bluuebunny/crossref_metadata_2025 huggingface dataset:
Efficacy of methylcellulose and loperamide in managing fecal incontinence
Authors: SZE EDDIE H.M. , HOBBS GERRY
Published: May 2009

Objective. To evaluate the efficacy of methylcellulose (Citrucel®) and loperamide (Imodium®) in managing fecal incontinence by comparing cure rates with expectant management. Design. Prospective controlled study. Setting. Urogynecology clinic in a university hospital. Population. Sixty‐nine women with fecal incontinence. Methods. All incontinent women received one heaping tablespoon of methylcellulose twice a day, which was increased to two heaping tablespoons twice a day as needed. If the incontinence persisted after taking the maximum dose of methylcellulose for two weeks, loperamide, one capsule twice a day was added, which was increased to two capsules three times a day as needed. If both fecal urgency and incontinence resolved, the therapy was continued for a three‐month treatment period. Women, who declined the proposed treatment and did not undergo any other therapy during the subsequent eight weeks, served as controls. A subject or control was considered cured if she stated that her incontinence was cured, had zero Pescatori incontinence point, resolution of fecal urgency, and her incontinence did not affect her emotional, social, occupational, and physical functions during the three‐month treatment or eight‐week observation period. Main outcome measures. Difference in the cure rate between subjects and controls. Results. Fifty‐nine subjects were treated with methylcellulose. Forty (68%) also required loperamide. Ten women served as controls. Women treated with methylcellulose and loperamide had a higher cure rate than those managed expectantly (46% vs. 0%, p<0.01). Conclusion. Methylcellulose and loperamide are an effective treatment for fecal incontinence, at least on a short‐term basis.
Value of sonographically guided needle sampling of cystic versus solid components in the diagnosis of complex cystic breast masses
Authors: Lin Wen-Chiung , Hsu Giu-Cheng , Yu Cheng-Ping , Yu Jyh-Cherng , Lee Hsiu-Nan , Hsu Hsian-He , Chang Tsun-Hou , Chen Tom , Li Chao-Shiang , Huang Guo-Shu
Published: May 2009

Background: The common practice for diagnosis of complex cystic breast masses (CCBM) may be imaging-guided aspiration or biopsy of cystic or solid components.

Purpose: To assess the diagnostic value of sonographically guided needle sampling of cystic and solid components for CCBM.

Material and Methods: Twenty patients with 20 CCBM underwent sonographically guided fine-needle aspiration biopsy (FNAB) for cystic components, followed by core needle biopsy (CNB) for residual solid components. The diagnostic results of each were evaluated. Excisional biopsy or mastectomy served as a reference standard.

Results: Fourteen (70%) masses were malignant. Needle sampling for cystic components of the 14 malignant tumors showed malignancy in one (7%), atypia in four (29%), benign findings in four (29%), and insufficient samples in five (36%). Needle sampling for residual solid components showed malignancy in 11 (79%), atypia in two (14%), and insufficient sample in one (7%). The diagnostic yield of needle sampling of solid components was significantly higher than that of cystic components for malignant CCBM ( P<0.05). Sixteen (80%) of 20 CCBMs showed bloody fine-needle aspirates. There was no significant difference between the rates of bloody aspirates of malignant and benign CCBM (86% vs. 67%, P=0.55).

Conclusion: Sonographically guided needle sampling of solid components may help to identify most malignant CCBMs, and the aspirated fluid may be discarded due to low diagnostic value.
The recycling and transcytotic pathways for IgG transport by FcRn are distinct and display an inherent polarity
Authors: Tzaban Salit , Massol Ramiro H. , Yen Elizabeth , Hamman Wendy , Frank Scott R. , Lapierre Lynne A. , Hansen Steen H. , Goldenring James R. , Blumberg Richard S. , Lencer Wayne I.
Published: May 2009

The Fc receptor FcRn traffics immunoglobulin G (IgG) in both directions across polarized epithelial cells that line mucosal surfaces, contributing to host defense. We show that FcRn traffics IgG from either apical or basolateral membranes into the recycling endosome (RE), after which the actin motor myosin Vb and the GTPase Rab25 regulate a sorting step that specifies transcytosis without affecting recycling. Another regulatory component of the RE, Rab11a, is dispensable for transcytosis, but regulates recycling to the basolateral membrane only. None of these proteins affect FcRn trafficking away from lysosomes. Thus, FcRn transcytotic and recycling sorting steps are distinct. These results are consistent with a single structurally and functionally heterogeneous RE compartment that traffics FcRn to both cell surfaces while discriminating between recycling and transcytosis pathways polarized in their direction of transport.
Heterochromatin protein 1 is recruited to various types of DNA damage
Authors: Luijsterburg Martijn S. , Dinant Christoffel , Lans Hannes , Stap Jan , Wiernasz Elzbieta , Lagerwerf Saskia , Warmerdam Daniël O. , Lindh Michael , Brink Maartje C. , Dobrucki Jurek W. , Aten Jacob A. , Fousteri Maria I. , Jansen Gert , Dantuma Nico P. , Vermeulen Wim , Mullenders Leon H.F. , Houtsmuller Adriaan B. , Verschure Pernette J. , van Driel Roel
Published: May 2009

