Digital Commons Network^™

How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding

Brooklyn Journal of International Law

This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …

Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo

Brooklyn Journal of International Law

Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …

Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino

Brooklyn Journal of International Law

Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by …

Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno

Brooklyn Journal of International Law

As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that …

Sovereign Immunity For Russia's Rocket Engines? Enforcing The "Yukos" Award, Evan Drake

Brooklyn Journal of International Law

In 2003 Yukos Oil Company was once the largest oil company in Russia, and its oligarch CEO was Russia’s richest man. By 2007 Yukos had been dissolved, its CEO arrested, and its assets acquired by Russian state oil giants Rosneft and Gazprom. The fall of Yukos triggered what may be the largest arbitral dispute of all time. In 2014, the former shareholders of Yukos successfully won a $50 billion award against Russia for violations of the Energy Charter Treaty – by far the largest in history. Now the shareholders need to collect. This Note examines how Yukos could enforce its …

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …

#Losingthethread: Recognizing Assembly Rights In The New Public Forum, Liz Grefrath

Brooklyn Law Review

The specter of banishment from the vibrant public forum of social media to the empty streets and deserted sidewalks is a matter of increasing political, social, and cultural importance. Today, nearly every government official maintains a social media presence on Facebook or Twitter, generally to promote initiatives, share ideological positions, engage constituents, and tangle with critics. Privacy controls and content moderation tools, however, offer government officials tantalizing opportunities to discretely and effectively muffle disapproval, stifle dissent, and shield themselves from criticism on their public social media pages through “blocking” features. Courts are just starting to grapple with the First Amendment …

Social Responsibility Regulation And Its Challenges To Corporate Compliance, Stephen Kim Park

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article addresses the intersection of corporate social responsibility and corporate compliance. In this context, the focus of this Article is on regulation that seeks to enhance socially responsible corporate conduct and its implications for the compliance function. Social responsibility regulation raises operational concerns for companies, including problems associated with assessing social performance, the proliferation and fragmentation of legal obligations, and the contested nature of the social issues that it addresses. As laws mandating socially responsible corporate conduct continue to grow in number and expand in scope, corporations will increasingly need to acknowledge and respond to these challenges.

Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly

Brooklyn Journal of Corporate, Financial & Commercial Law

Over the course of five decades, American annual expenditure on pharmaceutical drugs has increased by more than $350 billion. This drastic increase has led many patients to struggle to afford their necessary, and potentially life-saving, medications. Today’s high pharmaceutical prices are largely due to the fact that name-brand drug manufacturers have few restrictions on how much they can charge for their products. Additionally, name-brand manufacturers are able to monopolize the manufacture of their drugs because patent laws prevent other manufacturers from using the formula of these drugs for two decades. To combat these high prices, this Note proposes a partnership …

Point-Of-Care Versus Central Testing Of Hemoglobin During Large Volume Blood Transfusion., Justin Herman, Brian Park, Bharat K. Awsare, Frances Mae West, Denine Crittendon, Lilah Evans, Mary Harach, Julie Karp, Alexis R. Peedin, Marianna Lanoue, Barbara Goldsmith, Eugene P. Warnick, Michael Baram

Division of Pulmonary, Allergy, and Critical Care Medicine Faculty Papers

BACKGROUND: Point-of-care (POC) hemoglobin testing has the potential to revolutionize massive transfusion strategies. No prior studies have compared POC and central laboratory testing of hemoglobin in patients undergoing massive transfusions.

METHODS: We retrospectively compared the results of our point-of-care hemoglobin test (EPOC®) to our core laboratory complete blood count (CBC) hemoglobin test (Sysmex XE-5000™) in patients undergoing massive transfusion protocols (MTP) for hemorrhage. One hundred seventy paired samples from 90 patients for whom MTP was activated were collected at a single, tertiary care hospital between 10/2011 and 10/2017. Patients had both an EPOC® and CBC hemoglobin performed within 30 min …

