The United States Court of Appeals for the Seventh Circuit held, in Murrey v. United States ), that claims for a physician's failure to obtain a patient's informed consent are not barred by the Federal Tort Claims Act as a species of misrepresentation. The court further held that the claim was not barred by the failure to include the issue of informed consent in the administrative claim. This decision reduces the burden on plaintiffs to state every cognizable claim consistent with (...) the facts in an administrative proceeding; the failure to do so would prevent them from raising the claim in court.The patient, Thomas Murrey, a sixty-eight-year-old U.S. veteran, sought treatment at a Veteran's Administration hospital in North Chicago, Illinois. VA doctors diagnosed him with prostate cancer, and advised him to undergo surgery to remove his entire prostate. (shrink)

Organic chemists have been able to develop a robust, theoretical understanding of the phenomena they study; however, the primary theoretical devices employed in this field are not mathematical equations or laws, as is the case in most other physical sciences. Instead it is diagrams, and in particular structural formulas and potential energy diagrams, that carry the explanatory weight in the discipline. To understand how this is so, it is necessary to investigate both the nature of the diagrams employed in organic (...) chemistry and how these diagrams are used in the explanations of the discipline. I will begin this paper by characterizing some of the major ways that structural formulas used in organic chemistry. Next I will present a model of the explanations in organic chemistry and describe how both structural formulas and potential energy diagrams contribute to these explanations. This will be followed by several examples that support my abstract account of the role of diagrams in the explanations of organic chemistry. In particular, I will consider both the appeal to ‘hyperconjugation’ in the explanation of alkene stability and how the idea of ‘ring strain’ was developed to explain the relative stability of cyclic compounds. (shrink)

The Birkhoff-Maltsev problem asks for a characterization of those lattices each of which is isomorphic to the lattice L(K) of all subquasivarieties for some quasivariety K of algebraic systems. The current status of this problem, which is still open, is discussed. Various unsolved questions that are related to the Birkhoff-Maltsev problem are also considered, including ones that stem from the theory of propositional logics.

have recently provided a compelling demonstration of enhanced attentional control under post-hypnotic suggestion. Using the classic color-word interference paradigm, in which the task is to ignore a word and to name the color in which it is printed (e.g., RED in green, say ''green''), they gave a post-hypnotic instruction to participants that they would be unable to read. This eliminated Stroop interference in high suggestibility participants but did not alter interference in low suggestibility participants. replicated this pattern and further demonstrated (...) that it is not due to a visual strategy (such as blurring or looking at a different location). As a historical footnote, we describe a ''case study'' from 18 years ago in which we observed the same result using a hypnotic instruction to a single highly suggestible individual that he could not read. The elimination of Stroop interference has important implications for both the study of attention and the study of hypnosis. (shrink)

A model for the trapping of animals with a circular pitfall is formulated. The model's assumptions are: The animals move independently according to the same Brownian motions. The boundary of the pitfall acts as an absorbing or elastic barrier. Initially a fixed number of animals is independently homogeneously distributed over a finite study area, or the initial positions follow a homogeneous planar Poisson process. The model depends on three free parameters: the motility of the animals, their reaction to the pitfall, (...) the initial density.It appears that the catches in disjoint time intervals are multinomially or independently Poisson distributed. The parameters of these distributions are obtained by solving certain partial differential equations. (shrink)

In this paper we will show that Hempel's covering law model can't deal very well with explanations that are based on incomplete knowledge. In particular the symmetry thesis, which is an important aspect of the covering law model, turns out to be problematic for these explanations. We will discuss an example of an electric circuit, which clearly indicates that the symmetry of explanation and prediction does not always hold. It will be argued that an alternative logic for causal explanation is (...) needed. And we will investigate to what extent non-monotonic epistemic logic can provide such an alternative logical framework. Finally we will show that our non-monotonic logical analysis of explanation is not only suitable for simple cases such as the electric circuit, but that it also sheds new light on more controversial causal explanations such as Milton Friedman's explanation of the business cycle. (shrink)

The passing on of information to GPs by genito-urinary doctors is to be encouraged but is not always possible and ultimately the patient's wishes and confidentiality must be respected if sexually transmitted diseases and HIV infection are to be controlled. Infected health-care workers should seek counselling and medical support and clear guidelines from professional organisations which are in existence. However, they will only do so if strict confidentiality is maintained and assurance about future employment can be given.

