Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze (...) past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University. (shrink)

Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze (...) past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University. (shrink)

Many critics of the legalization of physician‐assisted death oppose it in part because they fear it will further disadvantage those who are already economically disadvantaged. This argument points to a serious problem of how economic considerations can influence medical decisions, but in the context of PAD, the concern is not borne out. We will provide empirical evidence suggesting that concerns about money influence medical decisions throughout the full course of illness, but at the end of life, financial pressure is much (...) more likely to influence a decision to pursue or reject aggressive life‐extending care than it is to influence a request for PAD. We will also address the question of whether financial pressure as a result of being poor—particularly in the context of an inadequate social safety net—robs people of their autonomy, rendering their informed request and consent invalid. We argue that it does not. We will emphasize the impracticality and injustice of rejecting the role of poverty as a legitimate factor in decision‐making, the irrational distinction between PAD and withdrawal of life‐sustaining care, and the more appropriate focus on the great flaws in the American health care system. (shrink)

Philosophy of Communication Ethics is a unique and timely volume that creatively examines communication ethics, philosophy of communication, and "the other.".

This study examines the cross‐cultural generality of Hering's (1878/1964) color‐opponent theory of color appearance. English‐speaking and Somali‐speaking observers performed variants of two paradigms classically used to study color‐opponency. First, both groups identified similar red, green, blue, and yellow unique hues. Second, 25 English‐speaking and 34 Somali‐speaking observers decomposed the colors present in 135 Munsell color samples into their component Hering elemental sensations—red,green,blue, yellow, white, and black—or else responded “no term.” Both groups responded no term for many samples, notably purples. Somali (...) terms for yellow were often used to name colors all around the color circle, including colors that are bluish according to Hering's theory. Four Somali Grue speakers named both green and blue elicitation samples by their term for green. However, that term did not name the union of all samples called blue or green by English speakers. A similar pattern was found among three Somali Achromatic speakers, who called the blue elicitation sample black or white. Thus, color decomposition by these Somali‐speaking observers suggests a lexically influenced re‐dimensionalization of color appearance space, rather than a simple reduction of the one proposed by Hering. Even some Somali Green‐Blue speakers, whose data were otherwise similar to English, showed similar trends in yellow and blue usage. World Color Survey data mirror these results. These within‐ and cross‐cultural violations of Hering's theory do not challenge the long‐standing view that universal sensory processes mediate color appearance. However, they do demonstrate an important contribution of language in the human understanding of color. (shrink)

The Declaration of Helsinki and the Council of the International Organization of Medical Sciences provide guidance on standards of care and prevention in clinical trials. In the current and increasingly challenging research environment, the ethical status of a trial design depends not only on protection of participants, but also on social value, feasibility, and scientific validity. Using the example of a study assessing efficacy of a vaccine to prevent human papilloma virus in HIV-1 infected adolescent girls in low resource countries (...) without access to the vaccine, we compare several trial designs which rank lower on some criteria and higher on others, giving rise to difficult trade-offs. This case demonstrates the need for developing more nuanced guidance documents to help researchers balance these often conflicting criteria. (shrink)

