1,720,969 research outputs found
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
Clarity and Clarification: \u3ci\u3eGrable\u3c/i\u3e Federal Questions in the Eyes of Their Beholders
Full text linkIn practice, the word “clarity” seems to work much like the word “classy”—if you have to say it, it probably is not true, at least for federal- question jurisdiction. The Supreme Court’s 2005 opinion in Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing stands as a recent example. In Grable, the unanimous Court endeavored to synthesize the numerous doctrines governing jurisdiction over state-law claims raising federal questions (or “embedded” federal questions), and to resolve a circuit split over whether a federal private right of action must accompany the alleged embedded federal questions. The Court decided that jurisdiction does not, in fact, require an underlying federal right of action, but that a right of action is relevant to determinations of “substantiality” and federalism. Grable thus represents the rejection of a bright-line jurisdictional rule in favor of a nuanced, discretionary one, making clear that the jurisdictional waters should remain murky. Grable’s rejection of a bright-line jurisdictional rule raises broader questions about clarity’s role in federal-question jurisdiction doctrine and whether clarity in theory translates into clarity in practice. How have district courts reacted to the Supreme Court’s clarification of doctrine and choice of a flexible rule? Has the clarification offered litigants a clearer picture for predicting jurisdiction? This Article takes an initial step toward answering those questions by first arguing the clarity debate should focus on how jurisdictional rules appear in the eyes of their beholders and by then examining what Grable federal-question jurisdiction looks like from that perspective— as applied in federal court precedents. Part II questions the rationales for jurisdictional clarity and traces the gradual distillation of rules for removal jurisdiction over embedded federal-questions, detailing how Grable purported to “clarify” the proper interpretation of Merrell Dow Pharmaceuticals Inc. v. Thompson and state a unified jurisdictional rule. Using Grable as an example, the Article then turns to an empirical study on the implementation of Grable’s “clarified” rule. The study captures a snapshot of how federal district and appellate courts have reacted to the Grable Court’s attempted clarification and choice of a nuanced rule over a bright-line one. Part III presents that study, examining a sample of decisions before and after Grable. The study identifies a mass of district court precedent “submerged” on court dockets, underscoring the possibility that conventional research offers an unrepresentative sample of precedent. Part III then uses those submerged precedents to trace trends in the rates of remand and reversal in the years before and after the Supreme Court announced Grable, illustrating the potential influence of clarifying opinions. Part IV builds on these theoretical discussions and empirical observations to describe obstacles currently diverting clarification and to suggest some modest steps that litigants, scholars, courts, and Congress might take to improve the availability of clarifying precedents and thereby enhance predictability
The Body Politic: Federalism as Feminism in Health Reform
Full text linkThis essay illuminates how modern health law has been mainstreaming feminism under the auspices of health equity and social determinants research. Feminism shares with public health and health policy both the empirical impulse to identify inequality and the normative value of pursing equity in treatment. Using the Affordable Care Act’s federal health insurance reforms as a case study of health equity in action, the essay exposes the feminist undercurrents of health insurance reform and the impulse toward mutuality in a body politic. The essay concludes by revisiting—from a feminist perspective—scholars’ arguments that equity in health insurance is essential for human flourishing
Variations on the Author
Full text link“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
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe 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
On Drugs: Presumption, Preemption, and Remedy
No full textThis essay explores the role of litigation in drug safety regulation and the role of drug safety regulation in litigation, exemplified by the 2017 National Health Law Moot Court Problem. Using the example of failure-to-update claims against generic drug manufacturers, this essay argues that pharmaceutical preemption doctrine would benefit from a tailored application of the presumption against preemption. It proposes a presumption that Congress does not intend to displace historic state remedies for injury without clearly saying so, focusing on the role of remedy to account for the evolving overlap in federal and state police powers over health and to more precisely calibrate the federalism values inherent in the remedy-regulation relationship
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe 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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