Heterochromatin protein 1 (HP1) family members are chromatin-associated proteins involved in transcription, replication, and chromatin organization. We show that HP1 isoforms HP1-α, HP1-β, and HP1-γ are recruited to ultraviolet (UV)-induced DNA damage and double-strand breaks (DSBs) in human cells. This response to DNA damage requires the chromo shadow domain of HP1 and is independent of H3K9 trimethylation and proteins that detect UV damage and DSBs. Loss of HP1 results in high sensitivity to UV light and ionizing radiation in the nematode Caenorhabditis elegans, indicating that HP1 proteins are essential components of DNA damage response (DDR) systems. Analysis of single and double HP1 mutants in nematodes suggests that HP1 homologues have both unique and overlapping functions in the DDR. Our results show that HP1 proteins are important for DNA repair and may function to reorganize chromatin in response to damage.
TIP47 functions in the biogenesis of lipid droplets
Authors: Bulankina Anna V. , Deggerich Anke , Wenzel Dirk , Mutenda Kudzai , Wittmann Julia G. , Rudolph Markus G. , Burger Koert N.J. , Höning Stefan
Published: May 2009

TIP47 (tail-interacting protein of 47 kD) was characterized as a cargo selection device for mannose 6-phosphate receptors (MPRs), directing their transport from endosomes to the trans-Golgi network. In contrast, our current analysis shows that cytosolic TIP47 is not recruited to organelles of the biosynthetic and endocytic pathways. Knockdown of TIP47 expression had no effect on MPR distribution or trafficking and did not affect lysosomal enzyme sorting. Therefore, our data argue against a function of TIP47 as a sorting device. Instead, TIP47 is recruited to lipid droplets (LDs) by an amino-terminal sequence comprising 11-mer repeats. We show that TIP47 has apolipoprotein-like properties and reorganizes liposomes into small lipid discs. Suppression of TIP47 blocked LD maturation and decreased the incorporation of triacylglycerol into LDs. We conclude that TIP47 functions in the biogenesis of LDs.
Revisiting the role of heterochromatin protein 1 in DNA repair
Authors: Ball Alexander R. , Yokomori Kyoko
Published: May 2009

Heterochromatin protein 1 (HP1) is a conserved factor critical for heterochromatin organization and gene silencing. It is recruited to chromatin by its direct interaction with H3K9me (methylated lysine 9 residue of histone H3), an epigenetic mark for silenced chromatin. Now, Luijsterburg et al. (Luijsterburg, M.S., C. Dinant, H. Lans, J. Stap, E. Wiernasz, S. Lagerwerf, D.O. Warmerdam, M. Lindh, M.C. Brink, J.W. Dobrucki, et al. 2009. J. Cell Biol. 185:577–586) reveal a new H3K9me-independent role for HP1 in the DNA damage response, which is distinct from the one recently reported by Ayoub et al. (Ayoub, N., A.D. Jeyasekharan, J.A. Bernal, and A.R. Venkitaraman. 2008. Nature. 453:682–686).
Cellular Mechanisms of Memory: Complex Circuits
Authors: Eichenbaum Howard
Published: May 2009

This chapter reviews recent progress toward a full characterization of one particular form of synaptic plasticity observed in the mammalian brain called long-term potentiation (LTP). LTP can be induced in many brain structures that are involved in memory, and there is substantial evidence that the same cellular mechanisms that mediate LTP are required for lasting memory.
Exploring Declarative Memory Using Animal Models
Authors: Eichenbaum Howard
Published: May 2009

This chapter discusses research in the development of animal models for amnesia. Studies provide compelling evidence for a comprehensive account of the cognitive mechanisms of declarative memory. Various kinds of learning, spatial and nonspatial, simple and complex, can be accomplished independent of the hippocampus in animals, as indeed is the case in human amnesic patients as well. However, the hippocampus is required to link together the representations of overlapping experiences into a relational representation, and supports the flexible and inferential expression of indirect associations among items within the larger organization of linked memories.
Windows into the Workings of Memory
Authors: Eichenbaum Howard
Published: May 2009

This chapter continues the review of hippocampal function in memory by presenting complementary evidence from approaches that involve monitoring the ongoing operation of the human hippocampus and related brain structures during memory performance, providing a virtual “window” into the inner workings of the normal brain. This is accomplished at two levels of analysis: by using functional neuroimaging methods in normal humans and by recording the activity patterns of single neurons in animals.
Multiple Memory Systems in the Brain
Authors: Eichenbaum Howard
Published: May 2009

This chapter reviews studies on multiple memory systems in the brain. These studies show that the hippocampal region mediates memory for adoption of the “place” strategy in a T-maze and expression of episodic memories in rats, and memory for facts and events in humans. The striatum plays a critical role in the learning of habitual behavioral responses as reflected in the “response” strategy in a T-maze and stimulus-approach learning in the radial maze by rats and in probabilistic cue-response associations in humans. Furthermore, these studies have provided compelling evidence that the amygdala is critical to emotional learning, as reflected in the acquisition of cue preferences in rats and conditioned emotional responses in humans. Across all these experiments, a salient theme is that these different forms of memory, even for the identical learning materials, are mediated largely independently and in parallel.
A Brain System for Declarative Memory
Authors: Eichenbaum Howard
Published: May 2009

The hippocampus must be considered in the context of how it performs its functions within the larger system of brain structures of which it is a part. Indeed, the hippocampus is only one of several structures that compose the full brain system that mediates declarative memory. This chapter identifies the main components of this system, outlines the anatomical pathways by which information flows through the system, and characterizes the functional contributions of its different components.
Ecology
Authors: Barnett S. Anthony
Published: May 2009

The “Norway rat” (Rattus norvegicus), known also as the “brown rat” is rivaled as a pest only by the house mouse (Mus domesticus vel musculus) and the “ship” or “black” rat (Rattus rattus). R. norvegicus also displays peculiar features that make it of special interest to both ethologists and experimental psychologists. This chapter provides an overview of the ecology of the wild R. norvegicus.
Pain
Authors: Bars Daniel Le , Cadden Samuel W.
Published: May 2009

This chapter discusses the modeling of human pain in rats. Topics covered include models of chronic pain, behavioral reactions, stimulus and response, requirements for models of nociception, tests based on the measurement of reaction time for escape behavior, test based on the measurement of threshold for escape behavior, and tests based on the observation of behavior.
Orienting and Placing
Authors: Schallert Tim , Woodlee Martin T.
Published: May 2009

This chapter describes behavioral tests that have been useful for examining the potential clinical efficacy of interventions that might be beneficial for neurological disorders. It is important to distinguish whether an intervention promotes brain repair mechanisms, saves cells, enhances motor learning and retraining, or reduces the extent of secondary degeneration of tissue. The chapter includes a subset of sensorimotor tests that are considered to be reliable, sensitive, quantitative, and easy to use in rat neurological models. The tests also cover the range of cellular degeneration typical of focal ischemic injury, nigrostriatal terminal loss, and cervical spinal trauma.
Grooming
Authors: Aldridge J. Wayne
Published: May 2009

This chapter discusses grooming in rats. Topics covered include implications of syntactical grooming for nervous system function, neural substrates for coding of grooming syntax, and role of dopamine in sequential chain grooming.
Locomotion
Authors: Muir Gillian
Published: May 2009

This chapter provides an overview of the current knowledge on the mechanics and neural control of locomotion in the rat and outlines the methods available for measuring locomotor abilities in this species. Topics discussed include the mechanics of locomotion, neural control of locomotion, and measuring locomotion in the laboratory.
Prehension
Authors: Whishaw Ian Q.
Published: May 2009

This chapter discusses the skilled movements of the laboratory rat. Topics covered include limb structure and movement, food handling, sensory control, reaching movements, arpeggio movement, strain differences in skilled movements, and skilled movement in neuroinvestigation and disease.
Orcadian Rhythms
Authors: Antle Michael C. , Mistlberger Ralph E.
Published: May 2009

This chapter discusses circadian rhythms in rats. Topics covered include the measurement and analysis of circadian behavioral rhythmicity, circadian regulation of behavior and physiology, environmental factors that may alter circadian timing, and neural mechanisms of circadian rhythms.
Eating
Authors: Clifton Peter G.
Published: May 2009

This chapter discusses the salient features of rat feeding behavior relevant to laboratory-based studies of this species. Topics covered include lifetime patterns of intake, daily patterns of intake, meal patterns, behavior that anticipates feeding, feeding and the behavior that follows feeding, diet choice, and neophobia and diet variety.
Prenatal Behavior
Authors: Robinson Scott R. , Brumley Michele R.
Published: May 2009

This chapter discusses fetal development in rats. Topics covered include the ecology of fetal development, movement and sensation during prenatal development, fetal action patterns, and proprioceptive stimuli and motor learning. Research has confirmed that behavioral organization, coordinated movement, sensory responsiveness, and learning all can be expressed in the prenatal rat. Study of the rat fetus thus is well situated to complement existing research approaches with adult rats as well as simpler systems to understand basic problems in behavioral neuroscience and neurobehavioral development.
Infancy
Authors: Alberts Jeffrey R.
Published: May 2009

This chapter presents brief overviews of the growth of the Norway rat pup and differentiation of behavioral systems. There follows a kind of “ethogram” of early postnatal behavior in Rattus norvegicus, intended to put into a more natural context some of the processes of sensory and motor development, with an emphasis on information that can be used for designing and interpreting tests with immature rats.
Environment
Authors: Gibb Robbin L
Published: May 2009

