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 So, for example, static rules of interpretation have been replaced by dynamic rules that take into account events before and after the moment of contract formation; the static legal-duty rule has withered almost completely away,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)

Wie lässt sich der Bereich des Privaten heute genau beschreiben? Welchen Wert besitzt Privatheit in digitalisierten Gesellschaften für den Einzelnen und die Gesellschaft als Ganzes? Welche Werte und Lebensformen werden durch Privatheit geschützt, welche eingeschränkt? Entstehen durch die Informationsasymmetrie zwischen Technologieunternehmen, staatlichen Verdatungsinstitutionen und Verbrauchern/Bürgern möglicherweise neue Machtstrukturen? Welche rechtlichen Implikationen ergeben sich hieraus? Dieser Band geht diesen und anderen Fragen, die sich im Hinblick auf die etablierte Gleichung von Freiheit und Privatheit stellen, nach und versucht Antworten zu finden.

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)

Although ethics is an essential component of undergraduate medical education, research suggests current medical ethics curricula face considerable challenges in improving students’ ethical reasoning. This paper discusses these challenges and introduces a promising new mode of graduate and professional ethics instruction for overcoming them. We begin by describing common ethics curricula, focusing in particular on established problems with current approaches. Next, we describe a novel method of ethics education and assessment for medical students that we have devised, the Medical Ethics (...) Bowl. Finally, we suggest pedagogical advantages to MEBs when compared to other ethics curricula. (shrink)

The idea of a text is reviewed and reconstructed to facilitate the application of concepts of interpretation to the objects analyzed in the natural sciences, as well as to objects analyzed in religion and literature. Four criteria—‐readability, formality, material transcendence, and retrievability—‐are proposed as the basis for a generalized conception of text. Objects in both religion and science, not previously thought to be texts, are shown to be included in the new definition and therefore to be potential subjects of developing (...) methods of interpretation. (shrink)

Foerst says that a robot must have human features if it is to learn to relate to human beings. She argues that the image of God (imago dei) represents no more than a promise of God to relate to us. In our view, however, the principle of embodied artificial intelligence (AI) in the robot suggests some kind of embodiedness of the image of God in human beings if they are to learn to relate to God.Foerst's description of how people react (...) to a humanoid robot reads like Otto's description of the divine as mysterium fascinans et tremendum (awesome and alluring mystery). Her description makes robot‐human interaction seem more religious than human‐God interaction. (shrink)

Over the past two decades, we have seen an increase in the use of medical-legal partnerships in health-care and/or legal settings to address health disparities affecting vulnerable populations. MLPs increase medical teams' capacity to address social and environmental threats to patients' health, such as unsafe housing conditions, through partnership with legal professionals. Following the Preferred Reporting Items for Systematic Review and Meta-Analyses guidelines, we systematically reviewed observational studies published from January 1993-January 2016 to investigate the capacity of MLPs to address (...) legal and health disparities. We identified 13 articles for qualitative analysis from an initial pool of 355 records. The resulting pool of 13 articles revealed more information regarding the capacity of MLPs to address legal outcomes than their capacity to address health outcomes; only 4 studies directly addressed the impact of MLP intervention on patient wellbeing and/or patient utilization of healthcare services. We call for further evaluation/longitudinal studies that specifically address MLPs' short and long term effects upon patient health disparities. Finally, given the demonstrated capacity of MLPs to address unmet legal needs, and their evident potential in regards to improving health outcomes, we present the MLP model as a framework to address HIV-related legal and health disparities. (shrink)

Responding to research indicating unsettling results with regard to the ability of University students to recognize and reflect on questions of morality, this paper aims to discuss these issues and to introduce a promising mode of ethics instruction for overcoming such challenges. The Curricular Ethics Bowl (CEB) is a method of ethics education and assessment for a wide range of students and is a descendent of the Medical Ethics Bowl (MEB) (Merrick et al., “Introducing the Medical Ethics Bowl”). We seek (...) in this article to show the similarities of CEB to MEB and to distinguish this model from the Intercollegiate Ethics Bowl (ICEB) sponsored by the Association for Professional and Practical Ethics (Landenson 2001). The CEB institutionalizes this mode of ethics education at the program, rather than at the individual course level, and shows advantages over other ethics curricula. (shrink)

Responding to research indicating unsettling results with regard to the ability of University students to recognize and reflect on questions of morality, this paper aims to discuss these issues and to introduce a promising mode of ethics instruction for overcoming such challenges. The Curricular Ethics Bowl (CEB) is a method of ethics education and assessment for a wide range of students and is a descendent of the Medical Ethics Bowl (MEB) (Merrick et al., “Introducing the Medical Ethics Bowl”). We seek (...) in this article to show the similarities of CEB to MEB and to distinguish this model from the Intercollegiate Ethics Bowl (ICEB) sponsored by the Association for Professional and Practical Ethics (Landenson 2001). The CEB institutionalizes this mode of ethics education at the program, rather than at the individual course level, and shows advantages over other ethics curricula. (shrink)

