Volume 24, Issue 8, August 2024, Page 121-123.

Shavelson and colleagues (2023) describe how medical aid-in-dying laws in the United States prohibit assistance in administering aid-in-dying medication. This prohibition distinguishes aid in dying...

Persons with dementia often prefer to participate in decisions about their health care, but may be prevented from doing so because healthcare decision-making law facilitates use of advance directives or surrogate decision makers for persons with decisional impairments such as dementia. Federal and state disability law provide alternative decision-making models that do not prevent persons with mild to moderate dementia from making their own healthcare decisions at the time the decision needs to be made. In order to better promote (...) autonomy and wellbeing, persons with dementia should be accommodated and supported so they can make their own healthcare decisions. (shrink)

The payment of human subjects is an area where Institutional Review Boards have wide discretion. Although the “Common Rule” requires the provision of full information to human research participants to secure valid consent, the Rule is silent on the issue of payment. Still, some federal agencies offer guidance on the matter. For example, the National Science Foundation cautions that high payments for risky research “may induce a needy participant to take a risk that they normally would prefer not to take.” (...) For research under its purview, the Food and Drug Administration guidance provides that “[a]dvertisements may state that subjects will be paid, but should not emphasize the payment or the amount to be paid, by such means as larger or bold type.” One might read the FDA guidance to permit the advertisement for human subjects to state the specific amount of payment, as long as it is not emphasized. (shrink)

As improvements in neuroscience have enabled a better understanding of disorders of consciousness as well as methods to treat them, a hurdle that has become all too prevalent is the denial of coverage for treatment and rehabilitation services. In 2011, a settlement emerged from a Vermont District Court case, Jimmo v. Sebelius, which was brought to stop the use of an “improvement standard” that required tangible progress over an identifiable period of time for Medicare coverage of services. While the use (...) of this standard can have deleterious effects on those with many chronic conditions, it is especially burdensome for those in the minimally conscious state, where improvements are unpredictable and often not manifested through repeatable overt behaviors. Though the focus of this paper is on the challenges of brain injury and the minimally conscious state, which an estimated 100,000 to 200,000 individuals suffer from in the United States, the post-Jimmo arguments presented can and should have a broad impact as envisioned by the plaintiffs who brought the case on behalf of multiple advocacy groups representing patients with a range of chronic care conditions. (shrink)

McCarthy and Howard (2023) advocate for supported decision making for patients with intellectual and developmental disabilities (IDD). Departing from the “mental prosthesis” model of supported deci...

Pullman (2023) compares medically-assisted dying (MAiD) laws and rates of medically-assisted deaths in Canada and California, noting some differences in the legal regime and a higher rate of MAiD i...

Patient narratives from two investigational deep brain stimulation trials for traumatic brain injury and obsessive‐compulsive disorder reveal that injury and illness rob individuals of personal identity and that neuromodulation can restore it. The early success of these interventions makes a compelling case for continued post‐trial access to these technologies. Given the centrality of personal identity to respect for persons, a failure to provide continued access can be understood to represent a metaphorical identity theft. Such a loss recapitulates the pain of (...) an individual's initial injury or illness and becomes especially tragic because it could be prevented by robust policy. A failure to fulfill this normative obligation constitutes a breach of disability law, which would view post‐trial access as a means to achieve social reintegration through this neurotechnological accommodation. (shrink)

Deaths of Despair (DoD), or mortality resulting from suicide, drug overdose, and alcohol-related liver disease, have been rising steadily in the United States over the last several decades. In 2020, a record 186,763 annual despair-related deaths were documented, contributing to the longest sustained decline in US life expectancy since 1915–1918. This forum feature considers how health humanities disciplines might fruitfully engage with this era-defining public health catastrophe and help society better understand and respond to the crisis.

In our article, we share the lessons we have learned after creating and running a successful legal laboratory over the past seven years at Yale Law School. Our legal laboratory, which focuses on the intersection of law and severe brain injury, represents a unique pedagogical model for legal academia, and is closely influenced by the biomedical laboratory.

Delivering high quality genomics-informed care to patients requires accurate test results whose clinical implications are understood. While other actors, including state agencies, professional organizations, and clinicians, are involved, this article focuses on the extent to which the federal agencies that play the most prominent roles — the Centers for Medicare and Medicaid Services enforcing CLIA and the FDA — effectively ensure that these elements are met and concludes by suggesting possible ways to improve their oversight of genomic testing.

