The Government as Litigant: Further Tests of the Case Selection Model

We develop a model of the plaintiff's decision to file a lawsuitthat has implications for how differences between the federalgovernment and private litigants translate into differencesin trial rates and plaintiff win rates at trial. Our case selectionmodel generates a set of predictions for relative trial ratesand plaintiff win rates, depending on the type of case and whetherthe government is defendant or plaintiff. To test the model,we use data on about 474,000 cases filed in federal districtcourt between 1979 and 1994 in the areas of personal injuryand job discrimination, in which the federal government andprivate parties work under roughly similar legal rules. We findbroad support for the predictions of the model.     

Patents impediment or expedient to technology transfer

This paper examines the role that patents play in transferring technology. The history of our patent system and the requirements for patentability are reviewed. The option of keeping an invention as a trade secret rather than applying for a patent is presented. The paper also discusses the rationale behind the government’s change in its policy which permits exclusive licensing of public-owned patents. The author concludes that patents are not a barrier but a significant help in promoting technology transfer.     

Liability for failing to rescue

Should there be civil liability when a person who could easily and without risk rescue another fails to do so? It is argued that the failure to act does not cause the harm that follows, and that the misfeasance/nonfeasance distinction provides no basis for liability. In spite of this, it is maintained that there can sometimes be a duty to rescue, and even a right to be rescued, even in the absence of a voluntary undertaking or an explicit assumption of responsibility. There are convincing arguments for some sort of legal recognition of a duty to rescue, but these arguments do not support tort liability. Nor is a case for tort liability made with the argument that a growth of tort law in this direction would be compatible with the values most centrally involved in the division between torts and contracts. Furthermore, there is a case against tort liability — namely, that the purpose of tort liability is to compensate, that there are certain sorts of situations in which compensation is apposite, and that failure to rescue does not fit into these categories. Criminal liability is the appropriate way for the law to recognize a duty to rescue.     

The Incoherence of the Unified Bar Concept: Generalizing from the Wisconsin Case

Many of the unified bars—public bodies to which all lawyers must belong and pay dues in order to practice—have been embroiled in legal and political disputes recently. Focusing on the history of the unified bar in Wisconsin, this article accounts for these disputes in terms of contradictions inherent in the very concept of a unified bar. Across a wide range of issues, the author argues, decision makers have been unsure whether to treat a unified bar as a public agency, a compulsory membership organization, or a private voluntary association, and thus unable to determine when public accountability, the protection of dissident members, or associational autonomy should be the dominant policy in unified bar affairs. The author concludes that disputes over questions of unified bar governance are unlikely to subside and that the unified bars should therefore be terminated in favor of a combination of private voluntary state bar associations and administrative agencies independent of the organized bar.     

State policies and programs to preserve federally assisted low‐income housing

Abstract

Preservation of the existing assisted housing stock is likely to be a major housing issue throughout the 1990s and into the twenty‐first century. Federal legislation—the Emergency Low‐Income Housing Preservation Act and the Low‐Income Housing Preservation and Resident Homeownership Act—addresses the first wave of preservation needs and provides critically needed programs to maintain eligible units as assisted housing for the next 50 years.

This paper presents a brief review of federal preservation requirements and argues for state participation in the implementation of preservation programs. Seven areas are identified for state action, and leading state preservation programs are reviewed. Each state needs to ensure that a foundation is established to preserve these units over their useful life as decent, affordable housing. What the states learn from participating in the implementation of the federal preservation program will help them address future preservation needs and develop the capacity to manage the interdependent provision of assisted housing by the public, for‐profit, and nonprofit sectors.     

Fatal Intoxications in a Forensic Autopsy Material from Epirus,Greece, During the Period 1998‐2010

In this retrospective study, we report the epidemiological characteristics of all poisoning deaths in Epirus, Greece, from 1998 to 2010; we present the toxicological findings and the statistical evaluation of the results. This is the first detailed scientific report on all the officially certified poisoning deaths concerning part of the Greek population. A total of 126 poisoning fatalities were recorded, 67 of them being mono‐intoxications (53.2%). The cause of poisoning was as follows: drugs of abuse (60%); carbon monoxide (19.8%); pesticides (9.5%); corrosives (4.8%); pharmaceuticals (4.8%); and spider bite (0.8%). The most frequently detected poisonous substances were as follows: heroin (65 cases), ethanol (55), benzodiazepines (42), carbon monoxide (25), cocaine (17), cannabinoids (17) and pesticides (12). Increasing tendency in poisoning death rates was recorded, due to an increase in accidental poisoning deaths attributed mainly to drugs of abuse (total, accidental, and drugs‐of‐abuse poisoning death rates per 100,000 inhabitants per year were 1.87, 1.19, and 0.79, respectively, in the period 1998–2002 and 3.97, 3.41, and 2.55, respectively, in the period 2007–2010).     

Autopsy radiography: digital radiographs (DR) vs multidetector computed tomography (MDCT) in high-velocity gunshot-wound victims

This study compared full-body digital radiography (DR) with multidetector computed tomography (MDCT) in the postmortem evaluation of gunshot wound (GSW) victims. Thirteen consecutive male GSW victims (mean age, 27 years) had full-body DR and MDCT prior to routine autopsy. DR successfully identified all metallic fragments, but MDCT was superior in its ability to precisely determine location because it provided 3-dimensional anatomic localization. In all cases, MDCT more accurately assessed organ injuries and wound tracks. Both DR and MDCT are limited in classifying multiple wounds and major vessel injury, but MDCT is generally superior to DR. MDCT shows significant advantages over DR in the forensic evaluation of GSW victims. This is particularly advantageous for the pathologist retrieving metallic fragments and for describing fracture detail accurately. Use of MDCT instead of radiographs will require medical examiners to become familiar with reading cross-sectional images.     

Chronic Traumatic Encephalopathy Pathology After Shotgun Injury to the Brain

Chronic traumatic encephalopathy (CTE) was initially conceptualized in boxers, but has extended to other athletes in recent years, albeit with limited clinical correlations. It is often asserted that CTE pathology represents the substrate for progressive neurodegenerative disease. We report the case of a shotgun injury to the brain with 42‐year survival and no neurological disease progression until shortly before death. The decedent had no other traumatic brain injury (TBI) exposure and did not play football or other high energy collision sport. Neuropathological examination confirmed tissue damage, but additionally demonstrated localized patterns of phosphorylated tau (p‐tau) meeting criteria for CTE pathology. P‐tau and TDP‐43 deposits within marginal tissue of damaged brain were also present focally. No amyloid‐β (Aβ) deposits were present. These findings indicate that CTE pathology may occur following a single, severe TBI.