Sartre rationalizes sexuality much like Plato. Rationalization here refers to the way Sartre tries to facilitate explanation by changing the terms of the discussion from sexual to nonsexual concepts. As a philosophy which, above all, highlights those features of human existence which seem most resistant to explanation, one would expect existentialism to highlight sexuality as a category that is crucial for considering human existence. Descartes comes immediately to mind when one focuses on Sartre's major categories. In Sartre's case however, it (...) is not mind and matter but consciousness and its opposite: "nothingness" and "being." This irreducible dualism is the key to the trouble human beings have with existence. Humans try to deal with the tensions implied by this dualism by trying to pretend people are not subjects but objects. Sartre calls this "bad faith." He begins by attempting to take human sexuality seriously as a fundamental category, but ends by abandoning the effort in favor of other substitutes. (shrink)

This paper undertakes an analysis of the distinctive forms of self-consciousness, self-representation and existential-therapeutic work characteristic of the ex-voto paintings in Mexican folk art, and examines the appropriation thereof in Kahlo's Self-Portrait with Cropped Hair.

The death of Jesse Gelsinger in 1999 during a gene therapy trial raised many questions about the ethical review of medical research. Here, the author argues that the principle of justice is interpreted too narrowly and receives insufficient emphasis and that what we permit in terms of bodily invasion affects the value we place on individuals. Medical research is a societally supported activity. As such, the author contends that justice requires that invasive medical research demonstrates sufficiently compelling societal benefit. Many (...) consider this societal benefit to be self evident. However, medical research is a complex activity; it yields new treatments but also creates financial rewards and affects health resource allocation. As research evolves into a multibillion pound, multinational enterprise, justice requires a much broader analysis of societal benefit. Without such evaluation we risk undermining the value of bodily integrity and of research participants. (shrink)

To many who develop and use free software, the GNU General Public License represents an embodiment of the meaning of free software. In this paper we examine the definition and meaning of free software in the context of three events surrounding the GNU General Public License. We use a case involving the GPU software project to establish the importance of Freedom 0 in the meaning of free software. We analyze version 3 of the GNU General Public License and conclude that (...) although a credible case can be made that the added restrictions are consistent with the definition of free software, the case requires subtle arguments. Strong arguments against the added restrictions are less subtle, and may therefore be more convincing to many users and developers. We also analyze the Affero General Public License and conclude that it is inconsistent with the definition of free software. (shrink)

Ordinairement les manuels de biologie débutent par une exposition des caractéristiques qui distinguent la nature organique de la nature anorganique. En définissant et en limitant aussi exactement que possible son sujet, la biologie, le biologue ne fait pas autre chose que le mathématicien. La présente étude nous montre les obstacles presque insurmontables auxquels se heurtent le biologue et le mathématicien. A les bien considérer, les anciennes distinctions entre l'organisme d'une part et la matière non-organisée ou un système statique matériel, comme (...) la machine, d'autre part, se basant sur la nutrition, la respiration, les échanges vitaux et le mouvement ne tiennent plus debout. L'auteur allègue les expériences récentes de W. M. Stanley (Rockefeller Institute à Princeton) d'où il appert qu'il peut y avoir aussi génération dans les substances qui se secrètent sous la forme de cristaux (cristaux vivants), et s'en rapporte aux fameuses expériences de Driesch sur la régénération. Il y rattache les conceptions de Jordan (Utrecht) -- rapports entre les enchaînements des causes "d'après leur caractère amboceptor"; "le dessein des causes". Les vitalistes portent surtout leur attention sur "la totalité", les mécanistes sur "les parties". Le naturaliste qui se propose uniquement la recherche des causes physico-chimiques des phénomènes physico-chimiques serait parfaitement en droit de se contenter d'une conception mécaniste de la nature. Mais cette conception mécaniste ne suffirait pas à celui qui, comme l'auteur, aspire à comprendre l'organisme dans son ensemble. (shrink)