bluuebunny/crossref_metadata_2025 huggingface dataset:
Germanistik in Lateinamerika (Argentinien): Zwischen Überlebenskampf und neuen Herausforderungen zu Beginn des 21. Jahrhunderts1
Authors: Moser Karolin
Published: October 2015

Using Argentina as representative for Latin America, this essay lays out the situation of German instruction at the post‐secondary level. A general description of German curricula at Argentinian universities is provided, with special emphasis on the Universidad Nacional de Córdoba, one of the most important universities in providing translators, teachers and researchers. Since the number of students has been in steady decline, the author proposes changes in university curricula and in the administrative policies of German‐language schools. Latin American Germanists are encouraged to make more use of their out‐standing comparative perspective on the field, an advantage which may also be applied to undergraduate curricula. Finally, more exchange could take place concerning research in Germany, Latin America and between (Latin) American countries.
Artefacts and collectors in the tropics of North Queensland
Authors: Erckenbrecht Corinna , Fuary Maureen , Greer Shelley , Henry Rosita , McGregor Russell , Wood Michael
Published: October 2015

This paper outlines some of the ways early artefact collecting contributed to the definition of the Australian region now known and marketed as the ‘World Heritage Wet Tropics’. While others have collected in this region, we focus on the collecting activities of Hermann Klaatsch and the work of Norman Tindale to explore some factors that contributed to their claims that certain artefacts represent a region and its history. We argue that these understandings of region and the past, along with the now widely dispersed artefacts, maintain a lively, albeit transformed, presence in current debates about Aboriginal regional culture, linking assertions of rights to lost and stolen cultural property with notions of large‐scale environmental management within the ‘Wet Tropics’.
A Reconsideration of Consolidation Accounting Requirements and Pre‐acquisition Dividends
Authors: Knapp Jeffrey
Published: October 2015

This article considers the consolidation accounting consequences of the International Accounting Standards Board's decision to replace the cost method of accounting for investments in subsidiaries with a new model that requires the recognition of dividend revenue for distributions received or receivable from pre‐acquisition profits. The article shows that the recognition of pre‐acquisition dividends as revenue with a potential indication of impairment causes problems to consolidation accounting procedures and may reduce the information content of consolidated financial statements. The highlighted problems relate to the elimination of the investment asset against the equity of the subsidiary and the definition and measurement of non‐controlling interest. A review of the due process relevant to the replacement of the cost method indicates that the standard setter may have paid insufficient regard to accounting concepts and principles.
Market Approaches to Water Allocation: Lessons from Latin America
Authors: Bauer Carl
Published: October 2015

Latin American experiences with water markets offer lessons to the U.S. because they have emerged in different political and economic contexts. The Western U.S. experience has been longer and has defined some of the world's classic cases of market allocation of water. These cases, however, have been driven by domestic factors and have evolved within domestic social and institutional contexts, which are easy for people in the U.S. to take for granted. Looking at Chile and Mexico can help us see Western U.S. water allocation with fresh eyes. These Latin American cases have been strongly influenced by international theories and policy debates, forcing the question of how to adapt foreign ideas to local realities. The Chilean case in particular shows the strong relationship between market approaches and institutions for water governance and sustainability. A comparative perspective might help loosen the gridlock that characterizes many Western U.S. water problems.
The First Interior? Reconsidering the Cave
Authors: Huppatz D.J.
Published: October 2015

As a relatively new conceptual narrative, the history of interior design has various potential starting points. Thus far, interior design histories have followed either art, architectural or decorative arts histories in order to establish a coherent, progressive narrative that might both contextualize and frame possibilities for contemporary practice. While older historical surveys of the discipline typically located the origins of interior design in ancient civilizations such as Greece or Rome, recent historical surveys have followed an art historical convention in locating the origins of interior design in the Paleolithic caves of Europe. This paper contains a review of literature on the beginnings of interior design's historical narrative, as well as a reconsideration of the cave as a conceptual foundation for interior design theory and practice. The Paleolithic cave is here re–evaluated as both an historical origin that distinguishes interior design history from architectural and art history, and as a speculative, theoretical space rich with possibilities.
Working as One: Creative Teams and Outside Agencies
Authors: Bethge Beverly , Faust William
Published: October 2015

Too often, the relationship between in‐house creative team and outside design agency is one of mistrust, competition, and anxiety. But this can be avoided, to the betterment of both. Here are seven best practices to make your collaboration a win‐win proposition.
From Economy of Commodities to Economy of Ideas: Hardware as Social Medium
Authors: Ilan Ziv Bar
Published: October 2015

As we move further into the new century, we see that new methods of production and design are creating new markets that require new business models and approaches. Do it yourself is the spirit of the age. Welcome to Zoybar, an open R&D lab for academic, hobbyist, and commercial developers of new musical instruments.
Leading the Market with Design Thinking and Sensibility
Authors: Kim Bo Young , Baek Joon Hye
Published: October 2015

