Contract law doctrines can be ranged along various spectra. One of these spectra runs from the static to the dynamic. A contract law doctrine lies at the static pole of this spectrum if its application turns entirely on what occurred at the moment in time when a contract was formed. A contract law doctrine lies at the dynamic pole if its application turns in significant part on a moving stream of events that precede, follow, or constitute the formation of a (...) contract. Another spectrum runs from the binary to the multifaceted. Contract law doctrines are binary if they organize the experience within their scope into only two categories. Contract law doctrines are multifaceted if they organize the experience within their scope into several categories, including one or more intermediate categories. Classical contract law was a rigid, rather than a supple, instrument. Its rules were often responsive to neither the actual objectives of the parties, the actual facts and circumstances of the partiesâ transaction, nor the dynamic character of contracts. Instead, the rules of classical contract law were centered on a single moment in time, the moment of contract formation. accordingly, classical contract law doctrines were almost wholly static and also tended to be binary. The twentieth century witnessed the development of a modern contract law that has largely overthrown classical contract law. This overthrow has occurred in two ways. To begin with, in many cases modern contract law has reversed or fundamentally modified the rules of classical contract law. More important than the overthrow of specific rules of classical contract law, however, has been the overthrow of the deep structure of classical contract law. Where classical contract law had an overriding preference for rules that were objective and standardized, modern contract law has been highly flexible in adopting rules that are individualized and even subjective. Where classical contract law rules were typically binary, modern contract law rules are often multifaceted. Finally, where classical contract law was largely static, modern contact law is, in large part, dynamic. So, for example, static rules of interpretation have been replaced by dynamic rules that take into account events before and after the moment of contract formation; the static legal-duty rule has withered almost completely away, to be largely replaced by a dynamic modification regime that takes into account the value of ongoing reciprocity; a static judicial review of liquidated damages provisions is giving way to a dynamic review that takes account of the actual loss; and static offer-and-acceptance rules have been replaced by dynamic rules, such as the duty to negotiate in good faith. (shrink)

Using a comprehensive sample of U.S. non-profit hospitals from 2011 to 2015, we examine the effects of state community benefits regulation on the amount of charity care provided by and the operational efficiency of U.S. non-profit hospitals. First, we document that, under such regulations, non-profit hospitals provide more charity care and less compensated care as a proportion of net revenue. We infer from these findings that CBR has the potential to increase both non-profit hospitals’ amount of charity care and their (...) efficiency of operations. Second, by examining variation in CBR types, we find no differences between having provision or having reporting requirements on the amount of charity care offered. Moreover, when we consider CBR with both provision and reporting requirements, the combination of these two requirements does not incrementally enhance charity care offerings, suggesting that the requirements may serve as substitutes with comparable effect. Lastly, we show that several state-level characteristics influence the relationship between CBR and charity care: CBRs in states with a higher gross domestic product and percentage of revenue received in taxes have incrementally lower associations with charity care, while hospitals in states where populations have, on average, higher household incomes have greater associations between CBR and charity care. Our findings highlight the effects that state-enacted regulation can have on socially beneficial behavior by non-profits. (shrink)

Each state’s Medicaid Fraud Control Unit prosecutes billing fraud cases against individual healthcare providers who fraudulently bill Medicaid for services provided. Once an individual is convicted of billing fraud, the Office of Inspector General for the Department of Health and Human Services may exclude the individual from billing any federal government healthcare program, including Medicaid. Excluded individuals are added to a public list of exclusions, which restricts their ability to practice professionally. Prompted by criminology research into the impact of policing (...) resources, we test whether these government enforcement initiatives against fraud serve as a deterrent to would-be fraudulent billers. We document that key enforcement proxies, the staffing level and budget of an MFCU, are positively associated with the yearly number of exclusions added at the state level. Our results are consistent with the exclusion list not being a deterrent but provide support for MFCUs’ fraud detection efforts. This paper provides industry-specific fraud insights for auditors and other individuals involved in public policy, specifically Medicaid, and introduces a novel dataset to the accounting fraud research literature. (shrink)

Despite spending more on health care than every other industrialized country, the U.S. ranks 37th in health outcomes. These differences cannot be explained away with differences in age and income, or even with quality of care. And, the rate of growth in health care spending in the U.S. continues to increase. The share of the Gross Domestic Product attributable to health care grew from 9% in 1980 to more than 17% in 2011. Health care costs are projected to account for (...) more than one-fifth of our economy by 2021. Despite spending more and more, the U.S. does not have better health outcomes than other countries. Worse, our increasing spending is largely attributable to preventable conditions. More than 85 cents of every dollar spent on health in the U.S. are spent on the treatment and management of chronic diseases, such as those caused by preventable conditions related to obesity and tobacco use. (shrink)

