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Editorial: Special Issue for Selected Papers from the 12th Biennial International Symposium on the Sociology of Music Education
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Why Indiana Harbor Is the Worst Torts Decision in American History
No full textJudge Richard A. Posner’s opinion for the Seventh Circuit in Indiana Harbor Belt Railroad Co. v. American Cyanamid Co., concerning a spill of the hazardous chemical acrylonitrile at a railyard near Chicago, is considered the definitive statement on the abnormally dangerous activity doctrine. That doctrine (also known as the ultrahazardous activity doctrine) holds that one who engages in an abnormally dangerous activity is strictly liable for harm caused to others, regardless of negligence. However, Judge Posner’s opinion suggests that strict liability should rarely displace the negligence standard, even for commercial activities that externalize high degrees of risk. That approach leads courts to avoid invoking the doctrine by failing to classify activities as abnormally dangerous.
Indiana Harbor has been enormously influential. It is included in most Torts casebooks, imbibed by future lawyers and judges, lauded by commentators, and frequently cited. The unfortunate result has been to unduly constrict use of the abnormally dangerous activity doctrine.
It is not hyperbole to say that Richard Posner is a genius; yet, as this Essay demonstrates, his reasoning in Indiana Harbor is deeply flawed. The chasm between the decision’s reputation and its real quality is so enormous that the opinion deserves to be named the worst torts decision in American history. By revealing Indiana Harbor’s flaws, this Essay opens a way to reconsider and revive a potentially valuable torts doctrine
Patent Office Power and Discretionary Denials
No full textOne of the most divisive and debated issues in patent law in recent years has been the Patent Office’s practice of denying petitions for inter partes review (IPR)—the Patent Office proceeding to review and cancel wrongfully issued patents—on discretionary procedural grounds, such as duplicative Patent Office proceedings or the existence of advanced parallel litigation. On the surface, the discretionary denial practice seems like an odd candidate to provoke such fierce opposition. Discretionary denials have affected a small percentage of IPR petitions without making any changes to the features that have made IPRs so effective at invalidating “bad” patents. As a normative matter, the discretionary denial practice presents a close, nuanced, and unclear trade-off between the benefits of invalidating wrongfully issued patents and the inefficiencies and burdens of duplicative proceedings. And despite frequent objections from sophisticated patent stakeholders, the one thing that is clear about the discretionary denial practice is that it is consistent with the statutory text and objectives and a lawful exercise of the enhanced power and authority the America Invents Act (AIA) grants to the Patent Office. But below the surface, the discretionary denial controversy is more understandable. It reflects a patent system struggling to accept a shift to greater administrative authority after two hundred years of judicial dominance of patent policy-making. Discretionary denials offer a useful case study to evaluate the patent system’s changing institutional arrangements. This Article demonstrates how the AIA gave the Patent Office significant power and discretion over IPRs, authority that comfortably encompasses the discretionary denial practice. It further shows how the experience with discretionary denials confirms the benefits provided by the AIA’s shift toward greater administrative patent power: expertise, flexibility, reasoned deliberation and policy-making, and accountability
Dear Lee
No full textLee often invited us to look back and reflect on our thinking and experiences in her classes at Teachers College through an assignment she called the Dear Lee letter. I chose this informal narrative to capture some of the ways her pedagogy and perspectives shaped—and continue to shape—my work in the classroom
A Systematic Literature Review of Telehealth for Health Equity in Pediatric and Women\u27s Health Care: Promise vs Reality
No full textBackground: Telehealth interventions can transform the healthcare system to improve accessibility, quality of care, and outcomes for women’s obstetric health.
Objective: This literature review seeks to summarize current research to understand the effect of telehealth on women’s obstetrics and gynecology outcomes.
Methods: A literature review was conducted following the PRISMA methodology to identify a set of papers containing information related to obstetrics and maternal health. The search terms used identified telehealth or telemedicine interventions used for obstetric, maternal, or prenatal care from the period 2013-2023. 19 articles were identified and reviewed.
Results: The literature review considered three primary aspects from the findings of each paper when relevant; accessibility, care, and vulnerable population. Accessibility was assessed to better understand the barriers affecting access to telemedicine services. Care interventions were assessed to better understand how different perinatal care interventions can be provided through telemedicine, including abortion and ultrasound care. High-risk or low-resource populations were assessed to better understand how telemedicine interventions affect different populations.
Discussion: The literature review identified barriers in accessing technology, internet, and interpretation services. The review considered measures that can be taken to reduce barriers to improve access to abortion, ultrasound, and prenatal care for diverse patient populations.
