The United States Court of Appeals for the Eighth Circuit held that ERISA did not preempt a Minnesota tort claim alleging fraud and negligent misrepresentation against primary-care physicians who failed to disclose their financial incentives to minimize specialist referrals. The original action was filed in state court after the plaintiff's husband died of heart failure, alleging that his family doctors had assured him that referral to a cardiologist was unnecessary. The plaintiff filed a wrongful death suit against the doctors, their (...) clinic, and her husband's HMO. Her complaint against the HMO alleged that certain financial incentives built into the HMO-physician contract were designed to minimize referrals to specialists. The HMO removed the case to the District of Minnesota, contending that ERISA preempted the plaintiff's wrongful death claim. (shrink)

The United States Court of Appeals for the Eighth Circuit held that ERISA did not preempt a Minnesota tort claim alleging fraud and negligent misrepresentation against primary-care physicians who failed to disclose their financial incentives to minimize specialist referrals. The original action was filed in state court after the plaintiff's husband died of heart failure, alleging that his family doctors had assured him that referral to a cardiologist was unnecessary. The plaintiff filed a wrongful death suit against the doctors, their (...) clinic, and her husband's HMO. Her complaint against the HMO alleged that certain financial incentives built into the HMO-physician contract were designed to minimize referrals to specialists. The HMO removed the case to the District of Minnesota, contending that ERISA preempted the plaintiff's wrongful death claim. (shrink)

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

Despite its uniform appearance, the cerebellar cortex is highly heterogeneous in terms of structure, genetics and physiology. Purkinje cells (PCs), the principal and sole output neurons of the cerebellar cortex, can be categorized into multiple populations that differentially express molecular markers and display distinctive physiological features. Such features include action potential rate, but also their propensity for synaptic and intrinsic plasticity. However, the precise molecular and genetic factors that correlate with the differential physiological properties of PCs remain elusive. In this (...) article, we provide a detailed overview of the cellular mechanisms that regulate PC activity and plasticity. We further perform a pathway analysis to highlight how molecular characteristics of specific PC populations may influence their physiology and plasticity mechanisms. (shrink)

Van Koppen and Mackor offer a scenario‐approach analysis of the case. They first explicate their approach, linking it to inference to the best explanation and theories of explanatory coherence. An important distinction in their analysis is between explaining known facts and predicting novel facts. They claim that their approach is cognitively feasible and stays close to descriptive theories of evidential reasoning. They want to keep it informal, so that legal professionals can apply it.

The foreskin is a complex structure that protects and moisturizes the head of the penis, and, being the most densely innervated and sensitive portion of the penis, is essential to providing the complete sexual response. Circumcision—the removal of this structure—is non-therapeutic, painful, irreversible surgery that also risks serious physical injury, psychological sequelae, and death. Men rarely volunteer for it, and increasingly circumcised men are expressing their resentment about it.Circumcision is usually performed for religious, cultural and personal reasons. Early claims about (...) its medical benefits have been proven false. The American Academy of Pediatrics and the Centers for Disease Prevention and Control have made many scientifically untenable claims promoting circumcision that run counter to the consensus of Western medical organizations.Circumcision violates the cardinal principles of medical ethics, to respect autonomy, to do good, to do no harm, and to be just. Without a clear medical indication, circumcision must be deferred until the child can provide his own fully informed consent.In 2012, a German court held that circumcision constitutes criminal assault. Under existing United States law and international human rights declarations as well, circumcision already violates boys› absolute rights to equal protection, bodily integrity, autonomy, and freedom to choose their own religion. A physician has a legal duty to protect children from unnecessary interventions. Physicians who obtain parental permission through spurious claims or omissions, or rely on the American Academy of Pediatrics' position, also risk liability for misleading parents about circumcision. (shrink)