Comparing Sensitivity To Change Using The 6-Item Versus The 17-Item Hamilton Depression Rating Scale In The Guided Randomized Controlled Trial, Boadie W Dunlop, Sagar V Parikh, Anthony J Rothschild, Michael E Thase, Charles Debattista, Charles R Conway, Brent P Forester, Francis M Mondimore, Richard C Shelton, Matthew Macaluso, Jennifer Logan, Paul Traxler, James Li, Holly Johnson, John F Greden

Open Access Publications

BACKGROUND: Previous research suggests that the 17-item Hamilton Depression Rating Scale (HAM-D17) is less sensitive in detecting differences between active treatment and placebo for major depressive disorder (MDD) than is the HAM-D6 scale, which focuses on six core depression symptoms. Whether HAM-D6 shows greater sensitivity when comparing two active MDD treatment arms is unknown.

METHODS: This post hoc analysis used data from the intent-to-treat (ITT) cohort (N = 1541) of the Genomics Used to Improve DEpression Decisions (GUIDED) trial, a rater- and patient-blinded randomized controlled trial. GUIDED compared combinatorial pharmacogenomics-guided care with treatment as usual (TAU) in patients with MDD. …

Leonard Diepveen. Modernist Fraud: Hoax, Parody, Deception, Jayme Stayer

English: Faculty Publications and Other Works

Diepeveen has spent a considerable part of his career chasing after the tricky concept of intent, how authors or works signal it, and how interpretive communities respond to it. With his most recent book, he has brought a systematician’s rigour to the question of how modernism addresses, offends, or accounts for its various audiences. One of the most engaging elements of Modernist Fraud is how Diepeveen rescues authorial intention from the New Critical and Barthesian dustbins, revealing its centrality in the evaluation and understanding of art, in spite of its unpindownable nature. The paradox of intent is that its ‘evidentiary …

Molecular Serotype-Specific Identification Of Non-Type B Haemophilus Influenzae By Loop-Mediated Isothermal Amplification, Chika Takano, Yoko Kuramochi, Mitsuko Seki, Dong Wook Kim, Daisuke Omagari, Mari Sasano, Bin Chang, Makoto Ohnishi, Eun Jin Kim, Kazumasa Fuwa, Paul E. Kilgore, Tomonori Hoshino, Satoshi Hayakawa

Department of Pharmacy Practice

In children, the incidence of pneumococcal meningitis has decreased since the introduction of pneumococcal conjugate vaccine (PCV7 and PCV13). However, since the introduction of the vaccine, developed countries have seen the emergence of non-PCV13 serotypes. However, invasive pneumococcal disease (IPD) caused by PCV13-targeted serotypes still represents an important public health problem in resource-limited countries. To develop a rapid, simple, and cost-effective assay to detect serotypes of Streptococcus pneumoniae, we developed a novel loop-mediated isothermal amplification (LAMP) assay based on the sequences available for the 13 capsular types that are included in PCV13: 1, 3, 4, 5, 6 A, 6B, …

The Women Against Violence Experiment (W.A.V.E.): Social Journalism Solutions To Help Immigrant Women Protect Themselves Against Abuse, Isadora Varejao

Capstones

The Women Against Violence Experiment (W.A.V.E.) is the product of a yearlong investigation about information gaps in New York’s Latina immigrant community. I interviewed two Brazilian-American immigration attorneys serving the Brazilian community and several Brazilian women living in New York, including victims and survivors of domestic violence, and found that immigrant women have little or no knowledge about the different forms of abuse to which they are vulnerable. No matter who perpetrates the abuse -- a partner, a boss, a landlord -- women don’t know about the resources available to protect their rights, such as free services and U.S. legislation. …

Randy Raymond

African American Funeral Programs

No abstract provided.