A scientist (for whom the world is the universe) and a theologian (for whom the world is planet Earth) engage in dialogue, not contrived Platonic or Galilean dialogue, but true bidisciplinary dialogue that strives for higher viewpoint. S: Is the preservation of the human species a primary human responsibility? T: It may be a responsibility we share with God. S: The human species has a limited future if confined to the planet Earth. We must diversify our habitat by colonizing space. (...) T: We are responsible for other life on the planet as well. The discussants conclude that besides protecting Earth ecologies, we should create new ecologies in space. (shrink)

N. R. Hanson's discussion of experience is criticized. Experience, though necessary for knowing, is insufficient as a basis for understanding in either science or religion. Experience alone can be misleading. We may begin with experience, but we cannot claim to understand until experience has been mediated by theory. The article is excerpted from Metaphoric Process: The Creation of Scientific and Religious Understanding (Gerhart and Russell 1984), Chapter 2.

Excerpts from Chapters 1 and 3 of New Maps for Old: Explorations in Science and Religion (Gerhart and Russell 2001) explore the ramifications of metaphoric process for changes in thinking, especially those changes that lead to a new understanding of our world. Examples are provided from science, from religion, and from science and religion together. In excerpts from Chapter 8, a double analogy—theology is to science as science is to mathematics—is proposed for better understanding the contemporary relationship between science and (...) religion. A conservation of epistemological sufficiency is disclosed as one moves from mathematics to empirical science to theology—a move from one discipline to another that involves a sacrifice of one aspect of thought to gain another. (shrink)

The essential political writings of Montesquieu--a substantial abridgment of The Spirit of the Laws, plus judicious selections from _The Persian Letters_ and _Considerations of the Romans' Greatness and Decline_--are masterfully translated by Melvin Richter. Prefaced by a new fifty-page introduction by Richter for this revised edition, The Selected Political Writings displays the genius and virtuosity of Montesquieu the philosopher, social critic, political theorist, and literary stylist, whose work commands the attention of all students of the Enlightenment and of modern (...) constitutional thought. (shrink)

This book contains new essays in honor of Melvin J. Lerner, a pioneer in the psychological study of justice. The contributors to this volume are internationally renowned scholars from psychology, business, and law. They examine the role of justice motivation in a wide variety of contexts, including workplace violence, affirmative action programs, helping or harming innocent victims and how people react to their own fate. Contributors explore fundamental issues such as whether people's interest in justice is motivated by self-interest (...) or a genuine concern for the welfare of others, when and why people feel a need to punish transgressors, how a concern for justice emerges during the development of societies and individuals, and the relation of justice motivation to moral motivation. How an understanding of justice motivation can contribute to the amelioration of major social problems is also examined. (shrink)

The work of a clinical ethicist often focuses on identifying what goals an autonomous patient has for themselves, or on helping identify a surrogate when a patient lacks autonomy for a specific dec...

What accounts for the continued lack of clarity over the legal procedures for the patenting of DNA sequences? The patenting system was built for a "bricks-and-mortar" world rather than an information economy. The fact that genes are both material molecules and informational systems helps explain the difficulty that the patent system is going to continue to have.

The phenomenon of base-rate neglect has elicited much debate. One arena of debate concerns how people make judgments under conditions of uncertainty. Another more controversial arena concerns human rationality. In this target article, we attempt to unpack the perspectives in the literature on both kinds of issues and evaluate their ability to explain existing data and their conceptual coherence. From this evaluation we conclude that the best account of the data should be framed in terms of a dual-process model of (...) judgment, which attributes base-rate neglect to associative judgment strategies that fail to adequately represent the set structure of the problem. Base-rate neglect is reduced when problems are presented in a format that affords accurate representation in terms of nested sets of individuals. (shrink)

Traditional Bayesianism requires that an agent’s degrees of belief be represented by a real-valued, probabilistic credence function. However, in many cases it seems that our evidence is not rich enough to warrant such precision. In light of this, some have proposed that we instead represent an agent’s degrees of belief as a set of credence functions. This way, we can respect the evidence by requiring that the set, often called the agent’s credal state, includes all credence functions that are in (...) some sense compatible with the evidence. One known problem for this evidentially motivated imprecise view is that in certain cases, our imprecise credence in a particular proposition will remain the same no matter how much evidence we receive. In this article I argue that the problem is much more general than has been appreciated so far, and that it’s difficult to avoid it without compromising the initial evidentialist motivation. _1_ Introduction _2_ Precision and Its Problems _3_ Imprecise Bayesianism and Respecting Ambiguous Evidence _4_ Local Belief Inertia _5_ From Local to Global Belief Inertia _6_ Responding to Global Belief Inertia _7_ Conclusion. (shrink)

l / Some Aspects and Developments of Gestalt Psychology1 [I] The Development and Status of the Problem At the basis of the constitution of the physical ...

An interpolation theorem holds for many standard modal logics, but first order $S5$ is a prominent example of a logic for which it fails. In this paper it is shown that a first order $S5$ interpolation theorem can be proved provided the logic is extended to contain propositional quantifiers. A proper statement of the result involves some subtleties, but this is the essence of it.