During each school semester, students face an onslaught of material to be learned. Students work hard to achieve initial mastery of the material, but when they move on, the newly learned facts, concepts, and skills degrade in memory. Although both students and educators appreciate that review can help stabilize learning, time constraints result in a trade-off between acquiring new knowledge and preserving old knowledge. To use time efficiently, when should review take place? Experimental studies have shown benefits to long-term retention (...) with spaced study, but little practical advice is available to students and educators about the optimal spacing of study. The dearth of advice is due to the challenge of conducting experimental studies of learning in educational settings, especially where material is introduced in blocks over the time frame of a semester. In this study, we turn to two established models of memory—ACT-R and MCM—to conduct simulation studies exploring the impact of study schedule on long-term retention. Based on the premise of a fixed time each week to review, converging evidence from the two models suggests that an optimal review schedule obtains significant benefits over haphazard (suboptimal) review schedules. Furthermore, we identify two scheduling heuristics that obtain near optimal review performance: (a) review the material from μ-weeks back, and (b) review material whose predicted memory strength is closest to a particular threshold. The former has implications for classroom instruction and the latter for the design of digital tutors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Health Care Ethics: Theological Foundations, Contemporary Issues, and Controversial Cases, revised edition by Michael R. Panicola, David M. Belde, John Paul Slosar, and Mark F. Repenshek, and: On Moral Medicine: Theological Perspectives in Medical Ethics, third edition ed. by M. Therese Lysaught and Joseph J. Kotva Jr. with Stephen E. Lammers and Allen VerheyLindsey EsbensenReview of Health Care Ethics: Theological Foundations, Contemporary Issues, and Controversial Cases, revised edition (...) MICHAEL R. PANICOLA, DAVID M. BELDE, JOHN PAUL SLOSAR, AND MARK F. REPENSHEK Winona, MN: Anselm Academic, 2011. 438 pp. $37.95Review of On Moral Medicine: Theological Perspectives in Medical Ethics, third edition EDITED BY M. THERESE LYSAUGHT AND JOSEPH J. KOTVA JR. WITH STEPHEN E. LAMMERS AND ALLEN VERHEY Grand Rapids, MI: Eerdmans, 2012. 1180 pp. $61.55Health Care Ethics and On Moral Medicine are excellent resources for those studying and teaching in the field of medical ethics. Each text on its own provides a very good initial evaluation of contemporary conversations in health care ethics. Together they provide a thorough foundation for the study of health care ethics that encourages further exploration of topics in the field. They both provide an excellent overview for undergraduate students as well as anyone interested in the field of medical morality.Health Care Ethics is especially helpful for those entering the field of ethics in general and the more particular realm of medical morality. User-friendly, [End Page 211] the book is accessible to beginners while also being relevant to those already well-versed in medical ethics. The book provides case studies culled from the experiences of the authors throughout their careers in the practice of medical ethics. Perhaps even more useful, however, are the other exercises in which readers are given the opportunity to actively engage the text in order to discover and more fully articulate their own moral stance. Although Health Care Ethics approaches the topic from a theological perspective, using scriptural passages as well as broader religious themes and contexts, the book is accessible to those outside of the religious arena as well.The first three chapters lay the framework for general theological and ethical inquiry while the later chapters discuss more specific topics in applied health care ethics. The opening chapters by Michael Panicola are thought-provoking, especially since they encourage readers to participate in exercises to determine how they would respond to particular scenarios in their personal decision making. For example, after laying out the classic ethical theories, readers are asked to take a “quiz” by responding to multiple-choice questions to determine how they would respond to various ethical situations. The exercise demonstrates that moral discernment that relies on one ethical theory alone or one single approach to ethics is too narrow and confining for authentic dialogue in ethics. Another exercise calls upon readers to examine their fundamental bases for personal decision making by asking them to create a list of what they think are the ten things that constitute human flourishing and then narrow that list down to the top two. In addition to being engaging, these exercises help readers establish their personal moral stance by asking them to appropriate foundational norms in the process of moral discernment to the case studies throughout the book. They also help readers apply these norms to the specific topics in health care ethics presented in the later chapters.The authors of Health Care Ethics clearly identify human flourishing as the center and goal for all ethical inquiry. Demonstrating that “human flourishing” has different connotations for different people, they also argue that certain norms can be agreed upon to establish a framework for all conversations regarding moral decision making in health care. They especially emphasize a concern for the optimization of human flourishing in final chapters of the text. Chapters 4–12 provide detailed examinations of current topics in medical ethics. Each chapter includes case studies that raise questions concerning social ethics as well as health care morality, employing sources from law, sociology, philosophy, and theology. Each case underscores the complexity of moral decision making in health care ethics as well as the point that there is no one, pure approach to medical ethics that... (shrink)

As someone diagnosed with severe chronic mental illness early in my adolescence, I have spent over half of my life feeling out of step with the rest of the world due to hospitalizations, treatment programs, and the disruptions caused by anxiety, anorexia, depression, and obsessive–compulsive disorder. The effect of my mental health conditions compounded by these treatment environments means I often feel that I experience time passing differently, which results in sensations of removal and isolation from those around me. The (...) global shutdown caused by the COVID-19 pandemic seemed a way for normative bodies to experience the passing of time the way I always have. In this paper, I extend Dr. Sara Wasson’s analysis of the ways in which chronic pain resists narrative coherence to my own temporal experience of chronic mental illness, specifically my embodied experience of the pandemic. I use that embodied experience as a case study for examining how the reciprocal nature of time and narrativity, as outlined by Dr. Paul Ricoeur, can create isolation for those struggling with their temporality due to chronic mental illness. To acknowledge and grapple with the ramifications of discursive and material privilege involved in such situations, I include an analysis of Robert Desjarlais’s 1994 article “Struggling Along: The Possibilities for Experience among the Homeless Mentally Ill,” in which he investigates a similar phenomenon of being outside of structured sequential narrative time in the residents of a Boston shelter for the mentally ill. (shrink)

In the Politics of Black Joy, Lindsey Stewart develops Hurston's contributions to political theory and philosophy of race by introducing the politics of joy as a refusal of neoabolitionism, a political tradition that reduces southern Black life to tragedy or social death.

