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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. The law has long been concerned with the agency problems that arise when advisors, such as attorneys or physicians, put themselves in financial relationships that create conflicts of interest. If the financial relationship is "material" to the transactions proposed by the advisor, then non-disclosure of the relationship may be pertinent to claims of malpractice, informed consent, and even fraud, as well as to professional discipline. In these sorts of cases, materiality is closely related to the question of causation, roughly turning on whether the withheld information might have changed the decision of a reasonable advisee (i.e., a patient). The injured plaintiff will predictably testify that the information would have impacted his or her choice, but that self-serving testimony may be unreliable. The fact finder is left to speculate about the counterfactual world in which the information was disclosed. This Article shows how randomized vignette-based experimentation may create a valuable form of evidence to address these questions, for both litigation and policymaking. To demonstrate this method and investigate conflicts of interest in healthcare in particular, we recruited 691 human subjects and asked them to imagine themselves as patients facing a choice about whether to undergo a cardiac stenting procedure recommended by a cardiologist. We manipulated the vignettes in a 2 x 3 between-subjects design, where we systematically varied the appropriateness of the proposed treatment, which was described in terms of patient risk without the procedure (low or high), and manipulated the type of disclosure provided by the physician (none, standard, or enhanced). We used physician ownership of the specialty hospital where the surgery would be performed as the conflict of interest, disclosed or not, and the "enhanced" disclosure included notice that such relationships have been associated with biases in prescribing behavior. We found that the mock patients were significantly less likely to follow the cardiologist's recommendation of surgical implantation of a drug-eluting stent when he disclosed a financial conflict of interest, regardless of whether the disclosure was standard or enhanced. We also found that the mock patients were more likely to choose the treatment when they faced greater risk without it. We did not, however, find that the disclosure made patients more discerning about the appropriateness of the procedure. We discuss the implications for law and policy. Mock patients seem likely to act upon such information, declining the low-value healthcare when conflicts are disclosed. This finding suggests that the information is material to such transactions, and that disclosures may be salutary for medical decisions. Arguably, therefore, physicians already have a duty under the common law to disclose the financial relationships they choose to accept. Other regulators and policymakers should recognize and clarify this duty, and courts should embrace this form of evidence. Methodologically, although this empirical approach has limits, it reduces speculation by fact finders and policymakers, by at least focusing their attention on the right questions.
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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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Summary. A survey experiment that examines whether voters forgive corruption when they learn that politicians otherwise performed well in office. For the most part, they do not.
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Summary. Explores how liability concerns influence physicians to order tests that patients don’t need.
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Summary. An individual has a mind; a group does not. Yet humans routinely endow groups with mental states irreducible to any of their members (e.g., “scientists hope to understand every aspect of nature”). But are these mental states categorically similar to those we attribute to individuals? In two fMRI experiments, we tested this question against a set of brain regions that are consistently associated with social cognition—medial pFC, anterior temporal lobe, TPJ, and medial parietal cortex. Participants alternately answered questions about the mental states and physical attributes of individual people and groups. Regions previously associated with mentalizing about individuals were also robustly responsive to judgments of groups, suggesting that perceivers deploy the same social-cognitive processes when thinking about the mind of an individual and the “mind” of a group. However, multivariate searchlight analysis revealed that several of these regions showed distinct multivoxel patterns of response to groups and individual people, suggesting that perceivers maintain distinct representations of groups and individuals during mental state inferences. These findings suggest that perceivers mentalize about groups in a manner qualitatively similar to mentalizing about individual people, but that the brain nevertheless maintains important distinctions between the representations of such entities.
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Summary. This piece explores the similarities and differences between the ethical and regulatory issues raised by direct-to-consumer advertising of prescription drugs and those raised by the promotion of foods for their purported health-benefits.
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Summary. The general public is skeptical of our current system of campaign finance and feels that members of Congress are corrupt. Although the scholarly literature on campaign contribution influence is mixed, there is growing consensus that Political Action Committees (PACs) and interest groups do, indeed, have a powerful influence on policymaking in Congress. In this article, the author reviews this literature and discusses how influence occurs. Findings reveal that influence is only very rarely an explicit quid pro quo exchange. Instead, it is typically an ongoing, implicit, reciprocal exchange that impacts multiple stages of the legislative process and yields contributors many dividends, such as softer regulations, lower taxes, and lucrative contracts—none of which are explicitly promised (except in rare cases of full-blown bribery), but are, nonetheless, regularly granted. The social relationships between contributors and lawmakers are central to this process, as is the ability to get legislators to sway their colleagues.
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Summary. Physicians discriminate among trials of varying degrees of rigor, but industry sponsorship negatively influences their perception of methodologic quality and reduces their willingness to believe and act on trial findings, independently of the trial's quality. These effects may influence the translation of clinical research into practice.