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Summary. In a recent symposium article (Expert Mining and Required Disclosure, 81 U Chi. L. Rev. 131 (2014)), Professor Jonah Gelbach discusses the problem that a litigant in the American adversarial system can consult multiple expert witnesses on a given question but only disclose the single most favorable opinion to the fact finder (a jury, judge, or arbitrator). He calls this the problem of “expert mining.” In particular, Gelbach considers whether a policy that requires litigants to disclose to the fact finder the number of experts that they consulted might be a satisfactory solution to the problem. Alternatively, Gelbach considers whether an even more radical change to the American litigation system — the exclusion of all expert opinions rendered after the first one — might be necessary. In doing so, Gelbach extensively discusses my own work on this problem and the third solution I developed in a 2010 article, Blind Expertise, 85 NYU L. Rev. 174 (2010). There, I show that expert mining is one part of a broader problem of expert bias, and I propose a conditional-disclosure rule as the solution. This Essay provides some analysis of Gelbach’s framing of the problem, reviews the blinding proposal, and identifies the limits of Gelbach’s analyses.
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Summary. For over two decades, the Canadian Federation of Nurses Unions (CFNU) has been advocating for a national pharmacare plan. Now, as the costs of prescription drugs continue to rise, putting pressures on a health care system that is already stretched to the limit, the CFNU is gaining some new allies. There is a growing consensus that prescription drug policies require reform. Advocates for reform include the C.D. Howe Institute (a well-known public policy think tank), the Canadian Life and Health Insurance Association, provincial and territorial governments, as well as patient advocates from coast-to-coast. Like our premiers, the CFNU is committed to tackling the issue of escalating drug costs, while ensuring access and quality care. The failure to contain the costs of pharmaceuticals is threatening Canada’s ability to provide patients with the health care they need. A national pharmacare program is an urgent priority if our health care system is to provide patients with the medications they need.
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Summary. This blog explores the role of structural incentives and institutional cultures in the systemic suppression of serious threats to public safety and public health.
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Summary. Describes legal limits on illegal promotional speech by drug company representatives.
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Summary. When governments ask companies for bribes, it leads to a prisoner's dilemma situation in public procurement processes. However, companies can manage to escape through collusion.
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Summary. Logics of corruption compiles articles published by the Edmond J. Safra Center for Ethics at Harvard University and elsewhere. In these texts, Mosquera explores different logics to understand the individual and collective rationality of corruption. Moreover, the systematic study of the various logics of corruption is important if we are to find innovative solutions in the form of anti-corruption strategies.
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Summary. Game theory has allowed the study of the rationality of relationships among actors. This is a strategic relationship where the final outcome depends on the decisions made by each actor. As each player awaits the other player’s decision, the anticipation of the opponent’s move is essential. For game analysis, it is important to view such anticipation as a combination of expectations. When it comes to a negotiation game, the various rules of the game, the means that condition players’ moves and the projection of goals are also important. Likewise, corruption can be also analyzed as an agreement that is reached after a process of negotiation between actors. The objective of this paper is, therefore, to interpret Schelling’s negotiation games as adapted to the problem of corruption.
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Summary. This commentary raises the concern that efforts to ensure that industry is “at the table” for the WHO/FAO’s Second International Conference on Nutrition allow industry to influence the agenda, as well as the ways in which global health challenges are framed and addressed.
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Summary. This essay explores how oil and gas companies exploit secret settlements with families harmed by fracking in order to suppress evidence of the harmful effects of their commercial practices.
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Summary. This article outlines the systemic ethical implications of public-private partnerships with the food and soda industry—including research agenda distortion and framing effects (such as the characterization of obesity primarily as a problem of individual behavior, and the minimization or neglect of food systems and the role of powerful corporate actors in those systems).
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Summary. This chapter included discussion of the Wikipedia study within the context of formulating a more comprehensive theory of "ethics of possibility" in which individuals think about the ethical implications of novel contributions while they are contributing to them--and to possibly anticipate some of them--rather than succumbing to "optimism bias" or "confirmation bias" (thinking that "everything I do will go as I plan or want it to, and my brilliant idea has no downsides" or, perhaps worse, launching the product/service without an ethical thought and waiting for the market/civitas/community to figure out the implications.
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Summary. This paper most specifically draws from the the conceptual frames developed in the IC Safra Lab - although their explicit reference to it varies. The risk of IC to public credibility of scientific and scholarly institutions stands at the focus of this work, especially the paradox of the pursuit of value-free science as a value-laden approach to defend this credibility without accountability.
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Summary. An analysis of corruption and misappropriation in World Bank projects using original data. When World Bank projects are targeted at a more specific constituency, there are fewer problems with corruption.
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