Courts are increasingly obliged to adjudicate upon challenges to allocative decisions in healthcare, but their involvement continues to be regarded with unease, imperilling the legitimacy of the judicial role in this context. A central reason for this is that judges are perceived to lack sufficient expertise to determine allocative questions. This article critically appraises the claim of lack of judicial expertise through an examination of the various components of a limit-setting decision. It is argued that the inexpertise argument is weak (...) when compared with other rationales for judicial restraint, such as the procedural unsuitability and lack of constitutional competence of courts. (shrink)

The vision of global health with justice which Larry Gostin articulates in his book Global Health Law envisages a switch to ‘upstream’ priority-setting for expenditure on health, with a focus upon social determinants and a goal of redressing health inequalities. This article explores what is meant by this proposal and offers a critical evaluation of it. It is argued that difficulties arise in respect of the ethical and evidential bases for such an approach to the setting of priorities, while significant (...) challenges may also arise in the necessary modification of structures of governance. (shrink)

We present a set of experiments investigating how English- and Japanese-speaking children interpret Measure Phrase comparatives. We show that despite overt cues to the comparative interpretation, children representing both languages diverge from their adult counterparts in that they access a non-adult-like ‘absolute measurement’ interpretation. We propose to account for their response pattern by appealing to proposals by Svenonius and Kennedy and Sawada and Grano that Meas in the head of the DegP, which houses the differential, selects for an absolute minimal (...) value: zero. We argue that young children appeal to this absolute zero minimum in lieu of the correct derived standard, and must learn to override this value by appealing to the context to set the standard of comparison when interpretation requires them to do so. (shrink)

In English, deictic verbs of motion, such ascomecan encode the perspective of the speaker, or another individual, such as the addressee or a narrative protagonist, at a salient reference time and location, in the form of an indexical presupposition. By contrast, Spanish has been claimed to have stricter requirements on licensing conditions forvenir(“to come”), only allowing speaker perspective. An open question is how a bilingual learner acquiring both English and Spanish reconciles these diverging language-specific restrictions. We face this question head (...) on by investigating narrative productions of young Spanish-English bilingual heritage speakers of Spanish, in comparison to English monolingual and Spanish dominant adults and children. We find that the young heritage speakers producevenirin linguistic contexts where most Spanish adult speakersdo not, but where English monolingual speakersdo, and also resemble those of young monolingual Spanish speakers of at least one other Spanish dialect, leading us to generate two mutually-exclusive hypotheses: (a) the encoding of speaker perspective in the young heritage children is cross-linguistically influenced by the more flexible and dominant language (English), resulting in a wider range of productions by these malleable young speakers than the Spanish grammar actually allows, or (b) the young Spanish speakers are exhibiting productions that are in fact licensed in the grammar, but which are pruned away in the adult productions, being supplanted by other forms as the lexicon is enriched. Given independent evidence of the heritage speakers' robust Spanish linguistic competence, we turn to systematically-collected acceptability judgments of three dialectal varieties of monolingual adult Spanish speakers of the distribution of perspective-taking verbs, to assess their competence and adjudicate between (a) and (b). We find that adultsaccept venirin contexts in which they do notproduceit, leading us to argue that (a)venirisnotobligatorily speaker-oriented in Spanish, as has been claimed, (b) adults may not producevenirin these contexts because they instead select more specific motion verbs, and (c) for heritage bilingual children, the more dominant language (English) may support the grammatically licensed but lexically-constrained productions in Spanish. (shrink)

This paper offers a brief comment on Jennings’ preceding paper, focusing on the capacity of a republican approach to public health ethics to facilitate reconceptualization of the right to health in situations of limited resources through a relational reading.

This paper presents an argument based on evidence from experiments featuring Antecedent-Contained Deletion sentences situated in carefully-manipulated discourse contexts, that covert movement is not grammatically constrained by tense. ACD is a form of Verb Phrase Ellipsis in which ellipsis is embedded in its antecedent. Under an account appealing to Quantifier Raising, the quantificational phrase containing the ellipsis site raises to a VP-external position, allowing the VP to become the antecedent. When ACD is embedded in a non-finite clause, such sentences are (...) ambiguous, since multiple VPs can serve as an antecedent. However, when ACD is embedded in a finite clause, the range of interpretations has been claimed to be restricted, because of an independent ‘clause-bounded’ movement constraint on Quantifier Raising. However, there are exceptions to this generalization. I present evidence from an experimental investigation of finite-clause-embedded ACD sentences, relying on Cecchetto, to demonstrate that under the right discourse conditions, the supposedly unavailable Matrix reading surfaces robustly, at a percentage that is surprising if the constraint were rooted in the grammar. I argue that these results call into question the source of this locality restriction, and propose that it has nothing to do with an arbitrary grammatical constraint on movement. (shrink)

We present the results of three experiments investigating the interpretation of comparative constructions involving pronominal reference in which binding Principle C is violated. We show that both children and adults retrieve interpretations that are not predicted. On the one hand, children appear to represent elided pronominal material functionally instead of in a strict identity relation with a pronoun on the surface, generating interpretations that are entirely unexpected from the perspective of the adult grammar. On the other, adult participants often appear (...) to ignore Principle C, being influenced by factors such as prosodic focus, the type of comparative, and structural position of the pronoun. We propose that the way in which the sentence processor is deployed in the incremental processing of such comparative constructions gives rise to so-called acceptable ungrammaticality. (shrink)