In “Post‐Liberation Feminism,” Ladelle McWhorter raises the question of what practices will be helpful to further feminist goals if we are no longer in a state of domination, but are still oppressed. McWhorter finds resources in Michel Foucault's concept of “practices of freedom” to begin to answer this question. I build upon McWhorter's insight while recalling Angela Davis's Blues Legacies and Black Feminism: namely, that sexual love, as conceived in hoodoo and the blues, became a terrain upon which newly emancipated (...) blacks worked out what their newfound freedom meant. In this essay, I consider what practices of freedom would look like within a life‐giving nexus of hoodoo, blues, and sexual love. Not only does the image of the hoodoo woman, prevalent within the blues, emerge through an interaction of race, class, region, gender, sexuality, and spiritualty, but analyzing sexual love within this hoodoo–blues coupling will help us track how sexual love was transformed into a practice of freedom. I will argue that sexual love within this hoodoo–blues coupling reveals an important dimension of emancipatory work that both defies categorization as resistance and is crucial to the development of capacities for resistance. (shrink)

This article highlights the extent to which finding a job without actively searching sustains workplace sex segregation. We suspect that unsolicited information from job informants that prompts fortuitous job changes is susceptible to bias about gender “fit” and segregates workers. Results from analyses of 1,119 respondents to the 1996 and 1998 waves of the National Longitudinal Survey of Youth are generally consistent with this expectation. Gender “misfits”—individuals employed in gender-atypical work groups— are more likely to move into gender-typical work groups (...) than neutral ones. Women misfits are more likely to move into male-dominated than neutral work groups without a job search, but they join mostly desegregated occupations and receive lower job rewards than men misfits who change jobs without searching. We conclude that the nonsearch process serves as an important mechanism that sustains sex segregation and workplace inequality. (shrink)

In “Post-Liberation Feminism,” Ladelle McWhorter raises the question of what practices will be helpful to further feminist goals if we are no longer in a state of domination, but are still oppressed. McWhorter finds resources in Michel Foucault's concept of “practices of freedom” to begin to answer this question. I build upon McWhorter's insight while recalling Angela Davis's Blues Legacies and Black Feminism: namely, that sexual love, as conceived in hoodoo and the blues, became a terrain upon which newly emancipated (...) blacks worked out what their newfound freedom meant. In this essay, I consider what practices of freedom would look like within a life-giving nexus of hoodoo, blues, and sexual love. Not only does the image of the hoodoo woman, prevalent within the blues, emerge through an interaction of race, class, region, gender, sexuality, and spiritualty, but analyzing sexual love within this hoodoo–blues coupling will help us track how sexual love was transformed into a practice of freedom. I will argue that sexual love within this hoodoo–blues coupling reveals an important dimension of emancipatory work that both defies categorization as resistance and is crucial to the development of capacities for resistance. (shrink)

This collection addresses a post-WWII shift in the hierarchy of scientific explanations, where the highest goal moves from reductionism towards some ...

Emerging research suggests that an organization’s ability to sustain a competitive advantage is increasingly linked to its successful pursuit of a business strategy that generates mutual benefit where the business is both profitable and functional for the common good. The question remains, however: What are the attributes of decision makers that enable them to realize mutually beneficial outcomes? This dissertation argues that one critical key to solving this question is a better understanding of moral imagination in organizational decision making. To (...) test this hypothesis, a new vignette-based cognitive measure for moral imagination in organizational decision making was created to explore empirically the relationship between moral imagination and mutually beneficial decision making. Overall, findings from 180 respondents supported the hypothesis that individuals, who exercise moral imagination, including the ability for discerning moral issues and developing a range of possible outcomes during the decision-making process, are indeed more likely to generate a mutually beneficial outcome for a situation compared to those who do not exercise moral imagination. Implications and directions for future research are discussed. (shrink)

