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2014

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Educational Policy Decisions Effect Upon Same-Gender Public Education, Richard Gerard Catoire Jan 2014

Educational Policy Decisions Effect Upon Same-Gender Public Education, Richard Gerard Catoire

Educational Leadership & Workforce Development Theses & Dissertations

The No Child Left Behind (NCLB) Act of 2001, with emphasis on greater choice and flexibility for parents and students in public education, to include the provision for same-gender public schools and classrooms, led to a resurgence in same-gender public education in the United States. With the results of the research on same-gender education presenting conflicting evidence and mixed-perspectives on the outcomes of same-gender education in improving academic achievement or attainment, there are still questions to be answered, not only to the effectiveness of same-gender education, but also to policy decisions to establish same-gender public education programs. While proponents of …


Preparing School Leaders To Advocate For Social Justice: A Case Analysis Of Social Justice Tenets In A Leadership Preparation Program, Jessica Costa Jan 2014

Preparing School Leaders To Advocate For Social Justice: A Case Analysis Of Social Justice Tenets In A Leadership Preparation Program, Jessica Costa

Educational Leadership & Workforce Development Theses & Dissertations

School leadership preparation for social justice is a pressing concern in an era of achievement gaps and a rapidly increasing population of largely marginalized students: English learners. This case study explored how one university leadership preparation program infused social justice tenets into the training. Following a qualitative methodology, data collection focused on documents, interviews, and class observations. In recent years, critical race theory (CRT) has garnered much attention in education scholarship as a way to examine racialized practices and social injustices that persist in U.S. schooling. This study used CRT as a basis for the theoretical framework and interpretive lens …


The Effect Of Self-Regulated Learning Strategy Training And Question Generation On Metacognitive Awareness And Achievement Among College Students Enrolled In Science Courses, Derrick L. Wilkins Jan 2014

The Effect Of Self-Regulated Learning Strategy Training And Question Generation On Metacognitive Awareness And Achievement Among College Students Enrolled In Science Courses, Derrick L. Wilkins

STEMPS Theses & Dissertations

Transitioning from high school students to college students can be a difficult task for students who do not know how to regulate their own study processes. Literature in the areas of metacognition, self-regulated learning (SRL), and question generation suggest a correlation between metacognitive awareness, SRL, and achievement. The present study was guided by efforts to improve college students' achievement by promoting generative learning strategies and metacognitive awareness. Fifty-one undergraduate students enrolled in a general education biology course at a southeastern university participated in this three-week experimental study. The researcher used the Metacognitive Self-Regulation Scale of the Motivated Strategies for Learning …


High School Engineering/Technology Education Course Impact On Georgia Standardized Achievement Scores, Rodney N. Ragsdale Jan 2014

High School Engineering/Technology Education Course Impact On Georgia Standardized Achievement Scores, Rodney N. Ragsdale

STEMPS Theses & Dissertations

This research explores whether a student completing a two course sequence in engineering/technology education is more successful on the Georgia High School Graduation Test (GHSGT) assessments in mathematics, science, social studies, and English/language arts. The findings provide additional insight into whether the current focus on STEM subjects (science, technology, engineering, and mathematics) could also improve student achievement in core academic areas. Student data were provided through the Georgia Department of Education database, from all public high schools in Georgia where engineering/technology education courses are taught. The school sizes ranged from the largest schools in the state (student population greater than …


Enhancing Understanding Of Discrete Event Simulation Models Through Analysis, Kara Ann Olson Jan 2014

Enhancing Understanding Of Discrete Event Simulation Models Through Analysis, Kara Ann Olson

Computer Science Theses & Dissertations

Simulation is used increasingly throughout research, development, and planning for many purposes. While model output is often the primary interest, insights gained through the simulation process can also be valuable. Insights can come from building and validating the model as well as analyzing its behaviors and output; however, much that could be informative may not be easily discernible through these existing traditional approaches, particularly as models continue to increase in complexity.