Conclusions: Review demonstrated ways in which telehealth can be an effective intervention in overcoming barriers, addressing prenatal care outcomes, and improving awareness and access in patient populations
Light Sheet Microscopy Incubation Design and Control Scheme
No full textThe focus of the following paper is the development of a light sheet or selective plane illumination microscopy (LSM / SPIM) platform to support long duration three dimensional imaging of various cells and tissues. This paper describes the complete design and fabrication process behind the prototype, including a definition of light sheet microscopy and its differences from confocal microscopy, as well as existing open source selective plane microscopy literature and designs. The complete engineering design process as applied to the microscope design is described in detail. Specifically, this paper will focus on the development of an incubation chamber for light sheet imaging. We propose two iterations of an incubation design, and critically evaluate each. We also propose future improvements in controls, namely via the implementation of fuzzy logic control. As the project is not yet complete, further steps and future goals are also described in detail, namely highlighting the integration of a similar incubation chamber in a light sheet microscopy based, dynamic mechanical analysis instrument
Assessing Leadership in Business: A Critical Investigation of Elon Musk
No full textThis paper provides an in-depth analysis of Elon Musk\u27s leadership style across all his companies. Elon Musk, known for his passion for innovation and helping humanity, has founded and led several successful companies, including Tesla, SpaceX, Neuralink, The Boring Company, and Twitter. The paper explores Musk\u27s background, including his early entrepreneurial ventures and risk-taking attitude, highlighting his unique approach to leadership. The analysis focuses on Musk\u27s leadership characteristics, drawing on the article Decoding Leadership: What Really Matters, which identifies effective leadership traits such as being supportive, results-oriented, seeking different perspectives, and problem-solving. Furthermore, the paper examines Musk\u27s leadership styles based on Daniel Goleman\u27s six leadership styles: pacesetting, coercive, authoritative, affiliative, democratic, and coaching. Musk is found to utilize the pacesetting, coercive, and authoritative styles. Lastly, Elon Musk\u27s leadership behavior is compared to the Five Practices of Exemplary Leadership, as identified by Kouzes and Posner: model the way, inspire a shared vision, challenge the process, enable others to act, and encourage the heart. Overall, this analysis highlights Elon Musk\u27s complex leadership style, characterized by a mix of effective and challenging traits, as he strives to drive innovation, solve global problems, and positively impact humanity
Acute Kidney Injury in the Elderly
No full textAcute kidney injury (AKI) is a significant clinical concern in the elderly, marked by heightened incidence rates, increased morbidity and mortality, and impaired kidney repair mechanisms. AKI often has severe consequences, including extended hospital stays, heightened rates of chronic kidney disease, and elevated healthcare costs. The vulnerability of elderly individuals to AKI is amplified by age-related structural and functional changes in the kidneys, reduced physiological reserve, and increased exposure to nephrotoxic agents. The impaired kidney repair mechanisms observed in the elderly pose further complexities in AKI management. With age, the regenerative capacity of the kidneys diminishes, resulting in incomplete recovery and long-term renal dysfunction. Therefore, identifying strategies to promote effective kidney repair and regeneration in the elderly is crucial. Investigations into age-related factors such as cellular senescence, oxidative stress, and inflammation will provide valuable insights into AKI pathogenesis and facilitate the development of targeted interventions. Furthermore, understanding the interplay between gender differences and comorbidities in AKI among the elderly necessitates ongoing research
The Effects of the COVID-19 Pandemic on Mergers and Acquisitions, Goodwill, and Goodwill Impairment in the Technology Industry
No full textI explore associations between COVID-19 and changes in mergers and acquisitions (M&As), goodwill valuation, and goodwill impairments in the technology industry. Prior literature explores the pandemic’s effects on the dynamics of M&As, goodwill, and goodwill impairment, but are not specific to the pandemic’s impact on the technology industry. This study references prior literature to provide conceptual support as well as research findings to examine the overall changes in technology companies of interest in this study. First, I find that M&A activity before COVID-19 and during COVID-19 was not substantially different when averaged. Second, I find that there was a significant decrease in companies reporting goodwill, but the valuation of goodwill remained similar. Finally, I find that companies reporting goodwill impairment significantly declined in 2021, but the magnitude of goodwill impairment increased drastically in 2022. Overall, this study provides important insights into the effects of macroeconomic shocks and how the technology industry\u27s stability might be affected by future pandemics and market uncertainty