1,720,959 research outputs found
Going Beyond Counting First Authors in Author Co-citation Analysis
The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Contingency Fee Conflicts: Attorneys Push for Quick-Kill Settlements When Their Clients Would Be Better Off Going to Trial
Despite the checkered history of contingency fees in the practice of law, attorneys often claim that such fee arrangements perfectly align the interests of lawyer and client. After all, contingency fee lawyers proclaim in TV ad after TV ad, we don’t get paid unless you win. That superficial logic does not withstand economic scrutiny. Utilizing a behavioral economics lens, this Article demonstrates that contingency fee arrangements give attorneys excessive incentives to settle cases that their clients would be better off taking all the way through trial. In addition to highlighting this undertheorized problem in law, we offer normative recommendations to help alleviate the conflict. Ultimately, we need to devise a hybrid fee system that provides compensation proportionate to how hard an attorney works, provides incentives for the best possible outcome for her client (whether obtained at trial or via settlement), and ensures that low-income plaintiffs can still obtain access to the doors of justice
Variations on the Author
“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
In Vitro Fertilization and the Law: How Legal and Regulatory Neglect Compromised a Medical Breakthrough
The rise of assisted reproductive technology like in vitro fertilization (“IVF”) as a method of human reproduction represents a remarkable medical achievement. Live births and success rates have increased dramatically in the past decade, so much so that many fertility clinics now “guarantee” a baby to clients who sign up.
But with successes come inevitable downsides. Everyone knows that the price tag is steep, but given the demand, relatively few individuals are deterred. More insidious are the increased birth-defect risks associated with reproductive technologies. For some time it was assumed that these risks were due to the fact that individuals attempting IVF were older and possessed greater risk factors themselves. Now, however, recent research is showing that it may be IVF itself, and, in particular, the dramatic rise of a new technique called intracytoplasmic sperm injection (“ICSI”), that is responsible for negative outcomes.
IVF providers face little incentive to impress these risks on their customers, and operate in a largely unregulated environment in which cash is king and informed consent is optional. The incentive to report high live-birth rates dictated by the profit motive pushes some clinics to implant more embryos than necessary and to recommend technologies that may increase births despite the fact that they increase defect rates.
Sadly, law and regulation lag far behind the technology in this arena. While some industry groups have promulgated responsible guidelines for appropriate use of reproductive technology, they come with no viable enforcement or disciplinary mechanisms. Law’s absence has contributed to a “wild west” mentality in some fertility clinics, where anything goes if it will make money. It is past time that the law and medical regulators become involved in assessing the rapidly growing reproductive technologies available today in order to preserve their benefits while mitigating the risks that are largely unknown or ignored by most patients
Appropriate Similarity Measures for Author Cocitation Analysis
We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
The Vested Rights Doctrine: How a Shield Against Injustice Became a Sword for Opportunistic Developers
In an era of pioneering environmental and land use laws, savvy developers are using the “vested rights” doctrine to circumvent and undermine critical public health, safety, and environmental regulations. This controversy pits two legitimate interests against each other: On the one hand, local governments must have the power to pass land use laws and regulations in the public interest to protect their community’s health, safety, welfare, and environment. On the other, developers who rely on the laws in existence at the time their project is approved should be protected from subsequent changes to the law that could increase transactional costs and impair their projects.
In theory, the vested rights doctrine helps minimize these costs by “freezing” the law applicable to a permit application at a certain point in time. From developers’ perspective, the earlier the rights vest, the better. While the vested rights doctrine is based on an understandable estoppel rationale, developers are increasingly using it as a sword to thwart reasonable regulation instead of as a shield against injustice.
Common sense policy has too often been co-opted by opportunistic developers at the expense of the public interest—witness the unfettered explosion in fracking operations across America as well as new urban centers being installed in particularly inappropriate locations, oftentimes in contravention of sensible smart growth or growth management policies. The situation has become so perverse that one elected official argued that manipulation of the vested rights doctrine is “the least sexy but probably one of the most important aspects of environmental law” today
Syringes in the Sea: Why Federal Regulation of Medical Waste Is Long Overdue
Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.
This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to the unique problems associated with interstate transport and the increasing prevalence of medical waste created by individual sources. At a minimum, federal regulation should include uniform tracking and definitions, minimum standards for safe handling and disposal, and central collection sites for small generators
Contingent Fee Conflicts: Attorneys Opt for Quick-Kill Settlements When Their Clients Would Be Better Off Going to Trial
Despite the checkered history of contingency fees in the practice of law,
attorneys often claim that such fee arrangements perfectly align the interests of
lawyer and client. After all, contingency fee lawyers proclaim in TV ad after TV
ad, “we don’t get paid unless you win.” That superficial logic does not withstand
economic scrutiny. Utilizing a behavioral economics lens, this Article
demonstrates that contingency fee arrangements give attorneys excessive
incentives to settle cases that their clients would be better off taking all the way
through trial. In addition to highlighting this undertheorized problem in law, we
offer normative recommendations to help alleviate the conflict. Ultimately, we
need to devise a hybrid fee system that provides compensation proportionate to
how hard an attorney works, provides incentives for the best possible outcome for
her client (whether obtained at trial or via settlement), and ensures that low-
income plaintiffs can still obtain access to the doors of justice
Dispelling the Myths Behind First-author Citation Counts
We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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