and interests depending on the problems and the temper of the time. The 19th Century may be characterized as a period of development of rigor and attention to the axiomatic method in mathematics. This focus on the deductive process in mathematics was accompanied by the application of mathematics (...) in the study of the deductive process itself. It is safe, I think, to say that the best-known and most influential of the lines of.. (shrink)

In this commentary on Torbjörn Tännsjö’s Setting Health-Care Priorities, I argue that sufficientarianism provides a valuable perspective in considering how to set health care priorities. I claim that pace Tännsjö, sufficientarianism does offer a distinct alternative to prioritarianism. To demonstrate this, I introduce sufficientarianism and distinguish two forms: Tännsjö’s “weak sufficientarianism” and an alternative strong form of sufficientarianism that I call “revised lexical sufficientarianism.” I raise a problem for Tännsjö’s sufficientarianism, and advocate for the revised view on this basis. I (...) then demonstrate that in the area of population ethics, the revised view outperforms the other views Tännsjö considers. As such, I aim to demonstrate that sufficientarianism — understood as its own theory and not just as a form of prioritarianism — offers unique advantages in population ethics, and would have been a valuable complement to the other theories Tännsjö considers. (shrink)

So far the "Science Wars" have generated far more heat than light. Combatants from one or the other of what C. P. Snow famously called "the two cultures" (science versus the arts and humanities) have launched bitter attacks but have seldom engaged in constructive dialogue about the central issues. In The One Culture?, Jay A. Labinger and Harry Collins have gathered together some of the world's foremost scientists and sociologists of science to exchange opinions and ideas rather than insults. The (...) contributors find surprising areas of broad agreement in a genuine conversation about science, its legitimacy and authority as a means of understanding the world, and whether science studies undermines the practice and findings of science and scientists. The One Culture? is organized into three parts. The first consists of position papers written by scientists and sociologists of science, which were distributed to all the participants. The second presents commentaries on these papers, drawing out and discussing their central themes and arguments. In the third section, participants respond to these critiques, offering defenses, clarifications, and modifications of their positions. Who can legitimately speak about science? What is the proper role of scientific knowledge? How should scientists interact with the rest of society in decision making? Because science occupies such a central position in the world today, such questions are vitally important. Although there are no simple solutions, The One Culture? does show the reader exactly what is at stake in the Science Wars, and provides a valuable framework for how to go about seeking the answers we so urgently need. Contributors include: Constance K. Barsky, Jean Bricmont, Harry Collins, Peter Dear, Jane Gregory, Jay A. Labinger, Michael Lynch, N. David Mermin, Steve Miller, Trevor Pinch, Peter R. Saulson, Steven Shapin, Alan Sokal, Steven Weinberg, Kenneth G. Wilson. (shrink)

One proposal to significantly reduce cardiovascular disease is the idea of administering a ‘polypill’—a combination of drugs that reduce the risk of heart disease and carry few side effects—to everyone over the age of 55. Despite their promise, population strategies like the polypill have not been well-accepted. In this article, I defend the polypill by appealing to fairness. The argument focuses on the need to fairly distribute the costs to individuals. While the fact that population strategies like the polypill impose (...) minor costs on everyone has primarily been used to criticize such strategies, I argue that it gives us a reason to support them. I argue that implementing a population strategy with the polypill contributes to the public good of ‘health system capacity’. I then explain that public goods have widely accepted obligations: they carry an obligation to fairly distribute the costs of the goods and prevent free-riding. Thus, we have at least one pro tanto moral reason to implement the polypill. As such, this article challenges the current literature on the topic, which has largely held adopting population strategies like the polypill to be unjustifiable. (shrink)

Abstract:In his book The Logic of Sense, Gilles Deleuze seems to connect his concept of the event with the Mahāyāna idea of emptiness by stating that "the event is the identity of form and void." This article investigates this seemingly naive association in relation to the very few actual references to Buddhist philosophy in Deleuze's work. In the process, it is suggested that Deleuze's onto-logic—regardless of his actual intention with regard to Buddhism—may in some respects be more adequate than that (...) of Nishida Kitarō, the founder of the Kyoto School, in forming a contemporary and comparative understanding of emptiness. (shrink)

Often, knowledge engineers become so involved in the development process of the expert system that they fail to look further down the road toward the expert system's institutionalization within the organization. Institutionalization is an important component of the expert system planning process. More specifically, the legal issues associated with expert systems development and deployment are critical institutionalization factors. This paper looks at some expert system institutionalization guidelines, and then focuses on legal considerations.