LG Hausys is all about the future. Research into global trends to anticipate customer needs and desires, an idea bank, group genius days, and an incubating system reflect a corporate culture that values design.
Three Common Misconceptions About Markets (or Why Earnings Smoothing, Guidance, and Concern About Meeting Consensus Estimates are Likely to be Counterproductive)
Authors: Koller Tim , Jiang Bin , Raj Rishi
Published: October 2015

Although many executives strive for stable earnings growth, finance theory and research have long suggested that the most sophisticated investors aren't especially concerned about “normal” levels of variability in reported earnings. More recent research by the authors and their McKinsey colleagues also suggests that extraordinary efforts to achieve steady growth in earnings per share quarter after quarter aren't worthwhile and may actually hurt the companies that undertake them. While such efforts to smooth earnings involve real costs, the research finds no meaningful relationship between earnings variability and valuation multiples or shareholder returns.

Based on these findings, as well as considerable experience in advising companies, the authors offer the following advice to senior executives:

Managers shouldn't shape their earnings targets or budgets just to meet consensus estimates. Companies that reduce spending on product development, sales and marketing, or other contributors to long‐term growth are sacrificing long‐term performance for the appearance of short‐term strength.

As the year progresses, managers should likewise avoid costly, shortsighted actions to meet the consensus. Resist the temptation to offer customers end‐of‐year discounts to boost current‐year sales, or to resort to creative accounting with accruals. Investors recognize these for what they are: borrowing from next year's earnings.

Finally, companies should reconsider the practice of quarterly earnings guidance. Instead of providing frequent earnings guidance, companies should design their investor communication policies to help the market to understand their strategy, the underlying value drivers of their business, and the most important risks associated with the business—in short, to understand the long‐term health and value of the enterprise.
How to Create Value Without Earnings: The Case of Amazon
Authors: Tarasoff Josh , McCormack John
Published: October 2015

Investors and commentators often equate GAAP accounting metrics, especially earnings per share, with financial success. The reality, however, is that there is no simple, linear relationship between GAAP earnings and intrinsic value, which is defined as the present value of expected future cash flows. And adjustments of GAAP metrics, though admittedly subjective, are often required to understand the economic reality of a business.

http://Amazon.com Inc. provides a case study that throws into sharp relief the need to look beyond GAAP in order to analyze underlying fundamentals and value. In this paper, the authors argue that Amazon has done a superb job of building shareholder wealth, all the while reporting low and declining operating and net income margins. The article provides a framework for thinking about Amazon's underlying profitability that is based on the concept of return on capital in relation to the cost of capital, and shows how that profitability has been masked by GAAP accounting. The authors demonstrate that the company is now investing very large amounts of capital with the expectation of earning rates of return well above its cost of capital. And their analysis suggests that if such investment can continue over the long term, Amazon's current market value of $140 billion can be readily justified.
Third Annual Program for Financial Studies Conference Columbia Business School: Navigating the Changing Landscape of Finance
Authors: Gorman James
Published: October 2015

In this edited transcript of his keynote address at Columbia Business School's Third Annual Financial Studies Conference, the Chairman and CEO of Morgan Stanley begins by tracing the origins of the 2008 financial crisis to the overleveraging of bank balance sheets that were filled with risky and illiquid assets. With the leverage of most large banks rising well above 30 times, reductions in asset values of as little as 3% would have been enough to wipe out their capital. And as the value of the assets began to be questioned, so was the banks' ability to roll over their short‐term debt.

Contrary to the popular perception, however, the fundamental problem with U.S. banks had almost nothing to with their size, or their complexity. It was in fact the smallest of the large U.S. financial institutions that got into the most trouble—while the largest, JPMorgan Chase, saw the least destruction of value during the crisis. What's more, U.S. banks are relatively small and focused compared to the large universal banks and highly concentrated banking systems that dominate most of the world's developed economies. Complexity itself was not really the culprit either. Some complex banks managed their risks effectively, while many conventional deposit‐takers and lenders failed, reflecting significant differences in the quality and judgment of management.

The response of the U.S. government to the crisis, mainly in the form of TARP, proved highly effective in limiting the damage to banks and the global economy. And to reduce the probability of a future banking crisis, U.S. regulators are now well along in implementing a new three‐part regulatory model that consists of the following: (1) significantly higher capital and liquidity requirements that are designed to keep banks from getting into financial trouble; (2) annual report cards called “CCARs” (Comprehensive Review and Analysis) for all banks deemed “systemically important” in which bank balance sheets are subjected to “stress tests” involving scenarios worse than the recent crisis; and (3) “resolution plans” for reorganizing banks that get into trouble and whose capital ratios fall below acceptable levels.