This research extends current work in model analysis and program understanding to assist modelers in obtaining more insight into their models and the systems they represent. A primary technique …


Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz Jan 2014

Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz

Articles

Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on the differences in their risk profiles, first, so that different premiums can be charged to the different groups based on their differing risks and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are limits, however, to the types of discrimination that are permissible for insurers. But what exactly are those limits and how are they justified? To answer these questions, this Article (a) articulates the leading fairness and efficiency arguments for and against limiting …


Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples Jan 2014

Clinical Collaborations: Going Global To Advance Social Entrepreneurship, Deborah Burand, Susan R. Jones, Jonathan Ng, Alicia E. Plerhoples

Articles

In the summer of 2012, transactional law clinics from three U.S. law schools: George Washington University; Georgetown University; and the University of Michigan launched a collaboration to serve a common client — Ashoka, a global nonprofit organization that supports close to 3,000 social entrepreneurs across 76 countries. While clinic collaborations within universities happen occasionally, clinic collaborations across universities are unusual. This essay focuses on the motivations, operations, lessons, and next steps of this cross-university, clinical collaboration aimed at advancing social entrepreneurship globally. Specifically, this essay examines why the collaboration was launched, how the collaboration is structured, what the collaboration offers …


Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen Jan 2014

Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen

Faculty Scholarship

This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado’s recent legalization of marijuana as a case study, it shows how two such attributes – an autonomous realm of state action and independent state officials with distinctive interests – can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the …


Clinical And Biochemical Characteristics Of Children With Juvenile Idiopathic Arthritis, Shakeel Ahmed, Syed Rehan Ali, Sidra Ishaque, Nabil Sami Jan 2014

Clinical And Biochemical Characteristics Of Children With Juvenile Idiopathic Arthritis, Shakeel Ahmed, Syed Rehan Ali, Sidra Ishaque, Nabil Sami

Department of Paediatrics and Child Health

Objective: To determine the clinical and biochemical characteristics of children with Juvenile Idiopathic Arthritis (JIA) at a tertiary care centre in Karachi, Pakistan.

Study Design: A descriptive study.

Place and Duration of Study: Paediatric Rheumatology Clinic of The Aga Khan University Hospital (AKUH), Karachi, from January 2008 to December 2011.

Methodology: Clinical and laboratory profile and outcome of children less than 15 years of age attending the Paediatric Rheumatology Clinic of the Aga Khan University, Karachi with the diagnosis of Juvenile Idiopathic Arthritis according to International League against Rheumatism were studied. These children were classified into different types of JIA; …


Acute Cerebellitis With Hydrocephalus, Nida Amjad, Anwarul Haque, Khalid Ahmed Jan 2014

Acute Cerebellitis With Hydrocephalus, Nida Amjad, Anwarul Haque, Khalid Ahmed

Department of Paediatrics and Child Health

We report a case of an 8 years old child who presented with sudden onset of headache and vomiting. He had broad-based gait and intention tremors on admission. MRI brain revealed isointense signals on T1-weighted imaging and hyperintense signals on T2-weighted imaging. Cerebellar swelling was also identified with significant mass effect obliterating the fourth ventricle. CT head showed prominent third and lateral ventricles. He was treated with high dose corticosteroids and required an external ventricular drain (EVD) insertion. He made an uneventful recovery and suffered no neurologic deficit. The clinical and radiologic findings in this boy were consistent with cerebellitis …


Posterior Mediastinal Branchial Cleft Cyst: An Unusual Site, Abdul Rashid, Vaqas Ahmad, Saqib Qazi, Abdul Gaffar Billoo, Sajida Rashid, Ali Faisal Saleem Jan 2014

Posterior Mediastinal Branchial Cleft Cyst: An Unusual Site, Abdul Rashid, Vaqas Ahmad, Saqib Qazi, Abdul Gaffar Billoo, Sajida Rashid, Ali Faisal Saleem