_The Undiscovered Dewey_ explores the profound influence of evolution and its corresponding ideas of contingency and uncertainty on John Dewey's philosophy of action, particularly its argument that inquiry proceeds from the uncertainty of human activity. Dewey separated the meaningfulness of inquiry from a larger metaphysical story concerning the certainty of human progress. He then connected this thread to the way in which our reflective capacities aid us in improving our lives. Dewey therefore launched a new understanding of the modern self (...) that encouraged intervention in social and natural environments but which nonetheless demanded courage and humility because of the intimate relationship between action and uncertainty. Melvin L. Rogers explicitly connects Dewey's theory of inquiry to his religious, moral, and political philosophy. He argues that, contrary to common belief, Dewey sought a place for religious commitment within a democratic society sensitive to modern pluralism. Against those who regard Dewey as indifferent to moral conflict, Rogers points to Dewey's appreciation for the incommensurability of our ethical commitments. His deep respect for modern pluralism, argues Rogers, led Dewey to articulate a negotiation between experts and the public so that power did not lapse into domination. Exhibiting an abiding faith in the reflective and contestable character of inquiry, Dewey strongly engaged with the complexity of our religious, moral, and political lives. (shrink)

BackgroundThe Pacific Islander population is the second fasting growing population in the United States and Arkansas is home to the largest Marshallese population in the continental US. The Marshal...

A survey is given of the concepts of interaction (force) and matter, i.e., of process and substance. The development of these concepts, first in antiquity, then in early modern times, and finally in the contemporary system of quantum field theory is described. After a summary of the basic phenomenological attributes (coupling strengths, symmetry quantities, charges), the common ground of concepts of quantum field theory for both interactions and matter entities is discussed. Then attention is focused on the gauge principle which (...) has been developed to describe all interaction fields in the same way, and hopefully to unite them all into one unified field. While a similar unification of all fundamental types of matter fields (quarks and leptons) into one family may be possible (SU 5), there still remains at this level a duality between interaction quanta (bosons with spin 1) and matter particles (fermions with spin 1/2). Whether this duality may be removed in some future supersymmetric theory is not discussed in this paper. Nor is Quantum Gravitation discussed, though the analogy of the gauge principle for the three fundamental non-gravitational interactions (hadronic, electromagnetic and weak) to Einstein's principle of equivalence for gravitation in spacetime is noted. However, the equivalence concept is applied not to spacetime but to the internal spaces for the matter (or charge) fields which are the sources between which the fundamental interactions operate. The gauge principle states that a change in the measures of the internal space charge of gauge or phases of the matter fields is equivalent to, and can be compensated by, suitably introduced interaction fields. From such an interaction field, the gauge potential field in the internal space, one may derive a gauge force field by exterior differentiation.Geometrically, the collection of all internal spaces, one over each point of spacetime, constitutes a fiber bundle. The gauge potential field represents a connection on the fiber bundle, and the gauge force field is the curvature (calculated by taking the exterior derivative of the connection and adding to it the exterior product of the connection with itself). Thus, just as gravitational force is interpreted as spacetime curvature, so the three other fundamental forces are interpretable as internal space curvature. The Standard Model which unites the three non-gravitational fields into an SU c 3 ×SU 2×U 1 structure, and the grand unified model, SU 5, are discussed briefly, and difficulties are noted. Finally it is suggested that a composite model, based on more subtle structure, may be needed to remove the present obscurities and difficulties that stand in the way of a unified theory. (shrink)

The main thesis of this dissertation is that John Dewey's conception of philosophy began and culminated with his concern about the problem of truth. It is asserted here that Dewey's mature conception of philosophy and his notion of truth may be quite profitable for resolving some of our more recent contemporary philosophical problems. To clarify his mature thoughts about philosophy and truth, this study surveys the stages of Dewey's development during his long life-time of ninety-three years. ;Using a general approach, (...) I trace the historical progression of his thinking and try to show the relevance of his conceptions of philosophy and truth to our contemporary problems. In doing so, I attempt to elucidate the terminological difficulties that he encountered with language while trying to communicate his own concept of philosophy and his notion of truth. Moreover, I examine criteria that may be used to judge Dewey's work in the field of philosophy in the Western tradition. Under the headings of Early, Middle and Later years, I provide a triadic survey of his life-work, focusing on his academic and religious views. My reflections try to provide information concerning the biological, semiotic, and psycholinguistic basis of his perspective, as it eventually evolved into a form of pragmatic naturalism. ;In concluding, I highlight Dewey's belief that the business of philosophy should deal with cultural problems. Focusing on the implications of his matured position, I try to show the importance of his perspective for solving some critical issues of our own time. A careful examination of his logic indicates that open-minded and honest communication must be the keystone to understanding his view. Therefore, I endeavor to illustrate the value of Dewey's mature concept of philosophy and his notion of truth for addressing some of our pressing problems in a practical manner. (shrink)

Se presentan en este artículo los resultados que surgieron de incorporar lecciones de Autoconciencia por el Movimiento (ATM) -como estrategia pedagógica- para reconocer y actuar en pro de nuestro ambiente interno y externo, realizado con un grupo interprofesional de mujeres. El grupo se forma e investiga a sí mismo, bajo el enfoque de la Investigación Acción Participativa, y busca comprender mejor los procesos de formación ambiental en los campos de la salud y el ambiente.