Thanks to such regulatory changes, and to the response of most financial institutions to them, the U.S. financial system has been restored to stability. In the case of Morgan Stanley, during the post‐crisis period in which the firm's total assets have been cut by more than a third (from $1.25 trillion to $800 billion), liquid assets have more than doubled (from $80 billion to $180 billion), capital has doubled (from $30 billion to $62 billion), and leverage has been reduced from 35 times to 12 times. At the same time, the firm has shut down proprietary trading and other risky principal businesses while investing heavily in and expanding its most stable business—wealth management—which is expected to account for over 50% of its revenue and profits going forward.
Do Trading and Power Operations Mix?
Authors: Parsons John E.
Published: October 2015

The author uses the case of Constellation Energy to show the challenges, and pitfalls, of running an energy and power trading unit as a profit center within a large power company. Sophisticated trading and risk management operations do play important supporting roles in power companies that face competitive wholesale markets. The complicated dynamics of power prices and the complex operations of generation assets and supply obligations require careful assessment of risks and returns. Trading operations can help extract more value from physical assets and supply obligations.

But problems are bound to arise when companies attempt to manage the trading function as a stand‐alone profit center. Determining the amount of capital required for proprietary trading portfolios and other elements of trading businesses is complicated. It is easy to underestimate the capital required and so exaggerate the profitability of trading. When profit center trading operations share a balance sheet with other business units—especially units with physical assets like generation—the natural tendency is for the trading operation to piggyback on the capital of the other units. The actual amount of capital consumed becomes apparent only in times of crisis. We have seen this mistake made repeatedly in the short history of trading operations in U.S. power companies. Only truly independent trading operations, with their own balance sheets, can be evaluated clearly and held accountable.
Hedge Fund Involvement in Convertible Securities
Authors: Brown Stephen J. , Grundy Bruce D. , Lewis Craig M. , Verwijmeren Patrick
Published: October 2015

Convertible arbitrage hedge funds combine long positions in convertible securities with short positions in the underlying stock. In effect, hedge funds use their knowledge of the borrowing and short‐sale market to hedge themselves while distributing equity exposure to a large number of well‐diversified investors through their short positions.

The authors argue that many “would‐be” equity issuers that would otherwise pay high costs in a secondary equity issue choose instead to issue convertible debt to hedge funds that in turn distribute equity exposure to institutional investors. This allows companies to receive “equity‐like” financing today at lower cost than a secondary equity offering. The authors' findings also suggest that more convertibles will be privately placed with hedge funds when issuer and market conditions suggest that shorting costs will be lower.
Evidence from German Companies of Effects of Corporate Risk Management on Capital Structure Decisions
Authors: Bock Julita M.
Published: October 2015

The author investigates the interaction between risk management and capital structure among publicly listed German companies. By surveying executives at these companies, she computes a risk management score for each company indicating the extent of risk management practices. The scores reflect not only the companies' use of derivatives and “at‐risk” ratios, but also the respondents' assessments of how well risk management has been integrated into existing corporate processes.

Some results, though not all, are consistent with finance theory. Most important, companies with more extensive risk management activities have higher debt ratios and lower interest coverage ratios. At the same time, such companies also exhibit lower volatility of cash flow, sales, EBIT, and net income, which helps explain their ability to service more debt. And, finally, companies with more extensive—and, according to their responding executives, more effective—risk management also tend to be larger, have longer debt maturities, lower average costs of debt, and have more tangible assets.
Mechanisms of Board Turnover: Evidence From Backdating
Authors: Bereskin Frederick L. , Smith Clifford W.
Published: October 2015

Regulators and governance scholars often regard the high rates of reelection among those nominated for boards of directors (and the small percentage of nominated directors who lose elections) as persuasive evidence of limited shareholder power. To correct this perceived imbalance against shareholders, some corporate governance advocates have undertaken a number of efforts to reform the director election system, most recently by proposing “proxy access” regulation to facilitate contested board elections.

The authors take a close look at the board turnover within companies implicated in stock‐option backdating to assess the effectiveness of board elections. What they find is that, despite high reelection rates among nominated directors, board turnover is in fact substantial—but it takes place almost entirely before the board elections. Because of the apparently high costs associated with losing such an election, board nominees generally are not renominated for election (or reelection) unless success is quite likely. And whereas independent directors generally leave boards by not being renominated, management directors generally resign.

For this reason, reelection rates tell us very little about the effectiveness of shareholder voting. But what the authors' findings do show is that directors involved in stock‐option backdating experience reductions in both the number and prestige of their future directorships. Thus, the authors' findings suggest that the board of director election process functions more effectively than shareholder advocates typically claim, that criticism of the responsiveness of the board‐election process to shareholder interests is overstated, and that reform efforts are therefore likely to be misplaced.
2013 Nobel Prize Revisited: Do Shiller's Models Really Have Predictive Power?
Authors: Kantor Brian , Holdsworth Christopher
Published: October 2015

The authors take a critical view of the investment approach advocated by recent Nobel laureate Robert Shiller. A critic of efficient markets theory, Shiller has proposed that investors, when attempting to determine whether the S&P Index is under‐ or overvalued, should use a P/E ratio whose denominator is the 120‐month moving average of the company's EPS. But the authors find that such an approach does not provide consistently superior insights to those provided by conventional PEs—and that, for example, the use of both conventional and Shiller PE multiples would have indicated a highly overvalued S&P not only in early 2000—before the bursting of the dotcom bubble—but also in 1996, when Fed Governor Greenspan spoke prematurely of “irrational exuberance.”

The authors also show that both the Shiller PE and the conventional PE ratios fail a critical statistical test: they are not mean‐reverting—and as a consequence, both ratios can be expected to indicate either undervaluation or overvaluation for very long periods of time. Complicating matters, current earnings are useful to investors in predicting future stock prices only insofar as they provide a reliable guide to future earnings and cash flows. And as one would expect in competitive capital markets, even perfect foreknowledge of future earnings is not likely to be much help since, according to the authors' analysis, five‐year earnings explain on average less than 20% of the variation in prices over consecutive five‐year periods.
Valuation Weights, Linear Dynamics and Accounting Conservatism: An Empirical Analysis
Authors: Ashton David , Wang Pengguo
Published: October 2015

Residual income models provide an important theoretical link between equity valuation and financial statement variables. While various researchers have developed models of how accounting policy impacts on the structure of these models, empirical support for these models is at best weak and frequently contradictory. In this paper, we develop an analytical model, which identifies the dependency between valuation weights in residual income models and the associated structure of earnings information dynamics and accounting conservatism. In contrast to many earlier studies, we find strong evidence of conservatism in our reformulation of the linear dynamics. We proceed to test our predictions of the dependency of the weights on two measures of conservatism, the conventional measure of price‐to‐book ratio and the recent measure of a C‐Score index developed by Khan and Watts (2009) and find that the empirical results accord well with our theoretical predictions in the case of the former but not the latter measure.
Why Firms Do Not Pay Dividends: The Canadian Experience
Authors: Baker H. Kent , Chang Bin , Dutta Shantanu , Saadi Samir
Published: October 2015

Abstract:  We use a survey approach to investigate the factors leading to the decision not to pay cash dividends in Canada. Our results show that Canadian managers perceive growth opportunities, low profitability and cash constraints as the major reasons underlying a firm's decision not to pay dividends. Questionnaire results also show that, for non‐dividend‐paying firms, taxation is at best a second‐order determinant of dividend policy and that stock repurchases are not substitutes for dividends. Finally, our findings are inconclusive regarding managers’ views on the relationship between dividend policy and stock prices and the signaling role of dividend policy.
Constructing and Testing Alternative Versions of the Fama–French and Carhart Models in the UK
Authors: Gregory Alan , Tharyan Rajesh , Christidis Angela
Published: October 2015

This paper constructs and tests alternative versions of the Fama–French and Carhart models for the UK market with the purpose of providing guidance for researchers interested in asset pricing and event studies. We conduct a comprehensive analysis of such models, forming risk factors using approaches advanced in the recent literature including value‐weighted factor components and various decompositions of the risk factors. We also test whether such factor models can at least explain the returns of large firms. We find that versions of the four‐factor model using decomposed and value‐weighted factor components are able to explain the cross‐section of returns in large firms or in portfolios without extreme momentum exposures. However, we do not find that risk factors are consistently and reliably priced.
The Unintended Consequences of High Expectations and Pressure on New CEOs
Authors: Krieger Kevin , Ang James S.
Published: October 2015

We provide empirical tests of a general version of targeting theory that greater scrutiny could lead to executive abuses. Our results show that new CEOs under higher expectations or pressure are more likely to report meeting analyst forecasts; however, this apparent superior performance dissipates after excluding firms having characteristics synonymous with earnings manipulation. We find evidence that new CEOs under greater pressure are considerably more likely to engage in manipulation while the link between expectations and manipulation is much weaker. The results are strongest for new CEOs whose firms report meeting forecasts and do not “walk down” earnings estimates.
Click Here to Print a Maker Movement Supply Chain: How Invention and Entrepreneurship Will Disrupt Supply Chain Design
Authors: Waller Matthew A. , Fawcett Stanley E.
Published: October 2015

Emerging technologies such as 3D printing promise to transform supply chain design and management. As these new technologies enable inventors to become entrepreneurs, new product introduction cycle times are being reduced and the variety of new products that are introduced through short channels of distribution is increasing. We show that these disruptive forces are growing and may have significant implications for practice, research, and teaching in supply chain management. We identify and elaborate important research questions, calling for theory‐driven research to explain and predict how these phenomena will impact supply chain management.
Pre‐ and post‐treatment experiences of fear, anxiety, and pain among chronic periodontitis patients treated by scaling and root planing per quadrant versus one‐stage full‐mouth disinfection: a 6‐month randomized controlled clinical trial
Authors: Santuchi Camila Carvalho , Cortelli Sheila Cavalca , Cortelli José Roberto , Cota Luís Otávio Miranda , Alencar Camila Oliveira , Costa Fernando Oliveira
Published: October 2015

Aim

To relate the clinical effects of two different forms of non‐surgical periodontal therapy – scaling and root planing per quadrant (SRP‐Q) and one‐stage full‐mouth disinfection (FMD) – to patient‐based outcomes such as fear, anxiety, and pain of moderate chronic periodontitis patients.

Methods

Dental Fear Survey (DFS) and Dental Anxiety Scale (DAS) questionnaires and Visual Analogue Scale (VAS) were applied to 78 patients randomized into two groups: SRP‐Q (n = 37) and FMD (n = 41). Periodontal clinical parameters: probing pocket depth (PD), clinical attachment level (CAL), plaque index (PI), and gingival index (GI) were monitored at baseline and 6 months after treatment. Data were statistically analysed by chi‐square, Fisher's exact, Mann–Whitney, Wilcoxon tests, Pearson's correlation, and Cluster analysis.

Results

All periodontal clinical parameters improved from baseline to 6 months. Patients with higher fear and anxiety showed a worse clinical periodontal status before and after treatment (mean CAL, PI, and GI). After both types of treatment, fear and anxiety decreased (FMD: p = 0.019; SRP‐Q: p = 0.043) with no differences between the groups. Pain did not differ between groups (FMD: 20.6 ± 19.0 and SRP: 20.7 ± 20.0; p = 0.930).

Conclusions

In moderate chronic periodontitis patients, SRP‐Q and FMD provided periodontal clinical improvements and similar experiences of fear, anxiety, and pain.
Salience in Quality Disclosure: Evidence from the U.S. News College Rankings
Authors: Luca Michael , Smith Jonathan
Published: October 2015

This paper investigates the impact of college rankings, and the visibility of those rankings, on students’ application decisions. Using natural experiments from U.S. News and World Report College Rankings, we present two main findings. First, we identify a causal impact of rankings on application decisions. When explicit rankings of colleges are published in U.S. News, a one‐rank improvement leads to a 1‐percentage‐point increase in the number of applications to that college. Second, we show that the response to the information represented in rankings depends on the way in which that information is presented. Rankings have no effect on application decisions when colleges are listed alphabetically, even when readers are provided data on college quality and the methodology used to calculate rankings. This finding provides evidence that the salience of information is a central determinant of a firm's demand function, even for purchases as large as college attendance.
Real Asset Valuation under Imperfect Competition: Can We Forget About Market Fundamentals?
Authors: Chaton Corinne , Durand‐Viel Laure
Published: October 2015

Real assets are usually valued by computing the stream of profits they can bring to a price‐taking firm in a liquid market. This method ignores market fundamentals by assuming that all the relevant information is included in the spot price. Our article analyses the bias resulting from such an approach when the market is imperfectly competitive. We propose a stylised two‐period model of the natural gas market with no uncertainty, focusing on strategic interactions between two types of oligopolistic players—pure traders and suppliers with downstream customers—who have access to storage. We show that the true value of storage capacity is not the same for traders and for suppliers. Comparing the latter value with the traditional price‐taking valuation reveals a systematic bias that tends to induce underinvestment.
Entrepreneurship, Economic Conditions, and the Great Recession
Authors: Fairlie Robert W.
Published: October 2015

The “Great Recession” resulted in many business closings and foreclosures, but what effect did it have on business formation? On the one hand, recessions decrease potential business income and wealth, but on the other hand they restrict opportunities in the wage/salary sector leaving the net effect on entrepreneurship ambiguous. The most up‐to‐date microdata available—the 1996 to 2009 Current Population Survey (CPS)—are used to conduct a detailed analysis of the determinants of entrepreneurship at the individual level to shed light on this question. Regression estimates indicate that local labor market conditions are a major determinant of entrepreneurship. Higher local unemployment rates are found to increase the probability that individuals start businesses. Home ownership and local home values for home owners are also found to have positive effects on business creation, but these effects are noticeably smaller. Additional regression estimates indicate that individuals who are initially not employed respond more to high local unemployment rates by starting businesses than wage/salary workers. The results point to a consistent picture – the positive influences of slack labor markets outweigh the negative influences resulting in higher levels of business creation. Using the regression estimates for the local unemployment rate effects, I find that the predicted trend in entrepreneurship rates tracks the actual upward trend in entrepreneurship extremely well in the Great Recession.
Product Market Competition and Returns to Talent
Authors: Baggs Jen , de Bettignies Jean‐Etienne , Ries John
Published: October 2015

This paper investigates how product market competition influences the wages paid to workers and the distribution of talent across industries. We develop a model where firms facing different competitive conditions bid for workers. The model predicts that wages are increasing in talent, decreasing in competition, and the interaction between talent and competition is positive. In addition, the most talented workers will be concentrated in competitive industries and talent dispersion rises with competition. We use linked employee–employer data to test these predictions.
Unshrouding for Competitive Advantage
Authors: Dahremöller Carsten
Published: October 2015

In a market with hidden product details and systematic consumer biases, firms have the possibility to unshroud and thereby to rectify such market obliquities. While the classical view was that firms will have an incentive to unshroud, Gabaix and Laibson (2006) show that there exist constellations in which firms prefer to leave the market shrouded. Building on that model I introduce a more strategic and long‐term dimension of unshrouding which turns out to fundamentally alter the underlying incentives to unshroud. In particular, I show that there exists an incentive to unshroud that stems from differences in add‐on profitability and that it is dependent on parameter constellations whether a more profitable or a less profitable firm will want to unshroud.
Trauma, Psychiatric, Substance Use, and Thought Disorders Among Youth in the Juvenile Justice System and How to Deal with Them
Authors: Huskey Bobbie L. , Tomczak Paula
Published: October 2015

The personal stories that youth in juvenile facilities report to their counselors are heartbreaking because they are filled with accounts of excessive trauma resulting from neglect, physical, sexual, and emotional violence perpetrated on these children. Perry found that trauma develops from severe neglect, abuse, and living in terrorizing environments. Trauma changes the neural processing ability within the child's developing brain which can lead to hypervigilance and dysfunctional behavior. Widom found that children who had been abused or neglected as children have 30% higher arrests as a juvenile and as an adult for a violent offense.
Tobacco Control Litigation: Broader Impacts on Health Rights Adjudication
Authors: Cabrera Oscar A. , Carballo Juan
Published: October 2015

There is perhaps no area of law that so effectively protects human health and thereby advances the right to the highest attainable standard of health, as tobacco control. Globally, tobacco is responsible for 1 in 10 adult deaths, and is on track to kill 10 million people per year, mostly in developing countries, representing a US$200 billion drain on the global economy. Yet experience in recent decades has shown that a range of tobacco control measures, such as comprehensive bans on smoking in public places, tobacco taxes, and limits on tobacco advertising, can greatly reduce smoking prevalence. These measures have slowly curtailed the epidemic, despite strong opposition from various sectors led by the tobacco industry. It is fitting that tobacco control is the focus of a recent, widely ratified global treaty (the Framework Convention on Tobacco Control) and of increasing national litigation, often directly linked to countries’ human rights commitments.
Patents and Human Rights: A Heterodox Analysis
Authors: Gold E. Richard
Published: October 2015

Patents and free trade make strange bedfellows. For most of their history, patents have been instruments deployed to resist trade with other countries, not to enhance it. Whether one looks at Venetian laws that punished citizens who practiced local crafts outside the city, the Mercantilist uses to which patents were put in Elizabethan England, or the cartels of the 19th and 20th centuries created on a foundation of interlocking patent rights, patents have had a distinctly protectionist function. It is thus ironic that it is intellectual property rights in general, and patents in particular, that have been held up in recent years as the poster child of much that is wrong with globalization and free trade. Nowhere is this more so than in debates concerning international human rights law and patents, in particular the position that patents violate an international right to health.
Transnational Trade in Human Eggs: Law, Policy, and (In)Action in Canada
Authors: Downie Jocelyn , Baylis Françoise
Published: October 2015

In Canada (as elsewhere) there is a growing demand for human eggs for reproductive purposes and currently demand exceeds supply. This is not surprising, as egg production and retrieval is onerous. It requires considerable time, effort, and energy and carries with it significant physical and psychological risks. In very general terms, one cycle of egg production and retrieval involves an estimated total of 56 hours for interviews, counseling, and medical procedures (i.e., screening, hormonal stimulation, and egg retrieval). The screening carries risks of unanticipated findings with severe consequences for insurability (which can be catastrophic). The daily hormone injections can be painful and uncomfortable, causing cramping, abdominal pain, nausea, vomiting, bloating, mood changes, and irritability.
What's Missing? Discussing Stem Cell Translational Research in Educational Information on Stem Cell “Tourism”
Authors: Master Zubin , Zarzeczny Amy , Rachul Christen , Caulfield Timothy
Published: October 2015

Stem cell tourism is a form of medical tourism in which patients travel to receive unproven or untested stem cell-based interventions for many different diseases and conditions. A few studies indicate that patients and the public have several reasons for seeking these treatments for themselves or for their loved ones. Among these are the feeling of not having any other clinical options left, distrust of or frustration with their home country’s health care system, and a perception that their home country has a burdensome or sluggish regulatory system for the approval of novel stem cell therapies. These last two viewpoints may contribute to a certain sense of distrust of regulatory agencies governing the conduct of clinical research, and perhaps the perception of a health care system that seems unresponsive to the needs of patients suffering from severe conditions.
Brightening Up: The Effect of the Physician Payment Sunshine Act on Existing Regulation of Pharmaceutical Marketing
Authors: Gorlach Igor , Pham-Kanter Genevieve
Published: October 2015

In 2008 pharmaceutical companies spent over $12 billion on product promotion and detailing aimed at U.S. health care practitioners. Drug and device manufacturers rely on a workforce of detailers and physician speakers to reach health care practitioners and nudge their prescribing habits. To prevent undue influence and protect the public fisc, a number of states began regulating these marketing practices, requiring companies to disclose all gifts to practitioners, prohibiting the commercialized sale of prescription data, and prohibiting certain gifts altogether. The 2010 enactment of the Physician Payment Sunshine Act (PPSA) marks the first Congressional involvement in the regulation of disclosure related to pharmaceutical marketing. Overall, the Act improves transparency in pharmaceutical marketing to physicians and expands the regulation of disclosure of pharmaceutical marketing activities in important substantive ways.
Navigating the Legal Framework for State Foodborne Illness Surveillance and Outbreak Response: Observations and Challenges
Authors: David Stephanie D. , Katz Rebecca L.
Published: October 2015

For at least the past 15 years, food safety stakeholders across all levels of government have recognized the critical role that state and local agencies play in our nation's food safety system. State and local agencies are the first responders to foodborne outbreaks and have primary responsibility for keeping their residents safe from foodborne disease through effective surveillance and rapid response to outbreaks. They also conduct the vast majority of food safety inspections across the nation's restaurants, grocery stores, and other food service and food retail establishments.

Recent efforts among industry and government officials alike have focused on creating a more integrated, prevention-oriented food safety system. The Food Safety Modernization Act, the first major overhaul of the nation's food safety laws since the 1930s, now mandates that most sectors of the food industry put preventive controls in place, changing the emphasis of what the FDA does from response to prevention.
Changing Law from Barrier to Facilitator of Opioid Overdose Prevention
Authors: Davis Corey , Webb Damika , Burris Scott
Published: October 2015

Drug overdose has recently surpassed motor vehicle accidents to become the leading cause of unintentional injury death in the United States. The epidemic is largely driven by opioids such as oxycodone, hydrocodone, and methadone, which kill more Americans than heroin and cocaine combined. The demographics of overdose have changed over the past few decades as well: according to the latest data, the average overdose victim is now a non-Hispanic white man aged 45-54.

These deaths — over 16,000 per year — are almost entirely preventable. Opioid overdose kills by slowly depressing respiration, a process that can take several hours. It can be quickly and effectively reversed by the timely administration of naloxone, an opioid antagonist that works by displacing opioids from the brain receptors to which they attach, reversing their depressant effect. Naloxone, also known as Narcan, has many benefits and minimal risks. Although it is a prescription drug, it is not a controlled substance and has no abuse potential.
State Laws Regulating Prescribing of Controlled Substances: Balancing the Public Health Problems of Chronic Pain and Prescription Painkiller Abuse and Overdose
Authors: Garcia Andrea M.
Published: October 2015

According to the Institute of Medicine, chronic pain affects at least 116 million adults in the United States (U.S.), which is more than the total affected by heart disease, cancer, and diabetes combined. Pain costs the nation up to $635 billion each year in medical treatment and lost productivity. It has been conceptualized as a public health problem due to its prevalence, seriousness, disparities, vulnerable populations, the utility of population health strategies, and the importance of prevention at both the population and individual levels. For many patients, treatment of pain is inadequate due to uncertain diagnoses, societal stigma, the lack of effective treatments, and inadequate patient and clinician knowledge about the best ways to manage pain. This article explores the inadequate treatment of pain in the U.S. and the subsequent rise of prescription painkiller abuse, misuse, and overdoses. This is followed by a review of the actions taken by states to regulate the prescribing of controlled substances.
Paying for Prevention: A Critical Opportunity for Public Health
Authors: O’Connor Jean C. , Gutelius Bruce J. , Girard Karen E. , Hastings Danna Drum , Longoria Luci , Kohn Melvin A.
Published: October 2015

Despite spending more on health care than every other industrialized country, the U.S. ranks 37th in health outcomes. These differences cannot be explained away with differences in age and income, or even with quality of care. And, the rate of growth in health care spending in the U.S. continues to increase. The share of the Gross Domestic Product (GDP) attributable to health care grew from 9% in 1980 to more than 17% in 2011. Health care costs are projected to account for more than one-fifth of our economy by 2021. Despite spending more and more, the U.S. does not have better health outcomes than other countries. Worse, our increasing spending is largely attributable to preventable conditions. More than 85 cents of every dollar spent on health in the U.S. are spent on the treatment and management of chronic diseases, such as those caused by preventable conditions related to obesity and tobacco use.
Who's Your Nanny? Choice, Paternalism and Public Health in the Age of Personal Responsibility
Authors: Wiley Lindsay F. , Berman Micah L. , Blanke Doug
Published: October 2015

