Orphan drugs: the question of products liability

Orphan drugs, essential for the treatment of persons with rare diseases, generally are unprofitable for manufacturers to develop and market. While congressional and administrative efforts to promote the development of orphan drugs have met with modest success, application of products liability doctrine to orphan drug sponsors could subvert those efforts. This Note describes the provisions of the Orphan Drug Act and analyzes products liability law with respect to orphan drug litigation. It argues that the goals of tort law support the imposition of liability for design defect, failure to warn and negligence in testing. Finally, the Note acknowledges that liability costs create disincentives for orphan drug development and suggests mechanisms for reducing manufacturers' liability concerns.     

Capital punishment preferences for special offender populations

The present study utilized the factorial survey design, a quasi-experimental approach, in an attempt to measure respondent's capital punishment preferences regarding juvenile, the mentally incompetent, and the mentally retarded offenders. The findings indicated that respondents were significantly less likely to prefer capital punishment over alternative sentencing options. Moreover, the influence aggravating and mitigating circumstances such as the offender's age, mental capacity, prior record, and death-eligibility were found to strongly affect the public's death penalty preferences. The substantive, methodological, and public policy implications of this study are discussed.     

The Best Pharmaceuticals for Children Act of 2002: the rise of the voluntary incentive structure and congressional refusal to require pediatric testing

On January 4, 2002, President Bush signed into law the Best Pharmaceuticals for Children Act, which is the government's most comprehensive legislation regarding pediatric research to date. The Act offers pharmaceutical companies a six-month exclusivity term in return for their agreement to conduct pediatric tests on drugs. It also provides public funding and organizes private funding to help conduct pediatric research on those drugs that pharmaceutical companies opt not to test in children. This Note reviews the history of pediatric research and traces the development of the Best Pharmaceuticals for Children Act's unique incentive and public funding structure. The Note contends that, while the Act is comprehensive and promotes important pediatric studies, its incentive structure forces consumers and taxpayers to bear the costs of testing pharmaceuticals in children instead of the manufacturers who research, develop, and market those drugs. Congress should consider mandating pediatric studies in any future enactment of the legislation.     

Orphan drug incentives in the pharmacogenomic context: policy responses in the US and Canada

Advances in pharmacogenomic research and increasing industry interest in personalized medicine have important implications for the way that orphan drug policies are interpreted and applied. Concerns have been raised about the potential impact of pharmacogenomics and new genomic technologies on our understanding of how disease categories are delineated, and subsequently, how the concept of rare disease should be defined for the purposes of orphan drug policies. This article considers whether orphan drug legislation can be drafted in a way that will maximize benefits and minimize concerns relating to the impact of pharmacogenomics on orphan drug research and development. After reviewing the issues that may arise at the intersection of orphan drug policies and pharmacogenomics, this article will discuss the potential impact of pharmacogenomics at two critical points: orphan designation and approval of the drug product. At each of these points, the relevant aspects of current US orphan drug legislation are examined, focusing on the extent to which recent amendments may address concerns that have been raised previously. This analysis will then provide the foundation for a critical review and recommendations regarding the proposed new Canadian orphan drug framework.     

Law enforcement response to mental health crises: citizen risk factors and preferences for social policy*

Despite having the potential to affect cooperation and support for law enforcement, community preferences for police training are generally unstudied. This paper seeks to understand (1) general community preferences for police training for responding to mental health crises, (2) where the public prioritizes this mental health crisis training relative to racial bias training, and (3) whether these preferences vary depending on respondent demographics and risk factors for police contact. Survey data from a general sample of Portland, Oregon residents (N = 259) shows public support for police training on responding to mental health crises, but the public as a whole is split over whether mental health, or racial bias training, should be prioritized as the best use of police training time. Logistic regression analyses demonstrate three main findings regarding the impact of respondent characteristics on preferences for police training: (1) black respondents appear concerned that, by drawing attention to mental health crises, police will be more limited in their responses to racial bias; (2) respondents facing the greatest, and those with the least, amount of risk in police/citizen encounters are most supportive of mental health crisis training; and (3) mental illness itself does not appear to affect support for police mental health crisis training. These differences in support for training need to be understood before law enforcement can cultivate community support for police officers and their training practices.     