Abortion prohibitions in some states include carve-outs based on the medical condition of either the mother or the fetus. These carve-outs, however, may be couched in limiting language structured by legislators rather than in language understandable in the context of medical care. In circumstances where legislative bodies fail to adequately incorporate medical professionals in the drafting of medical laws, the resulting vagueness or ambiguity may lead to a lack of utility or viability. This paper considers the consequences of such legislative (...) misreading of medicine. It does so with a particular example, Utah’s abortion trigger law, 2020 Senate Bill 174 (S.B. 174). S.B. 174 was enacted in 2020 (currently enjoined pending the outcome of _Planned Parenthood Association of Utah v. State of Utah_) and includes an exception for serious fetal anomaly—in other words, disability. While Utah is not alone in its inclusion of a disability exception for abortion, S.B. 174 is unique in the language it uses to carve out this exception: the law requires that the fetus has a “uniformly diagnosable and uniformly lethal” defect. This article explores the medical-legal mismatch in S.B. 174 through an analysis of the statute’s legislative history and its language, an academic and legal database review, and an application of the statutory language to multiple serious genetic diagnoses. In doing so, this paper unpacks just how mismatched these terms are and reveals the massive gap the law will leave between the legal consequences and the medical realities of abortion. (shrink)

In their article, Navin, Brummett, and Wasserman (2022) advance the idea that there are qualitatively different types of decision-making capacity (DMC) for treatment refusals. Departing from what t...

Pickering, Newton-Howes, and Young assert that the traditional view of decisional capacity, premised on assessing patients’ abilities to communicate, understand, appreciate,...

In early 2013, the Indian government introduced new rules governing the conduct of clinical trials involving human participants. Among other provisions, the law requires that sponsors of research compensate participants who are injured during the course of their research participation. This article examines the effects of India's compensation law and the efforts that policymakers in India have made to tailor the law since its passage. I use the legal concept of acoustic separation as a framework to explain and justify the (...) approach that India has taken in refining its regulation of research related injuries. I conclude that India's example may provide useful lessons for research sponsors and lawmakers in other regulatory states seeking to promote a well-regulated biomedical research industry. (shrink)

Discussion of supported decision making has been dominated by legal scholars, philosophers, and advocates for persons with disabilities. Peterson et al.’s primary contribution is introducing...

I read Montesquieu’s 'Persian Letters' as an attempt to theorize a liberated alternative to despotic rule. As Montesquieu argues in 'The Spirit of the Laws,' fear—specifically fear of the ruler’s emotional and material excesses—dominates the life of the despotic subject. Although in the 'Letters' the seraglio is the despotic state’s parallel, the seraglio is the site of over owing and barely governed passions. Montesquieu’s solution to the excesses of the seraglio is not the eradication of emotion; rather, he o (...) ers a template for transforming negative passion—fear—into courage, a prelude to a potentially liberating experience. is transformation is portrayed most clearly in the character of Roxane, the rebellious wife whose courageous actions precipitate the collapse of the seraglio. I argue that Roxane’s insurrection and suicide evoke a model established by the Roman matriarch Lucretia. Though not traditional political actors themselves, both Lucretia and Roxane anticipate the possibility of a personal and political liberation through their refusal of fear-based, despotic politics in favour of alternative emotional regimes based in courage. (shrink)

Marshall and colleagues (2024) contribute to the literature on autonomy and decision-making capacity by focusing on the case of individuals with opioid use disorder who refuse to remain in the hosp...

Rousseau’s embrace of ceremony and festivals in his Considerations on the Government of Poland demonstrates one way for republican political thought to develop a substantive treatment of civic virtue. Differentiating the narcissism of spectacle and theater that Rousseau critiques in the Letter to d’Alembert from the Considerations’ call for a generous affect, I demonstrate that the latter is compatible with a republican ethos premised on civic virtue and patriotic attachment to the nation-state. Rousseau argues for the instantiation of political (...) practices that constantly cultivate political virtue and their associated affective orientations. His treatment of civic ceremonies in the Considerations should be read as an attempt to inculcate patriotic affect in republican citizens via constitutional measures. (shrink)

Volume 20, Issue 8, August 2020, Page 88-90.