In June 2012, New York City Mayor Michael Bloomberg announced his plans for a ban on the sale of sugary beverages in containers larger than 16 ounces. Shortly thereafter, the Center for Consumer Freedom took out a full-page ad in the New York Times featuring Bloomberg photo-shopped into a matronly dress with the tag line “New Yorkers need a Mayor, not a Nanny.” On television, the CATO Institute's Michael Cannon declared, “This is the most ridiculous sort of nanny state-ism; [i]t’s none of the mayor's business how much soda people are drinking.” And in newspapers around the country, editorial pages featured headlines such as “Gulp! Yet Another Intrusion of the Nanny State.” Just like that, the public debate about this measure became focused on government overreach, while the public health problem of obesity (and of overconsumption of soda in particular) faded into the background.
Parallel Problems: Applying Institutional Corruption Analysis of Congress to Big Pharma
Authors: Fields Gregg
Published: October 2015

In 1995, Dennis Thompson, the founding director of Harvard’s program in Ethics and the Professions, authored a book entitled Ethics in Congress. That subject, in and of itself, seemingly was not new. And it undoubtedly inspired a few irreverent snickers. Consider that a Goggle search of “Ethics in Congress oxymoron” recently produced 5.79 million results in just over a tenth of a second.

But it was the subtitle of the book — From Individual to Institutional Corruption — that revealed how Thompson’s tome signaled an abrupt departure from the standard paradigms for measuring political corruption.
Pharmaceuticals, Political Money, and Public Policy: A Theoretical and Empirical Agenda
Authors: Jorgensen Paul D.
Published: October 2015

The point, for the 946,326th time is that people get elected to office by currying the favor of powerful interest groups. They don’t get elected for their excellence as political philosophers.

Congress has consistently failed to solve some serious problems with the cost, effectiveness, and safety of pharmaceuticals. In part, this failure results from the pharmaceutical industry convincing legislators to define policy problems in ways that protect industry profits. By targeting campaign contributions to influential legislators and by providing them with selective information, the industry manages to displace the public’s voice in developing pharmaceutical policy.
Producing Knowledge about Racial Differences: Tracing Scientists' Use of “Race” and “Ethnicity” from Grants to Articles
Authors: Friedman Asia , Lee Catherine
Published: October 2015

The research and publication practices by which scientists produce biomedical knowledge about race and ethnicity remain largely unexamined despite increasing interest in biological explanations for health disparities by race, as well as prominent critiques by social scientists highlighting the implications of conceptualizing race as a biological category. Although a growing number of studies on lab and research practices are helping to map meanings of race and ethnicity on notions of difference and health, we still have very little understanding of the earlier funding application stage or of the resulting publications. We know that knowledge production can involve a range of different processes, including consensus building, strategic and instrumental decision making, as well as conscious and subconscious cognitive filtering, through which we direct analytic attention only to those aspects of a problem or topic that are defined as “relevant” and “important.” These processes also involve the “translation” of ideas such as race and ethnicity for different audiences (e.g., funders, other scientists, or the public), which occurs in broader contexts of cultural norms and institutional rules and practices.
Legal Change and Stigma in Surrogacy and Abortion
Authors: Robertson John A.
Published: October 2015

The role of stigma in limiting reproductive rights has long hovered in the air. Paula Abrams has sorted through the concept and shown how it operates in two major areas of procreative liberty — having a child through surrogacy and avoiding childbirth by abortion. Her paper is especially useful for showing how legal change initially dilutes stigma but may reinstall it with post-legalization regulation.

Abrams argues that both abortion and surrogacy are stigmatized because they deviate from traditional gender roles and social expectations about pregnancy and maternity. Past restrictions have rested on a common legal and cultural paradigm of the good mother: a woman who conceives, carries her child to term, and then rears the child. Indeed, as she later argues, evidence of stigma surrounding a practice is “relevant to determining whether laws regulating abortion or surrogacy are based on impermissible stereotyping.”
Disclosure Two Ways
Authors: Bernstein Erin B.
Published: October 2015

In the past two decades, courts and scholars have grappled with the appropriateness of pre-abortion disclosures mandated by the state. Statutes requiring physicians to recite a specific script, often detailing potential psychological “risks” of choosing to terminate a pregnancy, have proliferated nationwide over the past decade. Opponents of such laws have sometimes characterized the requirement of a procedurespecific disclosure as unnecessary and unique to the abortion context. In recent years, however, state legislatures supportive of abortion rights have legislated procedure-specific mandatory disclosures in the context of assisted reproduction and other health care procedures with reproductive health impacts.