Federal administrative health courts are unconstitutional: a reply to Elliott, Narayan, and Nasmith

This commentary responds to the essay by Elliott, Narayan, and Nasmith wherein they propose that the federal government may preclude plaintiffs with medically inflicted injuries from bringing state common-law tort claims against those whose negligence caused their injury. The administrative system championed by Elliott and other proponents is a radical departure from the current civil justice system. Specifically, we argue that the administrative health courts, as proposed, violate the commerce clause, the spending clause, the Seventh Amendment, and separation of powers principles. The commentary concludes that such a system is fatally flawed and cannot withstand constitutional scrutiny. Moreover, we are not persuaded that Congress will be able to ground such a radical constitutional restructuring in any sound public policy, as the majority of studies do not evidence Elliott, Narayan, and Nasmith's presumption that the civil justice system has failed in the medical malpractice context.     

Delayed death in sudden infant death syndrome: a San Diego SIDS/SUDC Research Project 15-year population-based report

A fraction of SIDS cases have death delayed by successful CPR, yet they have not been compared to SIDS cases which were found dead or not successfully resuscitated. Our aims were to: (1) determine the percent of SIDS cases in the San Diego SIDS Research Project database for whom death was delayed by CPR and subsequent life support; (2) compare demographics, circumstances of death and autopsy findings of delayed death SIDS cases (delayed SIDS) with those whose deaths were not delayed (non-delayed SIDS); (3) examine the evolution of pathologic changes in delayed SIDS as a function of survival interval. A retrospective 15-year population-based study of 454 infant deaths attributed to SIDS revealed 29 delayed SIDS cases (Group I) and 425 non-delayed SIDS cases (Group II). Group I cases were significantly older than Group II cases (mean age 132 days vs. 102 days and p<0.0001). Eighty-nine percent of the Group I cases were discovered between 08.00 and 19.59 h; none were found between 00.00 and 07.59 h, compared to 38% of the Group II cases. Group I infants were found significantly more often away from home (at daycare, or at the home of a relative, friend, or baby sitter) than Group II infants (45% vs. 25%, p<0.05). There were no differences between groups with regard to gender, gestational age, type of delivery, bed sharing, URI within 48 h of death, ALTEs, a history of referral to child protective services, body position when placed or found, or face position when found. Pathologic changes were semiquantitatively evaluated; findings were characteristic of anoxic-ischemic injury that generally became more severe with increasing survival intervals. Anoxic-ischemic brain injury was the immediate cause of death in all delayed SIDS cases. Aspiration of gastric contents was identified in Group I cases surviving less than 48 h and was the likely etiology of acute bronchopneumonia occurring in 83% of the Group I cases. We did not identify factors that would reliably predict which SIDS cases might be discovered soon enough to allow earlier and more effective CPR and survival without permanent brain injury.     

Individual and Marital Consequences of Victimization: Moderating Effects of Relationship Efficacy and Spouse Support

Marital dissatisfaction and depression are common characteristics of abused women. In this investigation, we attempted to identify variables that might buffer women's marital satisfaction and stability, and their psychological adjustment against the effects of verbal and physical abuse. Verbal and physical victimization had significant negative direct effects on women's marital satisfaction: victimized women were characterized by less satisfaction and less stability regardless of their sense of relationship efficacy or their perceptions of spousal support. However, the effects of victimization on women's depression were moderated by relationship efficacy, perceived intimacy, and acceptance of emotional expression provided by the spouse: nonvictimized women who perceived more support and felt more efficacious, relative to those who felt less support and less efficacy, experienced fewer depressive symptoms, while victimized women who perceived more support and felt more efficacious in their relationships, relative to those characterized by less support and less efficacy, experienced more depressive symptoms. In the context of marital violence, increasing levels of relationship efficacy and perceptions of spouse support may be accompanied by an increase in the risk for depressive reactions.     

Jurors' use of probabilistic evidence

Mock jurors' use of probabilistic evidence was examined in a fractional factorial design manipulating 7 variables: strength of nonstatistical evidence; quantification of nonstatistical evidence; strength of statistical evidence; combination of 2 pieces of statistical evidence; instruction in use of Bayes' theorem; and presentation of fallacies (both prosecutor's and defense attorney's) concerning use of statistical evidence. One hundred eighty-nine subjects viewed 1 of 16 videotapes presenting a condensed mock trial. Subjects completed dependent measures after each of 4 witnesses and at the end of trial. The strength of both nonstatistical and probabilistic evidence affected verdicts; the other manipulations did not. Overall, subjects slightly underused the probabilistic evidence, as compared to their individualized Bayesian norms, and subjects did not succumb to fallacies. However, subjects greatly varied in over-or underutilization, even after Bayesian instruction. Future research should examine use of weak nonstatistical evidence, and should test different probabilistic instructions.     

Do Interest Groups Compete? An Application to Endangered Species

Becker (1983) hypothesized thatinterest groups compete strategically forinfluence with policy makers; thatimportant model has been assumed or ignoredrather than tested. This paper buildstheoretical and econometric frameworks thatcan test hypotheses about strategicbehavior when data on interest-groupactivity are limited and discrete. Itapplies those frameworks to data oninterest-group pressure regarding additionsto the U.S. endangered species list. Theresults do indicate that these interestgroups respond to costs and benefits, butdo not support the hypothesis that pressurefrom one interest group increases ordecreases with the pressure intensity of anopposing group.     

Mendel's Ark: Conservation Genetics and the Future of Extinction

Amid the current biodiversity crisis and the ongoing threat of mass extinctions caused by modern anthropogenic factors such as industrialization, poaching and habitat destruction, conservation genetics provides tools (such as somatic‐cell nuclear transfer) that could help to ensure the survival of species and ecosystems. Yet as conservation genetics shifts from the laboratory and scientific communities into mainstream awareness, numerous political questions arise. For example, which species should be priorities for research and restoration via expensive biotechnology interventions? Does the increasing availability of biotechnological tools alter our perception of the biodiversity crisis and the natural world? Why are some stakeholders so opposed to using advanced biotechnology in conservation? Finally, and perhaps most controversially, what are the realistic outer limits of such tools with respect to the idea of “conquering extinction”?     

The biasing impact of pretrial publicity on juror judgments

This study examines three previously unexplored aspects of the biasing impact of pretrial publicity. First, this study tests the differential effects of several different types of pretrial publicity on juror decision making. Second, this study explores the impact the presentation of trial evidence has on biases created by pretrial publicity. Finally, the study explores the psychological processes by which pretrial publicity effects may operate. Results indicate that pretrial publicity, particularly negative information about the defendant's character, can influence subjects' initial judgments about a defendant's guilt. This bias is weakened, but not eliminated by the presentation of trial evidence. Character pretrial publicity, and both weak and strong inadmissible statements appear to operate by changing subjects' initial judgments of the defendant's guilt. This initial judgment then affects the way subjects assess the evidence presented in the trial and the attributions they make about the defendant. Prior record pretrial publicity appears to have its effects by influencing subjects' inferences about the criminality of the defendant and this is related to posttrial judgments.     

Parental problem-solving skills and child behavior problems: A comparison of physically abusive,neglectful, clinic,and community families

Failure to solve problems related to parenting and other aspects of daily living is hypothesized to result in frustration or inability to cope, and lead to deviant parental behavior such as aggression or neglect. The present investigation provided support for a procedure for measuring parental problem-solving skill and compared the problem-solving abilities and child behavior problems of maltreating and nonmaltreating parents. Subjects were 40 parents with at least one child between the ages of three and twelve. Subjects were assigned to one of four groups: (a) physically abusive parents (n = 9); (b) neglectful parents (n = 9); (c) nonmaltreating clinic parents seeking help for child behavior problems (n = 11); and (d) nonmaltreating, non-help-seeking community parents (n = 11). Abusive and neglectful parents were deficient in problem-solving skill as compared to clinic and community parents, yet there were many similarities in parental reports of child behavior problems for maltreating and nonmaltreating parents. Parental problem-solving skill did not correlate significantly with parental ratings of child behavior problems.