In the preface of the 2006 edition ofJust and Unjust Wars, Michael Walzer makes an important distinction between, on the one hand, “measures short of war,” such as imposing no-fly zones, pinpoint air/missile strikes, and CIA operations, and on the other, “actual warfare,” typified by a ground invasion or a large-scale bombing campaign. Even if the former are, technically speaking, acts of war according to international law, he proffers that “it is common sense to recognize that they are very different (...) from war.” While they all involve “the use of force,” Walzer distinguishes between the level of force used: the former, being more limited in scope, lack the “unpredictable and often catastrophic consequences” of a “full-scale attack.” Walzer calls the ethical framework governing these measuresjus ad vim, and he applies it to state-sponsored uses of force against both state and nonstate actors outside a state's territory that fall short of the quantum and duration associated with traditional warfare. Compared to acts of war,jus ad vimactions present diminished risk to one's own troops, have a destructive outcome that is more predictable and smaller in scale, severely curtail the risk of civilian casualties, and entail a lower economic and military burden. These factors makejus ad vimactions nominally easier for statesmen to justify compared to conventional warfare, though this does not necessarily mean these actions are morally legitimate or that they do not have potentially nefarious consequences. (shrink)

Incapacitated adults with a legally appointed guardian or conservator may be recruited for or involved with medical, behavioral, or social science research. Much of the research in which such persons participate is aimed at evaluating medical interventions for them, or contributing to general knowledge about disorders from which they may suffer. In this paper we will consider how the appointment of guardians for patients with disorders of consciousness —severe brain injuries that affect a patient’s level of arousal and ability to (...) interact —impacts such patients’ access to research.Such persons may be under guardianship because they have lost decisional capacity (i.e., those in a coma or... (shrink)

Volume 24, Issue 8, August 2024, Page 121-123.

While the global threat of Ebola Virus Disease in 2014 was concentrated in several West African countries, its effects have been felt in many developed countries including the United States. Initial, select patients with EVD, largely among American health care workers volunteering in affected regions, were subsequently transported back to the states for isolation and treatment in high-level medical facilities. This included Emory University Hospital, which sits adjacent to the federal Centers for Disease Control and Prevention in Atlanta, Georgia.The first (...) domestic case of EVD occurred in late September in Dallas, Texas. Additional exposures of two HCWs generated an array of legal issues for state and local public health authorities, hospitals, and providers. Consideration of these issues led to extensive discussion among lawyers, public health practitioners, and other attendees at a late-breaking session on EVD and Legal Preparedness at the 2014 National Public Health Law conference. In this commentary, session presenters from CDC and Emory University share their expert perspectives on legal and policy issues underlying state and local powers to quarantine and isolate persons exposed to or infected with Ebola, as well as facets of hospital preparedness underlying the successful treatment of patients with EVD. (shrink)

In January 2016, Medicare began reimbursing clinicians for time spent engaging in advance care planning with their patients or patients’ surrogates. Such planning involves discussions of the care an individual would want to receive should he or she one day lose the capacity to make health care decisions or have conversations with a surrogate about, for example, end‐of‐life wishes. Clinicians can be reimbursed for face‐to‐face explanation and discussion of care and advance directives and for the completion of advance care planning (...) forms. Although it seems that political barriers to reimbursement for such planning have largely faded, the Medicare policy's impact on provider billing practices appears to be limited, suggesting other barriers to clinician engagement in advance care planning. Additionally, the effects of this policy on patient behavior and the clinician‐patient relationship are not yet known. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: In the early days of the COVID-19 pandemic, the mundane activity of eating with or near others became physically hazardous and normatively fraught. Nourishing oneself outside one's home could raise serious risks to one's health and wellbeing, and was suddenly subject to new policies and prohibitions aimed at minimizing harm and liability. The decision to eat out demanded personal calculations of risk and benefit, as well as interpersonal (...) negotiation, sometimes prompting contentious conversations about the realities of disease transmission and our moral responsibilities. For many people, coming to think about eating outside the home as a pressing and significant threat to health and life was a radical shift. Yet, as Michael Gill's Allergic Intimacies: Food, Disability, Desire, and Risk details, the experience of eating meals as risking lethal consequences, demanding active personal risk management (including knowledge and negotiation of laws and policies), and straining important interpersonal relationships, is quite familiar to those living with food allergies. Allergic Intimacies offers a rich and generative exploration of the challenges of living with food allergies in the United States. A disability studies scholar, Gill frames the book as an examination of the "meanings" of food allergy from an intersectional perspective that centers both disability and race (ix). (shrink)