Did The Adoption Of Ifrs Affect Corporate Tax Avoidance?, Oliver Nnamdi Okafor, Akinloye Akindayomi, Hussein Warsame

School of Economics and Finance Faculty Publications

This article investigates whether the adoption of international financial reporting standards (IFRS) affected corporate tax avoidance in Canada. Based on a 3,200 firm-year data set of 400 publicly listed Canadian firms that adopted IFRS and 400 listed US firms, matched one-to-one using propensity score matching, the authors’ regression results show that IFRS adoption was followed by a decrease in corporate tax avoidance in Canada, at least in the short run. The study finds a significant increase in cash tax paid in the post-adoption period by Canadian firms that adopted IFRS compared to US firms that used US generally accepted accounting …

Defining Art Aesthetically : A Revision Of Iseminger's New Aestheticism, Yeung Yu

Lingnan Theses (MPhil & PhD)

My thesis attempts to provide an aesthetic definition of art.

The thesis is divided into three parts. The first part is a summary of the different attempts in defining art in contemporary analytic philosophy, beginning with a discussion of Morris Weitz’s famous paper “The Role of Theory in Aesthetics”, in which he appealed to Wittgenstein’s “family resemblance” idea while rejecting traditional essential definitions. His attempt has led to the appearance of contemporary essential definitions, whereby art is defined through different relational properties. This is followed by a critically review on Weitz’s claims and those definitions.

The second part focuses on …

Convenience Theory Of Cryptocurrency Crime: A Content Analysis Of U.S. Federal Court Decisions, Claire Nolasco Braaten, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

This article examines cryptocurrency cases decided in the U.S. District and Circuit Courts to determine the applicability of Gottschalk’s convenience theory of white collar crime to cryptocurrency crime litigation and to empirically analyze whether the conditions under which cryptocurrency offenses occurred show support for the convenience theory. Analysis of U.S. federal district and circuit court case law involving cryptocurrency crimes and fraud indicate support for the convenience theory of white-collar crime. Defendants in various schemes were motivated by financial gain, either for the company or for personal use. Their roles and positions in the businesses allowed them access to resources …

Professionalism And Leadership In Medical Education: How Do They Differ And How Are They Related?, Lj Hardy, H Neve

Peninsula Medical School

It is widely accepted that both professionalism and leadership are important in medicine, and in recent years have been defined and mandated by the General Medical Council (GMC 2016, 2017, 2018). Yet the definitions of each are complex, vary between cultures and will almost certainly continue to be debated. Both are social constructs and there is undoubtedly a close association and significant overlap between the two. So how do we see the relationship between ‘professionalism’ and ‘leadership’? Are they identical twins, sharing DNA which makes it impossible to differentiate between them in anything but name? Or siblings who share some …

Rochdale Village, Inc V. Richard

All Decisions

No abstract provided.

Patient Safety Escape Room: A Graduate Medical Education Simulation For Event Reporting., Gretchen Diemer, Rebecca Jaffe, Dimitrios Papanagnou, Xiao Chi Zhang, Jillian Zavodnick

Department of Emergency Medicine Faculty Papers

Introduction: Although residents are on the front lines of patient care, they enter few formal patient safety reports on the adverse events and near misses they witness. Demonstrating the rationale and mechanics of reporting may improve this.

Methods: We designed and implemented an escape room patient safety simulation to incorporate active learning, gamification, and adult learning theory into intern patient safety onboarding. Interns from all sponsoring institution programs participated, identifying, mitigating, and reporting a range of patient safety hazards. Props and faculty time were the major resources required.

Results: One hundred twenty interns participated in this simulation in June 2018. …

Perceptions Of Isolation During Facility Births In Haiti- A Qualitative Study, Alka Dev, Chelsey Kivland, Mikerlyne Faustin, Olivia Turnier, Tatiana Bell, Marie Denise Leger

Dartmouth Scholarship

Background: Haiti's maternal mortality, stillbirth, and neonatal mortality rates are the highest in Latin America and the Caribbean. Despite inherent risks, the majority of women still deliver at home without supervision from a skilled birth attendant. The purpose of this study was to elucidate factors driving this decision. Methods: We conducted six focus group discussions with women living in urban (N = 14) or rural (N = 17) areas and asked them questions pertaining to their reasons for delivering at a facility or at home, perceptions of staff at the health facility, experiences with or knowledge of facility or home …

Scientometric Study Of Research Literature Output By Madras Medical College During 1989 -2018, Janarthanan Pichai, Nithyanandam Kannan Dr