Department of Paediatrics and Child Health

A two and a half year old Kenyan girl presented with recurrent chest infections and difficulty in swallowing. Her clinical and laboratory workup was suggestive of lower respiratory tract infection for which she received a course of antibiotics; however, she remains symptomatic after the management of her suspected diagnosis. Therefore, further radiological workup including a chest CT scan and barium study were performed. This showed a homogeneous mass surrounded by ascending and descending aorta in the posterior mediastinum that was compressing the middle esophagus. She had a posterolateral thoracotomy which revealed a cystic mass with smooth surfaces (5x5 cm) in …


Early Recovery In Post Varicella Transverse Myelitis, Prem Chand, Shahnaz Brahim, Syed Sohail Zaidi, Nida Amjad Jan 2014

Early Recovery In Post Varicella Transverse Myelitis, Prem Chand, Shahnaz Brahim, Syed Sohail Zaidi, Nida Amjad

Department of Paediatrics and Child Health

A two and a half year old Kenyan girl presented with recurrent chest infections and difficulty in swallowing. Her clinical and laboratory workup was suggestive of lower respiratory tract infection for which she received a course of antibiotics; however, she remains symptomatic after the management of her suspected diagnosis. Therefore, further radiological workup including a chest CT scan and barium study were performed. This showed a homogeneous mass surrounded by ascending and descending aorta in the posterior mediastinum that was compressing the middle esophagus. She had a posterolateral thoracotomy which revealed a cystic mass with smooth surfaces (5 x 5 …


Thermal Tuning Of Mems Buckled Membrane Actuator Stiffness, Robert A. Lake, Kyle K. Ziegler, Ronald A. Coutu Jr. Jan 2014

Thermal Tuning Of Mems Buckled Membrane Actuator Stiffness, Robert A. Lake, Kyle K. Ziegler, Ronald A. Coutu Jr.

Electrical and Computer Engineering Faculty Research and Publications

The thermal tuning characteristics of a microelectromechanical systems (MEMS) buckled membrane exhibiting regions of both positive and negative stiffness is examined and analyzed using finite element method (FEM) simulation and through experimentation. The membranes are fabricated by releasing a silicon/silicon dioxide (Si/SiO2) laminated membrane from a silicon on insulator (SOI) wafer. The difference in thermal expansion coefficients between Si and SiO2 induces a compressive stress in the SiO2 layer causing out-of-plane buckling of the membrane. This structure is found to have positive and negative stiffness regions when actuated with a transverse force. It is demonstrated that the …


Immune Responses To Vi Capsular Polysaccharide Typhoid Vaccine In Children 2 To 16 Years Old In Karachi, Pakistan, And Kolkata, India, R. Leon Ochiai, M. Imran Khan, Sajid B. Soofi, Dipika Sur, Suman Kanungo, Young Ae You, Atif Habib, Shah Muhammad Sahito, Byomkesh Manna, Camilo J. Acosta, Mohammad Ali, Sujit K. Bhattacharya, Zulfiqar A. Bhutta, John D. Clemens Jan 2014

Immune Responses To Vi Capsular Polysaccharide Typhoid Vaccine In Children 2 To 16 Years Old In Karachi, Pakistan, And Kolkata, India, R. Leon Ochiai, M. Imran Khan, Sajid B. Soofi, Dipika Sur, Suman Kanungo, Young Ae You, Atif Habib, Shah Muhammad Sahito, Byomkesh Manna, Camilo J. Acosta, Mohammad Ali, Sujit K. Bhattacharya, Zulfiqar A. Bhutta, John D. Clemens

Department of Paediatrics and Child Health

The geometric mean concentration (GMC) and the proportion maintaining a protective level (150 enzyme-linked immunosorbent assay (ELISA) units [ELU]/ml) 2 years following a single dose of 25 μg of injectable Vi capsular polysaccharide typhoid vaccine was measured against that of the control hepatitis A vaccine in children 2 to 16 years old in cluster randomized trials in Karachi and Kolkata. The GMC for the Vi group (1,428 ELU/ml) was statistically significantly different from the GMC of the control hepatitis A vaccine group (86 ELU/ml) after 6 weeks. A total of 117 children (95.1%) in the Vi group and 9 (7.5%) …


Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw Jan 2014

Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw

Articles

In Citizens United v. FEC, the Supreme Court swept away long-standing limits on corporate spending in federal elections, but it also strongly affirmed the constitutionality of robust disclosure and disclaimer requirements. In the wake of that decision, many proponents of campaign finance regulation have turned their attention to disclosure as the best remaining mechanism by which to regulate money in elections. At the same time, opponents of campaign finance regulation — including the legal team behind Citizens United — have trained their sights on disclosure, filing new challenges to existing disclosure require- ments in a number of state or federal …


Why The Buffett-Gates Giving Pledge Requires Limitation Of The Estate Tax Charitable Deduction, Edward A. Zelinsky Jan 2014

Why The Buffett-Gates Giving Pledge Requires Limitation Of The Estate Tax Charitable Deduction, Edward A. Zelinsky

Articles

The Buffett-Gates Giving Pledge, under which wealthy individuals promise to leave a majority of their assets to charity, is an admirable effort to encourage philanthropy. However, the Pledge requires us to confront the paradox that the federal estate tax charitable deduction is unlimited while the federal income tax charitable deduction is capped. If a Giving Pledger leaves his wealth to charity, the federal fisc loses significant revenue since the Pledger thereby avoids federal estate taxation as charitable bequests are deductible without limit for federal estate tax purposes. Despite its laudable qualities, the Giving Pledge is a systematic (albeit inadvertent) threat …


Apportioning State Personal Income Taxes To Eliminate The Double Taxation Of Dual Residents: Thoughts Provoked By The Proposed Minnesota Snowbird Tax, Edward A. Zelinsky Jan 2014

Apportioning State Personal Income Taxes To Eliminate The Double Taxation Of Dual Residents: Thoughts Provoked By The Proposed Minnesota Snowbird Tax, Edward A. Zelinsky

Articles

As a matter of both tax policy and constitutional law, it is time to apportion state personal income taxes to eliminate the double taxation of dual residents. Individuals who, for income tax purposes, are residents are two or more states should be taxed along the lines recently proposed by Minnesota Governor Mark Dayton for “snowbirds”: As to income with respect to which a state has source jurisdiction, that state should tax such income. As to income which two or more states tax only on the basis of residence, such states should apportion, based on the dual resident’s relative presence in …


International Criminal Trials And The Disqualification Of Judges On The Basis Of Nationality, Milan Markovic Jan 2014

International Criminal Trials And The Disqualification Of Judges On The Basis Of Nationality, Milan Markovic

Faculty Scholarship

Judges who sit on the International Criminal Court (“ICC”) and other international criminal tribunals (“ICTs”) are nationals of particular states and are elected to serve largely on the basis of nationality. Since the advent of the Nuremberg Tribunal, however, ICTs have perpetuated the notion that national identity is irrelevant to a judge’s performance of his or her duties.

This Article will contend that judges at the ICC and other ICTs should not preside over trials concerning crimes allegedly committed by or against their fellow nationals. Judges should also consider recusing themselves from cases that strongly implicate the interests of their …


The Aftermath Of Hobby Lobby: Hsas And Hras As The Least Restrictive Means, Edward A. Zelinsky Jan 2014

The Aftermath Of Hobby Lobby: Hsas And Hras As The Least Restrictive Means, Edward A. Zelinsky

Articles

In Burwell v. Hobby Lobby Stores, Inc., the United States Supreme Court held that the Religious Freedom Restoration Act of 1993 (RFRA) does not require closely-held corporations’ employer-sponsored medical plans to provide forms of contraception that shareholders of such corporations object to on religious grounds. The question now raised is how the President, Congress, and the departments of Health and Human Services (HHS), Treasury and Labor, ought to respond to the Hobby Lobby decision.