It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that the (...) 'international' realm was characterised by the independence of states existing 'in the state and posture of gladiators', thus apparently denying that legal rules or practices or legal thinking could have much relevance therein. Yet others believed, as Immanuel Kant did, that without a constitutional vocabulary not much that was meaningful could be said about the human pursuit of freedom, and that silence about the latter would not only constitute a moral failure but an intellectual and perhaps political mistake. For a long time, the idiom of natural law claimed to offer a universally valid frame for thinking about the nature of the political, as well as providing authority for lawyers' speculations about the rules and principles governing the conduct of individuals and corporate bodies wherever they might move. The name of the relevant discipline at German universities from the late seventeenth century onwards-ius naturae et gentium, the law of nature and of nations-revealed the full scope of its ambition. That discipline may have died away (although that is a debatable proposition) but any political thinking worth its salt will today (perhaps especially in the twenty-first century) aim to say something about how authority emerges, is maintained or critiqued not only within but also outside the single state. The world of 'nations' or even 'humanity' is established as an important theme of political and legal speculation. (shrink)

Wright, Ken France's state school system has a long tradition of freedom from religion. It owes a great debt to Jules Ferry who was Minister for Public Instruction from 1879 to 1885, and to Ferdinand Buisson, his Director of Primary Education. A law of 28 March 1882 removed the teaching of religion from all primary schools, to be replaced by ethics and civics.

This is the first article in a two-part series describing subject and family perspectives from the central thalamic deep brain stimulation for the treatment of traumatic brain injury using the Medtronic PC + S first-in-human invasive neurological device trial to achieve cognitive restoration in moderate to severe traumatic brain injury, with subjects who were deemed capable of providing voluntary informed consent. In this article, we report on interviews conducted prior to surgery wherein we asked participants about their experiences recovering from (...) brain injury and their perspectives on study enrollment and participation. We asked how risks and benefits were weighed, what their expectations and fears were, and how decisions were reached about trial participation. We found that informed consent and enrollment decisions are fraught. Subjects and families were often split, with subjects more focused on putative benefits and families concerned about incremental risk. Both subjects and families viewed brain injury as disruptive to personal identity and relationships. As decisions were made about study enrollment, families struggled with recognizing the re-emergent agency of subjects and ceding decision-making authority to subjects who had previously been dependent upon them for protection and guidance. Subjects and family members reported a hope for the relief of cognitive disabilities, improved quality of life, normalization of interpersonal interactions, and a return to work or school as reasons for study participation, along with altruism and a desire to advance science. Despite these aspirations, both subjects and families appreciated the risks of the intervention and did not suffer from a therapeutic misconception. A second essay to be published in the next issue of Cambridge Quarterly of Healthcare Ethics—Clinical Neuroethics will describe interviews conducted after surgery, the effects of cognitive restoration for subjects, families, and challenges presented to the social structures they will call upon to support them through recovery. This subsequent article will be available online prior to its formal publication in October 2023. (shrink)

This is the second paper in a two-part series describing subject and family perspectives from the CENTURY-S (CENtral Thalamic Deep Brain Stimulation for the Treatment of Traumatic Brain InjURY-Safety) first-in-human invasive neurological device trial to achieve cognitive restoration in moderate to severe traumatic brain injury (msTBI). To participate, subjects were independently assessed to formally establish decision-making capacity to provide voluntary informed consent. Here, we report on post-operative interviews conducted after a successful trial of thalamic stimulation. All five msTBI subjects met (...) a pre-selected primary endpoint of at least a 10% improvement in completion time on Trail-Making-Test Part B, a marker of executive function. We describe narrative responses of subjects and family members, refracted against that success. Interviews following surgery and the stimulation trial revealed the challenge of adaptation to improvements in cognitive function and emotional regulation as well as altered (and restored) relationships and family dynamics. These improvements exposed barriers to social reintegration made relevant by recoveries once thought inconceivable. The study’s success sparked concerns about post-trial access to implanted devices, financing of device maintenance, battery replacement, and on-going care. Most subjects and families identified the need for supportive counseling to adapt to the new trajectory of their lives. (shrink)