Health care policy issues in the drug abuser treatment field

As we enter the 1990s drug abuse has once again become a major health concern, and for the first time the drug treatment field has had to address many of the policy, regulation, and planning issues resulting from cost inflation that have become commonplace in other parts of the health care field. To avoid serious errors and confusion, drug abuse health policies must recognize the very different needs of the public and private sectors. The public sector, where poor addicts receive drug treatment provided or purchased by the government, has long suffered from chronically inadequate funding. Although responses to several epidemics (heroin, crack, and AIDS) have produced periods of increased allocations for drug abuse treatment, more often than not long waiting lists at programs have rationed treatment to lower-income addicts seeking care. Low salary levels have limited the quality of public treatment services, and the absence of resources has hindered the development of programs that respond to new technical developments and drug abuse problems, such as the crack epidemic. Despite severe resource shortages, the public drug treatment system has sometimes used resources inefficiently, with little attention to appropriateness of admissions, lengths of stay, ambulatory treatment modalities, or varying levels of care. Public sector goals for the 1990s should include filling current shortages in drug treatment services, developing adequate long-term funding for treating addicts who lack third-party coverage, modernizing the treatment system, developing new patterns of practice that use existing resources more efficiently, and developing a plan for treating intravenous drug users infected with the AIDS virus. In the private sector, the advent of working- and middle-class demand for drug treatment in the 1970s and 1980s has produced a new drug treatment system that suffers from many of the policy problems common to the rest of health care. Drug abuse in the workplace has resulted in much wider coverage of substance abuse services by insurance companies and HMOs. The availability of third-party funds has spawned a for-profit chemical dependency treatment industry. The high cost of private residential treatment services has caused significant cost inflation. Cost-containment measures, which are a new phenomenon for this field and are inappropriate for the public sector, have led to the same confusion and debates that they have produced in other areas of health care.(ABSTRACT TRUNCATED AT 400 WORDS)     

Reasons underlying treatment preference: an exploratory study

Very little is known about what factors influence women's treatment preferences after a sexual assault. To learn more about these factors, data were collected from 273 women who read a standard "if this happened to you, what would you do" scenario describing a sexual assault and subsequent trauma-related psychiatric symptoms. After reading standardized treatment options for a pharmacotherapy (sertraline) and a psychotherapy (cognitive behavioral treatment), participants made a hypothetical treatment choice and reported the main reasons for their choice. Women often cited reasons surrounding the effectiveness of a treatment as the primary reason for their treatment preference, suggesting potential masking of symptoms with the medication and more logical, long-lasting effects with the psychotherapy. Other common reasons underlying treatment preference were wariness of the medication and positive feelings about talking in psychotherapy. Better understanding factors that influence treatment preference may aid in refining psychoeducation materials regarding the psychological consequences of sexual assault and their treatment for the lay public and in helping clinicians further tailor their discussion of treatment alternatives for these women.     

Drug users’ Satisfaction with Drug Control by the Police in China

Illicit use of drugs has received tremendous public attention in China in recent years, but little is known about the effectiveness of drug control practices, especially those adopted by the police. This study examines the effectiveness of drug control as perceived by drug users. The study uses surveys from 100 drug users who have voluntarily participated in nongovernmental treatment in Kunming. Results show that, inconsistent with prior research on campaign style policing, the majority of respondents were satisfied with the police in drug control. In addition, drug users’ evaluations of the police were significantly correlated with their age, marital status, perceptions of collective efficacy, and evaluations of their prior contacts with the police. Limitations of the research and future directions are also discussed.     

Accelerating commercialization: a new model of strategic foundation funding

Venture philanthropy presents a new model of research funding that is particularly helpful to those fighting orphan diseases, which actively manages the commercialization process to accelerate scientific progress and material outcomes. This paper begins by documenting the growing importance of foundations as a source of funding academic research as traditional funding from industry and government sources decline. Foundations are known for their innovative techniques and we consider the evolution of the ways that foundations fund academic research and form partnerships across academia and industry. We examine the example of the Cystic Fibrosis Foundation and the development of the drug Kalydeco^® as a demonstration of the principals of strategic foundation funding. The Cystic Fibrosis Foundation adapted to a venture philanthropy model and took an active role in drug development, stewarding the commercialization process from funding basic scientific work in academic institutions, to making an equity investment in a start-up firm. We conclude by evaluating the advantages and disadvantages to venture philanthropy for the academic researchers, industry partners, foundations, and universities and consider an agenda for future research.     