This chapter discusses how environmental parameters influence the physiology and behavior of rats and thus the experimental outcome. It considers lighting, humidity, airflow, noise, cage construction, diet, and social opportunity. Maternal influences, age at weaning, animal care, exercise regimens, and enrichment are also discussed. These factors can induce changes in brain weight, cerebral vascularization, adrenal size, and body weight.
Neurological Models
Authors: Kolb Bryan
Published: May 2009

This chapter examines some of the most well-developed models of human neurological disorders that involve the cerebral hemispheres. It discusses cortical organization in rats and models of neurological disorders.
Visual Reflections
Authors: McCloskey Michael
Published: May 2009

How much can we learn about normal visual perception and cognition from a malfunctioning visual system? Quite a lot, as this book makes abundantly clear. This book presents the author's work with AH, who is a college student who has an extraordinary deficit in visual perception. When AH looks at an object, she sees it clearly and identifies it readily; yet she is often dramatically mistaken about where the object is or how it is oriented. For example, she may reach out to grasp an object that she sees on her left, but miss it completely because it is actually on her right; or she may see an arrow pointing up when it is really pointing down. AH's errors, together with many other clues, lead the book to some very interesting conclusions about how we perceive the world. It develops theoretical claims about visual subsystems, the nature of visual location and orientation representations, attention and spatial representations, the role of the visual system in mental imagery, and the levels of the visual system implicated in awareness. This book makes a fascinating and compelling case that we can often learn more about a process when it goes awry than when it functions flawlessly.
Visual Subsystems
Authors: McCloskey Michael
Published: May 2009

This chapter further develops a multiple-subsystems hypothesis positing distinct transient and sustained subsystems in high-level vision, and relates it to knowledge about independent pathways in early vision. It contrasts the transient-sustained hypothesis with the Ungerleider–Mishkin what-where hypothesis and the Milner–Goodale perception-action hypothesis, arguing that AH's results are readily accommodated by the proposal but pose challenges for both the Ungerleider–Mishkin and Milner–Goodale positions. Finally, it shows that the basic findings adduced in support of the what-where and perception-action hypotheses are entirely consistent with assumptions about the functional architecture of the higher-level visual system.
Mental Imagery and the Visual System
Authors: McCloskey Michael
Published: May 2009

This chapter offers a contribution to the body of evidence bearing on the role of the visual system in visual imagery. It reports AH's performance on two imagery tasks, both of which had the same rationale: If visual imagery requires the level(s) of the visual system at which AH's perceptual errors arise, then her visual images, like her perceptions, should misrepresent locations and orientations. Furthermore, the misrepresentations in imagery should take the same form as AH's errors in perception: left-right and up-down reflections. The chapter studies these hypotheses.
Conclusion
Authors: McCloskey Michael
Published: May 2009

This chapter begins by summarizing the principal results and conclusions from the study, and discusses several unanswered questions. It then returns briefly to points made in the introductory chapter about the value of cognitive neuropsychological research and discuss the role of developmental deficits in cognitive neuropsychology. Finally, it provides an update on AH's status since the completion of the study.
Seeing Infectious Disease as Central
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

Only decades ago infectious disease was thought about to become a “closed book,” thanks to developments in sanitation, immunization, and antibiotics, together with other scientific and public health milestones. Bioethics came into being during this period and, as documented in Chapter 4, essentially left considerations about communicable infectious disease out. The book argues throughout that this was a remarkably unfortunate lapse, given the intensified threats of infectious disease both in the developed world and especially as a matter of global health. The book develops what is called the “patient as victim and vector” or PVV view, the bedrock of this book, an augmentation of existing bioethics theory and ethics generally, as a way of dealing with the ethical issues that communicable infectious disease presents in both theory and practice. This is to see communicable infectious disease as central in bioethics generally, not as a rare or peripheral phenomenon but as something basic to the human condition.
The Biological Basics of Infectious Disease
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

Infectious diseases, although they vary substantially in their manifestations and causes, share certain common features that make them distinct and remarkable. These diseases can strike suddenly and unexpectedly, and can affect otherwise healthy people. They can progress swiftly to severe disability and death, but some individuals recover spontaneously and completely. We now know more about the causes and treatment of infectious disease than other diseases and that has led to simple, safe, effective, and relatively inexpensive preventatives and treatments. Many but by no means all infectious diseases are either directly or indirectly transmissible. The chapter introduces and characterizes the microorganisms that cause infectious diseases including parasites, fungi, bacteria, viruses, and prions; describes the alterations in human health and function that occur when these organisms infect us; and explains the ways that infections are transmitted. Familiar examples are chicken pox and giardiasis. Others, of greater global importance, are AIDS, tuberculosis, and malaria. This chapter explores how we acquire and experience infections as victims and how we contribute to their propagation as vectors.
How Infectious Disease Got Left Out of Bioethics
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

This chapter first documents the virtually complete absence of infectious disease examples and concerns at the time bioethics emerged as a field. It then argues that this oversight was not benign by considering two central issues in the field—informed consent and distributive justice—and showing how they might have been framed differently had infectiousness been at the forefront of concern. The solution to this omission might be to apply standard approaches in liberal bioethics, such as autonomy and the harm principle, to infectious examples. It is argued that this is insufficient, however. Taking infectious disease into account requires understanding the patient as victim and as vector. Infectiousness reminds us that as autonomous agents we are both embodied and vulnerable in our relationships with others. The chapter concludes by applying this re-understanding of agency to the examples of informed consent and distributive justice in health care.
The Ethics of Research in Infectious Disease:
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

Research ethics has focused on protecting the autonomy of the individual research subject, insisting on informed consent and a reasonable risk/benefit ratio for a study to be ethical. At the same time, it has largely ignored the situation of the “indirect participant” in research: someone who might be adversely affected by another's participation in a research study. There are many historical examples of this failure: self-experimentation with infectious disease, the Tuskegee syphilis study, and the Willowbrook study of infectious hepatitis, among others. And there are many more contemporary examples, too, such as tests of the oral polio vaccine or of short-course anti-retroviral therapy for HIV+ pregnant women. This chapter argues that risks to indirect participants must be considered in assessing the risk/benefit ratio of study designs. Where there are identifiable indirect participants and risks to them are significant, their informed consent should also be required for participation of the direct subject in research. Where indirect participants cannot easily be identified, but risks may be substantial, the chapter suggest employing models drawn from community consent to conduct of research.
Antimicrobial Resistance
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

Antimicrobial resistance is growing at an alarming rate: reports of extensive multiple-drug resistant tuberculosis (XDR-TB and MDR-TB) and methicillin-resistant Staphylococcus aureus (MRSA) are but two of the most serious examples. Among the many causes of antibiotic resistance are overuse and a failure to complete courses of treatment. This chapter considers how patients, considering themselves as both potential victims and as potential vectors, might take risks of resistance into account in their decisions about treatment. Some analyses of antimicrobial resistance treat it as a tragedy of the commons: of rational individual decisions about use adding up to a catastrophe of overuse. This analysis is incomplete because it fails to take into account the interests of patients who might be victims in practices that continue to make antibiotics available to them. The chapter also suggests the possibility of a small surcharge on antibiotic use in the developing world, to be dedicated to research on new generation antimicrobials, as a reflection of this interest in continued available of therapies for dangerous pathogens.
Compensation and the Victims of Constraint
Authors: Battin Margaret P. , Francis Leslie P. , Jacobson Jay A. , Smith Charles B.
Published: May 2009

When pandemic constraints are imposed, some people will suffer losses, people who might not otherwise have done so. The economic losses of facilities that are used in pandemic emergencies have been addressed by other chapters; this chapter considers losses faced by individuals who are required to stay at home to avoid disease transmission. It argues that the costs they bear result from social choices that are aimed to benefit everyone by reducing the risks of disease transmission. In such cases, reciprocity requires compensation to the extent possible, for losses such as wages, exacerbation of disease conditions, or exposure to the risks of disease from activities such as home care for ill family members who cannot be accommodated in overwhelmed health care facilities.
5 The Vanguard
Authors: Johnson David T. , Zimring Franklin E.
Published: May 2009

In South Korea and Taiwan, capital punishment has been highly open to change during the development and democratization processes, and its importance in those societies has been deeply political and symbolic. But the death penalty in these two jurisdictions can hardly be called a minor institution with “minuscule impact,” for democratic transitions in both places have pivoted on the imperative of distancing the present from a past in which capital punishment was a familiar feature of law and politics. This chapter and the next focus on two central questions. First, what explains the rapid decline of capital punishment in South Korea and Taiwan during the last decade and the purposeful pursuit of abolition in both places? And second, to what extent will South Korea and Taiwan become an Asian vanguard, leading other jurisdictions in the region on the road to life without the death penalty?
CHAPTER 5 Some Logical Properties of Natural Language Quantifiers
Authors: Keenan Edward L.
Published: May 2009

This chapter discusses the local and global properties of English quantifiers. The local properties of English quantifiers include the noun property, the three semantic classes of determiners (Dets), generalizing Dets and Determiner Phrases (DPs), and non‐logical Dets. The global properties of English quantifiers include global logicality and first‐order definability.
CHAPTER 9 Reference, Inference, and the Semantics of Pejoratives
Authors: Williamson Timothy
Published: May 2009

This chapter argues that Dummett's inferentialist account of pejoratives in natural language is quite mistaken, and provides an alternative account within the framework of referentialist semantics. Little is said explicitly about the overall upshot for the inferentialist‐referentialist debate, the terms of which may be too inchoate for fruitful engagement at that level of abstraction. However, an issue will tentatively be raised about the bearing of pejoratives on another vexed and programmatic debate, that over the relative priority of language and thought.
CHAPTER 10 Frege's Hierarchy
Authors: Peacocke Christopher
Published: May 2009

This chapter discusses the Fregean hierarchy of senses. A resolution of issues about the hierarchy of senses turns on the resolution of a series of issues of much wider significance in the theory of thought, in epistemology, in metaphysics, and in the philosophy of mind. The acceptability and nature of a Fregean hierarchy of senses involves the correct way of conceiving of the relation between sense and reference. It involves some conception of how thinkers are capable of thinking of abstract objects like senses and Thoughts. Since the hierarchy in turn bears upon issues about thinking about Thoughts, resolutions of these issues also have ramifications in the philosophy of mind for what is involved in the ascription of attitudes to oneself and to others. Correspondingly, evidence drawn from these various areas is pertinent to the assessment of treatments of the Fregean hierarchy.
CHAPTER 11 Directing Intentions
Authors: Perry John
Published: May 2009

Kaplan finds demonstratives puzzling. He offers only one theory of indexicals; once the right distinctions are made, the facts about the semantics of indexicals are “obvious and incontrovertible.” The case is otherwise with demonstratives. He says at the end of his discussion in “Afterthoughts”: “There is something I'm not understanding here, and it may be something very fundamental about the subject matter of logic.” This chapter develops a version of Kaplan's Directing Intentions Theory and argues in its favor, and indicates how this version might help with the logical problems that vex Kaplan.
The Role of Science in Law
Authors: Feldman Robin
Published: May 2009

The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society that we crave. We continually look to science to rescue us from the discomfort of difficult legal decisions, and we are constantly disappointed. The powerful allure of science flows in part from our distress over the imperfections of law. With 20th-century legal theory ringing in our ears, it is tempting to see law as a hopeless enterprise, distorted by biases, hampered by ineptitude, and cluttered with contradictions. Anything deconstructed loses power, although ultimately, the instinct to deconstruct everything loses power, itself, by leaving nothing. Nevertheless, with these critical perspectives in mind, the call of science is particularly strong. This book traces the interrelation of law and science, analyzing law's attempts to import science into law and attempts to export law's problems to science. Though most authors frame problems at the intersection of law and science in terms of how rapidly scientific information changes and how frequently the legal system distorts science, this book argues that problems at the intersection of law and science flow not from the changing nature of science but from the changing nature of law. With this in mind, the book uses examples from doctrines related to abortion, gene patenting, copyright, environmental regulation, antitrust law, the insanity defense, and other topics to explore the nature of law and to suggest approaches for making science work more effectively within the domain of law. Most important, the book argues that we are unlikely to avoid the cycles of exaltation and disappointment unless we are willing to relinquish the desire for completion and perfection in law.
The Allure of Science
Authors: Feldman Robin
Published: May 2009

This chapter begins with a brief discussion of the legal profession's fascination with science. It then cites law's attempts to solve problems through science, which are frequently unsuccessful. Core problems at the intersection of law and science flow not from the changing nature of science but from the changing nature of law. An overview of the subsequent chapters is presented.
Internationalization of Science in Modern Law
Authors: Feldman Robin
Published: May 2009

This chapter describes the internalization of science in modern law. It begins by examining internalization of scientific markers in abortion cases and law's reluctance to abandon those markers as they prove inadequate for resolving the issues. It then examines the use of scientific lines in Internet searching cases and the inevitable failure of the technical distinctions chosen. Finally, it explores the example described above concerning gene patent cases.
Externalization in Modern Law
Authors: Feldman Robin
Published: May 2009

This chapter explores examples of externalization, in which modern law tries to outsource its dilemmas to experts. It begins by examining a 2006 Supreme Court decision concerning property rights and environmental law. Justice Kennedy's concurring opinion in that case provides a classic example of trying to resolve a legal problem by calling for experts to parse through scientific distinctions, when those distinctions were beside the point in the case. The chapter then examines debates in modern antitrust law between Chicago School and post-Chicago scholars, which reflect concerns over whether courts have the ability to apply sophisticated economic analysis. The battle lines in these debates do not necessarily fall where one would expect.
The Repetitions of History
Authors: Feldman Robin
Published: May 2009

This chapter traces the instinct to reach for science in American legal doctrine back through the 1800s. It examines both the more formal legal theory movements as well as individual doctrinal moments in which American law reaches for science in an attempt to solve its problems and is disappointed when the solution fails to live up to its promise. The chapter begins by describing various attempts to reconceptualise law as a science in the pre-Civil War period and the failure of those attempts in the wake of the Civil War. It then describes reinvigoration of the “law as science” idea in the 1870s as Christopher Langdell popularizes the notion, leaving an enduring mark on American legal education. The chapter turns to individual doctrinal moments in which American law has reached for science to solve intractable problems and is subsequently disappointed. The examples explored include criminal law doctrines related to finding a defendant not guilty by reason of insanity, civil law doctrines related to the best interests of the child in custody cases, the Supreme Court's desegregation decision in Brown v. Board of Education, the Learned Hand test for negligence liability in tort law, and rate setting in public utility regulation.
The Nature of Law
Authors: Feldman Robin
Published: May 2009

This chapter addresses the nature of law. It explores the way in which societal change and human nature drive law toward the open spaces created by existing doctrinal structures. It considers and rejects the notion that law related to technology might require a different role for science. It then compares the process of patent interpretation to constitutional interpretation, noting that in both settings, the law is trying to interpret the extent of rights granted with a document in the context of rapidly changing meaning and knowledge. The chapter describes the process of law as an expression of Bounded Adaptation in which those adaptations are evaluated within the prevailing norms of the relevant sphere of acceptance. It concludes by exploring how internalization and externalization of science are ill suited to law's process of adaptation.
What is Science?
Authors: Feldman Robin
Published: May 2009

This chapter highlights key moments in which science emerges and separates from other types of intellectual inquiry. In particular, it focuses on three periods of history that are critical to the development of the law/science relationship: ancient Greece, the Scientific Revolution in Europe, and 20th-century reevaluations of the meaning of science. In highly simplified form, what we think of as science today begins its history deeply entwined with philosophy and theology.
Misunderstanding the Limits of Science
Authors: Feldman Robin
Published: May 2009

This chapter explains that the revolution in modern views of science has gone largely unnoticed in law. It discusses how our failure to understand the limitations of science creates distortions in the legal system as we forge ahead trying to let science solve our problems. In this context, the chapter looks at past misuse of scientific or pseudo-scientific evidence as well as the potential for future misuse of evidence related to modern technologies such as fMRI. Specifically, this chapter looks at misuse of science in the well-known school desegregation case Brown v. Board of Education, in labor law, in cases related to the size of the jury, and in the admissibility standard for expert testimony. It also describes the value of including social science in the category of the sciences for which we reach in law. This grouping is important for understanding the instinct within law to look for the “authoritative other,” something external to law that we interpret as having superior reliability.
Improving the Role of Science in Law
Authors: Feldman Robin
Published: May 2009

Despite the many times that the law has stumbled in its interactions with science, there are examples where the law has gotten it right. This chapter describes some of these examples, using them to help craft a more effective role for science in law. In particular, the chapter looks at examples from laws related to the civil commitment of children and to paternity. It also suggests four approaches to help avoid the repeated pattern of failure: operating within law's parameters, using science for testing and transformation, protecting the structure of the dialogue, and embracing imperfection. In particular, this chapter describes how current problems in the Federal Circuit were structurally predictable, argues against specialized tribunals, and recommends the implementation of Plain Language Patents. This chapter also applies the logic suggested to the problem of pay-for-delay settlements between pharmaceutical companies and generic drug companies under the Hatch-Waxman Act.
Conclusion
Authors: Feldman Robin
Published: May 2009

This chapter presents some concluding thoughts from the author. It argues that perpetual forays to find better law through science are incapable of solving law's frustrations, but they do create distortions in the legal realm. When the legal system relies on science for crafting rules, those rules lack the flexibility and dexterity necessary for effective participation in the process of legal evolution. Moreover, relying on science creates the illusion of reasonable resolution and masks a failure to resolve the issues at hand or to take responsibility for the decisions we have made. However, if we can adjust our vision of both law and science, we may be able to recognize that law has no need of rescue and that science can never be a knight in shining armor. Law's answers, as imperfect as they are, must be developed within law itself.
2 The Self‐Interest‐Based Contractarian Response to the Skeptic
Authors: Superson Anita M.
Published: May 2009

This chapter examines the self‐interest based contractarian response to the skeptic. Such contractarians (e.g., Gauthier) reject the Hobbesian strategy of demonstrating that every morally required action is rationally required because it is in the agent's self‐interest, and aim to defeat the skeptic by showing that it is rationally required because in the agent's self‐interest to adopt a moral disposition. But then they must demonstrate the rationality of morally required actions expressing the disposition. They might defend either the Dependency Thesis, according to which the rationality of morally required acts depends on the rationality of the disposition they express, or the Independency Thesis, according to which the rationality of morally required acts is independent of the disposition they express. This chapter argues that neither view offers a successful defeat of action skepticism, and raises questions about the traditional skeptic concerning expected utility and action skepticism.
8 The Interdependency Thesis
Authors: Superson Anita M.
Published: May 2009

This chapter defends the Interdependency Thesis, according to which we assess the rationality of an agent's actions not independently of the agent who performs them, but as actions performed by a certain kind of agent—we assess the rationality of dispositions and actions jointly. It defends an alternative model of rationality to expected utility that relies on various levels of consistency, primarily in the sense of coherence existing between an agent's reasons for adopting a moral disposition, the argument for the moral theory or set of principles the agent adopts which relies on the Kantian notion of the equal worth of persons, the agent's reasons for acting, and the agent's desire to be a moral person as reflected in the maxim the agent adopts. Establishing both the Interdependency Thesis and either the rationality of being morally disposed or acting morally defeats both disposition and action skepticism at once.
Double Tax Treaties: An Introduction
Authors: Avi-Yonah Reuven S.
Published: May 2009

This chapter discusses double taxation treaties (DTTs). The existing network of more than 2,500 bilateral DTTs represents an important part of international law. Current DTTs are all based on two models, the Organization for Economic Co-operation and Development (OECD) and United Nations (UN) model DTTs, which in turn are based on models developed by the League of Nations between 1927 and 1946. All DTTs are remarkably similar in the topics covered (even the order of articles are always the same) and in their language. About 75% of the actual words of any given DTT are identical with the words of any other DTT. Thus, the DTT network is the most important element of the international tax regime, that is, the generally applicable rules governing income taxation of cross-border transactions.
The Impact of Bilateral Investment Treaties on Foreign Direct Investment
Authors: Egger Peter , Pfaffermayr Michael
Published: May 2009

This chapter conducts an empirical assessment of the impact of BITs on FDI stocks. It estimates several variants of the knowledge-capital model of multinational enterprises (MNEs) using the largest available panel of outward FDI stocks provided by the Organization for Economic Cooperation and Development (OECD), which contains FDI of OECD countries into both OECD and non-OECD economies. It shows significant and positive impact of ratified BITs throughout. The estimated effect of BITs on real outward FDI stocks amounts to about 30% in the preferred specification. The chapter also looks at whether simply signing a BIT will have a positive anticipation effect. It finds a positive impact from signing a treaty, although its magnitude is smaller than that associated with the ratification of an existing treaty. However, the estimated anticipation effect is insignificant, in most specifications, leading the conclusion that the advantages to simply signing a BIT are inconsequential.
The Global BITs Regime and the Domestic Environment for Investment
Authors: Rose-Ackerman Susan
Published: May 2009

This chapter examines the impact of bilateral investment treaties (BITs) on foreign direct investment (FDI). It introduces the basic theoretical framework developed in Bubb and Rose-Ackerman (2007) and in Tobin and Rose-Ackerman (2008), and then summarizes the empirical finding of Tobin and Rose-Ackerman. It offers some thoughts on the rise of the BITs regime and its implications for the possibility of a Multilateral Investment Agreement. The chapter shows that BITs have a positive impact on FDI flows to developing countries, but only in interaction with the political and economic environment for investment.
Do Bilateral Investment Treaties Attract FDI? Only a Bit … and They Could Bite
Authors: Hallward-Driemeier Mary
Published: May 2009

This chapter addresses the question of whether bilateral investment treaties (BITs) attract foreign direct investment (FDI). Analysis of twenty years of bilateral FDI flows from the Organization for Economic Cooperation and Development (OECD) to developing countries finds little evidence that BITs have stimulated additional investment. Those countries with weak domestic institutions, including protection of property, have not received significant additional benefits: a BIT has not acted as a substitute for broader domestic reform. Rather, those countries that are reforming and already have reasonably strong domestic institutions are most likely to gain from ratifying a treaty. That BITs act as more of a complement to than a substitute for domestic institutions means that those that are benefiting from them are arguably the least in need of a BIT to signal the quality of their property rights.
Why Do Developing Countries Sign BITs?
Authors: Swenson Deborah L.
Published: May 2009

This chapter examines the correlation between previous foreign investment and the signing of bilateral investment treaties (BITs) to explore whether there is any evidence that the signing of BITs is investor-driven. It also looks at how BITs affect the flow of investments between countries when a wide range of controls for the economic environment, such as home and host GDP, wage rates, and risk measures are considered. The chapter identifies two factors that are likely to influence the observed benefits of country decisions to enter into BITs. First, although treaties are viewed as forward-looking tools that are signed to gain future investments, treaty signing also has a backward-looking element. In particular, countries that had already received larger stocks of foreign investment are more likely to sign BITs than countries that had been less successful in attracting foreign investment. This result suggests that the interest of exiting foreign investors drove the signing of BITs, at least in part. The second conclusion of this chapter is that controls for timing, intrinsic country attractiveness, and investor identity are all important. When these issues are addressed, BIT signing did help developing countries attract a larger volume of foreign investment.
Do Bilateral Tax Treaties Promote Foreign Direct Investment?
Authors: Blonigen Bruce A. , Davies Ronald B.
Published: May 2009

This chapter provides some evidence on the effect of bilateral tax treaties on foreign direct investment (FDI) activity. Using Organization for Economic Cooperation and Development's (OECD) data, it shows that new treaty activity (during the 1983–1992 period) suggests strong negative impacts on FDI. Despite the positive correlation in the case of much older treaties, this evidence cannot be weighed heavily since FDI activity before these treaties were in place cannot be observed. The results are consistent with previous work by Blonigen and Davies (2001) using only U.S. data. Thus, in conjunction with this earlier work, the results cast doubt upon the FDI promotion rationale for treaty formation, which stands in contrast to the conventional wisdom among many economists and lawyers.