A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich Jan 2014

A Proposal To Withhold Divorce Decrees On Grounds Of Equity, J. David Bleich

Articles

Throughout the medieval period, marriage was acknowledged by temporal rulers to be a religious matter governed by the ecclesiastic law of the Church which, to be sure, incorporated many principles of Roman law. Subsequent to the Reformation, the rulers of many European countries became disposed to regard marriage as a civil act, to withdraw marriage from the control of the church and to entrust it entirely to the state. The Napoleonic Code was the first example of a legal system that treated marriage as a purely civil act. The Napoleonic Code did not deny the religious element present in marriage …


Community-Based Interventions For The Prevention And Control Of Helmintic Neglected Tropical Diseases, Rehana A. Salam, Hasina Maredia, Jai K. Das, Zohra S. Lassi, Zulfiqar A. Bhutta Jan 2014

Community-Based Interventions For The Prevention And Control Of Helmintic Neglected Tropical Diseases, Rehana A. Salam, Hasina Maredia, Jai K. Das, Zohra S. Lassi, Zulfiqar A. Bhutta

Department of Paediatrics and Child Health

In this paper, we aim to systematically analyze the effectiveness of community-based interventions (CBIs) for the prevention and control of helminthiasis including soil-transmitted helminthiasis (STH) (ascariasis, hookworms, and trichuriasis), lymphatic filariasis, onchocerciasis, dracunculiasis, and schistosomiasis. We systematically reviewed literature published before May 2013 and included 32 studies in this review. Findings from the meta-analysis suggest that CBIs are effective in reducing the prevalence of STH (RR: 0.45, 95% CI: 0.38, 0.54), schistosomiasis (RR: 0.40, 95% CI: 0.33, 0.50), and STH intensity (SMD: -3.16, 95 CI: -4.28, -2.04). They are also effective in improving mean hemoglobin (SMD: 0.34, 95% CI: 0.20, …


Pneumococcal Serotypes And Serogroups Causing Invasive Disease In Pakistan, 2005-2013, Sadia Shakoor, Furqan Kabir, Asif R. Khowaja, Shahida M. Qureshi, Fyezah Jehan, Farah Qamar, Cynthia G. Whitney, Anita K M Zaidi Jan 2014

Pneumococcal Serotypes And Serogroups Causing Invasive Disease In Pakistan, 2005-2013, Sadia Shakoor, Furqan Kabir, Asif R. Khowaja, Shahida M. Qureshi, Fyezah Jehan, Farah Qamar, Cynthia G. Whitney, Anita K M Zaidi

Department of Paediatrics and Child Health

While pneumococcal conjugate vaccines have been implemented in most countries worldwide, use in Asia has lagged in part because of a lack of data on the amount of disease that is vaccine preventable in the region. We describe pneumococcal serotypes elicited from 111 episodes of invasive pneumococcal disease (IPD) from 2005 to 2013 among children and adults in Pakistan. Seventy-three percent (n = 81) of 111 IPD episodes were cases of meningitis (n = 76 in children 0-15 years and n = 5 among adults). Serotypes were determined by target amplification of DNA extracted from pneumococcal isolates (n = 52) …


The Conceptual Framework And Assessment Methodology For The Systematic Reviews Of Community-Based Interventions For The Prevention And Control Of Infectious Diseases Of Poverty, Zohra S. Lassi, Rehana A. Salam, Jai K. Das, Zulfiqar A. Bhutta Jan 2014

The Conceptual Framework And Assessment Methodology For The Systematic Reviews Of Community-Based Interventions For The Prevention And Control Of Infectious Diseases Of Poverty, Zohra S. Lassi, Rehana A. Salam, Jai K. Das, Zulfiqar A. Bhutta

