The Independent Medicare Advisory Committee: death panel or smart governing?

This comment explores whether health care reform legislation establishes an administrative body effectively charged with the rationing of health care resources; insofar as it establishes a presidentially appointed Independent Medicare Advisory Committee (IMAC). IMAC would be charged with "making two annual reports dictating updated rates for Medicare providers including physicians, hospitals, skilled nursing facilities, home health, and durable medical equipment." IMAC's recommendations would be implemented nationally, subject to a Congressional vote. Congress would be granted a thirty-day window to achieve a simple majority for or against the IMAC recommendations. Part I is an introduction. Part II of this article covers the history of American health care. It lays out the federal government's evolving role in the arena of public health and health care, starting in the mid-nineteenth century and continues up to the present day. Part III examines the existing process by which Medicare spending is controlled. This part focuses on the administrative procedures that control Medicare reimbursements. Part IV examines IMAC. This part discusses IMAC's statutory provisions and the administrative transparency laws IMAC would be bound to follow. The close of this part, draws on three analogies as a gauge for how IMAC will operate: Senator Tom Daschle's Federal Health Board (FHB) proposal; the administrative oversight of the Federal Reserve; and the United Kingdom's National Institute for Health and Clinical Excellence (NICE). Part V creates a snapshot of the U.S. health care system as it operates today. This part emphasizes cost, quality, and accessibility of health care, with comparisons to international and state-run health care systems. Throughout this article there are a number of words, phrases, and agencies that have been given acronyms. For convenience, an index of these acronyms is provided in an appendix following the article.     

Pornography: Reflections upon past and current issues

Abstract

Summary: This article reviews historical and recent - and differing - responses from feminists in the developed and in the developing worlds, to the production and use of pornographic materials. It explores some of the possible reasons for changes in feminist analyses and posits future directions for feminist responses to pornographic materials, based on recent contributions to the debates.     

Participatory planning as a deliberative democratic process: a response to Hodgson's critique

This paper is a response to Hodgson's recent critique of our model of participatory planning through negotiated co-ordination. His critique focused on four issues: the coherence of our distinction between market exchange and market forces; our understanding of tacit knowledge; the scope for innovation in our model; and the alleged problems of information overload and cognitive limitations. In this response we argue that Hodgson misinterprets our model as being based on the aggregation of individual preferences, whereas it is in fact a model of participatory planning through a process of deliberative democracy.     

Resilient subjects: uncertainty,warfare and liberalism

Abstract

While resilience has been recognized as a new strand in the government of security, little attention is paid its associated subjectivities and technologies of the self. One of the key sites for such development has been the military. A principal attribute of traditional military subjects has been fortitude, an assemblage of moral strength, will-power and courage deeply inscribed in the soul. In the new military, fortitude is now seen as of only conditional value to the latest configuration of the ‘liberal way of war’. Instead, resilience is centred as appropriate to ‘warriors’, and resonates with an advanced liberal political environment. Resilience appears as a set of cognitive skills that anyone can develop with correct training. Founded in cognitive behavioural therapy, resilience centres innovativeness, enterprise, responsibility and flexibility. It now takes its place as part of a complex of scientifically grounded techniques of the self necessary to optimize autonomous subjects in an age of high uncertainty.     

Developments in school desegregation

Rossell, C. H., & Hawley, W. D. (Eds.). (1983). The Consequences of School Desegregation. Philadelphia: Temple University Press.

Stephen, W. G., & Feagin, J. R. (Eds.). (1980). School Desegregation: Past, Present, and Future. N.Y.: Plenum Press.     

Properly drafted arbitration agreement as a safeguard to its adequate interpretation: Rwanda case study

Since the seminal Sex Discrimination Act 1975, modern British equality law developed in a piecemeal fashion over four decades. The landmark Equality Act 2010 was designed to unify, simplify and, to a limited extent, strengthen the legislation in this area. Despite its long gestation period, the Bill suffered from a lack of parliamentary scrutiny. This article sets the Equality Act in context and, by analysing certain aspects, discusses how far it has met those aims.