In his interesting comment on my recent article, “The Appeals Process as a Means of Error Correction,” Edward Schwartz makes two criticisms of my analysis. The criticisms have essentially to do with my assumption that an appeals court judge will base his or her decisions only on what happened at trial, and not on any inference that can be drawn from the fact that an appeal was brought. Before explaining why I do not find Schwartz's criticisms problematic, it will be (...) helpful for me to restate the main features of the model that I examined in the article. (shrink)

In Fairness versus Welfare (FVW), we advance the thesis that social policies should be assessed entirely with regard to their effects on individuals' well-being. That is, no independent weight should be accorded to notions of fairness such as corrective or retributive justice or other deontological principles. Our claim is based on the demonstration that pursuit of notions of fairness has perverse effects on welfare, on other problematic aspects of the notions, and on a reconciliation of our thesis with the evident (...) appeal of moral intuitions. Here we summarize our three arguments and explain that Professor Ripstein's commentary largely fails to respond to them. (We will pass over some of what he says because it has little to do with our book, and we will not address his rather surprising attacks on our scholarship because the reader can readily verify their inaccuracy.). (shrink)

In his most recent article, “The Appeals Process as a Means of Error Correction,” Steven Shavell asks a very important question: Why do we use a hierarchical court structure? The flip side of this inquiry is whether we might not be better off simply making our trial courts more efficient. Although I certainly applaud the recent efforts of Shavell and other law and economics scholars to examine issues of institutional design, this particular attempt suffers from two major flaws. The first (...) involves the asymmetric treatment of litigants before trial courts and appeals courts: Appellants can choose to either appeal cases or not, but the population of cases before the trial courts is assumed to be exogenous. This severely limits the ability to improve the efficiency of trial courts, leading to an overestimation of the value added from an appeals process. The second problem involves the behavior of judges, who are assumed to behave as automatons. Allowing judges to behave rationally dramatically changes the nature of the model's results, most fatally leading to the elimination of the separation equilibrium that Shavell wishes to achieve. (shrink)

On philosophy; transcript of the 1978-1979 Śāradā-vyākhyāna-mālā lecture, under the auspices of Sri Lal Bahadur Shastri Rashtriya Vidyapeeth, New Delhi.

Contributed articles on self-realization.

Michael Choniates (c. 1138–c. 1222), a pupil of Eustathius of Thessalonica, who was Greek Orthodox Metropolitan of Athens for some 25 years up to that city's capture by Frankish crusaders ina.d.1205, is best known to classical scholars as the possessor of probably the last complete copy of Callimachus'HecaleandAetia. He had brought with him from Constantinople many books of all kinds, and added to his collection when in Athens. Although an immense task, it would be well worth trying to identify all (...) Michael's classical allusions, as an indication of how much ancient Greek literature was still available just before Constantinople too succumbed to the crusaders. (shrink)

In contemporary medicine, it is not always obvious whether the acceptance of a benefit constitutes a conflict of interest. A particular area of controversy has been the impact of small gifts or other benefits from pharmaceutical companies on physicians' behaviour. Typically, in such cases, the gift is not an explicit reward for cooperation; the physician does not perceive the gift as an attempt to influence his or her judgement; and the reward is relatively minor. Under these circumstances, physicians are generally (...) of the view that acceptance of gifts will not affect their behaviour, notwithstanding findings from social psychology and neuroscience that the impact of gifts is often unconscious, shaping action without a person's awareness. Here, we draw on traditional texts of Jewish law pertaining to the prohibition of taking a gift to illustrate recognition by the ancients of unconscious conflicts of interest, and their approach to dealing with the problem. (shrink)

Morals of 13th-20th century Mongolian Moral Doctrines.

Study of Yogasūtra of Patañjali with Yogabhāṣya of Vyāsa and philosophy of Osho on Yoga philosophy.

Festschrift in honor of S.A. Shaida; contributed research papers.

Hagiography of Sankaracarya, the exponent of Advaita philosophy.

Concept of Avidyā in the Vedānta philosophy of Śaṅkarācārya; a study.