Library Philosophy and Practice (e-journal)

Madras Medical College is the one of well-known premier medical institution, situated in Chennai. The data was collected using PubMed database during 1989-2018, there are 646 Publications were found. Analyzed for year wise growth shows 53(8.20%) Publications found during 1989-1993 and Highest 283(43.81%) Publication found during 2014-2018 Authorship pattern shows single author have contributed 35(5.42%), multi author have contributed 611 articles, the mean relative growth rate is 0.0835 and mean doubling time is 14.65. Prolific contributed authors rank 1 occupied by Anand Chockalingam contributed 14(2.16%), 2^nd by N, Deivanayagam contributed 13(2.01%),3^rd by Ottilingam Somasundaram contributed 12(1.86%). The mean …

Bibliometric Study Of The Journal Of New Marketing Research, Mozaffar Cheshmehsohrabi, Reza Dehkhodaei

Library Philosophy and Practice (e-journal)

The objective here is first, to analyze the components of the trends of publishing, topics, methodology, authors status and references to the articles of the subject journal; and, next, to compare the content and structure of this journal with the criteria of new regulations on determining the credibility of the Iranian scientific journals. This study is run through a quantitative content analysis and evaluative methods. The statistical population consists of 372 published articles between 2011 and 2018. The findings reveal that the highest count of articles published in a year with a frequency of 80 is 2014 (21.4%). In …

Intelligent Sim Switching In A Multi-Sim Computing Device, Shivank Nayak, Sooraj Sasindran, Jayachandran Chinnakkannu

Defensive Publications Series

A system is described that enables a computing device (e.g., a mobile phone, a tablet computer, a laptop computer, etc.) to intelligently determine whether to move a data connection from a default data subscriber identity module (DDS) to a non-default data subscriber identity module (non-DDS) when initiating a voice call or during an on-going voice call on the non-DDS in a multiple subscriber identity module (multi-SIM) computing device based on a current state of the computing device. The current state of the computing device may be determined based on various contextual signals, including data usage for each application on the …

To 13(B) Or Not To Be? How The Seventh Circuit’S Narrow Interpretation Of Remedies Under Section 13(B) Of The Ftc Act Leaves The Ftc Vulnerable, Jamie N. Noonan

Seventh Circuit Review

The Federal Trade Commission (“FTC”) has been the most efficient regulator of commerce for over a century. It serves as the primary line of defense against anticompetitive, deceptive, and unfair business practices. Between July 2017 and July 2018 alone the FTC obtained a total of 114 court orders totaling $563 million and led refund programs that delivered $2.3 billion in refunds to wronged customers. To continue obtaining such results and ensuring a fair marketplace, the FTC requires a broad range of enforcement powers. But key FTC enforcement powers under Section 13(b) of the FTC Act—the primary provision that the FTC …

Exposing The Unconstitutionality Of The Illinois Firearm Concealed Carry Act, Adam J. Share

Seventh Circuit Review

While the right to bear arms may be controversial, it is nonetheless provided by the Second Amendment to the United States Constitution. States are lawfully able to limit people’s right to bear arms to an extent but must not go so far where a State’s limits ultimately infringe upon that right. The Seventh Circuit in Culp v. Raoul pushed the limits to which a State may restrict a person’s Second Amendment right. In Culp, the court determined whether the Illinois Firearm Concealed Carry Act was constitutional. The Illinois Firearm Concealed Carry prohibits nonresidents from applying for an Illinois concealed …

Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild

Seventh Circuit Review

The rise in sexual misconduct awareness campaigns, particularly on college campuses, has brought a traditionally-taboo subject to the fore of national discourse. Accordingly, the federal government has required public institutions of higher education to respond aggressively to accusations of sexual misconduct by expanding the reach of Title IX’s prohibition on sex discrimination and relaxing adjudicative procedures. To enforce these changes, the U.S. Department of Education threatened to withdraw federal funding from institutions that failed to comply with its mandates after engaging in public investigations, therefore resulting in financial and reputational ruin. This aggressive practice has resulted in a systematic and …