Department of Paediatrics and Child Health

This paper describes the conceptual framework and the methodology used to guide the systematic reviews of community-based interventions (CBIs) for the prevention and control of infectious diseases of poverty (IDoP). We adapted the conceptual framework from the 3ie work on the 'Community-Based Intervention Packages for Preventing Maternal Morbidity and Mortality and Improving Neonatal Outcomes' to aid in the analyzing of the existing CBIs for IDoP. The conceptual framework revolves around objectives, inputs, processes, outputs, outcomes, and impacts showing the theoretical linkages between the delivery of the interventions targeting these diseases through various community delivery platforms and the consequent health impacts. …


Foreword: A Tribute To Margaret Montoya, Rachel F. Moran Jan 2014

Foreword: A Tribute To Margaret Montoya, Rachel F. Moran

Faculty Scholarship

Dean Moran provides opening remarks to the Chicana/o-Latina/o Law Review symposium, "Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia."


Impact Of Community-Based Interventions On Hiv Knowledge, Attitudes And Transmission, Rehana A. Salam, Sarah Haroon, Hashim H. Ahmed, Jai K. Das, Zulfiqar A. Bhutta Jan 2014

Impact Of Community-Based Interventions On Hiv Knowledge, Attitudes And Transmission, Rehana A. Salam, Sarah Haroon, Hashim H. Ahmed, Jai K. Das, Zulfiqar A. Bhutta

Department of Paediatrics and Child Health

In 2012, an estimated 35.3 million people lived with HIV, while approximately two million new HIV infections were reported. Community-based interventions (CBIs) for the prevention and control of HIV allow increased access and ease availability of medical care to population at risk, or already infected with, HIV. This paper evaluates the impact of CBIs on HIV knowledge, attitudes, and transmission. We included 39 studies on educational activities, counseling sessions, home visits, mentoring, women's groups, peer leadership, and street outreach activities in community settings that aimed to increase awareness on HIV/AIDS risk factors and ensure treatment adherence. Our review findings suggest …


Impact Of Community-Based Interventions For The Prevention And Control Of Malaria On Intervention Coverage And Health Outcomes For The Prevention And Control Of Malaria, Rehana A. Salam, Jai K. Das, Zohra S. Lassi, Zulfiqar A. Bhutta Jan 2014

Impact Of Community-Based Interventions For The Prevention And Control Of Malaria On Intervention Coverage And Health Outcomes For The Prevention And Control Of Malaria, Rehana A. Salam, Jai K. Das, Zohra S. Lassi, Zulfiqar A. Bhutta

Department of Paediatrics and Child Health

In this paper, we aim to evaluate the effectiveness of community-based interventions (CBIs) for the prevention and management of malaria. We conducted a systematic review and identified 42 studies for inclusion. Twenty-five of the included studies evaluated the impact of the community-based distribution of insecticide-treated nets (ITNs), indoor residual spraying (IRS), or impregnated bed sheets; 14 studies evaluated intermittent preventive therapy (IPT) delivered in community settings; two studies focused on community-based education for malaria prevention; and one study evaluated environmental management through drain cleaning. Our analysis suggests that, overall, the community-based delivery of interventions to prevent and control malaria resulted …


Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein Jan 2014

Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein

Articles

A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead …


The Trials Of Clinical Education, Jonathan H. Oberman, Ekow N. Yankah Jan 2014

The Trials Of Clinical Education, Jonathan H. Oberman, Ekow N. Yankah

Articles

No abstract provided.


It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce Jan 2014

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce

Faculty Scholarship

In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntarily withdrew the prescription pain-killer after a clinical study suggested that the drug increased the risk of heart attack and stroke. But in that relatively short time, an estimated 20 million Americans had already taken the drug. By late 2007, Merck announced it would pay $4.85 billion — the largest drug settlement ever — in “global settlements” for Vioxx-related claims. These settlements ultimately included roughly 47,000 individual lawsuits and about 265 potential class actions, but the Vioxx settlements were far from global.

In 2012, a purported parallel …


Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert Jan 2014

Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert

Articles

Courts and legislatures often conflate merit-less and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining merit-less and frivolous litigation. The prevailing wisdom is that eliminating merit-less and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …