First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

The pushmi-pullyu representation is a non-conjunctive representation with both descriptive and directive contents. Introduced by Millikan, the PPR is supposed to aid in explaining how organisms adapt behavior to environmental variance in the absence of intermediate inference. Until recently, it has led an uncontroversial theoretical life. However, Artiga has suggested that the PPR postulate conflicts with Millikan-style teleosemantics and, as a consequence, the PPR postulate should probably be set aside. I suggest here that the theoretical motivations for the PPR are (...) independent of any specific theory of naturalized content. If Artiga is right about the PPR’s incompatibility with Millikan-style teleosemantics, then that only reveals the inadequacy of Millikan-style teleosemantics. The PPR has a clear role to play in explaining the primitive systems that dominate the biosphere. However, Millikan did not want to limit the explanatory utility of the PPR to primitive systems but suggested that it has explanatory work to play in the animal signaling of complex organisms, Gibsonian affordances, as well as with distinctively human mental life and language. Contra Millikan, I suggest that the PPR has no or at best a very limited explanatory role to play in such cases. Further, the non-inferential feature of the PPR suggests that it should be understood at best as a marginal or borderline representation. (shrink)

Teleosemantics is the view that semantic classification is a species of functional classification. While it is plausible, I think, that there are semantic functions in the natural world, I want to suggest that not all semantic states are functional. An assumption commonly endorsed by the teleosemantist is that there is a distinction between accidental or incidental contributory effects and functions. However, endorsing that distinction, I will suggest, implies the theoretical possibility of nonfunctional semantics. In fact, plant-to-plant signaling might be an (...) actual instance of that theoretical possibility. (shrink)

We report the results of a vignette study with an online sample of the German adult population in which we analyze the interplay between need, equity, and accountability in third-party distribution decisions. We asked participants to divide firewood between two hypothetical persons who either differ in their need for heat or in their productivity in terms of their ability to chop wood. The study systematically varies the persons’ accountability for their neediness as well as for their productivity. We find that (...) participants distribute significantly fewer logs of wood to persons who are held accountable for their disadvantage. Independently of being held accountable or not, the needier person is partially compensated with a share of logs that exceeds her contribution, while the person who contributes less is given a share of logs smaller than her need share. Moreover, there is a domain effect in terms of participants being more sensitive to lower contributions than to greater need. (shrink)

Conspiracy theories (CTs) are widespread ways by which people make sense of unsettling or disturbing cultural events. Belief in CTs is often connected to problematic consequences, such as decreased engagement with conventional political action or even political extremism, so understanding the psychological and social qualities of CTs belief is important. CTs have often been understood to be “monological”, displaying the tendency for belief in one conspiracy theory to be correlated with belief in (many) others. Explanations of monologicality invoke a nomothetical (...) or “closed” mindset whereby mutually supporting beliefs based on mistrust of official explanations are used to interpret public events as conspiracies, independent of the facts about those events (which they may ignore or deny). But research on monologicality offers little discussion of the content of monological beliefs and reasoning from the standpoint of the CT believers. This is due in part to the “access problem” (Wood & Douglas, 2015): CT believers are averse to being researched because they often distrust researchers and what they appear to represent. We used several strategies to address the access problem, and investigated the symbolic resources underlying CTs by reconstructing a conspiracy worldview - a set of beliefs held by CT believers about important dimensions of ontology, epistemology, and human agency. To do this, we analysed media documents, conducted field observation, and engaged in semi-structured interviews,. We describe six main dimensions of a conspiracy worldview: Views of the nature of reality, the self, the outgroup, the ingroup, action, and the future. We also describe a typology of five types of CT believers, which vary according to their positions on each of these dimensions. Our findings converge with prior explorations of CT beliefs but also revealed novel aspects: A sense of community among CT believers, a highly differentiated representation of the outgroup, a personal journey of conversion, variegated kinds of political action, and optimistic belief in future change. These findings are at odds with the typical image of monological CT believers as paranoid, cynical, anomic and irrational. For many, the CT worldview may rather constitute the ideological underpinning of a nascent pre-figurative social movement. (shrink)

Needs play a key role in many fields of social sciences and humanities, ranging from normative theories of distributive justice to conceptions of the welfare state. Over time, different conceptions of what counts as a need (i. e., what is considered a normatively relevant need) have been proposed. Many of them include (in one way or the other) needs for survival, decency, belonging, and autonomy. Little work has been done on how these kinds of needs are evaluated in terms of (...) their significance for distributive justice. To begin closing this gap, we investigate the role of the four aforementioned kinds of needs for impartial observers. We do so in two empirical studies. The first study asks participants to evaluate the importance of each of the four kinds of needs separately. We find that different levels of importance are attributed to the kinds of needs, which places them in a hierarchy. The second study asks participants to make distributive decisions. Results further support the hierarchy found in the first study and, additionally, reveal that participants tend to make coherent allocation decisions. (shrink)

The dominant view in teleosemantics is that semantic functions are historically determined. That reliance on history has been subject to repeated criticism. To sidestep such criticisms, Nanay has recently offered an ahistorical alternative that swaps out historical properties for modal properties. Nanay's ahistorical modal alternative suffers, I think, serious problems of its own. I suggest here another ahistorical alternative for teleosemantics. The motivation for both the historical view and Nanay's is to provide a naturalistic basis to characterize some item as (...) possessing a function independent of its actual performance and, thereby, provide a grip on intentional inexistence and misrepresentation. I suggest that attending to the logic of mechanistic explanation suffices to provide the sought for naturalistic basis. The key advantage to the approach offered here is its relative parsimony: unlike its alternatives, it requires no substantive existential commitments, for example, commitments to natural selection, copying relations, or fitness-enhancing modal properties, to naturalize semantic content. (shrink)

Paradoxes evoke astonishment, confusion, and delight in the extraordinary. But that is not all: They point to fundamental problems of philosophy, mathematics, and the natural sciences. This volume presents a number of the most important paradoxes from an analytical-philosophical perspective. -/- German abstract: Paradoxien rufen Staunen, Verwirrung und die Lust am Außergewöhnlichen hervor. Aber nicht nur das: Es sind Paradoxien, die bis heute auf Grundprobleme der Philosophie, der Mathematik sowie der Naturwissenschaften hinweisen und uns zu revolutionären Lösungsvorschlägen herausfordern. -/- Einige (...) Paradoxien markieren dabei vielleicht sogar unüberwindbare Grenzen unseres Wissens. Dieser Band stellt eine Reihe der wichtigsten Paradoxien – Paradoxien der Wahrheit, des Infiniten, der Bestätigung, der Vagheit, der Quantenmechanik, der Zeit, des Visuellen und des Auditiven – sowie Überlegungen zu allgemeinen Lösungswegen aus einer analytisch-philosophischen Perspektive vor. Dabei richtet er sich an interessierte Einsteiger in die Thematik, ohne den Gegenstand dabei zu sehr zu verkürzen. (shrink)

To ascribe a telos is to ascribe a norm or standard of performance. That fact underwrites the plausibility of, say, teleological theories of mind. Teleosemantics, for example, relies on the normative character of teleology to solve the problem of “intentional inexistence”: a misrepresentation is just a malfunction. If the teleological ascriptions of such theories to natural systems, e.g., the neurological structures of the brain, are to be literally true, then it must be literally true that norms can exist independent of (...) intentional and psychological agency. Davies, for one, has argued that such norms are impossible within a naturalistic worldview. Consequently, teleological theories of mind, for example, cannot be literally true. I will show, however, that the truth conditions on normative statements do not presuppose intentional and psychological agency and, further, that a selectional regime is one naturalistic mechanism that satisfies those truth conditions. Norms, then, exist in the world independent of intentional and psychological agency. (shrink)

The formal part of this chapter is concerned with measures of need-based justice. According to the measures we propose, a distribution is unjust (i) the more it deviates from absolute need satisfaction and equal degrees of need satisfaction, (ii) the more the given undersupply could have been mitigated by transfers, or (iii) the more resources are used for oversupply instead of need satisfaction. These measures are compared, i.e., as to the satisfaction of need-oriented relatives of axioms prominent in poverty measurement; (...) and we have a critical eye on the proposals of Jasso and Miller. The empirical part reports on three vignette studies conducted to find out how people evaluate the justice of given distributions and how they distribute goods when aiming at justice. The main goal was to measure the significance ascribed to need. This significance was compared with the significance ascribed to effort or equality; and it was shown that a need’s influence decreases when the corresponding person is accountable for having a higher amount of it. In the third study, we found out that needs that are not directed at bare survival, such as the need for participation in social life, are attributed lower degrees of importance. The chapter concludes with some implications of our research for a theory of need-based justice. (shrink)

A core feature of teleosemantic proposals has been to rely on selective history to justify semantic functional classification. Recently, Nanay and Bauer have offered ahistorical teleosemantic proposals intended to bypass the numerous criticisms arising from the dependence on history. However, part of the attraction of the traditional reliance on history is that it seemingly allowed teleosemantics to mesh with biological practice. For example, Millikan, a key advocate for the selective historical approach, argues that biological kind identity rests on historical (...) relations. That would seem to place ahistorical teleosemantics directly at odds with biological practice. I suggest that ahistorical teleosemantics need not conflict with biological practice. This reflects the fact that biological inquiry combines two complimentary explanatory strategies, essentialist and populational reasoning. The complementary character of these strategies allows ahistorical teleosemantics, as an instance of essentialism, to integrate with populational reasoning without conflict. (shrink)

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

We report the results of a vignette experiment with a quota sample of the German population in which we analyze the interplay between need, equity, and accountability in third-party distributive decisions. We asked subjects to divide firewood between two hypothetical persons who either differ in their need for heat or in their productivity in terms of their ability to chop wood. The experiment systematically varies the persons’ accountability for their neediness as well as for their productivity. We find that subjects (...) distribute significantly fewer logs of wood to persons who are held accountable for their disadvantage. Independently of being held accountable or not, the needier person is always compensated with a share of logs that exceeds her contribution, while the person who contributes less is punished in terms of receiving a share of logs smaller than her need share. Moreover, there is a domain effect in terms of subjects being more sensitive to lower contributions than to greater need. (shrink)

The Physical Intentionality Thesis claims that dispositions share the marks of psychological intentionality; therefore, intentionality is not exclusively a mental phenomenon. Beyond the standard five marks, Alexander Bird introduces two additional marks of intentionality that he argues dispositions do not satisfy: first, thoughts are extrinsic; second, the direction of causation is that objects cause thoughts, not vice versa. In response, this paper identifies two relevant conceptions of extrinsicness, arguing that dispositions show deep parallels to thoughts on both conceptions. Then, it (...) shows that Bird’s discussion of direction of causation overlooks complexities of dispositionality and intentionality that problematize apparent differences between thoughts and dispositions. The paper ends with a discussion of why we find these parallels between thoughts and dispositions. (shrink)

Normative characterization is a commonplace feature of biological and cognitive explanation. Such language seems to commit the biological and cognitive sciences to the existence of natural norms, but it is also difficult to understand how such normativity fits into a natural world of physical causes and forces. I propose to map normativity onto systems stabilized by counteractive constraints. Such a mapping, I believe, can explain normativity's causal-explanatory role in biological and cognitive inquiry. The common approach in the literature is to (...) derive an account of natural normativity by way of a particular theory of function. I avoid that approach here and attempt to address directly the sort of physical systems that might satisfy naturalizing criteria for normativity. This has the advantages, I think, of allowing an account of normativity without first having to decide the correct theory of function as well as allowing for the theoretical possibility that normative and functional explanation might come apart within empirical explanation. (shrink)

It has been suggested that a functionalist understanding of the metaphysics of psychological typing eliminates the prospect for psychological laws. Kim, Millikan, and Shapiro have each separately argued that, if psychological types as functional types are multiply realized, then the diversity of realizing mechanisms demonstrates that there can be no laws of psychology. Additionally, Millikan has argued that the role of functional attribution in the explanation of historical kinds limits the formulation of psychological principles to particular taxa; hence, psychological laws (...) applicable to any cognitive being are not possible. Both arguments against the possibility of psychological laws, I want to suggest, only succeed at showing that certain types of empirical principles will not be laws. I will suggest that a further type of empirical principle, grounded in the general constraints on the sustainability of population types, remains in the running as a candidate law. Importantly, the formulation of these principles presupposes a functionalist understanding of psychological typing. (shrink)

Shapiro has argued that the multiple realizability thesis for psychology, despite its broad acceptance, is far from being a well-established thesis. He suggests that not only do many of the standard examples of multiple realizability fail to be clearly examples but a competing thesis (“the mental constraint thesis”) that human-like minds are severely constrained in their physical realization is the more likely thesis. I will argue, however, that Shapiro’s mental constraint thesis is not a competing thesis with the multiple realizability (...) thesis. Once it is understood how these theses are compatible, the widespread acceptance of multiple realizability looks entirely reasonable. (shrink)

Shapiro has suggested that the empirical plausibility of the multiple realizability of human-like minds is dubious, because a contrary thesis, the Mental Constraint Thesis, enjoys positive empirical evidence. The Mental Constraint Thesis states that, given the actual physical laws, there is only one way to realize a human-like mind. I will suggest, however, that the Mental Constraint Thesis is not a contrary to the empirical multiple realizability thesis relevant to psychological reduction or autonomy and, as a consequence, has no bearing (...) on those classificatory issues. (shrink)

Otto Bauer has emerged once more in the thought of Western Marxists. The dominant theoretical voice of the Austrian Social Democrats in the late Austrian-Hungarian Empire and the First Austrian Republic, Bauer was re-examined in the 1970s and ’80s as ‘the third way’ was being explored in European politics by Eurocommunists. Bauer again is being discussed in the twenty-first century as not only a European ‘third way’, but as a model for nations across the globe. Bauer’s (...) vision theoretically as well as tactically between 1919 and 1934, when Austrian fascism ended the political efforts of Austrian Social Democracy, was of a pluralist parliamentary governance that sought through party coalitions and the influence of social experiment a developing societal praxis whose socialist principles would realise eventually Marx’s understanding of a classless society. A gradualism in long-range strategy and tactics would lead democratically to greater collective coexistence embracing differing cultures within and beyond separate nations. Reviewed here are five publications between 2005 and 2011 which are either thoughtfully supportive or critically dismissive of Bauer’s multi-cultural models for the socialist coexistence of communities and nations. Two conference collections and three books on Bauer’s thought and political life enable the contemporary mind to evaluate the seminal promise of Bauer’s Marxist understanding, where for him Marxism was a social-scientific instrument to guide societal development. (shrink)

How aesthetics—understood as a more encompassing framework for human activity—might become the primary discourse for political and social engagement. These essays make the case for a reignited understanding of aesthetics—one that casts aesthetics not as illusory, subjective, or superficial, but as a more encompassing framework for human activity. Such an aesthetics, the contributors suggest, could become the primary discourse for political and social engagement. Departing from the “critical” stance of twentieth-century artists and theorists who embraced a counter-aesthetic framework for political (...) engagement, this book documents how a broader understanding of aesthetics can offer insights into our relationships not only with objects, spaces, environments, and ecologies, but also with each other and the political structures in which we are all enmeshed. The contributors—philosophers, media theorists, artists, curators, writers and architects including such notable figures as Jacques Rancière, Graham Harman, and Elaine Scarry—build a compelling framework for a new aesthetic discourse. The book opens with a conversation in which Rancière tells the volume's editor, Mark Foster Gage, that the aesthetic is “about the experience of a common world.” The essays following discuss such topics as the perception of reality; abstraction in ethics, epistemology, and aesthetics as the “first philosophy”; Afrofuturism; Xenofeminism; philosophical realism; the productive force of alienation; and the unbearable lightness of current creative discourse. Contributors Mark Foster Gage, Jacques Rancière, Elaine Scarry, Graham Harman, Timothy Morton, Ferda Kolatan, Adam Fure, Michael Young, Nettrice R. Gaskins, Roger Rothman, Diann Bauer, Matt Shaw, Albena Yaneva, Brett Mommersteeg, Lydia Kallipoliti, Ariane Lourie Harrison, Rhett Russo, Peggy Deamer, Caroline Picard Matt Shaw, Managing Editor. (shrink)

This paper argues that certain expressions of practical necessity – like ‘I have to do this, I do not have a choice’ or ‘Here I stand, I can do no other’ – allow an insight into deep structures of personality and self-understanding. They point at a limit where someone would have to ‘become another person’ (in his own view), if he was forced to an alternative decision, because of neglecting ground-projects and convictions, which are essential for his self-conception. This limit (...) is marked by a loss of autonomy and authenticity. The paper discusses why and in how far expressions of personal necessities seem to have a special value and authority as they call forth the respect of the other towards an individual personality, even though this does not exclude that there may also be a necessity of self-reform. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Shaping off-job life is becoming increasingly important for workers to increase and maintain their optimal functioning. Proactively shaping the job domain has been extensively studied, but crafting in the off-job domain has received markedly less research attention. Based on the Integrative Needs Model of Crafting, needs-based off-job crafting is defined as workers’ proactive and self-initiated changes in their off-job lives, which target psychological needs satisfaction. Off-job crafting is posited as a possible means for workers to fulfill their needs and enhance (...) well-being and performance over time. We developed a new scale to measure off-job crafting and examined its relationships to optimal functioning in different work contexts in different regions around the world. Furthermore, we examined the criterion, convergent, incremental, discriminant, and structural validity evidence of the Needs-based Off-job Crafting Scale using multiple methods. The results showed that off-job crafting was related to optimal functioning over time, especially in the off-job domain but also in the job domain. Moreover, the novel off-job crafting scale had good convergent and discriminant validity, internal consistency, and test–retest reliability. To conclude, our series of studies in various countries show that off-job crafting can enhance optimal functioning in different life domains and support people in performing their duties sustainably. Therefore, shaping off-job life may be beneficial in an intensified and continually changing and challenging working life. (shrink)

Therehasbeenevidencefortheverybrief,temporalquantizationofperceptualexperienceatregularintervalsbelo w100msforseveraldecades.Webrieflydescribehowearlierstudiesledtotheconceptof“psychologicalmoment”ofbe tween50and60msduration.Accordingtohistoricaltheories,withinthepsychologicalmomentalleventswouldbepro cessedasco-temporal.Morerecently,alinkwithphysiologicalmechanismshasbeenproposed,accordingtowhichthe 50–60mspsychologicalmomentwouldbedefinedbytheupperlimitrequiredbyneuralmechanismstosynchronizeandthe rebyrepresentasnapshotofcurrentperceptualeventstructure.However,ourownexperimentaldevelopmentsalsoid entifyamorefine-scaled,serializedprocessstructurewithinthepsychologicalmoment.Ourdatasuggeststhatnot alleventsareprocessedasco-temporalwithinthepsychologicalmomentandinstead,someareprocessedsuccessivel y.Thisevidencequestionstheanalogrelationshipbetweensynchronizedprocessandsimultaneousexperienceandop ensdebateontheontologyandfunctionof“moments”inpsychologicalexperience.

This chapter contains sections titled: Phenomenology Existentialism The Organization of the Book.

Beginning in the 20th century, scientific research came to be dominated by a growing class of credentialed, professional scientists who overwhelmingly displaced the learned amateurs of an earlier time. By the end of the century, however, the exclusive realm of professional scientists conducting research was joined, to a degree, by “citizen scientists.” The term originally encompassed non-professionals assisting professional scientists by contributing observations and measurements to ongoing research enterprises. These collaborations were especially common in the environmental sciences, where citizen scientists (...) participated in counting wildlife and measuring environmental conditions. Later, patient groups began to play a more active role in supporting clinical trials and collecting health records from affected individuals. (shrink)

Mobile devices with health apps, direct-to-consumer genetic testing, crowd-sourced information, and other data sources have enabled research by new classes of researchers. Independent researchers, citizen scientists, patient-directed researchers, self-experimenters, and others are not covered by federal research regulations because they are not recipients of federal financial assistance or conducting research in anticipation of a submission to the FDA for approval of a new drug or medical device. This article addresses the difficult policy challenge of promoting the welfare and interests of (...) research participants, as well as the public, in the absence of regulatory requirements and without discouraging independent, innovative scientific inquiry. The article recommends a series of measures, including education, consultation, transparency, self-governance, and regulation to strike the appropriate balance. (shrink)

Since the fourth century, B.C.E., the Oath of Hippocrates has been the starting point in analyzing the obligations of physicians to protect the privacy and confidentiality interests of their patients. The pertinent provision of the Oath reads as follows: “What I may see or hear in the course of the treatment or even outside of the treatment in regard to the life of men, which on no account must be spread abroad, I will keep to myself, holding such things shameful (...) to be spoken about.”This part of the Oath is subject to more than one interpretation, but its commonly accepted meaning provides the ethical foundation for the physician’s duty of confidentiality. The Oath expressly declares that a physician’s obligation of confidentiality applies beyond matters of medical care. At a time when there were no hospitals or physician offices, patients received medical care in their homes or in public places. Physicians treating patients in their homes could be expected to see and hear a wide range of activities that might be considered embarrassing, immoral, or even illegal. (shrink)

Biobanks are repositories of human biological materials collected for biomedical research. There are over 300 million stored specimens in the United States, and the number grows by 20 million per year. In the post-genome world of high throughput gene sequencing and computational biology, biobanks hold the promise of facilitating large-scale research studies. New organizational and operational models of research repositories also raise complex issues of big science, big business, and big ethical concerns.

Genetic privacy and confidentiality have both intrinsic and consequential value. Although general agreement exists about the need to protect privacy and confidentiality in the abstract, most of the concern has focused on preventing the harmful uses of this sensitive information. I hope to demonstrate in this article that the reason why genetic privacy and confidentiality are so difficult to protect is that any effort to protect them inevitably implicates broader and extremely contentious issues, such as the right of access to (...) health care. Moreover, the tentative legislative and policy steps undertaken and proposed thus far have been, for the most part, misguided, simplistic, and ineffective. (shrink)

National decline is typically blamed on special interests from the demand side of politics corrupting a country's institutions. The usual demand-side suspects include crony capitalists, consumer activists, economic elites, and labor unions. Less attention is given to government insiders on the supply side of politics - rulers, elected officials, bureaucrats, and public employees. In autocracies and democracies, government insiders have the motive, means, and opportunity to co-opt political power for their benefit and at the expense of national well-being. Many storied (...) empires have succumbed to such inside jobs. Today, they imperil countries as different as China and the United States. Democracy - government by the people - does not ensure government for the people. Understanding how government insiders use their power to subvert the public interest - and how these negative consequences can be mitigated - is the topic of this book by Mark A. Zupan. (shrink)

If there is to be a natural theory of consciousness that would satisfy both philosophers and scientists, it must be based on naturalistic data and minimal clutter accumulated from semantic arguments. Carruthers offers a 'natural' theory of consciousness that is rather myopic. To explore the evolutionary basis of consciousness, a natural theory should include comparative psychological and neurological data that encompass nonlinguistic measures. Such an approach could provide a clearer picture of the adaptive function, mechanisms, and origins of consciousness.

In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology and the growing concerns about an absence of effective federal privacy laws, the legal (...) focus has shifted to the states. Signaling a new direction in state data privacy and consumer protection law, the California Consumer Privacy Act establishes important rights and protections for California residents with regard to the collection, use, disclosure, and sale of their personal information. The CCPA is certain to spur similar legislation and to affect national and international businesses that collect data from California's residents. Understanding the new law is important for all data‐driven industries, including health care. (shrink)

On September 8, 2015, the Department of Health and Human Services issued a Notice of Proposed Rule Making to revise the Federal Policy for the Protection of Human Subjects, widely known as the “Common Rule.” The NPRM proposes several changes to the current system, including a dramatic shift in the approach to secondary research using biospecimens and data. Under the current rules, it is relatively easy to use biospecimens and data for secondary research. This approach systematically facilitates secondary research with (...) biospecimens and data, maximizing the capacity for substantial public benefit. However, it has been criticized as insufficiently protective of the privacy and autonomy interests of biospecimen and data sources. Thus, the NPRM proposes a more restrictive regime, although more so for biospecimens than data. Both the status quo and the NPRM's proposal are critically flawed. (shrink)

On January 25, 2013, theFederal Registerpublished the Department of Health and Human Services omnibus amendments to the Health Insurance Portability and Accountability Act Privacy, Security, Enforcement, and Breach Notification Rules. These modifications also include the final versions of the HIPAA regulation amendments mandated by the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act. Although the amended rules were effective on March 26, 2013, covered entities and their business associates have a compliance date of (...) September 23, 2013.It has been 10 years since the April 14, 2003 compliance date for the original HIPAA Privacy Rule. Despite HHS’ clarification of some issues by posting answers to frequently asked questions, there have been no significant amendments to the Privacy Rule since 2003. (shrink)

“Unconscionable.” “Outrageous.” “Indefensible.” These are just some of the tamer descriptions for the billing practices of most hospitals, and also many physicians, that have recently come to the public's attention. Earlier this year, Time magazine published an extraordinary 24,000‐word exposé—the longest article it has ever published—detailing how even charitable hospitals routinely price‐gouge their patients.1 With characteristic flare for telling details, journalist Steven Brill documented ten‐fold markups of charges over costs at some prominent hospitals for common services like X rays and (...) lab tests, and one‐hundred‐fold mark‐ups on mundane supplies such as gauze pads and generic aspirin. Just as the buzz from Brill's article was abating, the Centers for Medicare & Medicaid Services released a comprehensive data set in May that galvanized local and national media across the country. This news tsunami caught hospital managers flat‐footed and tongue‐tied. Typical responses conceded that hospitals’ pricing practices are based neither on actual cost structures nor rational marketplace dynamics. Instead, hospitals attempted to deflect blame by noting that hardly anyone actually pays list prices, and they characterized their indefensible pricing as a symptom of a broken system that is beyond them to fix. There are two glaring faults in these standard defenses. (shrink)

Electrical resistivity and ac-calorimetric measurements reveal a complex magnetic phase diagram for single crystals of the ferromagnetic Kondo-lattice compound CeAgSb2 at high pressures up to 80 kbar. The ferromagnetic order at TC = 9.6 K at ambient pressure is completely suppressed at a critical pressure PC = 35 kbar. Another magnetic transition, possibly antiferromagnetic, found above 27 kbar, attains a maximum value TN 6 K at 44 kbar and then appears to be completely suppressed by 50 kbar. Thermodynamic and transport (...) measurements in the ferromagnetic state indicate an energy gap Δ 30 K in the spin-wave excitation spectrum at ambient pressure which decreases to Δ 10 K at P = 30 kbar. No superconductivity is observed at ambient pressure above T 0.1 K, under applied pressure in the ferromagnetic state (P = 28.5 kbar), nor in the antiferromagnetic state (P = 33 − 46 kbar) above 0.3 K. © 2003 The American Physical Society. (shrink)