The studies in this 1996 volume consider Hegel's mature views on ethics and politics and relate them to the classical tradition of Western political thought. Manfred Tiedel brings to the analysis of Hegel's views a high level of scholarship and a thorough knowledge of earlier thinkers. Concentrating on the Philosophy of Right, he reveals connections which clarify Hegel's understanding of his relationship with his predecessors and of the transformation of political philosophy which Hegel wanted to effect. In doing so, he (...) throws much needed light on the structure of Hegel's work and on many of its more obscure doctrines concerning natural law, political economy, civil society and the state. Professor Riedel's work is highly regarded in Germany. The translation of these essays will provide a valuable counterpart to the approach of most English-speaking scholars and will help significantly to extend the understanding and appreciation of Hegel's political philosophy. (shrink)

A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination (...) of legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded. (shrink)

This article examines the principle of state immunity from the civil jurisdiction of national courts as it has been applied to officials. In Jones v Saudi Arabia the House of Lords held that individual officials should have the benefit of immunity, notwithstanding the possibility of criminal prosecution as agreed by states parties to the United Nations Convention Against Torture. It is incontrovertible as a matter of international and English law that the state itself is immune from suit in (...) torture claims but there was scant authority prior to Jones requiring the extension of immunity to individual officials. There are two key hurdles for the torture victim to surmount: first, it must be demonstrated that the forum state has jurisdiction to make and adjudicate rules regarding the relevant conduct and, secondly, that any claim to immunity should be denied. It is argued that the assertion of civil jurisdiction over torture which has taken place in another country is permissible under English rules on conflict of laws and would not be excessive in view of the recognition of criminal jurisdiction by states parties to the United Nations Convention Against Torture and under customary international law. It is further argued that to allow civil suit against the torturer (but not the state) would not offend the principles of public international law that relate to immunity, nor should it breach the State Immunity Act 1978. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

Since its inception in 2010, the Network for Public Health Law has aligned with federal, state, tribal, and local public health practitioners to assess how law can promote and protect the public’s health. In 2013, Network authors illustrated major trends in public health laws and policies emanating from an internal assessment of thousands of requests for technical assistance nationally. More recently, the Robert Wood Johnson Foundation has invited the Network and other partners to consider new ideas and strategies toward (...) building a “culture of health.” Per Figure 1, RWJF’s conception of a culture of health emphasizes key action areas essential to the promotion of health across all sectors and diverse populations. (shrink)

Firearm violence has soared in American cities, but most states statutorily preempt municipal firearm regulation. This article describes a unique collaboration in Philadelphia among elected officials, public health researchers, and attorneys that has led to litigation based on original quantitative analyses and grounded in innovative constitutional theories and statutory interpretation.

With most states now making sex offender registration information available to the public, journalists must balance their obligation to inform the public about potential dangers with respect for individuals' rights. This article examines the problems journalists face in truth telling and minimizing harm and offers suggestions for covering community notification. At minimum, we suggest journalists verify the accuracy of information received from police, make independent judgments about whether or not publication of sex offender registration information is warranted, and provide background (...) information on the scope and effectiveness of community notification in their areas. (shrink)

This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states' responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states' obligations, a duty to accept (...) displaced islanders can be established. However, the proximity principle is ill-suited to determining which states should shoulder responsibility in this situation. Drawing on Miller's account of remedial responsibility and his ‘connection theory,’ I suggest that the obligation to accept ‘environmental refugees’ should be shouldered principally by affluent states that share significant degrees of causal and moral responsibility for climate change, and also have particularly strong capacities to assist the displaced. (shrink)

Land is becoming increasingly scarce relative to the demands of the global economy; a problem significantly exacerbated by climate change. In response, some have suggested that land should be conceptualised as a global commons. This framing might seem like an appealing way to promote sustainable and equitable land use. However, it is a poor fit for the worldʼs land because global commons are generally understood as resources located beyond state borders. I argue that land can be seen to fit (...) the definition of a global commons, if viewed in a particular way; namely, as a biogeochemical resource system that sequesters carbon emissions. The question then arises whether land should be conceptualised as a global commons. I consider this question by reference to three contemporary problems of land justice (land grabbing, forced displacement, and unfairness in land-based climate mitigation); arguing that the global-commons framing will not be conducive to understanding or responding to these problems. I leave the question of how the global community should conceptualise land in the context of climate change open, claiming that any answer must include the voices and perspectives of those whose livelihoods and identities are closely connected to the land. (shrink)