Public Support for Punishment and Progressive Criminal Justice Policy Preferences: The Role of Symbolic Racism and Negative Racial Stereotype

Prior studies have found that symbolic racism and negative African-American stereotypes are linked to public preferences for punitive criminal justice policy. But prior studies have mostly focused attention on White respondents and have not adequately examined whether the effects of symbolic racism and negative African American stereotypes are the same across race and ethnicity. This study used the 2000 American National Election Study data to fill this gap in the empirical literature. The study found that the effects of symbolic racism were broad and generally impact Whites, African-Americans, and members of other races/ethnicities the same. The effects of negative African-American stereotype were more limited. This variable predicted punishment policy preference for members of other races/ethnicities and there were significant differences in how stereotypes impacted policy preferences across race and ethnicity. Implications for theory are discussed.     

Trust and punitive attitudes

The aim of the study reported in this article was to identify how trust influences punitive attitudes, and to find out whether this differs in respect of thieves and corruption offenders. The respondents surveyed in the study reported sentencing preferences that were harsher in the case of corruption offenders than in the case of common thieves. The study demonstrates that punitive attitudes towards thieves and corruption offenders are triggered by different mechanisms: most socio-demographic variables can explain punitive attitudes towards corruption offenders while trust in politicians can explain punitive attitudes towards thieves, but not towards corruption offenders. The study indicates that an examination of general punitive attitudes is not sufficient for understanding the punitive attitudes concerning a particular type of offence. The study also suggests that penal populism regarding non-violent street criminals is unlikely to boost politicians’ approval ratings if trust in politicians is high.     

Public attitudes towards the death penalty

Responses to a general question regarding the use of the death penalty were compared with the sentences that respondents chose in a set of scenarios describing homicide cases. The percentage of respondents who assigned the death sentence in one or more of the following scenarios was higher than those who favored the death penalty in the abstract question, but there were inconsistencies in the answers. A majority assigned the death penalty only for the most heinous offender described, and the figures were lower for other crimes, even clear cases of first degree murder. At the same time, a manipulation involving information about methods of execution did not affect answers. These results strongly suggest that the abstract questions typically used in public opinion polls do not accurately reflect the public's feelings about use of the death penalty in specific cases. More generally, research on public opinion regarding criminal justice policies should survey a variety of specific circumstances.     

氯喹类药物在新型冠状病毒肺炎治疗中的试用及其法医毒理学研究进展

氯喹类药物是一类历史悠久的处方药,临床常用于抗疟疾及结缔组织病的治疗。2019年12月以来,在我国各地和世界多国发生了由2019新型冠状病毒(2019 novel coronavirus,2019-nCoV)引起的新型冠状病毒肺炎(corona virus disease 2019,COVID-19)疫情。由于缺乏针对COVID-19的药物,导致该病迅速蔓延且死亡率较高,因此亟待快速筛选抗2019-nCoV的特效药物,已批准使用的抗疟药磷酸氯喹被证实具有抗2019-nCoV的作用,并被纳入诊疗指南。但对磷酸氯喹引起急性中毒甚至死亡的风险意识也应同时加强,当前临床推荐剂量较以往治疗疟疾用药剂量偏大、疗程偏长,多地已要求临床密切监测不良反应。本文从法医学的角度,对氯喹类药物的药理作用、中毒与毒理作用机制、体内代谢与分布及法医学鉴定要点进行综述,以期为法医学实践及临床工作提供帮助。     

Confidence in the death penalty and support for its use: Exploring the value-expressive dimension of death penalty attitudes

Recent media and political attention has raised public awareness of a number of issues surrounding the death penalty. Questions regarding innocence, fair trials, and equitable access to counsel and the appellate process are ubiquitous in coverage of the death penalty. Adequate information about public attitudes toward the death penalty in light of these issues is currently lacking. In 2002, as part of the annual Texas Crime Poll, questions were asked about confidence in the administration of the death penalty, support for the death penalty, and support for a moratorium. The results indicate that, although a majority of respondents support the death penalty, a substantial proportion lack confidence in its use and support a moratorium on executions. Of those lacking confidence and those supporting a moratorium, strong majorities maintain support for the death penalty (68% and 73%, respectively). These findings suggest that death penalty attitudes may be largely value expressive.     