J. H. van 't Hoff's 1874 Dutch pamphlet, in which he proposed the spatial arrangement of atoms in a molecule, is one of the most significant documents in the history of chemistry. This essay presents a new narrative of Van 't Hoff's early life and places the appearance of the pamphlet within the context of the 'second golden age' of Dutch science. We argue that the combination of the reformed educational system in The Netherlands, the emergence of graphical molecular modelling (...) within the theoretical and practical culture of chemistry during the 1860s and 1870s, as well as Van 't Hoff's own personal research trajectory, formed the background to his unprecedented attribution of spatial meaning to the traditional concept of atomic 'arrangement'. We also present a new English translation of the pamphlet, for we have found that the existing translation, published by G. M. Richardson in 1901, contains many errors, changes and omissions. The new version offers a more accurate rendition in English of Van 't Hoff's style and argument. (shrink)

In recent years there has been a renewed interest in the design argument, which states that the seemingly purposeful features of the natural world point to the existence of a supernatural designer. The purpose of this article is to give a brief survey of the fine-tuning of the fundamental constants in physics and cosmology, and complexity in biology, and their potential implications for the design argument. Contingency in the history of the earth and the evolution of life on earth is (...) also discussed, and some of the problems associated with inferring design from scientific investigations of nature are evaluated. It is concluded that an unambiguous detection of design in nature is not possible, but that this does not eliminate the demand for an ultimate explanation of the existence of the universe and the life it harbours. (shrink)

This article addresses the ability of Parallel Distributed Processing (PDP) networks to generate stagewise cognitive development in accordance with Piaget's theory of cognitive epigenesis. We carried out a replication study of the simulation experiments by McClelland (1989) and McClelland and Jenkins (1991) in which a PDP network learns to solve balance scale problems. In objective tests motivated from catastrophe theory, a mathematical theory of transitions in epigenetical systems, no evidence for stage transitions in network performance was found. It is concluded (...) that PDP networks lack the ability to recover the positive outcomes of analogous catastrophe analyses of real cognitive developmental data. In an attempt to further characterize the learning behaviour of PDP networks, we carried out a second simulation study using the discrimination‐shift paradigm. The results thus obtained indicate that PDP learning is compatible with the learning of stimulus‐response relationships, not with the acquisition of mediating rules such as conceived in (neo‐)Piagetian theory. In closing, we speculate about the feasibility of simulating stagewise development with alternative network architectures. (shrink)

In this paper I explore the character and role of stereoformulas and models of the atom that appeared in the early history of stereochemistry, including those of Jacobus Henricus van't Hoff, Aemilius Wunderlich, Johannes Wislicenus, Victor Meyer, Arthur Hantzsch, Alfred Werner, and Hermann Sachse. I argue that stereochemists constructed and used stereoformulas in a pragmatic way that ignored the physical implications of the spatial distribution of valence, and that the models of the atom were created to reconcile the physically curious (...) concept of valence with known physical laws. Although such models were explanatory at a deeper level, they had little impact on the theory and practice of chemistry, and were not serious attempts to reduce chemical theory to physical laws. (shrink)

Van Rensselaer Potter was the first voice to utter the word “bioethics,” yet he is too little appreciated by the bioethics community. My expectations for my first visit with Professor Van Rensselaer Potter were primed by conversations with leaders and historians of the field of biomedical ethics, including Warren Reich, Al Jonsen, and David Thomasma. When mentioning my interest in environmental ethics and my concerns for the current state of biomedical ethics, I was told that I must meet Van. On (...) my first visit to Madison, Wisconsin, Van met me at the McArdle Laboratories for Cancer Research at the University of Wisconsin, where he spent essentially his entire academic career as a basic oncological researcher. He was dressed informally and driving a rusting1984 Subaru station wagon with a license plate that read YES ZPG. We spent this first portion of our visit at the Institute where he is an Emeritus Professor and has contributed to understanding cancer metabolism as recognized by his election to the National Academy of Sciences. However, Van felt most at home in his shack located outside Madison. This country retreat included a rather primitive hut surrounded by acres of property owned by the family. I felt at the heart of Van's world when I sat in one of a pair of inexpensive plastic outdoor chairs in a particularly secluded part of the woods on the property, the place where Van himself communed with nature. (shrink)