This volume collects Jay Garfield 's essays on Madhyamaka, Yogacara, Buddhist ethics and cross-cultural hermeneutics. The first part addresses Madhyamaka, supplementing Garfield 's translation of Fundamental Wisdom of the Middle Way, a foundational philosophical text by the Buddhist saint Nagarjuna. Garfield then considers the work of philosophical rivals, and sheds important light on the relation of Nagarjuna's views to other Buddhist and non-Buddhist philosophical positions.

Forcing occurs when a magician influences the audience's decisions without their awareness. To investigate the mechanisms behind this effect, we examined several stimulus and personality predictors. In Study 1, a magician flipped through a deck of playing cards while participants were asked to choose one. Although the magician could influence the choice almost every time (98%), relatively few (9%) noticed this influence. In Study 2, participants observed rapid series of cards on a computer, with one target card shown longer than (...) the rest. We expected people would tend to choose this card without noticing that it was shown longest. Both stimulus and personality factors predicted the choice of card, depending on whether the influence was noticed. These results show that combining real-world and laboratory research can be a powerful way to study magic and can provide new methods to study the feeling of free will. (shrink)

At least two recent collections of essays – Postmodernism and the Enlightenment and What’s Left of Enlightenment?: A Postmodern Question – have responded to postmodern critiques of Enlightenment by arguing that Enlightenment philosophes themselves embraced a number of post-modern themes. This essay situates Kant’s essay Was ist Aufklärung in the context of this recent literature about the appropriate characterization of modernity and the Enlightenment. Adopting an internalist reading of Kant’s Aufklärung essay, this paper observes that Kant is surprisingly ambivalent about (...) who might be Enlightened and unspecific about when Enlightenment might be achieved. The paper argues that this is because Kant is concerned less with elucidating his concept of Enlightenment and more with characterizing a political condition that might provide the conditions for the possibility of Enlightenment. This paper calls this political condition modernity and it is achieved when civil order can be maintained alongside fractious and possibly insoluble public disagreement about matters of conscience, including the nature and possibility of Enlightenment. Thus, the audience for the Aufklärung essay is not the tax collector, soldier or clergyman, but rather the sovereign. Kant enjoins and advises the prince that discord and debate about matters of conscience need not entail any political unrest or upheaval. It is in this restricted sense that the Enlightenment essay is Kant’s Machiavellian moment. (shrink)

In this paper I argue for the Atlas-Kempson Thesis that sentences of the form The A is not B are not ambiguous but rather semantically general (Quine), non-specific (Zwicky and Sadock), or vague (G. Lakoff). This observation refutes the 1970 Davidson-Harman hypothesis that underlying structures, as full semantic representations, are logical forms. It undermines the conception of semantical presupposition, removes a support for the existence of truth-value gaps for presuppositional sentences (the remaining arguments for which are viciously circular), and lifts (...) the Russell-Strawson dispute of 1950–1964 from stalemate to a formulation in which a resolution is possible for the first time. Suggestions of Davidson, Montague, Stalnaker, Kaplan and H. P. Grice are shown to be inadequate semantic descriptions of negative, presuppositional sentences. I briefly discuss the radical Pragmatics view of my 1975 publications and suggest that it too fails to do justice to the linguistic data. I speculate that Semantic Representations should be given the form (more or less) of computer programs, describable in Dana Scott's mathematical semantics for programming languages. (shrink)