This book provides an extended examination of Nietzsche and Tocqueville's political thought, with an eye to shedding light on history's democratic drift. It looks not only to a future that filled both thinkers with dread, but also to an aristocratic past that has been all but drowned beneath democracy's shallow waters.

In this engaging and provocative new book, Lee Eisenberg, bestselling author of The Number, dares to tackle nothing less than what it takes to find enduring meaning and purpose in life. He explains how from a young age, each of us is compelled to take memories of events and relationships and shape them into a one-of-a-kind personal narrative. In addition to sharing his own pivotal memories (some of them moving, some just a shade embarrassing), Eisenberg presents striking research (...) culled from psychology and neuroscience, and draws on insights from a pantheon of thinkers and great writers-Tolstoy, Freud, Joseph Campbell, Virginia Woolf, among others. We also hear from men and women of all ages who are wrestling with the demands of work and family, ever in search of fulfillment and satisfaction. It all adds up to a fascinating story, delightfully told, one that goes straight to the heart of how we explain ourselves to ourselves-in other words, who we are and why. (shrink)

We wish here to consider the theory of a population or system made up of individuals whose number and size change with time. As usual, the description of these changes will be referred to as the kinetics, whereas the description of the special circumstances under which unchanging conditions subsist will be called the statics of the population. A third category, the conditions for a steady state, i.e., when the variables inside the system do not change, but linked variables outside do, (...) will be described by what we shall call the rheostatics of the system. All three, statics, rheostatics, and kinetics are subdivisions of the general dynamics of the system. (shrink)

The purpose of this essay is to both discuss commands as a species of speech act and to discuss commands within the broader framework of how they are used and ...

The long-tailed macaque (Macaca fascicularis fascicularis) is a non-human primate species that is native to Singapore. From mid-2020, the Nanyang Technological University campus witnessed a sharp increase in the number of human–macaque encounters. In this article, we will first identify a set of technological tools that we have developed to guide decision- and policy-making on the wildlife management front and mitigate human–macaque conflict. Thereafter, we will describe how we applied these tools to the activity log cataloguing the macaque activity on (...) campus and offer an analysis of the trends in macaque behaviour that may be shared with members of the public and affected residents. Among the results that will be discussed are the following: a significant decline in the number of macaque sightings at Student Residences over the weekend, a majority of the reported macaque sightings occurring in the early evening, no significant difference in the damage and proximity scores over time, and a trend in observed macaque activity at critical sleep-relevant time intervals and areas on campus. We hope that our approach will promote, through an improved and data-driven understanding of macaque behavioural trends, technology-assisted decision-making and a more harmonious co-existence between humans and macaques on campus and in Singapore. Last but not least, we anticipate further extensions of our approach with respect to other forms of wildlife. (shrink)

The long-tailed macaque (Macaca fascicularis fascicularis) is a non-human primate species that is native to Singapore. From mid-2020, the Nanyang Technological University campus witnessed a sharp increase in the number of human–macaque encounters. In this article, we will first identify a set of technological tools that we have developed to guide decision- and policy-making on the wildlife management front and mitigate human–macaque conflict. Thereafter, we will describe how we applied these tools to the activity log cataloguing the macaque activity on (...) campus and offer an analysis of the trends in macaque behaviour that may be shared with members of the public and affected residents. Among the results that will be discussed are the following: a significant decline in the number of macaque sightings at Student Residences over the weekend, a majority of the reported macaque sightings occurring in the early evening, no significant difference in the damage and proximity scores over time, and a trend in observed macaque activity at critical sleep-relevant time intervals and areas on campus. We hope that our approach will promote, through an improved and data-driven understanding of macaque behavioural trends, technology-assisted decision-making and a more harmonious co-existence between humans and macaques on campus and in Singapore. Last but not least, we anticipate further extensions of our approach with respect to other forms of wildlife. (shrink)

Guiding you through the topics that shape aesthetics, this introduction explores the truth, meaning, taste, aesthetic merit and the role of perception. Each chapter offers a wealth of examples from Asia, including Sonny Liew's The Art of Charlie Chan Hock Chye, Tan Tai Yong, Kueh Appreciation Day and dragon kiln pottery. They deal with controversies and address central questions, such as: When are artworks considered dangerous? Why does Socrates recommend the banishment of the poets? What are the problems and challenges (...) posed by forgery? Here is a creative and accessible introduction that inspires a love for art and aesthetics. (shrink)