La parole est l'entre-deux qui sépare et unit moi et le monde, moi et toi, moi et moi-même. On se demande quelle est la relation entre moi et ma parole, si la parole découle de l'essence même de mon être. Une analyse phénoménologique, qui partirait du dialogue comme d'un donné indubitable, ne suffit pas tout à fait, puisqu'il il s'agit d'un sens éventuel du dialogue pour le tout de mon être. Il faut donc aborder la question d'un point de vue (...) d'où le dialogue lui-même est mis en suspens. Commençons par l'indubitable absolu : l'être. Il y a quelque chose, quoi que ce soit, il y a au moins la question même de l'être. Mais cette question qui se met elle-même en question, se sait être. Et qu'est cela sinon moi-même, pas encore opposé, il est vrai, à toi, à lui, à nous ? Pourtant je ne suis pas l'être ; il y a en moi une dualité entre essence et être, et une dualité entre être et penser. Je sais que je suis, je cherche encore qui je suis. Eh bien, je suis « ici et maintenant » , c. à. d. je suis dans un ordre spatio-temporel, par mon corps, qui est donc ce qui m'exprime à moi-même, ma parole. Mais mon corps est originellement en commerce avec les êtres du monde, et j'ai le sentiment de cette situation par la perception et le comportement. En révélant le sens des êtres du monde, en leur donnant des noms de mon point de vue, je me nomme moi-même. En revenant sur la voie parcourue jusqu'ici, l'article démontre que ce n'est pas seulement mon monde que je nomme. Le « moi » de la certitude absolue est un « nous » pas encore détaillé. Et à l'intérieur de ce « nous » jaillit, par ta foi en moi, l'opposition communicative entre moi et toi, que j'expérimente surtout dans la corrélation de la voix et de l'ouïe. La parole fonde la communauté, puisqu'en exprimant mon être elle s'adresse à vous, et manifeste ainsi mon être comme « être-avec » . L'être même est infini, et donc communicabilité pure, et donc parole. Mais notre parole humaine n'est que participation déficiente de la communication immédiate qui serait l'identité de l'être, le connaître et l'aimer. Elle reste moyen, et donc succédané de l'immédiat, et donc ambigue. Notre dialogue doit se transcender dans l'inexprimable, dans le silence. La parole essentielle, la parole de l'amour, est pour les hommes la parole la plus dangereuse et la plus incertaine. Elle ne se prouve que par la fidélité. Mais tout ce que nous disons et faisons est destiné à devenir l'incarnation de cette parole. (shrink)

The EDPS Ethics Advisory Group (EAG) has carried out its work against the backdrop of two significant social-political moments: a growing interest in ethical issues, both in the public and in the private spheres and the imminent entry into force of the General Data Protection Regulation (GDPR) in May 2018. For some, this may nourish a perception that the work of the EAG represents a challenge to data protection professionals, particularly to lawyers in the field, as well as to companies (...) struggling to adapt their processes and routines to the requirements of the GDPR. What is the purpose of a report on digital ethics, if the GDPR already provides all regulatory requirements to protect European citizens with regard to the processing of their personal data? Does the existence of this EAG mean that a new normative ethics of data protection will be expected to fill regulatory gaps in data protection law with more flexible, and thus less easily enforceable ethical rules? Does the work of the EAG signal a weakening of the foundation of legal doctrine, such as the rule of law, the theory of justice, or the fundamental values supporting human rights, and a strengthening of a more cultural approach to data protection? Not at all. The reflections of the EAG contained in this report are not intended as the continuation of policy by other means. It neither supersedes nor supplements the law or the work of legal practitioners. Its aims and means are different. On the one hand, the report seeks to map and analyse current and future paradigm shifts which are characterised by a general shift from analogue experience of human life to a digital one. On the other hand, and in light of this shift, it seeks to re-evaluate our understanding of the fundamental values most crucial to the well-being of people, those taken for granted in a data-driven society and those most at risk. The objective of this report is thus not to generate definitive answers, nor to articulate new norms for present and future digital societies but to identify and describe the most crucial questions for the urgent conversation to come. This requires a conversation between legislators and data protection experts, but also society at large - because the issues identified in this report concern us all, not only as citizens but also as individuals. They concern us in our daily lives, whether at home or at work and there isn’t a place we could travel to where they would cease to concern us as members of the human species. (shrink)