Reasons for South Korean attitudes towards the death penalty: exploring the nexus between strong public support and history of misapplication

As of this writing, South Korea (officially, the Republic of Korea) is an abolitionist-in-practice nation; capital punishment is legal, but no death sentences have been carried out since a moratorium was enacted in 1997. Public support for the death penalty has decreased over time; however, the factors that determine support for or opposition to the death penalty of the South Korean general public are largely unknown. Using survey data from a nationwide sample of 416 respondents, this study examined the potential predictors for public attitudes towards capital punishment support. A majority of survey respondents (83%) supported the death penalty, a higher percentage than recent surveys of the South Korean general public. The deterrence and retribution perspectives were positively related to death penalty support, while crime severity, neighbourhood safety, the brutalisation effect, and innocence were negatively related. This study provides the first multivariate analysis of factors associated with South Korean attitudes towards the death penalty.     

Going to Jail Sucks (And It Really Doesn’t Matter Who You Ask)

A growing body of research suggests that, according to both offenders and criminal justice practitioners, jails and correctional boot camps are viewed and experienced as significantly more punitive than prison. Nevertheless, limited research exists examining the perceptions of the public regarding jail conditions and operations. Using responses from 1,183 Kentucky adults, we examine public opinion regarding the punitiveness of jail when compared to prison. We determine that, with the exception of boot camp, respondents feel that jail is the most punitive noncapital sanction. Additionally, respondents who had been convicted of a felony at some point in their lives and respondents with lower household income indicated that they would serve significantly less time in jail to avoid prison than their counterparts if given the option. Implications for policy and future research are discussed.     

Public Attitudes About Property Distribution at Death and Intestate Succession Laws in the United States

Intestate succession statutes should reflect the distributive preferences of intestate decedents. To date, these distributive preferences could only be inferred from distributive patterns found in wills. This telephone survey of 750 persons living in Alabama, California, Massachusetts, Ohio, and Texas supplements prior will studies and provides new insights concerning public attitudes about property distribution at death. The distributive preferences of the respondents revealed few significant differences that could be attributed to age, education, income, wealth, or occupational status. Two other important findings of this study suggest that a modern intestacy statute should provide that (1) the surviving spouse inherit the entire estate in preference to the decedent's issue or family of orientation and (2) issue who are in the same generation share equally in the estate.     

Differences between voluntary and public organizations: the behavior of hospitals in England and Wales

This study confronts the following questions: what are the conditions under which a society decides to do things in the public and voluntary nonprofit sectors, and in what ways do organizations behave differently, depending on whether they are in the public or the voluntary nonprofit sector? To address these questions, the study focuses on English and Welsh hospitals during the twentieth century but prior to the National Health Service. The study argues that as long as the sources of funding for public and voluntary organizations diverge, their behavior will diverge. Because English and Welsh voluntary hospitals prior to the National Health Service were heavily dependent on the voluntary sector for funding and the public hospitals were primarily dependent on the public sector for their funding, the data set is especially valuable for observing how divergent sources of funding influence the behavior of organizations.     

Causes and consequences of juvenile crime and violence: Public attitudes and question-order effect

This article examines issues in juvenile justice that include public opinion about the causes and the consequences of juvenile crime and violence. Data for the study were collected in 1996 by means of a telephone survey of 492 respondents from Shelby County, Tennessee. The study explores the relationships between attitudes about juvenile crime and sociodemographic factors. Results are consistent with national surveys aimed at assessing public attitudes toward issues in juvenile justice. Finally, the article discusses how survey instrumentation may influence responses regarding the issues surrounding juvenile crime and violence.     

The media’s coverage of mass public shootings in America: fifty years of newsworthiness

This study uses a media distortion analysis to examine the New York Times coverage of mass public shooting incidents occurring in the United States from 1966 to 2016. A comparison between media coverage and actual incidents is used to identify the characteristics influencing the newsworthiness of mass public shootings. This work expands the breadth and depth of media and mass public shooting research, strengthening the validity of previous findings, and identifying new characteristics influencing newsworthiness. Findings indicate significant predictors of newsworthiness include higher casualties and injuries, as well as perpetrators that are young, Middle Eastern, and ideologically motivated. School shootings are more likely to receive any coverage, and all non-workplace shootings receive salient levels of coverage. An incident is also more likely to receive any coverage if a combination of weapons is used. These findings have important implications for public knowledge and perceptions of mass public shootings.