This paper provides an analysis of U.S. farmland owners, operators, and workers by race, ethnicity, and gender. We first review the intersection between racialized and gendered capitalism and farmland ownership and farming in the United States. Then we analyze data from the 2014 Tenure and Ownership Agricultural Land survey, the 2012 Census of Agriculture, and the 2013–2014 National Agricultural Worker Survey to demonstrate that significant nation-wide disparities in farming by race, ethnicity and gender persist in the U.S. In 2012–2014, White (...) people owned 98% and operated 94% of all farmland. They generated 98% of all farm-related income from land ownership and 97% of income from farm owner-operatorship. Meanwhile, People of Color farmers were more likely to be tenants rather than owners, owned less land, and generated less farm-related wealth per person than their White counterparts. Hispanic farmers were also disproportionately farm laborers. In addition to racial and ethnic disparities, there were disparities by gender. About 63% of non-operating landowners, 86% of farm operators, and 87% of tenant farmers were male, and female farmers tended to generate less income per farmer than men. This data provides evidence of ongoing racial, ethnic and gender disparities in agriculture in the United States. We conclude with a call to address the structural drivers of the disparities and with recommendations for better data collection. (shrink)

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 : 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment (...) in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478, allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256, and California, in Eear v. Sills, 82 Cal. Rptr. 281, rejected lawsuits brought by nonpatients for professional liability. (shrink)

Three issues related to Feldman and Levin's treatment of biological variability are discussed. We question the usefulness of the indirect component of δλ. We suggest that trade-offs between speed and accuracy in aimed movements support identification of δλ, rather than λ, as a control variable. We take issue with the authors' proposal for resolving redundancy in multi-joint movements, given recent data.

According to a well-established tradition in the philosophy of language, we can understand what makes an arbitrary sound, gesture, or marking into a meaningful linguistic expression only by appealing to mental states, such as beliefs and intentions. In this paper, I explore the contrasting possibility of understanding the meaningfulness of linguistic expressions just in terms of observable linguistic behavior. Specifically, I explore the view that a type of sound becomes a meaningful linguistic expression within a group in virtue of the (...) production of that type of item becoming that group’s widespread, copied way of getting others to involve an object or relation in their activity. After discussing a preliminary version of the view, I develop it in response to some key concerns about whether it really does, as a matter of fact, eschew mental states, and about its adequacy as an account of linguistic meaning. (shrink)

This study critically explores the representation of ideologies across the verbal and visual modes in 15 articles and photographs from local Spanish-language print media with the goal of determining the potential for minoritized semiotic texts to challenge the negative semiotic treatment of Latin@ immigrants in the United States. Following a critical social semiotic approach, the analysis of intersemiotic relationships demonstrates that approximately half of the semiotic texts analyzed communicate an overall transformative message by challenging the negative representations of Latin@s in (...) the mainstream media. The strong presence of transformative ideologies in the verbal and visual modes underscores the potential for Spanish-language media to represent Latin@s as powerful social actors who stand up to negative treatment through activism. Moreover, the contrast of ideologies across the verbal and visual modes may incite the audience to participate in activism that supports Latin@ immigrants in the United States. (shrink)

During the final months of Sri Lanka's 2006–2009 civil war, Sri Lankan armed forces engaged in a disproportionate and indiscriminate shelling campaign against the Liberation Tigers of Tamil Eelam, which culminated in the deaths of tens of thousands of civilians. Conventional wisdom suggests that Sri Lanka undermined international humanitarian law. Significantly, however, the Sri Lankan government did not directly challenge such law or attempt to justify its departure from it. Rather, it invented a new set of facts about its conduct (...) to sidestep its legal obligations. Though indirect, this challenge was no less significant than had Sri Lanka explicitly rejected those obligations. Drawing on Clark et al.'s concept of denialism, this article details the nature of Sri Lanka's challenge to the standing of IHL. At the core of its denialist move, Sri Lanka maintained that while the LTTE was using civilians as human shields, government forces were adhering to a zero civilian casualty approach. With this claim, Sri Lanka absolved itself of any responsibility for the toll inflicted on civilians and sealed its conduct off from the ambit of IHL. This case illustrates how actors can considerably undermine the law using strategies of contestation far more subtle than direct confrontation. (shrink)