As a result of globalization, the number of people living outside of their countries of origin is on the rise. Among them are children of primary and secondary school age of varying socio-economic backgrounds. This article addresses the education-related challenges that children in such circumstances face. I first identify two principles – an educational adequacy principle and a presumption of responsibility on the part of a host country for meeting children’s educationalneeds – which are widely employed to guide national policy (...) decisions on educational content and the distribution of educational resources. I then discuss a number of problems that students living abroad face which, I argue, policies devised on the basis of these principles either systematically overlook or, in some cases, exacerbate. Finally, I offer two alternative principles – a cosmopolitan revision of the first and a replacement for the second with a focus on collective responsibility – designed to promote education policies better suited to a globalized world which might help to alleviate the barriers to success commonly encountered by children learning abroad. (shrink)

abstract It is standardly taken for granted in the literature on the morality of abortion that adoption is almost always an available and morally preferable alternative to abortion — one that does the same thing so far as parenthood is concerned. This assumption pushes proponents of a woman's right to choose into giving arguments that are based almost exclusively around the physicality of pregnancy and childbirth. On the other side of the debate, the assumption that adoption is a real alternative (...) seems to strengthen the contention that a woman who wishes to abort is morally deficient, whatever the status of the foetus: that she is selfish or short‐sighted in her refusal to bear the temporary physical burden of pregnancy. In this article, I will argue that adoption is not a genuine alternative to abortion. It does not ‘do the same thing’, even setting aside the physicality of pregnancy. I will show that on the most successful model of parental obligation — a causal account that formalises the distinction between parent: progenitor, and parent: carer — birth mothers and fathers remain obliged, life‐long, to their birth children even when the child is adopted out. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Christology and EthicsLindsey EsbensenChristology and Ethics Edited by F. Leron Shults and Brent Waters Grand Rapids, Mich.: Eerdmans, 2010. 231 pp. $28.00.This collection of essays is a welcome venture into the often-neglected relationship between Christology and ethics. The book stresses that the reciprocal relationship between Christology and Christian moral discernment needs greater attention as well as creative reformulation. The essays produce a variety of models of how other (...) disciplines provide the critical and constructive developments that can strengthen the bond between Christology and the Christian moral life. Rather than a definitive resolution to the “problem” of these Christian disciplines, the book is an invitation to further inquiry, an offer to join the conversation.Although the contributors to this anthology present disparate analyses, they share the goal of integrating interdisciplinary developments in the engagement of Christology and ethics. While each author shares similar departure points for these essays, the conclusions are vastly diverse for each contributor. This is in part because the essays draw from a broad range of sources, from the theological to the scientific. One chapter incorporates developments in the field of psychoanalysis in a discussion of the Christian emphasis on participation in the “new creation” through Jesus Christ, who is akin to the psychoanalytic “third” (121). Another chapter applies evolutionary epistemology and evolutionary ethics to a discussion of the ongoing social mediation and cultural reinterpretation of what it means to “do as Jesus did” (178). Underlying all the expositions is an affirmation that ethics and Christology mutually instruct and challenge each other (98). [End Page 211]Despite the integral connection among the essays, some underlying tensions remain. For instance, Brent Waters’s “The Incarnation and the Moral Life” strongly emphasizes the distinction between the civil community and the church, between the City of Man and the City of God (30). The church is the body of Christ that ministers to the world; therefore, “the singular ministry of the baptized engages, evangelizes, and orders the world in the name and under the authority of Jesus Christ” (21). All moral discernment outside of that with Christological foundations falls short of its goal. Conversely, Jan-Olav Henriksen’s “The Surprise of Judgment and Justice” suggests a much more inclusive view of non-Christian (and non-Christological) contributions to ethics in his interpretation of Matthew 25. Using the imago Dei as the springboard for his analysis, the world is envisioned as God’s gift, and the other (the neighbor) is the imago Dei who calls for recognition. Henriksen contends, “Because Christ is the true image of God, all of humanity is related to him, and is in some sense represented in him.... Christ is the face of every other human—as the one who calls us to mercy, compassion, and love” (142). Christian moral action, then, “is not only determined by you, it is determined by them and their calling of you” (141). In this sense, then, the church does not minister to the world, but the world ministers to the church in helping her to recognize the world as God’s gift and to see the image of God in the neighbor.While the emphases of the various proposals in this collection of essays may produce tensions, the strain is actually a positive contribution to the overall project. The anthology seeks to examine the most significant issues in the relationship between Christology and ethics without necessarily providing a conclusive resolution to how these disciplines mutually inform and reinforce each other. This collection of essays begins a conversation and invites further investigation of the various lines of inquiry.As with any anthology, each essay will have a greater or lesser appeal to the reader according to his interests. Nonetheless, this collection of essays is a unique contribution to systematic and moral theology, and it is an indispensable anthology for those pursuing Christology or ethics for their future endeavors. [End Page 212]Lindsey EsbensenUniversity of Notre DameCopyright © 2012 Society of Christian Ethics... (shrink)

The difference between us is very marked. Most that I have done and suffered in the service of our cause has been in public, and I have received encouragement at every step of the way. You on the o...